Texas 2021 - 87th 1st C.S.

Texas House Bill HB128 Compare Versions

Only one version of the bill is available at this time.

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1	1	By: Gates H.B. No. 128
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the operation by a school district of a vocational
7	7	education program to provide eligible high school students with
8	8	vocational and educational training under a plan for the issuance
9	9	of a high school diploma and the application of certain
10	10	student-based allotments under the public school finance system.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	ARTICLE 1. VOCATIONAL EDUCATION PROGRAMS
13	13	SECTION 1.01. Subtitle F, Title 2, Education Code, is
14	14	amended by adding Chapter 30B to read as follows:
15	15	CHAPTER 30B. VOCATIONAL EDUCATION PROGRAMS
16	16	Sec. 30B.001. DEFINITION. In this chapter, "board" means
17	17	the State Board of Education.
18	18	Sec. 30B.002. PURPOSE. The purpose of a vocational
19	19	education program operated under this chapter and authorized as a
20	20	campus or campus program under a charter granted under Subchapter
21	21	C, Chapter 12, is to provide public education to high school
22	22	students whose educational needs are better served by focused
23	23	vocational education and training.
24	24	Sec. 30B.003. VOCATIONAL EDUCATION PROGRAM. (a) Each
25	25	vocational education program granted a charter under Subchapter C,
26	26	Chapter 12, and operating under this chapter shall offer students
27	27	who reside in the district a program that is aligned with:
28	28	(1) industry-recognized credentials and certificates
29	29	included in the inventory required by Section 29.189; or
30	30	(2) industry-defined and industry-recognized skill
31	31	standards developed under Section 2308.109, Government Code.
32	32	(b) The board shall establish minimum curriculum
33	33	requirements for a vocational education program operated under this
34	34	chapter. In providing curriculum requirements, the board shall
35	35	require the successful completion of not more than 24 credits for
36	36	graduation and the issuance of a diploma under Section 30B.004. Not
37	37	less than 10 credits of the minimum curriculum requirements must be
38	38	credits earned in vocational education courses offered under the
39	39	program.
40	40	(c) A vocational education program may require the
41	41	completion of additional credits that are not included in the
42	42	minimum curriculum requirements established by the board, as
43	43	requirements for graduation and the issuance of a diploma under
44	44	Section 30B.004 provided that the program does not require the
45	45	successful completion of more than 24 credits.
46	46	(d) In providing the minimum curriculum requirements under
47	47	Subsection (b), the board shall require:
48	48	(1) one-half credit in a course that provides
49	49	instruction in the basic knowledge and skills necessary to:
50	50	(A) successfully run an independent business;
51	51	and
52	52	(B) develop entrepreneurship;
53	53	(2) one-half credit in a course providing instruction
54	54	regarding the relationship between business and government; and
55	55	(3) one-half credit in a course in industrial arts.
56	56	(e) The board by rule may provide curriculum standards for
57	57	the courses described by Subsection (d).
58	58	(f) The board by rule shall allow for a student to satisfy
59	59	the one-half credit requirement for a course described by:
60	60	(1) Subsection (d)(2) by earning one-half credit for a
61	61	course in government offered under the foundation high school
62	62	program; and
63	63	(2) Subsection (d)(3) by earning one-half credit for a
64	64	course in fine arts offered under the foundation high school
65	65	program.
66	66	(g) The board by rule may require that one or more courses
67	67	described by Subsection (d) or (f) provide basic instruction in
68	68	technical writing.
69	69	(h) In offering a vocational education program under this
70	70	chapter, a school district may form partnerships between the
71	71	district and public junior colleges, public technical institutes,
72	72	public state colleges, and any other public postsecondary
73	73	institutions in this state offering academic or technical education
74	74	or vocational training under a certificate program or an associate
75	75	degree program.
76	76	(i) A school district may use state funding received under
77	77	Chapter 48 that is available for the purpose to pay tuition costs
78	78	for district students enrolled in the district's vocational
79	79	education program and receiving academic or technical education or
80	80	vocational training from a college or institution under a
81	81	partnership entered into under Subsection (h).
82	82	Sec. 30B.004. VOCATIONAL HIGH SCHOOL DIPLOMA.
83	83	Notwithstanding any other law, agency rule, or school district
84	84	policy, a student who successfully completes the course
85	85	requirements for a district's vocational education program is
86	86	entitled to receive a high school diploma from the district in
87	87	accordance with commissioner rules concerning high school
88	88	graduation requirements for students obtaining a high school
89	89	diploma under a district's vocational education program.
