By: Shapiro, et al. S.B. No. 1313
A BILL TO BE ENTITLED
AN ACT
relating to the quality and accessibility of public school career
and technical education programs and to assistance to students
concerning postsecondary education and training.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 7.009, Education Code, is amended to
read as follows:
Sec. 7.009. BEST PRACTICES; CLEARINGHOUSE. (a) In
coordination with the Legislative Budget Board, the agency shall
establish an online clearinghouse of information relating to best
practices of campuses, [and] school districts, and open-enrollment
charter schools. In addition to information required under
Subsection (e), the agency shall determine the appropriate topic
categories for which a campus, district, or charter school may
submit best [regarding instruction, dropout prevention, public
school finance, resource allocation, and business] practices. To
the extent practicable, the agency shall ensure that information
provided through the online clearinghouse is specific, actionable
information relating to the best practices of high-performing and
highly efficient campuses, [and school] districts, and
open-enrollment charter schools and of academically acceptable
campuses, districts, and open-enrollment charter schools that have
demonstrated significant improvement in student achievement rather
than general guidelines relating to campus, [and school] district,
and open-enrollment charter school operation. The information must
be accessible by campuses, school districts, open-enrollment
charter schools, and interested members of the public.
(b) The agency shall solicit and collect from the
Legislative Budget Board, centers for education research
established under Section 1.005, and [exemplary or recognized]
school districts, campuses, and open-enrollment charter schools[,
as rated under Section 39.072,] examples of best practices as
determined by the agency under Subsection (a) and as required under
Subsection (e) [relating to instruction, dropout prevention,
public school finance, resource allocation, and business
practices, including best practices relating to curriculum, scope
and sequence, compensation and incentive systems, bilingual
education and special language programs, compensatory education
programs, and the effective use of instructional technology,
including online courses].
(c) The agency may [shall] contract for the services of one
or more third-party contractors to [develop, implement, and]
maintain a system of collecting and evaluating the best practices
of campuses, [and] school districts, and open-enrollment charter
schools as provided by this section. In addition to any other
considerations required by law, the agency must consider an
applicant's demonstrated competence and qualifications in
analyzing campus, [and] school district, and open-enrollment
charter school practices in awarding a contract under this
subsection.
(d) The commissioner may purchase from available funds
curriculum and other instructional tools identified under this
section to provide for use by school districts and open-enrollment
charter schools.
(e) The clearinghouse shall collect and provide information
relating to best practices in career and technology education,
including:
(1) model programs that connect kindergarten through
grade 12 to postsecondary employment or higher education in a
seamless system that includes the use of quality internship
programs;
(2) courses that teach, in an applied manner, the
required curriculum under Section 28.002;
(3) models of course scheduling that allow students to
participate in a coherent sequence of career and technology courses
while meeting the requirement adopted under Section 28.025 that
students complete four courses in each subject of the foundation
curriculum under Section 28.002(a)(1);
(4) counseling that:
(A) assists students in identifying current or
emerging high-demand, high-wage occupations appropriate for the
student or other occupations appropriate for and of interest to the
student;
(B) assists students in determining the skills
needed for the occupations identified under Paragraph (A);
(C) assists students in planning courses and
schedules to acquire the needed skills;
(D) connects students to employment
opportunities and to institutions of higher education;
(E) provides a method to assess students'
aptitudes or interests; and
(F) informs students about career options and
levels of education and training needed to obtain entry and
advanced levels of employment in current and emerging occupations
regionally and statewide; and
(5) the integration into and use for the career and
technology education course sequences of:
(A) Internet courses;
(B) interactive television; and
(C) other innovative methods of providing
instruction.
