Library / Laws / 113th / s / S. 1370 / Introduced in Senate
II
113th CONGRESS
1st Session
S. 1370
IN THE SENATE OF THE UNITED STATES
July 25, 2013
Mrs. Murray introduced
the following bill; which was read twice and referred to the
Committee on Health, Education, Labor,
and Pensions
A BILL
To establish partnerships to create or enhance
educational and skills development pathways to 21st century careers, and for
other purposes.
1.
Short
title; table of contents
(a)
Short
title
This Act may be cited
as the Promoting Innovations to 21st
Century Careers Act.
(b)
Table of
contents
The table of contents of this Act is as follows:
Sec. 1. Short title; table of
contents.
Sec. 2. Findings; purposes.
Sec. 3. Definitions.
TITLE I—Career pathways grants
Sec. 101. State partnership planning grants.
Sec. 102. State partnership implementation grants.
Sec. 103. Regional partnership subgrants.
Sec. 104. State partnership transition grants.
TITLE II—Career pathways partnership supplemental
grants
Sec. 201. State partnership supplemental grants program
authorized.
Sec. 202. Types of supplemental grants.
TITLE III—General provisions
Sec. 301. Establishment of the National Academic and Career
Innovation Center.
Sec. 302. Accountability and performance
measurement.
Sec. 303. Evaluation and research.
Sec. 304. Benefits and labor standards.
Sec. 305. Sunshine provision.
Sec. 306. Authorization of appropriations and
distribution.
2.
Findings;
purposes
(a)
Findings
Congress
finds the following:
(1) A highly skilled
and agile workforce is necessary to compete in the global economy and maintain
the standard of living of the United States.
(2) According to a
2011 report by the Alliance for Excellent Education, nearly 7,000 students drop
out of high school every day. Annually, 1,200,000 students will not graduate
from high school with their peers as scheduled.
(3) High school
dropouts have a high social cost. According to a 2009 study by Northeastern
University, when compared to high school graduates, high school dropouts will
cost the taxpayers an average of $292,000. And for high school dropouts between
the ages of 16 and 24, incarceration rates are 63 times higher than among
college graduates.
(4) According to the
United States Census Bureau, on average a student who drops out of high school
will have an annual income $20,241. That is $10,386 less than an individual
with a high school diploma, and $36,424 less than an individual with a
bachelor’s degree.
(5) According to the
National Center for Education Statistics, 21 percent of first-year
undergraduate students in the 2007–2008 academic school year reported taking at
least one remedial course. Twenty-four percent of first-time undergraduate
community college students reported taking a least one remedial course.
(6) According to a
2011 report by the American College Testing Program (ACT), by 2018, 30,000,000
new and replacement jobs will require some postsecondary education. The current
decline in postsecondary credential attainment threatens the ability of
American businesses to compete globally. Currently, about 90,000,000 Americans
(half of the U.S. workforce) lack the skills required to function well in the
global economy or to earn family sustaining wages.
(7) According to the
findings of a 2006 study conducted by the American College Testing Program
(ACT), the skills required for high school students to be ready to successfully
enter postsecondary education and to enter workforce training programs are
comparable. The report found that high school graduates need a comparable level
of readiness in reading and mathematics to enter college-level courses without
remediation and to enter workforce training programs in jobs that are likely to
offer family-supporting wages and the potential for career advancement.
(8) According to a
2003 report for the Educational Testing Service, about 40 percent of American
adults do not have skills typical of those with some college, but the fastest
job growth will occur in those jobs in which incumbent workers currently have
skill levels reflecting at least some postsecondary education.
(9) An increase in a
country’s overall level of educational attainment leads to an increase in its
overall rate of economic growth. According to a 2009 Mckinsey & Company
report, if the United States had in recent years closed the gap between its
educational achievement levels and those of better-performing nations such as
Finland and Korea, gross domestic product in 2008 could have been
$1,300,000,000 to $2,300,000,000 higher. This represents 9 to 16 percent of
gross domestic product.
(10) According to the
American College Testing Program’s (ACT) analysis of the data from a 2009
Organization for Economic Co-operation and Development repot, if current trends
in postsecondary credential attainment continue for the United States, the next
generation of American workers will be less educated than the previous
generation for the first time in the history of the United States.
(b)
Purposes
The
purposes of this Act are—
(1) to increase the
graduation rate of students from high school;
(2) to increase the
number of high school students prepared with 21st century skills for
college-level work and workforce development after graduation from secondary
school;
(3) to improve the
long-term labor market prospects for young people;
(4) to establish
State and regional partnerships among education, business, labor, and workforce
and economic development leaders for the purposes of—
(A) creating or
enhancing educational pathways for high school students to postsecondary
education, including registered apprenticeship programs, and to 21st century
careers;
(B) aligning the
requirements for successfully exiting secondary education and entering
postsecondary education and workforce development; and
(C) developing a
coherent vision for community development that complements and coordinates
ongoing and new efforts in education and workforce and economic
development;
(5) to increase the
use of industry-based skill standards, such as those certifications developed
by the Manufacturing Skill Standards Council and the National Institute for
Metalworking Skills; and
(6) to increase the
number of highly skilled and agile workers available to employers, particularly
in high skill, high demand industries.
3.
Definitions
In this Act:
(1)
At-risk
youth
The term at-risk youth means a high school
student who—
(A) is economically
disadvantaged, as determined by the student being—
(i) eligible for free
or reduced price lunch under the Richard B. Russell National School Lunch Act
(42 U.S.C. 1751 et seq.);
(ii) eligible to
receive medical assistance under the State Medicaid program established under
title XIX of the Social Security Act (42 U.S.C. 1396 et seq.); or
(iii) a
member of a family receiving assistance under the State program funded under
part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.);
(B) is at risk for
academic failure;
(C) is a student with
disabilities;
(D) is a student who
is a homeless child or youth, as defined in section 725 of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11434a);
(E) is a migrant
student or a student with limited English proficiency;
(F) is a youth
offender; or
(G) is in foster care
or is aging out of the foster care system.
(2)
Board
The
term Board means the National Academic and Career Innovation
Center Board established under section 301(d).
(3)
Career
pathway
The term career pathway means a rigorous,
engaging, and high-quality set of courses and services that—
(A) includes an
articulated sequence of academic and career courses, including 21st century
skills;
(B) is aligned with
the needs of high skill, high demand industries in a region or State;
(C) prepares students
for entry into the full range of postsecondary education options, including
registered apprenticeships, and careers;
(D) provides academic
and career counseling in student-to-counselor ratios that allow students to
make informed decisions about academic and career options;
(E) meets State
academic standards, State requirements for secondary school graduation and is
aligned with requirements for entry into postsecondary education, and
applicable industry standards; and
(F) leads to 2 or
more credentials, including—
(i) a secondary
school diploma; and
(ii) a postsecondary
degree, an apprenticeship or other occupational certification, a certificate,
or a license.
(4)
Center
The
term Center means the National Academic and Career Innovation
Center established under section 301.
(5)
Director
The
term Director means the Director of the National Academic and
Career Innovation Center.
(6)
Dropout
recovery
The term dropout recovery means a wide
range of effective efforts to provide former high school students who did not
graduate from secondary school in a standard number of years with an
opportunity to earn a secondary school diploma and continue onto postsecondary
education.
(7)
High school
student
The term high school student means a student
who is enrolled in a public secondary school—
(A) in one of grades
9 through 12; or
(B) in the case of a
student enrolled in a secondary school approved by a State to issue a regular
diploma concurrently with a postsecondary degree or with not more than 2 years'
worth of postsecondary academic credit, in grade 13.
(8)
High skill,
high demand industry
(A)
In
general
The term high skill, high demand industry
means an industry that—
(i) has a significant
current or potential impact on the regional economy overall;
(ii) brings net
dollars into a region or is critical to attracting and sustaining businesses
within the industry;
(iii) stimulates the
growth of other supporting businesses, or the growth of other industries or
economic sectors within the region;
(iv) provides workers
with competitive and family-supporting wages and benefits that increase the
strength and vitality of the entire regional economy; and
(v) provides
opportunities for career advancement.
