Texas 2023 - 88th Regular

Texas House Bill HB2615 Compare Versions

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11 88R25712 DIO-F
22 By: Gates, Harris of Anderson, Burrows, H.B. No. 2615
33 Canales, Allen, et al.
44 Substitute the following for H.B. No. 2615:
55 By: Buckley C.S.H.B. No. 2615
66
77
88 A BILL TO BE ENTITLED
99 AN ACT
1010 relating to the operation by a school district of a foundation and
1111 trade diploma program to provide eligible high school students with
1212 educational training under a plan for the issuance of a high school
1313 diploma and the application of certain student-based allotments
1414 under the public school finance system.
1515 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1616 ARTICLE 1. FOUNDATION AND TRADE DIPLOMA PROGRAMS
1717 SECTION 1.01. Subtitle F, Title 2, Education Code, is
1818 amended by adding Chapter 30B to read as follows:
1919 CHAPTER 30B. FOUNDATION AND TRADE DIPLOMA PROGRAMS
2020 Sec. 30B.001. DEFINITION. In this chapter, "board" means
2121 the State Board of Education.
2222 Sec. 30B.002. PURPOSE. The purpose of a foundation and
2323 trade diploma program operated under this chapter and authorized as
2424 a campus or campus program under Subchapter C, Chapter 12, is to
2525 provide public education to high school students:
2626 (1) whose educational needs are better served by
2727 tailored education and training; and
2828 (2) for whom a P-TECH program established under
2929 Subchapter N, Chapter 29, is not academically appropriate or would
3030 not provide adequate opportunities.
3131 Sec. 30B.003. FOUNDATION AND TRADE DIPLOMA PROGRAM. (a)
3232 Each foundation and trade diploma program authorized under
3333 Subchapter C, Chapter 12, and operating under this chapter shall
3434 offer students who reside in the district a program that is:
3535 (1) aligned with mathematics, English language, and
3636 other skills and content adequate for the foundation and trade
3737 diploma program, including essential knowledge and skills in
3838 English language arts, mathematics, science, and social studies;
3939 (2) designed to allow students to satisfy requirements
4040 related to:
4141 (A) industry-recognized credentials and
4242 certificates included in the inventory required by Section 312.003,
4343 Labor Code; or
4444 (B) industry-defined and industry-recognized
4545 skill standards developed under Section 2308.109, Government Code;
4646 and
4747 (3) tailored to serve as an entry point to high-wage
4848 and high-growth jobs and industries as determined by the agency.
4949 (a-1) In determining high-wage and high-growth jobs and
5050 industries under Subsection (a)(3), the agency shall consider:
5151 (1) the average salary or wages and available work
5252 opportunities for the applicable career, based on valid and
5353 reliable data; and
5454 (2) to the extent feasible, the variety of
5555 opportunities available to foundation and trade diploma students.
5656 (b) The board shall require the successful completion of 24
5757 credits, as provided by Subsection (c), for graduation and the
5858 issuance of a foundation and trade diploma under Section 30B.004.
5959 (c) Before the issuance to a student of a foundation and
6060 trade diploma, the board shall require the successful completion
6161 of:
6262 (1) one credit in English I;
6363 (2) one credit in English II;
6464 (3) one credit in Algebra I;
6565 (4) one additional mathematics credit;
6666 (5) one credit in biology;
6767 (6) one additional science credit;
6868 (7) one credit in United States history;
6969 (8) one credit in a course providing instruction
7070 regarding the relationship between business and the federal
7171 government;
7272 (9) one credit in physical education;
7373 (10) one credit in a language course in a language
7474 other than English;
7575 (11) one credit in fine arts;
7676 (12) one credit in a course that provides instruction
7777 in basic knowledge and skills necessary to successfully run an
7878 independent business;
7979 (13) one credit in a course that provides instruction
8080 in basic knowledge and skills necessary to develop
8181 entrepreneurship;
8282 (14) one credit in a course that provides instruction
8383 regarding financial education;
8484 (15) nine credits in career and technical education
8585 courses related to industry-defined and industry-recognized skill
8686 standards developed under Section 2308.109, Government Code; and
8787 (16) one credit for an internship of no less than 120
8888 hours in a job or industry approved by the board.
