16 | | - | 8 Relating to credentials and the workforce; to create |
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17 | | - | 9 the Alabama Credential Quality and Transparency Act as a new |
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18 | | - | 10 Division 9, commencing with Section 41-29-350, Article 3, |
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19 | | - | 11 Chapter 29, Title 41, Code of Alabama 1975; to establish the |
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20 | | - | 12 Alabama Workforce Council Committee on Credential Quality and |
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21 | | - | 13 Transparency; to provide for full, free, open, public, and |
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22 | | - | 14 interoperable essential data about all educational and |
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23 | | - | 15 occupational credentials and competencies available to the |
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24 | | - | 16 residents of the state; to create the Alabama Terminal on |
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25 | | - | 17 Linking and Analyzing Statistics (ATLAS) on Career Pathways |
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26 | | - | 18 Act as a new Division 10, commencing with Section 41-29-360, |
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27 | | - | 19 Article 3, Chapter 29, Title 41, Code of Alabama 1975; to |
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28 | | - | 20 provide a database through which students, job seekers, and |
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29 | | - | 21 employers may search, compare, and analyze common information |
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30 | | - | 22 about credentials and competencies before making decisions |
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31 | | - | 23 about the quality and value of credentials and the education |
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32 | | - | 24 and workforce programs related to those credentials; to |
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33 | | - | 25 establish the Alabama College and Career Readiness Act by |
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34 | | - | 26 adding Section 41-29-298 to the Code of Alabama 1975; relating |
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35 | | - | 27 to education, credentials, and the workforce; to establish a |
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36 | | - | Page 1 1 statewide definition of college and career readiness and for |
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37 | | - | 2 other purposes relating to workforce development; and in |
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38 | | - | 3 connection therewith to have as its purpose or effect the |
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39 | | - | 4 requirement of a new or increased expenditure of local funds |
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40 | | - | 5 within the meaning of Amendment 621 of the Constitution of |
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41 | | - | 6 Alabama of 1901, as amended by Amendment 890, now appearing as |
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42 | | - | 7 Section 111.05 of the Official Recompilation of the |
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43 | | - | 8 Constitution of Alabama of 1901, as amended. |
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44 | | - | 9 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
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45 | | - | 10 Section 1. Division 9, commencing with Section |
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46 | | - | 11 41-29-350, is added to Article 3, Chapter 29, Title 41 of the |
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47 | | - | 12 Code of Alabama 1975, to read as follows: |
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48 | | - | 13 §41-29-350. |
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49 | | - | 14 This division shall be known and may be cited as the |
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50 | | - | 15 Alabama Credential Quality and Transparency Act. |
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51 | | - | 16 §41-29-351. |
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52 | | - | 17 The Legislature finds and declares all of the |
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53 | | - | 18 following: |
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54 | | - | 19 (1) With nearly 1,000,000 unique credentials in the |
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55 | | - | 20 United States, and at least 5,000 available from Alabama-based |
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56 | | - | 21 providers alone, too many Alabamians do not know which |
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57 | | - | 22 credentials lead to desired outcomes, and employers are unable |
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58 | | - | 23 to understand what skills workers bring to a job. |
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59 | | - | 24 (2) It is critical for credential providers to |
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60 | | - | 25 publish credentials to the Alabama Credential Registry in |
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61 | | - | 26 searchable and comparable formats using a common schema |
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62 | | - | 27 aligned with national standards and trends. |
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63 | | - | Page 2 1 (3) There is a need for better, consistent, and |
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64 | | - | 2 transparent data about credentials and their outcomes in the |
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65 | | - | 3 state to more accurately enable the Alabama Committee on |
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66 | | - | 4 Credentialing and Career Pathways to identify credentials of |
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67 | | - | 5 value. |
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68 | | - | 6 §41-29-352. |
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69 | | - | 7 For the purposes of this division, the following |
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70 | | - | 8 terms shall have the following meanings: |
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71 | | - | 9 (1) COMMITTEE. The Alabama Workforce Council |
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72 | | - | 10 Committee on Credential Quality and Transparency. |
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73 | | - | 11 (2) COMPETENCY. A description of measurable or |
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74 | | - | 12 observable knowledge, skills, and abilities necessary for the |
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75 | | - | 13 successful performance of a task in a given context. |
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76 | | - | 14 (3) CONSUMER. Includes, but is not limited to, |
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77 | | - | 15 students, learners, workers, unemployed individuals, veterans, |
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78 | | - | 16 employers, educators, counselors, program administrators, |
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79 | | - | 17 policy makers, advocates, researchers, parents, and other |
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80 | | - | 18 individuals who are invested in understanding the quality and |
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81 | | - | 19 value of credentials and competencies in the education and |
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82 | | - | 20 employment marketplace. |
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83 | | - | 21 (4) CREDENTIAL. A qualification, achievement, or |
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84 | | - | 22 recognition of competence by an external entity used to |
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85 | | - | 23 indicate suitability through mastery of competencies |
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86 | | - | 24 associated with the credential. For the purposes of this |
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87 | | - | 25 division, credentials include, but are not limited to, |
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88 | | - | 26 diplomas, microcredentials, badges, certificates, industry |
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89 | | - | 27 recognized and registered apprenticeship certificates of |
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90 | | - | Page 3 1 completions, occupational licenses, certifications, and |
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91 | | - | 2 degrees of all types and levels. |
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92 | | - | 3 (5) CREDENTIAL PROVIDER. Any organization that owns, |
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93 | | - | 4 offers, or issues an educational or occupational credential to |
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94 | | - | 5 an individual. |
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95 | | - | 6 (6) CREDENTIAL REGISTRY. The virtual repository of |
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96 | | - | 7 Alabama competency and credential data, accessible to |
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97 | | - | 8 credential providers and the public through an online profile. |
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98 | | - | 9 (7) DYNAMIC CAREER PATHWAY. A career pathway that is |
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99 | | - | 10 approved by the committee and that includes a sequence of |
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100 | | - | 11 occupations that are included on the statewide and regional |
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101 | | - | 12 lists of in-demand occupations and occupations that are part |
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102 | | - | 13 of the dynamic career pathway but are not on a regional or |
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103 | | - | 14 statewide list of in-demand occupations. |
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104 | | - | 15 (8) OCCUPATIONAL ONTOLOGY. The tiered system for |
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105 | | - | 16 classifying competencies and credentials based on their |
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106 | | - | 17 alignment with specific occupations. |
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107 | | - | 18 §41-29-353. |
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108 | | - | 19 (a) The Alabama Workforce Council Committee on |
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109 | | - | 20 Credential Quality and Transparency is established as a |
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110 | | - | 21 committee of the Alabama Workforce Council to advise the |
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111 | | - | 22 Alabama Committee on Credentialing and Career Pathways on |
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112 | | - | 23 making credential and competency data collected through the |
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113 | | - | 24 Alabama Credential Registry publicly available, searchable, |
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114 | | - | 25 comparable, and interoperable using open specifications and |
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115 | | - | 26 linked data formats, including credential transparency |
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116 | | - | 27 description language specifications. |
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117 | | - | Page 4 1 (b) The committee shall be composed of the following |
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118 | | - | 2 members: |
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119 | | - | 3 (1) One representative from each of the technical |
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120 | | - | 4 advisory committees of the Alabama Committee on Credentialing |
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121 | | - | 5 and Career Pathways. |
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122 | | - | 6 (2) The Governor, or his or her designee, who shall |
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123 | | - | 7 chair the committee, shall vote only in the case of a tie, and |
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124 | | - | 8 may not make or second motions. |
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125 | | - | 9 (3) The Secretary of the Department of Early |
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126 | | - | 10 Childhood Education, or his or her designee. |
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127 | | - | 11 (4) The State Superintendent of Education, or his or |
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128 | | - | 12 her designee. |
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129 | | - | 13 (5) The Executive Director of the Alabama Commission |
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130 | | - | 14 on Higher Education, or his or her designee. |
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131 | | - | 15 (6) The Chancellor of the Alabama Community College |
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132 | | - | 16 System, or his or her designee. |
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133 | | - | 17 (7) The Secretary of the Department of Commerce, of |
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134 | | - | 18 his or her designee. |
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135 | | - | 19 (8) The Secretary of Labor, or his or her designee. |
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136 | | - | 20 (9) The Commissioner of the Department of |
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137 | | - | 21 Rehabilitation Services, or his or her designee. |
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138 | | - | 22 (c) The committee, no later than June 30, 2023, and |
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139 | | - | 23 the 30th day of the month of June in each consecutive year, |
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140 | | - | 24 shall provide to the Alabama Committee on Credentialing and |
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141 | | - | 25 Career Pathways, an annual, up-to-date list of credentials of |
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142 | | - | 26 value, to be known as the compendium of valuable credentials, |
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143 | | - | 27 for each of the industry sectors. Based on recommendations |
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144 | | - | Page 5 1 provided by the Office of Education and Workforce Statistics, |
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145 | | - | 2 the committee shall review each credential, newly published or |
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146 | | - | 3 revised, to the Alabama Credential Registry, on a continuing |
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147 | | - | 4 basis and at least annually, against the quality assurance |
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148 | | - | 5 criteria as determined by the Alabama Committee on |
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149 | | - | 6 Credentialing and Career Pathways, and shall classify each |
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150 | | - | 7 credential registered to the Alabama Credential Registry, |
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151 | | - | 8 along with its associated competencies, using the Alabama |
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152 | | - | 9 Occupational Ontology. |
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153 | | - | 10 (d) The committee shall ensure that open credential |
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154 | | - | 11 and competency data is included in, used for, and benefits all |
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155 | | - | 12 of the following: |
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156 | | - | 13 (1) Providing data to improve navigations and |
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157 | | - | 14 guidance tools for the state to identify education and career |
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158 | | - | 15 pathways that lead to economic self-sufficiency, including the |
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159 | | - | 16 Alabama College and Career Exploration Tool. |
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160 | | - | 17 (2) Providing data to improve the process used by |
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161 | | - | 18 the Alabama Committee on Credentialing and Career Pathways to |
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162 | | - | 19 identify credentials of value. |
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163 | | - | 20 (3) Providing data to be used to determine the |
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164 | | - | 21 return on investment for programs and credentials. |
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165 | | - | 22 (4) Providing data on identifying gaps in the |
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166 | | - | 23 availability of high-quality credentials in the state. |
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167 | | - | 24 (5) Providing data to align education and workforce |
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168 | | - | 25 credentials. |
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169 | | - | 26 §41-29-354. |
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170 | | - | Page 6 1 (a) Essential information to maximize informed |
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171 | | - | 2 consumer decisions about all nondegree workforce and |
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172 | | - | 3 occupational credentials and their associated competencies, |
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173 | | - | 4 costs, career pathways, process and outcome-based quality |
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174 | | - | 5 assurance indicators, assessments that are delivered, issued, |