90	90	Sec. 30B.005. ENROLLMENT ELIGIBILITY. A student is
91	91	eligible to enroll in a school district's vocational education
92	92	program if:
93	93	(1) the district has received the form indicating
94	94	informed consent for the student under Section 30B.006; and
95	95	(2) the student attends a high school campus of the
96	96	district and has completed the student's 10th grade year.
97	97	Sec. 30B.006. INFORMED CONSENT. (a) Before a student may
98	98	enroll in a school district's vocational education program, the
99	99	student and the student's parent, guardian, or other person
100	100	standing in parental relation to the student must be advised by a
101	101	school counselor concerning:
102	102	(1) specific benefits of graduating under the
103	103	foundation high school program established under Section 28.025;
104	104	(2) specific benefits of graduating under a vocational
105	105	education program with a diploma and earning industry-recognized
106	106	credentials through the program;
107	107	(3) the differences between the curriculum
108	108	requirements for obtaining a diploma under a vocational education
109	109	program and the curriculum requirements for obtaining a diploma
110	110	under the foundation high school program, including specific
111	111	foundation high school program courses that will be replaced by
112	112	vocational education program courses; and
113	113	(4) the number of additional credits that may be
114	114	required to graduate under the foundation high school program if
115	115	the student chooses to cease participation in a vocational
116	116	education program and resume participation in the foundation high
117	117	school program.
118	118	(b) After receiving the required counseling described by
119	119	Subsection (a), the student's parent, guardian, or other person
120	120	standing in parental relation to the student may provide written
121	121	permission for the student to enroll in the school district's
122	122	vocational education program, on a form adopted by the agency, to
123	123	the school counselor.
124	124	Sec. 30B.007. ASSESSMENT INSTRUMENTS. (a) A school
125	125	district may adopt and administer assessment instruments necessary
126	126	for a student enrolled in the district's vocational education
127	127	program to earn an industry-recognized license, credential, or
128	128	certificate.
129	129	(b) Notwithstanding any other law, the commissioner may not
130	130	require that a student enrolled in a district's vocational
131	131	education program be administered an assessment instrument under
132	132	Section 39.023 that is not required to be administered to the
133	133	student under federal law.
134	134	(c) The commissioner may not waive the application of
135	135	Subsection (b) under Section 7.056 or any other law. This
136	136	subsection does not prohibit the commissioner from waiving the
137	137	administration of assessment instruments otherwise required to be
138	138	administered to students under federal law, in accordance with
139	139	waiver authority granted to the commissioner by the United States
140	140	Department of Education.
141	141	Sec. 30B.008. EXAM SUBSIDY. A student enrolled in a school
142	142	district's vocational education program is entitled to an exam
143	143	subsidy for an exam administered under Section 30B.007 that
144	144	qualifies the student for an industry-recognized license,
145	145	credential, or certificate.
146	146	Sec. 30B.009. ACHIEVEMENT INDICATORS. (a) The
147	147	commissioner shall adopt a set of achievement indicators for school
148	148	district students enrolled in a district's vocational education
149	149	program based on recommendations provided by the Texas Workforce
150	150	Investment Council.
151	151	(b) The achievement indicators adopted by the commissioner
152	152	must measure outcomes for a school district's vocational education
153	153	program with respect to:
154	154	(1) preparing students for success in:
155	155	(A) achieving industry-recognized licenses,
156	156	credentials, and certificates;
157	157	(B) training in postsecondary occupational
158	158	programs; and
159	159	(C) entering the workforce;
160	160	(2) reducing outcome differentials among students
161	161	from different racial and ethnic groups and socioeconomic
162	162	backgrounds; and
163	163	(3) informing parents and employers regarding the
164	164	performance of school district vocational education programs and
165	165	students who enroll in those programs.
166	166	(c) Each school district that operates a vocational
167	167	education program under this chapter shall submit to the
168	168	commissioner all relevant information the commissioner determines
169	169	necessary to evaluate the district's vocational education program
170	170	based on the achievement indicators adopted under this section.
171	171	(d) The commissioner shall annually publish a report on the
172	172	performance of vocational education programs operated under this
173	173	chapter based on the achievement indicators.
174	174	Sec. 30B.010. MINIMUM INSTRUCTOR QUALIFICATIONS. (a) A
175	175	person employed by a school district as a vocational education
176	176	instructor of a district's vocational education program must have
177	177	demonstrated subject matter expertise related to the subject
178	178	taught, including:
179	179	(1) professional work experience;
180	180	(2) formal training and education;
181	181	(3) holding a relevant, active, industry-recognized
182	182	license, credential, or certificate; or
183	183	(4) any combination of Subdivisions (1), (2), and (3).
