By: Ellis S.B. No. 1528
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the establishment of the school-to-work component of
1-2 the state's workforce development system and to the creation of the
1-3 Texas Skill Standards Board.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 83, Revised Statutes, is amended by adding
1-6 Article 5190.8 to read as follows:
1-7 Art. 5190.8. SCHOOL-TO-WORK TRANSITION
1-8 Sec. 1. SHORT TITLE. This article may be cited as the Texas
1-9 School-to-Work Act.
1-10 Sec. 2. FINDINGS. The legislature finds that:
1-11 (1) the economic future of this state and the
1-12 prosperity of its citizens depend on the ability of the employers
1-13 of this state to compete effectively in the world economy;
1-14 (2) unemployment among youths and young adults,
1-15 especially among those who do not possess baccalaureate degrees, is
1-16 intolerably high and the earnings of those individuals have been
1-17 falling relative to individuals with more education;
1-18 (3) the workplace in this state is changing in
1-19 response to national and international competition and changing
1-20 technologies and those changes are reducing the demand for and
1-21 wages paid to unskilled labor;
1-22 (4) this state does not have a comprehensive and
1-23 coherent system to assist youth who are not destined to graduate
2-1 from college in acquiring the skills, knowledge, abilities, and
2-2 information necessary to make an effective transition from school
2-3 to work;
2-4 (5) workforce education and training efforts have too
2-5 often occurred in isolation from the state labor market and
2-6 employers' needs for skilled and productive workers;
2-7 (6) many students can achieve high academic and
2-8 occupational standards, and many learn better and retain more, when
2-9 the students learn in context rather than in the abstract;
2-10 (7) the work-based learning approach, modeled after
2-11 the time-honored apprenticeship concept, integrates theoretical
2-12 instruction with structured on-the-job training and can be very
2-13 effective in engaging student interest, enhancing skill
2-14 acquisition, developing positive work attitudes, and preparing
2-15 youths and young adults for high-skill, high-wage careers; and
2-16 (8) the use of that work-based learning approach will
2-17 provide the businesses of this state with the skilled workers they
2-18 need to be globally competitive.
2-19 Sec. 3. PURPOSE. The purpose of this article is to:
2-20 (1) establish a state-local framework for planning,
2-21 operating, and evaluating school-to-work services that:
2-22 (A) provides employers with the skilled
2-23 workforce necessary to successfully compete in the global economy;
2-24 (B) is compatible with comprehensive reform of
2-25 the state's public education system;
3-1 (C) is integrated with the state's workforce
3-2 development system; and
3-3 (D) offers opportunities for each student to
3-4 participate in a competency-based education and training program
3-5 that will:
3-6 (i) increase the student's opportunities
3-7 for further education, both at community and technical colleges
3-8 and at four-year colleges and universities;
3-9 (ii) enable the student to earn portable
3-10 credentials;
3-11 (iii) prepare the student for an
3-12 entry-level job in a high-skill, high-wage career; and
3-13 (iv) increase the student's prospects for
3-14 productive employment and earnings;
3-15 (2) facilitate the creation of a universal,
3-16 high-quality school-to-work transition component that enables
3-17 youths in this state to identify and follow paths to productive and
3-18 progressively more rewarding employment in the workplace;
3-19 (3) use workplaces as active learning environments in
3-20 the educational process by making employers joint partners with
3-21 educators by providing opportunities for all students to
3-22 participate in high-quality, work-based learning experiences;
3-23 (4) authorize the use of funds under this article and
3-24 federal funds under the federal School-to-Work Opportunities Act of
3-25 1994 (20 U.S.C. Section 6101 et seq.) as venture capital to be used
4-1 to underwrite the initial costs of planning and establishing a
4-2 state-local school-to-work component that will be maintained with
4-3 other federal, state, and local resources;
