88R25712 DIO-F
By: Gates, Harris of Anderson, Burrows, H.B. No. 2615
Canales, Allen, et al.
Substitute the following for H.B. No. 2615:
By: Buckley C.S.H.B. No. 2615
A BILL TO BE ENTITLED
AN ACT
relating to the operation by a school district of a foundation and
trade diploma program to provide eligible high school students with
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. FOUNDATION AND TRADE DIPLOMA PROGRAMS
SECTION 1.01. Subtitle F, Title 2, Education Code, is
amended by adding Chapter 30B to read as follows:
CHAPTER 30B. FOUNDATION AND TRADE DIPLOMA PROGRAMS
Sec. 30B.001. DEFINITION. In this chapter, "board" means
the State Board of Education.
Sec. 30B.002. PURPOSE. The purpose of a foundation and
trade diploma program operated under this chapter and authorized as
a campus or campus program under Subchapter C, Chapter 12, is to
provide public education to high school students:
(1) whose educational needs are better served by
tailored education and training; and
(2) for whom a P-TECH program established under
Subchapter N, Chapter 29, is not academically appropriate or would
not provide adequate opportunities.
Sec. 30B.003. FOUNDATION AND TRADE DIPLOMA PROGRAM. (a)
Each foundation and trade diploma program authorized under
Subchapter C, Chapter 12, and operating under this chapter shall
offer students who reside in the district a program that is:
(1) aligned with mathematics, English language, and
other skills and content adequate for the foundation and trade
diploma program, including essential knowledge and skills in
English language arts, mathematics, science, and social studies;
(2) designed to allow students to satisfy requirements
related to:
(A) industry-recognized credentials and
certificates included in the inventory required by Section 312.003,
Labor Code; or
(B) industry-defined and industry-recognized
skill standards developed under Section 2308.109, Government Code;
and
(3) tailored to serve as an entry point to high-wage
and high-growth jobs and industries as determined by the agency.
(a-1) In determining high-wage and high-growth jobs and
industries under Subsection (a)(3), the agency shall consider:
(1) the average salary or wages and available work
opportunities for the applicable career, based on valid and
reliable data; and
(2) to the extent feasible, the variety of
opportunities available to foundation and trade diploma students.
(b) The board shall require the successful completion of 24
credits, as provided by Subsection (c), for graduation and the
issuance of a foundation and trade diploma under Section 30B.004.
(c) Before the issuance to a student of a foundation and
trade diploma, the board shall require the successful completion
of:
(1) one credit in English I;
(2) one credit in English II;
(3) one credit in Algebra I;
(4) one additional mathematics credit;
(5) one credit in biology;
(6) one additional science credit;
(7) one credit in United States history;
(8) one credit in a course providing instruction
regarding the relationship between business and the federal
government;
(9) one credit in physical education;
(10) one credit in a language course in a language
other than English;
(11) one credit in fine arts;
(12) one credit in a course that provides instruction
in basic knowledge and skills necessary to successfully run an
independent business;
(13) one credit in a course that provides instruction
in basic knowledge and skills necessary to develop
entrepreneurship;
(14) one credit in a course that provides instruction
regarding financial education;
(15) nine credits in career and technical education
courses related to industry-defined and industry-recognized skill
standards developed under Section 2308.109, Government Code; and
(16) one credit for an internship of no less than 120
hours in a job or industry approved by the board.
(d) In providing curriculum requirements described by
Subsection (c)(15) the board may only require career and technical
education courses in:
(1) computer programming and software development;
(2) cybersecurity;
(3) plumbing and pipefitting;
(4) electricity;
(5) welding;
(6) diesel and heavy equipment;
(7) aviation maintenance;
(8) applied agricultural engineering;
(9) heating, ventilation, and air conditioning;
(10) property management; and
(11) residential construction.
(e) In providing the curriculum requirements under
Subsection (c), the board may not require curriculum based on
essential knowledge and skills identified for a course of
instruction intended for students enrolled in a P-TECH program
established under Subchapter N, Chapter 29. The curriculum
requirements under Subsection (c) may only be based on essential
knowledge and skills identified by the board and described by
Subsection (a)(1).
(f) The board by rule shall provide curriculum standards for
the courses described by Subsection (c). The agency shall provide
support to the board in establishing curriculum requirements under
that subsection.
(g) In offering a foundation and trade diploma 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 training under a certificate program or an associate degree
program.
(h) 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 foundation and
trade diploma program and receiving academic or technical education
or training from a college or institution under a partnership
entered into under Subsection (g).
Sec. 30B.004. FOUNDATION AND TRADE HIGH SCHOOL DIPLOMA.
