1 HB241
2 215678-1
3 By Representatives Collins, Ball, Robertson, Moore (P), Estes,
4 Wood (D), Kitchens, Hurst, Meadows, Shiver, Baker, Stadthagen,
5 Ledbetter and Faulkner
6 RFD: Education Policy
7 First Read: 02-FEB-22
Page 0 1 215678-1:n:02/01/2022:KMS/cr LSA2021-1931
2
3
4
5
6
7
8 SYNOPSIS: This bill would establish the Alabama
9 Credential Quality and Transparency Act and the
10 Alabama Workforce Council Committee on Credential
11 Quality and Transparency; would establish the
12 Alabama Terminal on Linking and Analyzing
13 Statistics (ATLAS) on Career Pathways Act; and
14 would establish the Alabama College and Career
15 Readiness Act.
16 This bill would provide for full, free,
17 open, public, and interoperable essential data
18 about all educational and occupational credentials
19 and competencies available to the residents of the
20 state.
21 This bill would provide a database through
22 which students, job seekers, and employers may
23 search, compare, and analyze common information
24 about credentials and competencies before making
25 decisions about the quality and value of
26 credentials and the education and workforce
27 programs related to those credentials.
Page 1 1 This bill would also establish a statewide
2 definition of college and career readiness.
3 Amendment 621 of the Constitution of Alabama
4 of 1901, as amended by Amendment 890, now appearing
5 as Section 111.05 of the Official Recompilation of
6 the Constitution of Alabama of 1901, prohibits a
7 general law whose purpose or effect would be to
8 require a new or increased expenditure of local
9 funds from becoming effective with regard to a
10 local governmental entity without enactment by a
11 2/3 vote unless: it comes within one of a number of
12 specified exceptions; it is approved by the
13 affected entity; or the Legislature appropriates
14 funds, or provides a local source of revenue, to
15 the entity for the purpose.
16 The purpose or effect of this bill would be
17 to require a new or increased expenditure of local
18 funds within the meaning of the amendment. However,
19 the bill does not require approval of a local
20 governmental entity or enactment by a 2/3 vote to
21 become effective because it comes within one of the
22 specified exceptions contained in the amendment.
23
24 A BILL
25 TO BE ENTITLED
26 AN ACT
27
Page 2 1 Relating to credentials and the workforce; to create
2 the Alabama Credential Quality and Transparency Act as a new
3 Division 9, commencing with Section 41-29-350, Article 3,
4 Chapter 29, Title 41, Code of Alabama 1975; to establish the
5 Alabama Workforce Council Committee on Credential Quality and
6 Transparency; to provide for full, free, open, public, and
7 interoperable essential data about all educational and
8 occupational credentials and competencies available to the
9 residents of the state; to create the Alabama Terminal on
10 Linking and Analyzing Statistics (ATLAS) on Career Pathways
11 Act as a new Division 10, commencing with Section 41-29-360,
12 Article 3, Chapter 29, Title 41, Code of Alabama 1975; to
13 provide a database through which students, job seekers, and
14 employers may search, compare, and analyze common information
15 about credentials and competencies before making decisions
16 about the quality and value of credentials and the education
17 and workforce programs related to those credentials; to
18 establish the Alabama College and Career Readiness Act by
19 adding Section 41-29-298 to the Code of Alabama 1975; relating
20 to education, credentials, and the workforce; to establish a
21 statewide definition of college and career readiness and for
22 other purposes relating to workforce development; and in
23 connection therewith to have as its purpose or effect the
24 requirement of a new or increased expenditure of local funds
25 within the meaning of Amendment 621 of the Constitution of
26 Alabama of 1901, as amended by Amendment 890, now appearing as
Page 3 1 Section 111.05 of the Official Recompilation of the
2 Constitution of Alabama of 1901, as amended.
3 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
4 Section 1. Division 9, commencing with Section
5 41-29-350, is added to Article 3, Chapter 29, Title 41 of the
6 Code of Alabama 1975, to read as follows:
7 §41-29-350.
8 This division shall be known and may be cited as the
9 Alabama Credential Quality and Transparency Act.
10 §41-29-351.
11 The Legislature finds and declares all of the
12 following:
13 (1) With nearly 1,000,000 unique credentials in the
14 United States, and at least 5,000 available from Alabama-based
15 providers alone, too many Alabamians do not know which
16 credentials lead to desired outcomes, and employers are unable
17 to understand what skills workers bring to a job.
18 (2) It is critical for credential providers to
19 publish credentials to the Alabama Credential Registry in
20 searchable and comparable formats using a common schema
21 aligned with national standards and trends.
22 (3) There is a need for better, consistent, and
23 transparent data about credentials and their outcomes in the
24 state to more accurately enable the Alabama Committee on
25 Credentialing and Career Pathways to identify credentials of
26 value.
