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<DOC>
H.R.2884
One Hundred Third Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-fifth day of January, one thousand nine hundred and ninety-
four
An Act
To establish a national framework for the development of School-to-
Work Opportuni-
ties systems in all States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title._This Act may be cited as the ``School-to-Work
Opportunities Act of 1994''.
(b) Table of Contents._The table of contents is 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. School-based learning component.
Sec. 103. Work-based learning component.
Sec. 104. Connecting activities component.
TITLE II_SCHOOL-TO-WORK OPPORTUNITIES SYSTEM DEVELOPMENT AND
IMPLEMENTATION GRANTS TO STATES
Subtitle A_State Development Grants
Sec. 201. Purpose.
Sec. 202. Authorization.
Sec. 203. Application.
Sec. 204. Approval of application.
Sec. 205. Use of amounts.
Sec. 206. Maintenance of effort.
Sec. 207. Reports.
Subtitle B_State Implementation Grants
Sec. 211. Purpose.
Sec. 212. Authorization.
Sec. 213. Application.
Sec. 214. Review of application.
Sec. 215. Use of amounts.
Sec. 216. Allocation requirement.
Sec. 217. Limitation on administrative costs.
Sec. 218. Reports.
Subtitle C_Development and Implementation Grants for School-to-Work
Programs for Indian Youths
Sec. 221. Authorization.
Sec. 222. Requirements.
TITLE III_FEDERAL IMPLEMENTATION GRANTS TO LOCAL PARTNERSHIPS
Sec. 301. Purposes.
Sec. 302. Authorization.
Sec. 303. Application.
Sec. 304. Use of amounts.
Sec. 305. Conformity with approved State plan.
Sec. 306. Reports.
Sec. 307. High poverty area defined.
TITLE IV_NATIONAL PROGRAMS
Sec. 401. Research, demonstration, and other projects.
Sec. 402. Performance outcomes and evaluation.
Sec. 403. Training and technical assistance.
Sec. 404. Capacity building and information and dissemination network.
Sec. 405. Reports to Congress.
Sec. 406. Funding.
TITLE V_WAIVER OF STATUTORY AND REGULATORY REQUIREMENTS
Sec. 501. State and local partnership requests and responsibilities for
waivers.
Sec. 502. Waiver authority of Secretary of Education.
Sec. 503. Waiver authority of Secretary of Labor.
Sec. 504. Combination of Federal funds for high poverty schools.
Sec. 505. Combination of Federal funds by States for school-to-work
activities.
TITLE VI_GENERAL PROVISIONS
Sec. 601. Requirements.
Sec. 602. Sanctions.
Sec. 603. State authority.
Sec. 604. Prohibition on Federal mandates, direction, and control.
Sec. 605. Authorization of appropriations.
TITLE VII_OTHER PROGRAMS
Subtitle A_Reauthorization of Job Training for the Homeless
Demonstration Program Under the Stewart B. McKinney Homeless Assistance
Act
Sec. 701. Reauthorization.
Subtitle B_Tech-Prep Programs
Sec. 711. Tech-prep education.
Subtitle C_Alaska Native Art and Culture
Sec. 721. Short title.
Sec. 722. Alaska Native art and culture.
Subtitle D_Job Training
Sec. 731. Amendment to Job Training Partnership Act to provide
allowances for child care costs to certain individuals
participating in the Job Corps.
TITLE VIII_TECHNICAL PROVISIONS
Sec. 801. Effective date.
Sec. 802. Sunset.
SEC. 2. FINDINGS.
Congress finds that_
(1) three-fourths of high school students in the United States
enter the workforce without baccalaureate degrees, and many do not
possess the academic and entry-level occupational skills necessary
to succeed in the changing United States workplace;
(2) a substantial number of youths in the United States,
especially disadvantaged students, students of diverse racial,
ethnic, and cultural backgrounds, and students with disabilities,
do not complete high school;
(3) unemployment among youths in the United States is
intolerably high, and earnings of high school graduates have been
falling relative to earnings of individuals with more education;
(4) the workplace in the United States is changing in response
to heightened international competition and new technologies, and
such forces, which are ultimately beneficial to the Nation, are
shrinking the demand for and undermining the earning power of
unskilled labor;
(5) the United States lacks a comprehensive and coherent system
to help its youths acquire the knowledge, skills, abilities, and
information about and access to the labor market necessary to make
an effective transition from school to career-oriented work or to
further education and training;
(6) students in the United States can achieve high academic and
occupational standards, and many learn better and retain more when
the students learn in context, rather than in the abstract;
(7) while many students in the United States have part-time
jobs, there is infrequent linkage between_
(A) such jobs; and
(B) the career planning or exploration, or the school-based
learning, of such students;
(8) the work-based learning approach, which is modeled after
the time-honored apprenticeship concept, integrates theoretical
instruction with structured on-the-job training, and this approach,
combined with school-based learning, can be very effective in
engaging student interest, enhancing skill acquisition, developing
positive work attitudes, and preparing youths for high-skill, high-
wage careers;
(9) Federal resources currently fund a series of categorical,
work-related education and training programs, many of which serve
disadvantaged youths, that are not administered as a coherent
whole; and
(10) in 1992 approximately 3,400,000 individuals in the United
States age 16 through 24 had not completed high school and were not
currently enrolled in school, a number representing approximately
11 percent of all individuals in this age group, which indicates
that these young persons are particularly unprepared for the
demands of a 21st century workforce.
SEC. 3. PURPOSES AND CONGRESSIONAL INTENT.
(a) Purposes._The purposes of this Act are_
(1) to establish a national framework within which all States
can create statewide School-to-Work Opportunities systems that_
(A) are a part of comprehensive education reform;
(B) are integrated with the systems developed under the
Goals 2000: Educate America Act and the National Skill
Standards Act of 1994; and
(C) offer opportunities for all students to participate in
a performance-based education and training program that will_
(i) enable the students to earn portable credentials;
(ii) prepare the students for first jobs in high-skill,
high-wage careers; and
(iii) increase their opportunities for further
education, including education in a 4-year college or
university;
(2) to facilitate the creation of a universal, high-quality
school-to-work transition system that enables youths in the United
States to identify and navigate paths to produc
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tive and
progressively more rewarding roles in the workplace;
(3) to utilize workplaces as active learning environments in
the educational process by making employers joint partners with
educators in providing opportunities for all students to
participate in high-quality, work-based learning experiences;
(4) to use Federal funds under this Act as venture capital, to
underwrite the initial costs of planning and establishing statewide
School-to-Work Opportunities systems that will be maintained with
other Federal, State, and local resources;
(5) to promote the formation of local partnerships that are
dedicated to linking the worlds of school and work among secondary
schools and postsecondary educational institutions, private and
public employers, labor organizations, government, community-based
organizations, parents, students, State educational agencies, local
educational agencies, and training and human service agencies;
(6) to promote the formation of local partnerships between
elementary schools and secondary schools (including middle schools)
and local businesses as an investment in future workplace
productivity and competitiveness;
(7) to help all students attain high academic and occupational
standards;
(8) to build on and advance a range of promising school-to-work
activities, such as tech-prep education, careerP academies, school-
to-apprenticeship programs, cooperative education, youth
apprenticeship, school-sponsored enterprises, business-education
compacts, and promising strategies that assist school dropouts,
that can be developed into programs funded under this Act;
(9) to improve the knowledge and skills of youths by
integrating academic and occupational learning, integrating school-
based and work-based learning, and building effective linkages
between secondary and postsecondary education;
(10) to encourage the development and implementation of
programs that will require paid high-quality, work-based learning
experiences;
(11) to motivate all youths, including low-achieving youths,
school dropouts, and youths with disabilities, to stay in or return
to school or a classroom setting and strive to succeed, by
providing enriched learning experiences and assistance in obtaining
good jobs and continuing their education in postsecondary
educational institutions;
(12) to expose students to a broad array of career
opportunities, and facilitate the selection of career majors, based
on individual interests, goals, strengths, and abilities;
(13) to increase opportunities for minorities, women, and
individuals with disabilities, by enabling individuals to prepare
for careers that are not traditional for their race, gender, or
disability; and
(14) to further the National Education Goals set forth in title
I of the Goals 2000: Educate America Act.
(b) Congressional Intent._It is the intent of Congress that the
Secretary of Labor and the Secretary of Education jointly administer
this Act in a flexible manner that_
(1) promotes State and local discretion in establishing and
implementing statewide School-to-Work Opportunities systems and
School-to-Work Opportunities programs; and
(2) contributes to reinventing government by_
(A) building on State and local capacity;
(B) eliminating duplication in education and training
programs for youths by integrating such programs into 1
comprehensive system;
(C) maximizing the effective use of resources;
(D) supporting locally established initiatives;
(E) requiring measurable goals for performance; and
(F) offering flexibility in meeting such goals.
SEC. 4. DEFINITIONS.
As used in this Act:
(1) All aspects of an industry._The term ``all aspects of an
industry'' means all aspects of the industry or industry sector a
student is preparing to enter, including planning, management,
finances, technical and production skills, underlying principles of
technology, labor and community issues, health and safety issues,
and environmental issues, related to such industry or industry
sector.
(2) All students._The term ``all students'' means both male and
female students from a broad range of backgrounds and
circumstances, including disadvantaged students, students with
diverse racial, ethnic, or cultural backgrounds, American Indians,
Alaska Natives, Native Hawaiians, students with disabilities,
students with limited-English proficiency, migrant children, school
dropouts, and academically talented students.
(3) Approved state plan._The term ``approved State plan'' means
a statewide School-to-Work Opportunities system plan that is
submitted by a State under section 213, is determined by the
Secretaries to include the program components described in sections
102 through 104 and otherwise meet the requirements of this Act,
and is consistent with the State improvement plan for the State, if
any, under the Goals 2000: Educate America Act.
(4) Career guidance and counseling._The term ``career guidance
and counseling'' means programs_
(A) that pertain to the body of subject matter and related
techniques and methods organized for the development in
individuals of career awareness, career planning, career
decisionmaking, placement skills, and knowledge and
understanding of local, State, and national occupational,
educational, and labor market needs, trends, and opportunities;
(B) that assist individuals in making and implementing
informed educational and occupational choices; and
(C) that aid students to develop career options with
attention to surmounting gender, race, ethnic, disability,
language, or socioeconomic impediments to career options and
encouraging careers in nontraditional employment.
(5) Career major._The term ``career major'' means a coherent
sequence of courses or field of study that prepares a student for a
first job and that_
(A) integrates academic and occupational learning,
integrates school-based and work-based learning, establishes
linkages between secondary schools and postsecondary
educational institutions;
(B) prepares the student for employment in a broad
occupational cluster or industry sector;
(C) typically includes at least 2 years of secondary
education and at least 1 or 2 years of postsecondary education;
(D) provides the students, to the extent practicable, with
strong experience in and understanding of all aspects of the
industry the students are planning to enter;
(E) results in the award of_
(i) a high school diploma or its equivalent, such as_
(I) a general equivalency diploma; or
(II) an alternative diploma or certificate for
students with disabilities for whom such alternative
diploma or certificate is appropriate;
(ii) a certificate or diploma recognizing successful
completion of 1 or 2 years of postsecondary education (if
appropriate); and
(iii) a skill certificate; and
(F) may lead to further education and training, such as
entry into a registered apprenticeship program, or may lead to
admission to a 2- or 4-year college or university.
