language to be deleted (2) new language
Laws of Minnesota 1993 CHAPTER 335-H.F.No. 10 An act relating to education; establishing a comprehensive youth apprenticeship system; appropriating money; proposing coding for new law as Minnesota Statutes, chapter 126B. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. [126B.01] [PURPOSE.] To better prepare all learners to make transitions between education and employment, a comprehensive system is established to: (1) assist individuals in planning their futures by providing counseling and information about career opportunities; (2) integrate opportunities for work-based learning, including but not limited to occupation-specific apprenticeship programs and community service programs, into the curriculum; (3) promote the efficient use of public and private resources by coordinating elementary, secondary, and post-secondary education with related government programs; and (4) expand educational options available to students through collaborative efforts between secondary institutions, post-secondary institutions, business, industry, organized labor, and other interested parties. Sec. 2. [126B.02] [EDUCATION AND EMPLOYMENT TRANSITIONS COUNCIL.] Subdivision 1. [MEMBERSHIP.] The education and employment transitions council is established composed of the governor or governor's designee; the commissioners of education, labor and industry, and jobs and training; the chancellors of the technical and community colleges; a representative of the higher education coordinating board selected by the board; the president of Minnesota Technology, Inc.; one representative each from the Minnesota education association and the Minnesota federation of teachers; the executive director of the state council on vocational technical education; one representative each from the Minnesota chamber of commerce, the Minnesota business partnership, and the Minnesota high technology council; a service delivery area director appointed by the governor; a business chair of a private industry council appointed by the governor; and two representatives appointed by the Minnesota AFL-CIO. Subd. 2. [PURPOSE.] The council shall assist in developing and implementing youth apprenticeship programs throughout the state and, where feasible, in integrating community service and service learning curriculum into youth apprenticeship programs. The council shall submit a report to the legislature and the governor, annually by January 15, describing the actions taken during the previous calendar year to develop and implement youth apprenticeship programs under this section, what waivers of law, if any, are necessary to accomplish the purposes of this section, and the budget and staffing needs of the programs. Subd. 3. [DUTIES.] The council shall: (1) identify changes that must be made in post-secondary guidance and counselor and vocational education preparation programs to facilitate workforce development; (2) identify means of implementing career awareness and counseling at the elementary level, secondary level, and post-secondary level; (3) ensure that graduation standards are met; (4) identify means of using labor market forecasting to assist individuals engaged in career counseling and vocational education preparation; (5) delineate the role of elementary schools, secondary schools, post-secondary institutions, employers, state agencies, and organized labor in the activities under this act; (6) develop plans to meet the unique needs of sparsely populated areas in establishing a comprehensive youth apprenticeship program; (7) develop plans to meet the unique needs of metropolitan areas in establishing a comprehensive youth apprenticeship program; (8) develop plans to meet the unique needs of students with disabilities in establishing comprehensive youth apprenticeship programs; (9) advise the department of education concerning the implementation of comprehensive youth apprenticeship and youth works programs; (10) approve industry and occupational skill standards recommended by the skills standards committees; and (11) ensure that the comprehensive youth apprenticeship and youth works programs established are consistent with state and federal education, labor, and job training policies including chapter 178 as it applies to youth apprenticeship. Subd. 4. [ADVISORY COMMITTEES.] The council may appoint advisory committees. Sec. 3. [126B.03] [COMPREHENSIVE YOUTH APPRENTICESHIP PROGRAM.] Subdivision 1. [OBJECTIVES.] (a) The education and employment transitions council, with the assistance of the department of education, shall establish a comprehensive youth apprenticeship program to better prepare all learners to make transitions between education and employment. (b) A comprehensive youth apprenticeship program must accomplish the following objectives: (1) provide students with work-based learning in skilled occupations that lead to high skill employment and opportunities for advancement; (2) integrate students' secondary and post-secondary academic instruction and work-related learning so that they may qualify for an apprenticeship or other high skill training program; (3) beginning in junior high school, expand the range of skilled occupations available to students to explore as career options; (4) improve students' qualifications for an apprenticeship or other high skill training program and the opportunity to obtain secondary and post-secondary credit for their program experience; (5) improve students' ability to use academic skills in the workplace; (6) actively encourage women and minority students to participate in apprenticeship or other high skill training programs; (7) increase the number of qualified students preparing to enter skilled industries and occupations and work with employers to improve students' access to such industries and occupations; (8) involve representatives of business, industry, occupations, and organized labor in planning, developing, and evaluating the program, including designing the work-related curriculum; (9) enable employers to assess students' skills and abilities before accepting the students as apprentices or employing them; (10) expand employers' interest in and willingness to invest in training students for skilled occupations; and (11) create a school program that is interesting, enjoyable, and challenging. Subd. 2. [ACADEMIC INSTRUCTION AND WORK-RELATED LEARNING.] (a) A comprehensive youth apprenticeship program must integrate academic instruction and work-related learning in the classroom and at the workplace. Schools, in collaboration with students' employers, must use competency-based measures to evaluate students' progress in the program. Students who successfully complete the program must receive academic and occupational credentials from the participating school. (b) The academic instruction provided as part of a comprehensive youth apprenticeship program must: (1) meet applicable secondary and post-secondary education requirements; (2) enable the students to attain academic proficiency in at least the areas of English, mathematics, history, science, and geography; and (3) where appropriate, modify existing secondary and post-secondary curricula to accommodate the changing needs of the workplace. (c) Work-based learning provided as part of the program must: (1) supply students with knowledge, skills, and abilities based on appropriate, nationally accepted standards in