(B)
Determination
The
determination of whether an industry is a high skill, high demand industry
shall be made using State or regional business and labor market projections and
an analysis of real time data derived from labor market transactions.
(9)
Institution of
higher education
The term institution of higher
education has the meaning given the term in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001).
(10)
Local
educational agency
The term local educational agency
has the meaning given the term in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(11)
One-stop
center
The term one-stop center means a one-stop
center described in section 134(c) of the Workforce Investment Act of 1998 (29
U.S.C. 2864(c)).
(12)
Pathways
grants
The term pathways grants means the grants
authorized under title I (excluding section 103) and title II.
(13)
Postsecondary
education
The term postsecondary education
means—
(A) not less than a
1-year program of instruction offered by an institution of higher education
that is acceptable for credit toward an associate or a baccalaureate degree;
or
(B) a certificate or
registered apprenticeship program at the postsecondary level offered by an
institution of higher education or a nonprofit educational institution.
(14)
Regional
partnership
The term regional partnership means a
regional pathways partnership receiving funds under section 103.
(15)
Registered
apprenticeship program
The term registered apprenticeship
program means an industry skills training program at the postsecondary
level that combines technical and theoretical training through structured
on-the-job learning with related instruction (in classrooms or through distance
learning) while an individual is employed, working under the direction of
qualified personnel or a mentor, and earning incremental wage increases aligned
to enhanced job proficiency, resulting in the acquisition of a nationally
recognized and portable certificate, under a plan approved by the Office of
Apprenticeship or a State agency recognized by the Department of Labor.
(16)
Secondary
school
The term secondary school has the meaning
given the term in section 9101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801).
(17)
State
The
term State means each of the several States, the District of
Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands,
Guam, American Samoa, and the Commonwealth of the Northern Mariana
Islands.
(18)
State
educational agency
The term State educational agency
has the meaning given the term in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(19)
State P–16 or
P–20 Council
The term State P–16 or P–20 Council
means a body of public officials and public and private sector leaders
that—
(A) is established by
a State executive order, statute, or voluntary agreement and may be regularly
chaired or co-chaired by the Governor of the State;
(B) sets formal,
aligned expectations for a seamless system of education from the earliest years
of a child’s development through the kindergarten through grade 12 system and
into and through postsecondary education;
(C) acts as a venue
for collaboration across early learning, including preschool (the
P) through the first 4 years of higher education (the
16) or through doctoral and professional schools (the
20); and
(D) receives State,
foundation, business, or other funding to carry out the body's agenda.
(20)
State
partnership
The term State partnership means a State
pathways partnership as established or appointed under section
101(b)(1).
(21)
State
workforce investment board
The term State workforce
investment board has the meaning given the term State
board in section 101 of the Workforce Investment Act of 1998 (29 U.S.C.
2801).
(22)
Work-based
experience
The term work-based experience means an
activity for high school students, postsecondary students, or teachers that
provides career knowledge, skills, and abilities, including job-shadowing and
internships.
I
Career pathways
grants
101.
State
partnership planning grants
(a)
Grants
authorized
(1)
In
general
The Director is authorized to award planning grants to
eligible State partnerships for the purpose of enabling the State partnerships
to complete comprehensive planning to carry out activities establishing career
pathways.
(2)
Grant
period
A planning grant awarded under this section shall be for a
period of not more than 1 year.
(3)
Maximum
amount
A planning grant awarded under this section may not be
more than $250,000.
(4)
Nonrenewability
The
Director shall not award a State partnership more than 1 planning grant under
this section.
(b)
Eligibility
(1)
In
general
An entity shall be a State pathways partnership for
purposes of this Act if the entity—
(A) has been
established as the State pathways partnership by the Governor of a State and is
composed of the members described in paragraph (3); or
(B) has been
appointed by the Governor of a State as the State pathways partnership under
paragraph (2).
(2)
Appointment of
organization
The Governor may appoint an existing education,
workforce, or economic development organization, such as the State workforce
investment board, the State P–16 or P–20 Council, a joint labor-management
partnership organization, or a business-education partnership, as the State
pathways partnership for purposes of this Act if the organization—
(A) includes, or
modifies the members of the organization to include, the representatives
required under paragraph (3)(A); or
(B) establishes a
subcommittee that includes such representatives and uses such subcommittee to
carry out the duties of the State partnership under this Act.
(3)
Partners
(A)
Required
partners
A State pathways partnership shall include a
representative from each of the following:
(i) Public secondary
education, who shall be the chief State school officer.
(ii) A
public 2-year institution of higher education.
(iii) A
public 4-year institution of higher education.
(iv) A
business and trade organization.
(v) An
economic development entity.
(vi) The State
workforce investment board.
(vii) The State
employment security agency.
(viii) The recognized
State federation of labor.
(ix) A
joint apprenticeship and training committee.
(x) A
labor organization that represents teachers.
(xi) The State P–16
or P–20 Council, if such a council exists in the State.
(B)
Other
partners
A State pathways partnership may include other members,
such as—
(i) additional
representatives described in subparagraph (A);
(ii) additional
representatives of public secondary education, such as the chief State school
officer responsible for career and technical education; or
(iii) nontraditional
participants, including representatives from philanthropic organizations or
members of regional partnerships.
(4)
State
authority
The Governor of a State receiving a planning grant
under this section has the authority to appoint a fiscal and an administrative
agent for the State partnership.
(c)
Application
(1)
In
general
Each State partnership desiring a planning grant under
this section shall submit an application to the Director at such time, in such
manner, and accompanied by such information as the Director may reasonably
require.
(2)
Contents
Each
application submitted under this subsection shall—
(A) describe the
members of the State partnership;
(B) describe the
activities for which assistance under this section is sought, including the
process by which the applicable industry standards for a career pathway
supported under the grant will be identified and considered;
(C) describe proposed
performance benchmarks to be used to measure progress under the planning
grant;
(D) provide a budget
for use of funds to complete required activities in section (d); and
(E) provide such
additional assurances and information as the Director determines to be
essential to ensure compliance with the requirements of this section.
(3)
Performance
benchmarks
Before a State partnership receives a planning grant
under this section, the State partnership and the Director shall jointly
determine the performance benchmarks that shall be established for the purposes
of the planning grant.
(d)
Required
activities
A State partnership receiving funds under this
subsection shall carry out all of the following:
(1) Analyze State
labor market information in order to create career pathways and carry out the
purposes of this Act.
(2) Identify and
agree on State or regional high skill, high demand industries for the purposes
of planning career pathways.
(3) Identify existing
Federal, State, and private resources for youth development and plan to
leverage other existing Federal, State, and private resources to strengthen
partnerships and implementation grant activities.
(4)
(A) Provide a description
of existing (as of the time of the application)—
(i) State academic standards for
secondary school graduation and industry standards;
(ii) State requirements for secondary
school graduation and entry requirements for postsecondary education;
(iii) State policies or models for
career and guidance counseling; and
(iv) career pathway-related programs
and activities for secondary school students, such as programs of study under
the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301
et seq.), or early college or dual enrollment programs.
(B) A State partnership may use an already
completed review of the information described in subparagraph (A) that has been
completed by the State P–16 or P–20 Council, or other entity recognized by the
State, if the review is not more than 2 years old. If the review does not
contain all of the information required in clauses (i) through (iv) of
subparagraph (A), the State partnership shall complete the missing
components.
(5) Plan for the
alignment of State requirements for secondary school graduation and entry to
postsecondary education.
(6) Identify possible
areas in which statewide teacher and administration professional development or
teacher certification related to promising practices in career pathways will be
needed and plan for such professional development.
(7) Plan for and
create a State partnership implementation plan to submit to the Center.
(8) Determine the
criteria for selecting regional partnerships for implementation subgrants in
accordance with section 102(e)(1), which—
(A) will incorporate
the concepts of career pathways and high skill, high demand industries;
and
(B) may incorporate
criteria such as low graduation rates and low academic achievement in the
schools served by the regional partnership.