(f) This subsection expires January 31, 2011. Not later
than January 1, 2011, the agency shall report to the governor,
lieutenant governor, speaker of the house of representatives, and
chair of each standing committee of the legislature with primary
jurisdiction over public education recommendations regarding how
to use the clearinghouse established under this section as a
dynamic technical assistance and support tool. The recommendations
must include recommendations regarding:
(1) using the clearinghouse to provide classroom
teachers, school districts, and open-enrollment charter schools
with statewide access to high-quality curricula;
(2) consolidating access to similar state Internet web
portals from a single Internet website; and
(3) providing students access to Internet-based
academic and career counseling that includes cooperation among the
relevant state agencies for the purpose of transitioning students,
including students enrolled in a special education program under
Subchapter A, Chapter 29, from kindergarten through grade 12 to
higher education and postsecondary employment.
SECTION 2. Section 28.002, Education Code, is amended by
adding Subsection (d) to read as follows:
(d) Each time the Texas Higher Education Coordinating Board
revises the Internet database of the coordinating board's official
statewide inventory of workforce education courses, the State Board
of Education shall by rule revise the essential knowledge and
skills of any corresponding career and technology education
curriculum as provided by Subsection (c).
SECTION 3. Subchapter F, Chapter 29, Education Code, is
amended by adding Section 29.186 to read as follows:
Sec. 29.186. HIGH-DEMAND OCCUPATIONS LIST. (a) The Texas
Workforce Commission shall develop, in consultation with the Texas
Workforce Investment Council, a list of current or emerging
high-demand, high-wage, high-skill occupations in this state that
require licensure, certification, an associate degree, or a
bachelor's degree. The Texas Workforce Commission shall provide
the research and technical support for developing the list under
this subsection.
(b) The Texas Workforce Investment Council shall consider
the list developed under Subsection (a) and approve a list for
submission to the commissioner. On approval of the list, the Texas
Workforce Investment Council shall deliver the list to the
commissioner.
(c) The commissioner of education, after consultation with
the commissioner of higher education, shall consider the list
delivered under Subsection (b) and approve a final list of current
or emerging high-demand, high-wage, high-skill occupations in this
state that require licensure, certification, an associate degree,
or a bachelor's degree.
(d) The list of current or emerging high-demand, high-wage,
high-skill occupations in this state that require licensure,
certification, an associate degree, or a bachelor's degree shall be
reviewed and approved under the process provided by this section
every four years.
SECTION 4. Subsections (a) and (c), Section 29.190,
Education Code, are amended to read as follows:
(a) A student is entitled to a subsidy under this section
if:
(1) the student:
(A) [(1)] successfully completes the career and
technology program of a school district in which the student
receives training and instruction for employment in a current or
emerging high-demand, high-wage, high-skill [certain trade or]
occupation, as determined under Section 29.186; or
(B) is enrolled in a special education program
under Subchapter A;
(2) the student passes a certification examination to
qualify for a license or certificate for the [trade or] occupation;
and
(3) the student submits to the district a written
application in the form, time, and manner required by the district
for the district to subsidize the cost of an examination described
by Subdivision (2) [demonstrates financial need].
(c) On approval by the commissioner, the agency shall pay
each school district [eligible student] an amount equal to the cost
paid by the district or student for the certification examination.
To obtain reimbursement for a subsidy paid under this section, a
district [student] must:
(1) pay the fee for the examination or pay the student
the amount of the fee paid by the student for the examination; and
(2) submit to the commissioner a written application
on a form prescribed by the commissioner stating [demonstrating
financial need and] the amount of the fee paid under Subdivision (1)
[by the student] for the certification examination.
SECTION 5. Subchapter A, Chapter 33, Education Code, is
amended by adding Section 33.008 to read as follows:
Sec. 33.008. COUNSELING REGARDING COLLEGE AND CAREER
READINESS AND POSTSECONDARY SUCCESS. (a) Each counselor at an
elementary or middle or junior high school, including an
open-enrollment charter school offering those grades, shall advise
students and their parents or guardians regarding:
(1) the importance of higher education;
(2) coursework designed to prepare students for
postsecondary education and training, including career and
technology education;
(3) the opportunity while in high school to earn
college credit and industry certification; and
(4) financial aid availability and requirements.