27 §41-29-352.
Page 4 1 For the purposes of this division, the following
2 terms shall have the following meanings:
3 (1) COMMITTEE. The Alabama Workforce Council
4 Committee on Credential Quality and Transparency.
5 (2) COMPETENCY. A description of measurable or
6 observable knowledge, skills, and abilities necessary for the
7 successful performance of a task in a given context.
8 (3) CONSUMER. Includes, but is not limited to,
9 students, learners, workers, unemployed individuals, veterans,
10 employers, educators, counselors, program administrators,
11 policy makers, advocates, researchers, parents, and other
12 individuals who are invested in understanding the quality and
13 value of credentials and competencies in the education and
14 employment marketplace.
15 (4) CREDENTIAL. A qualification, achievement, or
16 recognition of competence by an external entity used to
17 indicate suitability through mastery of competencies
18 associated with the credential. For the purposes of this
19 division, credentials include, but are not limited to,
20 diplomas, microcredentials, badges, certificates, industry
21 recognized and registered apprenticeship certificates of
22 completions, occupational licenses, certifications, and
23 degrees of all types and levels.
24 (5) CREDENTIAL PROVIDER. Any organization that owns,
25 offers, or issues an educational or occupational credential to
26 an individual.
Page 5 1 (6) CREDENTIAL REGISTRY. The virtual repository of
2 Alabama competency and credential data, accessible to
3 credential providers and the public through an online profile.
4 (7) DYNAMIC CAREER PATHWAY. A career pathway that is
5 approved by the committee and that includes a sequence of
6 occupations that are included on the statewide and regional
7 lists of in-demand occupations and occupations that are part
8 of the dynamic career pathway but are not on a regional or
9 statewide list of in-demand occupations.
10 (8) OCCUPATIONAL ONTOLOGY. The tiered system for
11 classifying competencies and credentials based on their
12 alignment with specific occupations.
13 §41-29-353.
14 (a) The Alabama Workforce Council Committee on
15 Credential Quality and Transparency is established as a
16 committee of the Alabama Workforce Council to advise the
17 Alabama Committee on Credentialing and Career Pathways on
18 making credential and competency data collected through the
19 Alabama Credential Registry publicly available, searchable,
20 comparable, and interoperable using open specifications and
21 linked data formats, including credential transparency
22 description language specifications.
23 (b) The committee shall be composed of the following
24 members:
25 (1) One representative from each of the technical
26 advisory committees of the Alabama Committee on Credentialing
27 and Career Pathways.
Page 6 1 (2) The Governor, or his or her designee, who shall
2 chair the committee, shall vote only in the case of a tie, and
3 may not make or second motions.
4 (3) The Secretary of the Department of Early
5 Childhood Education, or his or her designee.
6 (4) The State Superintendent of Education, or his or
7 her designee.
8 (5) The Executive Director of the Alabama Commission
9 on Higher Education, or his or her designee.
10 (6) The Chancellor of the Alabama Community College
11 System, or his or her designee.
12 (7) The Secretary of the Department of Commerce, of
13 his or her designee.
14 (8) The Secretary of Labor, or his or her designee.
15 (9) The Commissioner of the Department of
16 Rehabilitation Services, or his or her designee.
17 (c) The committee, no later than June 30, 2023, and
18 the 30th day of the month of June in each consecutive year,
19 shall provide to the Alabama Committee on Credentialing and
20 Career Pathways, an annual, up-to-date list of credentials of
21 value, to be known as the compendium of valuable credentials,
22 for each of the industry sectors. Based on recommendations
23 provided by the Office of Education and Workforce Statistics,
24 the committee shall review each credential, newly published or
25 revised, to the Alabama Credential Registry, on a continuing
26 basis and at least annually, against the quality assurance
27 criteria as determined by the Alabama Committee on
Page 7 1 Credentialing and Career Pathways, and shall classify each
2 credential registered to the Alabama Credential Registry,
3 along with its associated competencies, using the Alabama
4 Occupational Ontology.
5 (d) The committee shall ensure that open credential
6 and competency data is included in, used for, and benefits all
7 of the following:
8 (1) Providing data to improve navigations and
9 guidance tools for the state to identify education and career
10 pathways that lead to economic self-sufficiency, including the
11 Alabama College and Career Exploration Tool.
12 (2) Providing data to improve the process used by
13 the Alabama Committee on Credentialing and Career Pathways to
14 identify credentials of value.
15 (3) Providing data to be used to determine the
16 return on investment for programs and credentials.
17 (4) Providing data on identifying gaps in the
18 availability of high-quality credentials in the state.
19 (5) Providing data to align education and workforce
20 credentials.
21 §41-29-354.