(e)
Matching
requirement
Each State partnership receiving a planning grant
under this section shall provide an amount, in cash or in-kind, that is not
less than 15 percent of the amount of the grant, to carry out the activities
supported by the grant. The matching requirement under this subsection may be
provided from funds available from other Federal, State, local, or private
sources to carry out such activities.
(f)
Reporting
requirement
Not later than 1 year after an eligible State
partnership receives a planning grant under this section, the partnership shall
submit a report to the Director on the State’s performance of the activities
described in subsection (d). The report shall include—
(1) a description of
the use of funds, including matching funds required under subsection (e), to
carry out required activities under subsection (d); and
(2) a description of
the progress of the State partnership in meeting the performance benchmarks
under subsection (c)(3).
102.
State
partnership implementation grants
(a)
Grants
authorized
(1)
In
general
The Director is authorized to award implementation
grants, on a competitive basis, to eligible State partnerships described in
subsection (c) to enable the State partnerships to establish or enhance career
pathways.
(2)
Grant
period
An implementation grant awarded under this section shall
be for a period of not more than 5 years.
(3)
Nonrenewability
(A)
In
general
The Director shall not award a State partnership more
than 1 implementation grant under this section except as provided in
subparagraph (B).
(B)
Exception
In
cases where the Director determines that the State partnership is high
performing and the activities supported by the State partnership warrant
additional grant funding, the Director may continue to provide funding to a
State partnership through a transition grant under section 104.
(b)
Use of
funds
An eligible State partnership that receives an
implementation grant under this section—
(1) may reserve not
more than 20 percent of the grant funds to carry out the activities described
in paragraphs (2) through (5) of subsection (e); and
(2) shall use not
less than 80 percent of the grant funds to make subgrants to regional
partnerships in accordance with subsection (e)(1).
(c)
Eligibility
To
be eligible for an implementation grant under this section, a State partnership
described in section 101(b) shall have—
(1) received a
planning grant under section 101 and completed all requirements of such grant;
or
(2) completed a
satisfactory application, including a plan to coordinate with required partners
and complete the required activities described in section 101(d) during the
5-year period of an implementation grant under this section.
(3)
State
partnership authority
A State partnership receiving an
implementation grant under this section shall appoint a fiscal and an
administrative agent for the implementation of such grant.
(d)
Application
(1)
In
general
Each eligible State partnership desiring an
implementation grant under this section shall submit an application to the
Director at such time, in such manner, and accompanied by such information as
the Director may reasonably require.
(2)
Contents
Each
application submitted under this subsection shall include—
(A) a description of
the members of the State partnership;
(B) a description of
how the State partnership completed the required activities described in
section 101(d), if applicable or, in the case of a State partnership that has
not completed such activities, a description of how the State partnership plans
to complete such activities, including a description of the process by which
career pathways will be selected and any applicable industry standards for the
career pathways will be identified and considered;
(C) a description of
the activities for which assistance under this section is sought, including a
description of the career pathways that will be supported by such
activities;
(D) a description of
how the State partnership will coordinate with required partners and complete
the required partnership activities described in subsection (e) over the 5-year
duration of an implementation grant awarded under this section;
(E) a budget proposal
of the cost of the activities supported by the implementation grant, and a
timeline for the provision of the matching funds required under subsection
(f);
(F) proposed
performance measures in accordance with section 302 to be used to assess and
evaluate the progress of the career pathways activities of regional
partnerships;
(G) a description of
how the State partnership will collect long-term aggregated data on students
assisted under the implementation grant, in accordance with section 444 of the
General Education Provisions Act (the Family Educational Rights and Privacy Act
of 1974) (20 U.S.C. 1232g), for purposes of reporting progress in grant
activities; and
(H) such additional
assurances as the Director determines to be essential to ensure compliance with
the requirements of this section.
(e)
Required
activities
An eligible State partnership receiving an
implementation grant under this section shall—
(1) award subgrants
to eligible regional partnerships in accordance with section 103;
(2) develop and
implement coherent, early, and sustained statewide academic and career guidance
strategies linked to high skill, high demand industries;
(3) collect data from
regional partnerships on the performance measures selected by the partnership
and Director in accordance with section 302 for career pathways activities
carried out by the regional partnerships;
(4) convene the State
partnership members on a regular basis, and at least on a semiannual
basis;
(5) assist regional
partnerships to create coherent career pathways, including the provision of
technical assistance and capacity building activities, such as the
dissemination of best practices and tools within the State;
(6) provide any
necessary statewide teacher and school administrator professional development
related to career pathways and coordinate with existing professional
development efforts or activities;
(7) in consultation
with regional partnerships, make recommendations on State and local policies to
foster the development of career pathways for high school students; and
(8) in coordination
with regional partnerships, conduct ongoing studies to continuously improve
career pathways, including testing innovative approaches, within the State in
order to achieve high level performance and to maximize coordination of the
studies with the Center's studies under title III.
(f)
Matching
requirement
(1)
In
general
Each State partnership receiving an implementation grant
under this section shall provide an amount, in cash or in-kind, that is not
less than 25 percent of the amount of the grant, to carry out the activities
supported by the grant. The matching requirement under this subsection may be
provided from funds available from other Federal, State, local, or private
sources to carry out such activities.
(2)
Timing of
matching contribution
An eligible State partnership may satisfy
the matching requirement of an implementation grant awarded under this section
at any time during the 5-year duration of the grant, as specified in the budget
proposal that is submitted in the application process and approved by the
Director.
(g)
Reporting
requirement
For each year of the grant period, each eligible
State partnership receiving an implementation grant under this section shall
submit a report to the Director on the State’s performance of the activities
described in subsection (e). Each report shall include—
(1) a description of
the use of funds, including matched funds, to complete required activities
under subsection (d); and
(2) a description of
the performance of the State partnership in meeting the performance measures
under section 302.
103.
Regional
partnership subgrants
(a)
In
general
The administrative agent appointed under section
102(c)(3) by a State partnership receiving an implementation grant under such
section shall, on behalf of the State partnership, award subgrants, on a
competitive basis, to eligible regional partnerships to enable the eligible
regional partnerships to establish or enhance career pathways.
(b)
Eligibility for
subgrants
(1)
Required
partners
In order for a
regional area of a State served by a State partnership receiving an
implementation grant under section 102 to participate in the subgrant program
under this section, the regional area shall form a regional pathways
partnership that includes a representative from each of the following:
(A) Public secondary education, who may be a
representative of a local educational agency.
(B) Postsecondary education, including public
2-year and 4-year postsecondary education institutions.
(C) A business or
trade organization.
(D) The local
workforce investment board (meaning a local board, as defined in section 101 of
the Workforce Investment Act of 1998 (29 U.S.C. 2801)).
(E) An economic
development entity.
(F) Local elected
officials.
(G) A central labor
council.
(H) A labor
organization that represents teachers.
(I) High school
students and postsecondary education students.
(J) Parents or legal
guardians of high school students and postsecondary education students.
(K) A community-based
organization that is relevant to career pathways.
(2)
Other
partners
A regional partnership may include other members, such
as additional representatives described in paragraph (1), representatives of
educational service agencies, or nontraditional participants, including
representatives from philanthropic organizations.
(3)
Designation
A
regional area may agree to designate an existing education, workforce, or
economic development organization such as a local workforce investment board,
regional economic development authority, joint labor management partnership
organization, or business-education partnership, as the regional pathways
partnership for purposes of this Act if the organization—
(A) includes, or
modifies the members of the organization to include, the representatives
required under paragraph (1); or
(B) establishes a
subcommittee that includes such representatives and uses such subcommittee to
carry out the duties of the regional partnership under this Act.
(c)
Regional
partnership authority
A regional partnership shall choose an
entity to be the fiscal agent and an entity to be the administrative agent for
the subgrant funds received under this section.
(d)
Application for
subgrant
(1)
In
general
Each regional partnership desiring a subgrant under this
section shall submit an application to the State partnership at such time, in
such manner, and accompanied by such information as the State partnership may
reasonably require.