(b) The information under Subsection (a) shall be provided
in a manner that assists a student in establishing a personal
graduation plan that leads to licensure, certification, an
associate degree, or a bachelor's degree.
(c) During the first school year a student is enrolled in a
high school or at the high school level in an open-enrollment
charter school, a counselor shall provide to students and their
parents or guardians information regarding higher education and
coursework designed to prepare students for postsecondary
education and training, including career and technology education,
as part of any information provided to assist a student in
establishing a personal graduation plan that leads to licensure,
certification, an associate degree, or a bachelor's degree.
(d) The career and technology education information
provided under this section must include information regarding:
(1) available course and career options, including
projected future demand for particular careers;
(2) current or emerging high-demand, high-wage,
high-skill occupations;
(3) information concerning career options and levels
of education and training needed to obtain entry and advanced
levels of employment;
(4) certification requirements, licensing
requirements, and higher education and training requirements,
including skills needed and coursework required to meet those
requirements;
(5) the opportunity while in high school to earn
college credit and industry certification;
(6) obtaining an aptitude or interest assessment; and
(7) the advantages of completing the recommended or
advanced high school program adopted under Section 28.025(a).
SECTION 6. Subsection (a), Section 42.154, Education Code,
is amended to read as follows:
(a) For each full-time equivalent student in average daily
attendance in an approved career and technology education program
in grades nine through 12 or in career and technology education
programs for students with disabilities in grades seven through 12,
a district is entitled to:
(1) an annual allotment equal to the adjusted basic
allotment multiplied by a weight of 1.35; and
(2) $50, if the student is enrolled in:
(A) two or more advanced career and technology
education classes for a total of three or more credits; or
(B) an advanced course as part of a tech-prep
program under Subchapter T, Chapter 61.
SECTION 7. Subsection (a), Section 54.0065, Education Code,
is amended to read as follows:
(a) A qualified student is eligible for a rebate of a
portion of the undergraduate tuition the student has paid if the
student:
(1) is awarded a baccalaureate degree from a general
academic teaching institution within the period prescribed by
Section 56.462(1)(A) or (B), as applicable, to qualify for
forgiveness of a Texas B-On-time loan; and
(2) has attempted no more than three hours in excess of
the minimum number of semester credit hours required to complete
the degree program:
(A) including:
(i) transfer credits; and
(ii) course credit earned exclusively by
examination, except that, for purposes of this subsection, only the
number of semester credit hours earned exclusively by examination
in excess of nine semester credit hours is treated as hours
attempted; and
(B) excluding course credit that is earned to
satisfy requirements for a Reserve Officers' Training Corps (ROTC)
program or from an articulated or dual credit course for which the
student received credit toward a high school diploma but that is not
required to complete the degree program.
SECTION 8. Subsection (d), Section 61.0595, Education Code,
is amended to read as follows:
(d) The following are not counted for purposes of
determining whether the student has previously earned the number of
semester credit hours specified by Subsection (a):
(1) semester credit hours earned by the student before
receiving a baccalaureate degree that has previously been awarded
to the student;
(2) semester credit hours earned by the student by
examination or under any other procedure by which credit is earned
without registering for a course for which tuition is charged;
(3) credit for a remedial education course, a
technical course, a workforce education course funded according to
contact hours, an articulated or dual credit course for which the
student received credit toward a high school diploma, or another
course that does not count toward the student's specific [a] degree
program [at the institution]; and
(4) semester credit hours earned by the student at a
private institution or an out-of-state institution.
SECTION 9. 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
primary and secondary schools and 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 10. 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, in coordination with the commissioner of education,
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 to 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 and the Texas
Workforce Commission, 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 or
emerging under Section 29.186;
(4) the skills needed and the available avenues for
obtaining employment in a high-demand or emerging 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.
(f) As one of the programs adopted under Subsection (a)(5),
the board, in conjunction with the comptroller and the Texas
Workforce Commission, shall establish mobile career centers that
visit schools or other places where students are likely to gather.
