SRC-AXB H.B. 2401 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 2401
By: Keffer (Ellis)
Education
5/13/1999
Engrossed


DIGEST 

The Education Code allows for Career and Technology Education enrichment
curricula to be offered to promote partnerships between students and
businesses. These types of programs have been developed nationwide and many
states have incorporated youth apprenticeship and internship programs into
statute. H.B. 2401 creates provisions for the establishment of voluntary
workforce training programs for certain students, and the creation of a
regional tech-prep consortia. 

PURPOSE

As proposed, H.B. 2401 creates provisions for the establishment of
voluntary workforce training programs for certain students, and the
creation of a regional tech-prep consortia. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Title 4B, Labor Code, by adding Chapter 311, as follows:

CHAPTER 311.  VOLUNTARY WORKFORCE TRAINING FOR CERTAIN STUDENTS

Sec.  311.001.  DEFINITIONS.  Defines "agency," "certified program,"
"participant," and "sponsor." 

Sec.  311.002.  CERTIFICATION STANDARDS.  Sets forth eligibility
requirements for program certification by the Texas Education Agency (TEA). 

Sec.  311.003.  CERTIFIED PROGRAM AGREEMENTS.   Requires a certified
program to be conducted under a signed written agreement between each
participant and the employer.  Sets forth information the agreement is
authorized to include.  Prohibits a participant's time spent in a program
from exceeding 15 hours a week, without regard to renumeration.  Authorizes
a participant to enter into a postsecondary education agreement with the
employer.  Sets forth requirements of such an agreement.  Requires the
participant and employer to be refunded by a certain deadline, if a
participant does not continue in the program before beginning postsecondary
education.  Requires money to be held in trust for the benefit of the
participant under TEA rules.  Provides that payment into such a trust
satisfies the requirement of this subsection.  Requires the fund to be
specified in the agreement.  Prohibits an employer who enters into an
agreement from keeping participants from replacing current employees. 

Sec.  311.004.  RULEMAKING.   Requires TEA and the Texas Youth Commission
(TYC) to adopt rules to administer duties under this chapter.  Requires
these entities to cooperate so that all adopted rules are consistent and
easily administered.  Requires rules to include a requirement that program
participation is voluntary. 

Sec.  311.005.  COMMISSION DUTIES; LOCAL WORKFORCE DEVELOPMENT BOARDS.
Sets forth TYC requirements.  Requires a local workforce development board
(board), working with other local and regional entities, to provide
information and assistance to schools in the area the board is established. 

SECTION 2.  Amends Chapter 61, Education Code, by adding Subchapter T, as
follows: 

SUBCHAPTER T.  TECH-PREP EDUCATION

Sec.  61.851.  DEFINITIONS.  Defines "articulation agreement," "board,"
"junior college," "tech-prep consortium," and "technical college." 
 
Sec. 61.852.  TECH-PREP PROGRAM.  Describes the components of a program of
study that is a tech-prep program.  Specifies that a tech-prep consortium
is encouraged to include four years of secondary education in a tech-prep
program, notwithstanding certain conditions. 

Sec.  61.853.  REGIONAL TECH-PREP CONSORTIA:  GOVERNING BOARD; DIRECTOR;
FISCAL AGENT.  Provides that each regional tech-prep consortia is governed
by a governing board composed of private and public sector leaders in the
ratio agreed to by the consortia participants.  Authorizes a consortia to
consolidate certain entities to increase efficiency and coordination.
Requires the combined entity to maintain and comply with legal requirements
involving proper separation of funds.  Requires the governing board to
determine the policies of the tech-prep consortium in accordance with
bylaws.  Sets forth bylaw requirements.  Requires the governing board to
select a director to manage the consortium's affairs, and provides that the
director serves at the will of the governing board. Requires the governing
board to select a certain entity to act as a fiscal agent and to provide
certain services for the consortium.  Specifies that the fiscal agent
serves at the direction of the governing board and under certain terms. 

Sec.  61.854.  TECH-PREP CONSORTIUM ALLOTMENT.  Requires the Texas Higher
Education Coordinating Board (THECB) to allot certain money for regional
administration according to plans developed to meet certain goals.
Requires THECB to allot the money to tech-prep consortia in accordance with
a THECB formula, under certain conditions determined by THECB.  Requires an
eligible tech-prep consortium to submit an application on a THECB
prescribed form.  Requires the form to address a certain formula.  Requires
THECB to make a payment to the consortium's fiscal agent, if the consortium
has a completed application on file. 

Sec.  61.855.  GRANTS FOR TECH-PREP EDUCATION.  Requires THECB to award
grants to tech-prep consortia of programs, under certain conditions.  Sets
forth composition requirements of a tech-prep consortium to be eligible for
a grant.  Sets forth requirements of a tech-prep program.  Requires a
tech-prep consortium that receives a grant to use the money to develop and
operate a tech-prep program described in Subsection (c).  Sets forth
authorizations of a tech-prep program. 

Sec.  61.856.  GRANT APPLICATION.  Requires each regional tech-prep
consortium desiring a grant to submit an application to THECB in a THECB
prescribed manner.  Sets forth requirements for an application.  Requires
THECB to approve the application if it meets certain requirements.
Requires THECB to give special consideration to an application for certain
tech-prep programs.  Requires THECB to ensure that there is an equal
distribution of assistance between urban and regional consortium
participants, in the process of awarding grants. 

Sec.  61.857.  REPORT; REVIEW OF FIVE-YEAR PLAN.  Requires each regional
techprep consortium that receives a grant to prepare and submit an annual
program effectiveness report  to THECB.  Sets forth requirements of the
report.  Requires the consortium to review the plan and make necessary
changes after the second year of the five-year plan required under Section
61.856(b)(1), Labor Code. 

SECTION 3.  Amends Section 39.051(b), Education Code, to include certain
articulated postsecondary degree programs and certified workforce training
programs in a list of required  performance indicators.  Makes a conforming
change. 

SECTION 4.  (a)  Effective date:  September 1, 1999.

(b)  Provides that the validity of a workforce training program is not
affected by the change in law made by this Act. 

SECTION 5.  Emergency clause.