8989 (d) In providing curriculum requirements described by
9090 Subsection (c)(15) the board may only require career and technical
9191 education courses in:
9292 (1) computer programming and software development;
9393 (2) cybersecurity;
9494 (3) plumbing and pipefitting;
9595 (4) electricity;
9696 (5) welding;
9797 (6) diesel and heavy equipment;
9898 (7) aviation maintenance;
9999 (8) applied agricultural engineering;
100100 (9) heating, ventilation, and air conditioning;
101101 (10) property management; and
102102 (11) residential construction.
103103 (e) In providing the curriculum requirements under
104104 Subsection (c), the board may not require curriculum based on
105105 essential knowledge and skills identified for a course of
106106 instruction intended for students enrolled in a P-TECH program
107107 established under Subchapter N, Chapter 29. The curriculum
108108 requirements under Subsection (c) may only be based on essential
109109 knowledge and skills identified by the board and described by
110110 Subsection (a)(1).
111111 (f) The board by rule shall provide curriculum standards for
112112 the courses described by Subsection (c). The agency shall provide
113113 support to the board in establishing curriculum requirements under
114114 that subsection.
115115 (g) In offering a foundation and trade diploma program under
116116 this chapter, a school district may form partnerships between the
117117 district and public junior colleges, public technical institutes,
118118 public state colleges, and any other public postsecondary
119119 institutions in this state offering academic or technical education
120120 or training under a certificate program or an associate degree
121121 program.
122122 (h) A school district may use state funding received under
123123 Chapter 48 that is available for the purpose to pay tuition costs
124124 for district students enrolled in the district's foundation and
125125 trade diploma program and receiving academic or technical education
126126 or training from a college or institution under a partnership
127127 entered into under Subsection (g).
128128 Sec. 30B.004. FOUNDATION AND TRADE HIGH SCHOOL DIPLOMA.
129129 Notwithstanding any other law, agency rule, or school district
130130 policy, a student enrolled in a district's foundation and trade
131131 diploma program is entitled to receive a high school diploma from
132132 the district if the student:
133133 (1) successfully completes the required curriculum
134134 established by the board under Section 30B.003;
135135 (2) satisfies any other high school graduation
136136 requirements provided by commissioner rule for students obtaining a
137137 high school diploma under the district's foundation and trade
138138 diploma program; and
139139 (3) either:
140140 (A) achieves satisfactory performance on each
141141 end-of-course assessment instrument administered to the student
142142 under Section 39.023(c); or
143143 (B) is determined to be qualified to graduate by
144144 the student's individual graduation committee established under
145145 Section 28.0258 for the student by the district operating the
146146 foundation and trade diploma program.
147147 Sec. 30B.005. ENROLLMENT ELIGIBILITY. A student is
148148 eligible to enroll in a school district's foundation and trade
149149 diploma program if:
150150 (1) the district has received the form indicating
151151 informed consent for the student under Section 30B.006; and
152152 (2) the student attends a high school campus of the
153153 district and has completed the student's 10th grade year.
154154 Sec. 30B.006. INFORMED CONSENT. (a) Before a student may
155155 enroll in a school district's foundation and trade diploma program,
156156 the student and the student's parent, guardian, or other person
157157 standing in parental relation to the student must be advised by a
158158 school counselor concerning:
159159 (1) specific benefits of graduating under the
160160 foundation high school program established under Section 28.025;
161161 (2) specific benefits of graduating under a foundation
162162 and trade diploma program with a diploma and earning
163163 industry-recognized credentials through the program;
164164 (3) the differences between the curriculum
165165 requirements for obtaining a diploma under a foundation and trade
166166 diploma program and the curriculum requirements for obtaining a
167167 diploma under the foundation high school program, including
168168 specific foundation high school program courses that will be
169169 replaced by foundation and trade diploma program courses; and
170170 (4) the number of additional credits that may be
171171 required to graduate under the foundation high school program if
172172 the student chooses to cease participation in a foundation and
173173 trade diploma program and resume participation in the foundation
174174 high school program.
175175 (b) After receiving the required counseling described by
176176 Subsection (a), the student's parent, guardian, or other person
177177 standing in parental relation to the student may provide written
178178 permission for the student to enroll in the school district's
179179 foundation and trade diploma program, on a form adopted by the
180180 agency, to the school counselor.