(2)
Contents
Each
application submitted pursuant to this subsection shall include—
(A) a description of
the activities for which assistance under this section is sought, including
activities to address the needs of at-risk youth;
(B)
(i) a description of the
career pathways, including the applicable industry standards used for the
career pathways, that will be supported by such activities, including, as
applicable, a description of the types of industry certification assessments to
be funded under subsection (f)(1); and
(ii) information describing how the
partnership incorporates the concepts of the career pathways and high skill,
high demand industries;
(C) proposed
performance measures in accordance with section 302 to be used to assess and
evaluate the progress of the career pathways activities under this
section;
(D) a budget for use
of funds to complete the required activities in subsection (e);
(E) a definition of
the geographic boundaries of the region to be served by the career pathways
initiatives, including whether the region is—
(i) a
local workforce investment area established under section 116 of the Workforce
Investment Act of 1998 (29 U.S.C. 2831);
(ii) an
economic development area as defined by the State; or
(iii) justified on
other criteria, including—
(I) the alignment of
labor market areas;
(II) school districts
and education service agencies;
(III) postsecondary
educational institutions and area career and technical schools;
(IV) geographic
distances; or
(V) regional
resources that are available to effectively administer the activities carried
out under this section;
(F) a description of
how meetings of the regional partnership will be convened on a regular
basis;
(G) an assurance that
employers providing student work-based experiences will provide or arrange for
the necessary liability coverage as determined by the participating secondary
schools; and
(H) such additional
assurances as the State partnership determines to be essential to ensure
compliance with the requirements of this section.
(e)
Use of
funds
(1)
Reservation of
amounts
Of the subgrant amount received by an eligible regional
partnership under this section—
(A) not less than 85
percent of the subgrant funds shall be used to carry out the activities
described in subparagraphs (A) through (D) of paragraph (2); and
(B) a total of not
more than 15 percent of the subgrant funds shall be spent to—
(i) carry out the
activities described in subparagraphs (E) through (G) of paragraph (2);
(ii) pay for the
costs associated with the fiscal or administrative agent; or
(iii) sustain the
regional partnership.
(2)
Required
activities
A regional partnership receiving a subgrant under this
section shall use subgrant funds to—
(A) establish or
enhance career pathways for high school students in high skill, high demand
industries;
(B) establish or
designate an intermediary with demonstrated experience in working with schools
serving high school students, postsecondary education, and the workforce
delivery system, and within the partnership area that shall under financial
agreement with the regional partnership—
(i) coordinate career
pathways activities;
(ii) conduct
community outreach and informational activities related to career
pathways;
(iii) consider the
needs of individual school districts in the regional partnership area;
(iv) identify
academic and career counseling options and resources (such as the one-stop
career center career services, including resources and services funded under
the Wagner-Peyser Act (29 U.S.C. 49 et seq.)) to counsel students and the
students' families in the development of career pathways plans to ensure that
students' course crediting and content requirements for secondary school
graduation and entrance into postsecondary education are aligned and that shall
have a ratio of students to counselors of not more than 1:150; and
(v) develop
work-based experiences for high school students and teachers;
(C) train and provide
professional development to individuals providing academic and career
counseling options in the area served by the regional partnership, or designate
the intermediary described in subparagraph (B) to provide such training and
professional development;
(D) develop and
implement a dropout recovery strategy for entry into career pathways for former
high school students who have dropped out of school;
(E) complete a
community asset map or build upon an existing analysis of resources by
workforce boards or other entities to identify those existing resources that
can be leveraged in a region and the gaps that need to be addressed to
strengthen connections between effective education and career success;
(F) coordinate with
existing support services for students; and
(G) track and report
on the progress of the regional partnership in meeting performance goals
negotiated with the State partnership.
(f)
Optional
activities
A regional partnership receiving a subgrant under this
section may—
(1) provide funds for
student fees and books and equipment fees associated with completing industry
certification assessments, or examinations for Advanced Placement and
International Baccalaureate courses, for high school students who are at or
below 200 percent of the Federal poverty level line, in order to support a
career pathway in a high skill, high demand industry for such students;
(2) provide funds for
costs associated with student work-based experiences in high skill, high demand
industries, except that no such funds shall be used to pay wages;
(3) create 1-to-1
mentorships between the most at-risk youth in a career pathway and responsible,
supportive adults within the region as identified by the regional
partnership;
(4) assist students
in identifying and completing financial aid applications for postsecondary
education; and
(5) provide funds to
expand the scope of career services for career pathway students offered by
one-stop centers within the region.
(g)
Reporting
requirement
For each year of the grant period, each eligible
regional partnership receiving a subgrant under this section shall submit a
report to the State partnership on the partnership's performance on the
activities described in subsection (e). Each report shall include—
(1) a description of
the use of funds, including any matched funds, to complete the required
activities under subsection (e); and
(2) a description of
the performance of the partnership in meeting the performance measures, as
described in section 302 consistent with section 444 of the General Education
Provisions Act.
104.
State
partnership transition grants
(a)
Grants
authorized
(1)
In
general
The Director is authorized to award transition grants, on
a competitive basis, to eligible State partnerships described in subsection (b)
to enable the State partnerships to continue successful career pathways
programs, while increasing State and regional investment and gradually
decreasing Federal funds.
(2)
Grant
period
A transition grant awarded under this section shall be for
a period of not more than 3 years.
(3)
Nonrenewability
The
Director shall not award a State partnership more than 1 transition grant under
this section.
(b)
Eligibility
To
be eligible for a transition grant under this section, a State partnership
shall have received an implementation grant under section 102 and
satisfactorily completed all requirements of such grant.
(c)
Application
(1)
In
general
Each eligible State partnership desiring a transition
grant under this section shall submit an application to the Director at such
time, in such manner, and accompanied by such information as the Director may
reasonably require.
(2)
Contents
Each
application submitted under this subsection shall provide—
(A) a description of
the activities for which assistance under this section is sought;
(B) a description of
how the State partnership has made progress on the activities described in
section 102(e);
(C) description of
how the State partnership will coordinate with required partners and complete
the required partnership activities described in subsection (d) over the
duration of a grant awarded under this section;
(D) a budget proposal
of the cost of the activities supported by the transition grant, and a timeline
for the provision of the matching funds required under subsection (e);
(E) proposed
performance measures in accordance with section 302 to be used to assess and
evaluate the progress of the activities of State partnerships under this
section; and
(F) such additional
assurances as the Director determines to be essential to ensure compliance with
the requirements of this section.
(d)
Activities
A
State partnership receiving a transition grant under this section—
(1) shall use grant
funds to continue the activities required under section 102(e); and
(2) may use grant
funds to expand career exploration and guidance activities to students in
grades lower than grade 9, with priority given to serving such students who are
at risk of failure to graduate, based on indicators for middle school students
predictive of whether or not a student is on track to graduate from secondary
school with a regular diploma.
(e)
Matching
requirement
(1)
In
general
Each State partnership receiving a transition grant under
this section shall provide, from funds available from other Federal, State,
local, or private sources to carry out the activities supported by the
transition grant—
(A) for the first
year of the grant, an amount that is not less than 25 percent of the amount of
the grant for such year;
(B) for the second
year of the grant, an amount that is not less than 50 percent of the amount of
the grant for such year; and
(C) for the third
year of the grant, an amount that is not less than 75 percent of the amount of
the grant for such year.
(2)
Use and type of
matching funds
The matching funds required under paragraph (1)
may be provided in cash or in-kind and shall be used to carry out the
activities supported by the transition grant under this section.
(f)
Reporting
Requirement
For each year of the grant period, each eligible
State partnership receiving a transition grant under this section shall submit
a report to the Director on the State’s performance of the activities described
in subsection (d). Each report shall include—
(1) a description of
the use of funds, including matched funds, to complete the required activities
described in subsection (d); and
(2) a description of
the performance of the State partnership in meeting the performance measures,
as described in section 302.
II
Career pathways
partnership supplemental grants
201.
