Texas 2017 - 85th Regular

Texas Senate Bill SB22 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Taylor of Galveston, et al. S.B. No. 22
2		-	(Lucio III)
	1	+	S.B. No. 22
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to the establishment of a Pathways in Technology Early
8	6		College High School (P-TECH) program and to the repeal of the
9	7		tech-prep program.
10	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	9		SECTION 1. Chapter 29, Education Code, is amended by adding
12	10		Subchapter N to read as follows:
13	11		SUBCHAPTER N. PATHWAYS IN TECHNOLOGY EARLY COLLEGE HIGH SCHOOL
14	12		(P-TECH) PROGRAM
15	13		Sec. 29.551. DEFINITIONS. In this subchapter:
16	14		(1) "Advisory council" means the P-TECH advisory
17	15		council.
18	16		(2) "Articulation agreement" means a written
19	17		commitment between school districts or open-enrollment charter
20	18		schools and institutions of higher education to a program designed
21	19		to provide students with a nonduplicative sequence of progressive
22	20		achievement leading to degrees or certificates in a work-based
23	21		education program.
24	22		(3) "Institution of higher education" has the meaning
25	23		assigned by Section 61.003.
26	24		(4) "P-TECH program" means the Pathways in Technology
27	25		Early College High School program established under this
28	26		subchapter.
29	27		Sec. 29.552. P-TECH ADVISORY COUNCIL. (a) The advisory
30	28		council is composed of:
31	29		(1) three members representing school districts and
32	30		open-enrollment charter schools appointed as follows:
33	31		(A) one member appointed by the governor;
34	32		(B) one member appointed by the lieutenant
35	33		governor; and
36	34		(C) one member appointed by the speaker of the
37	35		house of representatives;
38	36		(2) three members representing institutions of higher
39	37		education appointed as follows:
40	38		(A) one member appointed by the governor;
41	39		(B) one member appointed by the lieutenant
42	40		governor; and
43	41		(C) one member appointed by the speaker of the
44	42		house of representatives; and
45	43		(3) six members representing industry or business
46	44		partners that participate or seek to participate in the P-TECH
47	45		program appointed as follows:
48	46		(A) two members appointed by the governor;
49	47		(B) two members appointed by the lieutenant
50	48		governor; and
51	49		(C) two members appointed by the speaker of the
52	50		house of representatives.
53	51		(b) A member of the advisory council serves at the will of
54	52		the member's appointing authority.
55	53		(c) The advisory council shall provide recommendations to
56	54		the commissioner regarding:
57	55		(1) the establishment and administration of the P-TECH
58	56		program; and
59	57		(2) the criteria for a campus's designation as a P-TECH
60	58		school under Section 29.556.
61	59		(d) A member of the advisory council may not receive
62	60		compensation for service on the advisory council but, subject to
63	61		the availability of funding, may receive reimbursement for actual
64	62		and necessary expenses, including travel expenses, incurred in
65	63		performing advisory council duties. The advisory council may
66	64		solicit and accept gifts, grants, and donations to pay for those
67	65		expenses.
68	66		(e) Chapter 2110, Government Code, does not apply to the
69	67		advisory council.
70	68		Sec. 29.553. P-TECH PROGRAM. (a) The commissioner shall
71	69		establish and administer a Pathways in Technology Early College
72	70		High School (P-TECH) program for students who wish to participate
73	71		in a work-based education program.
74	72		(b) The P-TECH program must:
75	73		(1) be open enrollment;
76	74		(2) provide for a course of study that enables a
77	75		participating student in grade levels 9 through 12 to combine high
78	76		school courses and postsecondary courses;
79	77		(3) allow a participating student to complete high
80	78		school and, on or before the sixth anniversary of the date of the
81	79		student's first day of high school:
82	80		(A) receive a high school diploma and an
83	81		associate degree, a two-year postsecondary certificate, or
84	82		industry certification; and
85	83		(B) complete work-based training through an
86	84		internship, apprenticeship, or other job training program;
87	85		(4) include:
88	86		(A) articulation agreements with institutions of
89	87		higher education in this state to provide a participating student
90	88		access to postsecondary educational and training opportunities at
91	89		an institution of higher education; and
92	90		(B) memoranda of understanding with regional
93	91		industry or business partners in this state to provide a
94	92		participating student access to work-based training and education;
95	93		and
96	94		(5) provide a participating student flexibility in
97	95		class scheduling and academic mentoring.