22 (a) Essential information to maximize informed
23 consumer decisions about all nondegree workforce and
24 occupational credentials and their associated competencies,
25 costs, career pathways, process and outcome-based quality
26 assurance indicators, assessments that are delivered, issued,
27 funded, authorized, overseen, or governed in the state using
Page 8 1 funding from the Education Trust Fund, the Workforce
2 Innovation and Opportunity Act (P.L. 113-128), licenses issued
3 by any state occupational licensing board or commission, the
4 Carl D. Perkins Career and Technical Education Act of 2006
5 (P.L. 115-224), or the state approving agency for veterans
6 education and training shall be made publicly available,
7 searchable, comparable, and interoperable using open
8 specifications and linked data formats including credential
9 transparency description language specifications and the
10 annual publication of all educational and occupational
11 credentials, and their associated competencies, to the Alabama
12 Credential Registry.
13 (b) The format and specifications for making all
14 educational and occupational credentials and their associated
15 competencies public, open, and interoperable shall be approved
16 by the committee, be aligned with widely recognized and
17 adopted standards, and allow for open access across sectors
18 and platforms. The information shall be human-readable,
19 machine-actionable, current, accurate, and maintained on the
20 Alabama Credential Registry.
21 (c) The committee shall coordinate the requirements
22 of this section to ensure that all required data collected
23 through the Alabama Credential Registry is made public in
24 required formats on the Alabama Credential Registry.
25 §41-29-355.
26 (a) All data published to the Alabama Credential
27 Registry in the required open formats and with the data
Page 9 1 elements described in this division shall be fully available
2 to the public for open use. The data required under this
3 division shall not include any personally identifiable
4 information.
5 (b) No later than January 1, 2023, secondary and
6 postsecondary career and technical education credentials
7 funded through the Carl D. Perkins Career and Technical
8 Education Act of 2006 (P.L. 115-224) and programs listed on
9 the eligible training provider list funded through the
10 Workforce Innovation and Opportunity Act (P.L. 113-128) shall
11 be registered to the compendium of valuable credentials
12 adopted by the Alabama Committee on Credentialing and Career
13 Pathways and aligned to the Alabama Committee on Credentialing
14 and Career Pathways statewide and regional lists of in-demand
15 jobs or dynamic career pathways, or both.
16 (c) All credential and competency data published to
17 the Alabama Credential Registry shall satisfy the requirements
18 of this division on, or before, January 1, 2023.
19 Section 2. Division 10, commencing with Section
20 41-29-360, is added to Article 3, Chapter 29, Title 41 of the
21 Code of Alabama 1975, to read as follows:
22 §41-29-360.
23 (a) This division shall be known and may be cited as
24 the Alabama Terminal on Linking and Analyzing Statistics
25 (ATLAS) on Career Pathways Act.
26 (b) For the purposes of this division, the following
27 terms shall have the following meanings:
Page 10 1 (1) AGGREGATED DATA. Information produced by
2 combining unit-record data from one or more sources into
3 summary form for the purpose of analysis or public reporting,
4 or both.
5 (2) COUNCIL. The P-20W Council.
6 (3) DE-IDENTIFICATION. The removal of personally
7 identifiable information and other unique characteristics from
8 data so the data may be analyzed without disclosing the
9 identity of the associated individual.
10 (4) FAMILY EDUCATION RIGHTS AND PRIVACY ACT (FERPA)
11 (20 U.S.C. § 1232g; 34 C.F.R. Part 99). A federal law that
12 protects the privacy of student education records, applying to
13 all entities that receive funds through the United States
14 Department of Education.
15 (5) OFFICE. The Office of Education and Workforce
16 Statistics.
17 (6) P-20W. An abbreviation signifying the education
18 to workforce continuum, where P represents preschool, 20
19 represents kindergarten through graduate school, and W
20 represents workforce.
21 (7) PERSONALLY IDENTIFIABLE INFORMATION. A data
22 element, or combination of data elements, contained in an
23 electronic record that identifies an individual. Under the
24 federal Family Education Rights and Privacy Act (FERPA), the
25 term means identifiable information that is maintained
26 in education records, including direct identifiers, such as
27 the name or identification number of the student, indirect
Page 11 1 identifiers, such as the date of birth of the student, or
2 other information which may be used to distinguish or trace
3 the identity of an individual, either directly or indirectly,
4 through linkages with other information.
5 (8) STUDENT DATA.
6 a. Data relating to student performance including
7 all of the following:
8 1. State and national assessments.
9 2. Course taking and completion.
10 3. Grade point average.
11 4. Remediation.
12 5. Retention.
13 6. Special population status as defined by the
14 Alabama Workforce Innovation and Opportunity Act state plan.
15 7. Degree, diploma, or credential attainment.