State
partnership supplemental grants program authorized
(a)
Purposes
The
purposes of this title are—
(1) to enhance the
capacity of States and regions to offer career pathways to high school
students;
(2) to enhance
one-stop career services for youth to more effectively provide career
exploration and guidance services to high school students and postsecondary
students; and
(3) to increase the
number of registered apprenticeship programs in high skill, high demand
industries.
(b)
Grants
authorized
The Director is authorized to award, on a competitive
basis, supplemental grants described in section 202 to States to enable the
States to carry out the activities described in such section.
(c)
Duration of
grant
Each eligible State receiving a grant under this title
shall use the grant funds within a 5-year period, as designated by the
Director.
(d)
Non-Renewability
An
eligible State may not receive more than 1 grant under each subsection of
section 202.
202.
Types of
supplemental grants
(a)
Career pathways
curriculum development grants
(1)
Purposes
The purposes of a grant under this
subsection are—
(A) to increase the
number of innovative, high quality, rigorous, engaging, and relevant career
pathways curricula available for the purpose of instructing high school
students through the development of new, or enhancement of existing, model
courses of study focused on high skill, high demand industries;
(B) to support the
development of career pathways curricula that develop and reinforce reading and
mathematics skills for high school students, including through the real world
application of academics; and
(C) to establish
teacher training processes that will provide effective professional development
in the application of each career pathways course sequence assisted under this
subsection.
(2)
Applications
(A)
In
general
The Governor of a State, in partnership with the State
partnership serving the State, may submit an application for a curriculum grant
under this subsection to the Director at such time, in such manner, and
containing such information as the Director may require.
(B)
Peer
review
Applications for a curriculum grant under this subsection
shall be peer reviewed by a panel of experts in curriculum development, career
pathways or career and technical education, and workforce development and
industry.
(C)
Contents
Each
application submitted under this paragraph shall—
(i) be
submitted during the period that the State partnership serving the State is
receiving an implementation grant under section 102;
(ii) demonstrate a
need for the curriculum grant;
(iii) describe the
activities for which assistance under this subsection is sought,
including—
(I) how the applicant
will carry out the activities described in paragraph (4);
(II) how the
applicant will include the industry standards of the relevant industries in the
development of the curriculum and, in the case of an applicant using grant
funds to carry out paragraph (5)(A), the industry certificates to be
used;
(III) how the
applicant will collaborate with and incorporate input from representatives from
the State partnership members in the development of the curriculum; and
(IV) the research or
evidence that supports the key curriculum theories and activities of the
proposed career pathways curriculum;
(iv) include a budget
of the cost of the project and a timeline for the provision of the matching
funds required under paragraph (6);
(v) include a
description of the performance benchmarks to be used to measure the
development, implementation, distribution, and professional development
concerning career pathways curriculum;
(vi) provide an
assurance that curricula and other products or materials developed under this
Act will be made available to the Center for distribution; and
(vii) provide such
additional assurances as the Director determines to be essential to ensure
compliance with the requirements of this title.
(3)
Fiscal and
administration agent
The Governor of a State receiving a
curriculum grant under this subsection shall appoint the State educational
agency to serve as the fiscal agent and administer the grant funds.
(4)
Required
activities
A State receiving a curriculum grant under this
subsection shall use the grant funds—
(A) to develop a
curriculum with industry engagement that—
(i) provides a
logical sequence of integrated academic and career-related coursework focused
on a specific high skill, high demand industry and meets regional or national
workforce needs;
(ii) incorporates
rigorous academic content from core academic subjects, as defined in section
9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801), in
a majority of the courses within each curricular sequence of study, so that a
majority of courses are eligible for academic credit, and links the material in
each course to State academic content standards;
(iii) provides
academic rigor to career pathways courses;
(iv) emphasizes the
development of communication skills, such as reading, writing, speaking,
mathematic, and science skills across all courses and provides for the
development of work readiness skills and 21st century work skills, including
problem solving skills, communication skills, analytic skills, time management,
teamwork, and technological prowess;
(v) provides
knowledge of all aspects of an industry;
(vi) uses best
practices within curriculum development theory, including rigorous standards,
higher order thinking skills, real world applications, project-based learning,
contextual learning, and other practices;
(vii) incorporates
opportunities for work-based experience within each career pathways course
sequence; and
(viii) prepares high
school students for postsecondary education and skills development
programs;
(B) to create
curriculum materials and instructional resources that will support the teaching
and learning of the career pathways curriculum developed under this subsection;
and
(C) to develop a
statewide teacher professional development implementation plan that will
describe the model of professional development used for teacher training,
including courses that will increase the capacity of teachers to effectively
implement the career pathways curriculum developed under this subsection, and a
description of the costs of such a program.
(5)
Optional use of
funds
In addition to the required activities under subsection
(g), a State receiving a grant under this subsection may use the grant
funds—
(A) to create career
and technical education course sequences that lead to an industry
certificate;
(B) to develop and
include transitional mathematics and reading courses for students who struggle
to meet the academic requirements necessary to enter and successfully complete
postsecondary education or workforce development; or
(C) to provide
options for high school students to concurrently earn college credit through
establishing college course articulation agreements.
(6)
Matching
requirement
Each State partnership receiving a curriculum grant
under this subsection shall provide an amount, in cash or in-kind, that is not
less than 25 percent of the amount of the grant, to carry out the activities
supported by the grant. The matching requirement under this subsection may be
provided from funds available from other Federal, State, local, or private
sources to carry out such activities.
(7)
Evaluation and
reporting requirement
Each State partnership in a State receiving
a curriculum grant under this subsection shall annually report to the Director
regarding—
(A) the progress made
on the activities described in paragraph (4), including the progress made in
the development and distribution of the career pathways curriculum assisted
through the grant;
(B) the data and
information gathered to benchmark appropriate outcomes of the curriculum
development, implementation, distribution, and professional development, which
may include student outcomes;
(C) the use of grant
funds, including matched funds, by the State; and
(D) the State's
progress on the performance benchmarks described in paragraph (2)(C) that are
established with the agreement of the Director.
(8)
Rule of
construction
Nothing in this
section shall be construed to authorize an officer or employee of the Federal
Government to mandate, direct, or control a State's, local educational
agency's, or school's specific instructional content, academic achievement
standards or assessments, curriculum, or program of instruction.
(b)
Career pathways
capacity expansion and modernization grants
(1)
Purpose
The purpose of this subsection is to enable
States to better prepare students for postsecondary education and careers in
State and regional high skill, high demand industries by providing eligible
States with grants in order to expand, enhance, and modernize school facilities
and equipment to reflect the requirements of State and regional high skill,
high demand industries.
(2)
Definition of
qualifying region
In this subsection, the term qualifying
region means a region of a State that has a regional partnership that
has—
(A) previously
received a partnership implementation subgrant under section 103; and
(B) a low graduation
rate, compared to the State average, or a high percentage of at-risk youth,
compared to the State average.
(3)
Application
(A)
In
general
A Governor of a State, in partnership with the State
partnership serving the State, desiring an expansion and modernization grant
under this section shall submit an application to the Director at such time, in
such manner, and accompanied by such information as the Director may reasonably
require.
(B)
Contents
Each
application submitted under subparagraph (A) shall—
(i) be
submitted during the period that the State partnership serving the State is
receiving an implementation grant under section 102;
(ii) demonstrate a
need for the expansion, enhancement, or modernization of existing facilities or
equipment as of the date of the application, in qualifying regions;
(iii) describe the
activities for which assistance under this subsection is sought;
(iv) describe
creative arrangements to maximize the use of the facilities and equipment that
are expanded, enhanced, or modernized with grant funds under this subsection,
by sharing the facilities and equipment with other schools or postsecondary
programs;
(v) include a budget
of the cost of the project and a timeline for the provision of the matching
funds required under paragraph (6);
(vi) describe the
performance benchmarks to be used to measure the State's progress in
implementing a grant under this subsection; and
(vii) provide such
additional assurances as the Director determines to be essential to ensure
compliance with the requirements of this title.