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175 | | - | 6 funded, authorized, overseen, or governed in the state using |
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176 | | - | 7 funding from the Education Trust Fund, the Workforce |
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177 | | - | 8 Innovation and Opportunity Act (P.L. 113-128), licenses issued |
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178 | | - | 9 by any state occupational licensing board or commission, the |
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179 | | - | 10 Carl D. Perkins Career and Technical Education Act of 2006 |
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180 | | - | 11 (P.L. 115-224), or the state approving agency for veterans |
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181 | | - | 12 education and training shall be made publicly available, |
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182 | | - | 13 searchable, comparable, and interoperable using open |
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183 | | - | 14 specifications and linked data formats including credential |
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184 | | - | 15 transparency description language specifications and the |
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185 | | - | 16 annual publication of all educational and occupational |
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186 | | - | 17 credentials, and their associated competencies, to the Alabama |
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187 | | - | 18 Credential Registry. |
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188 | | - | 19 (b) The format and specifications for making all |
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189 | | - | 20 educational and occupational credentials and their associated |
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190 | | - | 21 competencies public, open, and interoperable shall be approved |
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191 | | - | 22 by the committee, be aligned with widely recognized and |
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192 | | - | 23 adopted standards, and allow for open access across sectors |
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193 | | - | 24 and platforms. The information shall be human-readable, |
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194 | | - | 25 machine-actionable, current, accurate, and maintained on the |
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195 | | - | 26 Alabama Credential Registry. |
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196 | | - | Page 7 1 (c) The committee shall coordinate the requirements |
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197 | | - | 2 of this section to ensure that all required data collected |
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198 | | - | 3 through the Alabama Credential Registry is made public in |
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199 | | - | 4 required formats on the Alabama Credential Registry. |
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200 | | - | 5 §41-29-355. |
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201 | | - | 6 (a) All data published to the Alabama Credential |
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202 | | - | 7 Registry in the required open formats and with the data |
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203 | | - | 8 elements described in this division shall be fully available |
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204 | | - | 9 to the public for open use. The data required under this |
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205 | | - | 10 division shall not include any personally identifiable |
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206 | | - | 11 information. |
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207 | | - | 12 (b) No later than January 1, 2023, secondary and |
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208 | | - | 13 postsecondary career and technical education credentials |
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209 | | - | 14 funded through the Carl D. Perkins Career and Technical |
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210 | | - | 15 Education Act of 2006 (P.L. 115-224) and programs listed on |
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211 | | - | 16 the eligible training provider list funded through the |
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212 | | - | 17 Workforce Innovation and Opportunity Act (P.L. 113-128) shall |
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213 | | - | 18 be registered to the compendium of valuable credentials |
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214 | | - | 19 adopted by the Alabama Committee on Credentialing and Career |
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215 | | - | 20 Pathways and aligned to the Alabama Committee on Credentialing |
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216 | | - | 21 and Career Pathways statewide and regional lists of in-demand |
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217 | | - | 22 jobs or dynamic career pathways, or both. |
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218 | | - | 23 (c) All credential and competency data published to |
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219 | | - | 24 the Alabama Credential Registry shall satisfy the requirements |
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220 | | - | 25 of this division on, or before, January 1, 2023. |
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221 | | - | Page 8 1 Section 2. Division 10, commencing with Section |
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222 | | - | 2 41-29-360, is added to Article 3, Chapter 29, Title 41 of the |
---|
223 | | - | 3 Code of Alabama 1975, to read as follows: |
---|
224 | | - | 4 §41-29-360. |
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225 | | - | 5 (a) This division shall be known and may be cited as |
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226 | | - | 6 the Alabama Terminal on Linking and Analyzing Statistics |
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227 | | - | 7 (ATLAS) on Career Pathways Act. |
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228 | | - | 8 (b) For the purposes of this division, the following |
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229 | | - | 9 terms shall have the following meanings: |
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230 | | - | 10 (1) AGGREGATED DATA. Information produced by |
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231 | | - | 11 combining unit-record data from one or more sources into |
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232 | | - | 12 summary form for the purpose of analysis or public reporting, |
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233 | | - | 13 or both. |
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234 | | - | 14 (2) COUNCIL. The P-20W Council. |
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235 | | - | 15 (3) DE-IDENTIFICATION. The removal of personally |
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236 | | - | 16 identifiable information and other unique characteristics from |
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237 | | - | 17 data so the data may be analyzed without disclosing the |
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238 | | - | 18 identity of the associated individual. |
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239 | | - | 19 (4) FAMILY EDUCATION RIGHTS AND PRIVACY ACT (FERPA) |
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240 | | - | 20 (20 U.S.C. § 1232g; 34 C.F.R. Part 99). A federal law that |
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241 | | - | 21 protects the privacy of student education records, applying to |
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242 | | - | 22 all entities that receive funds through the United States |
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243 | | - | 23 Department of Education. |
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244 | | - | 24 (5) OFFICE. The Office of Education and Workforce |
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245 | | - | 25 Statistics. |
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246 | | - | 26 (6) P-20W. An abbreviation signifying the education |
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247 | | - | 27 to workforce continuum, where P represents preschool, 20 |
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248 | | - | Page 9 1 represents kindergarten through graduate school, and W |
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249 | | - | 2 represents workforce. |
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250 | | - | 3 (7) PERSONALLY IDENTIFIABLE INFORMATION. A data |
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251 | | - | 4 element, or combination of data elements, contained in an |
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252 | | - | 5 electronic record that identifies an individual. Under the |
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253 | | - | 6 federal Family Education Rights and Privacy Act (FERPA), the |
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254 | | - | 7 term means identifiable information that is maintained |
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255 | | - | 8 in education records, including direct identifiers, such as |
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256 | | - | 9 the name or identification number of the student, indirect |
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257 | | - | 10 identifiers, such as the date of birth of the student, or |
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258 | | - | 11 other information which may be used to distinguish or trace |
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259 | | - | 12 the identity of an individual, either directly or indirectly, |
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260 | | - | 13 through linkages with other information. |
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261 | | - | 14 (8) STUDENT DATA. |
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262 | | - | 15 a. Data relating to student performance including |
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263 | | - | 16 all of the following: |
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264 | | - | 17 1. State and national assessments. |
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265 | | - | 18 2. Course taking and completion. |
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266 | | - | 19 3. Grade point average. |
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267 | | - | 20 4. Remediation. |
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268 | | - | 21 5. Retention. |
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269 | | - | 22 6. Special population status as defined by the |
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270 | | - | 23 Alabama Workforce Innovation and Opportunity Act state plan. |
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271 | | - | 24 7. Degree, diploma, or credential attainment. |
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272 | | - | 25 8. Enrollment and absenteeism data. |
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273 | | - | 26 9. Demographic data. |
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274 | | - | 27 10. Suspension and expulsion records. |
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275 | | - | Page 10 1 11. Student financial aid data. |
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276 | | - | 2 b. Student data does not include any of the |
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277 | | - | 3 following: |
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278 | | - | 4 1. Juvenile delinquency records. |
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279 | | - | 5 2. Criminal records. |
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280 | | - | 6 3. Medical and health records. |
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281 | | - | 7 (9) SYSTEM. The Alabama Terminal on Linking and |
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282 | | - | 8 Analyzing Statistics (ATLAS) on Career Pathways longitudinal |
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283 | | - | 9 database system. |
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284 | | - | 10 (10) WORKFORCE DATA. Data relating to any of the |
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285 | | - | 11 following: |
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286 | | - | 12 a. Employment status. |
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287 | | - | 13 b. Wage information. |
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288 | | - | 14 c. Special population status as defined by the |
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289 | | - | 15 Alabama Workforce Innovation and Opportunity Act state plan. |
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290 | | - | 16 d. Geographic location of employment. |
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291 | | - | 17 e. Industry or occupation, or both. |
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292 | | - | 18 §41-29-361. |
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293 | | - | 19 The Alabama Terminal on Linking and Analyzing |
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294 | | - | 20 Statistics (ATLAS) on Career Pathways System is established as |
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295 | | - | 21 a secure system to exchange and match individual-level |
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296 | | - | 22 education and workforce data from partner agencies while |
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297 | | - | 23 upholding legal protections to ensure the privacy and security |
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298 | | - | 24 of personally identifiable information. The system makes it |
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299 | | - | 25 possible to match data from various agencies and programs over |
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300 | | - | 26 time to create longitudinal records that may then be |
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301 | | - | 27 aggregated and analyzed to assist policy makers with |
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302 | | - | Page 11 1 developing strategies to improve education and workforce |
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303 | | - | 2 outcomes. The system shall generate timely and accurate |
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304 | | - | 3 information on education and training programs to empower |
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305 | | - | 4 students, families, and employers with information to make |
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306 | | - | 5 decisions best suited for their individual needs and to |
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307 | | - | 6 improve the education and training systems at all levels. The |
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308 | | - | 7 system shall be configured in the following manner: |
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309 | | - | 8 (1) All information matched from partner agencies |
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310 | | - | 9 shall be collected, safeguarded, kept confidential, and used |
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311 | | - | 10 only by the Office of Education and Workforce Statistics in |
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312 | | - | 11 accordance with this division and other state and federal law. |
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313 | | - | 12 (2) Each partner entity shall retain ownership of |
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314 | | - | 13 any data it provides to the system and shall reserve the right |
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315 | | - | 14 to opt out of any research request if the request would |
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316 | | - | 15 violate state or federal law. To that end, all of the |
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317 | | - | 16 following shall apply: |
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318 | | - | 17 a. A partner entity may not have access to data |
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319 | | - | 18 owned by another partner entity unless a data request is |
---|
320 | | - | 19 approved unanimously by the P-20W Council. |
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321 | | - | 20 b. Nothing in this division or P-20W Council rule or |
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322 | | - | 21 policy may prevent partners from engaging in direct data |
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323 | | - | 22 sharing agreements with other partners or with external |
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324 | | - | 23 entities, so long as the data to be shared is owned by the |
---|
325 | | - | 24 contracting parties. |
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326 | | - | 25 (3) The system shall serve as a data linkage that |
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327 | | - | 26 connects student and workforce data provided by P-20W Council |
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328 | | - | 27 member agencies. |
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329 | | - | Page 12 1 (4) The system shall conduct research relating to |
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330 | | - | 2 all of the following: |
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331 | | - | 3 a. The effectiveness of state and federal education |
---|
332 | | - | 4 and workforce programs. |
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333 | | - | 5 b. The performance of education preparation |
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334 | | - | 6 programs. |
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335 | | - | 7 c. Instructional practices, education program |
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336 | | - | 8 design, and curriculum alignment. |
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337 | | - | 9 d. Fulfilling data requests required for state and |
---|
338 | | - | 10 federal reporting. |
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339 | | - | 11 e. The research agenda adopted by the P-20W Council. |
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340 | | - | 12 f. Fulfilling research requests from external |
