Report Title:
School-to-Work; Transfer from DOE to DLIR
Description:
Transfers the school-to-work transition program, including the advisory council, staff, and equipment, from the department of education to the department of labor and industrial relations.
THE SENATE |
S.B. NO. |
1697 |
TWENTY-SECOND LEGISLATURE, 2003 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to transition TO WORK.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. In 1984, the transition to work program was established within the department of labor and industrial relations (DLIR). The program incorporated the department's Quick Kokua program and career resource centers which provided school-based counseling and other services to high school students to assist the students in transitioning from school to the workforce or higher education. In 1996, the program was transferred to the department of education (DOE) which housed the program's transition centers in public school facilities.
The school-to-work initiative received a boost in the mid-1990s with the passage of the federal School-to-Work Opportunities Act of 1994, which provided implementation grants to the states to facilitate the incorporation of school-to-work principles into state educational systems. Hawaii received over $10 million over a five-year period under the Act, and in 1997, established a school-to-work opportunities pilot program and executive council. Although the federal law sunsetted in October, 2001, many states, including Hawaii, chose to continue
their school-to-work initiatives. Act 310, Session Laws of Hawaii 2001, set forth the legislature's intent to continue the development of a school-to-work system in Hawaii, added representation to the executive council from the board of education and the board of regents of the University of Hawaii, and modified the council's role from one of governing to one of advising the DOE and advocating on behalf of the program.
According to the National Conference of State Legislatures, several states, including Florida, Iowa, Kentucky, Minnesota, Oregon, Texas, and Wisconsin, have acknowledged the importance of linking school-to-work initiatives with workforce development initiatives by establishing laws that relate school-to-work policy with their respective workforce investment councils. The legislature also believes that school-to-work efforts should be an integral component of the State's workforce development reform, particularly in light of the enactment of the federal Workforce Investment Act of 1998 (WIA).
The WIA, which supersedes the Job Training Partnership Act, requires the states to develop a comprehensive workforce investment system that streamlines and coordinates the delivery of multiple employment, education, and training programs. State workforce investment boards are charged with developing a five-year strategic implementation plan, and one of the key components of the system is improved youth programs that are linked more closely to local labor market needs and community youth programs and services, with strong connections between academic and occupational learning.
The legislature further finds that under section 202-1, Hawaii Revised Statutes, the DLIR's workforce development council is charged with fulfilling "the functions of the state workforce investment board for purposes of the federal Workforce Investment Act of 1998, Public Law No. 105-220." Since the development of improved youth programs is a key component of the council's duty to prepare a comprehensive state plan for workforce development, the legislature further finds that DLIR, rather than DOE, is the appropriate agency to oversee and administer the State's school-to-work program.
The purpose of this Act is to transfer the school-to-work program from the department of education to the department of labor and industrial relations.
SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to title 21 to be appropriately designated and to read as follows:
"Chapter
TRANSITION to work
§ -1 Transition to work program; established. There is established within the department of labor and industrial relations for administrative purposes, the transition to work program.
§ -2 Definitions. For purposes of this chapter:
"Department" means the department of labor and industrial relations.
` § -3 Powers and duties. The transition to work program shall provide for the delivery of integrated services to assist high school students in successfully transitioning from school to work or to postsecondary training and education.
§ -4 Hawaii transition to work council; establishment; composition. (a) There is established a Hawaii transition to work council. The members of the council shall be appointed by the governor. The council shall consist of up to, but not more than, twenty-one members. Council membership shall consist of:
(1) Six executive heads of state agencies, serving as ex officio voting members:
(A) The director of the department of labor and industrial relations;
(B) The superintendent of education;
(C) The president of the University of Hawaii;
(D) The state director for career and technical education; and
(E) The directors of the department of business, economic development and tourism and department of human services; and
(2) A member of:
(A) The board of education designated by the chairperson of the board of education; and
(B) The board of regents of the University of Hawaii designated by the chair of the board of regents.
A student member and a voting majority representing business, industry, labor, and community organizations that include regional representations from all counties shall be appointed pursuant to section 26-34.
(b) The length of service for:
(1) The directors of departments of the State represented on the council shall be limited to the terms of their cabinet appointments;
(2) The terms of the superintendent of education, the president of the University of Hawaii, and the state director for career and technical education shall be limited to their terms of office;
(3) The terms of the board of education and board of regents members shall be at the discretion of the chairs of the respective boards; and
(4) The terms of all non-state agency head members shall be for three years, commencing on July 1, of the first year and ending on June 30, of the third year.
