By: Ellis S.B. No. 1528
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the establishment of a school-to-work component of the
1-2 state's workforce development system.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. SHORT TITLE. This Act may be cited as the Texas
1-5 School-to-Work Act.
1-6 SECTION 2. FINDINGS. The legislature finds that:
1-7 (1) the economic future of this state and the
1-8 prosperity of its citizens depend upon the ability of Texas
1-9 employers to compete effectively in the world economy;
1-10 (2) unemployment among youths and young adults,
1-11 especially those who do not possess baccalaureate degrees, is
1-12 intolerably high and earnings of these individuals have been
1-13 falling relative to individuals with more education;
1-14 (3) the workplace in Texas is changing in response to
1-15 national and international competition and changing technologies
1-16 and this is reducing the demand for and wages paid to unskilled
1-17 labor;
1-18 (4) Texas does not have a comprehensive and coherent
1-19 system to assist youth who are not destined to graduate from
1-20 college to acquire the skills, knowledge, abilities, and
1-21 information necessary to make an effective transition from school
1-22 to work;
1-23 (5) Workforce education and training efforts have too
2-1 often occurred in isolation from the Texas labor market and
2-2 employer's needs for skilled and productive workers;
2-3 (6) many students can achieve high academic and
2-4 occupational standards, and many learn better and retain more, when
2-5 the students learn in context rather than in the abstract;
2-6 (7) the work-based learning approach, modeled after
2-7 the time-honored apprenticeship concept, integrates theoretical
2-8 instruction with structured on-the-job training, and this approach
2-9 can be very effective in engaging student interest, enhancing skill
2-10 acquisition, developing positive work attitudes, and preparing
2-11 youths and young adults for high-skill, high-wage careers.
2-12 (8) such an approach will provide businesses of this
2-13 state with the skilled workers they need to be globally
2-14 competitive.
2-15 SECTION 3. PURPOSE. The purposes of this Act are:
2-16 (1) to establish a state-local framework for planning,
2-17 operating and evaluating school-to-work services that:
2-18 (A) provides employers with the skilled
2-19 workforce necessary to successfully compete in the global economy;
2-20 (B) is compatible with comprehensive reform of
2-21 the state's public education system;
2-22 (C) is integrated with the state's workforce
2-23 development system; and
2-24 (D) offers opportunities for all students to
2-25 participate in a competency-based education and training program
3-1 that will:
3-2 (i) enable the students to earn portable
3-3 credentials;
3-4 (ii) prepare the students for entry-level
3-5 jobs in high-skill, high-wage careers;
3-6 (iii) increase their opportunities for
3-7 further education, both at community and technical colleges and at
3-8 four-year colleges and universities; and
3-9 (iv) increase their prospects for
3-10 productive employment and earnings.
3-11 (2) to facilitate the creation of a universal,
3-12 high-quality school-to-work transition component that enables
3-13 youths in Texas to identify and navigate paths to productive and
3-14 progressively more rewarding employment in the workplace;
3-15 (3) to utilize workplaces as active learning
3-16 environments in the educational process by making employers joint
3-17 partners with educators by providing opportunities for all students
3-18 to participate in high-quality, work-based learning experiences;
3-19 (4) to enable the use of funds under this Act and
3-20 federal funds under the federal School-to-Work Opportunities Act of
3-21 1994 as venture capital, to underwrite the initial costs of
3-22 planning and establishing a state-local school-to-work component
3-23 that will be maintained with other federal, state, and local
3-24 resources;
3-25 (5) to promote the formation of local partnerships
4-1 among local employers, primary and secondary schools, and
4-2 postsecondary educational institutions as an investment in future
4-3 workplace productivity and competitiveness;
4-4 (6) to help all students attain high academic and
4-5 occupational standards;
4-6 (7) to build on and advance a range of promising
4-7 school-to-work activities, such as tech-prep education, career
4-8 academies, school-to-apprenticeship programs, cooperative
4-9 education, school-sponsored enterprises, business-education
4-10 compacts, and promising strategies that assist school dropouts,
4-11 that can be developed into programs funded under this Act;
4-12 (8) to improve the knowledge and skills of youths by
4-13 integrating academic and occupational learning, integrating
4-14 school-based and work-based learning, and building effective
4-15 linkages between secondary and postsecondary education;
4-16 (9) to motivate all youths, including low-achieving
4-17 youths, school dropouts, and youths with disabilities, to stay in
4-18 or return to school or a classroom setting and strive to succeed,
4-19 by providing enriched learning experiences and assistance in
4-20 obtaining good jobs and continuing their education in postsecondary
4-21 educational institutions;
4-22 (10) to increase opportunities for minorities, women,
4-23 and individuals with disabilities, by enabling individuals to
4-24 prepare for careers that are not traditional for their race,
4-25 gender, or disability.
