1-1 By: Ellis S.B. No. 1528
1-2 (In the Senate - Filed March 13, 1995; March 21, 1995, read
1-3 first time and referred to Committee on Economic Development;
1-4 April 28, 1995, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 0; April 28, 1995,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1528 By: Ellis
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the establishment of the school-to-work component of
1-11 the state's workforce development system and to the creation of the
1-12 Texas Skill Standards Board.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Title 83, Revised Statutes, is amended by adding
1-15 Article 5190.8 to read as follows:
1-16 Art. 5190.8. SCHOOL-TO-WORK TRANSITION
1-17 Sec. 1. SHORT TITLE. This article may be cited as the Texas
1-18 School-to-Work Act.
1-19 Sec. 2. FINDINGS. The legislature finds that:
1-20 (1) the economic future of this state and the
1-21 prosperity of its citizens depend on the ability of the employers
1-22 of this state to compete effectively in the world economy;
1-23 (2) unemployment among youths and young adults,
1-24 especially among those who do not possess baccalaureate degrees, is
1-25 intolerably high and the earnings of those individuals have been
1-26 falling relative to individuals with more education;
1-27 (3) the workplace in this state is changing in
1-28 response to national and international competition and changing
1-29 technologies and those changes are reducing the demand for and
1-30 wages paid to unskilled labor;
1-31 (4) this state does not have a comprehensive and
1-32 coherent system to assist youth who are not destined to graduate
1-33 from college in acquiring the skills, knowledge, abilities, and
1-34 information necessary to make an effective transition from school
1-35 to work;
1-36 (5) workforce education and training efforts have too
1-37 often occurred in isolation from the state labor market and
1-38 employers' needs for skilled and productive workers;
1-39 (6) many students can achieve high academic and
1-40 occupational standards, and many learn better and retain more, when
1-41 the students learn in context rather than in the abstract;
1-42 (7) the work-based learning approach, modeled after
1-43 the time-honored apprenticeship concept, integrates theoretical
1-44 instruction with structured on-the-job training and can be very
1-45 effective in engaging student interest, enhancing skill
1-46 acquisition, developing positive work attitudes, and preparing
1-47 youths and young adults for high-skill, high-wage careers; and
1-48 (8) the use of that work-based learning approach will
1-49 provide the businesses of this state with the skilled workers they
1-50 need to be globally competitive.
1-51 Sec. 3. PURPOSE. The purpose of this article is to:
1-52 (1) establish a state-local framework for planning,
1-53 operating, and evaluating school-to-work services that:
1-54 (A) provides employers with the skilled
1-55 workforce necessary to successfully compete in the global economy;
1-56 (B) is compatible with comprehensive reform of
1-57 the state's public education system;
1-58 (C) is integrated with the state's workforce
1-59 development system; and
1-60 (D) offers opportunities for each student to
1-61 participate in a competency-based education and training program
1-62 that will:
1-63 (i) increase the student's opportunities
1-64 for further education, both at community and technical colleges
1-65 and at four-year colleges and universities;
1-66 (ii) enable the student to earn portable
1-67 credentials;
1-68 (iii) prepare the student for an
2-1 entry-level job in a high-skill, high-wage career; and
2-2 (iv) increase the student's prospects for
2-3 productive employment and earnings;
2-4 (2) facilitate the creation of a universal,
2-5 high-quality school-to-work transition component that enables
2-6 youths in this state to identify and follow paths to productive and
2-7 progressively more rewarding employment in the workplace;
2-8 (3) use workplaces as active learning environments in
2-9 the educational process by making employers joint partners with
2-10 educators by providing opportunities for all students to
2-11 participate in high-quality, work-based learning experiences;
2-12 (4) authorize the use of funds under this article and
2-13 federal funds under the federal School-to-Work Opportunities Act of
