81R2156 JSA-D
By: Zaffirini S.B. No. 47
A BILL TO BE ENTITLED
AN ACT
relating to the transfer of certain functions regarding career and
technology education from the Texas Education Agency to the Texas
Higher Education Coordinating Board.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 7.109, Education Code, is transferred to
Subchapter C, Chapter 61, Education Code, redesignated as Section
61.0764, Education Code, and amended to read as follows:
Sec. 61.0764 [7.109]. DESIGNATION AS STATE BOARD FOR
CAREER AND TECHNOLOGY EDUCATION. (a) The board is also the State
Board for Career and Technology Education.
(b) The commissioner of higher education is the executive
officer through whom the State Board for Career and Technology
Education shall carry out its policies and enforce its rules.
(c) The State Board for Career and Technology Education may
contract with the Texas Education Agency [Texas Higher Education
Coordinating Board] or any other state agency to assume the
leadership role and administrative responsibility of the State
Board for Career and Technology Education for state level
administration of technical-vocational education programs in
school districts, charter schools, and other eligible primary or
secondary educational institutions [public community colleges,
public technical institutes, and other eligible public
postsecondary institutions] in this state.
(d) The State Board for Career and Technology Education may
allocate funds appropriated to the board by the legislature or
federal funds received by the board under the Carl D. Perkins
Vocational Education Act (20 U.S.C. Section 2301 et seq.) or other
federal law to an institution or program approved by the Texas
Education Agency [State Board of Education, the Texas Higher
Education Coordinating Board,] or another state agency specified by
law.
SECTION 2. Section 29.182, Education Code, is transferred
to Subchapter C, Chapter 61, Education Code, redesignated as
Section 61.0765, Education Code, and amended to read as follows:
Sec. 61.0765 [29.182]. STATE PLAN FOR CAREER AND
TECHNOLOGY EDUCATION. (a) The board, in consultation with the
Texas Education Agency, [agency] shall prepare and biennially
update a state plan for career and technology education that sets
forth objectives for career and technology education for the next
biennium and long-term goals for the following five years.
(b) The state plan must include procedures designed to
ensure that:
(1) all secondary and postsecondary students have the
opportunity to participate in career and technology education
programs;
(2) the state complies with requirements for
supplemental federal career and technology education funding; and
(3) career and technology education is established as
a part of the total education system of this state.
SECTION 3. Section 29.183(b), Education Code, is amended to
read as follows:
(b) In developing a career and technology program, the board
of trustees shall consider the state plan for career and technology
education required under Section 61.0765 [29.182].
SECTION 4. Section 29.184(a), Education Code, is amended to
read as follows:
(a) The board of trustees of a school district may contract
with another school district or with a public or private
postsecondary educational institution or trade or technical school
that is regulated by this state, as designated in the state plan for
career and technology education required under Section 61.0765
[29.182], to provide career and technology classes for students in
the district.
SECTION 5. Section 29.187(c), Education Code, is amended to
read as follows:
(c) In developing a program under this section, the board of
trustees of a school district shall consider the state plan for
career and technology education required under Section 61.0765
[29.182].
SECTION 6. Section 61.076(g), Education Code, is amended to
read as follows:
(g) The council shall advise the board and the State Board
of Education on the coordination of postsecondary career and
technology activities, career and technology teacher education
programs offered or proposed to be offered in the colleges and
universities of this state, and other relevant matters, including:
(1) coordinating postsecondary career and technology
education and the articulation between postsecondary career and
technology education and secondary career and technology
education;
(2) facilitating the transfer of responsibilities for
the administration of postsecondary career and technology
education from the State Board of Education to the board in
accordance with Section 111(a)(I) of the Carl D. Perkins Vocational
Education Act (Pub. L. No. 98-524);
(3) advising the board [State Board of Education],
when it acts as the State Board for Career and Technology Education,
on the following:
(A) the transfer of federal funds to the Texas
Education Agency [board] for allotment to eligible school districts
or other eligible entities [public postsecondary institutions of
higher education];
(B) the career and technology education funding
for projects and institutions as determined by the board when the
State Board for Career and Technology Education is required by
federal law to endorse those determinations;
(C) the development and updating of the state
plan for career and technology education and the evaluation of
programs, services, and activities of postsecondary career and
technology education and amendments to the state plan for career
and technology education as may relate to postsecondary education;
(D) other matters related to postsecondary
career and technology education; and
(E) the coordination of curricula, instructional
programs, research, and other functions as appropriate, including
school-to-work and school-to-college transition programs and
professional development activities; and
(4) advising the Texas Workforce Investment Council on
educational policy issues related to workforce preparation.
SECTION 7. (a) The transfer of the powers and duties of the
State Board for Career and Technology Education from the Texas
Education Agency to the Texas Higher Education Coordinating Board
as provided by this Act does not affect the validity of an action
taken by the State Board for Career and Technology Education before
the effective date of this Act, and those actions, including the
adoption of any rules, remain in effect on and after the effective
date.
(b) The change in law made by this Act does not affect the
validity of the Texas State Plan for Career and Technical
Education, 2008-2013, and that plan continues in effect on the
effective date of this Act as if approved by the Texas Higher
Education Coordinating Board, subject to any revision or other
action authorized by law by the coordinating board.
(c) An appropriation made before the effective date of this
Act to the Texas Education Agency for the administration of a power
or duty transferred by this Act to the Texas Higher Education
Coordinating Board continues in effect as an appropriation made to
the Texas Higher Education Coordinating Board.
SECTION 8. This Act takes effect September 1, 2009.