(6) Community-based organizations._The term ``community-based
organizations'' has the meaning given such term in section 4(5) of
the Job Training Partnership Act (29 U.S.C. 1503(5)).
(7) Elementary school._The term ``elementary school'' means a
day or residential schoo
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l that provides elementary education, as
determined under State law.
(8) Employer._The term ``employer'' includes both public and
private employers.
(9) Governor._The term ``Governor'' means the chief executive
of a State.
(10) Local educational agency._The term ``local educational
agency'' means a public board of education or other public
authority legally constituted within a State for either
administrative control or direction of, or to perform a service
function for, public elementary or secondary schools in a city,
county, township, school district, or other political subdivision
of a State, or such combination of school districts or counties as
are recognized in a State as an administrative agency for its
public elementary or secondary schools. Such term includes any
other public institution or agency having administrative control
and direction of a public elementary or secondary school.
(11) Local partnership._The term ``local partnership'' means a
local entity that is responsible for local School-to-Work
Opportunities programs and that_
(A) consists of employers, representatives of local
educational agencies and local postsecondary educational
institutions (including representatives of area vocational
education schools, where applicable), local educators (such as
teachers, counselors, or administrators), representatives of
labor organizations or nonmanagerial employee representatives,
and students; and
(B) may include other entities, such as_
(i) employer organizations;
(ii) community-based organizations;
(iii) national trade associations working at the local
levels;
(iv) industrial extension centers;
(v) rehabilitation agencies and organizations;
(vi) registered apprenticeship agencies;
(vii) local vocational education entities;
(viii) proprietary institutions of higher education (as
defined in section 481(b) of the Higher Education Act of
1965 (20 U.S.C. 1088(b)) that continue to meet the
eligibility and certification requirements under title IV
of such Act (20 U.S.C. 1070 et seq.);
(ix) local government agencies;
(x) parent organizations;
(xi) teacher organizations;
(xii) vocational student organizations;
(xiii) private industry councils established under
section 102 of the Job Training Partnership Act (29 U.S.C.
1512);
(xiv) federally recognized Indian tribes, Indian
organizations, and Alaska Native villages within the
meaning of the Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.); and
(xv) Native Hawaiian entities.
(12) Postsecondary educational institution._The term
``postsecondary educational institution'' means an institution of
higher education (as such term is defined in section 481 of the
Higher Education Act of 1965 (20 U.S.C. 1088)) which continues to
meet the eligibility and certification requirements under title IV
of such Act (20 U.S.C. 1070 et seq.).
(13) Registered apprenticeship agency._The term ``registered
apprenticeship agency'' means the Bureau of Apprenticeship and
Training in the Department of Labor or a State apprenticeship
agency recognized and approved by the Bureau of Apprenticeship and
Training as the appropriate body for State registration or approval
of local apprenticeship programs and agreements for Federal
purposes.
(14) Registered apprenticeship program._The term ``registered
apprenticeship program'' means a program registered by a registered
apprenticeship agency.
(15) Related services._The term ``related services'' includes
the types of services described in section 602(17) of the
Individuals with Disabilities Education Act (20 U.S.C. 1401(17)).
(16) Rural community with low population density._The term
``rural community with low population density'' means a county,
block number area in a nonmetropolitan county, or consortium of
counties or of such block number areas, that has a population
density of 20 or fewer individuals per square mile.
(17) School dropout._The term ``school dropout'' means a youth
who is no longer attending any school and who has not received a
secondary school diploma or a certificate from a program of
equivalency for such a diploma.
(18) School site mentor._The term ``school site mentor'' means
a professional employed at a school who is designated as the
advocate for a particular student, and who works in consultation
with classroom teachers, counselors, related services personnel,
and the employer of the student to design and monitor the progress
of the School-to-Work Opportunities program of the student.
(19) School-to-work opportunities program._The term ``School-
to-Work Opportunities program'' means a program that meets the
requirements of this Act, other than a program described in section
401(a).
(20) Secondary school._The term ``secondary school'' means_
(A) a nonprofit day or residential school that provides
secondary education, as determined under State law, except that
it does not include any education provided beyond grade 12; and
(B) a Job Corps center under part B of title IV of the Job
Training Partnership Act (29 U.S.C. 1691 et seq.).
(21) Secretaries._The term ``Secretaries'' means the Secretary
of Education and the Secretary of Labor.
(22) Skill certificate._The term ``skill certificate'' means a
portable, industry-recognized credential issued by a School-to-Work
Opportunities program under an approved State plan, that certifies
that a student has mastered skills at levels that are at least as
challenging as skill standards endorsed by the National Skill
Standards Board established under the National Skill Standards Act
of 1994, except that until such skill standards are developed, the
term ``skill certificate'' means a credential issued under a
process described in the approved State plan.
(23) State._The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto Rico,
the Commonwealth of the Northern Mariana Islands, American Samoa,
Guam, the Virgin Islands, the Federated States of Micronesia, the
Republic of the Marshall Islands, and the Republic of Palau.
(24) State educational agency._The term ``State educational
agency'' means the officer or agency primarilyP responsible for the
State supervision of public elementary and secondary schools.
(25) Workplace mentor._The term ``workplace mentor'' means an
employee or other individual, approved by the employer at a
workplace, who possesses the skills and knowledge to be mastered by
a student, and who instructs the student, critiques the performance
of the student, challenges the student to perform well, and works
in consultation with classroom teachers and the employer of the
student.
SEC. 5. FEDERAL ADMINISTRATION.
(a) Joint Administration._
(1) In general._Notwithstanding the Department of Education
Organization Act (20 U.S.C. 3401 et seq.), the General Education
Provisions Act (20 U.S.C. 1221 et seq.), the Act entitled ``An Act
To Create a Department of Labor'', approved March 4, 1913 (29
U.S.C. 551 et seq.), and section 166 of the Job Training
Partnership Act (29 U.S.C. 1576), the Secretaries shall jointly
provide for, and shall exercise final authority over, the
administration of this Act, and shall have final authority to
jointly iss
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ue whatever procedures, guidelines, and regulations, in
accordance with section 553 of title 5, United States Code, the
Secretaries consider necessary and appropriate to administer and
enforce the provisions of this Act.
(2) Submission of plan._Not later than 120 days after the date
of enactment of this Act, the Secretaries shall prepare a plan for
the joint administration of this Act and submit such plan to
Congress for review and comment.
(b) Acceptance of Gifts._The Secretaries are authorized, in
carrying out this Act, to accept, purchase, or lease in the name of the
Department of Labor or the Department of Education, and employ or
dispose of in furtherance of the purposes of this Act, any money or
property, real, personal, or mixed, tangible or intangible, received by
gift, devise, bequest, or otherwise.
(c) Use of Voluntary and Uncompensated Services._Notwithstanding
section 1342 of title 31, United States Code, the Secretaries are
authorized to accept voluntary and uncompensated services in
furtherance of the purposes of this Act.
TITLE I_SCHOOL-TO-WORK OPPORTUNITIES BASIC PROGRAM COMPONENTS
SEC. 101. GENERAL PROGRAM REQUIREMENTS.
A School-to-Work Opportunities program under this Act shall_
(1) integrate school-based learning and work-based learning, as
provided for in sections 102 and 103, integrate academic and
occupational learning, and establish effective linkages between
secondary and postsecondary education;
(2) provide participating students with the opportunity to
complete career majors;
(3) incorporate the program components provided in sections 102
through 104;
(4) provide participating students, to the extent practicable,
with strong experience in and understanding of all aspects of the
industry the students are preparing to enter; and
(5) provide all students with equal access to the full range of
such program components (including both school-based and work-based
learning components) and related activities, such as recruitment,
enrollment, and placement activities, except that nothing in this
Act shall be construed to provide any individual with an
entitlement to services under this Act.
SEC. 102. SCHOOL-BASED LEARNING COMPONENT.
The school-based learning component of a School-to-Work
Opportunities program shall include_
(1) career awareness and career exploration and counseling
(beginning at the earliest possible age, but not later than the 7th
grade) in order to help students who may be interested to identify,
and select or reconsider, their interests, goals, and career
majors, including those options that may not be traditional for
their gender, race, or ethnicity;
(2) initial selection by interested students of a career major
not later than the beginning of the 11th grade;
(3) a program of study designed to meet the same academic
content standards the State has established for all students,
including, where applicable, standards established under the Goals
2000: Educate America Act, and to meet the requirements necessary
to prepare a student for postsecondary education and the
requirements necessary for a student to earn a skill certificate;
(4) a program of instruction and curriculum that integrates
academic and vocational learning (including applied methodologies
and team-teaching strategies), and incorporates instruction, to the
extent practicable, in all aspects of an industry, appropriately
tied to the career major of a participant;
(5) regularly scheduled evaluations involving ongoing
consultation and problem solving with students and school dropouts
to identify their academic strengths and weaknesses, academic
progress, workplace knowledge, goals, and the need for additional
learning opportunities to master core academic and vocational
skills; and
(6) procedures to facilitate the entry of students
participating in a School-to-Work Opportunities program into
additional training or postsecondary education programs, as well as
to facilitate the transfer of the students between education and
training programs.
SEC. 103. WORK-BASED LEARNING COMPONENT.
(a) Mandatory Activities._The work-based learning component of a
School-to-Work Opportunities program shall include_
(1) work experience;
(2) a planned program of job training and work experiences
(including training related to preemployment and employment skills
to be mastered at progressively higher levels) that are coordinated
with learning in the school-based learning component described in
section 102 and are relevant to the career majors of students and
lead to the award of skill certificates;
(3) workplace mentoring;
(4) instruction in general workplace competencies, including
instruction and activities related to developing positive work
attitudes, and employability and participative skills; and
(5) broad instruction, to the extent practicable, in all
aspects of the industry.
(b) Permissible Activities._Such component may include such
activities as paid work experience, job shadowing, school-sponsored
enterprises, or on-the-job training.
SEC. 104. CONNECTING ACTIVITIES COMPONENT.