2-14 1994 (20 U.S.C. Section 6101 et seq.) as venture capital to be used
2-15 to underwrite the initial costs of planning and establishing a
2-16 state-local school-to-work component that will be maintained with
2-17 other federal, state, and local resources;
2-18 (5) promote the formation of local partnerships among
2-19 local employers, primary and secondary schools, and postsecondary
2-20 educational institutions as an investment in future workplace
2-21 productivity and competitiveness;
2-22 (6) help all students attain high academic and
2-23 occupational standards;
2-24 (7) build on and advance a range of promising
2-25 school-to-work activities, such as tech-prep education, career
2-26 academies, school-to-apprenticeship programs, cooperative
2-27 education, school-sponsored enterprises, business-education
2-28 compacts, and promising strategies that assist school dropouts,
2-29 that can be developed as part of the school-to-work component
2-30 funded under this Act;
2-31 (8) improve the knowledge and skills of youths by
2-32 integrating academic and occupational learning, integrating
2-33 school-based and work-based learning, and building effective
2-34 linkages between secondary and postsecondary education;
2-35 (9) motivate all youths, including low-achieving
2-36 youths, school dropouts, and youths with disabilities, to stay in
2-37 or return to school or a classroom setting and to strive to
2-38 succeed, by providing enriched learning experiences and assistance
2-39 in obtaining good jobs and continuing their education in
2-40 postsecondary educational institutions; and
2-41 (10) increase opportunities for minorities, women, and
2-42 individuals with disabilities by enabling individuals to prepare
2-43 for careers that are not traditional for their race, gender, or
2-44 disability.
2-45 Sec. 4. DEFINITIONS. In this Act:
2-46 (1) "Assessment" means the formal process by which a
2-47 student demonstrates mastery of academic and occupational
2-48 competencies in order to meet educational objectives and industry
2-49 skill standards expected of a school-to-work learning sequence.
2-50 (2) "Commissioner" means the commissioner or governing
2-51 body of the department, as appropriate.
2-52 (3) "Council" means the Council on Workforce and
2-53 Economic Competitiveness.
2-54 (4) "Department" means the state agency charged by the
2-55 legislature with the administration of workforce development in
2-56 this state.
2-57 (5) "Industry skill standard" means a specification of
2-58 certain occupational competencies that:
2-59 (A) are recognized as having competitive value
2-60 in an industry or industrial sector; and
2-61 (B) clearly describe the qualifications and
2-62 knowledge that entry-level workers must possess to perform
2-63 successfully within a high-skill occupation or occupational area.
2-64 (6) "Integrated learning" means the process that
2-65 connects academic instruction with occupational education,
2-66 work-based learning, and work experience.
2-67 (7) "Local workforce development area" has the meaning
2-68 assigned by Section 3.01, Workforce and Economic Competitiveness
2-69 Act (Article 5190.7a, Vernon's Texas Civil Statutes).
2-70 (8) "Local workforce development board" means a local
3-1 board authorized under Section 4.01, Workforce and Economic
3-2 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
3-3 Statutes).
3-4 (9) "Occupational credential" means a certificate that
3-5 is awarded to a student or trainee as the result of a satisfactory
3-6 assessment.
3-7 (10) "Registered apprenticeship" means an
3-8 apprenticeship program that is registered with the Bureau of
3-9 Apprenticeship and Training of the United States Department of
3-10 Labor.
3-11 (11) "Structured work-based learning" means that
3-12 portion of a school-to-work component that uses the workplace as a
3-13 learning environment and consists of a planned sequence of
3-14 increasingly challenging job assignments, worksite instruction, and
3-15 formal on-the-job training.
3-16 Sec. 5. COMPONENTS OF SCHOOL-TO-WORK COMPONENT. (a) In
3-17 this section, "school-to-work" means a structured program of study
3-18 that combines secondary and postsecondary academic and occupational
3-19 or technical instruction with structured work-based learning
3-20 designed to lead to employment in entry-level jobs in designated
3-21 occupational clusters.