---|
341 | | - | 13 researchers or stakeholders that are unanimously approved by |
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342 | | - | 14 the P-20W Council. |
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343 | | - | 15 §41-29-362. |
---|
344 | | - | 16 (a) The P-20W Council is established to govern the |
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345 | | - | 17 system. |
---|
346 | | - | 18 (b) The membership of the council shall consist of |
---|
347 | | - | 19 all of the following: |
---|
348 | | - | 20 (1) The Governor, or his or her designee, who shall |
---|
349 | | - | 21 serve as chair of the council. |
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350 | | - | 22 (2) Each partner agency head, or designee, who has |
---|
351 | | - | 23 signed a memorandum of understanding to share data with the |
---|
352 | | - | 24 system. |
---|
353 | | - | 25 (3) The Chair of the House Ways and Means Education |
---|
354 | | - | 26 Committee. |
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355 | | - | Page 13 1 (4) The Chair of the Senate Finance and Taxation |
---|
356 | | - | 2 Education Committee. |
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357 | | - | 3 (5) The Chair of the Alabama Workforce Council. |
---|
358 | | - | 4 (6) Up to four members of the general public, who |
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359 | | - | 5 are experienced in education and workforce data and |
---|
360 | | - | 6 statistics, who shall be appointed by the Governor and serve |
---|
361 | | - | 7 at the pleasure of the Governor. |
---|
362 | | - | 8 (c) The council shall perform all of the following |
---|
363 | | - | 9 duties: |
---|
364 | | - | 10 (1) Develop a strategic plan, using a process that |
---|
365 | | - | 11 is inclusive of the P-20W Council and all relevant |
---|
366 | | - | 12 stakeholders, that includes a vision for all of the following: |
---|
367 | | - | 13 a. Increasing data matching efficiencies. |
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368 | | - | 14 b. Creating publicly available data visualization |
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369 | | - | 15 and research tools. |
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370 | | - | 16 c. Making aggregated data available to authorized |
---|
371 | | - | 17 entities in a timely manner. |
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372 | | - | 18 d. Creating a secure portal for authorized personnel |
---|
373 | | - | 19 of the P-20W Council to transmit data to the Office of |
---|
374 | | - | 20 Education and Workforce Statistics. |
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375 | | - | 21 (2) Oversee the development, adoption, and |
---|
376 | | - | 22 implementation of rules and policies to govern the proceedings |
---|
377 | | - | 23 of the council, the office, and the system. |
---|
378 | | - | 24 (3) Oversee compliance regarding the protection of |
---|
379 | | - | 25 data shared with the system, including compliance with |
---|
380 | | - | 26 applicable state and federal law. |
---|
381 | | - | Page 14 1 (4) Develop a data governance and security plan for |
---|
382 | | - | 2 the system regarding the use, privacy, and security of data |
---|
383 | | - | 3 consistent with state and federal law, including the federal |
---|
384 | | - | 4 Family Education Rights and Privacy Act (FERPA), publish the |
---|
385 | | - | 5 plan on the system website, and provide an electronic copy of |
---|
386 | | - | 6 the plan to each partner agency. |
---|
387 | | - | 7 (5) Establish the research agenda for the system. |
---|
388 | | - | 8 (6) Establish a process for proposing and approving |
---|
389 | | - | 9 requests for reports using data matched in the system. |
---|
390 | | - | 10 (7) Establish policies for sharing aggregated data |
---|
391 | | - | 11 or reports with the public or external entities. |
---|
392 | | - | 12 (8) Develop strategies for promoting the transparent |
---|
393 | | - | 13 operation of the system. |
---|
394 | | - | 14 (9) Form standing and ad hoc committees and working |
---|
395 | | - | 15 groups from among its own membership to accomplish its duties. |
---|
396 | | - | 16 (10) Prepare and provide an annual report to the |
---|
397 | | - | 17 Governor, Lieutenant Governor, Speaker of the House of |
---|
398 | | - | 18 Representatives, President Pro Tempore of the Senate, Chairs |
---|
399 | | - | 19 of the House Education Policy, Senate Education Policy, House |
---|
400 | | - | 20 Ways and Means Education, and Senate Finance and Taxation |
---|
401 | | - | 21 Education Committees on the implementation of the system and |
---|
402 | | - | 22 the activities of the Office of Education and Workforce |
---|
403 | | - | 23 Statistics during the preceding year. The report shall include |
---|
404 | | - | 24 all of the following: |
---|
405 | | - | 25 a. A list and analysis of all research studies |
---|
406 | | - | 26 conducted by the P-20W Council and the Office of Education and |
---|
407 | | - | Page 15 1 Workforce Statistics using the system during the preceding |
---|
408 | | - | 2 year. |
---|
409 | | - | 3 b. Recommendations or policy changes made by the |
---|
410 | | - | 4 system and the Office of Education and Workforce Statistics |
---|
411 | | - | 5 during the preceding fiscal year. |
---|
412 | | - | 6 c. Goals, recommendations, and priorities for the |
---|
413 | | - | 7 succeeding fiscal year. |
---|
414 | | - | 8 (d) All policies and procedures developed by the |
---|
415 | | - | 9 P-20W Council for the governance and security plan shall apply |
---|
416 | | - | 10 to the Office of Education and Workforce Statistics and all |
---|
417 | | - | 11 vendors and contractors of the Office of Education and |
---|
418 | | - | 12 Workforce Statistics with access to the system and shall be |
---|
419 | | - | 13 incorporated in all contracts. The governance and security |
---|
420 | | - | 14 plan developed pursuant to this section, at a minimum, shall |
---|
421 | | - | 15 include all the following: |
---|
422 | | - | 16 (1) Secure procedures; training; administrative, |
---|
423 | | - | 17 physical, and technical safeguards; internal accountability |
---|
424 | | - | 18 processes; periodic privacy and security audits; review and |
---|
425 | | - | 19 risk assessments; and security clearance requirements for |
---|
426 | | - | 20 individuals with access to personally identifiable |
---|
427 | | - | 21 information. |
---|
428 | | - | 22 (2) Sanctions for violations of the governance and |
---|
429 | | - | 23 security plan. |
---|
430 | | - | 24 (3) Prohibitions against the use of data for |
---|
431 | | - | 25 unauthorized purposes. |
---|
432 | | - | 26 (4) Record keeping, data backup, and data |
---|
433 | | - | 27 destruction plans. |
---|
434 | | - | Page 16 1 (5) Access and use protocols for third-party vendors |
---|
435 | | - | 2 and contractors. |
---|
436 | | - | 3 §41-29-363. |
---|
437 | | - | 4 (a) Except as otherwise provided in subsection (a) |
---|
438 | | - | 5 of Section 41-29-365: |
---|
439 | | - | 6 (1) The regular meetings of the council shall be |
---|
440 | | - | 7 held at a time and place established by the chair, at least |
---|
441 | | - | 8 four times per state fiscal year. |
---|
442 | | - | 9 (2) Special meetings of the council may be called by |
---|
443 | | - | 10 the chair, or upon written request of a majority of the |
---|
444 | | - | 11 members of the council. |
---|
445 | | - | 12 (3) All regular and special meetings of the council |
---|
446 | | - | 13 shall comply with the Open Meetings Act. |
---|
447 | | - | 14 (b) A majority of the members of the council, or |
---|
448 | | - | 15 their designees, shall constitute a quorum for the transaction |
---|
449 | | - | 16 of business. Members of the council may participate in any |
---|
450 | | - | 17 meeting by means of a telephonic conference, video conference, |
---|
451 | | - | 18 or similar communications equipment, provided that all persons |
---|
452 | | - | 19 participating in the meeting are able to hear one another at |
---|
453 | | - | 20 the same time. Participation by such means shall constitute |
---|
454 | | - | 21 in-person presence at a meeting. |
---|
455 | | - | 22 (c) The council shall follow Robert's Rules of Order |
---|
456 | | - | 23 to the extent that those procedures are not inconsistent with |
---|
457 | | - | 24 this division and state law. |
---|
458 | | - | 25 (d) The recording of any meeting of the council, or |
---|
459 | | - | 26 of any committee of the council, and the public access |
---|
460 | | - | Page 17 1 thereto, shall be governed by the state law relating to open |
---|
461 | | - | 2 meetings and the accessibility of public records. |
---|
462 | | - | 3 (e)(1) Each member, including the chair, shall have |
---|
463 | | - | 4 one vote on any measure before the council. Voting on all |
---|
464 | | - | 5 matters shall be by voice vote or by roll call, and the ayes |
---|
465 | | - | 6 and nays shall be entered in the minutes of the meeting. |
---|
466 | | - | 7 (2) The chair may not make or second any motions, |
---|
467 | | - | 8 unless otherwise provided by this division. |
---|
468 | | - | 9 (3) Any action of a majority of a present quorum |
---|
469 | | - | 10 shall be considered an act of the council. |
---|
470 | | - | 11 (f) Each member of the council may appoint a |
---|
471 | | - | 12 designee to represent him or her during the proceedings of the |
---|
472 | | - | 13 council, and the designee shall enjoy the full rights and |
---|
473 | | - | 14 privileges of a member of the council. A member shall notify |
---|
474 | | - | 15 the chair, in writing, of the appointment of a designee. |
---|
475 | | - | 16 Letters of designation shall remain on file with the chair and |
---|
476 | | - | 17 the appointee shall be considered the official designee until |
---|
477 | | - | 18 a subsequent designation letter is received, or a written |
---|
478 | | - | 19 request is received by the chair to rescind the designation. |
---|
479 | | - | 20 (g) The chair shall serve as parliamentarian, or may |
---|
480 | | - | 21 designate a parliamentarian to serve the council. The ruling |
---|
481 | | - | 22 of the parliamentarian on procedural questions shall be |
---|
482 | | - | 23 considered final. |
---|
483 | | - | 24 (h) The members of the P-20W Council shall not |
---|
484 | | - | 25 receive a salary or per diem allowance for their service, but |
---|
485 | | - | 26 shall be reimbursed through the Department of Commerce for |
---|
486 | | - | Page 18 1 expenses incurred in the performance of their duties for the |
---|
487 | | - | 2 office at the same rate as provided for state employees. |
---|
488 | | - | 3 (i) Direct access to personally identifying |
---|
489 | | - | 4 information in the system is restricted to Office of Education |
---|
490 | | - | 5 and Workforce Statistics staff and authorized staff approved |
---|
491 | | - | 6 by the P-20W Council. The Office of Education and Workforce |
---|
492 | | - | 7 Statistics agrees not to re-disclose personally identifiable |
---|
493 | | - | 8 information or any information derived from the personally |
---|
494 | | - | 9 identifiable information, except aggregated data as authorized |
---|
495 | | - | 10 by the P-20W Council. |
---|
496 | | - | 11 (j) Any person who knowingly releases data collected |
---|
497 | | - | 12 pursuant to this division to any other person not authorized |
---|
498 | | - | 13 to lawfully receive the data shall be guilty of a Class C |
---|
499 | | - | 14 felony and punished as provided by law. |
---|
500 | | - | 15 §41-29-364. |
---|
501 | | - | 16 The council may establish standing or ad hoc |
---|
502 | | - | 17 committees as necessary. Standing and ad hoc committees of the |
---|
503 | | - | 18 council shall possess authority as provided by the council. |
---|
504 | | - | 19 (1) A standing committee established by the council |
---|
505 | | - | 20 shall operate until disbanded by an act of the council. Each |
---|
506 | | - | 21 member of a standing committee shall be the contact of record |
---|
507 | | - | 22 for the agencies he or she represents and shall provide timely |
---|
508 | | - | 23 information and response to the Office of Education and |
---|
509 | | - | 24 Workforce Statistics and the P-20W Council. |
---|
510 | | - | 25 (2) An ad hoc committee established by the council |
---|
511 | | - | 26 shall operate for a definite period of time or purpose |
---|
512 | | - | 27 provided in the action establishing the ad hoc committee. |
---|
513 | | - | Page 19 1 (3) The chair of the council shall appoint the chair |
---|
514 | | - | 2 of any standing or ad hoc committee and each member of the |
---|
515 | | - | 3 council may serve on a standing or ad hoc committee. |
---|
516 | | - | 4 (4) Each standing or ad hoc committee may establish |
---|
517 | | - | 5 procedures for conducting the business of the committee. |
---|
518 | | - | 6 §41-29-365. |
---|
519 | | - | 7 (a) The Office of Education and Workforce Statistics |
---|
520 | | - | 8 is established within the Department of Commerce to manage the |
---|
521 | | - | 9 activities of the system on behalf of the council. The Office |
---|
522 | | - | 10 of Education and Workforce Statistics shall be an authorized |
---|
523 | | - | 11 representative for member agencies of the P-20W Council under |
---|
524 | | - | 12 applicable state and federal laws and regulations for the |
---|
525 | | - | 13 purposes of accessing, aggregating, deidentifying, and |
---|
526 | | - | 14 compiling personally identifiable information for research |
---|
527 | | - | 15 studies, evaluations, or audits. The director of the office |
---|
528 | | - | 16 shall manage the office, serving an initial term of four |
---|
529 | | - | 17 years, and shall be directed by and report to the P-20W |
---|
530 | | - | 18 Council and shall be administratively supported by the |
---|
531 | | - | 19 Department of Commerce. The director of the office, who may |
---|
532 | | - | 20 not serve as a member of the council, shall serve as the |
---|
533 | | - | 21 executive secretary of the council and shall coordinate and |
---|
534 | | - | 22 facilitate all meetings and activities of the council and its |
---|
535 | | - | 23 standing and ad hoc committees. |
---|
536 | | - | 24 (b) The office shall perform all of the following |
---|
537 | | - | 25 functions: |
---|
538 | | - | 26 (1) Implement the directives of the P-20W Council |
---|
539 | | - | 27 for the operation of the system. |
---|
540 | | - | Page 20 1 (2) Maintain and implement system data sharing |
---|
541 | | - | 2 agreements, staff documentation, governance policies, and |
---|
542 | | - | 3 procedures created by the council and its standing and ad hoc |
---|
543 | | - | 4 committees. |
---|
544 | | - | 5 (3) Maintain the daily operation of the system by |
---|
545 | | - | 6 coordinating with developers, vendors, and partners. |
---|
546 | | - | 7 (4) Monitor vendor and contractor compliance with |
---|
547 | | - | 8 P-20W Council policies. |
---|
548 | | - | 9 (5) Provide the council and its standing and ad hoc |
---|
549 | | - | 10 committees with documentation regarding any developments, |
---|
550 | | - | 11 updates, audits, data breaches, funding, and other activities |
---|
551 | | - | 12 of the system on a regular basis. |
---|
552 | | - | 13 (6) Provide the council with an annual report, |
---|
553 | | - | 14 including any activities conducted and changes made, by |
---|
554 | | - | 15 January 31 of each year. |
---|
555 | | - | 16 (7) Coordinate research requests, gather data to |
---|
556 | | - | 17 develop approved reports, and deliver reports to fulfill |
---|
557 | | - | 18 requests unanimously approved by the P-20W Council. |
---|
558 | | - | 19 (8) Coordinate regular audits of the system and |
---|
559 | | - | 20 provide results of audits to the P-20W Council. |
---|
560 | | - | 21 (9) Maintain compliance with state and federal data |
---|
561 | | - | 22 privacy laws. |
---|
562 | | - | 23 (10) Manage the activities of grants associated with |
---|
563 | | - | 24 the system. |
---|
564 | | - | 25 (11) Serve as the external representative for the |
---|
565 | | - | 26 council on matters related to the operation of the system. |
---|
566 | | - | Page 21 1 (12) Collaborate with the Governor's Office of |
---|
567 | | - | 2 Education and Workforce Transformation and the Alabama |
---|
568 | | - | 3 Committee on Credentialing and Career Pathways to manage the |
---|
569 | | - | 4 annual Governor's Survey of Employer Competencies and produce |
---|
570 | | - | 5 the competency models and dynamic career pathways, as defined |
---|
571 | | - | 6 in Section 41-29-352, associated with the regional and |
---|
572 | | - | 7 statewide in-demand occupations. |
---|
573 | | - | 8 (13) Conduct research on the impact of state and |
---|
574 | | - | 9 federal education and training programs, the performance of |
---|
575 | | - | 10 education and workforce programs, and fulfill unanimously |
---|
576 | | - | 11 approved information requests. |
---|
577 | | - | 12 (c) In the event of a data breach, the office is |
---|
578 | | - | 13 responsible for all of the following actions in compliance |
---|
579 | | - | 14 with the Alabama Data Breach Notification Act of 2018: |
---|
580 | | - | 15 (1) Notifying all partner agencies and all |
---|
581 | | - | 16 potentially affected Alabama residents and employers of an |
---|
582 | | - | 17 unauthorized release or disclosure of personal identifiable |
---|
583 | | - | 18 information. A triggering event is considered a data breach |
---|
584 | | - | 19 when personally identifiable information was or is reasonably |
---|
585 | | - | 20 believed to have been acquired by an unauthorized individual |
---|
586 | | - | 21 or entity. |
---|
587 | | - | 22 (2) Notifying all council members within 24 hours |
---|
588 | | - | 23 after the discovery of the data breach. |
---|
589 | | - | 24 (3) Notifying all potentially affected Alabama |
---|
590 | | - | 25 residents and employers of the data breach in writing, in the |
---|
591 | | - | 26 most expedient means possible and without unreasonable delay, |
---|
592 | | - | 27 unless the delay is necessary to comply with a law enforcement |
---|
593 | | - | Page 22 1 investigation. In no event shall the notification be provided |
---|
594 | | - | 2 more than 15 days following the discovery of the data breach. |
---|
595 | | - | 3 (4) Notifying the Attorney General, as required by |
---|
596 | | - | 4 Section 8-38-6, if the number of individuals required to be |
---|
597 | | - | 5 notified exceeds one thousand. |
---|
598 | | - | 6 (5) Including in all written notifications to |
---|
599 | | - | 7 affected residents and employers, instructions for monitoring |
---|
600 | | - | 8 their credit reports. |
---|