4-4 (5) promote the formation of local partnerships among
4-5 local employers, primary and secondary schools, and postsecondary
4-6 educational institutions as an investment in future workplace
4-7 productivity and competitiveness;
4-8 (6) help all students attain high academic and
4-9 occupational standards;
4-10 (7) build on and advance a range of promising
4-11 school-to-work activities, such as tech-prep education, career
4-12 academies, school-to-apprenticeship programs, cooperative
4-13 education, school-sponsored enterprises, business-education
4-14 compacts, and promising strategies that assist school dropouts,
4-15 that can be developed as part of the school-to-work component
4-16 funded under this Act;
4-17 (8) improve the knowledge and skills of youths by
4-18 integrating academic and occupational learning, integrating
4-19 school-based and work-based learning, and building effective
4-20 linkages between secondary and postsecondary education;
4-21 (9) motivate all youths, including low-achieving
4-22 youths, school dropouts, and youths with disabilities, to stay in
4-23 or return to school or a classroom setting and to strive to
4-24 succeed, by providing enriched learning experiences and assistance
4-25 in obtaining good jobs and continuing their education in
5-1 postsecondary educational institutions; and
5-2 (10) increase opportunities for minorities, women, and
5-3 individuals with disabilities by enabling individuals to prepare
5-4 for careers that are not traditional for their race, gender, or
5-5 disability.
5-6 Sec. 4. DEFINITIONS. In this Act:
5-7 (1) "Assessment" means the formal process by which a
5-8 student demonstrates mastery of academic and occupational
5-9 competencies in order to meet educational objectives and industry
5-10 skill standards expected of a school-to-work learning sequence.
5-11 (2) "Commissioner" means the commissioner or governing
5-12 body of the department, as appropriate.
5-13 (3) "Council" means the Council on Workforce and
5-14 Economic Competitiveness.
5-15 (4) "Department" means the state agency charged by the
5-16 legislature with the administration of workforce development in
5-17 this state.
5-18 (5) "Industry skill standard" means a specification of
5-19 certain occupational competencies that:
5-20 (A) are recognized as having competitive value
5-21 in an industry or industrial sector; and
5-22 (B) clearly describe the qualifications and
5-23 knowledge that entry-level workers must possess to perform
5-24 successfully within a high-skill occupation or occupational area.
5-25 (6) "Integrated learning" means the process that
6-1 connects academic instruction with occupational education,
6-2 work-based learning, and work experience.
6-3 (7) "Local workforce development area" has the meaning
6-4 assigned by Section 3.01, Workforce and Economic Competitiveness
6-5 Act (Article 5190.7a, Vernon's Texas Civil Statutes).
6-6 (8) "Local workforce development board" means a local
6-7 board authorized under Section 4.01, Workforce and Economic
6-8 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
6-9 Statutes).
6-10 (9) "Occupational credential" means a certificate that
6-11 is awarded to a student or trainee as the result of a satisfactory
6-12 assessment.
6-13 (10) "Registered apprenticeship" means an
6-14 apprenticeship program that is registered with the Bureau of
6-15 Apprenticeship and Training of the United States Department of
6-16 Labor.
6-17 (11) "Structured work-based learning" means that
6-18 portion of a school-to-work component that uses the workplace as a
6-19 learning environment and consists of a planned sequence of
6-20 increasingly challenging job assignments, worksite instruction, and
6-21 formal on-the-job training.
6-22 Sec. 5. COMPONENTS OF SCHOOL-TO-WORK COMPONENT. (a) In
6-23 this section, "school-to-work" means a structured program of study
6-24 that combines secondary and postsecondary academic and occupational
6-25 or technical instruction with structured work-based learning
7-1 designed to lead to employment in entry-level jobs in designated
7-2 occupational clusters.
7-3 (b) The school-to-work component is composed of three main
7-4 elements. Those elements are school-based learning, work-based
7-5 learning, and activities that connect school-based learning to
7-6 work-based learning.