5-1 SECTION 4. DEFINITIONS. In this Act:
5-2 (1) "Assessment" means the formal process by which a
5-3 student demonstrates mastery of academic and occupational
5-4 competencies in order to meet educational objectives and industry
5-5 skill standards expected of a school-to-work learning sequence.
5-6 (2) "Department" means the Texas Workforce Development
5-7 Department.
5-8 (3) "Commissioner" means the Commissioner of Workforce
5-9 Development.
5-10 (4) "Council" means the Council on Workforce and
5-11 Economic Competitiveness.
5-12 (5) "Industry skill standard" means a specification of
5-13 occupational competencies that are recognized as having competitive
5-14 value in an industry or industrial sector and which clearly
5-15 describe the qualifications and knowledge that entry-level workers
5-16 must possess to perform successfully within a high-skill occupation
5-17 or occupational area.
5-18 (6) "Integrated learning" means the process that
5-19 connects academic instruction with occupational education,
5-20 work-based learning and work experience.
5-21 (7) "Local workforce development areas" mean those
5-22 substate areas as designated by the Governor under Section 3.01,
5-23 Workforce and Economic Competitiveness Act (Article 5190.7a,
5-24 Vernon's Texas Civil Statutes).
5-25 (8) "Local workforce development board" means the
6-1 local board authorized under Section 4.01, Workforce and Economic
6-2 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
6-3 Statutes).
6-4 (9) "Occupational credential" means a certificate that
6-5 is awarded to a student or trainee as the result of a satisfactory
6-6 assessment.
6-7 (10) "Registered apprenticeship" means an
6-8 apprenticeship program that is registered with the Bureau of
6-9 Apprenticeship and Training, U.S. Department of Labor.
6-10 (11) "Structured work-based learning" means the
6-11 portion of a school-to-work component that uses the workplace as a
6-12 learning environment and consists of a planned sequence of
6-13 increasingly challenging job assignments, worksite instruction, and
6-14 formal on-the-job training.
6-15 SECTION 5. COMPONENTS OF SCHOOL-TO-WORK TRANSITION.
6-16 School-to-work refers to a structured program of study that
6-17 combines secondary and postsecondary academic and
6-18 occupational/technical instruction with structured work-based
6-19 learning leading to employment in entry-level jobs in designated
6-20 educational clusters. There are three major elements of a
6-21 school-to-work transition:
6-22 (1) School-based learning consisting of:
6-23 (A) organized career development for all
6-24 students beginning with career awareness in elementary school,
6-25 including career options, and career exploration and
7-1 decision-making activities so that every student can develop and
7-2 update a career plan;
7-3 (B) selection of a "career major," or coherent
7-4 sequence of courses that prepares a student for entry-level
7-5 employment in a broad occupational cluster or industrial sector
7-6 and/or further education, and consists of at least two years of
7-7 secondary education and at least one year of postsecondary
7-8 education or training;
7-9 (C) a school site mentor who serves as an
7-10 advocate for the student, designs the school-to-work sequence and
7-11 monitors the student's progress.
7-12 (D) the same high academic content standards
7-13 established for all students in core subjects, presented in a
7-14 manner that helps students develop high skills in reading, writing,
7-15 reasoning, information retrieval, problem-solving, listening,
7-16 speaking, critical thinking, computer literacy, and working
7-17 effectively both alone and in a group; and
7-18 (E) integration of academic and career/technical
7-19 curriculum providing instruction in all aspects of the industry
7-20 related to the student's career major, and taught using applied
7-21 methodologies, interdisciplinary teaching and team teaching
7-22 strategies.
