1 HB241
2 215678-2
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 ENGROSSED
2
3
4 A BILL
5 TO BE ENTITLED
6 AN ACT
7
8 Relating to credentials and the workforce; to create
9 the Alabama Credential Quality and Transparency Act as a new
10 Division 9, commencing with Section 41-29-350, Article 3,
11 Chapter 29, Title 41, Code of Alabama 1975; to establish the
12 Alabama Workforce Council Committee on Credential Quality and
13 Transparency; to provide for full, free, open, public, and
14 interoperable essential data about all educational and
15 occupational credentials and competencies available to the
16 residents of the state; to create the Alabama Terminal on
17 Linking and Analyzing Statistics (ATLAS) on Career Pathways
18 Act as a new Division 10, commencing with Section 41-29-360,
19 Article 3, Chapter 29, Title 41, Code of Alabama 1975; to
20 provide a database through which students, job seekers, and
21 employers may search, compare, and analyze common information
22 about credentials and competencies before making decisions
23 about the quality and value of credentials and the education
24 and workforce programs related to those credentials; to
25 establish the Alabama College and Career Readiness Act by
26 adding Section 41-29-298 to the Code of Alabama 1975; relating
27 to education, credentials, and the workforce; to establish a
Page 1 1 statewide definition of college and career readiness and for
2 other purposes relating to workforce development; and in
3 connection therewith to have as its purpose or effect the
4 requirement of a new or increased expenditure of local funds
5 within the meaning of Amendment 621 of the Constitution of
6 Alabama of 1901, as amended by Amendment 890, now appearing as
7 Section 111.05 of the Official Recompilation of the
8 Constitution of Alabama of 1901, as amended.
9 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
10 Section 1. Division 9, commencing with Section
11 41-29-350, is added to Article 3, Chapter 29, Title 41 of the
12 Code of Alabama 1975, to read as follows:
13 §41-29-350.
14 This division shall be known and may be cited as the
15 Alabama Credential Quality and Transparency Act.
16 §41-29-351.
17 The Legislature finds and declares all of the
18 following:
19 (1) With nearly 1,000,000 unique credentials in the
20 United States, and at least 5,000 available from Alabama-based
21 providers alone, too many Alabamians do not know which
22 credentials lead to desired outcomes, and employers are unable
23 to understand what skills workers bring to a job.
24 (2) It is critical for credential providers to
25 publish credentials to the Alabama Credential Registry in
26 searchable and comparable formats using a common schema
27 aligned with national standards and trends.
Page 2 1 (3) There is a need for better, consistent, and
2 transparent data about credentials and their outcomes in the
3 state to more accurately enable the Alabama Committee on
4 Credentialing and Career Pathways to identify credentials of
5 value.
6 §41-29-352.
7 For the purposes of this division, the following
8 terms shall have the following meanings:
9 (1) COMMITTEE. The Alabama Workforce Council
10 Committee on Credential Quality and Transparency.
11 (2) COMPETENCY. A description of measurable or
12 observable knowledge, skills, and abilities necessary for the
13 successful performance of a task in a given context.
14 (3) CONSUMER. Includes, but is not limited to,
15 students, learners, workers, unemployed individuals, veterans,
16 employers, educators, counselors, program administrators,
17 policy makers, advocates, researchers, parents, and other
18 individuals who are invested in understanding the quality and
19 value of credentials and competencies in the education and
20 employment marketplace.
21 (4) CREDENTIAL. A qualification, achievement, or
22 recognition of competence by an external entity used to
23 indicate suitability through mastery of competencies
24 associated with the credential. For the purposes of this
25 division, credentials include, but are not limited to,
26 diplomas, microcredentials, badges, certificates, industry
27 recognized and registered apprenticeship certificates of
Page 3 1 completions, occupational licenses, certifications, and
2 degrees of all types and levels.
3 (5) CREDENTIAL PROVIDER. Any organization that owns,
4 offers, or issues an educational or occupational credential to
5 an individual.
6 (6) CREDENTIAL REGISTRY. The virtual repository of
7 Alabama competency and credential data, accessible to
8 credential providers and the public through an online profile.
9 (7) DYNAMIC CAREER PATHWAY. A career pathway that is
10 approved by the committee and that includes a sequence of
11 occupations that are included on the statewide and regional
12 lists of in-demand occupations and occupations that are part
13 of the dynamic career pathway but are not on a regional or
14 statewide list of in-demand occupations.
15 (8) OCCUPATIONAL ONTOLOGY. The tiered system for
16 classifying competencies and credentials based on their
17 alignment with specific occupations.
18 §41-29-353.