3-22 (b) The school-to-work component is composed of three main
3-23 elements. Those elements are school-based learning, work-based
3-24 learning, and activities that connect school-based learning to
3-25 work-based learning.
3-26 (c) School-based learning is composed of:
3-27 (1) a system of organized career development for all
3-28 students, beginning with career awareness in elementary school,
3-29 that includes career options and career exploration and
3-30 decision-making activities designed to allow each student to
3-31 develop and update a career plan;
3-32 (2) selection of a career major or coherent sequence
3-33 of courses that:
3-34 (A) prepares a student for entry-level
3-35 employment in a broad occupational cluster or industrial sector or
3-36 for further education; and
3-37 (B) consists of at least two years of secondary
3-38 education and at least one year of postsecondary education or
3-39 training;
3-40 (3) a school-site mentor who serves as an advocate for
3-41 the student, designs the school-to-work sequence, and monitors the
3-42 student's progress;
3-43 (4) the same high academic content standards
3-44 established for all students in core subjects, presented in a
3-45 manner that helps students develop high skills in reading, writing,
3-46 reasoning, information retrieval, problem solving, listening,
3-47 speaking, critical thinking, computer literacy, and working
3-48 effectively both alone and in a group; and
3-49 (5) integration of academic and career or technical
3-50 curricula that:
3-51 (A) provide instruction in all aspects of the
3-52 industry related to the student's career major; and
3-53 (B) are taught using applied methodologies,
3-54 interdisciplinary teaching, and team teaching strategies.
3-55 (d) Work-based learning is composed of:
3-56 (1) a structured, planned sequence of on-the-job
3-57 experiences at the worksite that is designed to lead to mastery of
3-58 progressively higher skill levels and is integrated with the
3-59 student's school-based learning and related to the student's career
3-60 major;
3-61 (2) a workplace mentor who possesses the skills and
3-62 knowledge to be mastered by the student; and
3-63 (3) instruction in general workplace competencies such
3-64 as teamwork, problem solving, and decision making, and in all
3-65 aspects of the industry in which the student is being trained.
3-66 (e) Connecting activities include:
3-67 (1) a process for matching students with appropriate
3-68 work-based learning opportunities;
3-69 (2) a school-site mentor to act as a liaison between
3-70 the student, the employer, the workplace mentor, educators,
4-1 parents, and the community;
4-2 (3) technical assistance and training for employers,
4-3 teachers, mentors, and counselors;
4-4 (4) job placement, advanced training, and education
4-5 assistance to all students completing the program;
4-6 (5) a system for linking participants with community
4-7 services that may be necessary to ensure a successful transition
4-8 from school to work;
4-9 (6) follow-up on the employment and income outcomes of
4-10 students who participate in the system; and
4-11 (7) a system for linking school-to-work activities
4-12 with employer and industry strategies for upgrading the skills of
4-13 their workers.
4-14 Sec. 6. STATE RESPONSIBILITIES. (a) The council is
4-15 responsible for strategic planning, oversight, and evaluation of
4-16 the school-to-work component. In addition, the council shall:
4-17 (1) advise the department, the Texas Higher Education
4-18 Coordinating Board, the Central Education Agency, the Texas
4-19 Employment Commission, the Texas Department of Commerce, and other
4-20 participating state agencies regarding the administration and
4-21 implementation of the school-to-work component;
4-22 (2) evaluate the usefulness of the state's labor
4-23 market information system to employers, students, workers, and
4-24 state and local planning organizations involved in the
4-25 school-to-work system;
4-26 (3) develop coherent, integrated databases and
4-27 information systems to support students, clients, and employers for
4-28 full participation in seamless transitions for education, work, and
4-29 career pursuits and economic success for this state; and
4-30 (4) submit a report to the legislature not later than
4-31 November 30 of each even-numbered year evaluating the performance
4-32 of the school-to-work system and making recommendations for system
4-33 improvements.
