81R2574 CAS-D By: Swinford H.B. No. 2812 A BILL TO BE ENTITLED AN ACT relating to the curriculum, funding, promotion, and economic impact of career and technology education in public educational institutions. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter A, Chapter 28, Education Code, is amended by adding Section 28.00221 to read as follows: Sec. 28.00221. CAREER AND TECHNOLOGY EDUCATION CURRICULUM EVALUATION COMMITTEE. (a) The Career and Technology Education Curriculum Evaluation Committee is composed of: (1) the commissioner of education; (2) the commissioner of higher education; (3) the comptroller; (4) the executive director of the Texas Workforce Commission; and (5) an employee of the agency's career and technology education unit, appointed by the commissioner of education. (b) The Career and Technology Education Curriculum Evaluation Committee shall: (1) consult with and advise the State Board of Education concerning a rigorous career and technology education curriculum; (2) determine the courses for each subject of the foundation curriculum that are required to be completed for the career and technology education curriculum recommended and advanced high school programs under Section 28.025(b-1)(1)(B)(ii); (3) determine dual credit courses for career and technology students, as defined by Section 28.009, that satisfy requirements under Sections 28.009(a)(2) and 28.025(b-1)(1)(B)(ii); and (4) designate, in accordance with Section 39.025(a-2), the licenses, certificates, and other credentials earned by students that are considered to be the equivalent of satisfactory performance on end-of-course assessment instruments. (c) The commissioner of education and the commissioner of higher education serve as co-chairs of the committee. (d) The committee shall meet at the call of the co-chairs. (e) From funds appropriated to the committee, a member of the committee is entitled to reimbursement for actual and necessary expenses incurred in performing committee duties. (f) Employees of the agency's career and technology education unit shall serve as the staff of the committee. SECTION 2. Section 28.009(b), Education Code, is amended to read as follows: (b) The agency shall coordinate with the Texas Higher Education Coordinating Board as necessary in administering this section. The agency shall coordinate with the Career and Technology Education Curriculum Evaluation Committee established under Section 28.00221 in designating dual credit courses under this section. SECTION 3. Sections 28.025(b-1) and (b-2), Education Code, are amended to read as follows: (b-1) The State Board of Education by rule shall require that: (1) except as provided by Subsection (b-2), the curriculum requirements for the recommended and advanced high school programs under Subsection (a) include a requirement that students successfully complete: (A) four courses in each subject of the foundation curriculum under Section 28.002(a)(1); or (B) a career and technology education curriculum that: (i) provides, as determined by the board in consultation with the Career and Technology Education Curriculum Evaluation Committee established under Section 28.00221, a program of rigorous, standards-based course work designed to prepare students for obtaining a license, certificate, or other credential required for employment in a field of business or industry; and (ii) prescribes successful completion of courses in subjects of the foundation curriculum under Section 28.002(a)(1), as determined by the Career and Technology Education Curriculum Evaluation Committee; and (2) one or more courses offered in the required curriculum for the recommended and advanced high school programs include a research writing component. (b-2) In adopting rules under Subsection (b-1), the State Board of Education shall allow a student to comply with the curriculum requirements for a mathematics course under Subsection (b-1)(1)(A) [(b-1)(1)] taken after the successful completion of an Algebra II course or science course under Subsection (b-1)(1)(A) [(b-1)(1)] taken after the successful completion of a physics course by successfully completing an advanced career and technology [technical] course designated by the State Board of Education as containing substantively similar and rigorous academic content. A student may use the option provided by this subsection for not more than two courses. SECTION 4. Section 28.0252(a), Education Code, is amended to read as follows: (a) The commissioner may develop a standard method of computing a student's high school grade point average that provides for additional weight to be given to each honors course, advanced placement course, international baccalaureate course, or dual credit course completed by a student. If the commissioner develops the standard method under this subsection, the commissioner shall provide for including in a student's high school grade point average credit for each career and technology education course that is: (1) successfully completed by the student; and (2) approved by the Career and Technology Education Curriculum Evaluation Committee established under Section 28.00221 or the State Board of Education, as applicable. SECTION 5. Section 39.025, Education Code, is amended by adding Subsection (a-2) to read as follows: (a-2) Notwithstanding Subsection (a) or any other provision of this code, the Career and Technology Education Curriculum Evaluation Committee established under Section 28.00221 shall designate at least one license, certificate, or other credential that, if earned by a student in connection with a particular course, is considered to be for all practicable purposes, including for purposes of