7-7 (c) School-based learning is composed of:
7-8 (1) a system of organized career development for all
7-9 students, beginning with career awareness in elementary school,
7-10 that includes career options and career exploration and
7-11 decision-making activities designed to allow each student to
7-12 develop and update a career plan;
7-13 (2) selection of a career major or coherent sequence
7-14 of courses that:
7-15 (A) prepares a student for entry-level
7-16 employment in a broad occupational cluster or industrial sector or
7-17 for further education; and
7-18 (B) consists of at least two years of secondary
7-19 education and at least one year of postsecondary education or
7-20 training;
7-21 (3) a school-site mentor who serves as an advocate for
7-22 the student, designs the school-to-work sequence, and monitors the
7-23 student's progress;
7-24 (4) the same high academic content standards
7-25 established for all students in core subjects, presented in a
8-1 manner that helps students develop high skills in reading, writing,
8-2 reasoning, information retrieval, problem solving, listening,
8-3 speaking, critical thinking, computer literacy, and working
8-4 effectively both alone and in a group; and
8-5 (5) integration of academic and career or technical
8-6 curricula that:
8-7 (A) provide instruction in all aspects of the
8-8 industry related to the student's career major; and
8-9 (B) are taught using applied methodologies,
8-10 interdisciplinary teaching, and team teaching strategies.
8-11 (d) Work-based learning is composed of:
8-12 (1) a structured, planned sequence of on-the-job
8-13 experiences at the worksite that is designed to lead to mastery of
8-14 progressively higher skill levels and is integrated with the
8-15 student's school-based learning and related to the student's career
8-16 major;
8-17 (2) a workplace mentor who possesses the skills and
8-18 knowledge to be mastered by the student; and
8-19 (3) instruction in general workplace competencies such
8-20 as teamwork, problem solving, and decision making, and in all
8-21 aspects of the industry in which the student is being trained.
8-22 (e) Connecting activities include:
8-23 (1) a process for matching students with appropriate
8-24 work-based learning opportunities;
8-25 (2) a school-site mentor to act as a liaison between
9-1 the student, the employer, the workplace mentor, educators,
9-2 parents, and the community;
9-3 (3) technical assistance and training for employers,
9-4 teachers, mentors, and counselors;
9-5 (4) job placement, advanced training, and education
9-6 assistance to all students completing the program;
9-7 (5) a system for linking participants with community
9-8 services that may be necessary to ensure a successful transition
9-9 from school to work;
9-10 (6) follow-up on the employment and income outcomes of
9-11 students who participate in the system; and
9-12 (7) a system for linking school-to-work activities
9-13 with employer and industry strategies for upgrading the skills of
9-14 their workers.
9-15 Sec. 6. STATE RESPONSIBILITIES. (a) The council is
9-16 responsible for strategic planning, oversight, and evaluation of
9-17 the school-to-work component. In addition, the council shall:
9-18 (1) advise the department, the Texas Higher Education
9-19 Coordinating Board, the Central Education Agency, the Texas
9-20 Employment Commission, the Texas Department of Commerce, and other
9-21 participating state agencies regarding the administration and
9-22 implementation of the school-to-work component;
9-23 (2) evaluate the usefulness of the state's labor
9-24 market information system to employers, students, workers, and
9-25 state and local planning organizations involved in the
10-1 school-to-work system;
10-2 (3) develop coherent, integrated databases and
10-3 information systems to support students, clients, and employers for
10-4 full participation in seamless transitions for education, work, and
10-5 career pursuits and economic success for this state; and
10-6 (4) submit a report to the legislature not later than
10-7 November 30 of each even-numbered year evaluating the performance
10-8 of the school-to-work system and making recommendations for system
10-9 improvements.