16 8. Enrollment and absenteeism data.
17 9. Demographic data.
18 10. Suspension and expulsion records.
19 11. Student financial aid data.
20 b. Student data does not include any of the
21 following:
22 1. Juvenile delinquency records.
23 2. Criminal records.
24 3. Medical and health records.
25 (9) SYSTEM. The Alabama Terminal on Linking and
26 Analyzing Statistics (ATLAS) on Career Pathways longitudinal
27 database system.
Page 12 1 (10) WORKFORCE DATA. Data relating to any of the
2 following:
3 a. Employment status.
4 b. Wage information.
5 c. Special population status as defined by the
6 Alabama Workforce Innovation and Opportunity Act state plan.
7 d. Geographic location of employment.
8 e. Industry or occupation, or both.
9 §41-29-361.
10 The Alabama Terminal on Linking and Analyzing
11 Statistics (ATLAS) on Career Pathways System is established as
12 a secure system to exchange and match individual-level
13 education and workforce data from partner agencies while
14 upholding legal protections to ensure the privacy and security
15 of personally identifiable information. The system makes it
16 possible to match data from various agencies and programs over
17 time to create longitudinal records that may then be
18 aggregated and analyzed to assist policy makers with
19 developing strategies to improve education and workforce
20 outcomes. The system shall generate timely and accurate
21 information on education and training programs to empower
22 students, families, and employers with information to make
23 decisions best suited for their individual needs and to
24 improve the education and training systems at all levels. The
25 system shall be configured in the following manner:
26 (1) All information matched from partner agencies
27 shall be collected, safeguarded, kept confidential, and used
Page 13 1 only by the Office of Education and Workforce Statistics in
2 accordance with this division and other state and federal law.
3 (2) Each partner entity shall retain ownership of
4 any data it provides to the system. To that end, all of the
5 following shall apply:
6 a. A partner entity may not have access to data
7 owned by another partner entity unless a data request is
8 approved unanimously by the P-20W Council.
9 b. Nothing in this division or P-20W Council rule or
10 policy may prevent partners from engaging in direct data
11 sharing agreements with other partners or with external
12 entities, so long as the data to be shared is owned by the
13 contracting parties.
14 (3) The system shall serve as a data linkage that
15 connects student and workforce data provided by P-20W Council
16 member agencies.
17 (4) The system shall conduct research relating to
18 all of the following:
19 a. The effectiveness of state and federal education
20 and workforce programs.
21 b. The performance of education preparation
22 programs.
23 c. Instructional practices, education program
24 design, and curriculum alignment.
25 d. Fulfilling data requests required for state and
26 federal reporting.
27 e. The research agenda adopted by the P-20W Council.
Page 14 1 f. Fulfilling research requests from external
2 researchers or stakeholders that are unanimously approved by
3 the P-20W Council.
4 §41-29-362.
5 (a) The P-20W Council is established to govern the
6 system.
7 (b) The membership of the council shall consist of
8 all of the following:
9 (1) The Governor, or his or her designee, who shall
10 serve as chair of the council.
11 (2) Each partner agency head, or designee, who has
12 signed a memorandum of understanding to share data with the
13 system.
14 (3) The Chair of the House Ways and Means Education
15 Committee.
16 (4) The Chair of the Senate Finance and Taxation
17 Education Committee.
18 (5) The Chair of the Alabama Workforce Council.
19 (6) Up to four members of the general public, who
20 are experienced in education and workforce data and
21 statistics, who shall be appointed by the Governor and serve
22 at the pleasure of the Governor.
23 (c) The council shall perform all of the following
24 duties:
25 (1) Develop a strategic plan, using a process that
26 is inclusive of the P-20W Council and all relevant
27 stakeholders, that includes a vision for all of the following:
Page 15 1 a. Increasing data matching efficiencies.
2 b. Creating publicly available data visualization
3 and research tools.
4 c. Making aggregated data available to authorized
5 entities in a timely manner.
6 d. Creating a secure portal for authorized personnel
7 of the P-20W Council to transmit data to the Office of
8 Education and Workforce Statistics.
9 (2) Oversee the development, adoption, and
10 implementation of rules and policies to govern the proceedings
11 of the council, the office, and the system.
12 (3) Oversee compliance regarding the protection of
13 data shared with the system, including compliance with
14 applicable state and federal law.
15 (4) Develop a data governance and security plan for
16 the system regarding the use, privacy, and security of data
17 consistent with state and federal law, including the federal
18 Family Education Rights and Privacy Act (FERPA), publish the
19 plan on the system website, and provide an electronic copy of
20 the plan to each partner agency.
21 (5) Establish the research agenda for the system.
22 (6) Establish a process for proposing and approving
23 requests for reports using data matched in the system.