7-23 (2) Work-based learning consisting of:
7-24 (A) a structured, planned sequence of on-the-job
7-25 experiences at the worksite leading to mastery of progressively
8-1 higher skill levels integrated with the student's school-based
8-2 learning and related to the student's career major;
8-3 (B) a workplace mentor who possesses the skills
8-4 and knowledge to be mastered by the student; and
8-5 (C) instruction in general workplace
8-6 competencies such as teamwork, problem solving and decision making;
8-7 and in all aspects of the industry in which the student is being
8-8 trained.
8-9 (3) Connecting activities consisting of:
8-10 (A) a process for matching students with
8-11 appropriate work-based learning opportunities;
8-12 (B) a school-site mentor to act as a liaison
8-13 between the student, the employer, the workplace mentor, educators,
8-14 parents and the community;
8-15 (C) technical assistance and training for
8-16 employers, teachers, mentors and counselors;
8-17 (D) job placement, advanced training and
8-18 education assistance to all students completing the program;
8-19 (E) linking participants with community services
8-20 that may be necessary to ensure a successful transition from school
8-21 to work;
8-22 (F) follow up of the employment and income
8-23 outcomes of students who participate in the system; and
8-24 (G) linking school-to-work activities with
8-25 employer and industry strategies for upgrading the skills of their
9-1 workers.
9-2 SECTION 6. STATE RESPONSIBILITIES. (A) Planning, Oversight
9-3 and Evaluation. The Texas Council on Workforce and Economic
9-4 Competitiveness shall be responsible for strategic planning,
9-5 oversight and evaluation of the school-to-work component. In
9-6 addition, the Council shall:
9-7 (1) advise the Texas Workforce Development Department,
9-8 the Texas Higher Education Coordinating Board, the Texas Education
9-9 Agency, the Texas Employment Commission, the Texas Department of
9-10 Commerce and other participating state agencies regarding the
9-11 administration and implementation of the school-to-work component;
9-12 (2) evaluate the usefulness of the state's labor
9-13 market information system to employers, students, workers, and
9-14 state and local planning organizations involved in the
9-15 school-to-work system;
9-16 (3) develop coherent, integrated data bases and
9-17 information systems to support students, clients and employers for
9-18 full participation in seamless transitions for education, work, and
9-19 career pursuits and economic success for Texas;
9-20 (4) submit a report to the legislature not later than
9-21 November 30 of each even-numbered year evaluating the performance
9-22 of the school-to-work system and making recommendations for system
9-23 improvements.
9-24 (B) Administration. (1) The Texas Workforce
9-25 Development Department shall be responsible for administering the
10-1 school-to-work component as a part of the state's comprehensive
10-2 workforce development system. This responsibility shall be carried
10-3 out in close cooperation with the Texas Higher Education
10-4 Coordinating Board, the Texas Education Agency, the Texas
10-5 Employment Commission, the Texas Department of Commerce, the Texas
10-6 Department of Human Services, the Texas Rehabilitation Commission
10-7 and other participating state agencies as appropriate.
10-8 (2) The Commissioner of Workforce Development shall:
10-9 (A) recommend ways to meet the short and long
10-10 term financial needs for the implementation of the school-to-work
10-11 component;
10-12 (B) conduct a statewide campaign to build
10-13 consensus around a common vision for school-to-work transition
10-14 throughout the state;
10-15 (C) develop collaborative plans to combine and
10-16 utilize both existing and newly-developed public and private
10-17 resources to implement and support the school-to-work component;
10-18 (D) encourage the development of partnerships
10-19 among representatives from business, labor, and education at the
10-20 local level to provide leadership, collaborative planning, and
10-21 information.
10-22 (3) The Commissioner of Workforce Development, in
10-23 conjunction with the Commissioner of Higher Education and the
10-24 Commissioner of Education shall:
10-25 (A) provide technical assistance to secondary
11-1 and postsecondary schools, employers, and local workforce
11-2 development boards related to the design and operation of
11-3 school-to-work services;
11-4 (B) support the modification of curricula to
11-5 promote competencies identified by employers that students should
11-6 attain;
11-7 (C) provide in-service training and professional
11-8 development of school site mentors and other career guidance staff;
11-9 (D) develop career major frameworks and
11-10 encourage local partnerships with business, industry, and labor to
11-11 adopt career majors;
11-12 (E) develop a comprehensive career development
11-13 system based on the National Career Development guidelines, to
11-14 enable every student to develop and continuously update a career
11-15 plan; and
11-16 (F) study and recommend methods for the use of
11-17 performance-based assessments to measure skill attainment.
