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.