§ 6103. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC6103]
TITLE 20--EDUCATION
CHAPTER 69--SCHOOL-TO-WORK OPPORTUNITIES
Sec. 6103. Definitions
As used in this chapter:
(1) All aspects of an industry
The term ``all aspects of an industry'' means all aspects of the
industry or industry sector a student is preparing to enter,
including planning, management, finances, technical and production
skills, underlying principles of technology, labor and community
issues, health and safety issues, and environmental issues, related
to such industry or industry sector.
(2) All students
The term ``all students'' means both male and female students
from a broad range of backgrounds and circumstances, including
disadvantaged students, students with diverse racial, ethnic, or
cultural backgrounds, American Indians, Alaska Natives, Native
Hawaiians, students with disabilities, students with limited-English
proficiency, migrant children, school dropouts, and academically
talented students.
(3) Approved State plan
The term ``approved State plan'' means a statewide School-to-
Work Opportunities system plan that is submitted by a State under
section 6143 of this title, is determined by the Secretaries to
include the program components described in sections 6112 through
6114 of this title and otherwise meet the requirements of this
chapter, and is consistent with the State improvement plan for the
State, if any, under the Goals 2000: Educate America Act [20 U.S.C.
5801 et seq.].
(4) Career guidance and counseling
The term ``career guidance and counseling'' means programs--
(A) that pertain to the body of subject matter and related
techniques and methods organized for the development in
individuals of career awareness, career planning, career
decisionmaking, placement skills, and knowledge and
understanding of local, State, and national occupational,
educational, and labor market needs, trends, and opportunities;
(B) that assist individuals in making and implementing
informed educational and occupational choices; and
(C) that aid students to develop career options with
attention to surmounting gender, race, ethnic, disability,
language, or socioeconomic impediments to career options and
encouraging careers in nontraditional employment.
(5) Career major
The term ``career major'' means a coherent sequence of courses
or field of study that prepares a student for a first job and that--
(A) integrates academic and occupational learning,
integrates school-based and work-based learning, establishes
linkages between secondary schools and postsecondary educational
institutions;
(B) prepares the student for employment in a broad
occupational cluster or industry sector;
(C) typically includes at least 2 years of secondary
education and at least 1 or 2 years of postsecondary education;
(D) provides the students, to the extent practicable, with
strong experience in and understanding of all aspects of the
industry the students are planning to enter;
(E) results in the award of--
(i) a high school diploma or its equivalent, such as--
(I) a general equivalency diploma; or
(II) an alternative diploma or certificate for
students with disabilities for whom such alternative
diploma or certificate is appropriate;
(ii) a certificate or diploma recognizing successful
completion of 1 or 2 years of postsecondary education (if
appropriate); and
(iii) a skill certificate; and
(F) may lead to further education and training, such as
entry into a registered apprenticeship program, or may lead to
admission to a 2- or 4-year college or university.
(6) Community-based organizations
The term ``community-based organizations'' has the meaning given
such term in section 4(5) of the Job Training Partnership Act (29
U.S.C. 1503(5)).\1\
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\1\ See References in Text note below.
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(7) Elementary school
The term ``elementary school'' means a day or residential school
that provides elementary education, as determined under State law.
(8) Employer
The term ``employer'' includes both public and private
employers.
(9) Governor
The term ``Governor'' means the chief executive of a State.
(10) Local educational agency
The term ``local educational agency'' means a public board of
education or other public authority legally constituted within a
State for either administrative control or direction of, or to
perform a service function for, public elementary or secondary
schools in a city, county, township, school district, or other
political subdivision of a State, or such combination of school
districts or counties as are recognized in a State as an
administrative agency for its public elementary or secondary
schools. Such term includes any other public institution or agency
having administrative control and direction of a public elementary
or secondary school.