Terms shall be staggered with one-third of the members being appointed in each fiscal year.
(c) Vacancies shall be filled by the governor for the unexpired term. The governor shall appoint as chairperson of the council a member other than a state agency head or a board of education or board of regents member who shall be recommended by the council.
(d) The council members shall serve without pay but shall be entitled to their traveling expenses within the State when attending meetings of the council or when actually engaged in business relating to the work of the council.
§ -5 Powers of the council. The powers of the Hawaii transition to work council shall include but not be limited to:
(1) Establishing and setting the general directions for the Hawaii transition to work system and serving as advocate for the system;
(2) Advising the department on the appointment of staff;
(3) Establishing rules and procedures regarding its membership and operations;
(4) Seeking federal, state, and private resources;
(5) Approving expenditure plans and award grants/contracts from moneys secured through the transition to work council/office to districts/local school/business partnerships. Approval of expenditure plans and awarding of grants/contracts shall be consistent with department of labor and industrial relations policy;
(6) Ratifying the establishment of all necessary standing and ad hoc committees; and
(7) Engaging in such activities as may be necessary or desirable to implement the functions of the council and mandates of the Workforce Investment Act of 1998.
§ -6 Staff. The department may appoint such staff as deemed necessary, not subject to chapters 76 and 89, to carry out the functions and duties of the Hawaii transition to work council.
§ -7 Contracts. The Hawaii transition to work council may advise the department to make, execute, enter into, amend, supplement, and carry out contracts, and all other instruments the council finds are necessary or convenient for the fulfillment of its functions and duties.
§ -9 Coverage for workers' compensation. Whenever a student participating in a work-based learning program sponsored by the department undertakes to perform work for a private employer as part of the student's transition to work program, whether paid or unpaid, the State shall be deemed to be the responsible employer for the purposes of workers' compensation coverage, that shall be the student's exclusive remedy to the same extent as provided for in chapter 386 as against the State and the private employer participating in the program."
SECTION 3. Act 254, Session Laws of Hawaii 2001, is amended by amending section 1 to read as follows:
"SECTION 1. The legislature finds that education is a top priority in all fifty states. In the twenty-first state legislature, two great possibilities exist for Hawaii's students in the new economy: schools that have fully integrated workforce readiness proficiencies in their curricula and realization of the full potential of private/public partnerships. These possibilities directly link to the mission of the school-to-work system which is to develop an educational system involving partnerships to link educational experiences with career opportunity and community, thereby helping Hawaii students achieve their potential.
From 1996 to 1999 state and regional partnerships supporting school-based and work-based learning produced exemplary accomplishments which directly benefited our students:
(1) Sixty-three school-based enterprises have been reported from elementary, middle, and high schools, including enterprises such as food service, networking installation, hydroponic produce, and web design. In all situations, students are in charge of all aspects of running a small business including planning, marketing, production, and sales;
(2) Four community colleges and eleven high schools have been involved in the CISCO academies. To date, several hundred students have received training in networking equipment and network management. The students have already started to use the knowledge and skills learned in the academies to set up networks for their schools, other schools, and their communities;
(3) Groundhog job-shadow day has involved over one thousand eight hundred students and teachers throughout the State in the last two years. In this one-day activity, participants have had the opportunity to explore career interests;
(4) Since the enactment of Act 344 in 1997, a total of four hundred fourteen private businesses have been safety-surveyed and approved as safe sites for school-to-work learning activities;
(5) Twenty-four local partnerships have been established between one thousand three hundred different employers and Hawaii schools, including 99.9 per cent of public schools, ten, two- or four-year colleges, and several private post-secondary institutions;
(6) Approximately eight per cent of secondary school students participated in job shadowing, two per cent participated in mentoring activities, two per cent participated in paid or unpaid internships, and fourteen per cent participated in school-based enterprises, community service, or service learning in 1997-1999;
(7) The running start program allows qualifying juniors and seniors in high school to take college-level courses and receive both high school and college credit; and
(8) Ninety teachers have been trained in complex, integrated, real-world projects that are academically rigorous, relevant to students and the community, and empowering to over ten thousand students.
School-to-career initiatives enhance the achievement of academic, performance, and industry standards. School-to-career initiatives improve academic rigor through relevant, real-world experiences by integrating school-based learning, work-based learning, and information technology with the formal academic, career, and technical education curriculum. To sustain and further develop a strong school-to-career development system for kindergarten to grade twelve students, Hawaii must support youths with career guidance, intraagency help in developing careers, and networks of support that serve as the foundation for lifelong learning.