the specific industries and occupations for which the students are trained; (2) offer students structured job training at the worksite, including high quality supervised learning opportunities; (3) foster interactive, team-based learning; (4) encourage sound work habits and behaviors; (5) develop workplace skills, including the ability to manage resources, work productively with others, acquire and use information, understand and master systems, and work with technologies; and (6) where feasible, offer students the opportunity to participate in community service and service learning activities. (d) Worksite learning and experience provided as part of the program must: (1) help youth apprentices achieve the program's academic and work-based learning requirements; (2) pay apprentices for their work; and (3) assist employers to fulfill their commitment to youth apprentices. Subd. 3. [PROGRAM COMPONENTS.] (a) A comprehensive youth apprenticeship program must require representatives of secondary and post-secondary school systems, affected local businesses, industries, occupations and labor, as well as the local community, to be actively and collaboratively involved in advising and managing the program. (b) The entities participating in a program must consult with local private industry councils to ensure that the youth apprenticeship program meets local labor market demands and provides student apprentices with the high skill training necessary for career advancement within an occupation. (c) The program must meet applicable state education requirements and labor standards, provide support services to program participants, and accommodate the integrating of work-related learning and academic instruction through flexible schedules for students and teachers and appropriately modified curriculum. (d) Local employers, collaborating with labor organizations where appropriate, must assist the program by analyzing workplace needs, creating work-related curriculum, employing and adequately paying youth apprentices engaged in work-related learning in the workplace, training youth apprentices to become skilled in an occupation, providing student apprentices with a workplace mentor, periodically informing the school of an apprentice's progress, and making a reasonable effort to employ youth apprentices who successfully complete the program. (e) A student participating in a comprehensive youth apprenticeship program must sign a youth apprenticeship agreement with participating entities that obligates youth apprentices, their parents or guardians, employers, and schools to meet program requirements; indicates how academic instruction, work-based learning, and worksite learning and experience will be integrated; ensures that successful youth apprentices will receive a recognized credential of academic and occupational proficiency; and establishes the wage rate and other benefits for which youth apprentices are eligible while employed during the program. (f) Secondary school principals or counselors or business mentors familiar with the demonstration project must inform entering secondary school students about available occupational and career opportunities and the option of entering a youth apprenticeship program to obtain post-secondary academic and occupational credentials. Sec. 4. [126B.04] [INDUSTRY AND OCCUPATIONAL SKILLS STANDARDS COMMITTEES.] Subdivision 1. [COMMITTEES.] The education and employment transitions council shall establish and convene committees to develop and recommend industry and occupational skill standards for the industries in which apprentices are placed. The industry and occupational skills standards must be consistent with section 3. The committees and the demonstration programs shall operate concurrently. Subd. 2. [MEMBERSHIP.] Committee membership must consist of industry and trade representatives, employer representatives, and educators familiar with the skills, knowledge, and competencies of the industry. The council shall determine the membership of each committee it establishes. Sec. 5. [126B.05] [COMPREHENSIVE YOUTH APPRENTICESHIP DEMONSTRATION PROGRAMS.] The education and employment transitions council, with the assistance of the department of education, shall award planning and implementation grants to establish comprehensive youth apprenticeship demonstration programs. The education and employment transitions council, with the assistance of the department of education, shall establish criteria by September 15, 1993, for evaluating grant proposals. The criteria established must include the components outlined in section 3. The commissioner of education shall develop and publicize the grant application process. The education and employment transitions council shall review and comment on the proposals submitted. A grant applicant must represent secondary and post-secondary school systems and secondary school principals, and should include representatives of affected local businesses, industries and labor, as well as the local community. When the youth apprenticeship program is implemented student funding must be determined according to section 123.3514. Sec. 6. [126B.06] [GENERAL PROVISIONS.] All state and federal laws relating to workplace health and safety apply to youth apprenticeships. The employment of a youth apprentice may not displace or cause any reduction in the number of nonovertime hours worked, wages, or benefits of a currently employed worker. Sec. 7. [APPROPRIATION; DEMONSTRATION PROJECTS.] Subdivision 1. [DEPARTMENT OF EDUCATION.] There is appropriated from the general fund to the department of education for developing and implementing comprehensive youth apprenticeship demonstration programs under section 5: $1,000,000 ... 1994. The appropriation is available until June 30, 1995. Up to $100,000 of this appropriation may be used by the commissioner of the department of education to contract for services to provide technical assistance in creating a clearinghouse for information, recruiting businesses, developing skills standards, developing evaluation criteria, and establishing a databank for youth apprenticeship programs. The appropriation is available until June 30, 1995. The council shall evaluate the projects to determine the extent to which the objectives in Minnesota Statutes, chapter 126B, are realized and recommend to the legislature by January 1, 1995, whether or not such projects should be made available throughout the state. If the council recommends that the projects should be made available statewide, the council also shall recommend an implementation process. The education and employment transitions council shall actively seek a dollar for dollar match in funding or in-kind contributions from nonstate sources, including local program participants. Subd. 2. [DEMONSTRATION PROJECTS.] The education and employment transitions council shall implement the comprehensive youth apprenticeship demonstration programs during the 1994-1995 biennium. Industries and occupations participating in the program must offer youth apprentices entry-level employment during the apprenticeship program period with opportunities for advancing into high skill, high wage positions. Entities participating in the program must make a five-year commitment to effectively implementing a youth apprenticeship program. Presented to the governor May 20, 1993 Signed by the governor May 24, 1993, 12:12 p.m.