The connecting activities component of a School-to-Work
Opportunities program shall include_
(1) matching students with the work-based learning
opportunities of employers;
(2) providing, with respect to each student, a school site
mentor to act as a liaison among the student and the employer,
school, teacher, school administrator, and parent of the student,
and, if appropriate, other community partners;
(3) providing technical assistance and services to employers,
including small- and medium-sized businesses, and other parties in_
(A) designing school-based learning components described in
section 102, work-based learning components described in
section 103, and counseling and case management services; and
(B) training teachers, workplace mentors, school site
mentors, and counselors;
(4) providing assistance to schools and employers to integrate
school-based and work-based learning and integrate academic and
occupational learning into the program;
(5) encouraging the active participation of employers, in
cooperation with local education officials, in the implementation
of local activities described in section 102, section 103, or this
section;
(6)(A) providing assistance to participants who have completed
the program in finding an appropriate job, continuing their
education, or entering into an additional training program; and
(B) linking the participants with other community services that
may be necessary to assure a successful transition from school to
work;
(7) collecting and analyzing information regarding post-program
outcomes of participants in the School-to-Work Opportunities
program, to the extent practicable, on the basis of socioeconomic
status, race, gender, ethnicity, culture, and disability, and on
the basis of whether the participants are students with limited-
English proficiency, school dropouts, disadvantaged students, or
academically talented students; and
(8) linking youth development activities under this Act with
employer and industry strategies for upgrading the skills of their
workers.
TITLE II_SCHOOL-TO-WORK OPPORTUNITIES SYSTEM DEVELOPMENT AND
IMPLEMENTATION GRANTS TO STATES
Subtitle A_State Development Grants
SEC. 201. PURPOSE.
The purpose of this subtitle is to assist States in planning and
developing comprehensive statewide School-to-Work Opportunities
systems.
SEC. 202. AUTHORIZATION.
(a) Grants to States._
(1) In general._On t
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he application of the Governor on behalf of
a State in accordance with section 203, the Secretaries may provide
a development grant to the State in such amounts as the Secretaries
determine to be necessary to enable such State to complete planning
and development of a comprehensive statewide School-to-Work
Opportunities system.
(2) Amount._The amount of a development grant under this
section may not exceed $1,000,000 for any fiscal year.
(3) Completion._The Secretaries may provide such grant to
complete development of a statewide School-to-Work Opportunities
systems initiated with funds received under the Job Training
Partnership Act (29 U.S.C. 1501 et seq.) or the Carl D. Perkins
Vocational and Applied Technology Education Act (20 U.S.C. 2301 et
seq.).
(b) Grants to Territories._In providing grants under this section
to the Commonwealth of the Northern Mariana Islands, American Samoa,
Guam, the Virgin Islands, the Federated States of Micronesia, the
Republic of the Marshall Islands, or the Republic of Palau, the
Secretaries shall use amounts reserved under section 605(b)(1).
SEC. 203. APPLICATION.
(a) In General._The Secretaries may not provide a development grant
under section 202 to a State unless the Governor of the State, on
behalf of the State, submits to the Secretaries an application, at such
time, in such form, and containing such information as the Secretaries
may reasonably require.
(b) Contents._Such application shall include_
(1) a timetable and an estimate of the amount of funding needed
to complete the planning and development necessary to implement a
comprehensive statewide School-to-Work Opportunities system for all
students;
(2) a description of how_
(A) the Governor;
(B) the State educational agency;
(C) the State agency officials responsible for economic
development;
(D) the State agency officials responsible for employment;
(E) the State agency officials responsible for job
training;
(F) the State agency officials responsible for
postsecondary education;
(G) the State agency officials responsible for vocational
education;
(H) the State agency officials responsible for vocational
rehabilitation;
(I) the individual assigned by the State under section
111(b)(1) of the Carl D. Perkins Vocational and Applied
Technology Education Act (20 U.S.C. 2321(b)(1));
(J) other appropriate officials, including the State human
resource investment council established in accordance with
title VII of the Job Training Partnership Act (29 U.S.C. 1792
et seq.), if the State has established such a council; and
(K) representatives of the private sector;
will collaborate in the planning and development of the statewide
School-to-Work Opportunities system;
(3) a description of the manner in which the State has obtained
and will continue to obtain the active and continued participation,
in the planning and development of the statewide School-to-Work
Opportunities system, of employers and other interested parties,
such as locally elected officials, secondary schools and
postsecondary educational institutions (or related agencies),
business associations, industrial extension centers, employees,
labor organizations or associations of such organizations,
teachers, related services personnel, students, parents, community-
based organizations, rehabilitation agencies and organizations,
Indian tribes, registered apprenticeship agencies, vocational
educational agencies, vocational student organizations, and human
service agencies;
(4) a description of the manner in which the State will
coordinate planning activities with any local school-to-work
programs, including programs funded under title III, if any;
(5) a designation of a fiscal agent to receive and be
accountable for funds provided from a grant under section 202; and
(6) a description of how the State will provide opportunities
for students from low-income families, low-achieving students,
students with limited-English proficiency, students with
disabilities, students living in rural communities with low
population densities, school dropouts, and academically talented
students to participate in School-to-Work Opportunities programs.
(c) Coordination With Goals 2000: Educate America Act._A State
seeking assistance under both this subtitle and the Goals 2000: Educate
America Act may_
(1) submit a single application containing plans that meet the
requirements of such subtitle and such Act and ensure that the
plans are coordinated and not duplicative; or
(2) if such State has already submitted its application for
funds under the Goals 2000: Educate America Act, submit its
application under this subtitle as an amendment to the Goals 2000:
Educate America Act application if such amendment meets the
requirements of this subtitle and is coordinated with and not
duplicative of the Goals 2000: Educate America Act application.
SEC. 204. APPROVAL OF APPLICATION.
The Secretaries may approve an application submitted by a State
under section 203 only if the State demonstrates in such application
that the activities proposed to be undertaken by the State to develop a
statewide School-to-Work Opportunities system are consistent with the
State improvement plan for the State, if any, under the Goals 2000:
Educate America Act.
SEC. 205. USE OF AMOUNTS.
The Secretaries may not provide a development grant under section
202 to a State unless the State agrees that the State will use all
amounts received from such grant for activities to develop a statewide
School-to-Work Opportunities system, which may include_
(1) identifying or establishing an appropriate State structure
to administer the statewide School-to-Work Opportunities system;
(2) identifying secondary and postsecondary school-to-work
programs in existence on or after the date of the enactment of this
Act that might be incorporated into such system;
(3) identifying or establishing broad-based partnerships among
employers, labor, education, government, and other community-based
organizations and parent organizations to participate in the
design, development, and administration of School-to-Work
Opportunities programs;
(4) developing a marketing plan to build consensus and support
for such programs;
(5) promoting the active involvement of business (including
small- and medium-sized businesses) in planning, developing, and
implementing local School-to-Work Opportunities programs, and in
establishing partnerships between business and elementary schools
and secondary schools (including middle schools);
(6) identifying ways that local school-to-work programs in
existence on or after the date of the enactment of this Act could
be coordinated with the statewide School-to-Work Opportunities
system;
(7) supporting local planning and development activities to
provide guidance, training and technical assistance for teachers,
employers, mentors, counselors, administrators, and others in the
development of School-to-Work Opportunities programs;
(8) identifying or establishing mechanisms for providing
training and technical assistance to enhance the development of the
statewide School-to-Work Opportunities system;
(9) developing a training and technical support system for
teachers, employers, mentors, counselors, related services
personnel, and others that includes specialized training and
technical support for the counseling and training of women,
minorities, and individuals with disabilities for high-skill, high-
wage careers i
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n nontraditional employment;
(10) initiating pilot programs for testing key components of
the program design of programs under the statewide School-to-Work
Opportunities system;
(11) developing a State process for issuing skill certificates
that is, to the extent feasible, consistent with the skill
standards certification systems endorsed under the National Skill
Standards Act of 1994;
(12) designing challenging curricula, in cooperation with
representatives of local partnerships, that take into account the
diverse learning needs and abilities of the student population
served by the statewide School-to-Work Opportunities system;
(13) developing a system for labor market analysis and
strategic planning for local targeting of industry sectors or broad
occupational clusters that can provide students with placements in
high-skill workplaces;
(14) analyzing the post-high school employment experiences of
recent high school graduates and school dropouts;
(15) preparing the plan described in section 213(d);
(16) working with localities to develop strategies to recruit
and retain all students in programs under this Act through
collaborations with community-based organizations, where
appropriate, and other entities with expertise in working with such
students;
(17) coordinating recruitment of out-of-school, at-risk, and
disadvantaged youths with those organizations and institutions that
have a successful history of working with such youths; and
(18) providing technical assistance to rural areas in planning,
developing, and implementing local School-to-Work Opportunities
programs that meet the needs of rural communities with low
population densities.
SEC. 206. MAINTENANCE OF EFFORT.
(a) In General._A State may receive a development grant under
section 202 for a fiscal year only if the State provides assurances,
satisfactory to the Secretaries, that_
(1) the amount of State funds expended per student by the State
for school-to-work activities of the type described in title I for
the preceding fiscal year was not less than 90 percent of the
amount so expended for the second preceding fiscal year; or
(2) the aggregate amount of State funds expended by the State
for such activities for the preceding fiscal year was not less than
90 percent of the amount so expended for the second preceding
fiscal year.
(b) Waiver._
(1) Determination._The Secretaries may jointly waive the
requirements described in subsection (a) for a State that requests
such a waiver if the Secretaries determine that such a waiver would
be equitable due to_
(A) exceptional or uncontrollable circumstances such as a
natural disaster; or
(B) a precipitous decline in the financial resources of the
State.
(2) Request._To be eligible to receive such a waiver, a State
shall submit a request at such time, in such form, and containing
such information as the Secretaries may require.
SEC. 207. REPORTS.
The Secretaries may not provide a development grant under section
202 to a State unless the State agrees that the State will submit to
the Secretaries such reports as the Secretaries may reasonably require,
relating to the use of amounts from such grant, except that the
Secretaries may not require more than 1 such report during any 3-month
period.
Subtitle B_State Implementation Grants
SEC. 211. PURPOSE.
The purpose of this subtitle is to assist States in the
implementation of comprehensive statewide School-to-Work Opportunities
systems.
SEC. 212. AUTHORIZATION.
(a) Grants to States._On the application of the Governor on behalf
of a State in accordance with section 213, the Secretaries may provide
an implementation grant to the State in such amounts as the Secretaries
determine to be necessary to enable such State to implement a
comprehensive statewide School-to-Work Opportunities system.
(b) Grants to Territories._In providing grants under this section
to the Commonwealth of the Northern Mariana Islands, American Samoa,
Guam, the Virgin Islands, the Federated States of Micronesia, the
Republic of the Marshall Islands, or the Republic of Palau, the
Secretaries shall use amounts reserved under section 605(b)(1).
(c) Period of Grant._The provision of payments under a grant under
subsection (a) shall not exceed 5 fiscal years and shall be subject to
the annual approval of the Secretaries and subject to the availability
of appropriations for the fiscal year involved to make the payments.
(d) Limitation._A State shall be eligible to receive only 1
implementation grant under subsection (a).
SEC. 213. APPLICATION.
(a) In General._
(1) Submission by governor on behalf of state._Subject to
paragraph (2), the Secretaries may not provide an implementation
grant under section 212 to a State unless the Governor of the
State, on behalf of the State, submits to the Secretaries an
application, at such time, in such form, and containing such
information as the Secretaries may reasonably require.