10-10 (b) The department is responsible for administering the
10-11 school-to-work component as a part of the state's comprehensive
10-12 workforce development system. This responsibility shall be carried
10-13 out in close cooperation with the Texas Higher Education
10-14 Coordinating Board, the Central Education Agency, the Texas
10-15 Employment Commission, the Texas Department of Commerce, the Texas
10-16 Department of Human Services, the Texas Rehabilitation Commission,
10-17 and other participating state agencies as appropriate.
10-18 (c) The commissioner shall:
10-19 (1) recommend ways to meet the short-term and
10-20 long-term financial requirements for implementation of the
10-21 school-to-work component;
10-22 (2) conduct a statewide campaign to build consensus
10-23 around a common vision for school-to-work transition throughout the
10-24 state;
10-25 (3) develop collaborative plans to combine and use
11-1 both existing and newly developed public and private resources to
11-2 implement and support the school-to-work component; and
11-3 (4) encourage the development of partnerships among
11-4 representatives from business, labor, and education at the local
11-5 level to provide leadership, collaborative planning, and
11-6 information.
11-7 (d) In conjunction with the commissioner of higher education
11-8 and the commissioner of education, the commissioner shall:
11-9 (1) provide technical assistance to secondary and
11-10 postsecondary schools, employers, and local workforce development
11-11 boards relating to the design and operation of school-to-work
11-12 services;
11-13 (2) support the modification of curricula to promote
11-14 competencies identified by employers that students should attain;
11-15 (3) provide in-service training and professional
11-16 development of school-site mentors and other career guidance staff;
11-17 (4) develop career major frameworks and encourage
11-18 local partnerships with business, industry, and labor to adopt
11-19 career majors;
11-20 (5) develop a comprehensive career development system
11-21 based on the National Career Development guidelines to enable each
11-22 student to develop and continuously update a career plan; and
11-23 (6) study and recommend methods for the use of
11-24 performance-based assessments to measure skill attainment.
11-25 (e) The Central Education Agency shall:
12-1 (1) modify the academic excellence indicators to
12-2 reflect the inclusion of the school-to-work component; and
12-3 (2) include industry-based internships and experiences
12-4 as an allowable staff development activity.
12-5 Sec. 7. LOCAL RESPONSIBILITIES. (a) The school-to-work
12-6 component shall be implemented in a local labor market area as
12-7 defined by the boundaries designated as a local workforce
12-8 development area.
12-9 (b) Each local workforce development board is responsible
12-10 for:
12-11 (1) strategic planning, oversight, and evaluation of
12-12 the school-to-work component in the board's area as part of its
12-13 overall responsibility for workforce development; and
12-14 (2) supporting the development of industry-based
12-15 steering committees in which employers have primary responsibility
12-16 for the development, validation, and modification of skill
12-17 standards for each of the occupational areas targeted for all
12-18 workforce education and training, including school-to-work.
12-19 (c) An industry-based steering committee shall:
12-20 (1) validate or enhance existing standards to
12-21 accommodate the needs of local employers;
12-22 (2) develop a skill standards and certification system
12-23 in occupational areas targeted for training in which national or
12-24 state standards do not exist;
12-25 (3) set specifications for curriculum development
13-1 activities;
13-2 (4) monitor education and training activities;
13-3 (5) provide work-based learning opportunities for
13-4 youth;
13-5 (6) provide for the assessment of skills attainment of
13-6 individuals; and
13-7 (7) provide employment opportunities for those
13-8 successfully completing training and meeting industry standards.
13-9 (d) Each local workforce development board shall provide
13-10 logistical and technical support to the industry-based steering
13-11 committees.
13-12 (e) In an area not designated as a workforce development
13-13 area or in which a workforce development board has not been formed,
13-14 the school-to-work responsibilities shall be implemented by an
13-15 informal local partnership that includes representatives of
13-16 employers, workers, local public secondary and postsecondary
13-17 educational institutions, community-based organizations, and
13-18 students. A local partnership may also include representatives of
13-19 the following groups:
13-20 (1) employer organizations;
13-21 (2) community-based organizations;
13-22 (3) national trade associations working at the local
13-23 level;
13-24 (4) industrial extension centers;
13-25 (5) rehabilitation agencies or organizations;
14-1 (6) registered apprenticeship agencies;
14-2 (7) proprietary institutions of higher education;
14-3 (8) local government agencies;
14-4 (9) parent organizations;
14-5 (10) teacher organizations;
14-6 (11) vocational student organizations;
14-7 (12) private industry councils; and
14-8 (13) federally recognized Indian tribes and Indian
14-9 organizations.
