1-1 AN ACT
1-2 relating to the establishment of voluntary workforce training
1-3 programs for certain students.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle B, Title 4, Labor Code, is amended by
1-6 adding Chapter 311 to read as follows:
1-7 CHAPTER 311. VOLUNTARY WORKFORCE TRAINING FOR CERTAIN STUDENTS
1-8 Sec. 311.001. DEFINITIONS. In this chapter:
1-9 (1) "Agency" means the Texas Education Agency.
1-10 (2) "Certified program" means a career and technology
1-11 secondary and postsecondary education program conducted under an
1-12 agreement as described by Section 311.003 or a voluntary program
1-13 certified by the agency in conjunction with the commission as
1-14 meeting the standards prescribed by Section 311.002, and that:
1-15 (A) integrates a secondary school academic
1-16 curriculum with private sector workplace training and a
1-17 postsecondary curriculum;
1-18 (B) places students in job internships;
1-19 (C) is designed to continue into postsecondary
1-20 education and lead to the participant earning an associate's degree
1-21 or a bachelor's degree;
1-22 (D) will result in teaching new skills and
1-23 adding value to the wage-earning potential of participants and
1-24 increasing a participant's long-term employability in this state;
2-1 and
2-2 (E) meets recognized or accepted industry
2-3 standards.
2-4 (3) "Participant" means a person at least 16 years of
2-5 age who is enrolled in a public or private secondary or
2-6 postsecondary school, or an equivalent program, and who began to
2-7 voluntarily participate in a certified voluntary workforce training
2-8 program as part of secondary school education.
2-9 (4) "Sponsor" means any person operating a certified
2-10 program and in whose name the program is registered.
2-11 Sec. 311.002. CERTIFICATION STANDARDS. To be eligible for
2-12 certification by the agency under this chapter, a program must:
2-13 (1) be conducted under an organized, written plan
2-14 embodying the terms and conditions of employment, job training,
2-15 classroom instruction, and supervision of participants and be
2-16 subscribed to by a sponsor who has undertaken to carry out the
2-17 program;
2-18 (2) comply with all state and federal laws, including
2-19 laws pertaining to fair labor standards and workplace health and
2-20 safety;
2-21 (3) comply with recognized industry standards
2-22 applicable to the program in which the participant is engaged; and
2-23 (4) include an agreement by the employer to assign an
2-24 employee to serve as a mentor for the participant.
2-25 Sec. 311.003. CERTIFIED PROGRAM AGREEMENTS. (a) A
2-26 certified program must be conducted under a signed written
2-27 agreement between each participant and the employer. The agreement
3-1 may include the following:
3-2 (1) the name and signature of the participant, the
3-3 sponsor, and the employer, and a parent or guardian of the
3-4 participant if the participant is under 18 years of age;
3-5 (2) a description of the career field in which the
3-6 participant is to be trained, the academic and technical skills to
3-7 be attained, and the beginning date and duration of the broad-based
3-8 training; and
3-9 (3) the employer's agreement to provide paid
3-10 employment, at a base wage not less than the minimum wage, for the
3-11 participant during the participant's junior and senior years in
3-12 high school and after the participant's first year of postsecondary
3-13 education.
3-14 (b) A participant's time spent in a program under Subsection
3-15 (a) may not exceed 15 hours a week, without regard to whether the
3-16 participant is paid for the time.
3-17 (c) A participant may, but is not required to, enter into a
3-18 postsecondary education agreement with the participant's employer.
3-19 An agreement under this subsection must include:
3-20 (1) the participant's agreement to pay half of the
3-21 participant's wages to be held in trust to be applied toward the
3-22 participant's postsecondary education and the employer's agreement
3-23 to pay into the trust an additional amount equal to the amount paid
3-24 by the participant;
3-25 (2) the participant's agreement to work for the
3-26 employer for at least two years following the date of completion of
3-27 the participant's postsecondary education;
4-1 (3) the employer's agreement to pay the participant
4-2 during the period described by Subdivision (2) at least the
4-3 prevailing wage for employees having a similar education or license
4-4 and performing similar work and to provide other employee benefits
4-5 to which employees performing similar work are entitled; and
4-6 (4) the participant's agreement to reimburse the
4-7 employer if the participant fails to perform the two years of
4-8 employment described by Subdivision (2) for the employer's
4-9 contribution to the trust established under Subdivision (1), plus
4-10 interest at the prime interest rate at the time the participant
4-11 defaults on the agreement.