(2) Review and comment by certain individuals and entities._If,
after a reasonable effort, the Governor is unable in accordance
with subsection (d)(4) to obtain the support of the individuals and
entities described in subparagraphs (A) through (J) of subsection
(b)(4) for the State plan described in subsection (d), then the
Governor shall_
(A) provide such individuals and entities with copies of
such application;
(B) allow such individuals and entities to submit to the
Governor, not later than the end of the 30-day period beginning
on the date on which the Governor provides such individuals and
entities with copies of such application under subparagraph
(A), comments on those portions of the plan that address
matters that, under State or other applicable law, are under
the jurisdiction of such individuals or entities; and
(C) include any such comments in the application in
accordance with subsection (b)(5).
(b) Contents._Such application shall include_
(1) a plan for a comprehensive, statewide School-to-Work
Opportunities system that meets the requirements of subsection (d);
(2) a description of the manner in which the State will
allocate funds made available through such a grant to local
partnerships under section 215(b)(7);
(3) a request, if the State decides to submit such a request,
for 1 or more waivers of certain statutory or regulatory
requirements, as provided for under title V;
(4) a description of the manner in which_
(A) the Governor;
(B) the State educational agency;
(C) the State agency officials responsible for economic
development;
(D) the State agency officials responsible for employment;
(E) the State agency officials responsible for job
training;
(F) the State agency officials responsible for
postsecondary education;
(G) the State agency officials responsible for vocational
education;
(H) the State agency officials responsible for vocational
rehabilitation;
(I) the individual assigned for the State under section
111(b)(1) of the Carl D. Perkins Vocational and Applied
Technology Education Act (20 U.S.C. 2321(b)(1));
(J) other appropriate officials, including the State human
resource investment council established in accordance with
title VII of the Job Training Partnership Act (29 U.S.C. 1792
et seq.), if the State has established such a council; and
(K) representatives of the private sector;
collaborated in the development of the application;
(5) the comments s
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ubmitted to the Governor under subsection
(a)(2), where applicable; and
(6) such other information as the Secretaries may require.
(c) Coordination With Goals 2000: Educate America Act._A State
seeking assistance under both this subtitle and the Goals 2000: Educate
America Act may_
(1) submit a single application containing plans that meet the
requirements of such subtitle and such Act and ensure that the
plans are coordinated and not duplicative; or
(2) if such State has already submitted its application for
funds under the Goals 2000: Educate America Act, submit its
application under this subtitle as an amendment to the Goals 2000:
Educate America Act application if such amendment meets the
requirements of this subtitle and is coordinated with and not
duplicative of the Goals 2000: Educate America Act application.
(d) State Plan._A State plan referred to in subsection (b)(1)
shall_
(1) designate the geographical areas, including urban and rural
areas, to be served by local partnerships that receive grants under
section 215(b), which geographic areas shall, to the extent
feasible, reflect local labor market areas;
(2) describe the manner in which the State will stimulate and
support local School-to-Work Opportunities programs and the manner
in which the statewide School-to-Work Opportunities system will be
expanded over time to cover all geographic areas in the State,
including urban and rural areas;
(3) describe the procedure by which the individuals and
entities described in subsection (b)(4) will collaborate in the
implementation of the School-to-Work Opportunities system;
(4) demonstrate the support of individuals and entities
described in subparagraphs (A) through (J) of subsection (b)(4) for
the plan, except in the case where the Governor is unable to obtain
the support of such individuals and entities as provided in
subsection (a)(2);
(5) describe the manner in which the State has obtained and
will continue to obtain the active and continued involvement, in
the statewide School-to-Work Opportunities system, of employers and
other interested parties such as locally elected officials,
secondary schools and postsecondary educational institutions (or
related agencies), business associations, industrial extension
centers, employees, labor organizations or associations of such
organizations, teachers, related services personnel, students,
parents, community-based organizations, rehabilitation agencies and
organizations, registered apprenticeship agencies, local vocational
educational agencies, vocational student organizations, State or
regional cooperative education associations, and human service
agencies;
(6) describe the manner in which the statewide School-to-Work
Opportunities system will coordinate with or integrate local
school-to-work programs in existence on or after the date of the
enactment of this Act, including programs financed from State and
private sources, with funds available from such related Federal
programs as programs under_
(A) the Adult Education Act (20 U.S.C. 1201 et seq.);
(B) the Carl D. Perkins Vocational and Applied Technology
Education Act (20 U.S.C. 2301 et seq.);
(C) the Elementary and Secondary Education Act of 1965 (20
U.S.C. 2701 et seq.);
(D) the Higher Education Act of 1965 (20 U.S.C. 1001 et
seq.);
(E) part F of title IV of the Social Security Act (42
U.S.C. 681 et seq.);
(F) the Goals 2000: Educate America Act;
(G) the National Skills Standards Act of 1994;
(H) the Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.);
(I) the Job Training Partnership Act (29 U.S.C. 1501 et
seq.);
(J) the Act of August 16, 1937 (commonly known as the
``National Apprenticeship Act''; 50 Stat. 664, chapter 663; 29
U.S.C. 50 et seq.);
(K) the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.);
and
(L) the National and Community Service Act of 1990 (42
U.S.C. 12501 et seq.);
(7) describe the strategy of the State for providing training
for teachers, employers, mentors, counselors, related services
personnel, and others, including specialized training and technical
support for the counseling and training of women, minorities, and
individuals with disabilities for high-skill, high-wage careers in
nontraditional employment, and provide assurances of coordination
with similar training and technical support under other provisions
of law;
(8) describe how the State will adopt, develop, or assist local
partnerships to adopt or develop model curricula and innovative
instructional methodologies, to be used in the secondary, and where
possible, the elementary grades, that integrate academic and
vocational learning and promote career awareness, and that are
consistent with academic and skill standards established pursuant
to the Goals 2000: Educate America Act and the National Skill
Standards Act of 1994;
(9) describe how the State will expand and improve career and
academic counseling in the elementary and secondary grades, which
may include linkages to career counseling and labor market
information services outside of the school system;
(10) describe the strategy of the State for integrating
academic and vocational education;
(11) describe the resources, including private sector
resources, the State intends to employ in maintaining the statewide
School-to-Work Opportunities system when funds under this Act are
no longer available;
(12) describe the extent to which the statewide School-to-Work
Opportunities system will include programs that will require paid
high-quality, work-based learning experiences, and the steps the
State will take to generate such paid experiences;
(13) describe the manner in which the State will ensure
effective and meaningful opportunities for all students in the
State to participate in School-to-Work Opportunities programs;
(14) describe the goals of the State and the methods the State
will use, such as awareness and outreach, to ensure opportunities
for young women to participate in School-to-Work Opportunities
programs in a manner that leads to employment in high-performance,
high-paying jobs, including nontraditional employment, and goals to
ensure an environment free from racial and sexual harassment;
(15) describe how the State will ensure opportunities for low
achieving students, students with disabilities, school dropouts,
and academically talented students to participate in School-to-Work
Opportunities programs;
(16) describe the process of the State for assessing the skills
and knowledge required in career majors, and the process for
awarding skill certificates that is, to the extent feasible,
consistent with the skills standards certification systems endorsed
under the National Skill Standards Act of 1994;
(17) describe the manner in which the State will ensure that
students participating in the programs are provided, to the
greatest extent possible, with flexibility to develop new career
goals over time and to change career majors;
(18) describe the manner in which the State will, to the extent
feasible, continue programs funded under title III in the statewide
School-to-Work Opportunities system;
(19) describe how the State will serve students from rural
communities with low population densities;
(20) describe how local School-to-Work Opportunities programs,
including those funded under title III, if any, will be integrated
into the statewi
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de School-to-Work Opportunities system;
(21) describe the performance standards that the State intends
to meet in establishing and carrying out the statewide School-to-
Work Opportunities system, including how such standards relate to
those performance standards established under other related
programs;
(22) designate a fiscal agent to receive and be accountable for
funds provided from a grant under section 212; and
(23) describe the procedures to facilitate the entry of
students participating in a School-to-Work Opportunities program
into additional training or postsecondary education programs, as
well as to facilitate the transfer of the students between
education and training programs.
SEC. 214. REVIEW OF APPLICATION.
(a) Considerations._In evaluating applications submitted under
section 213, the Secretaries shall_
(1) give priority to applications that describe the highest
levels of concurrence by the individuals and entities described in
section 213(b)(4) with the State plan for the statewide School-to-
Work Opportunities system;
(2) give priority to applications that require paid, high-
quality work-based learning experiences as an integral part of such
system; and
(3) take into consideration the quality of the application,
including the replicability, sustainability, and innovation of
School-to-Work Opportunities programs described in the application.
(b) Approval Criteria._The Secretaries_
(1) shall approve only those applications submitted under
section 213 that demonstrate the highest levels of collaboration by
the individuals and entities described in section 213(b)(4) in the
development and implementation of the statewide School-to-Work
system;
(2) shall approve an application submitted under section 213
only if the State provides the assurances described in section
206(a) (relating to maintenance of effort) in accordance with such
section, except that this requirement may be waived in accordance
with section 206(b); and
(3) may approve an application submitted under section 213 only
if the State demonstrates in the application_
(A) that other Federal, State, and local resources will be
used to implement the proposed State plan;
(B) the extent to which such plan would limit
administrative costs and increase amounts spent on delivery of
services to students enrolled in programs under this Act;
(C) that the State, where appropriate, will ensure the
establishment of a partnership in at least 1 urban and 1 rural
area in the State; and
(D) that the State plan contained in such application is
consistent with the State improvement plan for the State, if
any, under the Goals 2000: Educate America Act.
(c) Actions._
(1) In general._In reviewing each application submitted under
section 213, the Secretaries shall determine whether the
application and the plan described in such application meet the
approval criteria in subsection (b).
(2) Actions after affirmative determination._If the
determination under paragraph (1) is affirmative, the Secretaries
may take 1 or more of the following actions:
(A) Provide an implementation grant under section 212 to
the State submitting the application.
(B) Approve the request of the State, if any, for a waiver
in accordance with the procedures set forth in title V.
(3) Action after nonaffirmative determination._If the
determination under paragraph (1) is not affirmative, the
Secretaries shall inform the State of the opportunity to apply for
development funds under subtitle A in accordance with such
subtitle.
(d) Use of Funds for Review of Applications._The Secretaries may
use amounts reserved under section 605(b)(4) for the review of
applications submitted under section 213.
SEC. 215. USE OF AMOUNTS.
(a) In General._The Secretaries may not provide an implementation
grant under section 212 to a State unless the State agrees that the
State will use all amounts received from such grant to implement the
statewide School-to-Work Opportunities system in accordance with this
section.
(b) Subgrants to Local Partnerships._
(1) Authority._
(A) In general._Except as provided in subparagraph (B), the
State shall provide subgrants to local partnerships, according
to criteria established by the State, for the purpose of
carrying out School-to-Work Opportunities programs.
(B) Prohibition._The State shall not provide subgrants to
local partnerships that have received implementation grants
under title III, except that this prohibition shall not apply
with respect to local partnerships that are located in high
poverty areas, as such term is defined in section 307.