14-10 (f) Each local partnership shall designate one of its
14-11 members as the grant recipient and administrative entity
14-12 responsible and accountable for all school-to-work funds available
14-13 for the area.
14-14 (g) A local partnership shall perform the school-to-work
14-15 responsibilities until a local workforce development board is
14-16 formed. After creation of a board, the board may retain the local
14-17 partnership as a technical advisory committee for school-to-work
14-18 activities.
14-19 Sec. 8. TEXAS SKILL STANDARDS BOARD. (a) The Texas Skill
14-20 Standards Board is created as an advisory board to the governor for
14-21 the development of a state-level skill standards and certification
14-22 system for all education and training, including school-to-work.
14-23 (b) The skill standards board is composed of 11 members
14-24 appointed by and serving at the pleasure of the governor, as
14-25 follows:
15-1 (1) seven members representing business, two of whom
15-2 must be from business entities with fewer than 50 employees;
15-3 (2) two members representing labor; and
15-4 (3) one member each from secondary and postsecondary
15-5 education.
15-6 (c) The governor shall appoint the presiding officer from
15-7 the members representing business.
15-8 (d) The skill standards board shall:
15-9 (1) validate nationally established skill standards to
15-10 guide curriculum development, training, and assessment and
15-11 certification of workforce skills;
15-12 (2) convene industry groups to develop skill standards
15-13 and certification procedures in industries and occupations in which
15-14 national standards have not been established or adopted; and
15-15 (3) review standards developed by other states and
15-16 nations and enter into agreements for mutual recognition of
15-17 credentials to enhance portability of skills.
15-18 (e) The skill standards board shall meet at the call of the
15-19 presiding officer as necessary to implement its duties under this
15-20 Act.
15-21 (f) A member of the skill standards board is not entitled to
15-22 compensation but is entitled to reimbursement for reasonable and
15-23 necessary expenses incurred in performing duties under this Act,
15-24 subject to any limitation in the General Appropriations Act.
15-25 (g) The council shall provide staff support for the skill
16-1 standards board.
16-2 (h) The skill standards board shall report to the governor
16-3 periodically and shall provide annual reports to the governor and
16-4 the legislature.
16-5 Sec. 9. OCCUPATIONAL CREDENTIALING. In occupational areas
16-6 in which skill standards have been established, occupational
16-7 credentials shall be granted under a process approved by the
16-8 appropriate industry group.
16-9 Sec. 10. APPLICATION OF OTHER LAWS. A state or federal law
16-10 relating to the safety, health, and well-being of workers applies
16-11 to a student participating in school-to-work programs.
16-12 Sec. 11. EFFECT ON OTHER WORKERS. The employment of youth
16-13 in school-to-work programs may not displace or cause any reduction
16-14 in the hours of non-overtime work, wages, or employment benefits of
16-15 any currently employed worker.
16-16 Sec. 12. LABOR MARKET INFORMATION. The state occupational
16-17 information coordinating committee shall collect labor market
16-18 information to assist in the identification of industries and
16-19 occupational clusters that are characterized by high growth, upward
16-20 mobility, high wages, and strong technical skills and are focused
16-21 on high performance and diversity and investment in skill
16-22 development.
16-23 Sec. 13. DUTIES OF EDUCATIONAL AGENCIES. (a) The
16-24 commissioner of education and the commissioner of higher education
16-25 shall develop and implement a plan for the preparation,
17-1 certification, and recertification of teachers and workplace
17-2 instructors who are proficient in developing curricula for and
17-3 teaching in integrated learning school-to-work programs.