(11) Local partnership
The term ``local partnership'' means a local entity that is
responsible for local School-to-Work Opportunities programs and
that--
(A) consists of employers, representatives of local
educational agencies and local postsecondary educational
institutions (including representatives of area vocational
education schools, where applicable), local educators (such as
teachers, counselors, or administrators), representatives of
labor organizations or nonmanagerial employee representatives,
and students; and
(B) may include other entities, such as--
(i) employer organizations;
(ii) community-based organizations;
(iii) national trade associations working at the local
levels;
(iv) industrial extension centers;
(v) rehabilitation agencies and organizations;
(vi) registered apprenticeship agencies;
(vii) local vocational education entities;
(viii) proprietary institutions of higher education (as
defined in section 102(b) of the Higher Education Act of
1965 [20 U.S.C. 1002(b)] \2\ that continue to meet the
eligibility and certification requirements under title IV of
such Act (20 U.S.C. 1070 et seq. [and 42 U.S.C. 2751 et
seq.]);
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\2\ So in original. Probably should be followed by a closing
parenthesis.
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(ix) local government agencies;
(x) parent organizations;
(xi) teacher organizations;
(xii) vocational student organizations;
(xiii) private industry councils established under
section 102 of the Job Training Partnership Act (29 U.S.C.
1512); \1\
(xiv) federally recognized Indian tribes, Indian
organizations, and Alaska Native villages within the meaning
of the Alaska Native Claims Settlement Act (43 U.S.C. 1601
et seq.); and
(xv) Native Hawaiian entities.
(12) Postsecondary educational institution
The term ``postsecondary educational institution'' means an
institution of higher education (as such term is defined in section
102 of the Higher Education Act of 1965 [20 U.S.C. 1002]) which
continues to meet the eligibility and certification requirements
under title IV of such Act (20 U.S.C. 1070 et seq. [and 42 U.S.C.
2751 et seq.]).
(13) Registered apprenticeship agency
The term ``registered apprenticeship agency'' means the Bureau
of Apprenticeship and Training in the Department of Labor or a State
apprenticeship agency recognized and approved by the Bureau of
Apprenticeship and Training as the appropriate body for State
registration or approval of local apprenticeship programs and
agreements for Federal purposes.
(14) Registered apprenticeship program
The term ``registered apprenticeship program'' means a program
registered by a registered apprenticeship agency.
(15) Related services
The term ``related services'' includes the types of services
described in section 1401(a)(17) \1\ of this title.
(16) Rural community with low population density
The term ``rural community with low population density'' means a
county, block number area in a nonmetropolitan county, or consortium
of counties or of such block number areas, that has a population
density of 20 or fewer individuals per square mile.
(17) School dropout
The term ``school dropout'' means a youth who is no longer
attending any school and who has not received a secondary school
diploma or a certificate from a program of equivalency for such a
diploma.
(18) School site mentor
The term ``school site mentor'' means a professional employed at
a school who is designated as the advocate for a particular student,
and who works in consultation with classroom teachers, counselors,
related services personnel, and the employer of the student to
design and monitor the progress of the School-to-Work Opportunities
program of the student.
(19) School-to-Work Opportunities program
The term ``School-to-Work Opportunities program'' means a
program that meets the requirements of this chapter, other than a
program described in section 6191(a) of this title.
(20) Secondary school
The term ``secondary school'' means--
(A) a nonprofit day or residential school that provides
secondary education, as determined under State law, except that
it does not include any education provided beyond grade 12; and
(B) a Job Corps center under part B of title IV of the Job
Training Partnership Act (29 U.S.C. 1691 et seq.).\1\
(21) Secretaries
The term ``Secretaries'' means the Secretary of Education and
the Secretary of Labor.
(22) Skill certificate
The term ``skill certificate'' means a portable, industry-
recognized credential issued by a School-to-Work Opportunities
program under an approved State plan, that certifies that a student
has mastered skills at levels that are at least as challenging as
skill standards endorsed by the National Skill Standards Board
established under the National Skill Standards Act of 1994 [20
U.S.C. 5931 et seq.], except that until such skill standards are
developed, the term ``skill certificate'' means a credential issued
under a process described in the approved State plan.