181181 Sec. 30B.007. ASSESSMENT INSTRUMENTS. (a) A school
182182 district may adopt and administer assessment instruments necessary
183183 for a student enrolled in the district's foundation and trade
184184 diploma program to earn an industry-recognized license,
185185 credential, or certificate.
186186 (b) A student enrolled in a district's foundation and trade
187187 diploma program shall be administered the end-of-course assessment
188188 for each secondary level course in which the student enrolls that is
189189 listed in Section 39.023(c), as provided by that section.
190190 (c) The commissioner may not waive the application of
191191 Subsection (b) under Section 7.056 or any other law. This
192192 subsection does not prohibit the commissioner from waiving the
193193 administration of assessment instruments otherwise required to be
194194 administered to students under federal law in accordance with
195195 waiver authority granted to the commissioner by the United States
196196 Department of Education.
197197 Sec. 30B.008. REIMBURSEMENT FOR CERTAIN EXAMS. (a)
198198 Subject to Subsection (b), a student enrolled in a school
199199 district's foundation and trade diploma program is entitled to
200200 reimbursement from the district for the cost paid by the student for
201201 an exam administered under Section 30B.007 that qualifies the
202202 student for an industry-recognized license, credential, or
203203 certificate.
204204 (b) A student may receive reimbursement under this section
205205 for the cost paid for one examination in each school year.
206206 Sec. 30B.009. ACHIEVEMENT INDICATORS. (a) The
207207 commissioner shall adopt a set of achievement indicators for school
208208 district students enrolled in a district's foundation and trade
209209 diploma program based on recommendations provided by the Texas
210210 Workforce Investment Council.
211211 (b) The achievement indicators adopted by the commissioner
212212 must measure outcomes for a school district's foundation and trade
213213 diploma program with respect to:
214214 (1) preparing students for success in:
215215 (A) achieving industry-recognized licenses,
216216 credentials, and certificates;
217217 (B) training in postsecondary occupational
218218 programs; and
219219 (C) entering the workforce;
220220 (2) reducing outcome differentials among students
221221 from different racial and ethnic groups and socioeconomic
222222 backgrounds; and
223223 (3) informing parents and employers regarding the
224224 performance of school district foundation and trade diploma
225225 programs and students who enroll in those programs.
226226 (c) Each school district that operates a foundation and
227227 trade diploma program under this chapter shall submit to the
228228 commissioner all relevant information the commissioner determines
229229 necessary to evaluate the district's foundation and trade diploma
230230 program based on the achievement indicators adopted under this
231231 section.
232232 (c-1) Each year, the commissioner shall determine for each
233233 foundation and trade diploma program operated under this chapter a
234234 cohort to evaluate the implementation and effectiveness of the
235235 foundation and trade diploma program.
236236 (d) The commissioner shall annually publish a report on the
237237 performance of foundation and trade diploma programs operated under
238238 this chapter based on the achievement indicators and the evaluation
239239 of the cohorts established under Subsection (c-1).
240240 Sec. 30B.010. MINIMUM INSTRUCTOR QUALIFICATIONS. (a) A
241241 person employed by a school district as a foundation and trade
242242 diploma program instructor must have demonstrated subject matter
243243 expertise related to the subject taught, including:
244244 (1) professional work experience;
245245 (2) formal training and education;
246246 (3) holding a relevant, active, industry-recognized
247247 license, credential, or certificate; or
248248 (4) any combination of Subdivisions (1), (2), and (3).
249249 (b) A person employed by a school district as a foundation
250250 and trade diploma program instructor must have received at least 20
251251 hours of classroom management training as determined by the board
252252 of trustees of the district.
253253 Sec. 30B.011. MEMBERSHIP IN TEACHER RETIREMENT SYSTEM OF
254254 TEXAS. A school district employee who provides services under the
255255 district's foundation and trade diploma program and qualifies for
256256 membership in the Teacher Retirement System of Texas shall be
257257 covered under the system to the same extent another qualified
258258 employee of a school district is covered.