601 | | - | 9 (6) Conducting an analysis to assess the level of |
---|
602 | | - | 10 the data breach and performing tests to ensure that the data |
---|
603 | | - | 11 breach has been eliminated. |
---|
604 | | - | 12 (7) Suspending any new data imports from partner |
---|
605 | | - | 13 agencies until the required analysis and testing has been |
---|
606 | | - | 14 completed, and providing written assurances, to those partner |
---|
607 | | - | 15 agencies affected by the data breach, that the data breach is |
---|
608 | | - | 16 no longer a threat and that a plan is being developed to |
---|
609 | | - | 17 improve the system to prevent future occurrences. |
---|
610 | | - | 18 (d) No member of, or designee appointed to, the |
---|
611 | | - | 19 council or any standing or ad hoc committee of the council may |
---|
612 | | - | 20 vote or otherwise participate in any discussion or debate on |
---|
613 | | - | 21 any matter before the council in which he or she, or an |
---|
614 | | - | 22 immediate family member, has a direct personal or pecuniary |
---|
615 | | - | 23 interest. A member or designee shall notify the chair of the |
---|
616 | | - | 24 council in writing of any conflict of interest. |
---|
617 | | - | 25 (e) No state agency may use data shared by another |
---|
618 | | - | 26 state agency without the express consent of the agency that |
---|
619 | | - | 27 owns the data. |
---|
620 | | - | Page 23 1 (f) Local education agencies, public institutions of |
---|
621 | | - | 2 higher education, and state agencies shall respond to the data |
---|
622 | | - | 3 requests and requirements of the P-20W Council and the Office |
---|
623 | | - | 4 of Education and Workforce Statistics in a timely and complete |
---|
624 | | - | 5 manner. |
---|
625 | | - | 6 (g) The Office of Education and Workforce Statistics |
---|
626 | | - | 7 may provide summary data to a publicly accessible web-based |
---|
627 | | - | 8 platform that is capable of assisting current and prospective |
---|
628 | | - | 9 students in making informed decisions about possible |
---|
629 | | - | 10 postsecondary credential pathways and outcomes. The web-based |
---|
630 | | - | 11 platform shall not contain personally identifiable |
---|
631 | | - | 12 information. Any personally identifiable information collected |
---|
632 | | - | 13 for the purposes of supporting or populating the web-based |
---|
633 | | - | 14 platform shall be aggregated into summary statistics before |
---|
634 | | - | 15 the information is used to ensure that the results cannot be |
---|
635 | | - | 16 used to identify individual students. The web-based platform |
---|
636 | | - | 17 shall do all of the following: |
---|
637 | | - | 18 (1) Be capable of searching and comparing available |
---|
638 | | - | 19 data across multiple programs and institution types. |
---|
639 | | - | 20 (2) Provide additional information on state-funded |
---|
640 | | - | 21 financial aid options. |
---|
641 | | - | 22 (3) Include military enlistment opportunities and |
---|
642 | | - | 23 benefits information including the Alabama National Guard. |
---|
643 | | - | 24 (4) Provide information on regional and statewide |
---|
644 | | - | 25 in-demand occupations. |
---|
645 | | - | 26 Section 3. Section 41-29-298 is added to the Code of |
---|
646 | | - | 27 Alabama 1975, to read as follows: |
---|
647 | | - | Page 24 1 §41-29-298. |
---|
648 | | - | 2 (a) This section shall be known and may be cited as |
---|
649 | | - | 3 the Alabama College and Career Readiness Act. |
---|
650 | | - | 4 (b) For the purposes of this section, the following |
---|
651 | | - | 5 terms shall have the following meanings: |
---|
652 | | - | 6 (1) CAREER AND TECHNICAL EDUCATION. The term has the |
---|
653 | | - | 7 same meaning as provided in Section 3 of the Carl D. Perkins |
---|
654 | | - | 8 Career and Technical Education Act of 2006 (P.L. 115-224). |
---|
655 | | - | 9 (2) CAREER AND TECHNICAL EDUCATION CONCENTRATOR. At |
---|
656 | | - | 10 the secondary school level, a student who has completed three |
---|
657 | | - | 11 or more career and technical education courses; or completed |
---|
658 | | - | 12 at least two courses in a single career and technical |
---|
659 | | - | 13 education program or program of study; or at the postsecondary |
---|
660 | | - | 14 level, a postsecondary student or adult who completes either |
---|
661 | | - | 15 of the following: |
---|
662 | | - | 16 a. At least 12 academic or career and technical |
---|
663 | | - | 17 education credits within a single program area sequence that |
---|
664 | | - | 18 is comprised of 12 or more academic and technical credits and |
---|
665 | | - | 19 terminates in the award of an industry-recognized credential, |
---|
666 | | - | 20 a certificate, or a degree. |
---|
667 | | - | 21 b. A short-term career and technical education |
---|
668 | | - | 22 program sequence of less than 12 credit units that terminates |
---|
669 | | - | 23 in the award of an industry-recognized credential, a |
---|
670 | | - | 24 certificate, or a degree. |
---|
671 | | - | 25 (3) COOPERATIVE EDUCATION. A method of education for |
---|
672 | | - | 26 an individual who, through written cooperative arrangements |
---|
673 | | - | 27 between a school and employer, receives instruction, including |
---|
674 | | - | Page 25 1 required rigorous and challenging academic courses and related |
---|
675 | | - | 2 career and technical education instruction, by alternation of |
---|
676 | | - | 3 study in school with a job in any occupational field, which |
---|
677 | | - | 4 alternation shall be planned and supervised by the school and |
---|
678 | | - | 5 employer so that each contributes to the education and |
---|
679 | | - | 6 employability of the individual; and may include an |
---|
680 | | - | 7 arrangement in which work periods and school attendance may be |
---|
681 | | - | 8 on alternate half days, full days, weeks, or other periods of |
---|
682 | | - | 9 time in fulfilling the cooperative program. The term also |
---|
683 | | - | 10 includes paid work with the express goal of attaining work |
---|
684 | | - | 11 experience for the participant where the work performed may |
---|
685 | | - | 12 not directly relate to the field of study of the student. At |
---|
686 | | - | 13 the postsecondary level, a cooperative arrangement should |
---|
687 | | - | 14 provide practical experience in the field of study of the |
---|
688 | | - | 15 student. |
---|
689 | | - | 16 (4) INTERNSHIP. Paid or unpaid work experience, |
---|
690 | | - | 17 usually for a predetermined period of time, that familiarizes |
---|
691 | | - | 18 potential candidates with the specific industry or the |
---|
692 | | - | 19 specific employer, or both, who is hosting the intern. An |
---|
693 | | - | 20 internship is typically a one-time work or service experience |
---|
694 | | - | 21 related to the major or career goals of the student. An |
---|
695 | | - | 22 internship involves students working in professional settings |
---|
696 | | - | 23 under the supervision and monitoring of practicing |
---|
697 | | - | 24 professionals. The completion of an internship organized by an |
---|
698 | | - | 25 educational institution may be associated with earning |
---|
699 | | - | 26 secondary or postsecondary course credit. |
---|
700 | | - | Page 26 1 (5) ON-THE-JOB LEARNING. Paid work experience with |
---|
701 | | - | 2 the same characteristics as cooperative education and with the |
---|
702 | | - | 3 added distinction that the work performed and tasks learned on |
---|
703 | | - | 4 the job are directly linked to the technical instruction the |
---|
704 | | - | 5 student is receiving. |
---|
705 | | - | 6 (6) PREAPPRENTICESHIP. Designed to prepare students |
---|
706 | | - | 7 to enter and succeed in a registered apprenticeship and |
---|
707 | | - | 8 ultimately a career. A preapprenticeship program offers |
---|
708 | | - | 9 participants structured training opportunities to prepare them |
---|
709 | | - | 10 for entry into a registered apprenticeship program and may |
---|
710 | | - | 11 provide services that a participant needs to progress into an |
---|
711 | | - | 12 apprenticeship including, work readiness skills and other |
---|
712 | | - | 13 wrap-around supports. To be considered a preapprenticeship, |
---|
713 | | - | 14 training shall be connected to a registered apprenticeship. |
---|
714 | | - | 15 Participants in a preapprenticeship shall complete on-the-job |
---|
715 | | - | 16 learning or related technical instruction which shall be |
---|
716 | | - | 17 counted towards completion of a registered apprenticeship if |
---|
717 | | - | 18 the preapprentice becomes an apprentice. Preapprenticeship |
---|
718 | | - | 19 programs shall be certified by the state apprenticeship agency |
---|
719 | | - | 20 as an indicator of quality and to provide assurance the |
---|
720 | | - | 21 content has been validated to count towards a registered |
---|
721 | | - | 22 apprenticeship program. |
---|
722 | | - | 23 (7) REGISTERED APPRENTICESHIP PROGRAM. A plan |
---|
723 | | - | 24 containing all terms and conditions for the qualification, |
---|
724 | | - | 25 recruitment, selection, employment, and training of |
---|
725 | | - | 26 apprentices, as required under 29 C.F.R. Parts 29 and 30, and |
---|
726 | | - | Page 27 1 rules adopted by the Alabama Office of Apprenticeship, |
---|
727 | | - | 2 including rules requiring a written apprenticeship agreement. |
---|
728 | | - | 3 (8) STATE APPRENTICESHIP AGENCY. The Alabama Office |
---|
729 | | - | 4 of Apprenticeship. |
---|
730 | | - | 5 (c) Commencing with the 2023-2024 school year, |
---|
731 | | - | 6 students in public schools shall earn one or more of the |
---|
732 | | - | 7 following college or career readiness indicators, and any |
---|
733 | | - | 8 additional college and career readiness indicators approved by |
---|
734 | | - | 9 the State Board of Education, before graduation: |
---|
735 | | - | 10 (1) Earning a benchmark score in any subject area on |
---|
736 | | - | 11 the ACT college entrance exam. |
---|
737 | | - | 12 (2) Earning a qualifying score of three or higher on |
---|
738 | | - | 13 an advanced placement exam. |
---|
739 | | - | 14 (3) Earning a qualifying score of four or higher on |
---|
740 | | - | 15 an international baccalaureate exam. |
---|
741 | | - | 16 (4) Earning college credit while in high school. |
---|
742 | | - | 17 (5) Earning a silver or gold level on the ACT |
---|
743 | | - | 18 WorkKeys Exam. |
---|
744 | | - | 19 (6) Registration in a school youth registered |
---|
745 | | - | 20 apprenticeship program. |
---|
746 | | - | 21 (7) Completing a certified preapprenticeship |
---|
747 | | - | 22 program. |
---|
748 | | - | 23 (8) Earning a career technical industry credential |
---|
749 | | - | 24 listed on the compendium of valuable credentials of the |
---|
750 | | - | 25 Alabama Committee on Credentialing and Career Pathways. |
---|
751 | | - | 26 (9) Being accepted into the military before |
---|
752 | | - | 27 graduation. |
---|
753 | | - | Page 28 1 (10) Attaining career and technical education |
---|
754 | | - | 2 concentrator status. |
---|
755 | | - | 3 (d) The State Superintendent of Education shall |
---|
756 | | - | 4 require career coaches funded through the Career Coaches |
---|
757 | | - | 5 Initiative of the state Career Tech Initiative supported by |
---|
758 | | - | 6 the Education Trust Fund, as defined and described in Chapter |
---|
759 | | - | 7 13 of Title 16 and Chapter 9 of Title 29, Code of Alabama |
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760 | | - | 8 1975, to satisfy or surpass annual targets, established by the |
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761 | | - | 9 State Superintendent of Education and the Chair of the Alabama |
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762 | | - | 10 Workforce Council, to increase the number of employer |
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763 | | - | 11 placements for students participating in an internship, |
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764 | | - | 12 cooperative education, on-the-job learning, preapprenticeship, |
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765 | | - | 13 or registered apprenticeship programs recognized by the state |
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766 | | - | 14 apprenticeship agency that are aligned to an occupation listed |
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767 | | - | 15 on a regional or statewide list of in-demand occupations |
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768 | | - | 16 adopted by the Alabama Committee on Credentialing and Career |
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769 | | - | 17 Pathways. |
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770 | | - | 18 (e) Commencing with the 2023-2024 school year, the |
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771 | | - | 19 career preparedness course required for graduation from public |
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772 | | - | 20 K-12 schools shall include all of the following: |
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773 | | - | 21 (1) Exploration of the in-demand jobs in the state |
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774 | | - | 22 as identified annually by the Alabama Committee on |
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775 | | - | 23 Credentialing and Career Pathways. |
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776 | | - | 24 (2) Completion of the Alabama Works financial |
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777 | | - | 25 literacy module approved by the State Superintendent of |
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778 | | - | 26 Education and the Chair of the Alabama Workforce Council. |
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779 | | - | Page 29 1 (3) A work-based learning experience aligned to the |
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780 | | - | 2 Alabama Committee on Credentialing and Career Pathways list of |
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781 | | - | 3 in-demand occupations. |
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782 | | - | 4 (4) Establishment of a state college and career |
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783 | | - | 5 exploration tool account for each participating student. |
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784 | | - | 6 (5) Completion of a workforce preparedness module |
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785 | | - | 7 approved by the Alabama Workforce Council that is focused on |
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786 | | - | 8 employability skills, resume and interview success, and |
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787 | | - | 9 securing postsecondary and workforce opportunities post high |
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788 | | - | 10 school. |
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789 | | - | 11 (f) The State Superintendent of Education and the |
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790 | | - | 12 Chair of the Alabama Workforce Council shall collaborate to |
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791 | | - | 13 implement the modifications and customization of the career |
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792 | | - | 14 preparedness course to meet the needs of each of the seven |
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793 | | - | 15 workforce regions of the state. |
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794 | | - | 16 (g) On or before December 30, 2022, the career |
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795 | | - | 17 preparedness course of study shall be revised to reflect the |
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796 | | - | 18 provisions of this subsection. Thereafter, the career |
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797 | | - | 19 preparedness course of study shall be revised every seven |
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798 | | - | 20 years. |
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799 | | - | 21 Section 4. The appointing authorities for the |
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800 | | - | 22 Alabama Workforce Council Committee on Credential Quality and |
---|
801 | | - | 23 Transparency and the P-20W Council shall coordinate their |
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802 | | - | 24 appointments to assure the Alabama Workforce Council Committee |
---|
803 | | - | 25 on Credential Quality and Transparency and the P-20W Council |
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804 | | - | 26 membership is inclusive and reflects the racial, gender, |
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805 | | - | 27 geographic, urban, rural, and economic diversity of the state. |
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806 | | - | Page 30 1 Section 5. Although this bill would have as its |
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807 | | - | 2 purpose or effect the requirement of a new or increased |
---|
808 | | - | 3 expenditure of local funds, the bill is excluded from further |
---|
809 | | - | 4 requirements and application under Amendment 621, as amended |
---|
810 | | - | 5 by Amendment 890, now appearing as Section 111.05 of the |
---|
811 | | - | 6 Official Recompilation of the Constitution of Alabama of 1901, |
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812 | | - | 7 as amended, because the bill defines a new crime or amends the |
---|
813 | | - | 8 definition of an existing crime. |
---|
814 | | - | 9 Section 6. This act shall become effective on the |
---|
815 | | - | 10 first day of the third month following its passage and |
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816 | | - | 11 approval by the Governor, or its otherwise becoming law. |
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817 | | - | Page 31 1 |
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818 | | - | 2 |
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819 | | - | House of Representatives3 |
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820 | | - | Read for the first time and re-4 |
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821 | | - | 5 ferred to the House of Representa- |
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822 | | - | 6 tives committee on Education Policy |
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823 | | - | ....................................7 .......02-FEB-22 |
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824 | | - | 8 |
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825 | | - | Read for the second time and placed9 |