24 (7) Establish policies for sharing aggregated data
25 or reports with the public or external entities.
26 (8) Develop strategies for promoting the transparent
27 operation of the system.
Page 16 1 (9) Form standing and ad hoc committees and working
2 groups from among its own membership to accomplish its duties.
3 (10) Prepare and provide an annual report to the
4 Governor, Lieutenant Governor, Speaker of the House of
5 Representatives, President Pro Tempore of the Senate, Chairs
6 of the House Education Policy, Senate Education Policy, House
7 Ways and Means Education, and Senate Finance and Taxation
8 Education Committees on the implementation of the system and
9 the activities of the Office of Education and Workforce
10 Statistics during the preceding year. The report shall include
11 all of the following:
12 a. A list and analysis of all research studies
13 conducted by the P-20W Council and the Office of Education and
14 Workforce Statistics using the system during the preceding
15 year.
16 b. Recommendations or policy changes made by the
17 system and the Office of Education and Workforce Statistics
18 during the preceding fiscal year.
19 c. Goals, recommendations, and priorities for the
20 succeeding fiscal year.
21 (d) All policies and procedures developed by the
22 P-20W Council for the governance and security plan shall apply
23 to the Office of Education and Workforce Statistics and all
24 vendors and contractors of the Office of Education and
25 Workforce Statistics with access to the system and shall be
26 incorporated in all contracts. The governance and security
Page 17 1 plan developed pursuant to this section, at a minimum, shall
2 include all the following:
3 (1) Secure procedures; training; administrative,
4 physical, and technical safeguards; internal accountability
5 processes; periodic privacy and security audits; review and
6 risk assessments; and security clearance requirements for
7 individuals with access to personally identifiable
8 information.
9 (2) Sanctions for violations of the governance and
10 security plan.
11 (3) Prohibitions against the use of data for
12 unauthorized purposes.
13 (4) Record keeping, data backup, and data
14 destruction plans.
15 (5) Access and use protocols for third-party vendors
16 and contractors.
17 §41-29-363.
18 (a) Except as otherwise provided in subsection (a)
19 of Section 41-29-365:
20 (1) The regular meetings of the council shall be
21 held at a time and place established by the chair, at least
22 four times per state fiscal year.
23 (2) Special meetings of the council may be called by
24 the chair, or upon written request of a majority of the
25 members of the council.
26 (3) All regular and special meetings of the council
27 shall comply with the Open Meetings Act.
Page 18 1 (b) A majority of the members of the council, or
2 their designees, shall constitute a quorum for the transaction
3 of business. Members of the council may participate in any
4 meeting by means of a telephonic conference, video conference,
5 or similar communications equipment, provided that all persons
6 participating in the meeting are able to hear one another at
7 the same time. Participation by such means shall constitute
8 in-person presence at a meeting.
9 (c) The council shall follow Robert's Rules of Order
10 to the extent that those procedures are not inconsistent with
11 this division and state law.
12 (d) The recording of any meeting of the council, or
13 of any committee of the council, and the public access
14 thereto, shall be governed by the state law relating to open
15 meetings and the accessibility of public records.
16 (e)(1) Each member, including the chair, shall have
17 one vote on any measure before the council. Voting on all
18 matters shall be by voice vote or by roll call, and the ayes
19 and nays shall be entered in the minutes of the meeting.
20 (2) The chair may not make or second any motions,
21 unless otherwise provided by this division.
22 (3) Any action of a majority of a present quorum
23 shall be considered an act of the council.
24 (f) Each member of the council may appoint a
25 designee to represent him or her during the proceedings of the
26 council, and the designee shall enjoy the full rights and
27 privileges of a member of the council. A member shall notify
Page 19 1 the chair, in writing, of the appointment of a designee.
2 Letters of designation shall remain on file with the chair and
3 the appointee shall be considered the official designee until
4 a subsequent designation letter is received, or a written
5 request is received by the chair to rescind the designation.
6 (g) The chair shall serve as parliamentarian, or may
7 designate a parliamentarian to serve the council. The ruling
8 of the parliamentarian on procedural questions shall be
9 considered final.
10 (h) The members of the P-20W Council shall not
11 receive a salary or per diem allowance for their service, but
12 shall be reimbursed through the Department of Commerce for
13 expenses incurred in the performance of their duties for the
14 office at the same rate as provided for state employees.
15 (i) Direct access to personally identifying
16 information in the system is restricted to Office of Education
17 and Workforce Statistics staff and authorized staff approved
18 by the P-20W Council. The Office of Education and Workforce
19 Statistics agrees not to re-disclose personally identifiable
20 information or any information derived from the personally
21 identifiable information, except aggregated data as authorized
22 by the P-20W Council.