184	184	(b) A person employed by a school district as a vocational
185	185	education instructor of a district's vocational education program
186	186	must have received at least 20 hours of classroom management
187	187	training as determined by the board of trustees of the district.
188	188	Sec. 30B.011. MEMBERSHIP IN TEACHER RETIREMENT SYSTEM OF
189	189	TEXAS. A school district employee who provides services under the
190	190	district's vocational education program and qualifies for
191	191	membership in the Teacher Retirement System of Texas shall be
192	192	covered under the system to the same extent another qualified
193	193	employee of a school district is covered.
194	194	Sec. 30B.012. BUSINESS AND INDUSTRY PARTNERSHIPS. (a) A
195	195	school district operating a vocational education program under this
196	196	chapter may partner with private sector businesses to ensure
197	197	students have sufficient opportunities to participate in
198	198	apprenticeship training programs and other workplace-based
199	199	education.
200	200	(b) A school district may sponsor apprenticeship training
201	201	programs under Chapter 133 for students enrolled in the district's
202	202	vocational education program.
203	203	Sec. 30B.013. LIMITATION ON CAREER AND TECHNOLOGY EDUCATION
204	204	ALLOTMENT. For each student enrolled in a school district's
205	205	vocational education program, the district's entitlement to the
206	206	career and technology education allotment under Section 48.106 is
207	207	limited to the amount determined by the commissioner in accordance
208	208	with Subsection (a-1) of that section.
209	209	ARTICLE 2. OPERATION OF VOCATIONAL EDUCATION PROGRAM AS CAMPUS OR
210	210	CAMPUS PROGRAM CHARTER
211	211	SECTION 2.01. Section 12.056, Education Code, is amended by
212	212	adding Subsection (c) to read as follows:
213	213	(c) Notwithstanding Subsection (b), requirements related to
214	214	high school graduation under Section 28.025 do not apply to the
215	215	issuance of a diploma under a vocational education program under
216	216	Chapter 30B operated as a campus or campus program under a charter
217	217	granted under this subchapter if the program is administered in
218	218	accordance with Chapter 30B and any applicable rules adopted by the
219	219	State Board of Education under that chapter.
220	220	SECTION 2.02. Section 28.016(b), Education Code, is amended
221	221	to read as follows:
222	222	(b) The instruction must include information regarding:
223	223	(1) the creation of a high school personal graduation
224	224	plan under Section 28.02121;
225	225	(2) the distinguished level of achievement described
226	226	by Section 28.025(b-15);
227	227	(3) each endorsement described by Section
228	228	28.025(c-1);
229	229	(4) college readiness standards; [and]
230	230	(5) potential career choices and the education needed
231	231	to enter those careers; and
232	232	(6) programs of study offered through a vocational
233	233	education program under Chapter 30B operated as a campus or campus
234	234	program under a charter granted under Subchapter C, Chapter 12.
235	235	SECTION 2.03. Section 29.182(b), Education Code, is amended
236	236	to read as follows:
237	237	(b) The state plan must include procedures designed to
238	238	ensure that:
239	239	(1) all secondary and postsecondary students have the
240	240	opportunity to participate in career and technology education
241	241	programs;
242	242	(2) the state complies with requirements for
243	243	supplemental federal career and technology education funding;
244	244	(3) career and technology education is established as
245	245	a part of the total education system of this state and constitutes
246	246	an option for student learning that provides a rigorous course of
247	247	study consistent with the required curriculum under Section 28.002
248	248	and under which a student may receive specific education in a career
249	249	and technology program that:
250	250	(A) incorporates competencies leading to
251	251	academic and technical skill attainment;
252	252	(B) leads to:
253	253	(i) an industry-recognized license,
254	254	credential, or certificate; or
255	255	(ii) at the postsecondary level, an
256	256	associate or baccalaureate degree;
257	257	(C) includes opportunities for students to earn
258	258	college credit for coursework; [and]
259	259	(D) includes, as an integral part of the program,
260	260	participation by students and teachers in activities of career and
261	261	technical student organizations supported by the agency and the
262	262	State Board of Education; and
263	263	(E) includes the opportunity for students to
264	264	participate in focused vocational education through a vocational
265	265	education program under Chapter 30B operated as a campus or campus
266	266	program under a charter granted under Subchapter C, Chapter 12; and
267	267	(4) a school district provides, to the greatest extent
268	268	possible, to a student participating in a career and technology
269	269	education program opportunities to enroll in dual credit courses
270	270	designed to lead to a degree, license, or certification as part of
271	271	the program.