98	96		(c) Each articulation agreement under Subsection (b)(4)(A)
99	97		must address:
100	98		(1) curriculum alignment;
101	99		(2) instructional materials;
102	100		(3) the instructional calendar;
103	101		(4) courses of study;
104	102		(5) student enrollment and attendance;
105	103		(6) grading periods and policies; and
106	104		(7) administration of statewide assessment
107	105		instruments under Subchapter B, Chapter 39.
108	106		(d) Each memorandum of understanding under Subsection
109	107		(b)(4)(B) must include an agreement that the regional industry or
110	108		business partner will give to a student who receives work-based
111	109		training or education from the partner under the P-TECH program
112	110		first priority in interviewing for any jobs for which the student is
113	111		qualified that are available on the student's completion of the
114	112		program.
115	113		(e) A student participating in the P-TECH program is
116	114		entitled to the benefits of the Foundation School Program in
117	115		proportion to the amount of time spent by the student on high school
118	116		courses, in accordance with rules adopted by the commissioner,
119	117		while completing the course of study established by the applicable
120	118		articulation agreement or memorandum of understanding under
121	119		Subsection (b)(4).
122	120		(f) The P-TECH program must be provided at no cost to
123	121		participating students.
124	122		(g) The commissioner may accept gifts, grants, and
125	123		donations from any source, including private and nonprofit
126	124		organizations, for the P-TECH program. A private or nonprofit
127	125		organization that contributes to the program may receive an award
128	126		under Section 7.113.
129	127		(h) The commissioner shall collaborate with the Texas
130	128		Workforce Commission and the Texas Higher Education Coordinating
131	129		Board to develop and implement a plan for the P-TECH program that
132	130		addresses:
133	131		(1) regional workforce needs;
134	132		(2) credit transfer policies between institutions of
135	133		higher education; and
136	134		(3) internships, apprenticeships, and other
137	135		work-based education programs.
138	136		Sec. 29.554. ACCIDENT MEDICAL EXPENSE, LIABILITY, AND
139	137		AUTOMOBILE INSURANCE COVERAGE. (a) The board of trustees of a
140	138		school district or the governing body of an open-enrollment charter
141	139		school may obtain accident medical expense, liability, or
142	140		automobile insurance coverage to protect:
143	141		(1) a business or entity that partners with the
144	142		district or school under Section 29.553 to provide students with
145	143		work-based training and education under the P-TECH program; and
146	144		(2) a student enrolled in the district or at the school
147	145		who participates in the district's or school's P-TECH program.
148	146		(b) The coverage authorized by this section must be:
149	147		(1) obtained from a reliable insurer authorized to
150	148		engage in business in this state; or
151	149		(2) provided through a self-funded risk pool of which
152	150		the school district or open-enrollment charter school is a member.
153	151		(c) The amount of coverage the school district or
154	152		open-enrollment charter school obtains must be reasonable
155	153		considering the financial condition of the district or school and
156	154		may not exceed the amount that, in the opinion of the board of
157	155		trustees or governing body, is reasonably necessary.
158	156		(d) If the board of trustees of a school district or
159	157		governing body of an open-enrollment charter school obtains
160	158		accident medical expense, liability, or automobile insurance
161	159		coverage under this section, the district or school shall notify
162	160		the parent or guardian of each student participating in the P-TECH
163	161		program.