(2) Application._A local partnership that seeks a subgrant to
carry out a local School-to-Work Opportunities program, including a
program initiated under section 302, shall submit an application to
the State that_
(A) describes how the program will include the program
components described in sections 102, 103, and 104 and
otherwise meet the requirements of this Act;
(B) sets forth measurable program goals and outcomes;
(C) describes the local strategies and timetables of the
local partnership to provide opportunities for all students in
the area served to participate in a School-to-Work
Opportunities program;
(D) describes the extent to which the program will require
paid high-quality, work-based learning experiences, and the
steps the local partnerships will take to generate such paid
experiences;
(E) describes the process that will be used to ensure
employer involvement in the development and implementation of
the local School-to-Work Opportunities program;
(F) provides assurances that, to the extent practicable,
opportunities provided to students to participate in a School-
to-Work Opportunities program will be in industries and
occupations offering high-skill, high-wage employment
opportunities;
(G) provides such other information as the State may
require; and
(H) is submitted at such time and in such form as the State
may require.
(3) Disapproval of application._If the State determines that an
application submitted by a local partnership does not meet the
criteria under paragraph (2), or that the application is incomplete
or otherwise unsatisfactory, the State shall_
(A) notify the local partnership of the reasons for the
failure to approve the application; and
(B) permit the local partnership to resubmit a corrected or
amended application.
(4) Allowable activities._A local partnership shall expend
funds provided through subgrants under this subsection only for
activities undertaken to carry out local School-to-Work
Opportunities programs, and such activities may include, for each
such program_
(A) recruiting and providing assistance to employers,
including small- and medium-size businesses, to provide the
work-based learning components described in section 103;
(B) establishing consortia of employers to support the
School-to-Work Opportunities program and provide access to jobs
related to the career majors of students;
(C) supporting or establishing intermediaries (selected
from among the members of the local partnership) to perform the
activities described in section 104 and to provide assistance
to students or school dropouts in obtaining jobs and further
educat
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ion and training;
(D) designing or adapting school curricula that can be used
to integrate academic, vocational, and occupational learning,
school-based and work-based learning, and secondary and
postsecondary education for all students in the area served;
(E) providing training to work-based and school-based staff
on new curricula, student assessments, student guidance, and
feedback to the school regarding student performance;
(F) establishing, in schools participating in the School-
to-Work Opportunities program, a graduation assistance program
to assist at-risk students, low-achieving students, and
students with disabilities, in graduating from high school,
enrolling in postsecondary education or training, and finding
or advancing in jobs;
(G) providing career exploration and awareness services,
counseling and mentoring services, college awareness and
preparation services, and other services (beginning at the
earliest possible age, but not later than the 7th grade) to
prepare students for the transition from school to work;
(H) providing supplementary and support services, including
child care and transportation, when such services are necessary
for participation in a local School-to-Work Opportunities
program;
(I) conducting or obtaining an in-depth analysis of the
local labor market and the generic and specific skill needs of
employers to identify high-demand, high-wage careers to target;
(J) integrating school-based and work-based learning into
job training programs that are for school dropouts and that are
in existence on or after the date of the enactment of this Act;
(K) establishing or expanding school-to-apprenticeship
programs in cooperation with registered apprenticeship agencies
and apprenticeship sponsors;
(L) assisting participating employers, including small- and
medium-size businesses, to identify and train workplace mentors
and to develop work-based learning components;
(M) promoting the formation of partnerships between
elementary schools and secondary schools (including middle
schools) and local businesses as an investment in future
workplace productivity and competitiveness;
(N) designing local strategies to provide adequate planning
time and staff development activities for teachers, school
counselors, related services personnel, and school site
mentors, including opportunities outside the classroom that are
at the worksite;
(O) enhancing linkages between after-school, weekend, and
summer jobs, career exploration, and school-based learning; and
(P) obtaining the assistance of organizations and
institutions that have a history of success in working with
school dropouts and at-risk and disadvantaged youths in
recruiting such school dropouts and youths to participate in
the local School-to-Work Opportunities program.
(5) Local partnership compact._The State may not provide a
subgrant under paragraph (1) to a local partnership unless the
partnership agrees that the local partnership will establish a
process by which the responsibilities and expectations of students,
parents, employers, and schools are clearly established and agreed
upon at the point of entry of the student into a career major
program of study.
(6) Administrative costs._The local partnership may not use
more than 10 percent of amounts received from a subgrant under
paragraph (1) for any fiscal year for administrative costs
associated with activities in carrying out, but not including,
activities under paragraphs (4) and (5) for such fiscal year.
(7) Allocation requirements._
(A) First year._In the 1st fiscal year for which a State
receives amounts from a grant under section 212, the State
shall use not less than 70 percent of such amounts to provide
subgrants to local partnerships under paragraph (1).
(B) Second year._In the 2d fiscal year for which a State
receives amounts from a grant under section 212, the State
shall use not less than 80 percent of such amounts to provide
subgrants to local partnerships under paragraph (1).
(C) Third year and succeeding years._In the 3d fiscal year
for which a State receives amounts from a grant under section
212, and in each succeeding year, the State shall use not less
than 90 percent of such amounts to provide subgrants to local
partnerships under paragraph (1).
(c) Additional State Activities._In carrying out the statewide
School-to-Work Opportunities system, the State may also_
(1) recruit and provide assistance to employers to provide
work-based learning for all students;
(2) conduct outreach activities to promote and support
collaboration, in School-to-Work Opportunities programs, by
businesses, labor organizations, and other organizations;
(3) provide training for teachers, employers, workplace
mentors, school site mentors, counselors, related services
personnel, and other parties;
(4) provide labor market information to local partnerships that
is useful in determining which high-skill, high-wage occupations
are in demand;
(5) design or adapt model curricula that can be used to
integrate academic, vocational, and occupational learning, school-
based and work-based learning, and secondary and postsecondary
education, for all students in the State;
(6) design or adapt model work-based learning programs and
identify best practices for such programs;
(7) conduct outreach activities and provide technical
assistance to other States that are developing or implementing
School-to-Work Opportunities systems;
(8) reorganize and streamline school-to-work programs in the
State to facilitate the development of a comprehensive statewide
School-to-Work Opportunities system;
(9) identify ways that local school-to-work programs in
existence on or after the date of the enactment of this Act could
be integrated with the statewide School-to-Work Opportunities
system;
(10) design career awareness and exploration activities
(beginning at the earliest possible age, but not later than the 7th
grade), such as job shadowing, job site visits, school visits by
individuals in various occupations, and mentoring;
(11) design and implement school-sponsored work experiences,
such as school-sponsored enterprises and community development
projects;
(12) promote the formation of partnerships between elementary
schools and secondary schools (including middle schools) and local
businesses as an investment in future workplace productivity and
competitiveness;
(13) obtain the assistance of organizations and institutions
that have a history of success in working with school dropouts and
at-risk and disadvantaged youths in recruiting such school dropouts
and youths to participate in the statewide School-to-Work
Opportunities system;
(14) conduct outreach to all students in a manner that most
appropriately meets their needs and the needs of their communities;
and
(15) provide career exploration and awareness services,
counseling and mentoring services, college awareness and
preparation services, and other services (beginning at the earliest
possible age, but not later than the 7th grade) to prepare students
for the transition from school to work.
SEC. 216. ALLOCATION REQUIREMENT.
The Secretaries shall establish the minimum and maximum amounts
available for an implementat
2000
ion grant under section 212, and shall
determine the actual amount granted to any State under such section,
based on such criteria as the scope and quality of the plan described
in section 213(d) and the number of projected participants in programs
carried out through the system.
SEC. 217. LIMITATION ON ADMINISTRATIVE COSTS.
A State that receives an implementation grant under section 212 may
not use more than 10 percent of the amounts received through the grant
for any fiscal year for administrative costs associated with
implementing the statewide School-to-Work Opportunities system for such
fiscal year.
SEC. 218. REPORTS.
The Secretaries may not provide an implementation grant under
section 212 to a State unless the State agrees that the State will
submit to the Secretaries such reports as the Secretaries may
reasonably require, relating to the use of amounts from such grant,
except that the Secretaries may not require more than 1 such report
during any 3-month period.
Subtitle C_Development and Implementation Grants for School-to-Work
Programs for Indian Youths
SEC. 221. AUTHORIZATION.
(a) In General._From amounts reserved under section 605(b)(2), the
Secretaries shall provide grants to establish and carry out School-to-
Work Opportunities programs for Indian youths that involve Bureau
funded schools (as defined in section 1139(3) of the Education
Amendments of 1978 (25 U.S.C. 2019(3))).
(b) Additional Authorities._The Secretaries may carry out
subsection (a) through such means as the Secretaries find appropriate,
including_
(1) the transfer of funds to the Secretary of the Interior; and
(2) the provision of financial assistance to Indian tribes and
Indian organizations.
SEC. 222. REQUIREMENTS.
In providing grants under section 221, the Secretaries shall
require recipients of such grants to comply with requirements similar
to those requirements imposed on States under subtitles A and B of this
title.
TITLE III_FEDERAL IMPLEMENTATION GRANTS TO LOCAL PARTNERSHIPS
SEC. 301. PURPOSES.
The purposes of this title are_
(1) to authorize the Secretaries to provide competitive grants
directly to local partnerships in order to provide funding for
communities that have built a sound planning and development base
for School-to-Work Opportunities programs and are ready to begin
implementing a local School-to-Work Opportunities program; and
(2) to authorize the Secretaries to provide competitive grants
to local partnerships to implement School-to-Work Opportunities
programs in high poverty areas of urban and rural communities to
provide support for a comprehensive range of education, training,
and support services for youths residing in such areas.
SEC. 302. AUTHORIZATION.
(a) Grants to Local Partnerships._
(1) In general._Subject to paragraph (2), the Secretaries may
provide implementation grants, in accordance with competitive
criteria established by the Secretaries, directly to local
partnerships in States in such amounts as the Secretaries determine
to be necessary to enable such partnerships to implement School-to-
Work Opportunities programs.
(2) Restrictions._A local partnership_
(A) shall be eligible to receive only 1 grant under this
subsection; and
(B) shall not be eligible to receive a grant under this
subsection if such partnership is located in a State that_
(i) has been provided an implementation grant under
section 212; and
(ii) has received amounts from such grant for any
fiscal year after the 1st fiscal year under such grant.
(b) Grants to Local Partnerships in High Poverty Areas._
(1) In general._Subject to paragraphs (2) and (3), the
Secretaries shall, from amounts reserved under section 605(b)(3),
provide grants to local partnerships that are located in high
poverty areas in States in such amounts as the Secretaries
determine to be necessary to enable such partnerships to implement
School-to-Work Opportunities programs in such areas.
(2) Restriction._A local partnership shall be eligible to
receive only 1 grant under this subsection.
(3) Priority._In providing grants under paragraph (1), the
Secretaries shall give priority to local partnerships that have a
demonstrated effectiveness in the delivery of comprehensive
vocational preparation programs with successful rates in job
placement through cooperative activities among local educational
agencies, local businesses, labor organizations, and other
organizations.