Notwithstanding any other law, agency rule, or school district
policy, a student enrolled in a district's foundation and trade
diploma program is entitled to receive a high school diploma from
the district if the student:
(1) successfully completes the required curriculum
established by the board under Section 30B.003;
(2) satisfies any other high school graduation
requirements provided by commissioner rule for students obtaining a
high school diploma under the district's foundation and trade
diploma program; and
(3) either:
(A) achieves satisfactory performance on each
end-of-course assessment instrument administered to the student
under Section 39.023(c); or
(B) is determined to be qualified to graduate by
the student's individual graduation committee established under
Section 28.0258 for the student by the district operating the
foundation and trade diploma program.
Sec. 30B.005. ENROLLMENT ELIGIBILITY. A student is
eligible to enroll in a school district's foundation and trade
diploma 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 foundation and trade diploma 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 foundation
and trade diploma 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 foundation and trade
diploma 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 foundation and trade diploma 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 foundation and
trade diploma 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
foundation and trade diploma 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 foundation and trade
diploma program to earn an industry-recognized license,
credential, or certificate.
(b) A student enrolled in a district's foundation and trade
diploma program shall be administered the end-of-course assessment
for each secondary level course in which the student enrolls that is
listed in Section 39.023(c), as provided by that section.
(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. REIMBURSEMENT FOR CERTAIN EXAMS. (a)
Subject to Subsection (b), a student enrolled in a school
district's foundation and trade diploma program is entitled to
reimbursement from the district for the cost paid by the student for
an exam administered under Section 30B.007 that qualifies the
student for an industry-recognized license, credential, or
certificate.
(b) A student may receive reimbursement under this section
for the cost paid for one examination in each school year.
Sec. 30B.009. ACHIEVEMENT INDICATORS. (a) The
commissioner shall adopt a set of achievement indicators for school
district students enrolled in a district's foundation and trade
diploma 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 foundation and trade
diploma 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 foundation and trade diploma
programs and students who enroll in those programs.
(c) Each school district that operates a foundation and
trade diploma program under this chapter shall submit to the
commissioner all relevant information the commissioner determines
necessary to evaluate the district's foundation and trade diploma
program based on the achievement indicators adopted under this
section.
(c-1) Each year, the commissioner shall determine for each
foundation and trade diploma program operated under this chapter a
cohort to evaluate the implementation and effectiveness of the
foundation and trade diploma program.
(d) The commissioner shall annually publish a report on the
performance of foundation and trade diploma programs operated under
this chapter based on the achievement indicators and the evaluation
of the cohorts established under Subsection (c-1).
Sec. 30B.010. MINIMUM INSTRUCTOR QUALIFICATIONS. (a) A
person employed by a school district as a foundation and trade
diploma program instructor 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 foundation
and trade diploma program instructor 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 foundation and trade diploma 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) To
ensure students have sufficient opportunities to participate in
apprenticeship training programs and other workplace-based
education, a school district operating a foundation and trade
diploma program under this chapter may partner with:
(1) private sector businesses; and
(2) institutions of higher education that offer
workforce development training programs that culminate in the
attainment of an industry-recognized certification upon
satisfactory completion, including Texas State Technical College.
(b) A partnership under Subsection (a) may allow for the use
of the partnering entity's facilities for purposes of a foundation
and trade diploma program operated under this chapter.
(c) A school district may sponsor apprenticeship training
programs under Chapter 133 for students enrolled in the district's
foundation and trade diploma program.
Sec. 30B.013. LIMITATION ON CAREER AND TECHNOLOGY EDUCATION
ALLOTMENT. For each student enrolled in a school district's
foundation and trade diploma 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 for a campus
designated as a P-TECH school, in accordance with Subsection (a-1)
of that section.
Sec. 30B.0131. APPLICATION TO CERTAIN GRANT PROGRAM. (a) A
school district operating a foundation and trade diploma program
under this chapter may apply to the grant program established under
Section 29.556 in the same manner a school district that implements
or seeks to implement a P-TECH program may apply to the grant
program under that section.
(b) Funds obtained under Subsection (a) may only be used for
the purposes described by Section 30B.003(h).
Sec. 30B.014. STUDY ON IMPLEMENTATION AND EFFECTIVENESS OF
FOUNDATION AND TRADE DIPLOMA PROGRAMS. (a) The board shall conduct
an annual study on the implementation and effectiveness of
foundation and trade diploma programs operated under this chapter.
(b) Not later than December 31 of each year, the board shall
submit to the legislature and the special committee established
under Section 30B.015 a report on the results of the study and any
recommendations for legislative or other action.