164	162		(e) The failure of any board of trustees of a school
165	163		district or governing body of an open-enrollment charter school to
166	164		obtain coverage, or any specific amount of coverage, authorized by
167	165		this section may not be construed as placing any legal liability on
168	166		the district or school or the district's or school's officers,
169	167		agents, or employees for any injury that results.
170	168		Sec. 29.555. IMMUNITY FROM LIABILITY. A student who
171	169		participates in the P-TECH program while enrolled in a school
172	170		district or at an open-enrollment charter school is entitled to
173	171		immunity in the same manner as a professional employee of a school
174	172		district under Subchapter B, Chapter 22, or as an employee of an
175	173		open-enrollment charter school under Section 12.1056, as
176	174		applicable.
177	175		Sec. 29.556. P-TECH SCHOOL DESIGNATION AND GRANT PROGRAM.
178	176		(a) A school district or open-enrollment charter school that
179	177		implements or seeks to implement the P-TECH program at a campus may
180	178		apply to the commissioner for designation of the campus as a P-TECH
181	179		school in accordance with procedures established by the
182	180		commissioner.
183	181		(b) From funds appropriated for that purpose, the
184	182		commissioner by rule shall establish a grant program to assist
185	183		school districts and open-enrollment charter schools in
186	184		implementing the P-TECH program at a campus designated as a P-TECH
187	185		school under Subsection (a). The commissioner may use not more than
188	186		three percent of the funds appropriated for the grant program to
189	187		cover the cost of administering the grant program and to provide
190	188		technical assistance and support to P-TECH schools.
191	189		(b-1) The total amount of grants awarded under the grant
192	190		program for the state fiscal biennium ending August 31, 2019, may
193	191		not exceed $5 million. This subsection expires December 1, 2019.
194	192		(c) The commissioner shall establish the criteria for a
195	193		campus's designation as a P-TECH school and for participation in
196	194		the grant program under this section. The criteria must require a
197	195		school district or open-enrollment charter school to:
198	196		(1) enter into an articulation agreement under Section
199	197		29.553 only with institutions of higher education that are
200	198		accredited by a national or regional accrediting agency recognized
201	199		by the Texas Higher Education Coordinating Board;
202	200		(2) review and, as necessary, update each memorandum
203	201		of understanding with a regional industry or business partner under
204	202		Section 29.553 at least once every two years; and
205	203		(3) explain how the district's or school's P-TECH
206	204		program will address regional workforce needs.
207	205		Sec. 29.557. RULES. (a) The commissioner shall adopt
208	206		rules as necessary to administer the P-TECH program, including
209	207		rules to ensure a student participating in the program is not
210	208		considered for accountability purposes to have dropped out of high
211	209		school or failed to complete the curriculum requirements for high
212	210		school graduation until after the sixth anniversary of the date of
213	211		the student's first day in high school. The rules may provide for
214	212		giving preference in receiving program benefits to a student who is
215	213		in the first generation of the student's family to attend college
216	214		and may establish other distinctions or criteria based on student
217	215		need.
218	216		(b) The commissioner shall consult the Texas Higher
219	217		Education Coordinating Board in administering the program. The
220	218		Texas Higher Education Coordinating Board may adopt rules as
221	219		necessary to exercise its powers and duties under this subchapter.
222	220		SECTION 2. Section 28.009(d)(2), Education Code, is amended
223	221		to read as follows:
224	222		(2) "Sequence of courses" means career and technical
225	223		education courses approved by the State Board of Education or[,]
226	224		innovative courses approved by the State Board of Education that
227	225		are provided for local credit[, or a tech-prep program of study
228	226		under Section 61.852].