Past and present members of the Hawaii state school-to-work executive council believe that a career development system establishes much-needed cohesion, coherence, and infrastructure from kindergarten to postsecondary levels. However, federal grant moneys for the state school-to-work system [end] ended on October 1, 2001.
The legislature recognizes the importance of preparing students for an economy that demands strong academic, employability, and technical skills. The purpose of this Act is to support the operational transition from the current Hawaii school-to-work office to the career development system. These are urgent goals requiring the development and implementation of a plan that integrates existing programs such as vocational education, career guidance, transition centers, learning centers, academies, and alternative programs into one coherent career development system.
Establishment of a career development system within the department of [education] labor and industrial relations will encourage collaboration towards enabling all students to earn transferable/portable credentials, prepare them for jobs in highly skilled careers, and increase the opportunities for further education, including four-year colleges and universities."
SECTION 4. Act 254, Session Laws of Hawaii 2001, is amended by amending section 3 to read as follows:
"SECTION 3. The Hawaii state [school-to-work department of education's] transition to work plan shall address the findings and declarations in section 2 by developing targeted programs that are consistent with department of [education] labor and industrial relations policies and initiatives:
(1) Career pathways delivery models. The [school-to-work] transition to work executive director shall administer a grant award program for local partnerships that meets specific requirements. Detailed plans submitted shall be a part of each school's Standards Implementation Design (SID) and may include provisions for the following:
(A) Academies, smaller learning communities, and blended classrooms which focus on a career path with postsecondary alignment emphasizing learning options for all students;
(B) Career paths which emphasize integrated academic and technical learning, project-based learning, information technology, work-based learning, and collaborations with post-secondary and business partners;
(C) All students shall be eligible and have access to the activities;
(D) The ability to provide school-based learning, work-based learning, and service learning at an appropriate level for each local partnership; and
(E) Accountability measurements that demonstrate increased academic performance, decreased dropout rates, and improved transitions to appropriate employment, apprenticeships, and post-secondary institutions.
Funds shall be awarded through a competitive grant process, and technical assistance shall be coordinated by the career development transition office;
(2) Career development centers. A career center shall be located in high schools as funding becomes available. The career centers shall provide group career activities, individual career guidance, information about careers, post-high school training programs, and educational options to students, parents, and staff;
(3) Technical and professional training for staff. The career development plan shall include professional development activities which integrate curriculum with work-based connections and student-centered assessment. A priority shall be placed on project-based learning, including information technology; and
(4) Career development system transition. The current Hawaii [school-to-work] transition to work office, the office of the state director for career and technical education, and the department of [education's] labor and industrial relations' career and technical education staff shall facilitate the transition to a systems approach for career development by:
(A) Identifying an interagency partnership which may include chambers of commerce, the department of [labor and industrial relations,] education, department of business, economic development, and tourism, department of human services, director of career and technical education, Hawaii Business Roundtable, Workforce Development, and the University of Hawaii to facilitate the transition to a career development system that is supportive of the [department's] department of education's strategic plan for standards-based education;
(B) Defining the career development system within the organizational structure of the department of [education;] labor and industrial relations;
(C) Pooling and aligning partnership resources for the career development system;
(D) Developing and implementing the career pathway delivery model grant process;
(E) Providing technical assistance to the awardees of the grants and to participating schools and agencies;
(F) Recruiting business partners to participate in the career pathway delivery model grant process; and
(G) Coordinating professional development for project-based learning and the integration of academic and technical learning."
SECTION 5. Sections 302A-431.5 to 302A-431.6, Hawaii Revised Statutes, are repealed.
"[[§302A-431.5] School-to-work transition program; established. There is established within the department of education a school-to-work transition program.
[§302A-431.6] Powers and duties. The school-to-work transition program shall provide for the continued delivery of integrated services directed at assisting high school students toward successfully completing their transition from school to work, or to further their training and education.]"
SECTION 6. Chapter 302A, part II, subpart E, Hawaii Revised Statutes, is repealed.
SECTION 7. All rights, powers, functions, and duties of the department of education with respect to the school-to-work transition program are transferred to the department of labor and industrial relations.
All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.
No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and such officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; and provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.
An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that such officer or employee possesses the minimum qualifications for the position to which transferred or appointed.
If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.
SECTION 8. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the department of education relating to the functions transferred to the department of labor and industrial relations shall be transferred with the functions to which they relate.
SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 10. This Act shall take effect on July 1, 2003.
INTRODUCED BY: |
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