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826 | | - | on the calendar 1 amendment ......10 .......09-FEB-22 |
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827 | | - | 11 |
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828 | | - | Read for the third time and passed12 |
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829 | | - | as amended.........................13 .......15-FEB-22 |
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830 | | - | Yeas 98, Nays 2, Abstains 014 |
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831 | | - | 15 |
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832 | | - | 16 Jeff Woodard |
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833 | | - | 17 Clerk |
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834 | | - | 18 |
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| 16 | + | 8 SYNOPSIS: This bill would establish the Alabama |
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| 17 | + | 9 Credential Quality and Transparency Act and the |
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| 18 | + | 10 Alabama Workforce Council Committee on Credential |
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| 19 | + | 11 Quality and Transparency; would establish the |
---|
| 20 | + | 12 Alabama Terminal on Linking and Analyzing |
---|
| 21 | + | 13 Statistics (ATLAS) on Career Pathways Act; and |
---|
| 22 | + | 14 would establish the Alabama College and Career |
---|
| 23 | + | 15 Readiness Act. |
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| 24 | + | 16 This bill would provide for full, free, |
---|
| 25 | + | 17 open, public, and interoperable essential data |
---|
| 26 | + | 18 about all educational and occupational credentials |
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| 27 | + | 19 and competencies available to the residents of the |
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| 28 | + | 20 state. |
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| 29 | + | 21 This bill would provide a database through |
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| 30 | + | 22 which students, job seekers, and employers may |
---|
| 31 | + | 23 search, compare, and analyze common information |
---|
| 32 | + | 24 about credentials and competencies before making |
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| 33 | + | 25 decisions about the quality and value of |
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| 34 | + | 26 credentials and the education and workforce |
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| 35 | + | 27 programs related to those credentials. |
---|
| 36 | + | Page 1 1 This bill would also establish a statewide |
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| 37 | + | 2 definition of college and career readiness. |
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| 38 | + | 3 Amendment 621 of the Constitution of Alabama |
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| 39 | + | 4 of 1901, as amended by Amendment 890, now appearing |
---|
| 40 | + | 5 as Section 111.05 of the Official Recompilation of |
---|
| 41 | + | 6 the Constitution of Alabama of 1901, prohibits a |
---|
| 42 | + | 7 general law whose purpose or effect would be to |
---|
| 43 | + | 8 require a new or increased expenditure of local |
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| 44 | + | 9 funds from becoming effective with regard to a |
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| 45 | + | 10 local governmental entity without enactment by a |
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| 46 | + | 11 2/3 vote unless: it comes within one of a number of |
---|
| 47 | + | 12 specified exceptions; it is approved by the |
---|
| 48 | + | 13 affected entity; or the Legislature appropriates |
---|
| 49 | + | 14 funds, or provides a local source of revenue, to |
---|
| 50 | + | 15 the entity for the purpose. |
---|
| 51 | + | 16 The purpose or effect of this bill would be |
---|
| 52 | + | 17 to require a new or increased expenditure of local |
---|
| 53 | + | 18 funds within the meaning of the amendment. However, |
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| 54 | + | 19 the bill does not require approval of a local |
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| 55 | + | 20 governmental entity or enactment by a 2/3 vote to |
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| 56 | + | 21 become effective because it comes within one of the |
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| 57 | + | 22 specified exceptions contained in the amendment. |
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| 58 | + | 23 |
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| 59 | + | 24 A BILL |
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| 60 | + | 25 TO BE ENTITLED |
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| 61 | + | 26 AN ACT |
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| 62 | + | 27 |
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| 63 | + | Page 2 1 Relating to credentials and the workforce; to create |
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| 64 | + | 2 the Alabama Credential Quality and Transparency Act as a new |
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| 65 | + | 3 Division 9, commencing with Section 41-29-350, Article 3, |
---|
| 66 | + | 4 Chapter 29, Title 41, Code of Alabama 1975; to establish the |
---|
| 67 | + | 5 Alabama Workforce Council Committee on Credential Quality and |
---|
| 68 | + | 6 Transparency; to provide for full, free, open, public, and |
---|
| 69 | + | 7 interoperable essential data about all educational and |
---|
| 70 | + | 8 occupational credentials and competencies available to the |
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| 71 | + | 9 residents of the state; to create the Alabama Terminal on |
---|
| 72 | + | 10 Linking and Analyzing Statistics (ATLAS) on Career Pathways |
---|
| 73 | + | 11 Act as a new Division 10, commencing with Section 41-29-360, |
---|
| 74 | + | 12 Article 3, Chapter 29, Title 41, Code of Alabama 1975; to |
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| 75 | + | 13 provide a database through which students, job seekers, and |
---|
| 76 | + | 14 employers may search, compare, and analyze common information |
---|
| 77 | + | 15 about credentials and competencies before making decisions |
---|
| 78 | + | 16 about the quality and value of credentials and the education |
---|
| 79 | + | 17 and workforce programs related to those credentials; to |
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| 80 | + | 18 establish the Alabama College and Career Readiness Act by |
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| 81 | + | 19 adding Section 41-29-298 to the Code of Alabama 1975; relating |
---|
| 82 | + | 20 to education, credentials, and the workforce; to establish a |
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| 83 | + | 21 statewide definition of college and career readiness and for |
---|
| 84 | + | 22 other purposes relating to workforce development; and in |
---|
| 85 | + | 23 connection therewith to have as its purpose or effect the |
---|
| 86 | + | 24 requirement of a new or increased expenditure of local funds |
---|
| 87 | + | 25 within the meaning of Amendment 621 of the Constitution of |
---|
| 88 | + | 26 Alabama of 1901, as amended by Amendment 890, now appearing as |
---|
| 89 | + | Page 3 1 Section 111.05 of the Official Recompilation of the |
---|
| 90 | + | 2 Constitution of Alabama of 1901, as amended. |
---|
| 91 | + | 3 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
---|
| 92 | + | 4 Section 1. Division 9, commencing with Section |
---|
| 93 | + | 5 41-29-350, is added to Article 3, Chapter 29, Title 41 of the |
---|
| 94 | + | 6 Code of Alabama 1975, to read as follows: |
---|
| 95 | + | 7 §41-29-350. |
---|
| 96 | + | 8 This division shall be known and may be cited as the |
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| 97 | + | 9 Alabama Credential Quality and Transparency Act. |
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| 98 | + | 10 §41-29-351. |
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| 99 | + | 11 The Legislature finds and declares all of the |
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| 100 | + | 12 following: |
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| 101 | + | 13 (1) With nearly 1,000,000 unique credentials in the |
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| 102 | + | 14 United States, and at least 5,000 available from Alabama-based |
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| 103 | + | 15 providers alone, too many Alabamians do not know which |
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| 104 | + | 16 credentials lead to desired outcomes, and employers are unable |
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| 105 | + | 17 to understand what skills workers bring to a job. |
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| 106 | + | 18 (2) It is critical for credential providers to |
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| 107 | + | 19 publish credentials to the Alabama Credential Registry in |
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| 108 | + | 20 searchable and comparable formats using a common schema |
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| 109 | + | 21 aligned with national standards and trends. |
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| 110 | + | 22 (3) There is a need for better, consistent, and |
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| 111 | + | 23 transparent data about credentials and their outcomes in the |
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| 112 | + | 24 state to more accurately enable the Alabama Committee on |
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| 113 | + | 25 Credentialing and Career Pathways to identify credentials of |
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| 114 | + | 26 value. |
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| 115 | + | 27 §41-29-352. |
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| 116 | + | Page 4 1 For the purposes of this division, the following |
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| 117 | + | 2 terms shall have the following meanings: |
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| 118 | + | 3 (1) COMMITTEE. The Alabama Workforce Council |
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| 119 | + | 4 Committee on Credential Quality and Transparency. |
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| 120 | + | 5 (2) COMPETENCY. A description of measurable or |
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| 121 | + | 6 observable knowledge, skills, and abilities necessary for the |
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| 122 | + | 7 successful performance of a task in a given context. |
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| 123 | + | 8 (3) CONSUMER. Includes, but is not limited to, |
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| 124 | + | 9 students, learners, workers, unemployed individuals, veterans, |
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| 125 | + | 10 employers, educators, counselors, program administrators, |
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| 126 | + | 11 policy makers, advocates, researchers, parents, and other |
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| 127 | + | 12 individuals who are invested in understanding the quality and |
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| 128 | + | 13 value of credentials and competencies in the education and |
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| 129 | + | 14 employment marketplace. |
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| 130 | + | 15 (4) CREDENTIAL. A qualification, achievement, or |
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| 131 | + | 16 recognition of competence by an external entity used to |
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| 132 | + | 17 indicate suitability through mastery of competencies |
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| 133 | + | 18 associated with the credential. For the purposes of this |
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| 134 | + | 19 division, credentials include, but are not limited to, |
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| 135 | + | 20 diplomas, microcredentials, badges, certificates, industry |
---|
| 136 | + | 21 recognized and registered apprenticeship certificates of |
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| 137 | + | 22 completions, occupational licenses, certifications, and |
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| 138 | + | 23 degrees of all types and levels. |
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| 139 | + | 24 (5) CREDENTIAL PROVIDER. Any organization that owns, |
---|
| 140 | + | 25 offers, or issues an educational or occupational credential to |
---|
| 141 | + | 26 an individual. |
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| 142 | + | Page 5 1 (6) CREDENTIAL REGISTRY. The virtual repository of |
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| 143 | + | 2 Alabama competency and credential data, accessible to |
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| 144 | + | 3 credential providers and the public through an online profile. |
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| 145 | + | 4 (7) DYNAMIC CAREER PATHWAY. A career pathway that is |
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| 146 | + | 5 approved by the committee and that includes a sequence of |
---|
| 147 | + | 6 occupations that are included on the statewide and regional |
---|
| 148 | + | 7 lists of in-demand occupations and occupations that are part |
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| 149 | + | 8 of the dynamic career pathway but are not on a regional or |
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| 150 | + | 9 statewide list of in-demand occupations. |
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| 151 | + | 10 (8) OCCUPATIONAL ONTOLOGY. The tiered system for |
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| 152 | + | 11 classifying competencies and credentials based on their |
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| 153 | + | 12 alignment with specific occupations. |
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| 154 | + | 13 §41-29-353. |
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| 155 | + | 14 (a) The Alabama Workforce Council Committee on |
---|
| 156 | + | 15 Credential Quality and Transparency is established as a |
---|
| 157 | + | 16 committee of the Alabama Workforce Council to advise the |
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| 158 | + | 17 Alabama Committee on Credentialing and Career Pathways on |
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| 159 | + | 18 making credential and competency data collected through the |
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| 160 | + | 19 Alabama Credential Registry publicly available, searchable, |
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| 161 | + | 20 comparable, and interoperable using open specifications and |
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| 162 | + | 21 linked data formats, including credential transparency |
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| 163 | + | 22 description language specifications. |
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| 164 | + | 23 (b) The committee shall be composed of the following |
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| 165 | + | 24 members: |
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| 166 | + | 25 (1) One representative from each of the technical |
---|
| 167 | + | 26 advisory committees of the Alabama Committee on Credentialing |
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| 168 | + | 27 and Career Pathways. |
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| 169 | + | Page 6 1 (2) The Governor, or his or her designee, who shall |
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| 170 | + | 2 chair the committee, shall vote only in the case of a tie, and |
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| 171 | + | 3 may not make or second motions. |
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| 172 | + | 4 (3) The Secretary of the Department of Early |
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| 173 | + | 5 Childhood Education, or his or her designee. |
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| 174 | + | 6 (4) The State Superintendent of Education, or his or |
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| 175 | + | 7 her designee. |
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| 176 | + | 8 (5) The Executive Director of the Alabama Commission |
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| 177 | + | 9 on Higher Education, or his or her designee. |
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| 178 | + | 10 (6) The Chancellor of the Alabama Community College |
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| 179 | + | 11 System, or his or her designee. |
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| 180 | + | 12 (7) The Secretary of the Department of Commerce, of |
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| 181 | + | 13 his or her designee. |
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| 182 | + | 14 (8) The Secretary of Labor, or his or her designee. |
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| 183 | + | 15 (9) The Commissioner of the Department of |
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| 184 | + | 16 Rehabilitation Services, or his or her designee. |
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| 185 | + | 17 (c) The committee, no later than June 30, 2023, and |
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| 186 | + | 18 the 30th day of the month of June in each consecutive year, |
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| 187 | + | 19 shall provide to the Alabama Committee on Credentialing and |
---|
| 188 | + | 20 Career Pathways, an annual, up-to-date list of credentials of |
---|
| 189 | + | 21 value, to be known as the compendium of valuable credentials, |
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| 190 | + | 22 for each of the industry sectors. Based on recommendations |
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| 191 | + | 23 provided by the Office of Education and Workforce Statistics, |
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| 192 | + | 24 the committee shall review each credential, newly published or |
---|
| 193 | + | 25 revised, to the Alabama Credential Registry, on a continuing |
---|
