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§ 6231. —  Requirements.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 20USC6231]

 
                           TITLE 20--EDUCATION
 
                CHAPTER 69--SCHOOL-TO-WORK OPPORTUNITIES
 
                    SUBCHAPTER VI--GENERAL PROVISIONS
 
Sec. 6231. Requirements

    The following requirements shall apply to programs under this 
chapter:

                   (1) Prohibition on displacement

        No student participating in such a program shall displace any 
    currently employed worker (including a partial displacement, such as 
    a reduction in the hours of nonovertime work, wages, or employment 
    benefits).

             (2) Prohibition on impairment of contracts

        No such program shall impair existing contracts for services or 
    collective bargaining agreements, and no such program that would be 
    inconsistent with the terms of a collective bargaining agreement 
    shall be undertaken without the written concurrence of the labor 
    organization and employer concerned.

                   (3) Prohibition on replacement

        No student participating in such a program shall be employed or 
    fill a job--
            (A) when any other individual is on temporary layoff, with 
        the clear possibility of recall, from the same or any 
        substantially equivalent job with the participating employer; or
            (B) when the employer has terminated the employment of any 
        regular employee or otherwise reduced the workforce of the 
        employer with the intention of filling the vacancy so created 
        with the student.

                           (4) Workplaces

        Students participating in such programs shall be provided with 
    adequate and safe equipment and safe and healthful workplaces in 
    conformity with all health and safety requirements of Federal, 
    State, and local law.

                      (5) Effect on other laws

        Nothing in this chapter shall be construed to modify or affect 
    any Federal or State law prohibiting discrimination on the basis of 
    race, religion, color, ethnicity, national origin, gender, age, or 
    disability, or to modify or affect any right to enforcement of this 
    chapter that may exist under other Federal laws, except as expressly 
    provided by this chapter.

                  (6) Prohibition concerning wages

        Funds appropriated under authority of this chapter shall not be 
    expended for wages of students or workplace mentors participating in 
    such programs.

                       (7) Other requirements

        The Secretaries shall establish such other requirements as the 
    Secretaries may determine to be appropriate, in order to ensure that 
    participants in programs under this chapter are afforded adequate 
    supervision by skilled adult workers, or to otherwise further the 
    purposes of this chapter.

(Pub. L. 103-239, title VI, Sec. 601, May 4, 1994, 108 Stat. 603.)

                       References in Text

    This chapter, referred to in text, was in the original ``this Act'', 
meaning Pub. L. 103-239, May 4, 1994, 108 Stat. 568, which is classified 
principally to this chapter. For complete classification of this Act to 
the Code, see Short Title note set out under section 6101 of this title 
and Tables.



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