(23) State
The term ``State'' means each of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, American Samoa, Guam,
the Virgin Islands, the Federated States of Micronesia, the Republic
of the Marshall Islands, and the Republic of Palau.
(24) State educational agency
The term ``State educational agency'' means the officer or
agency primarily responsible for the State supervision of public
elementary and secondary schools.
(25) Workplace mentor
The term ``workplace mentor'' means an employee or other
individual, approved by the employer at a workplace, who possesses
the skills and knowledge to be mastered by a student, and who
instructs the student, critiques the performance of the student,
challenges the student to perform well, and works in consultation
with classroom teachers and the employer of the student.
(Pub. L. 103-239, Sec. 4, May 4, 1994, 108 Stat. 572; Pub. L. 103-382,
title III, Sec. 394(j)(1), Oct. 20, 1994, 108 Stat. 4029; Pub. L. 105-
244, title I, Sec. 102(c)(1), Oct. 7, 1998, 112 Stat. 1622.)
References in Text
The Goals 2000: Educate America Act, referred to in par. (3), 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 (Sec. 5801 et
seq.) of this title (except subchapters V (Sec. 5931 et seq.) and IX
(Sec. 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 Higher Education Act of 1965, referred to in pars. (11)(B)(viii)
and (12), is Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as amended.
Title IV of the Act is classified generally to subchapter IV (Sec. 1070
et seq.) of chapter 28 of this title and part C (Sec. 2751 et seq.) of
subchapter I of chapter 34 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 1001 of this title and Tables.
The Alaska Native Claims Settlement Act, referred to in par.
(11)(B)(xiv), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as
amended, which is classified generally to chapter 33 (Sec. 1601 et seq.)
of Title 43, Public Lands. For complete classification of this Act to
the Code, see Short Title note set out under section 1601 of Title 43
and Tables.
Section 1401(a)(17) of this title, referred to in par. (15), was in
the original a reference to section 602(a)(17) of the Individuals with
Disabilities Education Act, Pub. L. 91-230, title VI. Section 602 of
Pub. L. 91-230 was omitted in the general amendment of subchapter I of
chapter 33 of this title by Pub. L. 105-17, title I, Sec. 101, June 4,
1997, 111 Stat. 37. Pub. L. 105-17 enacted a new section 602 of Pub. L.
91-230, which is classified to section 1401 of this title, and which
contains provisions defining ``related services''.
The Job Training Partnership Act, referred to in pars. (6),
(11)(B)(xiii), and (20)(B), is Pub. L. 97-300, Oct. 13, 1982, 96 Stat.
1322, as amended, which was repealed by Pub. L. 105-220, title I,
Sec. 199(b)(2), (c)(2)(B), Aug. 7, 1998, 112 Stat. 1059, effective July
1, 2000. Part B of title IV of the Act was classified generally to part
B (Sec. 1691 et seq.) of subchapter IV of chapter 19 of Title 29, Labor,
and sections 4 and 102 of the Act were classified to sections 1503 and
1512, respectively, 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 National Skill Standards Act of 1994, referred to in par. (22),
is title V of Pub. L. 103-227, Mar. 31, 1994, 108 Stat. 191, which is
classified generally to subchapter V (Sec. 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.
Amendments
1998--Par. (11)(B)(viii). Pub. L. 105-244, Sec. 102(c)(1)(A),
substituted ``section 102(b)'' for ``section 481(b)''.
Par. (12). Pub. L. 105-244, Sec. 102(c)(1)(B), substituted ``section
102'' for ``section 481''.
1994--Par. (15). Pub. L. 103-382 substituted ``section 1401(a)(17)''
for ``section 1401(17)''.
Effective Date of 1998 Amendment
Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as
otherwise provided in Pub. L. 105-244, see section 3 of Pub. L. 105-244,
set out as a note under section 1001 of this title.