By: Gates H.B. No. 129
A BILL TO BE ENTITLED
AN ACT
relating to the operation by a school district of a vocational
education program to provide eligible high school students with
vocational and educational training under a plan for the issuance
of a high school diploma and the application of certain
student-based allotments under the public school finance system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. VOCATIONAL EDUCATION PROGRAMS
SECTION 1.01. Subtitle F, Title 2, Education Code, is
amended by adding Chapter 30B to read as follows:
CHAPTER 30B. VOCATIONAL EDUCATION PROGRAMS
Sec. 30B.001. DEFINITION. In this chapter, "board" means
the State Board of Education.
Sec. 30B.002. PURPOSE. The purpose of a vocational
education program operated under this chapter and authorized as a
campus or campus program under a charter granted under Subchapter
C, Chapter 12, is to provide public education to high school
students whose educational needs are better served by focused
vocational education and training.
Sec. 30B.003. VOCATIONAL EDUCATION PROGRAM. (a) Each
vocational education program granted a charter under Subchapter C,
Chapter 12, and operating under this chapter shall offer students
who reside in the district a program that is aligned with:
(1) industry-recognized credentials and certificates
included in the inventory required by Section 29.189; or
(2) industry-defined and industry-recognized skill
standards developed under Section 2308.109, Government Code.
(b) The board shall establish minimum curriculum
requirements for a vocational education program operated under this
chapter. In providing curriculum requirements, the board shall
require the successful completion of not more than 24 credits for
graduation and the issuance of a diploma under Section 30B.004. Not
less than 10 credits of the minimum curriculum requirements must be
credits earned in vocational education courses offered under the
program.
(c) A vocational education program may require the
completion of additional credits that are not included in the
minimum curriculum requirements established by the board, as
requirements for graduation and the issuance of a diploma under
Section 30B.004 provided that the program does not require the
successful completion of more than 24 credits.
(d) In providing the minimum curriculum requirements under
Subsection (b), the board shall require:
(1) one-half credit in a course that provides
instruction in the basic knowledge and skills necessary to:
(A) successfully run an independent business;
and
(B) develop entrepreneurship;
(2) one-half credit in a course providing instruction
regarding the relationship between business and government; and
(3) one-half credit in a course in industrial arts.
(e) The board by rule may provide curriculum standards for
the courses described by Subsection (d).
(f) The board by rule shall allow for a student to satisfy
the one-half credit requirement for a course described by:
(1) Subsection (d)(2) by earning one-half credit for a
course in government offered under the foundation high school
program; and
(2) Subsection (d)(3) by earning one-half credit for a
course in fine arts offered under the foundation high school
program.
(g) The board by rule may require that one or more courses
described by Subsection (d) or (f) provide basic instruction in
technical writing.
(h) In offering a vocational education program under this
chapter, a school district may form partnerships between the
district and public junior colleges, public technical institutes,
public state colleges, and any other public postsecondary
institutions in this state offering academic or technical education
or vocational training under a certificate program or an associate
degree program.
(i) A school district may use state funding received under
Chapter 48 that is available for the purpose to pay tuition costs
for district students enrolled in the district's vocational
education program and receiving academic or technical education or
vocational training from a college or institution under a
partnership entered into under Subsection (h).
Sec. 30B.004. VOCATIONAL HIGH SCHOOL DIPLOMA.
Notwithstanding any other law, agency rule, or school district
policy, a student who successfully completes the course
requirements for a district's vocational education program is
entitled to receive a high school diploma from the district in
accordance with commissioner rules concerning high school
graduation requirements for students obtaining a high school
diploma under a district's vocational education program.
Sec. 30B.005. ENROLLMENT ELIGIBILITY. A student is
eligible to enroll in a school district's vocational education
program if:
(1) the district has received the form indicating
informed consent for the student under Section 30B.006; and
(2) the student attends a high school campus of the
district and has completed the student's 10th grade year.
Sec. 30B.006. INFORMED CONSENT. (a) Before a student may
enroll in a school district's vocational education program, the
student and the student's parent, guardian, or other person
standing in parental relation to the student must be advised by a
school counselor concerning:
(1) specific benefits of graduating under the
foundation high school program established under Section 28.025;
(2) specific benefits of graduating under a vocational
education program with a diploma and earning industry-recognized
credentials through the program;
(3) the differences between the curriculum
requirements for obtaining a diploma under a vocational education
program and the curriculum requirements for obtaining a diploma
under the foundation high school program, including specific
foundation high school program courses that will be replaced by
vocational education program courses; and
(4) the number of additional credits that may be
required to graduate under the foundation high school program if
the student chooses to cease participation in a vocational
education program and resume participation in the foundation high
school program.