(c) Period of Grant._The provision of payments under a grant under
subsection (a) or (b) shall not exceed 5 fiscal years and shall be
subject to the annual approval of the Secretaries and subject to the
availability of appropriations for the fiscal year involved to make the
payments.
SEC. 303. APPLICATION.
(a) In General._A local partnership that desires to receive a
Federal implementation grant under section 302 shall submit an
application to the Secretaries at such time and in such form as the
Secretaries may require. The local partnership shall submit the
application to the State for review and comment before submitting the
application to the Secretaries.
(b) Time Limit for State Review and Comment._
(1) In general._The State shall provide for review and comment
on the application under subsection (a) not later than 30 days
after the date on which the State receives the application from the
local partnership.
(2) Submission without state review and comment._If the State
does not provide review and comment within the 30-day time period
specified in paragraph (1), the local partnership may submit the
application to the Secretaries without first obtaining such review
and comment.
(c) Contents._The application described in subsection (a) shall
include a plan for local School-to-Work Opportunities programs that_
(1) describes the manner in which the local partnership will
meet the requirements of this Act;
(2) includes the comments of the State on the plan, if any;
(3) contains information that is consistent with the
information required to be submitted as part of a State plan in
accordance with paragraphs (5) through (17) and paragraph (23) of
section 213(d);
(4) designates a fiscal agent to receive and be accountable for
funds under this section; and
(5) provides such other information as the Secretaries may
require.
(d) Use of Funds for Review of Applications._The Secretaries may
use amounts reserved under section 605(b)(4) for the review of
applications submitted under subsection (a).
SEC. 304. USE OF AMOUNTS.
The Secretaries may not provide an implementation grant under
section 302 to a local partnership unless the partnership agrees that
it will use all amounts from such grant to carry out activities to
implement a School-to-Work Opportunities program, including the
activities described in section 215(b)(4).
SEC. 305. CONFORMITY WITH APPROVED STATE PLAN.
The Secretaries shall not provide a grant under section 302 to a
local partnership in a State that has an approved State plan unless the
Secretaries determine, after consultation with the State, that the plan
submitted by the partnership is in accordance with such approved State
plan.
SEC. 306. REPORTS.
The Secretaries may not provide an implementation grant under
section 302 to a local partnership unless the partnership agrees that
the local partnership will submit to the Secretaries such reports as
the Secretaries may reasonably require, relating to the use of amounts
from such grant, except that the Secretaries may not require more than
1 such report during any 3-month period.
SEC. 307. HIGH POVERTY AREA DEFINED.
For purposes of this title, the term ``high poverty area'' means an
urb
2000
an census tract, a contiguous group of urban census tracts, a block
number area in a nonmetropolitan county, a contiguous group of block
number areas in a nonmetropolitan county, or an Indian reservation (as
defined in section 403(9) of the Indian Child Protection and Family
Violence Prevention Act (25 U.S.C. 3202(9))), with a poverty rate of 20
percent or more among individuals who have not attained the age of 22,
as determined by the Bureau of the Census.
TITLE IV_NATIONAL PROGRAMS
SEC. 401. RESEARCH, DEMONSTRATION, AND OTHER PROJECTS.
(a) In General._The Secretaries shall conduct research and
development projects and establish a program of experimental and
demonstration projects, to further the purposes of this Act.
(b) Additional Use of Funds._The Secretaries may provide assistance
for programs or services authorized under any other provision of this
Act that are most appropriately administered at the national level and
that will operate in, or benefit, more than 1 State.
SEC. 402. PERFORMANCE OUTCOMES AND EVALUATION.
(a) In General._The Secretaries, in collaboration with the States,
shall by grant, contract, or otherwise, establish a system of
performance measures for assessing State and local programs regarding_
(1) progress in the development and implementation of State
plans described in section 213(d) that include the basic program
components described in sections 102, 103, and 104 and otherwise
meet the requirements of title I;
(2) participation in School-to-Work Opportunities programs by
employers, schools, students, and school dropouts, including
information on the gender, race, ethnicity, socioeconomic
background, limited-English proficiency, and disability of all
participants and whether the participants are academically talented
students;
(3) progress in developing and implementing strategies for
addressing the needs of students and school dropouts;
(4) progress in meeting the goals of the State to ensure
opportunities for young women to participate in School-to-Work
Opportunities programs, including participation in nontraditional
employment through such programs;
(5) outcomes for participating students and school dropouts, by
gender, race, ethnicity, socioeconomic background, limited-English
proficiency, and disability of the participants, and whether the
participants are academically talented students, including
information on_
(A) academic learning gains;
(B) staying in school and attaining_
(i) a high school diploma, or a general equivalency
diploma, or an alternative diploma or certificate for those
students with disabilities for whom such alternative
diploma or certificate is appropriate;
(ii) a skill certificate; and
(iii) a postsecondary degree;
(C) attainment of strong experience in and understanding of
all aspects of the industry the students are preparing to
enter;
(D) placement and retention in further education or
training, particularly in the career major of the student; and
(E) job placement, retention, and earnings, particularly in
the career major of the student; and
(6) the extent to which the program has met the needs of
employers.
(b) Evaluation._Not later than September 30, 1998, the Secretaries
shall complete a national evaluation of School-to-Work Opportunities
programs funded under this Act by grants, contracts, or otherwise, that
will track and assess the progress of implementation of State and local
programs and their effectiveness based on measures such as those
measures described in subsection (a).
(c) Reports to the Secretaries._
(1) In general._Each State shall prepare and submit to the
Secretaries periodic reports, at such intervals as the Secretaries
may determine, containing information regarding the matters
described in paragraphs (1) through (6) of subsection (a).
(2) Federal programs._Each State shall prepare and submit
reports to the Secretaries, at such intervals as the Secretaries
may determine, containing information on the extent to which
Federal programs that are in existence on the date of submission of
the report and that are implemented at the State or local level may
be duplicative, outdated, overly restrictive, or otherwise
counterproductive to the development of comprehensive statewide
School-to-Work Opportunities systems.
SEC. 403. TRAINING AND TECHNICAL ASSISTANCE.
(a) Purpose._The Secretaries shall work in cooperation with the
States, the individuals assigned under section 111(b)(1) of the Carl D.
Perkins Vocational and Applied Technology Education Act (20 U.S.C.
2321(b)(1)), employers and their associations, secondary schools and
postsecondary educational institutions, student and teacher
organizations, labor organizations, and community-based organizations,
to increase their capacity to develop and implement effective School-
to-Work Opportunities programs.
(b) Authorized Activities._The Secretaries shall provide, through
grants, contracts, or otherwise_
(1) training, technical assistance, and other activities that
will_
(A) enhance the skills, knowledge, and expertise of the
personnel involved in planning and implementing State and local
School-to-Work Opportunities programs, such as training of the
personnel to assist students; and
(B) improve the quality of services provided to individuals
served under this Act;
(2) assistance to States and local partnerships involved in
carrying out School-to-Work Opportunities programs in order to
integrate resources available under this Act with resources
available under other Federal, State, and local authorities;
(3) assistance to States and such local partnerships, including
local partnerships in rural communities with low population
densities or in urban areas, to recruit employers to provide the
work-based learning component, described in section 103, of School-
to-Work Opportunities programs; and
(4) assistance to States and local partnerships involved in
carrying out School-to-Work Opportunities programs to design and
implement school-sponsored enterprises.
SEC. 404. CAPACITY BUILDING AND INFORMATION AND DISSEMINATION
NETWORK.
The Secretaries, acting through such mechanisms as the Capacity
Building and Information and Dissemination Network established under
section 453(b) of the Job Training Partnership Act (29 U.S.C. 1733(b)),
the Educational Resources Information Center Clearinghouses referred to
in the Educational Research, Development, Dissemination, and
Improvement Act of 1994, and the National Network for Curriculum
Coordination in Vocational and Technical Education under section 402(c)
of the Carl D. Perkins Vocational and Applied Technology Education Act
(20 U.S.C. 2402(c)), shall_
(1) collect and disseminate information_
(A) on successful School-to-Work Opportunities programs and
innovative school- and work-based curricula;
(B) on research and evaluation conducted concerning school-
to-work activities;
(C) that will assist States and local partnerships in
undertaking labor market analysis, surveys, or other activities
related to economic development;
(D) on skill certificates, skill standards, and related
assessment technologies; and
(E) on methods for recruiting and building the capacity of
employers to provide work-based learning opportunities; and
(2) facilitate communication and the exchange of information
and ideas among States and local partnerships carrying out School-
to-Work Opportunities programs.
SEC. 405. REPORTS TO CONGRESS.
(a) In Genera
2000
l._Not later than 24 months after the date of the
enactment of this Act, and every 12 months thereafter, the Secretaries
shall prepare and submit a report to the Congress on all activities
carried out pursuant to this Act.
(b) Contents._The Secretaries shall, at a minimum, include in each
such report_
(1) information concerning the programs that receive assistance
under this Act;
(2) a summary of the information contained in the State and
local partnership reports submitted under titles II and III and
section 402(c); and
(3) information regarding the findings and actions taken as a
result of any evaluation conducted by the Secretaries.
SEC. 406. FUNDING.
The Secretaries shall use funds reserved under section 605(b)(4) to
carry out activities under this title.
TITLE V_WAIVER OF STATUTORY AND REGULATORY REQUIREMENTS
SEC. 501. STATE AND LOCAL PARTNERSHIP REQUESTS AND RESPONSIBILITIES
FOR WAIVERS.
(a) State Request for Waiver._A State may submit to the Secretaries
a request for a waiver of 1 or more requirements of the provisions of
law referred to in sections 502 and 503, or of the regulations issued
under such provisions, in order to carry out the statewide School-to-
Work Opportunities system established by such State under subtitle B of
title II. The State may submit the request as a part of the application
described in section 213 (or as an amendment to the application at any
time after submission of the application). Such request may include a
request for different waivers with respect to different areas within
the State.
(b) Local Partnership Request for Waiver._
(1) In general._A local partnership that seeks a waiver of such
a requirement shall submit an application for such waiver to the
State, and the State shall determine whether to submit a request
for a waiver to the Secretaries, as provided in subsection (a).
(2) Time limit._
(A) In general._The State shall make a determination to
submit or not submit the request for a waiver under paragraph
(1) not later than 30 days after the date on which the State
receives the application from the local partnership.
(B) Direct submission._
(i) In general._If the State does not make a
determination to submit or not submit the request within
the 30-day time period specified in subparagraph (A), the
local partnership may submit the application to the
Secretaries.
(ii) Requirements._In submitting such an application,
the local partnership shall obtain the agreement of the
State involved to comply with the requirements of section
502(a)(1)(C) or 503(a)(1)(C), as appropriate, and comply
with the other requirements of section 502 or 503, as
appropriate, and of subsections (c) and (d), that would
otherwise apply to a State submitting a request for a
waiver. In reviewing such an application, the Secretaries
shall comply with the requirements of such section and such
subsections that would otherwise apply to the Secretaries
with respect to review of such a request.