earning a high school diploma, the equivalent of satisfactory performance on the end-of-course assessment instrument for that course. The committee also shall establish for purposes of Subsection (a) the score a student will be considered to have earned on the end-of-course assessment instrument for earning a license, certificate, or other credential designated by the committee. The committee may base the score in whole or in part on the score the student earns on an examination required for the license, certificate, or other credential. Earning a license, certificate, or credential is not considered the equivalent of answering particular questions on an end-of-course assessment instrument for purposes of Section 51.3062. SECTION 6. Subchapter H, Chapter 39, Education Code, is amended by adding Section 39.186 to read as follows: Sec. 39.186. REPORT ON EFFECT OF LAW AND RULES ON CAREER AND TECHNOLOGY EDUCATION ENROLLMENT. Not later than December 1 of each even-numbered year, the agency shall prepare and deliver to the governor, the lieutenant governor, the speaker of the house of representatives, each member of the legislature, and the clerks of the standing committees of the senate and house of representatives with primary jurisdiction over the public school system a report concerning the extent to which, if any, this code or a rule adopted under this code, including a standard method for computing a student's grade point average adopted by the commissioner under Section 28.0252, prevents or discourages a student from enrolling in a career and technology education course. SECTION 7. Subchapter C, Chapter 61, Education Code, is amended by adding Section 61.0593 to read as follows: Sec. 61.0593. INCENTIVE FUNDING FOR TECHNICAL EDUCATION PROGRAMS. (a) Any funding appropriated or allocated for a public junior college, public state college, or public technical institute technical education program that is based on incentives, such as higher funding amounts for improved student academic performance, must include consideration of any economic benefit the program provides to the state. That consideration must be based on a cost-benefit analysis and determination by the board, on the basis of that analysis, of whether the state will benefit economically from investment in the program. In making a determination under this subsection, the board shall consider to be an economic benefit to the state a student's preparation, as a result of participation in a college or institute's technical education program, to enter the workforce, as measured by job placements of program participants. (b) If any incentive funding for a public junior college, public state college, or public technical institute technical education program is based on the program completion rates by students, the board shall consider a student who withdraws from the program for employment related to the program to have completed the program. SECTION 8. Subchapter C, Chapter 61, Education Code, is amended by adding Section 61.0663 to read as follows: Sec. 61.0663. ECONOMIC IMPACT STUDY. (a) To assess the economic benefits and preparation for employment provided by public institutions of higher education, the board shall identify students enrolled in the public education system and collect data on which postsecondary program, if any, the students enroll in and the type of employment the students obtain following completion of high school or the program, as applicable. (b) The board, in consultation with the Texas Education Agency, the Texas Workforce Commission, and the comptroller, shall use the education and employment data collected under Subsection (a), and any additional relevant data, to assess the economic impact of secondary and postsecondary training and education. The information must be produced in a manner that: (1) demonstrates patterns of postsecondary enrollment and employment placement; (2) provides an assessment of the economic benefits of institutions of higher education and programs at those institutions to students and the state; and (3) provides an assessment of the economic benefit of public education programs that prepare students who transition directly to postsecondary employment. (c) The information produced under this section must be capable of electronic dissemination and made available to the public in a format that assists students in making decisions regarding education and career choices. (d) This section does not authorize the disclosure of student information that may not be disclosed under the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g). The board, in conjunction with the commissioner of education, the comptroller, and the Texas Workforce Commission, shall adopt rules to protect the confidentiality of student information. SECTION 9. Section 61.0762, Education Code, is amended to read as follows: Sec. 61.0762. PROGRAMS TO ENHANCE STUDENT SUCCESS. (a) To implement the college readiness and success strategic action plan adopted under Section 61.0761 and to enhance the success of students at institutions of higher education, the board by rule shall develop: (1) summer higher education bridge programs in the subject areas of mathematics, science, and English language arts; (2) incentive programs for institutions of higher education that implement research-based, innovative developmental education initiatives; (3) financial assistance programs for educationally disadvantaged students, as defined by Section 5.001, who take college entrance and college readiness assessment instruments; (4) professional development programs for faculty of institutions of higher education on college readiness standards and the implications