23 (j) Any person who knowingly releases data collected
24 pursuant to this division to any other person not authorized
25 to lawfully receive the data shall be guilty of a Class C
26 felony and punished as provided by law.
27 §41-29-364.
Page 20 1 The council may establish standing or ad hoc
2 committees as necessary. Standing and ad hoc committees of the
3 council shall possess authority as provided by the council.
4 (1) A standing committee established by the council
5 shall operate until disbanded by an act of the council. Each
6 member of a standing committee shall be the contact of record
7 for the agencies he or she represents and shall provide timely
8 information and response to the Office of Education and
9 Workforce Statistics and the P-20W Council.
10 (2) An ad hoc committee established by the council
11 shall operate for a definite period of time or purpose
12 provided in the action establishing the ad hoc committee.
13 (3) The chair of the council shall appoint the chair
14 of any standing or ad hoc committee and each member of the
15 council may serve on a standing or ad hoc committee.
16 (4) Each standing or ad hoc committee may establish
17 procedures for conducting the business of the committee.
18 §41-29-365.
19 (a) The Office of Education and Workforce Statistics
20 is established within the Department of Commerce to manage the
21 activities of the system on behalf of the council. The Office
22 of Education and Workforce Statistics shall be an authorized
23 representative for member agencies of the P-20W Council under
24 applicable state and federal laws and regulations for the
25 purposes of accessing, aggregating, deidentifying, and
26 compiling personally identifiable information for research
27 studies, evaluations, or audits. The director of the office
Page 21 1 shall manage the office, serving an initial term of four
2 years, and shall be directed by and report to the P-20W
3 Council and shall be administratively supported by the
4 Department of Commerce. The director of the office, who may
5 not serve as a member of the council, shall serve as the
6 executive secretary of the council and shall coordinate and
7 facilitate all meetings and activities of the council and its
8 standing and ad hoc committees.
9 (b) The office shall perform all of the following
10 functions:
11 (1) Implement the directives of the P-20W Council
12 for the operation of the system.
13 (2) Maintain and implement system data sharing
14 agreements, staff documentation, governance policies, and
15 procedures created by the council and its standing and ad hoc
16 committees.
17 (3) Maintain the daily operation of the system by
18 coordinating with developers, vendors, and partners.
19 (4) Monitor vendor and contractor compliance with
20 P-20W Council policies.
21 (5) Provide the council and its standing and ad hoc
22 committees with documentation regarding any developments,
23 updates, audits, data breaches, funding, and other activities
24 of the system on a regular basis.
25 (6) Provide the council with an annual report,
26 including any activities conducted and changes made, by
27 January 31 of each year.
Page 22 1 (7) Coordinate research requests, gather data to
2 develop approved reports, and deliver reports to fulfill
3 requests unanimously approved by the P-20W Council.
4 (8) Coordinate regular audits of the system and
5 provide results of audits to the P-20W Council.
6 (9) Maintain compliance with state and federal data
7 privacy laws.
8 (10) Manage the activities of grants associated with
9 the system.
10 (11) Serve as the external representative for the
11 council on matters related to the operation of the system.
12 (12) Collaborate with the Governor's Office of
13 Education and Workforce Transformation and the Alabama
14 Committee on Credentialing and Career Pathways to manage the
15 annual Governor's Survey of Employer Competencies and produce
16 the competency models and dynamic career pathways, as defined
17 in Section 41-29-352, associated with the regional and
18 statewide in-demand occupations.
19 (13) Conduct research on the impact of state and
20 federal education and training programs, the performance of
21 education and workforce programs, and fulfill unanimously
22 approved information requests.
23 (c) In the event of a data breach, the office is
24 responsible for all of the following actions in compliance
25 with the Alabama Data Breach Notification Act of 2018:
26 (1) Notifying all partner agencies and all
27 potentially affected Alabama residents and employers of an
Page 23 1 unauthorized release or disclosure of personal identifiable
2 information. A triggering event is considered a data breach
3 when personally identifiable information was or is reasonably
4 believed to have been acquired by an unauthorized individual
5 or entity.
6 (2) Notifying all council members within 24 hours
7 after the discovery of the data breach.
8 (3) Notifying all potentially affected Alabama
9 residents and employers of the data breach in writing, in the
10 most expedient means possible and without unreasonable delay,
11 unless the delay is necessary to comply with a law enforcement
12 investigation. In no event shall the notification be provided
13 more than 15 days following the discovery of the data breach.
14 (4) Notifying the Attorney General, as required by
15 Section 8-38-6, if the number of individuals required to be
16 notified exceeds one thousand.
17 (5) Including in all written notifications to
18 affected residents and employers, instructions for monitoring
19 their credit reports.
20 (6) Conducting an analysis to assess the level of
21 the data breach and performing tests to ensure that the data
22 breach has been eliminated.