11-18 (4) The Central Education Agency shall:
11-19 (1) modify the academic excellence indicators to
11-20 reflect the inclusion of the school-to-work component;
11-21 (2) include industry-based internships/experiences as
11-22 an allowable staff development activity.
11-23 SECTION 7. LOCAL RESPONSIBILITIES. (a) The school-to-work
11-24 component shall be implemented in a local labor market area as
11-25 defined by the boundaries designated as local workforce development
12-1 areas.
12-2 (b) Local workforce development boards shall be responsible
12-3 for strategic planning, oversight and evaluation of the
12-4 school-to-work component in their area as part of their overall
12-5 responsibility for workforce development. They will carry out
12-6 their responsibilities in close cooperation with local employers,
12-7 representatives of workers, primary and secondary schools, post
12-8 secondary education institutions and other local agencies as
12-9 appropriate.
12-10 (c)(1) Local workforce development boards shall be
12-11 responsible for supporting the development of industry-based
12-12 steering committees where employers have lead responsibility for
12-13 the development, validation and modification of skill standards for
12-14 each of the occupational areas targeted for school-to-work
12-15 education and training. These industry-based steering committees
12-16 shall:
12-17 (A) validate or embellish existing standards to
12-18 accommodate the needs of local employers;
12-19 (B) develop a skill standards and certification
12-20 system in occupational areas targeted for training where national
12-21 or state standards do not exist;
12-22 (C) set specifications for curriculum
12-23 development activities;
12-24 (D) monitor education and training activities;
12-25 (E) provide work-based learning opportunities
13-1 for youth; and
13-2 (F) provide employment opportunities for those
13-3 successfully completing training and meeting industry standards.
13-4 (2) Local workforce development boards shall provide
13-5 logistical and technical support to the industry-based steering
13-6 committees.
13-7 (d)(1) In areas not yet designated as workforce development
13-8 areas or in areas where workforce development boards have not yet
13-9 been formed, the school-to-work responsibilities shall be carried
13-10 out by an informal local partnership, including, but not limited to
13-11 representatives from the following:
13-12 (A) employers;
13-13 (B) representatives of workers;
13-14 (C) local public secondary and post secondary
13-15 educational institutions;
13-16 (D) job training organizations;
13-17 (E) community-based organizations; and
13-18 (F) students.
13-19 (2) The school-to-work responsibilities shall be
13-20 performed by a local partnership until a local workforce
13-21 development board is formed. Local partnerships formed to carry
13-22 out the responsibilities for school-to-work are dissolved once a
13-23 local workforce development board is formed.
13-24 SECTION 8. TEXAS SKILL STANDARDS BOARD. The Texas Skill
13-25 Standards Board is created as a 9 member board. The board will
14-1 serve as an advisor to the governor for the development of a state
14-2 level skill standards and certification system.
14-3 (1) Membership. The board consists of nine members
14-4 appointed by and serving at the pleasure of the governor. The
14-5 presiding officer shall be appointed by the governor from one of
14-6 the members representing business. The board consists of the
14-7 following members:
14-8 (A) Five members representing business, two of
14-9 whom must be from firms with less than fifty employees;
14-10 (B) Two members representing labor; and
14-11 (C) One member each from secondary and
14-12 postsecondary education.
14-13 (2) Duties of the Texas Skill Standards Board.
14-14 (A) validate nationally established skill
14-15 standards to guide curriculum development, training, assessment and
14-16 certification of workforce skills;
14-17 (B) convene industry groups to develop skill
14-18 standards and certification procedures in industries and
14-19 occupations where national standards have not been established or
14-20 adopted;
14-21 (C) review standards developed by other states
14-22 and nations and enter into agreements for mutual recognition of
14-23 credentials to enhance portability of skills.
14-24 (3) Administration of the Texas Skill Standards Board.
14-25 (A) The Texas Skill Standards Board shall meet
15-1 at such times as are necessary to accomplish its work, with the
15-2 approval of the presiding officer.
15-3 (B) The members of the Texas Skill Standards
15-4 Board are entitled to per diem for their expenses in attending
15-5 meetings, but are not paid.