(c) Waiver Criteria._Any such request by the State shall meet the
criteria contained in section 502 or 503 and shall specify the
provisions or regulations referred to in such sections with respect to
which the State seeks a waiver.
(d) Support by Appropriate State Agencies._In requesting such a
waiver, the State shall provide evidence of support for the waiver
request by the State agencies or officials with jurisdiction over the
provisions or regulations that would be waived.
SEC. 502. WAIVER AUTHORITY OF SECRETARY OF EDUCATION.
(a) Waiver Authority._
(1) In general._Except as provided in subsection (c), the
Secretary of Education may waive any requirement under any
provision of law referred to in subsection (b), or of any
regulation issued under such provision, for a State that requests
such a waiver and has an approved State plan_
(A) if, and only to the extent that, the Secretary of
Education determines that such requirement impedes the ability
of the State or a local partnership to carry out the purposes
of this Act;
(B) if the State provides the Secretary of Education with
documentation of the necessity for the waiver, including
information concerning_
(i) the specific requirement that will be waived;
(ii) the specific positive outcomes expected from the
waiver and why those outcomes cannot be achieved while
complying with the requirement;
(iii) the process that will be used to monitor the
progress of the State or local partnership in implementing
the waiver; and
(iv) such other information as the Secretary of
Education may require;
(C) if the State waives, or agrees to waive, similar
requirements of State law; and
(D) if the State_
(i) has provided all local partnerships that carry out
programs under this Act, and local educational agencies
participating in such a local partnership, in the State
with notice and an opportunity to comment on the proposal
of the State to seek a waiver;
(ii) provides, to the extent feasible, to students,
parents, advocacy and civil rights groups, and labor and
business organizations an opportunity to comment on the
proposal of the State to seek a waiver; and
(iii) has submitted the comments of the local
partnerships and local educational agencies to the
Secretary of Education.
(2) Approval or disapproval._The Secretary of Education shall
promptly approve or disapprove any request submitted pursuant to
paragraph (1) and shall issue a decision that shall_
(A) include the reasons for approving or disapproving the
request, including a response to comments on the proposal; and
(B) in the case of a decision to approve the request, be
disseminated by the State seeking the waiver to interested
parties, including educators, parents, students, advocacy and
civil rights organizations, labor and business organizations,
and the public.
(3) Approval criteria._In approving a request under paragraph
(2), the Secretary of Education shall consider the amount of State
resources that will be used to implement the approved State plan.
(4) Term._Each waiver approved pursuant to this subsection
shall be for a period not to exceed 5 years, except that the
Secretary of Education may extend such period if the Secretary of
Education determines that the waiver has been effective in enabling
the State or local partnership to carry out the purposes of this
Act.
(b) Included Programs._The provisions subject to the waiver
authority of this section are_
(1) chapter 1 of title I of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 2701 et seq.), including the Even
Start programs carried out under part B of such chapter (20 U.S.C.
2741 et seq.);
(2) part A of chapter 2 of title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 2921 et seq.);
(3) part A of title II of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 2981 et seq.);
(4) part D of title IV of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 3121 et seq.);
(5) title V of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 3171 et seq.); and
(6) the Carl D. Perkins Vocational and Applied Technology
Education Act (20 U.S.C. 2301 et seq.).
(c) Waivers Not Authori
2000
zed._The Secretary of Education may not
waive any requirement of any provision referred to in subsection (b),
or of any regulation issued under such provision, relating to_
(1) the basic purposes or goals of such provision;
(2) maintenance of effort;
(3) comparability of services;
(4) the equitable participation of students attending private
schools;
(5) student and parental participation and involvement;
(6) the distribution of funds to State or local educational
agencies;
(7) the eligibility of an individual for participation in a
program under such provision;
(8) public health or safety, labor standards, civil rights,
occupational safety and health, or environmental protection; or
(9) prohibitions or restrictions relating to the construction
of buildings or facilities.
(d) Termination of Waivers._The Secretary of Education shall
periodically review the performance of any State, local partnership, or
local educational agency, for which the Secretary of Education has
granted a waiver under this section and shall terminate the waiver
under this section if the Secretary of Education determines that the
performance of the State, local partnership, or local educational
agency that is affected by the waiver has been inadequate to justify a
continuation of the waiver, or the State fails to waive similar
requirements of State law as required or agreed to in accordance with
subsection (a)(1)(C).
SEC. 503. WAIVER AUTHORITY OF SECRETARY OF LABOR.
(a) Waiver Authority._
(1) In general._Except as provided in subsection (b), the
Secretary of Labor may waive any requirement under any provision of
the Job Training Partnership Act (29 U.S.C. 1501 et seq.), or of
any regulation issued under such provision, for a State that
requests such a waiver and has an approved State plan_
(A) if, and only to the extent that, the Secretary of Labor
determines that such requirement impedes the ability of the
State or a local partnership to carry out the purposes of this
Act;
(B) if the State provides the Secretary of Labor with
documentation of the necessity for the waiver, including
information concerning_
(i) the specific requirement that will be waived;
(ii) the specific positive outcomes expected from the
waiver and why those outcomes cannot be achieved while
complying with the requirement;
(iii) the process that will be used to monitor the
progress of the State or local partnership in implementing
the waiver; and
(iv) such other information as the Secretary of Labor
may require;
(C) if the State waives, or agrees to waive, similar
requirements of State law; and
(D) if the State_
(i) has provided all local partnerships that carry out
programs under this Act in the State with notice and an
opportunity to comment on the proposal of the State to seek
a waiver;
(ii) provides, to the extent feasible, to students,
parents, advocacy and civil rights groups, and labor and
business organizations an opportunity to comment on the
proposal of the State to seek a waiver; and
(iii) has submitted the comments of the local
partnerships to the Secretary of Labor.
(2) Approval or disapproval._The Secretary of Labor shall
promptly approve or disapprove any request submitted pursuant to
paragraph (1) and shall issue a decision that shall_
(A) include the reasons for approving or disapproving the
request, including a response to comments on the proposal; and
(B) in the case of a decision to approve the request, be
disseminated by the State seeking the waiver to interested
parties, including educators, parents, students, advocacy and
civil rights organizations, labor and business organizations,
and the public.
(3) Approval criteria._In approving a request under paragraph
(2), the Secretary of Labor shall consider the amount of State
resources that will be used to implement the approved State plan.
(4) Term._Each waiver approved pursuant to this subsection
shall be for a period not to exceed 5 years, except that the
Secretary of Labor may extend such period if the Secretary of Labor
determines that the waiver has been effective in enabling the State
or local partnership to carry out the purposes of this Act.
(b) Waivers Not Authorized._The Secretary of Labor may not waive
any requirement under any provision of the Job Training Partnership Act
(29 U.S.C. 1501 et seq.), or of any regulation issued under such
provision, relating to_
(1) the basic purposes or goals of such provision;
(2) maintenance of effort;
(3) the distribution of funds;
(4) the eligibility of an individual for participation in a
program under such provision;
(5) public health or safety, labor standards, civil rights,
occupational safety and health, or environmental protection; or
(6) prohibitions or restrictions relating to the construction
of buildings or facilities.
(c) Termination of Waivers._The Secretary of Labor shall
periodically review the performance of any State or local partnership
for which the Secretary of Labor has granted a waiver under this
section and shall terminate the waiver under this section if the
Secretary of Labor determines that the performance of the State or
local partnership affected by the waiver has been inadequate to justify
a continuation of the waiver, or the State fails to waive similar
requirements of State law as required or agreed to in accordance with
subsection (a)(1)(C).
SEC. 504. COMBINATION OF FEDERAL FUNDS FOR HIGH POVERTY SCHOOLS.
(a) In General._
(1) Purposes._The purposes of this section are_
(A) to integrate activities under this Act with school-to-
work activities carried out under other Acts; and
(B) to maximize the effective use of resources.
(2) Combination of funds._To carry out such purposes, a local
partnership that receives assistance under title II or III may
carry out schoolwide school-to-work activities in schools that meet
the requirements of subparagraphs (A) and (B) of section 263(g)(1)
of the Job Training Partnership Act (29 U.S.C. 1643(g)(1) (A) and
(B)) with funds obtained by combining_
(A) Federal funds under this Act; and
(B) other Federal funds made available from among programs
under_
(i) the provisions of law listed in paragraphs (2)
through (6) of section 502(b); and
(ii) the Job Training Partnership Act (29 U.S.C. 1501
et seq.).
(b) Use of Funds._A local partnership may use the Federal funds
combined under subsection (a) under the requirements of this Act,
except that the provisions relating to the matters specified in
paragraphs (1) through (6) and paragraphs (8) and (9) of section
502(c), and paragraphs (1) through (3) and paragraphs (5) and (6) of
section 503(b), that relate to the program through which the funds
described in subsection (a)(2)(B) were made available, shall remain in
effect with respect to the use of such funds.
(c) Additional Information in Application._A local partnership
seeking to combine funds under subsection (a) shall include in the
application of the local partnership under title II or III_
(1) a description of the funds the local partnership proposes
to combine under the requirements of this Act;
(2) the activities to be carried out with such funds;
(3) the specific outcomes expected of participants in
schoolwide school-to-work activities; and
(4) such other information as t
2000
he State, or Secretaries, as the
case may be, may require.
(d) Provision of Information._The local partnership shall, to the
extent feasible, provide information on the proposed combination of
Federal funds under subsection (a) to educators, parents, students,
advocacy and civil rights organizations, labor and business
organizations, and the public.
SEC. 505. COMBINATION OF FEDERAL FUNDS BY STATES FOR SCHOOL-TO-WORK
ACTIVITIES.
(a) In General._
(1) Purposes._The purposes of this section are_
(A) to integrate activities under this Act with State
school-to-work activities carried out under other Acts; and
(B) to maximize the effective use of resources.
(2) Combination of funds._To carry out such purposes, a State
that has an approved State plan may carry out activities necessary
to develop and implement a statewide School-to-Work Opportunities
system with funds obtained by combining_
(A) Federal funds under this Act; and
(B) other Federal funds that are made available under_
(i) section 102(a)(3) of the Carl D. Perkins Vocational
Education and Applied Technology Education Act (20 U.S.C.
2312(a)(3));
(ii) section 202(c)(1)(C) or section 262(c)(1)(C) of
the Job Training Partnership Act (29 U.S.C. 1602(c)(1)(C)
or 1642(c)(1)(C));
(iii) section 202(c)(1)(B) of the Job Training
Partnership Act that would otherwise be available for the
purposes described in section 202(c)(3) of such Act; or
(iv) section 262(c)(1)(B) of the Job Training
Partnership Act that would otherwise be available for the
purposes described in section 262(c)(3) of such Act.