of such standards on instruction; and (5) other programs as determined by the board that support the participation and success goals in "Closing the Gaps," the state's master plan for higher education. (b) As one of the programs adopted under Subsection (a)(5), the board shall establish education resource centers to create within school communities interest in and information concerning attendance at institutions of higher education. Each center must attempt to coordinate among students, parents, school counselors, and institutions of higher education in providing access to resources helpful in preparation for attendance at and admission to institutions of higher education. One or more persons associated with each center shall be trained and able to assist the families of high school students complete the Free Application for Federal Student Aid (FAFSA) form. Each center shall provide information concerning career and technical education, including certification and licensing requirements and available course and career options and degree programs. A center under this subsection may be located on a high school or middle school campus or at a site within a community that is conveniently located to many students, such as a public library or local workforce or community center, or may be a mobile center that visits schools or other places where students are likely to gather. (c) The board shall conduct ongoing evaluations of programs developed under Subsection (a) and any other programs developed to provide information concerning postsecondary educational or employment opportunities to determine the effectiveness of the programs in meeting the goals of "Closing the Gaps," the state's master plan for higher education. (d) In conjunction with the comptroller, the board shall develop an Internet website for the purpose of providing information to the public about postsecondary educational and employment opportunities. The website shall provide information in English and Spanish concerning: (1) career and technical education programs that integrate academic, technical, and career skills that lead to a license, certificate, or postsecondary degree; (2) available employment opportunities and the educational requirements needed for employment at entry and advanced levels; (3) which occupations are considered high-demand under Section 29.186; (4) the skills needed and the available avenues for obtaining employment in a high-demand occupation; and (5) how to obtain financial aid and what forms of financial aid are available to students entering certain occupations. (e) For the purpose of developing the Internet website under Subsection (d), the board may require the Texas Education Agency to provide information on educational programs and outcomes and the Texas Workforce Commission to provide information on workforce programs and outcomes. SECTION 10. Subtitle G, Title 3, Education Code, is amended by adding Chapter 134 to read as follows: CHAPTER 134. POSTSECONDARY EDUCATION AND EMPLOYMENT PROGRAMS SUBCHAPTER A. JOBS AND EDUCATION FOR TEXANS (JET) GRANT PROGRAM Sec. 134.001. DEFINITIONS. In this subchapter, "public junior college" and "public technical institute" have the meanings assigned by Section 61.003. Sec. 134.002. JOBS AND EDUCATION FOR TEXANS (JET) FUND. (a) The comptroller shall establish and administer the Jobs and Education for Texans (JET) fund as a dedicated account in the general revenue fund. (b) The following amounts shall be deposited in the fund: (1) any amounts appropriated by the legislature for the fund for purposes of this subchapter; (2) interest earned on the investment of money in the fund; and (3) gifts, grants, and other donations received for the fund. Sec. 134.003. ADVISORY BOARD. (a) An advisory board of education and workforce stakeholders is created to assist the comptroller in administering this chapter. (b) The advisory board is composed of seven members who serve two-year terms and are appointed as follows: (1) one member appointed by the governor; (2) one member appointed by the lieutenant governor; (3) one member appointed by the speaker of the house of representatives; (4) one member appointed by the Texas Higher Education Coordinating Board; (5) one member appointed by the Texas Workforce Commission; (6) one member of the public appointed by the comptroller; and (7) the comptroller, who serves as the chairperson. (c) The advisory board shall meet at least once each quarter to review received applications and recommend awarding grants under this subchapter. Sec. 134.004. JOBS AND EDUCATION FOR TEXANS (JET) GRANT PROGRAM. The comptroller shall establish and administer the Jobs and Education for Texans (JET) Grant Program to provide grants to public junior colleges and public technical institutes that apply to the advisory board in the manner prescribed by the advisory board. The comptroller shall award the grants on the advice and recommendations of the advisory board. Grants may be awarded under this subchapter from the JET fund for the following purposes: (1) to expand and support programs that meet the requirements of Section 134.005 and that prepare low-income students for careers in high-demand occupations; (2) to defray the start-up costs associated with the development of new career and technical education programs that meet the requirements of Section 134.006; and (3) to provide scholarships for students in career and technical education programs who meet the requirements of Section 134.007. Sec. 134.005. GRANTS FOR INNOVATIVE AND SUCCESSFUL PROGRAMS. (a) The comptroller may award a grant for the development of programs to prepare low-income students for careers in