4-12 (d) If a participant decides not to continue in the program
4-13 before beginning the participant's postsecondary education, the
4-14 participant and employer each shall be refunded, not later than the
4-15 30th day after the last date of participation in the program, their
4-16 respective contributions to the trust established under Subsection
4-17 (c)(1) and a pro rata share of the interest earned on the money in
4-18 the trust.
4-19 (e) The money held in trust under Subsection (c)(1) must be
4-20 held in trust for the benefit of the participant under rules
4-21 adopted by the agency. Payment into a trust approved under 29
4-22 U.S.C. Section 1103 for the benefit of the participant satisfies
4-23 the requirement of this subsection. The fund must be specified in
4-24 the agreement.
4-25 (f) An employer who enters into an agreement under this
4-26 section may not retain participants solely to replace the
4-27 employer's current employees.
5-1 Sec. 311.004. RULEMAKING. (a) The agency and commission
5-2 shall adopt rules as necessary to administer each entity's duties
5-3 under this chapter. To the extent possible, the agency and
5-4 commission shall cooperate with each other in adopting rules so
5-5 that all rules adopted under this chapter are consistent and
5-6 easily administered.
5-7 (b) Rules adopted under this section must include a
5-8 requirement that participation in a certified program under this
5-9 chapter is voluntary.
5-10 Sec. 311.005. COMMISSION DUTIES; LOCAL WORKFORCE DEVELOPMENT
5-11 BOARDS. (a) The commission shall:
5-12 (1) administer its responsibilities under this chapter
5-13 as part of the commission's workforce development system;
5-14 (2) cooperate with other state agencies as
5-15 appropriate; and
5-16 (3) provide information and technical assistance to
5-17 the agency, secondary and postsecondary schools, employers, local
5-18 workforce development boards, and other entities.
5-19 (b) A local workforce development board, working in
5-20 partnership with other local and regional entities, shall provide
5-21 to secondary and postsecondary schools and employers in the area in
5-22 which the board is established information and technical assistance
5-23 as necessary to implement this chapter.
5-24 SECTION 2. Chapter 61, Education Code, is amended by adding
5-25 Subchapter T to read as follows:
5-26 SUBCHAPTER T. TECH-PREP EDUCATION
5-27 Sec. 61.851. DEFINITIONS. In this subchapter:
6-1 (1) "Articulation agreement" means a written
6-2 commitment between the participants in a tech-prep consortium to a
6-3 program designed to provide students with a nonduplicative sequence
6-4 of progressive achievement leading to degrees or certificates in a
6-5 tech-prep education program.
6-6 (2) "Junior college" means an institution of higher
6-7 education that awards associate degrees as provided by Chapter 130.
6-8 (3) "Tech-prep consortium" means a regional
6-9 collaboration of school districts, institutions of higher
6-10 education, businesses, labor organizations, and other participants
6-11 to work together to effectively implement a regional tech-prep
6-12 program.
6-13 (4) "Technical college" means a campus of the Texas
6-14 State Technical College System established under Chapter 135.
6-15 Sec. 61.852. TECH-PREP PROGRAM. (a) A tech-prep program is
6-16 a program of study that:
6-17 (1) combines at least two years of secondary education
6-18 with at least two years of postsecondary education in a
6-19 nonduplicative, sequential course of study based on the recommended
6-20 high school program adopted by the State Board of Education under
6-21 Section 28.025(a);
6-22 (2) integrates academic instruction and vocational and
6-23 technical instruction;
6-24 (3) uses work-based and worksite learning where
6-25 available and appropriate;
6-26 (4) provides technical preparation in a career field
6-27 such as engineering technology, applied science, a mechanical,
7-1 industrial, or practical art or trade, agriculture, health
7-2 occupations, business, or applied economics;
7-3 (5) builds student competence in mathematics, science,
7-4 reading, writing, communications, economics, and workplace skills
7-5 through applied, contextual academics and integrated instruction
7-6 in a coherent sequence of courses;
7-7 (6) leads to an associate degree, two-year
7-8 postsecondary certificate, or postsecondary two-year
7-9 apprenticeship with provisions, to the extent applicable, for
7-10 students to continue toward completion of a baccalaureate degree;
7-11 and
7-12 (7) leads to placement in appropriate employment or to
7-13 further education.
