§6143. Application

(a) In general

(1) Submission by Governor on behalf of State

Subject to paragraph (2), the Secretaries may not provide an implementation grant under section 6142 of this title to a State unless the Governor of the State, on behalf of the State, submits to the Secretaries an application, at such time, in such form, and containing such information as the Secretaries may reasonably require.

(2) Review and comment by certain individuals and entities

If, after a reasonable effort, the Governor is unable in accordance with subsection (d)(4) of this section to obtain the support of the individuals and entities described in subparagraphs (A) through (J) of subsection (b)(4) of this section for the State plan described in subsection (d) of this section, then the Governor shall-

(A) provide such individuals and entities with copies of such application;

(B) allow such individuals and entities to submit to the Governor, not later than the end of the 30-day period beginning on the date on which the Governor provides such individuals and entities with copies of such application under subparagraph (A), comments on those portions of the plan that address matters that, under State or other applicable law, are under the jurisdiction of such individuals or entities; and

(C) include any such comments in the application in accordance with subsection (b)(5) of this section.

(b) Contents

Such application shall include-

(1) a plan for a comprehensive, statewide School-to-Work Opportunities system that meets the requirements of subsection (d) of this section;

(2) a description of the manner in which the State will allocate funds made available through such a grant to local partnerships under section 6145(b)(7) of this title;

(3) a request, if the State decides to submit such a request, for 1 or more waivers of certain statutory or regulatory requirements, as provided for under subchapter V of this chapter;

(4) a description of the manner in which-

(A) the Governor;

(B) the State educational agency;

(C) the State agency officials responsible for economic development;

(D) the State agency officials responsible for employment;

(E) the State agency officials responsible for job training;

(F) the State agency officials responsible for postsecondary education;

(G) the State agency officials responsible for vocational education;

(H) the State agency officials responsible for vocational rehabilitation;

(I) the individual assigned for the State under section 111(b)(1) of the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2321(b)(1)); ¹

(J) other appropriate officials, including the State human resource investment council established in accordance with title VII of the Job Training Partnership Act (29 U.S.C. 1792 et seq.),¹ if the State has established such a council; and

(K) representatives of the private sector;

collaborated in the development of the application;

(5) the comments submitted to the Governor under subsection (a)(2) of this section, where applicable; and

(6) such other information as the Secretaries may require.

(c) Coordination with Goals 2000: Educate America Act

A State seeking assistance under both this part and the Goals 2000: Educate America Act [20 U.S.C. 5801 et seq.] may-

(1) submit a single application containing plans that meet the requirements of such part and such Act and ensure that the plans are coordinated and not duplicative; or

(2) if such State has already submitted its application for funds under the Goals 2000: Educate America Act, submit its application under this part as an amendment to the Goals 2000: Educate America Act application if such amendment meets the requirements of this part and is coordinated with and not duplicative of the Goals 2000: Educate America Act application.

(d) State plan

A State plan referred to in subsection (b)(1) of this section shall-

(1) designate the geographical areas, including urban and rural areas, to be served by local partnerships that receive grants under section 6145(b) of this title, which geographic areas shall, to the extent feasible, reflect local labor market areas;

(2) describe the manner in which the State will stimulate and support local School-to-Work Opportunities programs and the manner in which the statewide School-to-Work Opportunities system will be expanded over time to cover all geographic areas in the State, including urban and rural areas;

(3) describe the procedure by which the individuals and entities described in subsection (b)(4) of this section will collaborate in the implementation of the School-to-Work Opportunities system;

(4) demonstrate the support of individuals and entities described in subparagraphs (A) through (J) of subsection (b)(4) of this section for the plan, except in the case where the Governor is unable to obtain the support of such individuals and entities as provided in subsection (a)(2) of this section;

(5) describe the manner in which the State has obtained and will continue to obtain the active and continued involvement, in the statewide School-to-Work Opportunities system, of employers and other interested parties such as locally elected officials, secondary schools and postsecondary educational institutions (or related agencies), business associations, industrial extension centers, employees, labor organizations or associations of such organizations, teachers, related services personnel, students, parents, community-based organizations, rehabilitation agencies and organizations, registered apprenticeship agencies, local vocational educational agencies, vocational student organizations, State or regional cooperative education associations, and human service agencies;

(6) describe the manner in which the statewide School-to-Work Opportunities system will coordinate with or integrate local school-to-work programs in existence on or after May 4, 1994, including programs financed from State and private sources, with funds available from such related Federal programs as programs under-

(A) the Adult Education Act (20 U.S.C. 1201 et seq.); ¹

(B) the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2301 et seq.);