259259 Sec. 30B.012. BUSINESS AND INDUSTRY PARTNERSHIPS. (a) To
260260 ensure students have sufficient opportunities to participate in
261261 apprenticeship training programs and other workplace-based
262262 education, a school district operating a foundation and trade
263263 diploma program under this chapter may partner with:
264264 (1) private sector businesses; and
265265 (2) institutions of higher education that offer
266266 workforce development training programs that culminate in the
267267 attainment of an industry-recognized certification upon
268268 satisfactory completion, including Texas State Technical College.
269269 (b) A partnership under Subsection (a) may allow for the use
270270 of the partnering entity's facilities for purposes of a foundation
271271 and trade diploma program operated under this chapter.
272272 (c) A school district may sponsor apprenticeship training
273273 programs under Chapter 133 for students enrolled in the district's
274274 foundation and trade diploma program.
275275 Sec. 30B.013. LIMITATION ON CAREER AND TECHNOLOGY EDUCATION
276276 ALLOTMENT. For each student enrolled in a school district's
277277 foundation and trade diploma program, the district's entitlement to
278278 the career and technology education allotment under Section 48.106
279279 is limited to the amount determined by the commissioner for a campus
280280 designated as a P-TECH school, in accordance with Subsection (a-1)
281281 of that section.
282282 Sec. 30B.0131. APPLICATION TO CERTAIN GRANT PROGRAM. (a) A
283283 school district operating a foundation and trade diploma program
284284 under this chapter may apply to the grant program established under
285285 Section 29.556 in the same manner a school district that implements
286286 or seeks to implement a P-TECH program may apply to the grant
287287 program under that section.
288288 (b) Funds obtained under Subsection (a) may only be used for
289289 the purposes described by Section 30B.003(h).
290290 Sec. 30B.014. STUDY ON IMPLEMENTATION AND EFFECTIVENESS OF
291291 FOUNDATION AND TRADE DIPLOMA PROGRAMS. (a) The board shall conduct
292292 an annual study on the implementation and effectiveness of
293293 foundation and trade diploma programs operated under this chapter.
294294 (b) Not later than December 31 of each year, the board shall
295295 submit to the legislature and the special committee established
296296 under Section 30B.015 a report on the results of the study and any
297297 recommendations for legislative or other action.
298298 (c) The agency shall provide support to the board in
299299 conducting the study under Subsection (a).
300300 Sec. 30B.015. LEGISLATIVE OVERSIGHT COMMITTEE. (a) The
301301 legislative oversight committee on foundation and trade diploma
302302 programs is composed of six members as follows:
303303 (1) three members of the senate appointed by the
304304 lieutenant governor; and
305305 (2) three members of the house of representatives
306306 appointed by the speaker of the house of representatives.
307307 (b) The committee shall:
308308 (1) meet at least twice a year; and
309309 (2) receive the report issued under Section 30B.014
310310 and any other information regarding the implementation and
311311 effectiveness of the foundation and trade diploma programs operated
312312 under this chapter, including information regarding rules relating
313313 to foundation and trade diploma programs adopted or proposed for
314314 adoption by the board.
315315 (c) The committee may request reports and other information
316316 from the agency, the board, or a school district relating to the
317317 operation of foundation and trade diploma programs under this
318318 chapter.
319319 (d) The committee shall review specific recommendations for
320320 legislation related to this chapter that are contained in the
321321 report submitted under Section 30B.014 or that are otherwise
322322 proposed by the agency, the board, a school district, or relevant
323323 stakeholders.
324324 (e) The committee shall monitor the operation of the
325325 foundation and trade diploma programs under this chapter with
326326 emphasis on the manner of implementation and effectiveness of the
327327 programs to achieve the purpose described by Section 30B.002.
328328 (f) Not later than December 31 of each even-numbered year,
329329 the committee shall file a report with the governor, lieutenant
330330 governor, and speaker of the house of representatives.
331331 (g) The report under Subsection (f) must include a
332332 description of any problems identified by the committee with
333333 respect to the implementation and effectiveness of foundation and
334334 trade diploma programs operated under this chapter and the
335335 committee's recommendations regarding proposed legislative actions
336336 to address those problems.