15-6 (C) The Texas Workforce Development Department
15-7 shall provide staff support for the Texas Skill Standards Board.
15-8 (D) The board shall report to the governor and
15-9 shall provide annual reports to the governor and the legislature.
15-10 SECTION 9. OCCUPATIONAL CREDENTIALING. In occupational
15-11 areas where skill standards have been established, occupational
15-12 credentials shall be granted jointly by the educational institution
15-13 and appropriate industry group at the national, state or local
15-14 level.
15-15 SECTION 10. SPECIAL PROVISIONS. (a) All state and federal
15-16 laws relating to the safety, health, and well-being of workers
15-17 apply to youth in school-to-work programs.
15-18 (b) The employment of youth in school-to-work programs may
15-19 not displace or cause any reduction in the hours of non overtime
15-20 work, wages, or employment benefits of any currently employed
15-21 worker.
15-22 (c) The state occupational information coordinating
15-23 committee shall collect labor market information that will assist
15-24 in the identification of industries and occupational clusters that
15-25 are characterized by high growth, upward mobility, high wages, and
16-1 strong technical skills, and are focused on high performance,
16-2 diversity and investment in skill development.
16-3 (d) The Commissioner of Education and the Commissioner of
16-4 Higher Education shall develop and implement a plan for the
16-5 preparation, certification, and re-certification of teachers and
16-6 workplace instructors who are proficient in developing curricula
16-7 for and teaching in integrated learning (school-to-work) programs.
16-8 (e) School districts may use state funds to fund
16-9 school-to-work initiatives and programs.
16-10 (f) The department may enter into an agreement with any
16-11 private not-for-profit, quasi-governmental organization or industry
16-12 group that has statewide jurisdiction to administer assessments to
16-13 determine if a student has mastered the academic and occupational
16-14 competencies necessary for the award of an occupational credential.
16-15 (g) The central education agency shall ensure that a
16-16 student's decision to enter into a school-to-work agreement will
16-17 not affect his or her status with regard to fulfilling all
16-18 prerequisites for graduation from high school and for eligibility
16-19 to enroll in postsecondary degree programs in the state.
16-20 (h) The Texas Higher Education Coordinating Board shall
16-21 develop and implement a plan that provides for the award of credit
16-22 or advanced standing in two-year and four-year postsecondary degree
16-23 programs for graduates of school-to-work learning programs. The
16-24 plan shall be submitted to the governor and to the legislature not
16-25 later than two years following the effective date of this Act.
17-1 (i) The department, Texas Education Agency, Texas Higher
17-2 Education Coordinating Board, Workers Compensation Commission, and
17-3 the Department of Insurance shall initiate jointly a study of
17-4 workplace liability issues affecting the school-to-work system and
17-5 shall provide a report and recommendations for resolving any
17-6 liability problems with students in the workplace to the governor
17-7 and legislature not later than November 1, 1996.
17-8 (j) The Commissioner of Education in conjunction with the
17-9 Commissioner of Higher Education and the Commissioner of Workforce
17-10 Development shall study and recommend to the governor and
17-11 legislature not later than September 1, 1996, ways to incorporate
17-12 the elements of the school-to-work component into the curriculum of
17-13 primary and secondary public schools and postsecondary institutions
17-14 in the state, and to update the legislature on the progress of
17-15 local partnerships in the implementation of the school-to-work
17-16 component and the needs for staff development to implement the
17-17 system.
17-18 (k) In the event the legislature fails to establish a state
17-19 workforce development agency under separate legislation, the
17-20 responsibilities for staffing of the Texas Skill Standards Board
17-21 are hereby the responsibility of the Texas Department of Commerce,
17-22 and the responsibilities assigned to the Workforce Development
17-23 Department and its Commissioner are hereby the responsibility of
17-24 the Texas Higher Education Coordinating Board.
17-25 SECTION 11. EFFECTIVE DATE. This Act takes effect
18-1 September 1, 1995.
18-2 SECTION 12. EMERGENCY. The importance of this legislation
18-3 and the crowded condition of the calendars in both houses create an
18-4 emergency and an imperative public necessity that the
18-5 constitutional rule requiring bills to be read on three several
18-6 days in each house be suspended, and this rule is hereby suspended,
18-7 and that this Act take effect and be in force according to its
18-8 terms, and it is so enacted.