7-14 (b) Notwithstanding Subsection (a)(1), a tech-prep
7-15 consortium is encouraged to include four years of secondary
7-16 education in a tech-prep program.
7-17 Sec. 61.853. REGIONAL TECH-PREP CONSORTIA: GOVERNING BOARD;
7-18 DIRECTOR; FISCAL AGENT. (a) Each regional tech-prep consortium is
7-19 governed by a governing board composed of private sector and public
7-20 sector leaders in the ratio agreed to by the participants in the
7-21 consortium. A consortium at local option may consolidate governing
7-22 board members and staff with an eligible local entity to achieve
7-23 administrative efficiencies and operational coordination. The
7-24 combined entity shall maintain a proper separation of funds and
7-25 comply with all applicable legal requirements involving the use of
7-26 separate funds.
7-27 (b) The governing board shall determine the policies of the
8-1 tech-prep consortium in accordance with the consortium's written
8-2 bylaws. The bylaws must specify the major relationships,
8-3 decision-making and operational processes, and other significant
8-4 policies of the consortium, including the procedures for filling
8-5 vacancies on the governing board.
8-6 (c) According to the terms of a written agreement between a
8-7 governing board and the fiscal agent, a consortium director shall
8-8 be selected.
8-9 (d) The governing board shall select a community college,
8-10 junior college, technical college, university, regional education
8-11 service center, independent school district, or other eligible
8-12 entity to act as the tech-prep consortium's fiscal agent and to
8-13 provide human resource and business office services for the
8-14 consortium. The fiscal agent serves under the terms of a written
8-15 agreement between the governing board and the fiscal agent.
8-16 Sec. 61.854. TECH-PREP CONSORTIUM ALLOTMENT. (a) In each
8-17 fiscal year, the board, as the agent of the Texas Education Agency,
8-18 shall allot the federal tech-prep implementation money this state
8-19 receives to the regional tech-prep consortia for regional
8-20 administration according to regionally developed plans designed to
8-21 meet federal, state, and regional goals. The board shall allot the
8-22 money to tech-prep consortia in accordance with a formula adopted
8-23 by the board, after a public hearing and in consultation with
8-24 interested state entities and local consortia, that addresses the
8-25 differing needs of the consortia due to urban or rural populations,
8-26 special populations, number of tech-prep programs and students, and
8-27 other factors determined by the board.
9-1 (b) An eligible tech-prep consortium that desires assistance
9-2 under this section must submit an application to the board on a
9-3 form prescribed by the board for that purpose. The form must
9-4 address the formula adopted by the board under Subsection (a).
9-5 (c) If a tech-prep consortium has a completed application on
9-6 file under Subsection (b), the board shall make a payment in the
9-7 amount of the consortium's allotment under Subsection (a) to the
9-8 consortium's fiscal agent.
9-9 Sec. 61.855. GRANTS FOR TECH-PREP EDUCATION. (a) From
9-10 amounts made available under Section 61.854, the board, in
9-11 accordance with this subchapter and with a formula adopted by the
9-12 board, shall award grants to tech-prep consortia for tech-prep
9-13 programs described by Subsection (d).
9-14 (b) To be eligible for a grant, a tech-prep consortium must
9-15 be composed of:
9-16 (1) a local educational agency, intermediate
9-17 educational agency, area vocational and technical education school
9-18 serving secondary school students, or a secondary school funded by
9-19 the Bureau of Indian Affairs; and
9-20 (2) one of the following institutions of higher
9-21 education:
9-22 (A) a nonprofit institution of higher education
9-23 that offers:
9-24 (i) a two-year associate degree program or
9-25 a two-year certificate program and that is qualified as a junior
9-26 college or technical college to award associate degrees under
9-27 Chapter 130 or 135, including an institution receiving assistance
10-1 under the Tribally Controlled Community College Assistance Act of
10-2 1978 (25 U.S.C. Section 1801 et seq.) and its subsequent amendments
10-3 as a tribally controlled postsecondary vocational or technical
10-4 institution; or
10-5 (ii) a two-year apprenticeship program
10-6 that follows secondary instruction, if the nonprofit institution of
10-7 higher education is not prohibited from receiving assistance under
10-8 Part B, Title IV, of the Higher Education Act of 1965 (20 U.S.C.