4-34 (b) The department is responsible for administering the
4-35 school-to-work component as a part of the state's comprehensive
4-36 workforce development system. This responsibility shall be carried
4-37 out in close cooperation with the Texas Higher Education
4-38 Coordinating Board, the Central Education Agency, the Texas
4-39 Employment Commission, the Texas Department of Commerce, the Texas
4-40 Department of Human Services, the Texas Rehabilitation Commission,
4-41 and other participating state agencies as appropriate.
4-42 (c) The commissioner shall:
4-43 (1) recommend ways to meet the short-term and
4-44 long-term financial requirements for implementation of the
4-45 school-to-work component;
4-46 (2) conduct a statewide campaign to build consensus
4-47 around a common vision for school-to-work transition throughout the
4-48 state;
4-49 (3) develop collaborative plans to combine and use
4-50 both existing and newly developed public and private resources to
4-51 implement and support the school-to-work component; and
4-52 (4) encourage the development of partnerships among
4-53 representatives from business, labor, and education at the local
4-54 level to provide leadership, collaborative planning, and
4-55 information.
4-56 (d) In conjunction with the commissioner of higher education
4-57 and the commissioner of education, the commissioner shall:
4-58 (1) provide technical assistance to secondary and
4-59 postsecondary schools, employers, and local workforce development
4-60 boards relating to the design and operation of school-to-work
4-61 services;
4-62 (2) support the modification of curricula to promote
4-63 competencies identified by employers that students should attain;
4-64 (3) provide in-service training and professional
4-65 development of school-site mentors and other career guidance staff;
4-66 (4) develop career major frameworks and encourage
4-67 local partnerships with business, industry, and labor to adopt
4-68 career majors;
4-69 (5) develop a comprehensive career development system
4-70 based on the National Career Development guidelines to enable each
5-1 student to develop and continuously update a career plan; and
5-2 (6) study and recommend methods for the use of
5-3 performance-based assessments to measure skill attainment.
5-4 (e) The Central Education Agency shall:
5-5 (1) modify the academic excellence indicators to
5-6 reflect the inclusion of the school-to-work component; and
5-7 (2) include industry-based internships and experiences
5-8 as an allowable staff development activity.
5-9 Sec. 7. LOCAL RESPONSIBILITIES. (a) The school-to-work
5-10 component shall be implemented in a local labor market area as
5-11 defined by the boundaries designated as a local workforce
5-12 development area.
5-13 (b) Each local workforce development board is responsible
5-14 for:
5-15 (1) strategic planning, oversight, and evaluation of
5-16 the school-to-work component in the board's area as part of its
5-17 overall responsibility for workforce development; and
5-18 (2) supporting the development of industry-based
5-19 steering committees in which employers have primary responsibility
5-20 for the development, validation, and modification of skill
5-21 standards for each of the occupational areas targeted for all
5-22 workforce education and training, including school-to-work.
5-23 (c) An industry-based steering committee shall:
5-24 (1) validate or enhance existing standards to
5-25 accommodate the needs of local employers;
5-26 (2) develop a skill standards and certification system
5-27 in occupational areas targeted for training in which national or
5-28 state standards do not exist;
5-29 (3) set specifications for curriculum development
5-30 activities;
5-31 (4) monitor education and training activities;
5-32 (5) provide work-based learning opportunities for
5-33 youth;
5-34 (6) provide for the assessment of skills attainment of
5-35 individuals; and
5-36 (7) provide employment opportunities for those
5-37 successfully completing training and meeting industry standards.
5-38 (d) Each local workforce development board shall provide
5-39 logistical and technical support to the industry-based steering
5-40 committees.