| 194 | + | 26 basis and at least annually, against the quality assurance |
---|
| 195 | + | 27 criteria as determined by the Alabama Committee on |
---|
| 196 | + | Page 7 1 Credentialing and Career Pathways, and shall classify each |
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| 197 | + | 2 credential registered to the Alabama Credential Registry, |
---|
| 198 | + | 3 along with its associated competencies, using the Alabama |
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| 199 | + | 4 Occupational Ontology. |
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| 200 | + | 5 (d) The committee shall ensure that open credential |
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| 201 | + | 6 and competency data is included in, used for, and benefits all |
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| 202 | + | 7 of the following: |
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| 203 | + | 8 (1) Providing data to improve navigations and |
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| 204 | + | 9 guidance tools for the state to identify education and career |
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| 205 | + | 10 pathways that lead to economic self-sufficiency, including the |
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| 206 | + | 11 Alabama College and Career Exploration Tool. |
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| 207 | + | 12 (2) Providing data to improve the process used by |
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| 208 | + | 13 the Alabama Committee on Credentialing and Career Pathways to |
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| 209 | + | 14 identify credentials of value. |
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| 210 | + | 15 (3) Providing data to be used to determine the |
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| 211 | + | 16 return on investment for programs and credentials. |
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| 212 | + | 17 (4) Providing data on identifying gaps in the |
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| 213 | + | 18 availability of high-quality credentials in the state. |
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| 214 | + | 19 (5) Providing data to align education and workforce |
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| 215 | + | 20 credentials. |
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| 216 | + | 21 §41-29-354. |
---|
| 217 | + | 22 (a) Essential information to maximize informed |
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| 218 | + | 23 consumer decisions about all nondegree workforce and |
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| 219 | + | 24 occupational credentials and their associated competencies, |
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| 220 | + | 25 costs, career pathways, process and outcome-based quality |
---|
| 221 | + | 26 assurance indicators, assessments that are delivered, issued, |
---|
| 222 | + | 27 funded, authorized, overseen, or governed in the state using |
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| 223 | + | Page 8 1 funding from the Education Trust Fund, the Workforce |
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| 224 | + | 2 Innovation and Opportunity Act (P.L. 113-128), licenses issued |
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| 225 | + | 3 by any state occupational licensing board or commission, the |
---|
| 226 | + | 4 Carl D. Perkins Career and Technical Education Act of 2006 |
---|
| 227 | + | 5 (P.L. 115-224), or the state approving agency for veterans |
---|
| 228 | + | 6 education and training shall be made publicly available, |
---|
| 229 | + | 7 searchable, comparable, and interoperable using open |
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| 230 | + | 8 specifications and linked data formats including credential |
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| 231 | + | 9 transparency description language specifications and the |
---|
| 232 | + | 10 annual publication of all educational and occupational |
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| 233 | + | 11 credentials, and their associated competencies, to the Alabama |
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| 234 | + | 12 Credential Registry. |
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| 235 | + | 13 (b) The format and specifications for making all |
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| 236 | + | 14 educational and occupational credentials and their associated |
---|
| 237 | + | 15 competencies public, open, and interoperable shall be approved |
---|
| 238 | + | 16 by the committee, be aligned with widely recognized and |
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| 239 | + | 17 adopted standards, and allow for open access across sectors |
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| 240 | + | 18 and platforms. The information shall be human-readable, |
---|
| 241 | + | 19 machine-actionable, current, accurate, and maintained on the |
---|
| 242 | + | 20 Alabama Credential Registry. |
---|
| 243 | + | 21 (c) The committee shall coordinate the requirements |
---|
| 244 | + | 22 of this section to ensure that all required data collected |
---|
| 245 | + | 23 through the Alabama Credential Registry is made public in |
---|
| 246 | + | 24 required formats on the Alabama Credential Registry. |
---|
| 247 | + | 25 §41-29-355. |
---|
| 248 | + | 26 (a) All data published to the Alabama Credential |
---|
| 249 | + | 27 Registry in the required open formats and with the data |
---|
| 250 | + | Page 9 1 elements described in this division shall be fully available |
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| 251 | + | 2 to the public for open use. The data required under this |
---|
| 252 | + | 3 division shall not include any personally identifiable |
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| 253 | + | 4 information. |
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| 254 | + | 5 (b) No later than January 1, 2023, secondary and |
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| 255 | + | 6 postsecondary career and technical education credentials |
---|
| 256 | + | 7 funded through the Carl D. Perkins Career and Technical |
---|
| 257 | + | 8 Education Act of 2006 (P.L. 115-224) and programs listed on |
---|
| 258 | + | 9 the eligible training provider list funded through the |
---|
| 259 | + | 10 Workforce Innovation and Opportunity Act (P.L. 113-128) shall |
---|
| 260 | + | 11 be registered to the compendium of valuable credentials |
---|
| 261 | + | 12 adopted by the Alabama Committee on Credentialing and Career |
---|
| 262 | + | 13 Pathways and aligned to the Alabama Committee on Credentialing |
---|
| 263 | + | 14 and Career Pathways statewide and regional lists of in-demand |
---|
| 264 | + | 15 jobs or dynamic career pathways, or both. |
---|
| 265 | + | 16 (c) All credential and competency data published to |
---|
| 266 | + | 17 the Alabama Credential Registry shall satisfy the requirements |
---|
| 267 | + | 18 of this division on, or before, January 1, 2023. |
---|
| 268 | + | 19 Section 2. Division 10, commencing with Section |
---|
| 269 | + | 20 41-29-360, is added to Article 3, Chapter 29, Title 41 of the |
---|
| 270 | + | 21 Code of Alabama 1975, to read as follows: |
---|
| 271 | + | 22 §41-29-360. |
---|
| 272 | + | 23 (a) This division shall be known and may be cited as |
---|
| 273 | + | 24 the Alabama Terminal on Linking and Analyzing Statistics |
---|
| 274 | + | 25 (ATLAS) on Career Pathways Act. |
---|
| 275 | + | 26 (b) For the purposes of this division, the following |
---|
| 276 | + | 27 terms shall have the following meanings: |
---|
| 277 | + | Page 10 1 (1) AGGREGATED DATA. Information produced by |
---|
| 278 | + | 2 combining unit-record data from one or more sources into |
---|
| 279 | + | 3 summary form for the purpose of analysis or public reporting, |
---|
| 280 | + | 4 or both. |
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| 281 | + | 5 (2) COUNCIL. The P-20W Council. |
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| 282 | + | 6 (3) DE-IDENTIFICATION. The removal of personally |
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| 283 | + | 7 identifiable information and other unique characteristics from |
---|
| 284 | + | 8 data so the data may be analyzed without disclosing the |
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| 285 | + | 9 identity of the associated individual. |
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| 286 | + | 10 (4) FAMILY EDUCATION RIGHTS AND PRIVACY ACT (FERPA) |
---|
| 287 | + | 11 (20 U.S.C. § 1232g; 34 C.F.R. Part 99). A federal law that |
---|
| 288 | + | 12 protects the privacy of student education records, applying to |
---|
| 289 | + | 13 all entities that receive funds through the United States |
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| 290 | + | 14 Department of Education. |
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| 291 | + | 15 (5) OFFICE. The Office of Education and Workforce |
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| 292 | + | 16 Statistics. |
---|
| 293 | + | 17 (6) P-20W. An abbreviation signifying the education |
---|
| 294 | + | 18 to workforce continuum, where P represents preschool, 20 |
---|
| 295 | + | 19 represents kindergarten through graduate school, and W |
---|
| 296 | + | 20 represents workforce. |
---|
| 297 | + | 21 (7) PERSONALLY IDENTIFIABLE INFORMATION. A data |
---|
| 298 | + | 22 element, or combination of data elements, contained in an |
---|
| 299 | + | 23 electronic record that identifies an individual. Under the |
---|
| 300 | + | 24 federal Family Education Rights and Privacy Act (FERPA), the |
---|
| 301 | + | 25 term means identifiable information that is maintained |
---|
| 302 | + | 26 in education records, including direct identifiers, such as |
---|
| 303 | + | 27 the name or identification number of the student, indirect |
---|
| 304 | + | Page 11 1 identifiers, such as the date of birth of the student, or |
---|
| 305 | + | 2 other information which may be used to distinguish or trace |
---|
| 306 | + | 3 the identity of an individual, either directly or indirectly, |
---|
| 307 | + | 4 through linkages with other information. |
---|
| 308 | + | 5 (8) STUDENT DATA. |
---|
| 309 | + | 6 a. Data relating to student performance including |
---|
| 310 | + | 7 all of the following: |
---|
| 311 | + | 8 1. State and national assessments. |
---|
| 312 | + | 9 2. Course taking and completion. |
---|
| 313 | + | 10 3. Grade point average. |
---|
| 314 | + | 11 4. Remediation. |
---|
| 315 | + | 12 5. Retention. |
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| 316 | + | 13 6. Special population status as defined by the |
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| 317 | + | 14 Alabama Workforce Innovation and Opportunity Act state plan. |
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| 318 | + | 15 7. Degree, diploma, or credential attainment. |
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| 319 | + | 16 8. Enrollment and absenteeism data. |
---|
| 320 | + | 17 9. Demographic data. |
---|
| 321 | + | 18 10. Suspension and expulsion records. |
---|
| 322 | + | 19 11. Student financial aid data. |
---|
| 323 | + | 20 b. Student data does not include any of the |
---|
| 324 | + | 21 following: |
---|
| 325 | + | 22 1. Juvenile delinquency records. |
---|
| 326 | + | 23 2. Criminal records. |
---|
| 327 | + | 24 3. Medical and health records. |
---|
| 328 | + | 25 (9) SYSTEM. The Alabama Terminal on Linking and |
---|
| 329 | + | 26 Analyzing Statistics (ATLAS) on Career Pathways longitudinal |
---|
| 330 | + | 27 database system. |
---|
| 331 | + | Page 12 1 (10) WORKFORCE DATA. Data relating to any of the |
---|
| 332 | + | 2 following: |
---|
| 333 | + | 3 a. Employment status. |
---|
| 334 | + | 4 b. Wage information. |
---|
| 335 | + | 5 c. Special population status as defined by the |
---|
| 336 | + | 6 Alabama Workforce Innovation and Opportunity Act state plan. |
---|
| 337 | + | 7 d. Geographic location of employment. |
---|
| 338 | + | 8 e. Industry or occupation, or both. |
---|
| 339 | + | 9 §41-29-361. |
---|
| 340 | + | 10 The Alabama Terminal on Linking and Analyzing |
---|
| 341 | + | 11 Statistics (ATLAS) on Career Pathways System is established as |
---|
| 342 | + | 12 a secure system to exchange and match individual-level |
---|
| 343 | + | 13 education and workforce data from partner agencies while |
---|
| 344 | + | 14 upholding legal protections to ensure the privacy and security |
---|
| 345 | + | 15 of personally identifiable information. The system makes it |
---|
| 346 | + | 16 possible to match data from various agencies and programs over |
---|
| 347 | + | 17 time to create longitudinal records that may then be |
---|
| 348 | + | 18 aggregated and analyzed to assist policy makers with |
---|
| 349 | + | 19 developing strategies to improve education and workforce |
---|
| 350 | + | 20 outcomes. The system shall generate timely and accurate |
---|
| 351 | + | 21 information on education and training programs to empower |
---|
| 352 | + | 22 students, families, and employers with information to make |
---|
| 353 | + | 23 decisions best suited for their individual needs and to |
---|
| 354 | + | 24 improve the education and training systems at all levels. The |
---|
| 355 | + | 25 system shall be configured in the following manner: |
---|
| 356 | + | 26 (1) All information matched from partner agencies |
---|
| 357 | + | 27 shall be collected, safeguarded, kept confidential, and used |
---|
| 358 | + | Page 13 1 only by the Office of Education and Workforce Statistics in |
---|
| 359 | + | 2 accordance with this division and other state and federal law. |
---|
| 360 | + | 3 (2) Each partner entity shall retain ownership of |
---|
| 361 | + | 4 any data it provides to the system. To that end, all of the |
---|
| 362 | + | 5 following shall apply: |
---|
| 363 | + | 6 a. A partner entity may not have access to data |
---|
| 364 | + | 7 owned by another partner entity unless a data request is |
---|
| 365 | + | 8 approved unanimously by the P-20W Council. |
---|
| 366 | + | 9 b. Nothing in this division or P-20W Council rule or |
---|
| 367 | + | 10 policy may prevent partners from engaging in direct data |
---|
| 368 | + | 11 sharing agreements with other partners or with external |
---|
| 369 | + | 12 entities, so long as the data to be shared is owned by the |
---|
| 370 | + | 13 contracting parties. |
---|
| 371 | + | 14 (3) The system shall serve as a data linkage that |
---|
| 372 | + | 15 connects student and workforce data provided by P-20W Council |
---|
| 373 | + | 16 member agencies. |
---|
| 374 | + | 17 (4) The system shall conduct research relating to |
---|
| 375 | + | 18 all of the following: |
---|
| 376 | + | 19 a. The effectiveness of state and federal education |
---|
| 377 | + | 20 and workforce programs. |
---|
| 378 | + | 21 b. The performance of education preparation |
---|
| 379 | + | 22 programs. |
---|
| 380 | + | 23 c. Instructional practices, education program |
---|
| 381 | + | 24 design, and curriculum alignment. |
---|
| 382 | + | 25 d. Fulfilling data requests required for state and |
---|
| 383 | + | 26 federal reporting. |
---|
| 384 | + | 27 e. The research agenda adopted by the P-20W Council. |
---|
| 385 | + | Page 14 1 f. Fulfilling research requests from external |
---|
| 386 | + | 2 researchers or stakeholders that are unanimously approved by |
---|
| 387 | + | 3 the P-20W Council. |
---|
| 388 | + | 4 §41-29-362. |
---|
| 389 | + | 5 (a) The P-20W Council is established to govern the |
---|
| 390 | + | 6 system. |
---|
| 391 | + | 7 (b) The membership of the council shall consist of |
---|
| 392 | + | 8 all of the following: |
---|
| 393 | + | 9 (1) The Governor, or his or her designee, who shall |
---|
| 394 | + | 10 serve as chair of the council. |
---|
| 395 | + | 11 (2) Each partner agency head, or designee, who has |
---|
| 396 | + | 12 signed a memorandum of understanding to share data with the |
---|
| 397 | + | 13 system. |
---|
| 398 | + | 14 (3) The Chair of the House Ways and Means Education |
---|
| 399 | + | 15 Committee. |
---|
| 400 | + | 16 (4) The Chair of the Senate Finance and Taxation |
---|
| 401 | + | 17 Education Committee. |
---|
| 402 | + | 18 (5) The Chair of the Alabama Workforce Council. |
---|
| 403 | + | 19 (6) Up to four members of the general public, who |
---|
| 404 | + | 20 are experienced in education and workforce data and |
---|
| 405 | + | 21 statistics, who shall be appointed by the Governor and serve |
---|
| 406 | + | 22 at the pleasure of the Governor. |
---|
| 407 | + | 23 (c) The council shall perform all of the following |
---|
| 408 | + | 24 duties: |
---|
| 409 | + | 25 (1) Develop a strategic plan, using a process that |
---|
| 410 | + | 26 is inclusive of the P-20W Council and all relevant |
---|
| 411 | + | 27 stakeholders, that includes a vision for all of the following: |
---|
| 412 | + | Page 15 1 a. Increasing data matching efficiencies. |
---|
| 413 | + | 2 b. Creating publicly available data visualization |
---|
| 414 | + | 3 and research tools. |
---|
| 415 | + | 4 c. Making aggregated data available to authorized |
---|
| 416 | + | 5 entities in a timely manner. |
---|
| 417 | + | 6 d. Creating a secure portal for authorized personnel |
---|
| 418 | + | 7 of the P-20W Council to transmit data to the Office of |
---|
| 419 | + | 8 Education and Workforce Statistics. |
---|
| 420 | + | 9 (2) Oversee the development, adoption, and |
---|
| 421 | + | 10 implementation of rules and policies to govern the proceedings |
---|
| 422 | + | 11 of the council, the office, and the system. |
---|
| 423 | + | 12 (3) Oversee compliance regarding the protection of |
---|
| 424 | + | 13 data shared with the system, including compliance with |
---|
| 425 | + | 14 applicable state and federal law. |
---|
| 426 | + | 15 (4) Develop a data governance and security plan for |
---|
| 427 | + | 16 the system regarding the use, privacy, and security of data |
---|
| 428 | + | 17 consistent with state and federal law, including the federal |
---|
| 429 | + | 18 Family Education Rights and Privacy Act (FERPA), publish the |
---|
| 430 | + | 19 plan on the system website, and provide an electronic copy of |
---|
| 431 | + | 20 the plan to each partner agency. |
---|
| 432 | + | 21 (5) Establish the research agenda for the system. |
---|
| 433 | + | 22 (6) Establish a process for proposing and approving |
---|
| 434 | + | 23 requests for reports using data matched in the system. |
---|
| 435 | + | 24 (7) Establish policies for sharing aggregated data |
---|
| 436 | + | 25 or reports with the public or external entities. |
---|
| 437 | + | 26 (8) Develop strategies for promoting the transparent |
---|