(b) After receiving the required counseling described by
Subsection (a), the student's parent, guardian, or other person
standing in parental relation to the student may provide written
permission for the student to enroll in the school district's
vocational education program, on a form adopted by the agency, to
the school counselor.
Sec. 30B.007. ASSESSMENT INSTRUMENTS. (a) A school
district may adopt and administer assessment instruments necessary
for a student enrolled in the district's vocational education
program to earn an industry-recognized license, credential, or
certificate.
(b) Notwithstanding any other law, the commissioner may not
require that a student enrolled in a district's vocational
education program be administered an assessment instrument under
Section 39.023 that is not required to be administered to the
student under federal law.
(c) The commissioner may not waive the application of
Subsection (b) under Section 7.056 or any other law. This
subsection does not prohibit the commissioner from waiving the
administration of assessment instruments otherwise required to be
administered to students under federal law, in accordance with
waiver authority granted to the commissioner by the United States
Department of Education.
Sec. 30B.008. EXAM SUBSIDY. A student enrolled in a school
district's vocational education program is entitled to an exam
subsidy for an exam administered under Section 30B.007 that
qualifies the student for an industry-recognized license,
credential, or certificate.
Sec. 30B.009. ACHIEVEMENT INDICATORS. (a) The
commissioner shall adopt a set of achievement indicators for school
district students enrolled in a district's vocational education
program based on recommendations provided by the Texas Workforce
Investment Council.
(b) The achievement indicators adopted by the commissioner
must measure outcomes for a school district's vocational education
program with respect to:
(1) preparing students for success in:
(A) achieving industry-recognized licenses,
credentials, and certificates;
(B) training in postsecondary occupational
programs; and
(C) entering the workforce;
(2) reducing outcome differentials among students
from different racial and ethnic groups and socioeconomic
backgrounds; and
(3) informing parents and employers regarding the
performance of school district vocational education programs and
students who enroll in those programs.
(c) Each school district that operates a vocational
education program under this chapter shall submit to the
commissioner all relevant information the commissioner determines
necessary to evaluate the district's vocational education program
based on the achievement indicators adopted under this section.
(d) The commissioner shall annually publish a report on the
performance of vocational education programs operated under this
chapter based on the achievement indicators.
Sec. 30B.010. MINIMUM INSTRUCTOR QUALIFICATIONS. (a) A
person employed by a school district as a vocational education
instructor of a district's vocational education program must have
demonstrated subject matter expertise related to the subject
taught, including:
(1) professional work experience;
(2) formal training and education;
(3) holding a relevant, active, industry-recognized
license, credential, or certificate; or
(4) any combination of Subdivisions (1), (2), and (3).
(b) A person employed by a school district as a vocational
education instructor of a district's vocational education program
must have received at least 20 hours of classroom management
training as determined by the board of trustees of the district.
Sec. 30B.011. MEMBERSHIP IN TEACHER RETIREMENT SYSTEM OF
TEXAS. A school district employee who provides services under the
district's vocational education program and qualifies for
membership in the Teacher Retirement System of Texas shall be
covered under the system to the same extent another qualified
employee of a school district is covered.
Sec. 30B.012. BUSINESS AND INDUSTRY PARTNERSHIPS. (a) A
school district operating a vocational education program under this
chapter may partner with private sector businesses to ensure
students have sufficient opportunities to participate in
apprenticeship training programs and other workplace-based
education.
(b) A school district may sponsor apprenticeship training
programs under Chapter 133 for students enrolled in the district's
vocational education program.
Sec. 30B.013. LIMITATION ON CAREER AND TECHNOLOGY EDUCATION
ALLOTMENT. For each student enrolled in a school district's
vocational education program, the district's entitlement to the
career and technology education allotment under Section 48.106 is
limited to the amount determined by the commissioner in accordance
with Subsection (a-1) of that section.
ARTICLE 2. OPERATION OF VOCATIONAL EDUCATION PROGRAM AS CAMPUS OR
CAMPUS PROGRAM CHARTER
SECTION 2.01. Section 12.056, Education Code, is amended by
adding Subsection (c) to read as follows:
(c) Notwithstanding Subsection (b), requirements related to
high school graduation under Section 28.025 do not apply to the
issuance of a diploma under a vocational education program under
Chapter 30B operated as a campus or campus program under a charter
granted under this subchapter if the program is administered in
accordance with Chapter 30B and any applicable rules adopted by the
State Board of Education under that chapter.