(b) Use of Funds._A State may use, under the requirements of this
Act, Federal funds that are made available to the State and combined
under subsection (a) to carry out school-to-work activities, except
that the provisions relating to the matters specified in section
502(c), and section 503(b), that relate to the program through which
the funds described in subsection (a)(2)(B) were made available, shall
remain in effect with respect to the use of such funds.
(c) Additional Information in Application._A State seeking to
combine funds under subsection (a) shall include in the application
described in section 213_
(1) a description of the funds the State proposes to combine
under the requirements of this Act;
(2) the activities to be carried out with such funds;
(3) the specific outcomes expected of participants in school-
to-work activities;
(4) formal evidence of support for the request by the State
agencies or officials with jurisdiction over the funds that would
be combined; and
(5) such other information as the Secretaries may require.
(d) Extension._The authority of a State to combine funds under this
section shall not exceed 5 years, except that the Secretaries may
extend such period if the Secretaries determine that an extension of
such authority would further the purposes of this Act.
(e) Limitation._Nothing in this section shall be construed to
relieve a State of an obligation to conduct the activities required
under section 201(b) of the Carl D. Perkins Vocational Education and
Applied Technology Education Act.
TITLE VI_GENERAL PROVISIONS
SEC. 601. REQUIREMENTS.
The following requirements shall apply to programs under this Act:
(1) Prohibition on displacement._No student participating in
such a program shall displace any currently employed worker
(including a partial displacement, such as a reduction in the hours
of nonovertime work, wages, or employment benefits).
(2) Prohibition on impairment of contracts._No such program
shall impair existing contracts for services or collective
bargaining agreements, and no such program that would be
inconsistent with the terms of a collective bargaining agreement
shall be undertaken without the written concurrence of the labor
organization and employer concerned.
(3) Prohibition on replacement._No student participating in
such a program shall be employed or fill a job_
(A) when any other individual is on temporary layoff, with
the clear possibility of recall, from the same or any
substantially equivalent job with the participating employer;
or
(B) when the employer has terminated the employment of any
regular employee or otherwise reduced the workforce of the
employer with the intention of filling the vacancy so created
with the student.
(4) Workplaces._Students participating in such programs shall
be provided with adequate and safe equipment and safe and healthful
workplaces in conformity with all health and safety requirements of
Federal, State, and local law.
(5) Effect on other laws._Nothing in this Act shall be
construed to modify or affect any Federal or State law prohibiting
discrimination on the basis of race, religion, color, ethnicity,
national origin, gender, age, or disability, or to modify or affect
any right to enforcement of this Act that may exist under other
Federal laws, except as expressly provided by this Act.
(6) Prohibition concerning wages._Funds appropriated under
authority of this Act shall not be expended for wages of students
or workplace mentors participating in such programs.
(7) Other requirements._The Secretaries shall establish such
other requirements as the Secretaries may determine to be
appropriate, in order to ensure that participants in programs under
this Act are afforded adequate supervision by skilled adult
workers, or to otherwise further the purposes of this Act.
SEC. 602. SANCTIONS.
(a) Termination or Suspension of Assistance._
(1) In general._The Secretaries may terminate or suspend any
financial assistance under this Act, in whole or in part, or not
make payments under a grant awarded under this Act, if the
Secretaries determine that a recipient has failed to meet any
requirements of this Act, including_
(A) reporting requirements under section 402(c);
(B) regulations under this Act; or
(C) requirements of an approved State plan.
(2) Notice and opportunity for hearing._If the Secretaries
terminate or suspend such financial assistance, or do not make such
payments under paragraph (1), with respect to a recipient, then the
Secretaries shall provide_
(A) prompt notice to such recipient; and
(B) the opportunity for a hearing to such recipient not
later than 30 days after the date on which such notice is
provided.
(b) Nondelegation._The Secretaries shall not delegate any of the
functions or authority specified in this section, other than to an
officer whose appointment is required to be made by and with the advice
and consent of the Senate.
SEC. 603. STATE AUTHORITY.
Nothing in this Act shall be construed to negate or supersede the
legal authority, under State law or other applicable law, of any State
agency, State entity, or State public official over programs that are
under the jurisdiction of the agency, entity, or official. Nothing in
this Act shall be construed to interfere with the authority of such
agency, entity, or official to enter into a contract under any
provision of law.
SEC. 604. PROHIBITION ON FEDERAL MANDATES, DIRECTION, AND CONTROL.
Nothing in this Act shall be construed to authorize an officer or
employee of the Federal Government to mandate, direct, or control a
State's, local educational agency's, or school's curriculum, program of
instruction, or allocation of State or local resources or mandate a
State or any subdivision thereof to spend any funds or incur any costs
not paid for under this Act
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SEC. 605. AUTHORIZATION OF APPROPRIATIONS.
(a) In General._There are authorized to be appropriated to the
Secretaries to carry out this Act $300,000,000 for fiscal year 1995 and
such sums as may be necessary for each of the fiscal years 1996 through
1999.
(b) Reservations._From amounts appropriated under subsection (a)
for any fiscal year, the Secretaries_
(1) shall reserve not more than \1/2\ of 1 percent of such
amounts for such fiscal year to provide grants under sections 202
and 212 to the jurisdictions described in section 202(b);
(2) shall reserve not more than \1/2\ of 1 percent of such
amounts for such fiscal year to provide grants under subtitle C of
title II to establish and carry out School-to-Work Opportunities
programs for Indian youths that involve Bureau funded schools (as
defined in section 1139(3) of the Education Amendments of 1978 (25
U.S.C. 2019(3)));
(3) shall reserve 10 percent of such amounts for such fiscal
year to provide grants under section 302(b) to local partnerships
located in high poverty areas, which reserved funds may be used in
conjunction with funds available under the Youth Fair Chance
Program set forth in part H of title IV of the Job Training
Partnership Act (29 U.S.C. 1782 et seq.); and
(4)(A) shall reserve 2.5 percent of such amounts for such
fiscal year to carry out section 404; and
(B) shall reserve not more than an additional 5 percent of such
amounts for such fiscal year to carry out other activities under
title IV, and activities under sections 214(d) and 303(d).
(c) Availability of Funds._Funds appropriated for any fiscal year
for programs authorized under this Act shall remain available until
expended.
TITLE VII_OTHER PROGRAMS
Subtitle A_Reauthorization of Job Training for the Homeless
Demonstration Program Under the Stewart B. McKinney Homeless Assistance
Act
SEC. 701. REAUTHORIZATION.
(a) In General._Section 739(a) of the Stewart B. McKinney Homeless
Assistance Act (42 U.S.C. 11449(a)) is amended by striking ``the
following amounts:'' and all that follows and inserting ``such sums as
may be necessary for each of the fiscal years 1994 and 1995.''.
(b) Conforming Amendment._Section 741 of the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C. 11450) is amended by striking
``1993'' and inserting ``1995''.
Subtitle B_Tech-Prep Programs
SEC. 711. TECH-PREP EDUCATION.
(a) Contents of Program._Section 344(b)(2) of the Tech-Prep
Education Act (20 U.S.C. 2394b(b)(2)) is amended by inserting ``or 4
years'' before ``of secondary school''.
(b) Special Consideration; Priority._Section 345(d)(2) of the Tech-
Prep Education Act (20 U.S.C. 2394c(d)(2)) is amended to read as
follows:
``(2) are developed in consultation with business, industry,
labor unions, and institutions of higher education that award
baccalaureate degrees; and''.
Subtitle C_Alaska Native Art and Culture
SEC. 721. SHORT TITLE.
This title may be cited as the ``Alaska Native Culture and Arts
Development Act''.
SEC. 722. ALASKA NATIVE ART AND CULTURE.
Part B of title XV of the Higher Education Amendments of 1986 (20
U.S.C. 4441 et seq.) is amended_
(1) in the part heading, to read as follows:
``Part B_Native Hawaiians and Alaska Natives'';
and
(2) in section 1521, to read as follows:
``SEC. 1521. PROGRAM FOR NATIVE HAWAIIAN AND ALASKA NATIVE CULTURE AND
ARTS DEVELOPMENT.
``(a) In General._The Secretary of the Interior is authorized to
make grants for the purpose of supporting programs for Native Hawaiian
or Alaska Native culture and arts development to any private, nonprofit
organization or institution which_
``(1) primarily serves and represents Native Hawaiians or
Alaska Natives, and
``(2) has been recognized by the Governor of the State of
Hawaii or the Governor of the State of Alaska, as appropriate, for
the purpose of making such organization or institution eligible to
receive such grants.
``(b) Purpose of Grants._Grants made under subsection (a) shall, to
the extent deemed possible by the Secretary and the recipient of the
grant, be used_
``(1) to provide scholarly study of, and instruction in, Native
Hawaiian or Alaska Native art and culture,
``(2) to establish programs which culminate in the awarding of
degrees in the various fields of Native Hawaiian or Alaska Native
art and culture, or
``(3) to establish centers and programs with respect to Native
Hawaiian or Alaska Native art and culture that are similar in
purpose to the centers and programs described in subsections (b)
and (c) of section 1510.
``(c) Management of Grants._
``(1) Any organization or institution which is the recipient of
a grant made under subsection (a) shall establish a governing board
to manage and control the program with respect to which such grant
is made.
``(2) For any grants made with respect to Native Hawaiian art
and culture, the members of the governing board which is required
to be established under paragraph (1) shall_
``(A) be Native Hawaiians or individuals widely recognized
in the field of Native Hawaiian art and culture,
``(B) include a representative of the Office of Hawaiian
Affairs of the State of Hawaii,
``(C) include the president of the University of Hawaii,
``(D) include the president of the Bishop Museum, and
``(E) serve for a fixed term of office.
``(3) For any grants made with respect to Alaska Native art and
culture, the members of the governing board which is required to be
established under paragraph (1) shall_
``(A) include Alaska Natives and individuals widely
recognized in the field of Alaska Native art and culture,
``(B) represent the Eskimo, Indian and Aleut cultures of
Alaska, and
``(C) serve for a fixed term.''.
Subtitle D_Job Training
SEC. 731. AMENDMENT TO JOB TRAINING PARTNERSHIP ACT TO PROVIDE
ALLOWANCES FOR CHILD CARE COSTS TO CERTAIN INDIVIDUALS
PARTICIPATING IN THE JOB CORPS.
Section 429 of the Job Training Partnership Act (29 U.S.C. 1699) is
amended by adding at the end the following new subsection:
``(e) In addition to child care assistance provided under section
428(e), the Secretary shall provide enrollees who otherwise could not
participate in the Job Corps with allowances to pay for child care
costs, such as food, clothing, and health care for the child.
Allowances under this subsection may only be provided during the first
2 months of an enrollee's participation in the program and shall be in
an amount that does not exceed the maximum amount that may be provided
by the State pursuant to section 402(g)(1)(C) of the Social Security
Act (42 U.S.C. 602(g)(1)(C)).''.
TITLE VIII_TECHNICAL PROVISIONS
SEC. 801. EFFECTIVE DATE.
This Act shall take effect on the date of enactment of this Act.
SEC. 802. SUNSET.
The authority provided by this Act shall terminate on October 1,
2001.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
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