| 438 | + | 27 operation of the system. |
---|
| 439 | + | Page 16 1 (9) Form standing and ad hoc committees and working |
---|
| 440 | + | 2 groups from among its own membership to accomplish its duties. |
---|
| 441 | + | 3 (10) Prepare and provide an annual report to the |
---|
| 442 | + | 4 Governor, Lieutenant Governor, Speaker of the House of |
---|
| 443 | + | 5 Representatives, President Pro Tempore of the Senate, Chairs |
---|
| 444 | + | 6 of the House Education Policy, Senate Education Policy, House |
---|
| 445 | + | 7 Ways and Means Education, and Senate Finance and Taxation |
---|
| 446 | + | 8 Education Committees on the implementation of the system and |
---|
| 447 | + | 9 the activities of the Office of Education and Workforce |
---|
| 448 | + | 10 Statistics during the preceding year. The report shall include |
---|
| 449 | + | 11 all of the following: |
---|
| 450 | + | 12 a. A list and analysis of all research studies |
---|
| 451 | + | 13 conducted by the P-20W Council and the Office of Education and |
---|
| 452 | + | 14 Workforce Statistics using the system during the preceding |
---|
| 453 | + | 15 year. |
---|
| 454 | + | 16 b. Recommendations or policy changes made by the |
---|
| 455 | + | 17 system and the Office of Education and Workforce Statistics |
---|
| 456 | + | 18 during the preceding fiscal year. |
---|
| 457 | + | 19 c. Goals, recommendations, and priorities for the |
---|
| 458 | + | 20 succeeding fiscal year. |
---|
| 459 | + | 21 (d) All policies and procedures developed by the |
---|
| 460 | + | 22 P-20W Council for the governance and security plan shall apply |
---|
| 461 | + | 23 to the Office of Education and Workforce Statistics and all |
---|
| 462 | + | 24 vendors and contractors of the Office of Education and |
---|
| 463 | + | 25 Workforce Statistics with access to the system and shall be |
---|
| 464 | + | 26 incorporated in all contracts. The governance and security |
---|
| 465 | + | Page 17 1 plan developed pursuant to this section, at a minimum, shall |
---|
| 466 | + | 2 include all the following: |
---|
| 467 | + | 3 (1) Secure procedures; training; administrative, |
---|
| 468 | + | 4 physical, and technical safeguards; internal accountability |
---|
| 469 | + | 5 processes; periodic privacy and security audits; review and |
---|
| 470 | + | 6 risk assessments; and security clearance requirements for |
---|
| 471 | + | 7 individuals with access to personally identifiable |
---|
| 472 | + | 8 information. |
---|
| 473 | + | 9 (2) Sanctions for violations of the governance and |
---|
| 474 | + | 10 security plan. |
---|
| 475 | + | 11 (3) Prohibitions against the use of data for |
---|
| 476 | + | 12 unauthorized purposes. |
---|
| 477 | + | 13 (4) Record keeping, data backup, and data |
---|
| 478 | + | 14 destruction plans. |
---|
| 479 | + | 15 (5) Access and use protocols for third-party vendors |
---|
| 480 | + | 16 and contractors. |
---|
| 481 | + | 17 §41-29-363. |
---|
| 482 | + | 18 (a) Except as otherwise provided in subsection (a) |
---|
| 483 | + | 19 of Section 41-29-365: |
---|
| 484 | + | 20 (1) The regular meetings of the council shall be |
---|
| 485 | + | 21 held at a time and place established by the chair, at least |
---|
| 486 | + | 22 four times per state fiscal year. |
---|
| 487 | + | 23 (2) Special meetings of the council may be called by |
---|
| 488 | + | 24 the chair, or upon written request of a majority of the |
---|
| 489 | + | 25 members of the council. |
---|
| 490 | + | 26 (3) All regular and special meetings of the council |
---|
| 491 | + | 27 shall comply with the Open Meetings Act. |
---|
| 492 | + | Page 18 1 (b) A majority of the members of the council, or |
---|
| 493 | + | 2 their designees, shall constitute a quorum for the transaction |
---|
| 494 | + | 3 of business. Members of the council may participate in any |
---|
| 495 | + | 4 meeting by means of a telephonic conference, video conference, |
---|
| 496 | + | 5 or similar communications equipment, provided that all persons |
---|
| 497 | + | 6 participating in the meeting are able to hear one another at |
---|
| 498 | + | 7 the same time. Participation by such means shall constitute |
---|
| 499 | + | 8 in-person presence at a meeting. |
---|
| 500 | + | 9 (c) The council shall follow Robert's Rules of Order |
---|
| 501 | + | 10 to the extent that those procedures are not inconsistent with |
---|
| 502 | + | 11 this division and state law. |
---|
| 503 | + | 12 (d) The recording of any meeting of the council, or |
---|
| 504 | + | 13 of any committee of the council, and the public access |
---|
| 505 | + | 14 thereto, shall be governed by the state law relating to open |
---|
| 506 | + | 15 meetings and the accessibility of public records. |
---|
| 507 | + | 16 (e)(1) Each member, including the chair, shall have |
---|
| 508 | + | 17 one vote on any measure before the council. Voting on all |
---|
| 509 | + | 18 matters shall be by voice vote or by roll call, and the ayes |
---|
| 510 | + | 19 and nays shall be entered in the minutes of the meeting. |
---|
| 511 | + | 20 (2) The chair may not make or second any motions, |
---|
| 512 | + | 21 unless otherwise provided by this division. |
---|
| 513 | + | 22 (3) Any action of a majority of a present quorum |
---|
| 514 | + | 23 shall be considered an act of the council. |
---|
| 515 | + | 24 (f) Each member of the council may appoint a |
---|
| 516 | + | 25 designee to represent him or her during the proceedings of the |
---|
| 517 | + | 26 council, and the designee shall enjoy the full rights and |
---|
| 518 | + | 27 privileges of a member of the council. A member shall notify |
---|
| 519 | + | Page 19 1 the chair, in writing, of the appointment of a designee. |
---|
| 520 | + | 2 Letters of designation shall remain on file with the chair and |
---|
| 521 | + | 3 the appointee shall be considered the official designee until |
---|
| 522 | + | 4 a subsequent designation letter is received, or a written |
---|
| 523 | + | 5 request is received by the chair to rescind the designation. |
---|
| 524 | + | 6 (g) The chair shall serve as parliamentarian, or may |
---|
| 525 | + | 7 designate a parliamentarian to serve the council. The ruling |
---|
| 526 | + | 8 of the parliamentarian on procedural questions shall be |
---|
| 527 | + | 9 considered final. |
---|
| 528 | + | 10 (h) The members of the P-20W Council shall not |
---|
| 529 | + | 11 receive a salary or per diem allowance for their service, but |
---|
| 530 | + | 12 shall be reimbursed through the Department of Commerce for |
---|
| 531 | + | 13 expenses incurred in the performance of their duties for the |
---|
| 532 | + | 14 office at the same rate as provided for state employees. |
---|
| 533 | + | 15 (i) Direct access to personally identifying |
---|
| 534 | + | 16 information in the system is restricted to Office of Education |
---|
| 535 | + | 17 and Workforce Statistics staff and authorized staff approved |
---|
| 536 | + | 18 by the P-20W Council. The Office of Education and Workforce |
---|
| 537 | + | 19 Statistics agrees not to re-disclose personally identifiable |
---|
| 538 | + | 20 information or any information derived from the personally |
---|
| 539 | + | 21 identifiable information, except aggregated data as authorized |
---|
| 540 | + | 22 by the P-20W Council. |
---|
| 541 | + | 23 (j) Any person who knowingly releases data collected |
---|
| 542 | + | 24 pursuant to this division to any other person not authorized |
---|
| 543 | + | 25 to lawfully receive the data shall be guilty of a Class C |
---|
| 544 | + | 26 felony and punished as provided by law. |
---|
| 545 | + | 27 §41-29-364. |
---|
| 546 | + | Page 20 1 The council may establish standing or ad hoc |
---|
| 547 | + | 2 committees as necessary. Standing and ad hoc committees of the |
---|
| 548 | + | 3 council shall possess authority as provided by the council. |
---|
| 549 | + | 4 (1) A standing committee established by the council |
---|
| 550 | + | 5 shall operate until disbanded by an act of the council. Each |
---|
| 551 | + | 6 member of a standing committee shall be the contact of record |
---|
| 552 | + | 7 for the agencies he or she represents and shall provide timely |
---|
| 553 | + | 8 information and response to the Office of Education and |
---|
| 554 | + | 9 Workforce Statistics and the P-20W Council. |
---|
| 555 | + | 10 (2) An ad hoc committee established by the council |
---|
| 556 | + | 11 shall operate for a definite period of time or purpose |
---|
| 557 | + | 12 provided in the action establishing the ad hoc committee. |
---|
| 558 | + | 13 (3) The chair of the council shall appoint the chair |
---|
| 559 | + | 14 of any standing or ad hoc committee and each member of the |
---|
| 560 | + | 15 council may serve on a standing or ad hoc committee. |
---|
| 561 | + | 16 (4) Each standing or ad hoc committee may establish |
---|
| 562 | + | 17 procedures for conducting the business of the committee. |
---|
| 563 | + | 18 §41-29-365. |
---|
| 564 | + | 19 (a) The Office of Education and Workforce Statistics |
---|
| 565 | + | 20 is established within the Department of Commerce to manage the |
---|
| 566 | + | 21 activities of the system on behalf of the council. The Office |
---|
| 567 | + | 22 of Education and Workforce Statistics shall be an authorized |
---|
| 568 | + | 23 representative for member agencies of the P-20W Council under |
---|
| 569 | + | 24 applicable state and federal laws and regulations for the |
---|
| 570 | + | 25 purposes of accessing, aggregating, deidentifying, and |
---|
| 571 | + | 26 compiling personally identifiable information for research |
---|
| 572 | + | 27 studies, evaluations, or audits. The director of the office |
---|
| 573 | + | Page 21 1 shall manage the office, serving an initial term of four |
---|
| 574 | + | 2 years, and shall be directed by and report to the P-20W |
---|
| 575 | + | 3 Council and shall be administratively supported by the |
---|
| 576 | + | 4 Department of Commerce. The director of the office, who may |
---|
| 577 | + | 5 not serve as a member of the council, shall serve as the |
---|
| 578 | + | 6 executive secretary of the council and shall coordinate and |
---|
| 579 | + | 7 facilitate all meetings and activities of the council and its |
---|
| 580 | + | 8 standing and ad hoc committees. |
---|
| 581 | + | 9 (b) The office shall perform all of the following |
---|
| 582 | + | 10 functions: |
---|
| 583 | + | 11 (1) Implement the directives of the P-20W Council |
---|
| 584 | + | 12 for the operation of the system. |
---|
| 585 | + | 13 (2) Maintain and implement system data sharing |
---|
| 586 | + | 14 agreements, staff documentation, governance policies, and |
---|
| 587 | + | 15 procedures created by the council and its standing and ad hoc |
---|
| 588 | + | 16 committees. |
---|
| 589 | + | 17 (3) Maintain the daily operation of the system by |
---|
| 590 | + | 18 coordinating with developers, vendors, and partners. |
---|
| 591 | + | 19 (4) Monitor vendor and contractor compliance with |
---|
| 592 | + | 20 P-20W Council policies. |
---|
| 593 | + | 21 (5) Provide the council and its standing and ad hoc |
---|
| 594 | + | 22 committees with documentation regarding any developments, |
---|
| 595 | + | 23 updates, audits, data breaches, funding, and other activities |
---|
| 596 | + | 24 of the system on a regular basis. |
---|
| 597 | + | 25 (6) Provide the council with an annual report, |
---|
| 598 | + | 26 including any activities conducted and changes made, by |
---|
| 599 | + | 27 January 31 of each year. |
---|
| 600 | + | Page 22 1 (7) Coordinate research requests, gather data to |
---|
| 601 | + | 2 develop approved reports, and deliver reports to fulfill |
---|
| 602 | + | 3 requests unanimously approved by the P-20W Council. |
---|
| 603 | + | 4 (8) Coordinate regular audits of the system and |
---|
| 604 | + | 5 provide results of audits to the P-20W Council. |
---|
| 605 | + | 6 (9) Maintain compliance with state and federal data |
---|
| 606 | + | 7 privacy laws. |
---|
| 607 | + | 8 (10) Manage the activities of grants associated with |
---|
| 608 | + | 9 the system. |
---|
| 609 | + | 10 (11) Serve as the external representative for the |
---|
| 610 | + | 11 council on matters related to the operation of the system. |
---|
| 611 | + | 12 (12) Collaborate with the Governor's Office of |
---|
| 612 | + | 13 Education and Workforce Transformation and the Alabama |
---|
| 613 | + | 14 Committee on Credentialing and Career Pathways to manage the |
---|
| 614 | + | 15 annual Governor's Survey of Employer Competencies and produce |
---|
| 615 | + | 16 the competency models and dynamic career pathways, as defined |
---|
| 616 | + | 17 in Section 41-29-352, associated with the regional and |
---|
| 617 | + | 18 statewide in-demand occupations. |
---|
| 618 | + | 19 (13) Conduct research on the impact of state and |
---|
| 619 | + | 20 federal education and training programs, the performance of |
---|
| 620 | + | 21 education and workforce programs, and fulfill unanimously |
---|
| 621 | + | 22 approved information requests. |
---|
| 622 | + | 23 (c) In the event of a data breach, the office is |
---|
| 623 | + | 24 responsible for all of the following actions in compliance |
---|
| 624 | + | 25 with the Alabama Data Breach Notification Act of 2018: |
---|
| 625 | + | 26 (1) Notifying all partner agencies and all |
---|
| 626 | + | 27 potentially affected Alabama residents and employers of an |
---|
| 627 | + | Page 23 1 unauthorized release or disclosure of personal identifiable |
---|
| 628 | + | 2 information. A triggering event is considered a data breach |
---|
| 629 | + | 3 when personally identifiable information was or is reasonably |
---|
| 630 | + | 4 believed to have been acquired by an unauthorized individual |
---|
| 631 | + | 5 or entity. |
---|
| 632 | + | 6 (2) Notifying all council members within 24 hours |
---|
| 633 | + | 7 after the discovery of the data breach. |
---|
| 634 | + | 8 (3) Notifying all potentially affected Alabama |
---|
| 635 | + | 9 residents and employers of the data breach in writing, in the |
---|
| 636 | + | 10 most expedient means possible and without unreasonable delay, |
---|
| 637 | + | 11 unless the delay is necessary to comply with a law enforcement |
---|
| 638 | + | 12 investigation. In no event shall the notification be provided |
---|
| 639 | + | 13 more than 15 days following the discovery of the data breach. |
---|
| 640 | + | 14 (4) Notifying the Attorney General, as required by |
---|
| 641 | + | 15 Section 8-38-6, if the number of individuals required to be |
---|
| 642 | + | 16 notified exceeds one thousand. |
---|
| 643 | + | 17 (5) Including in all written notifications to |
---|
| 644 | + | 18 affected residents and employers, instructions for monitoring |
---|
| 645 | + | 19 their credit reports. |
---|
| 646 | + | 20 (6) Conducting an analysis to assess the level of |
---|
| 647 | + | 21 the data breach and performing tests to ensure that the data |
---|
| 648 | + | 22 breach has been eliminated. |
---|
| 649 | + | 23 (7) Suspending any new data imports from partner |
---|
| 650 | + | 24 agencies until the required analysis and testing has been |
---|
| 651 | + | 25 completed, and providing written assurances, to those partner |
---|
| 652 | + | 26 agencies affected by the data breach, that the data breach is |
---|
| 653 | + | Page 24 1 no longer a threat and that a plan is being developed to |
---|
| 654 | + | 2 improve the system to prevent future occurrences. |
---|
| 655 | + | 3 (d) No member of, or designee appointed to, the |
---|
| 656 | + | 4 council or any standing or ad hoc committee of the council may |
---|
| 657 | + | 5 vote or otherwise participate in any discussion or debate on |
---|
| 658 | + | 6 any matter before the council in which he or she, or an |
---|
| 659 | + | 7 immediate family member, has a direct personal or pecuniary |
---|
| 660 | + | 8 interest. A member or designee shall notify the chair of the |
---|
| 661 | + | 9 council in writing of any conflict of interest. |
---|
| 662 | + | 10 (e) No state agency may use data shared by another |
---|
| 663 | + | 11 state agency without the express consent of the agency that |
---|
| 664 | + | 12 owns the data. |
---|
| 665 | + | 13 (f) Local education agencies, public institutions of |
---|
| 666 | + | 14 higher education, and state agencies shall respond to the data |
---|
| 667 | + | 15 requests and requirements of the P-20W Council and the Office |
---|
| 668 | + | 16 of Education and Workforce Statistics in a timely and complete |
---|
| 669 | + | 17 manner. |
---|
| 670 | + | 18 (g) The Office of Education and Workforce Statistics |
---|
| 671 | + | 19 may provide summary data to a publicly accessible web-based |
---|
| 672 | + | 20 platform that is capable of assisting current and prospective |
---|
| 673 | + | 21 students in making informed decisions about possible |
---|
| 674 | + | 22 postsecondary credential pathways and outcomes. The web-based |
---|
| 675 | + | 23 platform shall not contain personally identifiable |
---|
| 676 | + | 24 information. Any personally identifiable information collected |
---|
| 677 | + | 25 for the purposes of supporting or populating the web-based |
---|
| 678 | + | 26 platform shall be aggregated into summary statistics before |
---|
| 679 | + | 27 the information is used to ensure that the results cannot be |
---|
| 680 | + | Page 25 1 used to identify individual students. The web-based platform |
---|
| 681 | + | 2 shall do all of the following: |
---|
| 682 | + | 3 (1) Be capable of searching and comparing available |
---|
| 683 | + | 4 data across multiple programs and institution types. |
---|
| 684 | + | 5 (2) Provide additional information on state-funded |
---|
| 685 | + | 6 financial aid options. |
---|
| 686 | + | 7 (3) Include military enlistment opportunities and |
---|
| 687 | + | 8 benefits information including the Alabama National Guard. |
---|
| 688 | + | 9 (4) Provide information on regional and statewide |
---|
| 689 | + | 10 in-demand occupations. |
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| 690 | + | 11 Section 3. Section 41-29-298 is added to the Code of |
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| 691 | + | 12 Alabama 1975, to read as follows: |
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| 692 | + | 13 §41-29-298. |
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| 693 | + | 14 (a) This section shall be known and may be cited as |
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| 694 | + | 15 the Alabama College and Career Readiness Act. |
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| 695 | + | 16 (b) For the purposes of this section, the following |
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| 696 | + | 17 terms shall have the following meanings: |
