BILL ANALYSIS

C.S.H.B. 2615

By: Gates

Public Education

Committee Report (Substituted)

BACKGROUND AND PURPOSE

A campus or campus program charter school with a focused course of study involving work and skills training could enable high school students to gain skills and credentials they need to enter technical professions like plumbing, welding, construction, and electrical work. C.S.H.B. 2615 seeks to provide this by establishing standards and procedures by which a school district could establish a foundation and trade diploma program for high school students whose educational needs could be better served by tailored education and training.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly granted to the State Board of Education in SECTION 1.01 of this bill.

ANALYSIS

C.S.H.B. 2615 amends the Education Code to establish a foundation and trade diploma program for the purpose of providing public education to high school students whose educational needs are better served by tailored education and training and for whom a P-TECH program is not academically appropriate or would not provide adequate opportunities. The bill requires each foundation and trade diploma program to meet the following requirements:

· be aligned with mathematics, English language, and other skills and content adequate for the program, including essential knowledge and skills in English language arts, mathematics, science, and social studies;

· be designed to allow students to satisfy requirements related to:

o industry-recognized credentials and certificates included in the inventory developed by the industry-based certification advisory council for purposes of high school career and technology education programs; or

o industry-defined and industry-recognized skill standards developed by the Texas Workforce Investment Council under the Workforce Investment Act; and

· be tailored to serve as an entry point to high-wage and high-growth jobs and industries as determined by the Texas Education Agency (TEA).

The bill requires TEA, in determining those high-wage and high-growth jobs and industries, to consider the average salary or wages and available work opportunities for the applicable career, based on valid and reliable data and, to the extent feasible, the variety of opportunities available to foundation and trade diploma students.

C.S.H.B. 2615 requires the State Board of Education (SBOE) to require the successful completion of 24 credits for graduation and the issuance of a foundation and trade diploma. The required credits must include the following:

· one credit in English I;

· one credit in English II;

· one credit in Algebra I;

· one additional mathematics credit;

· one credit in biology;

· one additional science credit;

· one credit in United States history;

· one credit in a course providing instruction regarding the relationship between business and the federal government;

· one credit in physical education;

· one credit in a language course in a language other than English;

· one credit in fine arts;

· one credit in a course that provides instruction in basic knowledge and skills necessary to successfully run an independent business;

· one credit in a course that provides instruction in basic knowledge and skills necessary to develop entrepreneurship;

· one credit in a course that provides instruction regarding financial education;

· nine credits in career and technical education courses related to industry-defined and industry-recognized skill standards; and

· one credit for an internship of no less than 120 hours in a job or industry approved by the SBOE.

With respect to the career and technical education courses required as part of the program's curriculum, the bill provides that the SBOE may require courses only in the following subjects:

· computer programming and software development;

· cybersecurity;

· plumbing and pipefitting;

· electricity;

· welding;

· diesel and heavy equipment;

· aviation maintenance;

· applied agricultural engineering;

· heating, ventilation, and air conditioning;

· property management; and

· residential construction.

C.S.H.B. 2615 prohibits the SBOE from requiring curriculum based on essential knowledge and skills identified for a course of instruction intended for students enrolled in a P-TECH program and establishes that the curriculum requirements for a foundation and trade diploma program may only be based on essential knowledge and skills identified by the SBOE and provided by the bill. The bill requires the SBOE by rule to provide curriculum standards for the program's courses and requires TEA to provide support to the SBOE in establishing the curriculum requirements.

Before a student may enroll in a foundation and trade diploma program, a school counselor is required to advise the student and the student's parent, guardian, or other person standing in parental relation to the student concerning the benefits of and curriculum differences between the foundation and trade diploma program and the foundation high school program, including any additional credits that may be required to graduate under the foundation high school program if the student resumes participation in the foundation high school program. The bill provides that, after receiving the required counseling, a student's parent, guardian, or other person standing in parental relation to the student may provide written permission to enroll in the foundation and trade diploma program to the school counselor on a form adopted by TEA. The bill makes a student eligible to enroll in a district's foundation and trade diploma program if the student attends a district high school campus and has completed the 10th grade year and the district has received the permission form for the student. The bill entitles a student enrolled in a district's foundation and trade diploma program to receive a high school diploma from the district if the student:

· successfully completes the required curriculum;

· satisfies any other high school graduation requirements provided for students obtaining a high school diploma under the program; and

· either achieves satisfactory performance on each end-of-course test or is determined to be qualified to graduate by the student's individual graduation committee.

The bill exempts the issuance of a diploma under a foundation and trade diploma program operated as a campus or campus program charter from graduation requirements related to the foundation high school program if the foundation and trade diploma program is administered in accordance with the bill's provisions and with any applicable rules adopted by TEA or the SBOE.