337337 ARTICLE 2. OPERATION OF FOUNDATION AND TRADE DIPLOMA PROGRAM AS
338338 CAMPUS OR CAMPUS PROGRAM
339339 SECTION 2.01. Section 12.056, Education Code, is amended by
340340 adding Subsection (c) to read as follows:
341341 (c) Notwithstanding Subsection (b), requirements related to
342342 high school graduation under Section 28.025 do not apply to the
343343 issuance of a diploma under a foundation and trade diploma program
344344 under Chapter 30B operated as a campus or campus program under this
345345 subchapter if the program is administered in accordance with
346346 Chapter 30B and any applicable rules adopted by the agency or the
347347 State Board of Education under that chapter.
348348 SECTION 2.02. Section 28.016(b), Education Code, is amended
349349 to read as follows:
350350 (b) The instruction must include information regarding:
351351 (1) the creation of a high school personal graduation
352352 plan under Section 28.02121;
353353 (2) the distinguished level of achievement described
354354 by Section 28.025(b-15);
355355 (3) each endorsement described by Section
356356 28.025(c-1);
357357 (4) college readiness standards; [and]
358358 (5) potential career choices and the education needed
359359 to enter those careers; and
360360 (6) programs of study offered through a foundation and
361361 trade diploma program under Chapter 30B operated as a campus or
362362 campus program under Subchapter C, Chapter 12.
363363 SECTION 2.03. Section 29.182(b), Education Code, is amended
364364 to read as follows:
365365 (b) The state plan must include procedures designed to
366366 ensure that:
367367 (1) all secondary and postsecondary students have the
368368 opportunity to participate in career and technology education
369369 programs;
370370 (2) the state complies with requirements for
371371 supplemental federal career and technology education funding;
372372 (3) career and technology education is established as
373373 a part of the total education system of this state and constitutes
374374 an option for student learning that provides a rigorous course of
375375 study consistent with the required curriculum under Section 28.002
376376 and under which a student may receive specific education in a career
377377 and technology program that:
378378 (A) incorporates competencies leading to
379379 academic and technical skill attainment;
380380 (B) leads to:
381381 (i) an industry-recognized license,
382382 credential, or certificate; or
383383 (ii) at the postsecondary level, an
384384 associate or baccalaureate degree;
385385 (C) includes opportunities for students to earn
386386 college credit for coursework; [and]
387387 (D) includes, as an integral part of the program,
388388 participation by students and teachers in activities of career and
389389 technical student organizations supported by the agency and the
390390 State Board of Education; and
391391 (E) includes the opportunity for students to
392392 participate in a foundation and trade diploma program under Chapter
393393 30B operated as a campus or campus program under Subchapter C,
394394 Chapter 12; and
395395 (4) a school district provides, to the greatest extent
396396 possible, to a student participating in a career and technology
397397 education program opportunities to enroll in dual credit courses
398398 designed to lead to a degree, license, or certification as part of
399399 the program.
400400 ARTICLE 3. APPLICATION OF CERTAIN STUDENT-BASED ALLOTMENTS
401401 REGARDING FOUNDATION AND TRADE DIPLOMA PROGRAM STUDENTS
402402 SECTION 3.01. Section 48.106, Education Code, is amended by
403403 amending Subsections (a) and (c) and adding Subsection (a-2) to
404404 read as follows:
405405 (a) Subject to Subsection (a-2), for [For] each full-time
406406 equivalent student in average daily attendance in an approved
407407 career and technology education program in grades 7 through 12, a
408408 district is entitled to an annual allotment equal to the basic
409409 allotment, or, if applicable, the sum of the basic allotment and the
410410 allotment under Section 48.101 to which the district is entitled,
411411 multiplied by:
412412 (1) 1.1 for a full-time equivalent student in career
413413 and technology education courses not in an approved program of
414414 study;
415415 (2) 1.28 for a full-time equivalent student in levels
416416 one and two career and technology education courses in an approved
417417 program of study, as identified by the agency; and
418418 (3) 1.47 for a full-time equivalent student in levels
419419 three and four career and technology education courses in an
420420 approved program of study, as identified by the agency.