19 (a) The Alabama Workforce Council Committee on
20 Credential Quality and Transparency is established as a
21 committee of the Alabama Workforce Council to advise the
22 Alabama Committee on Credentialing and Career Pathways on
23 making credential and competency data collected through the
24 Alabama Credential Registry publicly available, searchable,
25 comparable, and interoperable using open specifications and
26 linked data formats, including credential transparency
27 description language specifications.
Page 4 1 (b) The committee shall be composed of the following
2 members:
3 (1) One representative from each of the technical
4 advisory committees of the Alabama Committee on Credentialing
5 and Career Pathways.
6 (2) The Governor, or his or her designee, who shall
7 chair the committee, shall vote only in the case of a tie, and
8 may not make or second motions.
9 (3) The Secretary of the Department of Early
10 Childhood Education, or his or her designee.
11 (4) The State Superintendent of Education, or his or
12 her designee.
13 (5) The Executive Director of the Alabama Commission
14 on Higher Education, or his or her designee.
15 (6) The Chancellor of the Alabama Community College
16 System, or his or her designee.
17 (7) The Secretary of the Department of Commerce, of
18 his or her designee.
19 (8) The Secretary of Labor, or his or her designee.
20 (9) The Commissioner of the Department of
21 Rehabilitation Services, or his or her designee.
22 (c) The committee, no later than June 30, 2023, and
23 the 30th day of the month of June in each consecutive year,
24 shall provide to the Alabama Committee on Credentialing and
25 Career Pathways, an annual, up-to-date list of credentials of
26 value, to be known as the compendium of valuable credentials,
27 for each of the industry sectors. Based on recommendations
Page 5 1 provided by the Office of Education and Workforce Statistics,
2 the committee shall review each credential, newly published or
3 revised, to the Alabama Credential Registry, on a continuing
4 basis and at least annually, against the quality assurance
5 criteria as determined by the Alabama Committee on
6 Credentialing and Career Pathways, and shall classify each
7 credential registered to the Alabama Credential Registry,
8 along with its associated competencies, using the Alabama
9 Occupational Ontology.
10 (d) The committee shall ensure that open credential
11 and competency data is included in, used for, and benefits all
12 of the following:
13 (1) Providing data to improve navigations and
14 guidance tools for the state to identify education and career
15 pathways that lead to economic self-sufficiency, including the
16 Alabama College and Career Exploration Tool.
17 (2) Providing data to improve the process used by
18 the Alabama Committee on Credentialing and Career Pathways to
19 identify credentials of value.
20 (3) Providing data to be used to determine the
21 return on investment for programs and credentials.
22 (4) Providing data on identifying gaps in the
23 availability of high-quality credentials in the state.
24 (5) Providing data to align education and workforce
25 credentials.
26 §41-29-354.
Page 6 1 (a) Essential information to maximize informed
2 consumer decisions about all nondegree workforce and
3 occupational credentials and their associated competencies,
4 costs, career pathways, process and outcome-based quality
5 assurance indicators, assessments that are delivered, issued,
6 funded, authorized, overseen, or governed in the state using
7 funding from the Education Trust Fund, the Workforce
8 Innovation and Opportunity Act (P.L. 113-128), licenses issued
9 by any state occupational licensing board or commission, the
10 Carl D. Perkins Career and Technical Education Act of 2006
11 (P.L. 115-224), or the state approving agency for veterans
12 education and training shall be made publicly available,
13 searchable, comparable, and interoperable using open
14 specifications and linked data formats including credential
15 transparency description language specifications and the
16 annual publication of all educational and occupational
17 credentials, and their associated competencies, to the Alabama
18 Credential Registry.
19 (b) The format and specifications for making all
20 educational and occupational credentials and their associated
21 competencies public, open, and interoperable shall be approved
22 by the committee, be aligned with widely recognized and
23 adopted standards, and allow for open access across sectors
24 and platforms. The information shall be human-readable,
25 machine-actionable, current, accurate, and maintained on the
26 Alabama Credential Registry.
Page 7 1 (c) The committee shall coordinate the requirements
2 of this section to ensure that all required data collected
3 through the Alabama Credential Registry is made public in
4 required formats on the Alabama Credential Registry.
5 §41-29-355.
6 (a) All data published to the Alabama Credential
7 Registry in the required open formats and with the data
8 elements described in this division shall be fully available
9 to the public for open use. The data required under this
10 division shall not include any personally identifiable
11 information.