(4)
Fiscal and
administration agent
The Governor of a State receiving an
expansion and modernization grant under this subsection shall appoint the State
facilities authority or State agency responsible for school construction and
renovation to serve as the fiscal agent and administer the grant funds.
(5)
Required
activities
A State receiving an expansion and modernization grant
under this subsection shall use the grant funds to—
(A) make necessary
expansions or enhancements to existing facilities in qualifying regions;
and
(B) modernize
equipment essential to instruction within the career pathways
curriculum.
(6)
Non-Federal
funds matching requirement
Each State partnership receiving an
expansion and modernization grant under this subsection shall provide, from
non-Federal sources, an amount that is not less than 50 percent of the amount
of the grant, to carry out the activities supported by the grant. The matching
requirement under this paragraph may be provided in cash or in-kind.
(7)
Evaluation and
reporting requirements
Each State partnership in a State
receiving an expansion and modernization grant under this subsection shall
annually submit a report to the Director regarding—
(A) the State's
progress made on the activities described in paragraph (5);
(B) the use of grant
funds by the State; and
(C) the State's
progress on the performance benchmarks described in paragraph (3)(B) that are
established with the agreement of the Director.
(c)
Registered
Apprenticeship Grants in high skill, high demand industries
(1)
Purpose
The purpose of this subsection is to enable
States to expand or create registered apprenticeship programs in high skill,
high demand industries.
(2)
Application
(A)
In
general
The Governor, in partnership with the State partnership
serving the State, may submit an application for an apprenticeship grant under
this subsection to the Director at such time, in such manner, and containing
such information as the Director may require.
(B)
Contents
Each
application submitted under subparagraph (A) shall—
(i) be
submitted during the period that the State partnership serving the State is
receiving an implementation grant under section 102;
(ii) demonstrate a
need for creation or expansion of registered apprenticeship programs in high
skill, high demand industries;
(iii) describe the
activities for which assistance under this subsection is sought;
(iv) describe the
performance benchmarks to be used to measure the development, implementation,
and distribution concerning registered apprenticeship programs;
(v) include a budget
of the cost of the project and a timeline for the provision of the matching
funds required under paragraph (5); and
(vi) provide such
additional assurances as the Director determines to be essential to ensure
compliance with the requirements of this title.
(3)
Fiscal and
administration agent
In the case of a State receiving an
apprenticeship grant under this subsection—
(A) that has a State
apprenticeship council recognized by the Department of Labor, the State
apprenticeship council administrative agency shall serve as the fiscal agent
and administer the grant funds; or
(B) where the Office
of Apprenticeship of the Department of Labor administers the registered
apprenticeship program, the Governor of the State shall appoint the appropriate
State agency to serve as the fiscal agent and administer the grant
funds.
(4)
Required
activities
An eligible State receiving an apprenticeship grant
under this subsection shall use the grant funds for activities necessary to
create or expand registered apprenticeship programs in high skill, high demand
industries, including—
(A) developing and
administering a new or enhancing an existing registered apprenticeship program
in a high skill, high demand industry as identified by the State;
(B) registering the
apprenticeship program with the Department of Labor;
(C) providing or
arranging for equipment necessary for training in the registered apprenticeship
program;
(D) developing
skills-based theoretical and technical classroom and on-the-job
curricula;
(E) identifying and
training, as appropriate, instructors for the registered apprenticeship
program; and
(F) conducting
outreach and marketing about the registered apprenticeship program to
interested stakeholders, including secondary schools serving high school
students.
(5)
Prohibited
Use
A State partnership receiving an apprenticeship grant under
this subsection shall not use any Federal funds provided under the grant to pay
wages or provide benefits to workers.
(6)
Non-Federal
funds matching requirement
Each State partnership receiving an
apprenticeship grant under this subsection shall provide, from non-Federal
sources, an amount that is not less than 25 percent of the amount of the grant,
to carry out the activities supported by the grant. The matching requirement
under this paragraph may be provided in cash or in-kind.
(7)
Evaluation and
reporting requirement
Each State partnership in a State receiving
an apprenticeship grant under this subsection shall annually submit a report to
the Director regarding—
(A) the progress made
on the activities described in paragraph (4);
(B) the use of grant
funds, including matched funds, by the State; and
(C) the State's
progress on the performance benchmarks described in paragraph (2)(B) that are
established with the agreement of the Director.
(d)
Youth one-Stop
career services enhancement grant
(1)
Purpose
The purpose of this subsection is to enable
States to make career services available through one-stop centers—
(A) more welcoming and user-friendly for
secondary school students; and
(B) more accessible
to such students while in school.
(2)
Application
(A)
In
general
The Governor of a State, in partnership with the State
partnership serving the State, may submit an application for a career services
enhancement grant under this subsection to the Director at such time, in such
manner, and containing such information as the Director may require.
(B)
Contents
Each
application submitted under subparagraph (A) shall—
(i) be submitted
during the period that the State partnership serving the State is receiving an
implementation grant under section 102;
(ii) demonstrate a
need for the enhancement or expansion of one-stop career guidance and
exploration services for high school students;
(iii) describe the
activities for which assistance under this subsection is sought;
(iv) describe the
performance benchmarks to be used to measure the State's progress in
implementing a grant under this subsection;
(v) include a budget
of the cost of the project and a timeline for the provision of the matching
funds required under paragraph (5); and
(vi) provide such
additional assurances as the Director determines to be essential to ensure
compliance with the requirements of this subsection.
(3)
Fiscal and
administration agent
The Governor of a State receiving a career
services enhancement grant under this subsection shall appoint the State
workforce investment board or the State workforce administrative entity as the
fiscal agent and the entity responsible for administering the grant. The State
workforce investment board shall give preference for resources available under
this grant to one-stop centers in regions with regional partnerships receiving
a subgrant under section 103.
(4)
Required
activities
A State receiving a career services enhancement grant
under this subsection shall use the grant funds to expand or enhance career
guidance and exploration services for students provided through one-stop
centers, including resources funded under the Wagner-Peyser Act (29 U.S.C. 49
et seq.), by—
(A) enhancing
services for students participating in career pathways, such as
enhancing—
(i) job search and
placement assistance and, as appropriate, career counseling;
(ii) the provision of
employment statistics information, including the provision of accurate
information related to local, regional, and national labor market areas, which
may include—
(I) job vacancy
listings in the labor market area;
(II) information on
the job skills necessary to obtain those jobs; and
(III) information
related to local occupations in demand and the earnings and skill requirements
of such occupations;
(iii) the provision
of performance information and program cost information on eligible providers
of training described in section 122 of the Workforce Investment Act of 1998
(29 U.S.C. 2842);
(iv) comprehensive
and specialized assessments of skill levels and development of plans to
identify and attain career goals;
(v) individual
counseling and career planning; and
(vi) short-term
prevocational services, such as the development of learning skills,
presentation skills, resume writing skills, interviewing skills, punctuality,
and professional conduct, among others, to prepare individuals for unsubsidized
employment; or
(B) providing
one-stop center career services in proximity to high school students, subject
to the requirements of section 134(c) of the Workforce Investment Act of 1998
(29 U.S.C. 2864(c)).
(5)
Matching
requirement
Each State partnership receiving a career services
enhancement grant under this subsection shall provide an amount, in cash or
in-kind, that is not less than 50 percent of the amount of the grant, to carry
out the activities supported by the grant. The matching requirement under this
subsection may be provided from funds available from other Federal, State,
local, or private sources to carry out such activities.
(6)
Evaluation and
reporting requirement
Each eligible State partnership in a State
receiving a career services enhancement grant under this subsection shall
submit a report to the Director regarding—
(A) the progress made
on the activities described in paragraph (4);
(B) the use of grant
funds, including matched funds, by the State partnership; and
(C) the State's
progress on the performance benchmarks described in paragraph (2)(B) that are
established with the agreement of the Director.
III
General
provisions
301.