The mobile career centers shall provide students information on
various occupations, including:
(1) the potential future employment demand for the
occupation;
(2) the earning potential for a person employed in the
occupation;
(3) the skills and training needed for employment in
the occupation;
(4) a list of courses applicable to the occupation,
including courses offered in high school, for dual credit, on the
Internet, and at institutions of higher education, and the extent
to which those courses are available to the student; and
(5) information concerning post-entry-level
employment opportunities in the occupation and, to the extent
feasible, information concerning the education required to access
those future opportunities.
(g) The mobile career centers established under Subsection
(f):
(1) shall be operated, to the extent practicable, in
coordination with one or more other governmental entities providing
mobile programs; and
(2) may be funded only with private gifts, grants, or
donations.
SECTION 11. Subchapter C, Chapter 61, Education Code, is
amended by adding Section 61.0764 to read as follows:
Sec. 61.0764. ADULT BASIC EDUCATION PILOT PROGRAM. (a) In
this section, "pilot program" means the adult basic education pilot
program established under this section.
(b) Using funds appropriated for the purpose, the board by
rule shall establish a pilot program under which participating
junior college districts and public technical institutes receive
funding to establish adult education programs that focus on:
(1) the provision of developmental education to
support the transition from high school to college or a career; and
(2) dropout recovery.
(c) To participate in the pilot program, a junior college
district or public technical institute must apply to the board in
the manner prescribed by the board. The application must include a
detailed plan developed by the junior college district or public
technical institute for the district's or institute's adult
education program. The board may select for participation in the
pilot program those junior college districts and public technical
institutes whose plans serve the purposes of the pilot program as
determined by the board.
(d) The board may adopt rules necessary to administer this
section.
SECTION 12. Subtitle G, Title 3, Education Code, is amended
by adding Chapter 134 to read as follows:
CHAPTER 134. 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, public technical institutes, and eligible
nonprofit organizations 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 startup 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 TO NONPROFIT ORGANIZATIONS FOR
INNOVATIVE AND SUCCESSFUL PROGRAMS. (a) The comptroller may award
a grant to a nonprofit organization eligible under Subsection (b)
for the development, support, or expansion 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
nonprofit organization must:
(1) provide a program to offer assistance to
low-income students in preparing for, applying to, and enrolling in
a public junior college or public technical institute;
(2) be governed by a board or other governing
structure that includes recognized leaders of broad-based
community organizations and members of the local business
community;
(3) demonstrate to the satisfaction of the advisory
board that the organization's program has achieved or will achieve
the following measures of success among program participants, to
the extent applicable to the type of program the organization
provides:
(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; and
(4) provide matching funds in accordance with rules
adopted under Section 134.008.
(c) The matching funds required under Subsection (b)(4) may
be obtained from any source available to the nonprofit
organization, 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. GRANTS TO EDUCATIONAL INSTITUTIONS 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 chapter.
SECTION 13. Subsection (b), Section 29.190, Education Code,
is repealed.
SECTION 14. The change in law made by this Act to Subsection
(a), Section 54.0065, Education Code, applies to a tuition rebate
regardless of the date a student enters a general academic teaching
institution as a first-time freshman.
SECTION 15. The change in law made by this Act to Subsection
(d), Section 61.0595, Education Code, applies beginning with the
funding recommendations made under Section 61.059, Education Code,
for the 2011-2012 academic year.
SECTION 16. The Texas Higher Education Coordinating Board
shall adopt the rules required by Section 61.0764, Education Code,
as added by this Act, as soon as practicable after this Act takes
effect. For that purpose, the coordinating board may adopt the
initial rules in the manner provided by law for emergency rules.
SECTION 17. Sections 4, 5, and 6 of this Act apply beginning
with the 2009-2010 school year.
SECTION 18. This Act does not make an appropriation. This
Act takes effect only if a specific appropriation for the
implementation of the Act is provided in a general appropriations
act of the 81st Legislature.
SECTION 19. Except as provided by Section 18 of this Act,
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, except as provided by Section 18 of this
Act.