12 (b) No later than January 1, 2023, secondary and
13 postsecondary career and technical education credentials
14 funded through the Carl D. Perkins Career and Technical
15 Education Act of 2006 (P.L. 115-224) and programs listed on
16 the eligible training provider list funded through the
17 Workforce Innovation and Opportunity Act (P.L. 113-128) shall
18 be registered to the compendium of valuable credentials
19 adopted by the Alabama Committee on Credentialing and Career
20 Pathways and aligned to the Alabama Committee on Credentialing
21 and Career Pathways statewide and regional lists of in-demand
22 jobs or dynamic career pathways, or both.
23 (c) All credential and competency data published to
24 the Alabama Credential Registry shall satisfy the requirements
25 of this division on, or before, January 1, 2023.
Page 8 1 Section 2. Division 10, commencing with Section
2 41-29-360, is added to Article 3, Chapter 29, Title 41 of the
3 Code of Alabama 1975, to read as follows:
4 §41-29-360.
5 (a) This division shall be known and may be cited as
6 the Alabama Terminal on Linking and Analyzing Statistics
7 (ATLAS) on Career Pathways Act.
8 (b) For the purposes of this division, the following
9 terms shall have the following meanings:
10 (1) AGGREGATED DATA. Information produced by
11 combining unit-record data from one or more sources into
12 summary form for the purpose of analysis or public reporting,
13 or both.
14 (2) COUNCIL. The P-20W Council.
15 (3) DE-IDENTIFICATION. The removal of personally
16 identifiable information and other unique characteristics from
17 data so the data may be analyzed without disclosing the
18 identity of the associated individual.
19 (4) FAMILY EDUCATION RIGHTS AND PRIVACY ACT (FERPA)
20 (20 U.S.C. § 1232g; 34 C.F.R. Part 99). A federal law that
21 protects the privacy of student education records, applying to
22 all entities that receive funds through the United States
23 Department of Education.
24 (5) OFFICE. The Office of Education and Workforce
25 Statistics.
26 (6) P-20W. An abbreviation signifying the education
27 to workforce continuum, where P represents preschool, 20
Page 9 1 represents kindergarten through graduate school, and W
2 represents workforce.
3 (7) PERSONALLY IDENTIFIABLE INFORMATION. A data
4 element, or combination of data elements, contained in an
5 electronic record that identifies an individual. Under the
6 federal Family Education Rights and Privacy Act (FERPA), the
7 term means identifiable information that is maintained
8 in education records, including direct identifiers, such as
9 the name or identification number of the student, indirect
10 identifiers, such as the date of birth of the student, or
11 other information which may be used to distinguish or trace
12 the identity of an individual, either directly or indirectly,
13 through linkages with other information.
14 (8) STUDENT DATA.
15 a. Data relating to student performance including
16 all of the following:
17 1. State and national assessments.
18 2. Course taking and completion.
19 3. Grade point average.
20 4. Remediation.
21 5. Retention.
22 6. Special population status as defined by the
23 Alabama Workforce Innovation and Opportunity Act state plan.
24 7. Degree, diploma, or credential attainment.
25 8. Enrollment and absenteeism data.
26 9. Demographic data.
27 10. Suspension and expulsion records.
Page 10 1 11. Student financial aid data.
2 b. Student data does not include any of the
3 following:
4 1. Juvenile delinquency records.
5 2. Criminal records.
6 3. Medical and health records.
7 (9) SYSTEM. The Alabama Terminal on Linking and
8 Analyzing Statistics (ATLAS) on Career Pathways longitudinal
9 database system.
10 (10) WORKFORCE DATA. Data relating to any of the
11 following:
12 a. Employment status.
13 b. Wage information.
14 c. Special population status as defined by the
15 Alabama Workforce Innovation and Opportunity Act state plan.
16 d. Geographic location of employment.
17 e. Industry or occupation, or both.
18 §41-29-361.
19 The Alabama Terminal on Linking and Analyzing
20 Statistics (ATLAS) on Career Pathways System is established as
21 a secure system to exchange and match individual-level
22 education and workforce data from partner agencies while
23 upholding legal protections to ensure the privacy and security
24 of personally identifiable information. The system makes it
25 possible to match data from various agencies and programs over
26 time to create longitudinal records that may then be
27 aggregated and analyzed to assist policy makers with
Page 11 1 developing strategies to improve education and workforce
2 outcomes. The system shall generate timely and accurate
3 information on education and training programs to empower
4 students, families, and employers with information to make
5 decisions best suited for their individual needs and to
6 improve the education and training systems at all levels. The
7 system shall be configured in the following manner:
8 (1) All information matched from partner agencies
9 shall be collected, safeguarded, kept confidential, and used
10 only by the Office of Education and Workforce Statistics in
11 accordance with this division and other state and federal law.