23 (7) Suspending any new data imports from partner
24 agencies until the required analysis and testing has been
25 completed, and providing written assurances, to those partner
26 agencies affected by the data breach, that the data breach is
Page 24 1 no longer a threat and that a plan is being developed to
2 improve the system to prevent future occurrences.
3 (d) No member of, or designee appointed to, the
4 council or any standing or ad hoc committee of the council may
5 vote or otherwise participate in any discussion or debate on
6 any matter before the council in which he or she, or an
7 immediate family member, has a direct personal or pecuniary
8 interest. A member or designee shall notify the chair of the
9 council in writing of any conflict of interest.
10 (e) No state agency may use data shared by another
11 state agency without the express consent of the agency that
12 owns the data.
13 (f) Local education agencies, public institutions of
14 higher education, and state agencies shall respond to the data
15 requests and requirements of the P-20W Council and the Office
16 of Education and Workforce Statistics in a timely and complete
17 manner.
18 (g) The Office of Education and Workforce Statistics
19 may provide summary data to a publicly accessible web-based
20 platform that is capable of assisting current and prospective
21 students in making informed decisions about possible
22 postsecondary credential pathways and outcomes. The web-based
23 platform shall not contain personally identifiable
24 information. Any personally identifiable information collected
25 for the purposes of supporting or populating the web-based
26 platform shall be aggregated into summary statistics before
27 the information is used to ensure that the results cannot be
Page 25 1 used to identify individual students. The web-based platform
2 shall do all of the following:
3 (1) Be capable of searching and comparing available
4 data across multiple programs and institution types.
5 (2) Provide additional information on state-funded
6 financial aid options.
7 (3) Include military enlistment opportunities and
8 benefits information including the Alabama National Guard.
9 (4) Provide information on regional and statewide
10 in-demand occupations.
11 Section 3. Section 41-29-298 is added to the Code of
12 Alabama 1975, to read as follows:
13 §41-29-298.
14 (a) This section shall be known and may be cited as
15 the Alabama College and Career Readiness Act.
16 (b) For the purposes of this section, the following
17 terms shall have the following meanings:
18 (1) CAREER AND TECHNICAL EDUCATION. The term has the
19 same meaning as provided in Section 3 of the Carl D. Perkins
20 Career and Technical Education Act of 2006 (P.L. 115-224).
21 (2) CAREER AND TECHNICAL EDUCATION CONCENTRATOR. At
22 the secondary school level, a student who has completed three
23 or more career and technical education courses; or completed
24 at least two courses in a single career and technical
25 education program or program of study; or at the postsecondary
26 level, a postsecondary student or adult who completes either
27 of the following:
Page 26 1 a. At least 12 academic or career and technical
2 education credits within a single program area sequence that
3 is comprised of 12 or more academic and technical credits and
4 terminates in the award of an industry-recognized credential,
5 a certificate, or a degree.
6 b. A short-term career and technical education
7 program sequence of less than 12 credit units that terminates
8 in the award of an industry-recognized credential, a
9 certificate, or a degree.
10 (3) COOPERATIVE EDUCATION. A method of education for
11 an individual who, through written cooperative arrangements
12 between a school and employer, receives instruction, including
13 required rigorous and challenging academic courses and related
14 career and technical education instruction, by alternation of
15 study in school with a job in any occupational field, which
16 alternation shall be planned and supervised by the school and
17 employer so that each contributes to the education and
18 employability of the individual; and may include an
19 arrangement in which work periods and school attendance may be
20 on alternate half days, full days, weeks, or other periods of
21 time in fulfilling the cooperative program. The term also
22 includes paid work with the express goal of attaining work
23 experience for the participant where the work performed may
24 not directly relate to the field of study of the student. At
25 the postsecondary level, a cooperative arrangement should
26 provide practical experience in the field of study of the
27 student.
Page 27 1 (4) INTERNSHIP. Paid or unpaid work experience,
2 usually for a predetermined period of time, that familiarizes
3 potential candidates with the specific industry or the
4 specific employer, or both, who is hosting the intern. An
5 internship is typically a one-time work or service experience
6 related to the major or career goals of the student. An
7 internship involves students working in professional settings
8 under the supervision and monitoring of practicing
9 professionals. The completion of an internship organized by an
10 educational institution may be associated with earning
11 secondary or postsecondary course credit.
12 (5) ON-THE-JOB LEARNING. Paid work experience with
13 the same characteristics as cooperative education and with the
14 added distinction that the work performed and tasks learned on
15 the job are directly linked to the technical instruction the
16 student is receiving.