C.S.H.B. 2615 requires the administration of end-of-course tests required for secondary‑level courses in English I, English II, Algebra I, biology, and United States history for a student enrolled in a foundation and trade diploma program. The bill prohibits the commissioner of education from waiving that requirement under any law but expressly does not prohibit the commissioner from waiving the administration of tests otherwise required under federal law in accordance with the waiver authority granted to the commissioner by the U.S. Department of Education. The bill authorizes a district to adopt and administer tests necessary for a foundation and trade diploma program student to earn an industry-recognized license, credential, or certificate. The bill entitles a student enrolled in a district's foundation and trade diploma program to a reimbursement from the district for the cost paid for one industry-recognized license, credential, or certificate examination each school year.

C.S.H.B. 2615 requires the commissioner to adopt a set of achievement indicators for students enrolled in a foundation and trade diploma program, based on recommendations provided by the Texas Workforce Investment Council. The bill requires the achievement indicators to measure outcomes for a district's foundation and trade diploma program with respect to:

· preparing students for success in:

o achieving industry-recognized licenses, credentials, and certificates;

o training in postsecondary occupational programs; and

o  entering the workforce;

· reducing outcome differentials among students from different racial and ethnic groups and socioeconomic backgrounds; and

· informing parents and employers regarding the performance of foundation and trade diploma programs and students who enroll in those programs.

The bill requires each district that operates a foundation and trade diploma program to 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. The bill requires the commissioner each year to determine for each program a cohort to evaluate the implementation and effectiveness of the program. The bill requires the commissioner to annually publish a report on the performance of foundation and trade diploma programs based on the achievement indicators and the evaluation of the cohorts.

C.S.H.B. 2615 sets out the following minimum qualifications for a person employed by a district as a foundation and trade diploma program instructor:

· appropriate subject matter expertise related to the subject taught by the instructor including:

o professional work experience;

o formal training and education;

o a relevant, active, industry-recognized license, credential, or certificate; or

o any combination of those qualifications; and

· at least 20 hours of classroom management training as determined by the district's board of trustees.

The bill requires the Teacher Retirement System of Texas (TRS) to cover, to the same extent as another qualified district employee, a district employee who provides services under a foundation and trade diploma program and qualifies for TRS membership.

C.S.H.B. 2615 authorizes a district, in offering a foundation and trade diploma program, to form partnerships between the district and any public postsecondary institutions in Texas offering academic or technical education or training under a certificate program or an associate degree program. The bill authorizes a district to use foundation school program funding available for the purpose to pay tuition costs for students receiving academic or technical education or training from a postsecondary institution under such a partnership. The bill authorizes a district operating a foundation and trade diploma program to partner with private sector businesses and institutions of higher education that offer certain workforce development training programs, including Texas State Technical College, for purposes of ensuring students have sufficient opportunities to participate in apprenticeship training programs and other workplace-based education. The bill authorizes a partnership with a private sector business or institution of higher education to allow for the use of the partnering entity's facilities for purposes of a foundation and trade diploma program. The bill authorizes a district to sponsor apprenticeship training programs for students enrolled in the district's foundation and trade diploma program.

C.S.H.B. 2615 establishes that, for each full-time equivalent student in average daily attendance in a foundation and trade diploma program 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 career and technology education allotment, calculated by multiplying the basic allotment by 1.1 for each such student or the sum of the basic allotment and the applicable small and mid-sized district allotment multiplied by 1.1 for each student, if applicable. The bill requires the commissioner to 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. The bill establishes that a district's entitlement to the additional career and technology education allotment with respect to students enrolled in the program is limited to the amount determined by the commissioner for a campus designated as a P-TECH school. The bill increases from 55 percent to 65 percent the minimum amount of funds from the allotment that must be used by each district in providing career and technology education programs in grades 7 through 12. The bill establishes that an annual graduate who earns an industry-recognized license, credential, or certificate under a foundation and trade diploma program demonstrates career readiness for purposes of the college, career, or military readiness outcomes bonus and requires the commissioner to determine the threshold percentage for college, career, or military readiness for annual graduates who are enrolled in the program for purposes of the bonus.

C.S.H.B. 2615 authorizes a district operating a foundation and trade diploma program to apply to the P-TECH school grant program in the same manner as a district that implements or seeks to implement a P-TECH program but limits the use of funds obtained through the grant program to paying tuition costs for students enrolled in the district's foundation and trade diploma program who are receiving academic or technical education or training from a college or public postsecondary institution under a partnership.

C.S.H.B. 2615 requires the SBOE to conduct an annual study on the implementation and effectiveness of foundation and trade diploma programs and requires TEA to provide support to the SBOE in conducting the study. The bill requires the SBOE, not later than December 31 of each year, to submit a report on the results of the study and any recommendations for legislative or other action to the legislature and a legislative oversight committee established by the bill. The committee is composed of three members of the senate appointed by the lieutenant governor and three members of the house of representatives appointed by the speaker of the house of representatives, all of whom must be appointed not later than December 1, 2024. The bill requires the committee to do the following:

· meet twice a year and receive the report from the SBOE and any other information regarding the implementation and effectiveness of foundation and trade diploma programs;

· review specific recommendations for legislation that are contained in the report or that are otherwise proposed by TEA, the SBOE, a public school district, or relevant stakeholders;

· monitor the operation of the foundation and trade diploma programs with emphasis on the manner of implementation and effectiveness of the programs to achieve the purposes set out by the bill for the programs; and

· file a report with the governor, lieutenant governor, and speaker of the house of representatives not later than December 31 of each even-numbered year.