229	227		SECTION 3. Section 39.301(c), Education Code, is amended to
230	228		read as follows:
231	229		(c) Indicators for reporting purposes must include:
232	230		(1) the percentage of graduating students who meet the
233	231		course requirements established by State Board of Education rule
234	232		for:
235	233		(A) the foundation high school program;
236	234		(B) the distinguished level of achievement under
237	235		the foundation high school program; and
238	236		(C) each endorsement described by Section
239	237		28.025(c-1);
240	238		(2) the results of the SAT, ACT, [articulated
241	239		postsecondary degree programs described by Section 61.852,] and
242	240		certified workforce training programs described by Chapter 311,
243	241		Labor Code;
244	242		(3) for students who have failed to perform
245	243		satisfactorily, under each performance standard under Section
246	244		39.0241, on an assessment instrument required under Section
247	245		39.023(a) or (c), the performance of those students on subsequent
248	246		assessment instruments required under those sections, aggregated
249	247		by grade level and subject area;
250	248		(4) for each campus, the number of students,
251	249		disaggregated by major student subpopulations, that take courses
252	250		under the foundation high school program and take additional
253	251		courses to earn an endorsement under Section 28.025(c-1),
254	252		disaggregated by type of endorsement;
255	253		(5) the percentage of students, aggregated by grade
256	254		level, provided accelerated instruction under Section 28.0211(c),
257	255		the results of assessment instruments administered under that
258	256		section, the percentage of students promoted through the grade
259	257		placement committee process under Section 28.0211, the subject of
260	258		the assessment instrument on which each student failed to perform
261	259		satisfactorily under each performance standard under Section
262	260		39.0241, and the performance of those students in the school year
263	261		following that promotion on the assessment instruments required
264	262		under Section 39.023;
265	263		(6) the percentage of students of limited English
266	264		proficiency exempted from the administration of an assessment
267	265		instrument under Sections 39.027(a)(1) and (2);
268	266		(7) the percentage of students in a special education
269	267		program under Subchapter A, Chapter 29, assessed through assessment
270	268		instruments developed or adopted under Section 39.023(b);
271	269		(8) the percentage of students who satisfy the college
272	270		readiness measure;
273	271		(9) the measure of progress toward dual language
274	272		proficiency under Section 39.034(b), for students of limited
275	273		English proficiency, as defined by Section 29.052;
276	274		(10) the percentage of students who are not
277	275		educationally disadvantaged;
278	276		(11) the percentage of students who enroll and begin
279	277		instruction at an institution of higher education in the school
280	278		year following high school graduation; and
281	279		(12) the percentage of students who successfully
282	280		complete the first year of instruction at an institution of higher
283	281		education without needing a developmental education course.
284	282		SECTION 4. Section 42.154(a), Education Code, is amended to
285	283		read as follows:
286	284		(a) For each full-time equivalent student in average daily
287	285		attendance in an approved career and technology education program
288	286		in grades nine through 12 or in career and technology education
289	287		programs for students with disabilities in grades seven through 12,
290	288		a district is entitled to:
291	289		(1) an annual allotment equal to the adjusted basic
292	290		allotment multiplied by a weight of 1.35; and
293	291		(2) $50, if the student is enrolled in[:
294	292		[(A)] two or more advanced career and technology
295	293		education classes for a total of three or more credits[; or
296	294		[(B) an advanced course as part of a tech-prep
297	295		program under Subchapter T, Chapter 61].
298	296		SECTION 5. The following provisions of the Education Code
299	297		are repealed:
300	298		(1) Section 29.185(b); and
301	299		(2) Subchapter T, Chapter 61.
302	300		SECTION 6. This Act applies beginning with the 2018-2019
303	301		school year.
304	302		SECTION 7. This Act takes effect September 1, 2017.
	303	+	______________________________ ______________________________
	304	+	President of the Senate Speaker of the House
	305	+	I hereby certify that S.B. No. 22 passed the Senate on
	306	+	March 28, 2017, by the following vote: Yeas 31, Nays 0.
	307	+	______________________________
	308	+	Secretary of the Senate
	309	+	I hereby certify that S.B. No. 22 passed the House on
	310	+	May 20, 2017, by the following vote: Yeas 135, Nays 1, one
	311	+	present not voting.
	312	+	______________________________
	313	+	Chief Clerk of the House
	314	+	Approved:
	315	+	______________________________
	316	+	Date
	317	+	______________________________
	318	+	Governor