high-demand occupations. (b) To be eligible to receive a grant under this section, a program must: (1) provide assistance to those students in preparing for, applying to, and enrolling in a public junior college or public technical institute; and (2) demonstrate to the satisfaction of the advisory board: (A) above average completion of developmental education among participating public junior college or public technical institute students; (B) above average persistence rates among participating public junior college or public technical institute students; (C) above average certificate or degree completion rates by participating students within a three-year period compared to demographically comparable public junior college and public technical institute students; and (D) employment of participating students at an average full-time starting wage that is equal to or greater than the prevailing wage for the occupation entered. (c) To be eligible to receive a grant under this section, a public junior college or public technical institute must provide matching funds in accordance with rules adopted under Section 134.008. The matching funds may be obtained from any source available to the college or institute, including in-kind contributions, community or foundation grants, individual contributions, and local governmental agency operating funds. (d) Grants awarded under this section must be awarded in a manner that takes a balanced geographical distribution into consideration. Sec. 134.006. FUNDING FOR CAREER AND TECHNICAL EDUCATION PROGRAMS. (a) The comptroller may award a grant for the development of new career and technical education courses or programs at public junior colleges and public technical institutes. (b) A grant received under this section may be used only: (1) to support courses or programs that prepare students for career employment in occupations that are identified by local businesses as being in high demand; (2) to finance initial costs of career and technical education course or program development, including the costs of constructing or renovating facilities, purchasing equipment, and other expenses associated with the development of a new course; and (3) to finance a career and technical education course or program that leads to a license, certificate, or postsecondary degree. (c) In awarding a grant under this section, the comptroller shall primarily consider the potential economic returns to the state from the development of the career and technical education course or program, and may consider whether the course or program is part of a new, emerging industry or high-demand occupation. (d) To be eligible to receive a grant under this section, a public junior college or public technical institute must provide matching funds in accordance with rules adopted under Section 134.008. The matching funds may be obtained from any source available to the college, including in-kind contributions, industry consortia, community or foundation grants, individual contributions, and local governmental agency operating funds. Sec. 134.007. SCHOLARSHIPS. (a) The comptroller may award a scholarship to a public junior college or public technical institute student. (b) To be eligible to receive a scholarship under this section, a student must: (1) demonstrate financial need; and (2) be enrolled in a training program for a high-demand occupation, as determined by the comptroller on the recommendation of the advisory board. Sec. 134.008. RULES. The comptroller shall adopt rules as necessary for the administration of this subchapter. SECTION 11. Not later than January 1, 2010, the Career and Technology Education Curriculum Evaluation Committee established under Section 28.00221, Education Code, as added by this Act shall: (1) determine courses for purposes of Section 28.025(b-1)(1)(B)(ii), Education Code, as added by this Act; (2) determine dual credit courses that may be used to satisfy the career and technology education curriculum recommended and advanced high school program and institution of higher education credit requirements, as required by Section 28.00221(b)(3), Education Code, as added by this Act; and (3) designate the licenses, certificates, and other credentials considered to be the equivalent of satisfactory performance on end-of-course assessment instruments, as required by Section 39.025(a-2), Education Code, as added by this Act. SECTION 12. Not later than March 1, 2010, the State Board of Education shall adopt rules as required by Section 28.025(b-1), Education Code, as amended by this Act. The rules shall provide that the curriculum requirements for the recommended and advanced high school programs adopted under that subsection apply to a student regardless of the school year in which the student entered the ninth grade. SECTION 13. Not later than January 1, 2010, the comptroller of public accounts shall begin studying the feasibility of: (1) basing a portion of all public postsecondary technical training program funding on the economic benefit of the program to the state; and (2) for purposes of Subdivision (1) of this section, estimating the amount of any additional tax revenue generated by employers that is a result of the ability of public junior colleges, public state colleges, or public technical institutes, as those terms are defined by Section 61.003, Education Code, to prepare students for employment fields for which there is employer demand. SECTION 14. Section 61.0593, Education Code, as added by this Act, applies to incentive funding for public institutions of higher education beginning with the 2011-2012 state fiscal year. SECTION 15. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.