12 (2) Each partner entity shall retain ownership of
13 any data it provides to the system and shall reserve the right
14 to opt out of any research request if the request would
15 violate state or federal law. To that end, all of the
16 following shall apply:
17 a. A partner entity may not have access to data
18 owned by another partner entity unless a data request is
19 approved unanimously by the P-20W Council.
20 b. Nothing in this division or P-20W Council rule or
21 policy may prevent partners from engaging in direct data
22 sharing agreements with other partners or with external
23 entities, so long as the data to be shared is owned by the
24 contracting parties.
25 (3) The system shall serve as a data linkage that
26 connects student and workforce data provided by P-20W Council
27 member agencies.
Page 12 1 (4) The system shall conduct research relating to
2 all of the following:
3 a. The effectiveness of state and federal education
4 and workforce programs.
5 b. The performance of education preparation
6 programs.
7 c. Instructional practices, education program
8 design, and curriculum alignment.
9 d. Fulfilling data requests required for state and
10 federal reporting.
11 e. The research agenda adopted by the P-20W Council.
12 f. Fulfilling research requests from external
13 researchers or stakeholders that are unanimously approved by
14 the P-20W Council.
15 §41-29-362.
16 (a) The P-20W Council is established to govern the
17 system.
18 (b) The membership of the council shall consist of
19 all of the following:
20 (1) The Governor, or his or her designee, who shall
21 serve as chair of the council.
22 (2) Each partner agency head, or designee, who has
23 signed a memorandum of understanding to share data with the
24 system.
25 (3) The Chair of the House Ways and Means Education
26 Committee.
Page 13 1 (4) The Chair of the Senate Finance and Taxation
2 Education Committee.
3 (5) The Chair of the Alabama Workforce Council.
4 (6) Up to four members of the general public, who
5 are experienced in education and workforce data and
6 statistics, who shall be appointed by the Governor and serve
7 at the pleasure of the Governor.
8 (c) The council shall perform all of the following
9 duties:
10 (1) Develop a strategic plan, using a process that
11 is inclusive of the P-20W Council and all relevant
12 stakeholders, that includes a vision for all of the following:
13 a. Increasing data matching efficiencies.
14 b. Creating publicly available data visualization
15 and research tools.
16 c. Making aggregated data available to authorized
17 entities in a timely manner.
18 d. Creating a secure portal for authorized personnel
19 of the P-20W Council to transmit data to the Office of
20 Education and Workforce Statistics.
21 (2) Oversee the development, adoption, and
22 implementation of rules and policies to govern the proceedings
23 of the council, the office, and the system.
24 (3) Oversee compliance regarding the protection of
25 data shared with the system, including compliance with
26 applicable state and federal law.
Page 14 1 (4) Develop a data governance and security plan for
2 the system regarding the use, privacy, and security of data
3 consistent with state and federal law, including the federal
4 Family Education Rights and Privacy Act (FERPA), publish the
5 plan on the system website, and provide an electronic copy of
6 the plan to each partner agency.
7 (5) Establish the research agenda for the system.
8 (6) Establish a process for proposing and approving
9 requests for reports using data matched in the system.
10 (7) Establish policies for sharing aggregated data
11 or reports with the public or external entities.
12 (8) Develop strategies for promoting the transparent
13 operation of the system.
14 (9) Form standing and ad hoc committees and working
15 groups from among its own membership to accomplish its duties.
16 (10) Prepare and provide an annual report to the
17 Governor, Lieutenant Governor, Speaker of the House of
18 Representatives, President Pro Tempore of the Senate, Chairs
19 of the House Education Policy, Senate Education Policy, House
20 Ways and Means Education, and Senate Finance and Taxation
21 Education Committees on the implementation of the system and
22 the activities of the Office of Education and Workforce
23 Statistics during the preceding year. The report shall include
24 all of the following:
25 a. A list and analysis of all research studies
26 conducted by the P-20W Council and the Office of Education and
Page 15 1 Workforce Statistics using the system during the preceding
2 year.
3 b. Recommendations or policy changes made by the
4 system and the Office of Education and Workforce Statistics
5 during the preceding fiscal year.
6 c. Goals, recommendations, and priorities for the
7 succeeding fiscal year.
8 (d) All policies and procedures developed by the
9 P-20W Council for the governance and security plan shall apply
10 to the Office of Education and Workforce Statistics and all
11 vendors and contractors of the Office of Education and
12 Workforce Statistics with access to the system and shall be
13 incorporated in all contracts. The governance and security
14 plan developed pursuant to this section, at a minimum, shall
15 include all the following:
16 (1) Secure procedures; training; administrative,
17 physical, and technical safeguards; internal accountability
18 processes; periodic privacy and security audits; review and
19 risk assessments; and security clearance requirements for
20 individuals with access to personally identifiable
21 information.
