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.