Establishment
of the National Academic and Career Innovation Center
(a)
Purpose
The
purpose of this section is to establish a National Academic and Career
Innovation Center that—
(1) encourages
innovations to address the constant changes in the highly competitive global
economy;
(2) serves as a
national resource for State partnerships and regional partnerships in the
United States by—
(A) disseminating
information on research and best practices regarding the development of career
pathways;
(B) disseminating
demonstrated curricula developed by States; and
(C) supporting the
efforts of State partnerships and regional partnerships to offer career
pathways of proven effectiveness;
(3) designs and
conducts performance evaluations of career pathways activities, to determine
whether the short- and long-term goals of the activities are being met;
and
(4) administers,
oversees, and evaluates all career pathways grants.
(b)
Establishment
(1)
In
general
There is established the National Academic and Career
Innovation Center, which shall be administered under the terms of an
interagency agreement entered into by the Secretary of Education, the Secretary
of Labor, and the Secretary of Commerce (in this section referred to as the
Interagency Group).
(2)
Offices
The
Center shall have offices separate from the offices of the Department of
Education, the Department of Labor, and the Department of Commerce.
(3)
Recommendations
The
Interagency Group shall consider the recommendations of the Board, established
under subsection (d), in planning the goals of the Center and in implementing
any programs to achieve such goals.
(c)
Duties
(1)
In
general
In order to serve as a national resource for States and
regions creating and implementing career pathways in the United States, the
Center is authorized—
(A) to administer and
oversee grants and contracts under this Act;
(B) to conduct
evaluations and research in accordance with section 303 to determine the
effectiveness of the career pathways initiative under this Act;
(C) to make findings
as to whether the goals of the career pathways initiatives under this Act have
been met by the grant programs created under this Act;
(D) to work with
State partnerships and regional partnerships to develop performance measures,
in accordance with section 302, to determine whether the short- and long-term
goals of the activities being funded by the career pathways grants described in
this Act are being met;
(E) to advise
Congress and the Departments of Labor, Education, and Commerce on the
development and continuous improvement of career pathways;
(F) to communicate
and coordinate with the Departments of Labor, Education, and Commerce on
related activities administered by one or more of the Departments; and
(G) to disseminate
information, through online and other resources that are easily accessible,
that shall—
(i) consist
of—
(I) model career
pathways curricula developed under section 202(a); and
(II) proven best
practices and career resources, including multi-media information and products
identified by the Center, other entities, and repositories of information;
and
(ii) facilitate the
ability of secondary schools serving high school students or other educational
entities to access and implement model career pathways curricula if the schools
or entities so choose.
(2)
Grants and
contracts
The Center may award grants to, or enter into contracts
or cooperative agreements with, individuals, public or private institutions,
agencies, or organizations, to carry out the activities of the Center.
(3)
Disclosures
The
Center shall publicly disclose, through an easily accessible website, the
Center’s justification for the Center's decision to approve or reject each
application for a grant under this Act and, in the case of an application that
is approved, the amount of the grant awarded.
(4)
Prohibition on
required use of a curriculum
The Director shall not—
(A) use online
resources supported under this section to develop a national curriculum;
or
(B) require States to
use any model career pathways curriculum included in the online
resources.
(d)
National
Academic and Career Innovation Center Board
(1)
Establishment
(A)
In
general
There shall be a National Academic and Career Innovation
Center Board, which shall consist of 15 individuals appointed by the President
with the advice and consent of the Senate.
(B)
Composition
The
Board shall be comprised of individuals who are not otherwise officers or
employees of the Federal Government and who are representative of—
(i) public secondary
education;
(ii) public
postsecondary education, including 2-year and 4-year institutions of higher
education;
(iii) businesses and
trade organizations that demonstrate an interest in career pathways;
(iv) high school
students or postsecondary students, including at-risk youth;
(v) workforce
development;
(vi) economic
development;
(vii) State and local
governments;
(viii) parents or
legal guardians of students; and
(ix) labor
organizations.
(2)
Duties
The
Board shall—
(A) make
recommendations concerning the appointment of the Director and staff of the
Center;
(B) advise the Center
and the Interagency Group on a vision of career pathways that—
(i) create
opportunities for high school students to make successful transitions to
postsecondary education and employment and improve the long-term economic
prosperity for themselves and their families; and
(ii) play an integral
part in the larger workforce and economic development systems;
(C) provide
independent advice on the operation of the Center; and
(D) receive reports
from the Interagency Group and the Director.
(3)
Appointments
(A)
In
general
Each member of the Board shall be appointed for a term of
5 years, except that the initial terms for members may be 1, 2, or 3 years in
order to establish a rotation in which 1/3 of the members
are selected in each of the first 3 years of a 5-year cycle.
(B)
Term
limit
Any such member may be appointed for not more than 1 full
term.
(C)
Vacancies
Any
vacancy in the Board shall not affect the powers of the Board, but shall be
filled in the same manner as the original appointment.
(D)
Election of
officers
The Board shall elect a Chairperson and Vice Chairperson
of the Board from among the members of the Board.
(E)
Meetings
The
Board shall meet at the call of the Chairperson or a majority of the members of
the Board.
(e)
Director
The
Board, after considering recommendations made by the Interagency Group, shall
appoint and fix the pay of a Director.
(f)
Gifts,
bequests, and devises
(1)
In
general
The Center may accept, administer, and use for the
purposes of the Center gifts or donations of services, money, or property,
whether real or personal, tangible or intangible.
(2)
Rules
The
Board shall establish written rules setting forth the criteria to be used by
the Center in determining whether the acceptance of contributions of services,
money, or property whether real or personal, tangible or intangible, would
reflect unfavorably upon the ability of the Center or any employee to carry out
the responsibilities of the Center or employee, or official duties, in a fair
and objective manner, or would compromise the integrity or the appearance of
the integrity of the Center’s programs or any official involved in those
programs.
(g)
Funding
Any
amounts appropriated to the Secretary of Education, the Secretary of Labor, the
Secretary of Commerce, or the head of any other department that participates in
the Center, for the purposes that the Center is authorized to perform under
this Act, may be provided to the Center for such purposes.
302.
Accountability
and performance measurement
(a)
Purpose
The
purpose of this section is to establish an accountability system, comprised of
the activities described in this section, in order to—
(1) assess the
effectiveness of State and regional activities assisted under this Act to help
high school students successfully transition from secondary school to
postsecondary education and employment primarily in high skill, high demand
industries by acquiring the skills and knowledge that lead to long-term career
success;
(2) improve the State
and regional career pathways activities assisted under this Act;
(3) assess the
effectiveness of State and regional career pathways activities in creating a
highly skilled and agile workforce that meets 21st century skill
demands;
(4) maximize the
return on investment of Federal funds in State and regional career pathways
activities assisted under this Act; and
(5) assess the
effectiveness of State and regional career pathways in connecting efforts in
education, economic, and workforce development.
(b)
Performance
measures
(1)
In
general
For each State partnership and regional partnership,
performance measures shall consist of the indicators of performance described
in paragraph (2) and the level of performance described in paragraph
(3).
(2)
Indicators of
performance
The indicators of performance shall consist of the
following:
(A)
Interim
indicators
(i) Student
participation in a career pathway.
(ii) Student
attainment of a secondary school diploma, disaggregated by the subgroups
described in section 1111(b)(2)(C)(v)(II) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(v)(II)).
(iii) Student
participation in a career pathway and attainment of a secondary school diploma,
disaggregated by the subgroups described in such section
1111(b)(2)(C)(v)(II).
(B)
Transitional
indicators
(i) Student
acquisition of a secondary school diploma and entrance into postsecondary
education or employment.
(ii) Student
acquisition of a secondary school diploma and entrance into postsecondary
education or employment related to a high skill, high demand industry.
(iii) Attainment of 1
or more recognized credentials, which may include a certificate, license,
journey-status card, or associate degree or baccalaureate degree.
(iv) Attainment of 1
or more recognized credentials, which may include a certificate, license,
journey-status card, or associate degree or baccalaureate degree related to a
high skill, high demand industry.
(C)
Long-term
indicators
(i) Employment of
individuals who participated in a career pathway and attained a secondary
school diploma or a credential.