17-4 (b) A school district may use state funds to fund
17-5 school-to-work initiatives and programs.
17-6 (c) The Central Education Agency shall ensure that a
17-7 student's decision to enter into a school-to-work agreement will
17-8 not affect the student's status with regard to fulfilling all
17-9 prerequisites for graduation from high school and for eligibility
17-10 to enroll in postsecondary degree programs in this state.
17-11 (d) The Texas Higher Education Coordinating Board shall
17-12 develop and implement a plan that provides for the award of credit
17-13 or advanced standing in two-year and four-year postsecondary degree
17-14 programs for graduates of school-to-work learning programs.
17-15 Sec. 14. STUDY; REPORT. (a) The department, Central
17-16 Education Agency, Texas Higher Education Coordinating Board, Texas
17-17 Workers' Compensation Commission, and Texas Department of Insurance
17-18 shall conduct jointly a study of workplace liability issues
17-19 affecting the school-to-work system.
17-20 (b) The agencies participating in the study under Subsection
17-21 (a) of this section shall provide a report and recommendations for
17-22 the resolution of liability problems identified by the study to the
17-23 governor and legislature not later than November 1, 1996.
17-24 (c) The commissioner of education, in conjunction with the
17-25 commissioner of higher education and the commissioner, shall study
18-1 and recommend to the governor and legislature, not later than
18-2 September 1, 1996, ways to incorporate the elements of the
18-3 school-to-work component into the curriculum of primary and
18-4 secondary public schools and postsecondary institutions in the
18-5 state and shall periodically inform the legislature on the progress
18-6 of local partnerships in the implementation of the school-to-work
18-7 component and the needs for staff development to implement the
18-8 system.
18-9 Sec. 15. AGREEMENT. The department may enter into an
18-10 agreement with any private, not-for-profit, quasi-governmental
18-11 organization or industry group that has statewide jurisdiction to
18-12 administer assessments to determine if a student has mastered the
18-13 academic and occupational competencies necessary for the award of
18-14 an occupational credential.
18-15 SECTION 2. Subsection (a), Section 4.02, Workforce and
18-16 Economic Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
18-17 Statutes), is amended to read as follows:
18-18 (a) A local workforce development board is appointed by the
18-19 chief elected officials consistent with the local government
18-20 agreement and applicable federal and state laws. Board members
18-21 serve fixed and staggered terms as provided by the agreement or
18-22 applicable federal or state laws and may continue to serve until
18-23 successors are appointed. Board membership shall reflect the
18-24 ethnic and geographic diversity of the workforce development area.
18-25 A board shall include a member who is a student in an educational
19-1 institution of this state, and other members <is composed> as
19-2 follows:
19-3 (1) representatives of the private sector, who shall
19-4 constitute a majority of the membership of the board and who are
19-5 owners of business concerns, chief executives or chief operating
19-6 officers of nongovernmental employers, or other private sector
19-7 executives who have substantial management or policy
19-8 responsibilities;
19-9 (2) representatives of organized labor and
19-10 community-based organizations, who shall constitute not less than
19-11 15 percent of the membership of the board; and
19-12 (3) representatives of each of the following:
19-13 (A) educational agencies, including secondary
19-14 and postsecondary practitioners representing vocational education,
19-15 that are representative of all educational agencies in the service
19-16 delivery area;
19-17 (B) vocational rehabilitation agencies;
19-18 (C) public assistance agencies;
19-19 (D) economic development agencies;
19-20 (E) the public employment service;
19-21 (F) local literacy councils; and
19-22 (G) adult basic and continuing education
19-23 organizations.
19-24 SECTION 3. If the 74th Legislature, Regular Session, 1995,
19-25 does not enact legislation to establish a separate state workforce
20-1 development agency, the responsibilities <