The bill authorizes the committee to request reports and other information from TEA, the SBOE, or a district relating to the operation of foundation and trade diploma programs. The bill requires the report submitted by the committee to the applicable individuals to include a description of any problems identified by the committee with respect to the implementation and effectiveness of foundation and trade diploma programs and the committee's recommendations regarding proposed legislative actions to address those problems.

C.S.H.B. 2615 includes information regarding programs of study offered through a foundation and trade diploma program operated as a campus or campus program charter among the information for instruction on high school, college, and career preparation that must be provided to students in grades seven or eight. The bill requires the state plan for career and technology education to include procedures designed to ensure that the opportunity for students to participate in foundation and trade diploma program is a component of statewide career and technology education.

C.S.H.B. 2615 applies beginning with the 2023-2024 school year.      

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2023.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 2615 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The substitute changes the name of the program established by the bill from a vocational education program, as in the introduced, to a foundation and trade diploma program and updates all references to the program throughout the bill. Whereas the introduced included a requirement for each vocational education program to offer a program that is aligned with essential knowledge and skills for vocational education developed by the SBOE, the substitute does not include this requirement.

While both the introduced and the substitute require the program to offer students who reside in the district a program that is tailored to serve as an entry point to high-wage and high-growth jobs and industries, the substitute changes the entity that determines those high-wage and high-growth jobs and industries from the SBOE with the assistance of TWC, as in the introduced, to TEA. The substitute includes a requirement not present in the introduced for TEA, in determining those jobs and industries, to consider the average salary or wages and available work for the applicable career, based on valid and reliable data, and to the extent feasible, the variety of opportunities available to foundation and trade diploma students.

The substitute does not include the following provisions present in the introduced:

· the requirement for the SBOE to establish minimum curriculum requirements for a program;

· the requirement for not fewer than 10 credits of the minimum curriculum requirements to be credits earned in certain courses offered under the program; and

· the authorization for a program to require the completion of additional credits that are not included in the minimum curriculum requirements.

With respect to the curriculum of which the SBOE must require the successful completion for a student to graduate, the substitute includes the following courses not in the introduced:

· one credit in English II;

· one additional mathematics credit;

· one credit in biology;

· one additional science credit;

· one credit in United States history;

· one credit in physical education;

· one credit in language course in a language other than English;

· one credit in fine arts;

· one credit in a course that provides instruction regarding financial education;

· nine credits in career and technical education courses related to industry-defined and industry-recognized skills standards; and

· one credit for an internship of no less than 120 hours in a job or industry approved by the SBOE.

The substitute includes a provision not in the introduced that establishes that the SBOE, in providing curriculum requirements for the career and technical education courses, may only require courses in specified subjects.

Whereas the introduced required the SBOE to require one credit in a course that provides instruction in the basic knowledge and skills necessary to successfully run an independent business and develop entrepreneurship, the substitute requires the SBOE to require one credit in a course that provides instruction in basic knowledge and skills necessary to successfully run an independent business and one credit in a course that provides instruction in basic knowledge and skills necessary to develop entrepreneurship.

Whereas the introduced required the SBOE to require one-half credit in a course providing instruction regarding the relationship between business and government, the substitute requires the SBOE to require one credit in providing instruction regarding the relationship between business and the federal government.

The substitute does not include the requirement from the introduced for the SBOE to require one-half credit in a course in industrial arts. 

The substitute does not include the following provisions from the introduced:

· the requirement for the SBOE to allow by rule for a student to satisfy credit requirements for certain courses by earning credits under the foundation high school program; and

· the authorization for the SBOE to require by rule that one or more courses provide basic instruction in technical writing.

The substitute does not include the prohibition from the introduced against the administration of a test to a student enrolled in the program that is not required to be administered under federal law.

While both the introduced and substitute authorize a district operating a program to partner with private sector business for apprenticeship training programs and other workplace-based education, the substitute includes an authorization for districts to also partner with institutions of higher education that offer certain workforce development training programs. The substitute includes an authorization not in the introduced for such a partnership to allow for the use of the partnering entity's facilities for purposes of a program.

The substitute includes an authorization not in the introduced for a district to apply to the P‑TECH grant program in the same manner as a district that implements or seeks to implement a P-TECH program.

While both the introduced and substitute exempt the issuance of a diploma under a program established by the bill operated as a campus or campus program charter from graduation requirements related to the foundation high school program if the program established by the bill is administered in accordance with the bill's provisions and with any applicable rules adopted the SBOE, the substitute includes applicable rules adopted by TEA among the rules with which the program must be accordingly administered.