22 (2) Sanctions for violations of the governance and
23 security plan.
24 (3) Prohibitions against the use of data for
25 unauthorized purposes.
26 (4) Record keeping, data backup, and data
27 destruction plans.
Page 16 1 (5) Access and use protocols for third-party vendors
2 and contractors.
3 §41-29-363.
4 (a) Except as otherwise provided in subsection (a)
5 of Section 41-29-365:
6 (1) The regular meetings of the council shall be
7 held at a time and place established by the chair, at least
8 four times per state fiscal year.
9 (2) Special meetings of the council may be called by
10 the chair, or upon written request of a majority of the
11 members of the council.
12 (3) All regular and special meetings of the council
13 shall comply with the Open Meetings Act.
14 (b) A majority of the members of the council, or
15 their designees, shall constitute a quorum for the transaction
16 of business. Members of the council may participate in any
17 meeting by means of a telephonic conference, video conference,
18 or similar communications equipment, provided that all persons
19 participating in the meeting are able to hear one another at
20 the same time. Participation by such means shall constitute
21 in-person presence at a meeting.
22 (c) The council shall follow Robert's Rules of Order
23 to the extent that those procedures are not inconsistent with
24 this division and state law.
25 (d) The recording of any meeting of the council, or
26 of any committee of the council, and the public access
Page 17 1 thereto, shall be governed by the state law relating to open
2 meetings and the accessibility of public records.
3 (e)(1) Each member, including the chair, shall have
4 one vote on any measure before the council. Voting on all
5 matters shall be by voice vote or by roll call, and the ayes
6 and nays shall be entered in the minutes of the meeting.
7 (2) The chair may not make or second any motions,
8 unless otherwise provided by this division.
9 (3) Any action of a majority of a present quorum
10 shall be considered an act of the council.
11 (f) Each member of the council may appoint a
12 designee to represent him or her during the proceedings of the
13 council, and the designee shall enjoy the full rights and
14 privileges of a member of the council. A member shall notify
15 the chair, in writing, of the appointment of a designee.
16 Letters of designation shall remain on file with the chair and
17 the appointee shall be considered the official designee until
18 a subsequent designation letter is received, or a written
19 request is received by the chair to rescind the designation.
20 (g) The chair shall serve as parliamentarian, or may
21 designate a parliamentarian to serve the council. The ruling
22 of the parliamentarian on procedural questions shall be
23 considered final.
24 (h) The members of the P-20W Council shall not
25 receive a salary or per diem allowance for their service, but
26 shall be reimbursed through the Department of Commerce for
Page 18 1 expenses incurred in the performance of their duties for the
2 office at the same rate as provided for state employees.
3 (i) Direct access to personally identifying
4 information in the system is restricted to Office of Education
5 and Workforce Statistics staff and authorized staff approved
6 by the P-20W Council. The Office of Education and Workforce
7 Statistics agrees not to re-disclose personally identifiable
8 information or any information derived from the personally
9 identifiable information, except aggregated data as authorized
10 by the P-20W Council.
11 (j) Any person who knowingly releases data collected
12 pursuant to this division to any other person not authorized
13 to lawfully receive the data shall be guilty of a Class C
14 felony and punished as provided by law.
15 §41-29-364.
16 The council may establish standing or ad hoc
17 committees as necessary. Standing and ad hoc committees of the
18 council shall possess authority as provided by the council.
19 (1) A standing committee established by the council
20 shall operate until disbanded by an act of the council. Each
21 member of a standing committee shall be the contact of record
22 for the agencies he or she represents and shall provide timely
23 information and response to the Office of Education and
24 Workforce Statistics and the P-20W Council.
25 (2) An ad hoc committee established by the council
26 shall operate for a definite period of time or purpose
27 provided in the action establishing the ad hoc committee.
Page 19 1 (3) The chair of the council shall appoint the chair
2 of any standing or ad hoc committee and each member of the
3 council may serve on a standing or ad hoc committee.
4 (4) Each standing or ad hoc committee may establish
5 procedures for conducting the business of the committee.
6 §41-29-365.