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| 697 | + | 18 (1) CAREER AND TECHNICAL EDUCATION. The term has the |
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| 698 | + | 19 same meaning as provided in Section 3 of the Carl D. Perkins |
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| 699 | + | 20 Career and Technical Education Act of 2006 (P.L. 115-224). |
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| 700 | + | 21 (2) CAREER AND TECHNICAL EDUCATION CONCENTRATOR. At |
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| 701 | + | 22 the secondary school level, a student who has completed three |
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| 702 | + | 23 or more career and technical education courses; or completed |
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| 703 | + | 24 at least two courses in a single career and technical |
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| 704 | + | 25 education program or program of study; or at the postsecondary |
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| 705 | + | 26 level, a postsecondary student or adult who completes either |
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| 706 | + | 27 of the following: |
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| 707 | + | Page 26 1 a. At least 12 academic or career and technical |
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| 708 | + | 2 education credits within a single program area sequence that |
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| 709 | + | 3 is comprised of 12 or more academic and technical credits and |
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| 710 | + | 4 terminates in the award of an industry-recognized credential, |
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| 711 | + | 5 a certificate, or a degree. |
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| 712 | + | 6 b. A short-term career and technical education |
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| 713 | + | 7 program sequence of less than 12 credit units that terminates |
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| 714 | + | 8 in the award of an industry-recognized credential, a |
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| 715 | + | 9 certificate, or a degree. |
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| 716 | + | 10 (3) COOPERATIVE EDUCATION. A method of education for |
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| 717 | + | 11 an individual who, through written cooperative arrangements |
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| 718 | + | 12 between a school and employer, receives instruction, including |
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| 719 | + | 13 required rigorous and challenging academic courses and related |
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| 720 | + | 14 career and technical education instruction, by alternation of |
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| 721 | + | 15 study in school with a job in any occupational field, which |
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| 722 | + | 16 alternation shall be planned and supervised by the school and |
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| 723 | + | 17 employer so that each contributes to the education and |
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| 724 | + | 18 employability of the individual; and may include an |
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| 725 | + | 19 arrangement in which work periods and school attendance may be |
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| 726 | + | 20 on alternate half days, full days, weeks, or other periods of |
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| 727 | + | 21 time in fulfilling the cooperative program. The term also |
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| 728 | + | 22 includes paid work with the express goal of attaining work |
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| 729 | + | 23 experience for the participant where the work performed may |
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| 730 | + | 24 not directly relate to the field of study of the student. At |
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| 731 | + | 25 the postsecondary level, a cooperative arrangement should |
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| 732 | + | 26 provide practical experience in the field of study of the |
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| 733 | + | 27 student. |
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| 734 | + | Page 27 1 (4) INTERNSHIP. Paid or unpaid work experience, |
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| 735 | + | 2 usually for a predetermined period of time, that familiarizes |
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| 736 | + | 3 potential candidates with the specific industry or the |
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| 737 | + | 4 specific employer, or both, who is hosting the intern. An |
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| 738 | + | 5 internship is typically a one-time work or service experience |
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| 739 | + | 6 related to the major or career goals of the student. An |
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| 740 | + | 7 internship involves students working in professional settings |
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| 741 | + | 8 under the supervision and monitoring of practicing |
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| 742 | + | 9 professionals. The completion of an internship organized by an |
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| 743 | + | 10 educational institution may be associated with earning |
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| 744 | + | 11 secondary or postsecondary course credit. |
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| 745 | + | 12 (5) ON-THE-JOB LEARNING. Paid work experience with |
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| 746 | + | 13 the same characteristics as cooperative education and with the |
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| 747 | + | 14 added distinction that the work performed and tasks learned on |
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| 748 | + | 15 the job are directly linked to the technical instruction the |
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| 749 | + | 16 student is receiving. |
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| 750 | + | 17 (6) PREAPPRENTICESHIP. Designed to prepare students |
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| 751 | + | 18 to enter and succeed in a registered apprenticeship and |
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| 752 | + | 19 ultimately a career. A preapprenticeship program offers |
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| 753 | + | 20 participants structured training opportunities to prepare them |
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| 754 | + | 21 for entry into a registered apprenticeship program and may |
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| 755 | + | 22 provide services that a participant needs to progress into an |
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| 756 | + | 23 apprenticeship including, work readiness skills and other |
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| 757 | + | 24 wrap-around supports. To be considered a preapprenticeship, |
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| 758 | + | 25 training shall be connected to a registered apprenticeship. |
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| 759 | + | 26 Participants in a preapprenticeship shall complete on-the-job |
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| 760 | + | 27 learning or related technical instruction which shall be |
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| 761 | + | Page 28 1 counted towards completion of a registered apprenticeship if |
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| 762 | + | 2 the preapprentice becomes an apprentice. Preapprenticeship |
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| 763 | + | 3 programs shall be certified by the state apprenticeship agency |
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| 764 | + | 4 as an indicator of quality and to provide assurance the |
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| 765 | + | 5 content has been validated to count towards a registered |
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| 766 | + | 6 apprenticeship program. |
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| 767 | + | 7 (7) REGISTERED APPRENTICESHIP PROGRAM. A plan |
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| 768 | + | 8 containing all terms and conditions for the qualification, |
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| 769 | + | 9 recruitment, selection, employment, and training of |
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| 770 | + | 10 apprentices, as required under 29 C.F.R. Parts 29 and 30, and |
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| 771 | + | 11 rules adopted by the Alabama Office of Apprenticeship, |
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| 772 | + | 12 including rules requiring a written apprenticeship agreement. |
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| 773 | + | 13 (8) STATE APPRENTICESHIP AGENCY. The Alabama Office |
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| 774 | + | 14 of Apprenticeship. |
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| 775 | + | 15 (c) Commencing with the 2023-2024 school year, |
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| 776 | + | 16 students in public schools shall earn one or more of the |
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| 777 | + | 17 following college or career readiness indicators, and any |
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| 778 | + | 18 additional college and career readiness indicators approved by |
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| 779 | + | 19 the State Board of Education, before graduation: |
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| 780 | + | 20 (1) Earning a benchmark score in any subject area on |
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| 781 | + | 21 the ACT college entrance exam. |
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| 782 | + | 22 (2) Earning a qualifying score of three or higher on |
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| 783 | + | 23 an advanced placement exam. |
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| 784 | + | 24 (3) Earning a qualifying score of four or higher on |
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| 785 | + | 25 an international baccalaureate exam. |
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| 786 | + | 26 (4) Earning college credit while in high school. |
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| 787 | + | Page 29 1 (5) Earning a silver or gold level on the ACT |
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| 788 | + | 2 WorkKeys Exam. |
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| 789 | + | 3 (6) Registration in a school youth registered |
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| 790 | + | 4 apprenticeship program. |
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| 791 | + | 5 (7) Completing a certified preapprenticeship |
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| 792 | + | 6 program. |
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| 793 | + | 7 (8) Earning a career technical industry credential |
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| 794 | + | 8 listed on the compendium of valuable credentials of the |
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| 795 | + | 9 Alabama Committee on Credentialing and Career Pathways. |
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| 796 | + | 10 (9) Being accepted into the military before |
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| 797 | + | 11 graduation. |
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| 798 | + | 12 (10) Attaining career and technical education |
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| 799 | + | 13 concentrator status. |
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| 800 | + | 14 (d) The State Superintendent of Education shall |
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| 801 | + | 15 require career coaches funded through the Career Coaches |
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| 802 | + | 16 Initiative of the state Career Tech Initiative supported by |
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| 803 | + | 17 the Education Trust Fund, as defined and described in Chapter |
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| 804 | + | 18 13 of Title 16 and Chapter 9 of Title 29, Code of Alabama |
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| 805 | + | 19 1975, to satisfy or surpass annual targets, established by the |
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| 806 | + | 20 State Superintendent of Education and the Chair of the Alabama |
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| 807 | + | 21 Workforce Council, to increase the number of employer |
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| 808 | + | 22 placements for students participating in an internship, |
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| 809 | + | 23 cooperative education, on-the-job learning, preapprenticeship, |
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| 810 | + | 24 or registered apprenticeship programs recognized by the state |
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| 811 | + | 25 apprenticeship agency that are aligned to an occupation listed |
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| 812 | + | 26 on a regional or statewide list of in-demand occupations |
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| 813 | + | Page 30 1 adopted by the Alabama Committee on Credentialing and Career |
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| 814 | + | 2 Pathways. |
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| 815 | + | 3 (e) Commencing with the 2023-2024 school year, the |
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| 816 | + | 4 career preparedness course required for graduation from public |
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| 817 | + | 5 K-12 schools shall include all of the following: |
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| 818 | + | 6 (1) Exploration of the in-demand jobs in the state |
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| 819 | + | 7 as identified annually by the Alabama Committee on |
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| 820 | + | 8 Credentialing and Career Pathways. |
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| 821 | + | 9 (2) Completion of the Alabama Works financial |
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| 822 | + | 10 literacy module. |
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| 823 | + | 11 (3) A work-based learning experience aligned to the |
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| 824 | + | 12 Alabama Committee on Credentialing and Career Pathways list of |
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| 825 | + | 13 in-demand occupations. |
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| 826 | + | 14 (4) Establishment of a state college and career |
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| 827 | + | 15 exploration tool account for each participating student. |
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| 828 | + | 16 (5) Completion of a workforce preparedness module |
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| 829 | + | 17 approved by the Alabama Workforce Council that is focused on |
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| 830 | + | 18 employability skills, resume and interview success, and |
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| 831 | + | 19 securing postsecondary and workforce opportunities post high |
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| 832 | + | 20 school. |
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| 833 | + | 21 (f) The State Superintendent of Education and the |
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| 834 | + | 22 Chair of the Alabama Workforce Council shall collaborate to |
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| 835 | + | 23 implement the modifications and customization of the career |
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| 836 | + | 24 preparedness course to meet the needs of each of the seven |
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| 837 | + | 25 workforce regions of the state. |
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| 838 | + | 26 (g) On or before December 30, 2022, the career |
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| 839 | + | 27 preparedness course of study shall be revised to reflect the |
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| 840 | + | Page 31 1 provisions of this subsection. Thereafter, the career |
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| 841 | + | 2 preparedness course of study shall be revised every seven |
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| 842 | + | 3 years. |
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| 843 | + | 4 Section 4. Although this bill would have as its |
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| 844 | + | 5 purpose or effect the requirement of a new or increased |
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| 845 | + | 6 expenditure of local funds, the bill is excluded from further |
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| 846 | + | 7 requirements and application under Amendment 621, as amended |
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| 847 | + | 8 by Amendment 890, now appearing as Section 111.05 of the |
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| 848 | + | 9 Official Recompilation of the Constitution of Alabama of 1901, |
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| 849 | + | 10 as amended, because the bill defines a new crime or amends the |
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| 850 | + | 11 definition of an existing crime. |
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| 851 | + | 12 Section 5. This act shall become effective on the |
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| 852 | + | 13 first day of the third month following its passage and |
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| 853 | + | 14 approval by the Governor, or its otherwise becoming law. |
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