421421 (a-2) For each full-time equivalent student in average
422422 daily attendance in a foundation and trade diploma program operated
423423 under Chapter 30B and authorized under Subchapter C, Chapter 12,
424424 only the first 10 hours of instructional hours provided to those
425425 students under the program each week qualify toward the district's
426426 entitlement to the allotment under Subsection (a)(1), and the
427427 commissioner shall proportionately reduce the amount of the
428428 entitlement accordingly to an amount that reflects the limitation
429429 on qualified instructional hours per week using a method adopted by
430430 the commissioner.
431431 (c) At least 65 [55] percent of the funds allocated under
432432 this section must be used in providing career and technology
433433 education programs in grades 7 through 12.
434434 SECTION 3.02. Sections 48.110(b), (f), and (h), Education
435435 Code, are amended to read as follows:
436436 (b) For purposes of the outcomes bonus under this section,
437437 the commissioner shall determine the threshold percentage as
438438 provided by Subsection (g) for college, career, or military
439439 readiness as described by Subsection (f) for each of the following
440440 cohorts:
441441 (1) annual graduates who are educationally
442442 disadvantaged;
443443 (2) annual graduates who are not educationally
444444 disadvantaged; [and]
445445 (3) annual graduates who are enrolled in a special
446446 education program under Subchapter A, Chapter 29, regardless of
447447 whether the annual graduates are educationally disadvantaged; and
448448 (4) annual graduates who are enrolled in a foundation
449449 and trade diploma program under Chapter 30B.
450450 (f) For purposes of this section, an annual graduate
451451 demonstrates:
452452 (1) college readiness if the annual graduate:
453453 (A) both:
454454 (i) achieves college readiness standards
455455 used for accountability purposes under Chapter 39 on the ACT, the
456456 SAT, or an assessment instrument designated by the Texas Higher
457457 Education Coordinating Board under Section 51.334; and
458458 (ii) during a time period established by
459459 commissioner rule, enrolls at a postsecondary educational
460460 institution; or
461461 (B) earns an associate degree from a
462462 postsecondary educational institution approved by the Texas Higher
463463 Education Coordinating Board while attending high school or during
464464 a time period established by commissioner rule;
465465 (2) career readiness if:
466466 (A) the annual graduate:
467467 (i) [(A)] achieves college readiness
468468 standards used for accountability purposes under Chapter 39 on the
469469 ACT, the SAT, or an assessment instrument designated by the Texas
470470 Higher Education Coordinating Board under Section 51.334; and
471471 (ii) [(B)] during a time period established
472472 by commissioner rule, earns an industry-accepted certificate; or
473473 (B) the annual graduate earns an
474474 industry-recognized license, credential, or certificate under a
475475 foundation and trade diploma program under Chapter 30B; and
476476 (3) military readiness if the annual graduate:
477477 (A) achieves a passing score set by the
478478 applicable military branch on the Armed Services Vocational
479479 Aptitude Battery; and
480480 (B) during a time period established by
481481 commissioner rule, enlists in the armed forces of the United States
482482 or the Texas National Guard.
483483 (h) On application by a school district, the commissioner
484484 may allow annual graduates from the district to satisfy the
485485 requirement for demonstrating career readiness under Subsection
486486 (f)(2)(A)(ii) [(f)(2)(B)] by successfully completing a coherent
487487 sequence of courses required to obtain an industry-accepted
488488 certificate. The district must demonstrate in the application that
489489 the district is unable to provide sufficient courses or programs to
490490 enable students enrolled at the district to earn an
491491 industry-accepted certificate within the time period established
492492 by the commissioner under Subsection (f)(2)(A)(ii) [(f)(2)(B)].
493493 The commissioner by rule shall provide the criteria required for an
494494 application under this subsection.
495495 ARTICLE 4. TRANSITION; EFFECTIVE DATE
496496 SECTION 4.01. Not later than December 1, 2024, the
497497 appropriate appointing authority shall appoint the members to the
498498 legislative oversight committee on foundation and trade diploma
499499 programs as required by Section 30B.015, Education Code, as added
500500 by this Act.
501501 SECTION 4.02. This Act applies beginning with the 2023-2024
502502 school year.
503503 SECTION 4.03. This Act takes effect immediately if it
504504 receives a vote of two-thirds of all the members elected to each
505505 house, as provided by Section 39, Article III, Texas Constitution.
506506 If this Act does not receive the vote necessary for immediate
507507 effect, this Act takes effect September 1, 2023.