7 (a) The Office of Education and Workforce Statistics
8 is established within the Department of Commerce to manage the
9 activities of the system on behalf of the council. The Office
10 of Education and Workforce Statistics shall be an authorized
11 representative for member agencies of the P-20W Council under
12 applicable state and federal laws and regulations for the
13 purposes of accessing, aggregating, deidentifying, and
14 compiling personally identifiable information for research
15 studies, evaluations, or audits. The director of the office
16 shall manage the office, serving an initial term of four
17 years, and shall be directed by and report to the P-20W
18 Council and shall be administratively supported by the
19 Department of Commerce. The director of the office, who may
20 not serve as a member of the council, shall serve as the
21 executive secretary of the council and shall coordinate and
22 facilitate all meetings and activities of the council and its
23 standing and ad hoc committees.
24 (b) The office shall perform all of the following
25 functions:
26 (1) Implement the directives of the P-20W Council
27 for the operation of the system.
Page 20 1 (2) Maintain and implement system data sharing
2 agreements, staff documentation, governance policies, and
3 procedures created by the council and its standing and ad hoc
4 committees.
5 (3) Maintain the daily operation of the system by
6 coordinating with developers, vendors, and partners.
7 (4) Monitor vendor and contractor compliance with
8 P-20W Council policies.
9 (5) Provide the council and its standing and ad hoc
10 committees with documentation regarding any developments,
11 updates, audits, data breaches, funding, and other activities
12 of the system on a regular basis.
13 (6) Provide the council with an annual report,
14 including any activities conducted and changes made, by
15 January 31 of each year.
16 (7) Coordinate research requests, gather data to
17 develop approved reports, and deliver reports to fulfill
18 requests unanimously approved by the P-20W Council.
19 (8) Coordinate regular audits of the system and
20 provide results of audits to the P-20W Council.
21 (9) Maintain compliance with state and federal data
22 privacy laws.
23 (10) Manage the activities of grants associated with
24 the system.
25 (11) Serve as the external representative for the
26 council on matters related to the operation of the system.
Page 21 1 (12) Collaborate with the Governor's Office of
2 Education and Workforce Transformation and the Alabama
3 Committee on Credentialing and Career Pathways to manage the
4 annual Governor's Survey of Employer Competencies and produce
5 the competency models and dynamic career pathways, as defined
6 in Section 41-29-352, associated with the regional and
7 statewide in-demand occupations.
8 (13) Conduct research on the impact of state and
9 federal education and training programs, the performance of
10 education and workforce programs, and fulfill unanimously
11 approved information requests.
12 (c) In the event of a data breach, the office is
13 responsible for all of the following actions in compliance
14 with the Alabama Data Breach Notification Act of 2018:
15 (1) Notifying all partner agencies and all
16 potentially affected Alabama residents and employers of an
17 unauthorized release or disclosure of personal identifiable
18 information. A triggering event is considered a data breach
19 when personally identifiable information was or is reasonably
20 believed to have been acquired by an unauthorized individual
21 or entity.
22 (2) Notifying all council members within 24 hours
23 after the discovery of the data breach.
24 (3) Notifying all potentially affected Alabama
25 residents and employers of the data breach in writing, in the
26 most expedient means possible and without unreasonable delay,
27 unless the delay is necessary to comply with a law enforcement
Page 22 1 investigation. In no event shall the notification be provided
2 more than 15 days following the discovery of the data breach.
3 (4) Notifying the Attorney General, as required by
4 Section 8-38-6, if the number of individuals required to be
5 notified exceeds one thousand.
6 (5) Including in all written notifications to
7 affected residents and employers, instructions for monitoring
8 their credit reports.
9 (6) Conducting an analysis to assess the level of
10 the data breach and performing tests to ensure that the data
11 breach has been eliminated.
12 (7) Suspending any new data imports from partner
13 agencies until the required analysis and testing has been
14 completed, and providing written assurances, to those partner
15 agencies affected by the data breach, that the data breach is
16 no longer a threat and that a plan is being developed to
17 improve the system to prevent future occurrences.
18 (d) No member of, or designee appointed to, the
19 council or any standing or ad hoc committee of the council may
20 vote or otherwise participate in any discussion or debate on
21 any matter before the council in which he or she, or an
22 immediate family member, has a direct personal or pecuniary
23 interest. A member or designee shall notify the chair of the
24 council in writing of any conflict of interest.
25 (e) No state agency may use data shared by another
26 state agency without the express consent of the agency that
27 owns the data.
Page 23 1 (f) Local education agencies, public institutions of
2 higher education, and state agencies shall respond to the data
3 requests and requirements of the P-20W Council and the Office
4 of Education and Workforce Statistics in a timely and complete
5 manner.