(c) The agency shall provide support to the board in
conducting the study under Subsection (a).
Sec. 30B.015. LEGISLATIVE OVERSIGHT COMMITTEE. (a) The
legislative oversight committee on foundation and trade diploma
programs is composed of six members as follows:
(1) three members of the senate appointed by the
lieutenant governor; and
(2) three members of the house of representatives
appointed by the speaker of the house of representatives.
(b) The committee shall:
(1) meet at least twice a year; and
(2) receive the report issued under Section 30B.014
and any other information regarding the implementation and
effectiveness of the foundation and trade diploma programs operated
under this chapter, including information regarding rules relating
to foundation and trade diploma programs adopted or proposed for
adoption by the board.
(c) The committee may request reports and other information
from the agency, the board, or a school district relating to the
operation of foundation and trade diploma programs under this
chapter.
(d) The committee shall review specific recommendations for
legislation related to this chapter that are contained in the
report submitted under Section 30B.014 or that are otherwise
proposed by the agency, the board, a school district, or relevant
stakeholders.
(e) The committee shall monitor the operation of the
foundation and trade diploma programs under this chapter with
emphasis on the manner of implementation and effectiveness of the
programs to achieve the purpose described by Section 30B.002.
(f) Not later than December 31 of each even-numbered year,
the committee shall file a report with the governor, lieutenant
governor, and speaker of the house of representatives.
(g) The report under Subsection (f) must include a
description of any problems identified by the committee with
respect to the implementation and effectiveness of foundation and
trade diploma programs operated under this chapter and the
committee's recommendations regarding proposed legislative actions
to address those problems.
ARTICLE 2. OPERATION OF FOUNDATION AND TRADE DIPLOMA PROGRAM AS
CAMPUS OR CAMPUS PROGRAM
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 foundation and trade diploma program
under Chapter 30B operated as a campus or campus program under this
subchapter if the program is administered in accordance with
Chapter 30B and any applicable rules adopted by the agency or 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 foundation and
trade diploma program under Chapter 30B operated as a campus or
campus program 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 a foundation and trade diploma program under Chapter
30B operated as a campus or campus program 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 FOUNDATION AND TRADE DIPLOMA PROGRAM STUDENTS
SECTION 3.01. Section 48.106, Education Code, is amended by
amending Subsections (a) and (c) and adding Subsection (a-2) to
read as follows:
(a) Subject to Subsection (a-2), 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 an annual allotment equal to the basic
allotment, or, if applicable, the sum of the basic allotment and the
allotment under Section 48.101 to which the district is entitled,
multiplied by:
(1) 1.1 for a full-time equivalent student in career
and technology education courses not in an approved program of
study;
(2) 1.28 for a full-time equivalent student in levels
one and two career and technology education courses in an approved
program of study, as identified by the agency; and
(3) 1.47 for a full-time equivalent student in levels
three and four career and technology education courses in an
approved program of study, as identified by the agency.
(a-2) For each full-time equivalent student in average
daily attendance in a foundation and trade diploma program operated
under Chapter 30B and authorized 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.
(c) At least 65 [55] percent of the funds allocated under
this section must be used in providing career and technology
education programs in grades 7 through 12.
SECTION 3.02. Sections 48.110(b), (f), and (h), Education
Code, are amended to read as follows:
(b) For purposes of the outcomes bonus under this section,
the commissioner shall determine the threshold percentage as
provided by Subsection (g) for college, career, or military
readiness as described by Subsection (f) for each of the following
cohorts:
(1) annual graduates who are educationally
disadvantaged;
(2) annual graduates who are not educationally
disadvantaged; [and]
(3) annual graduates who are enrolled in a special
education program under Subchapter A, Chapter 29, regardless of
whether the annual graduates are educationally disadvantaged; and
(4) annual graduates who are enrolled in a foundation
and trade diploma program under Chapter 30B.
(f) For purposes of this section, an annual graduate
demonstrates:
(1) college readiness if the annual graduate:
(A) both:
(i) 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) during a time period established by
commissioner rule, enrolls at a postsecondary educational
institution; or
(B) earns an associate degree from a
postsecondary educational institution approved by the Texas Higher
Education Coordinating Board while attending high school or during
a time period established by commissioner rule;
(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
foundation and trade diploma 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
or the Texas National Guard.
(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. Not later than December 1, 2024, the
appropriate appointing authority shall appoint the members to the
legislative oversight committee on foundation and trade diploma
programs as required by Section 30B.015, Education Code, as added
by this Act.
SECTION 4.02. This Act applies beginning with the 2023-2024
school year.
SECTION 4.03. 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, 2023.