(ii) Employment of
individuals who participated in a career pathway and attained a secondary
school diploma or a credential related to a high skill, high demand
industry.
(iii) The initial
wage or salary level of individuals who participated in a career pathway and
attained a secondary school diploma.
(iv) The initial wage
or salary level of individuals who participated in a career pathway and
attained a secondary school diploma and a credential.
(D)
Additional
indicators
A State partnership may identify in the State
implementation application additional indicators that regional partnerships
receiving a subgrant from the State partnership shall use to evaluate career
pathways activities supported by the subgrant.
(3)
Level of
performance
For each indicator of performance, there shall be a
level of performance expressed in objective, quantifiable, and measurable form
and in a way to show the progress of the State toward continuously improving
performance.
(4)
State
performance measures
(A)
In
general
Each State partnership that receives an implementation
grant under section 102 or a transition grant under section 104 shall reach
agreement with the Director on the performance measures for the years covered
by the implementation grant or the transition grant as a condition of receiving
the grant. The performance measures shall take into account the State’s
economic conditions, student characteristics, graduation rates, and the
activities or services provided supported by the grants.
(B)
Adjustments
If
unanticipated circumstances arise in a State resulting in a significant change
in the State’s economic conditions, student characteristics, secondary school
graduation rates, or activities or services provided, the State partnership
Governor may request that the Director adjust the level of performance for the
State.
(5)
Regional
performance measures
(A)
In
general
Each regional partnership that receives a career pathways
subgrant under section 103 shall reach agreement with the State partnership on
the regional levels of performance for each core indicator and any additional
indicators that the State partnership may establish in accordance with this
subsection for the years covered by the grant as a condition of receiving the
subgrant. The performance measures shall take into account the economic
conditions, student characteristics, graduation rates, and activities or
services provided within the region.
(B)
Adjustments
If
unanticipated circumstances arise in a region, resulting in a significant
change in the economic conditions, student characteristics, graduation rates,
or activities or services provided, the regional partnership may request that
the State partnership adjust the level of performance.
(6)
Calculation
rules
(A)
Wage
records
In measuring progress in labor market-related core
indicators, a State partnership or regional partnership shall use wage records,
consistent with State law and by making arrangements through the Secretary of
Labor, to ensure that the wage records of any State or region are available to
any other State or region to the extent required by the other State or region
to complete the annual report required under this section.
(B)
Reentering
students
If a student exits the education system at any point
during secondary school or postsecondary education, a State partnership or
regional partnership shall include the student in the required performance data
if the student reenrolls in public education before the student attains the age
of 24.
(c)
Reports
(1)
In
general
Each State partnership that receives a grant under this
Act shall annually, for each year of the grant, provide a report to the Center
that includes the progress of the State in accomplishing the performance
measures or benchmarks for the State, which annual report shall include—
(A) information on
the progress each region receiving a career pathways subgrant made in
accomplishing its performance measures;
(B) the costs of the
career pathways activities supported under the implementation grant under
section 102 and any supplemental grants received by the State under title II,
including—
(i) the
type of cost, such as cash, personnel, equipment, supplies, or materials, or
other cost; and
(ii) the sources used
to pay such costs, such as funding from other Federal, State, or local public
programs or private sector or philanthropic contributions, and the dollar value
of the resources leveraged to cover such costs and support the activities;
and
(C) any fiscal and
management accountability information required by the Center, using sound
financial and management practices.
(2)
Valid and
reliable information
In preparing the State reports under this
subsection, each State partnership shall establish procedures, consistent with
guidelines issued by the Center, to ensure that the information contained in
the reports is valid and reliable.
(d)
FERPA
In
carrying out the requirements of this section, each State, State partnership,
and regional partnership shall comply with section 444 of the General Education
Provisions Act (the Family Educational Rights and Privacy Act of 1974) (20
U.S.C. 1232g).
(e)
Availability of
information
The Director shall make the information in the State
partnership reports required under this section available, through publication
and other appropriate methods, to—
(1) the Secretary of
Commerce, the Secretary of Education, and the Secretary of Labor;
(2) the Committee on
Health, Education, Labor, and Pensions of the Senate and the Committee on
Education and Labor of the House of Representatives; and
(3) the
public.
303.
Evaluation and
research
(a)
In
general
The Director is authorized to conduct evaluation and
research, either directly or through grants or contracts, to determine the
effectiveness of the career pathway initiatives under this Act in meeting the
purposes of this Act. Research topics may include—
(1) effective
activities and interventions to engage high school students and help the
students transition to postsecondary education and careers, including improving
outcomes for at-risk youth;
(2) effective
improvements to data systems to better enable States and regions to measure
student academic and career longitudinal outcomes; and
(3) the taxpayer
return on investment in the career pathways initiative under this Act and the
participant return on investment in the career pathways initiatives under this
Act.
(b)
Award
basis
Each grant or contract awarded under subsection (a) that is
in an amount that exceeds $200,000 shall be awarded only on a competitive
basis, except that a noncompetitive award of more than $200,000 may be made in
the case of a project that is funded jointly with other public or private
entities that provide a substantial portion of assistance under the grant or
contract for the project.
(c)
Peer
review
The Center shall utilize a peer review process—
(1) to review all
applications for research and evaluation grants and contracts in excess of
$500,000; and
(2) to review and
designate the exemplary and promising career pathways curricula, practices, and
model approaches.
(d)
Methodology
Evaluations
conducted under this section shall utilize appropriate methodology and research
designs.
(e)
Distribution
Not
later than 60 days after the completion of a final research or evaluation
report under this subsection, the Director shall—
(1) make the final
report available to the public and to the States; and
(2) submit the final
report, accompanied by the recommendations of the Center, as appropriate to the
Secretary of Commerce, the Secretary of Education, and the Secretary of Labor,
and the appropriate committees of Congress.
(f)
Affect on other
programs
The Secretary of Commerce, the Secretary of Education,
and the Secretary of Labor shall take the findings of the evaluation and
research described in this section and the reports under section 302(f) into
account.
304.
Benefits and
labor standards
(a)
In
general
The provisions of subsection (a)(1), paragraphs (2), (3),
and (4) of subsection (b), and subsection (c), of section 181 of the Workforce
Investment Act of 1988 (29 U.S.C. 2931) that apply to individuals participating
in activities under title I of that Act (29 U.S.C. 2801 et seq.), shall apply
in the same manner to individuals participating in programs under this
Act.
(b)
References
For
purposes of the application described in subsection (a), a reference to—
(1) funds or a
recipient of funds under that title shall be considered to be a reference to
funds or a recipient of funds under this Act;
(2) a requirement or
violation of that title shall be considered to be a reference to a requirement
or violation of this Act; and
(3) the Secretary of
Labor shall be considered to be a reference to the Center.
305.
Sunshine
provision
Each State
partnership and regional partnership receiving a grant or subgrant under this
Act shall make available to the public—
(1) on a regular basis through open
meetings—
(A) information about the activities of the
State partnership or regional partnership, respectively, including information
on the State plan under section 101 and how to provide comments prior to the
State partnership's submission of the plan; and
(B) information about the membership of the
State partnership or regional partnership, respectively; and
(2) upon request, the minutes of the formal
meetings of the State partnership or regional partnership, respectively.
306.
Authorization
of appropriations and distribution
(a)
Authorization
of appropriations
There is authorized to be appropriated to the
Center to carry out the activities described in this Act, such sums as may be
necessary for each of the fiscal years 2014 through 2022.
(b)
Distribution
(1)
In
general
Of the amount appropriated under subsection (a) for
fiscal year 2014, the Center shall use—
(A) $12,000,000 to
carry out section 101;
(B) a total of
$600,000,000 to carry out sections 102, 103, and 104;
(C) $300,000,000 to
carry out section 201; and
(D) $18,000,000 to
carry out title III.
(2)
Ratable
reduction
In the event that the amounts appropriated under this
section for fiscal year 2014 is less than the amounts required to carry out
paragraph (1), the Center shall ratably reduce each such amount for such fiscal
year.