(C) the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6301 et seq.];

(D) the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.);

(E) part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) relating to work activities;

(F) the Goals 2000: Educate America Act [20 U.S.C. 5801 et seq.];

(G) the National Skills ² Standards Act of 1994 [20 U.S.C. 5931 et seq.];

(H) the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.);

(I) the Job Training Partnership Act (29 U.S.C. 1501 et seq.); ¹

(J) the Act of August 16, 1937 (commonly known as the "National Apprenticeship Act"; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.);

(K) the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.); and

(L) the National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.);

(7) describe the strategy of the State for providing training for teachers, employers, mentors, counselors, related services personnel, and others, including specialized training and technical support for the counseling and training of women, minorities, and individuals with disabilities for high-skill, high-wage careers in nontraditional employment, and provide assurances of coordination with similar training and technical support under other provisions of law;

(8) describe how the State will adopt, develop, or assist local partnerships to adopt or develop model curricula and innovative instructional methodologies, to be used in the secondary, and where possible, the elementary grades, that integrate academic and vocational learning and promote career awareness, and that are consistent with academic and skill standards established pursuant to the Goals 2000: Educate America Act [20 U.S.C. 5801 et seq.] and the National Skill Standards Act of 1994 [20 U.S.C. 5931 et seq.];

(9) describe how the State will expand and improve career and academic counseling in the elementary and secondary grades, which may include linkages to career counseling and labor market information services outside of the school system;

(10) describe the strategy of the State for integrating academic and vocational education;

(11) describe the resources, including private sector resources, the State intends to employ in maintaining the statewide School-to-Work Opportunities system when funds under this chapter are no longer available;

(12) describe the extent to which the statewide School-to-Work Opportunities system will include programs that will require paid high-quality, work-based learning experiences, and the steps the State will take to generate such paid experiences;

(13) describe the manner in which the State will ensure effective and meaningful opportunities for all students in the State to participate in School-to-Work Opportunities programs;

(14) describe the goals of the State and the methods the State will use, such as awareness and outreach, to ensure opportunities for young women to participate in School-to-Work Opportunities programs in a manner that leads to employment in high-performance, high-paying jobs, including nontraditional employment, and goals to ensure an environment free from racial and sexual harassment;

(15) describe how the State will ensure opportunities for low achieving students, students with disabilities, school dropouts, and academically talented students to participate in School-to-Work Opportunities programs;

(16) describe the process of the State for assessing the skills and knowledge required in career majors, and the process for awarding skill certificates that is, to the extent feasible, consistent with the skills standards certification systems endorsed under the National Skill Standards Act of 1994 [20 U.S.C. 5931 et seq.];

(17) describe the manner in which the State will ensure that students participating in the programs are provided, to the greatest extent possible, with flexibility to develop new career goals over time and to change career majors;

(18) describe the manner in which the State will, to the extent feasible, continue programs funded under subchapter III of this chapter in the statewide School-to-Work Opportunities system;

(19) describe how the State will serve students from rural communities with low population densities;

(20) describe how local School-to-Work Opportunities programs, including those funded under subchapter III of this chapter, if any, will be integrated into the statewide School-to-Work Opportunities system;

(21) describe the performance standards that the State intends to meet in establishing and carrying out the statewide School-to-Work Opportunities system, including how such standards relate to those performance standards established under other related programs;

(22) designate a fiscal agent to receive and be accountable for funds provided from a grant under section 6142 of this title; and

(23) describe the procedures to facilitate the entry of students participating in a School-to-Work Opportunities program into additional training or postsecondary education programs, as well as to facilitate the transfer of the students between education and training programs.

( Pub. L. 103–239, title II, §213, May 4, 1994, 108 Stat. 583 ; Pub. L. 104–193, title I, §110(v), Aug. 22, 1996, 110 Stat. 2175 .)

References in Text

The Carl D. Perkins Vocational and Applied Technology Education Act, referred to in subsecs. (b)(4)(I) and (d)(6)(B), was Pub. L. 88–210, Dec. 18, 1963, 77 Stat. 403 , as amended, which was classified generally to chapter 44 (§2301 et seq.) of this title, prior to being amended generally and renamed the Carl D. Perkins Vocational and Technical Education Act of 1998 by Pub. L. 105–332, §1(b), Oct. 31, 1998, 112 Stat. 3076 . For complete classification of this Act to the Code, see Short Title note set out under section 2301 of this title and Tables.