5-41 (e) In an area not designated as a workforce development
5-42 area or in which a workforce development board has not been formed,
5-43 the school-to-work responsibilities shall be implemented by an
5-44 informal local partnership that includes representatives of
5-45 employers, workers, local public secondary and postsecondary
5-46 educational institutions, community-based organizations, and
5-47 students. A local partnership may also include representatives of
5-48 the following groups:
5-49 (1) employer organizations;
5-50 (2) community-based organizations;
5-51 (3) national trade associations working at the local
5-52 level;
5-53 (4) industrial extension centers;
5-54 (5) rehabilitation agencies or organizations;
5-55 (6) registered apprenticeship agencies;
5-56 (7) proprietary institutions of higher education;
5-57 (8) local government agencies;
5-58 (9) parent organizations;
5-59 (10) teacher organizations;
5-60 (11) vocational student organizations;
5-61 (12) private industry councils; and
5-62 (13) federally recognized Indian tribes and Indian
5-63 organizations.
5-64 (f) Each local partnership shall designate one of its
5-65 members as the grant recipient and administrative entity
5-66 responsible and accountable for all school-to-work funds available
5-67 for the area.
5-68 (g) A local partnership shall perform the school-to-work
5-69 responsibilities until a local workforce development board is
5-70 formed. After creation of a board, the board may retain the local
6-1 partnership as a technical advisory committee for school-to-work
6-2 activities.
6-3 Sec. 8. TEXAS SKILL STANDARDS BOARD. (a) The Texas Skill
6-4 Standards Board is created as an advisory board to the governor for
6-5 the development of a state-level skill standards and certification
6-6 system for all education and training, including school-to-work.
6-7 (b) The skill standards board is composed of 11 members
6-8 appointed by and serving at the pleasure of the governor, as
6-9 follows:
6-10 (1) seven members representing business, two of whom
6-11 must be from business entities with fewer than 50 employees;
6-12 (2) two members representing labor; and
6-13 (3) one member each from secondary and postsecondary
6-14 education.
6-15 (c) The governor shall appoint the presiding officer from
6-16 the members representing business.
6-17 (d) The skill standards board shall:
6-18 (1) validate nationally established skill standards to
6-19 guide curriculum development, training, and assessment and
6-20 certification of workforce skills;
6-21 (2) convene industry groups to develop skill standards
6-22 and certification procedures in industries and occupations in which
6-23 national standards have not been established or adopted; and
6-24 (3) review standards developed by other states and
6-25 nations and enter into agreements for mutual recognition of
6-26 credentials to enhance portability of skills.
6-27 (e) The skill standards board shall meet at the call of the
6-28 presiding officer as necessary to implement its duties under this
6-29 Act.
6-30 (f) A member of the skill standards board is not entitled to
6-31 compensation but is entitled to reimbursement for reasonable and
6-32 necessary expenses incurred in performing duties under this Act,
6-33 subject to any limitation in the General Appropriations Act.
6-34 (g) The council shall provide staff support for the skill
6-35 standards board.
6-36 (h) The skill standards board shall report to the governor
6-37 periodically and shall provide annual reports to the governor and
6-38 the legislature.
6-39 Sec. 9. OCCUPATIONAL CREDENTIALING. In occupational areas
6-40 in which skill standards have been established, occupational
6-41 credentials shall be granted under a process approved by the
6-42 appropriate industry group.
6-43 Sec. 10. APPLICATION OF OTHER LAWS. A state or federal law
6-44 relating to the safety, health, and well-being of workers applies
6-45 to a student participating in school-to-work programs.
6-46 Sec. 11. EFFECT ON OTHER WORKERS. The employment of youth
6-47 in school-to-work programs may not displace or cause any reduction
6-48 in the hours of non-overtime work, wages, or employment benefits of
6-49 any currently employed worker.
6-50 Sec. 12. LABOR MARKET INFORMATION. The state occupational
6-51 information coordinating committee shall collect labor market
6-52 information to assist in the identification of industries and
6-53 occupational clusters that are characterized by high growth, upward
6-54 mobility, high wages, and strong technical skills and are focused
6-55 on high performance and diversity and investment in skill
6-56 development.
6-57 Sec. 13. DUTIES OF EDUCATIONAL AGENCIES. (a) The
6-58 commissioner of education and the commissioner of higher education
6-59 shall develop and implement a plan for the preparation,
6-60 certification, and recertification of teachers and workplace
6-61 instructors who are proficient in developing curricula for and
6-62 teaching in integrated learning school-to-work programs.