6 (g) The Office of Education and Workforce Statistics
7 may provide summary data to a publicly accessible web-based
8 platform that is capable of assisting current and prospective
9 students in making informed decisions about possible
10 postsecondary credential pathways and outcomes. The web-based
11 platform shall not contain personally identifiable
12 information. Any personally identifiable information collected
13 for the purposes of supporting or populating the web-based
14 platform shall be aggregated into summary statistics before
15 the information is used to ensure that the results cannot be
16 used to identify individual students. The web-based platform
17 shall do all of the following:
18 (1) Be capable of searching and comparing available
19 data across multiple programs and institution types.
20 (2) Provide additional information on state-funded
21 financial aid options.
22 (3) Include military enlistment opportunities and
23 benefits information including the Alabama National Guard.
24 (4) Provide information on regional and statewide
25 in-demand occupations.
26 Section 3. Section 41-29-298 is added to the Code of
27 Alabama 1975, to read as follows:
Page 24 1 §41-29-298.
2 (a) This section shall be known and may be cited as
3 the Alabama College and Career Readiness Act.
4 (b) For the purposes of this section, the following
5 terms shall have the following meanings:
6 (1) CAREER AND TECHNICAL EDUCATION. The term has the
7 same meaning as provided in Section 3 of the Carl D. Perkins
8 Career and Technical Education Act of 2006 (P.L. 115-224).
9 (2) CAREER AND TECHNICAL EDUCATION CONCENTRATOR. At
10 the secondary school level, a student who has completed three
11 or more career and technical education courses; or completed
12 at least two courses in a single career and technical
13 education program or program of study; or at the postsecondary
14 level, a postsecondary student or adult who completes either
15 of the following:
16 a. At least 12 academic or career and technical
17 education credits within a single program area sequence that
18 is comprised of 12 or more academic and technical credits and
19 terminates in the award of an industry-recognized credential,
20 a certificate, or a degree.
21 b. A short-term career and technical education
22 program sequence of less than 12 credit units that terminates
23 in the award of an industry-recognized credential, a
24 certificate, or a degree.
25 (3) COOPERATIVE EDUCATION. A method of education for
26 an individual who, through written cooperative arrangements
27 between a school and employer, receives instruction, including
Page 25 1 required rigorous and challenging academic courses and related
2 career and technical education instruction, by alternation of
3 study in school with a job in any occupational field, which
4 alternation shall be planned and supervised by the school and
5 employer so that each contributes to the education and
6 employability of the individual; and may include an
7 arrangement in which work periods and school attendance may be
8 on alternate half days, full days, weeks, or other periods of
9 time in fulfilling the cooperative program. The term also
10 includes paid work with the express goal of attaining work
11 experience for the participant where the work performed may
12 not directly relate to the field of study of the student. At
13 the postsecondary level, a cooperative arrangement should
14 provide practical experience in the field of study of the
15 student.
16 (4) INTERNSHIP. Paid or unpaid work experience,
17 usually for a predetermined period of time, that familiarizes
18 potential candidates with the specific industry or the
19 specific employer, or both, who is hosting the intern. An
20 internship is typically a one-time work or service experience
21 related to the major or career goals of the student. An
22 internship involves students working in professional settings
23 under the supervision and monitoring of practicing
24 professionals. The completion of an internship organized by an
25 educational institution may be associated with earning
26 secondary or postsecondary course credit.
Page 26 1 (5) ON-THE-JOB LEARNING. Paid work experience with
2 the same characteristics as cooperative education and with the
3 added distinction that the work performed and tasks learned on
4 the job are directly linked to the technical instruction the
5 student is receiving.
6 (6) PREAPPRENTICESHIP. Designed to prepare students
7 to enter and succeed in a registered apprenticeship and
8 ultimately a career. A preapprenticeship program offers
9 participants structured training opportunities to prepare them
10 for entry into a registered apprenticeship program and may
11 provide services that a participant needs to progress into an
12 apprenticeship including, work readiness skills and other
13 wrap-around supports. To be considered a preapprenticeship,
14 training shall be connected to a registered apprenticeship.
15 Participants in a preapprenticeship shall complete on-the-job
16 learning or related technical instruction which shall be
17 counted towards completion of a registered apprenticeship if
18 the preapprentice becomes an apprentice. Preapprenticeship
19 programs shall be certified by the state apprenticeship agency
20 as an indicator of quality and to provide assurance the
21 content has been validated to count towards a registered
22 apprenticeship program.
23 (7) REGISTERED APPRENTICESHIP PROGRAM. A plan
24 containing all terms and conditions for the qualification,
25 recruitment, selection, employment, and training of
26 apprentices, as required under 29 C.F.R. Parts 29 and 30, and
Page 27 1 rules adopted by the Alabama Office of Apprenticeship,
2 including rules requiring a written apprenticeship agreement.