The Job Training Partnership Act, referred to in subsecs. (b)(4)(J) and (d)(6)(I), is Pub. L. 97–300, Oct. 13, 1982, 96 Stat. 1322 , as amended, which was classified generally to chapter 19 (§1501 et seq.) of Title 29, Labor, and was repealed by Pub. L. 105–220, title I, §199(b)(2), Aug. 7, 1998, 112 Stat. 1059 , effective July 1, 2000. Title VII of the Act was classified to subchapter VI (§1792 et seq.) of chapter 19 of Title 29. Pursuant to section 2940(b) of Title 29, references to a provision of the Job Training Partnership Act, effective Aug. 7, 1998, are deemed to refer to that provision or the corresponding provision of the Workforce Investment Act of 1998, Pub. L. 105–220, Aug. 7, 1998, 112 Stat. 936 , and effective July 1, 2000, are deemed to refer to the corresponding provision of the Workforce Investment Act of 1998. For complete classification of the Job Training Partnership Act to the Code, see Tables. For complete classification of the Workforce Investment Act of 1998 to the Code, see Short Title note set out under section 9201 of this title and Tables.

The Goals 2000: Educate America Act, referred to in subsecs. (c) and (d)(6)(F), (8), is Pub. L. 103–227, Mar. 31, 1994, 108 Stat. 125 (except titles V and IX), as amended, which is classified principally to chapter 68 (§5801 et seq.) of this title (except subchapters V (§5931 et seq.) and IX (§6001 et seq.)). For complete classification of this Act to the Code, see Short Title note set out under section 5801 of this title and Tables.

The Adult Education Act, referred to in subsec. (d)(6)(A), was title III of Pub. L. 89–750, Nov. 3, 1966, 80 Stat. 1216 , as amended, which was classified generally to chapter 30 (§1201 et seq.) of this title, prior to repeal by Pub. L. 105–220, title II, §251(a)(1), Aug. 7, 1998, 112 Stat. 1079 . For complete classification of this Act to the Code, see Tables.

The Elementary and Secondary Education Act of 1965, referred to in subsec. (d)(6)(C), is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27 , as amended generally by Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3519 , which is classified generally to chapter 70 (§6301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6301 of this title and Tables.

The Higher Education Act of 1965, referred to in subsec. (d)(6)(D), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219 , as amended, which is classified principally to chapter 28 (§1001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of this title and Tables.

The Social Security Act, referred to in subsec. (d)(6)(E), is act Aug. 14, 1935, ch. 531, 49 Stat. 620 , as amended. Part A of title IV of the Act is classified generally to part A (§601 et seq.) of subchapter IV of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

The National Skill Standards Act of 1994, referred to in subsec. (d)(6)(G), (8), (16), is title V of Pub. L. 103–227, Mar. 31, 1994, 108 Stat. 191 , which is classified generally to subchapter V (§5931 et seq.) of chapter 68 of this title. For complete classification of this Act to the Code, see section 5931 of this title and Tables.

The Individuals with Disabilities Education Act, referred to in subsec. (d)(6)(H), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175 , as amended, which is classified generally to chapter 33 (§1400 et seq.) of this title. For complete classification of this Act to the Code, see section 1400 of this title and Tables.

Act of August 16, 1937, commonly known as the National Apprenticeship Act, referred to in subsec. (d)(6)(J), is act Aug. 16, 1937, ch. 663, 50 Stat. 664 , as amended, which is classified generally to chapter 4C (§50 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 50 of Title 29 and Tables.

The Rehabilitation Act of 1973, referred to in subsec. (d)(6)(K), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355 , as amended, which is classified principally to chapter 16 (§701 et seq.) of Title 29. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables.

The National and Community Service Act of 1990, referred to in subsec. (d)(6)(L), is Pub. L. 101–610, Nov. 16, 1990, 104 Stat. 3127 , as amended, which is classified principally to chapter 129 (§12501 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 12501 of Title 42 and Tables.

Amendments

1996-Subsec. (d)(6)(E). Pub. L. 104–193 amended subpar. (E) generally. Prior to amendment, subpar. (E) read as follows: "part F of title IV of the Social Security Act (42 U.S.C. 681 et seq.);".

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–193 effective July 1, 1997, with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substantially modified programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to termination of entitlement under AFDC program, see section 116 of Pub. L. 104–193, as amended, set out as an Effective Date note under section 601 of Title 42, The Public Health and Welfare.

Section Referred to in Other Sections

This section is referred to in sections 6103, 6125, 6142, 6144, 6146, 6173, 6192, 6211, 6215 of this title.

¹ See References in Text note below.

² So in original. Probably should be "Skill".