6-63 (b) A school district may use state funds to fund
6-64 school-to-work initiatives and programs.
6-65 (c) The Central Education Agency shall ensure that a
6-66 student's decision to enter into a school-to-work agreement will
6-67 not affect the student's status with regard to fulfilling all
6-68 prerequisites for graduation from high school and for eligibility
6-69 to enroll in postsecondary degree programs in this state.
6-70 (d) The Texas Higher Education Coordinating Board shall
7-1 develop and implement a plan that provides for the award of credit
7-2 or advanced standing in two-year and four-year postsecondary degree
7-3 programs for graduates of school-to-work learning programs.
7-4 Sec. 14. STUDY; REPORT. (a) The department, Central
7-5 Education Agency, Texas Higher Education Coordinating Board, Texas
7-6 Workers' Compensation Commission, and Texas Department of Insurance
7-7 shall conduct jointly a study of workplace liability issues
7-8 affecting the school-to-work system.
7-9 (b) The agencies participating in the study under Subsection
7-10 (a) of this section shall provide a report and recommendations for
7-11 the resolution of liability problems identified by the study to the
7-12 governor and legislature not later than November 1, 1996.
7-13 (c) The commissioner of education, in conjunction with the
7-14 commissioner of higher education and the commissioner, shall study
7-15 and recommend to the governor and legislature, not later than
7-16 September 1, 1996, ways to incorporate the elements of the
7-17 school-to-work component into the curriculum of primary and
7-18 secondary public schools and postsecondary institutions in the
7-19 state and shall periodically inform the legislature on the progress
7-20 of local partnerships in the implementation of the school-to-work
7-21 component and the needs for staff development to implement the
7-22 system.
7-23 Sec. 15. AGREEMENT. The department may enter into an
7-24 agreement with any private, not-for-profit, quasi-governmental
7-25 organization or industry group that has statewide jurisdiction to
7-26 administer assessments to determine if a student has mastered the
7-27 academic and occupational competencies necessary for the award of
7-28 an occupational credential.
7-29 SECTION 2. Subsection (a), Section 4.02, Workforce and
7-30 Economic Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
7-31 Statutes), is amended to read as follows:
7-32 (a) A local workforce development board is appointed by the
7-33 chief elected officials consistent with the local government
7-34 agreement and applicable federal and state laws. Board members
7-35 serve fixed and staggered terms as provided by the agreement or
7-36 applicable federal or state laws and may continue to serve until
7-37 successors are appointed. Board membership shall reflect the
7-38 ethnic and geographic diversity of the workforce development area.
7-39 A board shall include a member who is a student in an educational
7-40 institution of this state, and other members <is composed> as
7-41 follows:
7-42 (1) representatives of the private sector, who shall
7-43 constitute a majority of the membership of the board and who are
7-44 owners of business concerns, chief executives or chief operating
7-45 officers of nongovernmental employers, or other private sector
7-46 executives who have substantial management or policy
7-47 responsibilities;
7-48 (2) representatives of organized labor and
7-49 community-based organizations, who shall constitute not less than
7-50 15 percent of the membership of the board; and
7-51 (3) representatives of each of the following:
7-52 (A) educational agencies, including secondary
7-53 and postsecondary practitioners representing vocational education,
7-54 that are representative of all educational agencies in the service
7-55 delivery area;
7-56 (B) vocational rehabilitation agencies;
7-57 (C) public assistance agencies;
7-58 (D) economic development agencies;
7-59 (E) the public employment service;
7-60 (F) local literacy councils; and
7-61 (G) adult basic and continuing education
7-62 organizations.
7-63 SECTION 3. If the 74th Legislature, Regular Session, 1995,
7-64 does not enact legislation to establish a separate state workforce
7-65 development agency, the responsibilities <