272	272	ARTICLE 3. APPLICATION OF CERTAIN STUDENT-BASED ALLOTMENTS
273	273	REGARDING VOCATIONAL EDUCATION PROGRAM STUDENTS
274	274	SECTION 3.01. Section 48.106, Education Code, is amended by
275	275	amending Subsection (a) and adding Subsection (a-1) to read as
276	276	follows:
277	277	(a) Subject to Subsection (a-1), for [For] each full-time
278	278	equivalent student in average daily attendance in an approved
279	279	career and technology education program in grades 7 through 12, a
280	280	district is entitled to:
281	281	(1) an annual allotment equal to the basic allotment
282	282	multiplied by a weight of 1.35; and
283	283	(2) $50 for each of the following in which the student
284	284	is enrolled:
285	285	(A) two or more advanced career and technology
286	286	education classes for a total of three or more credits;
287	287	(B) a campus designated as a P-TECH school under
288	288	Section 29.556; or
289	289	(C) a campus that is a member of the New Tech
290	290	Network and that focuses on project-based learning and work-based
291	291	education.
292	292	(a-1) For each full-time equivalent student in average
293	293	daily attendance in a vocational education program operated under
294	294	Chapter 30B and authorized as a campus or campus program under a
295	295	charter granted under Subchapter C, Chapter 12, only the first 10
296	296	hours of instructional hours provided to those students under the
297	297	program each week qualify toward the district's entitlement to the
298	298	allotment under Subsection (a)(1), and the commissioner shall
299	299	proportionately reduce the amount of the entitlement accordingly to
300	300	an amount that reflects the limitation on qualified instructional
301	301	hours per week using a method adopted by the commissioner.
302	302	SECTION 3.02. Sections 48.110(f) and (h), Education Code,
303	303	are amended to read as follows:
304	304	(f) For purposes of this section, an annual graduate
305	305	demonstrates:
306	306	(1) college readiness if the annual graduate:
307	307	(A) achieves college readiness standards used
308	308	for accountability purposes under Chapter 39 on the ACT, the SAT, or
309	309	an assessment instrument designated by the Texas Higher Education
310	310	Coordinating Board under Section 51.334; and
311	311	(B) during a time period established by
312	312	commissioner rule, enrolls at a postsecondary educational
313	313	institution;
314	314	(2) career readiness if:
315	315	(A) the annual graduate:
316	316	(i) [(A)] achieves college readiness
317	317	standards used for accountability purposes under Chapter 39 on the
318	318	ACT, the SAT, or an assessment instrument designated by the Texas
319	319	Higher Education Coordinating Board under Section 51.334; and
320	320	(ii) [(B)] during a time period established
321	321	by commissioner rule, earns an industry-accepted certificate; or
322	322	(B) the annual graduate earns an
323	323	industry-recognized license, credential, or certificate under a
324	324	vocational education program under Chapter 30B; and
325	325	(3) military readiness if the annual graduate:
326	326	(A) achieves a passing score set by the
327	327	applicable military branch on the Armed Services Vocational
328	328	Aptitude Battery; and
329	329	(B) during a time period established by
330	330	commissioner rule, enlists in the armed forces of the United
331	331	States.
332	332	(h) On application by a school district, the commissioner
333	333	may allow annual graduates from the district to satisfy the
334	334	requirement for demonstrating career readiness under Subsection
335	335	(f)(2)(A)(ii) [(f)(2)(B)] by successfully completing a coherent
336	336	sequence of courses required to obtain an industry-accepted
337	337	certificate. The district must demonstrate in the application that
338	338	the district is unable to provide sufficient courses or programs to
339	339	enable students enrolled at the district to earn an
340	340	industry-accepted certificate within the time period established
341	341	by the commissioner under Subsection (f)(2)(A)(ii) [(f)(2)(B)].
342	342	The commissioner by rule shall provide the criteria required for an
343	343	application under this subsection.
344	344	ARTICLE 4. TRANSITION; EFFECTIVE DATE
345	345	SECTION 4.01. This Act applies beginning with the 2021-2022
346	346	school year.
347	347	SECTION 4.02. This Act takes effect immediately if it
348	348	receives a vote of two-thirds of all the members elected to each
349	349	house, as provided by Section 39, Article III, Texas Constitution.
350	350	If this Act does not receive the vote necessary for immediate
351	351	effect, this Act takes effect September 1, 2021.