17 (6) PREAPPRENTICESHIP. Designed to prepare students
18 to enter and succeed in a registered apprenticeship and
19 ultimately a career. A preapprenticeship program offers
20 participants structured training opportunities to prepare them
21 for entry into a registered apprenticeship program and may
22 provide services that a participant needs to progress into an
23 apprenticeship including, work readiness skills and other
24 wrap-around supports. To be considered a preapprenticeship,
25 training shall be connected to a registered apprenticeship.
26 Participants in a preapprenticeship shall complete on-the-job
27 learning or related technical instruction which shall be
Page 28 1 counted towards completion of a registered apprenticeship if
2 the preapprentice becomes an apprentice. Preapprenticeship
3 programs shall be certified by the state apprenticeship agency
4 as an indicator of quality and to provide assurance the
5 content has been validated to count towards a registered
6 apprenticeship program.
7 (7) REGISTERED APPRENTICESHIP PROGRAM. A plan
8 containing all terms and conditions for the qualification,
9 recruitment, selection, employment, and training of
10 apprentices, as required under 29 C.F.R. Parts 29 and 30, and
11 rules adopted by the Alabama Office of Apprenticeship,
12 including rules requiring a written apprenticeship agreement.
13 (8) STATE APPRENTICESHIP AGENCY. The Alabama Office
14 of Apprenticeship.
15 (c) Commencing with the 2023-2024 school year,
16 students in public schools shall earn one or more of the
17 following college or career readiness indicators, and any
18 additional college and career readiness indicators approved by
19 the State Board of Education, before graduation:
20 (1) Earning a benchmark score in any subject area on
21 the ACT college entrance exam.
22 (2) Earning a qualifying score of three or higher on
23 an advanced placement exam.
24 (3) Earning a qualifying score of four or higher on
25 an international baccalaureate exam.
26 (4) Earning college credit while in high school.
Page 29 1 (5) Earning a silver or gold level on the ACT
2 WorkKeys Exam.
3 (6) Registration in a school youth registered
4 apprenticeship program.
5 (7) Completing a certified preapprenticeship
6 program.
7 (8) Earning a career technical industry credential
8 listed on the compendium of valuable credentials of the
9 Alabama Committee on Credentialing and Career Pathways.
10 (9) Being accepted into the military before
11 graduation.
12 (10) Attaining career and technical education
13 concentrator status.
14 (d) The State Superintendent of Education shall
15 require career coaches funded through the Career Coaches
16 Initiative of the state Career Tech Initiative supported by
17 the Education Trust Fund, as defined and described in Chapter
18 13 of Title 16 and Chapter 9 of Title 29, Code of Alabama
19 1975, to satisfy or surpass annual targets, established by the
20 State Superintendent of Education and the Chair of the Alabama
21 Workforce Council, to increase the number of employer
22 placements for students participating in an internship,
23 cooperative education, on-the-job learning, preapprenticeship,
24 or registered apprenticeship programs recognized by the state
25 apprenticeship agency that are aligned to an occupation listed
26 on a regional or statewide list of in-demand occupations
Page 30 1 adopted by the Alabama Committee on Credentialing and Career
2 Pathways.
3 (e) Commencing with the 2023-2024 school year, the
4 career preparedness course required for graduation from public
5 K-12 schools shall include all of the following:
6 (1) Exploration of the in-demand jobs in the state
7 as identified annually by the Alabama Committee on
8 Credentialing and Career Pathways.
9 (2) Completion of the Alabama Works financial
10 literacy module.
11 (3) A work-based learning experience aligned to the
12 Alabama Committee on Credentialing and Career Pathways list of
13 in-demand occupations.
14 (4) Establishment of a state college and career
15 exploration tool account for each participating student.
16 (5) Completion of a workforce preparedness module
17 approved by the Alabama Workforce Council that is focused on
18 employability skills, resume and interview success, and
19 securing postsecondary and workforce opportunities post high
20 school.
21 (f) The State Superintendent of Education and the
22 Chair of the Alabama Workforce Council shall collaborate to
23 implement the modifications and customization of the career
24 preparedness course to meet the needs of each of the seven
25 workforce regions of the state.
26 (g) On or before December 30, 2022, the career
27 preparedness course of study shall be revised to reflect the
Page 31 1 provisions of this subsection. Thereafter, the career
2 preparedness course of study shall be revised every seven
3 years.
4 Section 4. Although this bill would have as its
5 purpose or effect the requirement of a new or increased
6 expenditure of local funds, the bill is excluded from further
7 requirements and application under Amendment 621, as amended
8 by Amendment 890, now appearing as Section 111.05 of the
9 Official Recompilation of the Constitution of Alabama of 1901,
10 as amended, because the bill defines a new crime or amends the
11 definition of an existing crime.
12 Section 5. This act shall become effective on the
13 first day of the third month following its passage and
14 approval by the Governor, or its otherwise becoming law.
Page 32