SECTION 2.02. Section 28.016(b), Education Code, is amended
to read as follows:
(b) The instruction must include information regarding:
(1) the creation of a high school personal graduation
plan under Section 28.02121;
(2) the distinguished level of achievement described
by Section 28.025(b-15);
(3) each endorsement described by Section
28.025(c-1);
(4) college readiness standards; [and]
(5) potential career choices and the education needed
to enter those careers; and
(6) programs of study offered through a vocational
education program under Chapter 30B operated as a campus or campus
program under a charter granted under Subchapter C, Chapter 12.
SECTION 2.03. Section 29.182(b), Education Code, is amended
to read as follows:
(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;
(3) career and technology education is established as
a part of the total education system of this state and constitutes
an option for student learning that provides a rigorous course of
study consistent with the required curriculum under Section 28.002
and under which a student may receive specific education in a career
and technology program that:
(A) incorporates competencies leading to
academic and technical skill attainment;
(B) leads to:
(i) an industry-recognized license,
credential, or certificate; or
(ii) at the postsecondary level, an
associate or baccalaureate degree;
(C) includes opportunities for students to earn
college credit for coursework; [and]
(D) includes, as an integral part of the program,
participation by students and teachers in activities of career and
technical student organizations supported by the agency and the
State Board of Education; and
(E) includes the opportunity for students to
participate in focused vocational education through a vocational
education program under Chapter 30B operated as a campus or campus
program under a charter granted under Subchapter C, Chapter 12; and
(4) a school district provides, to the greatest extent
possible, to a student participating in a career and technology
education program opportunities to enroll in dual credit courses
designed to lead to a degree, license, or certification as part of
the program.
ARTICLE 3. APPLICATION OF CERTAIN STUDENT-BASED ALLOTMENTS
REGARDING VOCATIONAL EDUCATION PROGRAM STUDENTS
SECTION 3.01. Section 48.106, Education Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) Subject to Subsection (a-1), for [For] each full-time
equivalent student in average daily attendance in an approved
career and technology education program in grades 7 through 12, a
district is entitled to:
(1) an annual allotment equal to the basic allotment
multiplied by a weight of 1.35; and
(2) $50 for each of the following in which the student
is enrolled:
(A) two or more advanced career and technology
education classes for a total of three or more credits;
(B) a campus designated as a P-TECH school under
Section 29.556; or
(C) a campus that is a member of the New Tech
Network and that focuses on project-based learning and work-based
education.
(a-1) For each full-time equivalent student in average
daily attendance in a vocational education program operated under
Chapter 30B and authorized as a campus or campus program under a
charter granted under Subchapter C, Chapter 12, only the first 10
hours of instructional hours provided to those students under the
program each week qualify toward the district's entitlement to the
allotment under Subsection (a)(1), and the commissioner shall
proportionately reduce the amount of the entitlement accordingly to
an amount that reflects the limitation on qualified instructional
hours per week using a method adopted by the commissioner.
SECTION 3.02. Sections 48.110(f) and (h), Education Code,
are amended to read as follows:
(f) For purposes of this section, an annual graduate
demonstrates:
(1) college readiness if the annual graduate:
(A) achieves college readiness standards used
for accountability purposes under Chapter 39 on the ACT, the SAT, or
an assessment instrument designated by the Texas Higher Education
Coordinating Board under Section 51.334; and
(B) during a time period established by
commissioner rule, enrolls at a postsecondary educational
institution;
(2) career readiness if:
(A) the annual graduate:
(i) [(A)] achieves college readiness
standards used for accountability purposes under Chapter 39 on the
ACT, the SAT, or an assessment instrument designated by the Texas
Higher Education Coordinating Board under Section 51.334; and
(ii) [(B)] during a time period established
by commissioner rule, earns an industry-accepted certificate; or
(B) the annual graduate earns an
industry-recognized license, credential, or certificate under a
vocational education program under Chapter 30B; and
(3) military readiness if the annual graduate:
(A) achieves a passing score set by the
applicable military branch on the Armed Services Vocational
Aptitude Battery; and
(B) during a time period established by
commissioner rule, enlists in the armed forces of the United
States.
(h) On application by a school district, the commissioner
may allow annual graduates from the district to satisfy the
requirement for demonstrating career readiness under Subsection
(f)(2)(A)(ii) [(f)(2)(B)] by successfully completing a coherent
sequence of courses required to obtain an industry-accepted
certificate. The district must demonstrate in the application that
the district is unable to provide sufficient courses or programs to
enable students enrolled at the district to earn an
industry-accepted certificate within the time period established
by the commissioner under Subsection (f)(2)(A)(ii) [(f)(2)(B)].
The commissioner by rule shall provide the criteria required for an
application under this subsection.
ARTICLE 4. TRANSITION; EFFECTIVE DATE
SECTION 4.01. This Act applies beginning with the 2022-2023
school year.
SECTION 4.02. 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 on the 91st day after the last day of
the legislative session.