3 (8) STATE APPRENTICESHIP AGENCY. The Alabama Office
4 of Apprenticeship.
5 (c) Commencing with the 2023-2024 school year,
6 students in public schools shall earn one or more of the
7 following college or career readiness indicators, and any
8 additional college and career readiness indicators approved by
9 the State Board of Education, before graduation:
10 (1) Earning a benchmark score in any subject area on
11 the ACT college entrance exam.
12 (2) Earning a qualifying score of three or higher on
13 an advanced placement exam.
14 (3) Earning a qualifying score of four or higher on
15 an international baccalaureate exam.
16 (4) Earning college credit while in high school.
17 (5) Earning a silver or gold level on the ACT
18 WorkKeys Exam.
19 (6) Registration in a school youth registered
20 apprenticeship program.
21 (7) Completing a certified preapprenticeship
22 program.
23 (8) Earning a career technical industry credential
24 listed on the compendium of valuable credentials of the
25 Alabama Committee on Credentialing and Career Pathways.
26 (9) Being accepted into the military before
27 graduation.
Page 28 1 (10) Attaining career and technical education
2 concentrator status.
3 (d) The State Superintendent of Education shall
4 require career coaches funded through the Career Coaches
5 Initiative of the state Career Tech Initiative supported by
6 the Education Trust Fund, as defined and described in Chapter
7 13 of Title 16 and Chapter 9 of Title 29, Code of Alabama
8 1975, to satisfy or surpass annual targets, established by the
9 State Superintendent of Education and the Chair of the Alabama
10 Workforce Council, to increase the number of employer
11 placements for students participating in an internship,
12 cooperative education, on-the-job learning, preapprenticeship,
13 or registered apprenticeship programs recognized by the state
14 apprenticeship agency that are aligned to an occupation listed
15 on a regional or statewide list of in-demand occupations
16 adopted by the Alabama Committee on Credentialing and Career
17 Pathways.
18 (e) Commencing with the 2023-2024 school year, the
19 career preparedness course required for graduation from public
20 K-12 schools shall include all of the following:
21 (1) Exploration of the in-demand jobs in the state
22 as identified annually by the Alabama Committee on
23 Credentialing and Career Pathways.
24 (2) Completion of the Alabama Works financial
25 literacy module approved by the State Superintendent of
26 Education and the Chair of the Alabama Workforce Council.
Page 29 1 (3) A work-based learning experience aligned to the
2 Alabama Committee on Credentialing and Career Pathways list of
3 in-demand occupations.
4 (4) Establishment of a state college and career
5 exploration tool account for each participating student.
6 (5) Completion of a workforce preparedness module
7 approved by the Alabama Workforce Council that is focused on
8 employability skills, resume and interview success, and
9 securing postsecondary and workforce opportunities post high
10 school.
11 (f) The State Superintendent of Education and the
12 Chair of the Alabama Workforce Council shall collaborate to
13 implement the modifications and customization of the career
14 preparedness course to meet the needs of each of the seven
15 workforce regions of the state.
16 (g) On or before December 30, 2022, the career
17 preparedness course of study shall be revised to reflect the
18 provisions of this subsection. Thereafter, the career
19 preparedness course of study shall be revised every seven
20 years.
21 Section 4. The appointing authorities for the
22 Alabama Workforce Council Committee on Credential Quality and
23 Transparency and the P-20W Council shall coordinate their
24 appointments to assure the Alabama Workforce Council Committee
25 on Credential Quality and Transparency and the P-20W Council
26 membership is inclusive and reflects the racial, gender,
27 geographic, urban, rural, and economic diversity of the state.
Page 30 1 Section 5. Although this bill would have as its
2 purpose or effect the requirement of a new or increased
3 expenditure of local funds, the bill is excluded from further
4 requirements and application under Amendment 621, as amended
5 by Amendment 890, now appearing as Section 111.05 of the
6 Official Recompilation of the Constitution of Alabama of 1901,
7 as amended, because the bill defines a new crime or amends the
8 definition of an existing crime.
9 Section 6. This act shall become effective on the
10 first day of the third month following its passage and
11 approval by the Governor, or its otherwise becoming law.
Page 31 1
2
House of Representatives3
Read for the first time and re-4
5 ferred to the House of Representa-
6 tives committee on Education Policy
....................................7 .......02-FEB-22
8
Read for the second time and placed9
on the calendar 1 amendment ......10 .......09-FEB-22
11
Read for the third time and passed12
as amended.........................13 .......15-FEB-22
Yeas 98, Nays 2, Abstains 014
15
16 Jeff Woodard
17 Clerk
18
Page 32