10-9 Section 1071 et seq.) and its subsequent amendments as provided by
10-10 Section 435(a) of that Act (20 U.S.C. Section 1085(a)) and its
10-11 subsequent amendments; or
10-12 (B) a proprietary institution of higher
10-13 education that offers a two-year associate degree program and that:
10-14 (i) is qualified as an institution of
10-15 higher education under Section 102 of the Higher Education Act of
10-16 1965 (20 U.S.C. Section 1002) and its subsequent amendments; and
10-17 (ii) is not subject to a default
10-18 management agreement plan required by the United States secretary
10-19 of education.
10-20 (c) In addition to entities described by Subsection (b), a
10-21 tech-prep consortium may include:
10-22 (1) an institution of higher education that awards a
10-23 baccalaureate degree; and
10-24 (2) employers or labor organizations.
10-25 (d) A tech-prep program must:
10-26 (1) be implemented under an articulation agreement
10-27 between the participants in the consortium;
11-1 (2) consist of two to four years of secondary school
11-2 preceding graduation and:
11-3 (A) two or more years of higher education; or
11-4 (B) two or more years of apprenticeship
11-5 following secondary instruction;
11-6 (3) have a common core of required proficiency based
11-7 on the recommended high school program adopted by the State Board
11-8 of Education under Section 28.025(a), with proficiencies in
11-9 mathematics, science, reading, writing, communications, and
11-10 technologies designed to lead to an associate's degree or
11-11 postsecondary certificate in a specific career field;
11-12 (4) include the development of tech-prep program
11-13 curricula for both secondary and postsecondary participants in the
11-14 consortium that:
11-15 (A) meets academic standards developed by the
11-16 state;
11-17 (B) links secondary schools and two-year
11-18 postsecondary institutions, and, if practicable, four-year
11-19 institutions of higher education through nonduplicative sequences
11-20 of courses in career fields, including the investigation of
11-21 opportunities for tech-prep students to enroll concurrently in
11-22 secondary and postsecondary course work;
11-23 (C) uses, if appropriate and available,
11-24 work-based or worksite learning in conjunction with business and
11-25 all aspects of an industry; and
11-26 (D) uses educational technology and distance
11-27 learning, as appropriate, to involve each consortium participant
12-1 more fully in the development and operation of programs;
12-2 (5) include in-service training for teachers that:
12-3 (A) is designed to train vocational and
12-4 technical teachers to effectively implement tech-prep programs;
12-5 (B) provides for joint training for teachers in
12-6 the tech-prep consortium;
12-7 (C) is designed to ensure that teachers and
12-8 administrators stay current with the needs, expectations, and
12-9 methods of business and of all aspects of an industry;
12-10 (D) focuses on training postsecondary education
12-11 faculty in the use of contextual and applied curricula and
12-12 instruction; and
12-13 (E) provides training in the use and application
12-14 of technology;
12-15 (6) include training programs for counselors designed
12-16 to enable counselors to more effectively:
12-17 (A) provide information to students regarding
12-18 tech-prep programs;
12-19 (B) support student progress in completing
12-20 tech-prep programs;
12-21 (C) provide information on related employment
12-22 opportunities;
12-23 (D) ensure that tech-prep students are placed in
12-24 appropriate employment; and
12-25 (E) stay current with the needs, expectations,
12-26 and methods of business and of all aspects of an industry;
12-27 (7) provide equal access to the full range of
13-1 tech-prep programs for individuals who are members of special
13-2 populations, including by the development of tech-prep program
13-3 services appropriate to the needs of special populations; and
13-4 (8) provide for preparatory services that assist
13-5 participants in tech-prep programs.
13-6 (e) A tech-prep consortium that receives a grant under this
13-7 section must use the money awarded to develop and operate a
13-8 tech-prep program described in Subsection (d).
13-9 (f) A tech-prep program may:
13-10 (1) provide for the acquisition of tech-prep program
13-11 equipment;
13-12 (2) acquire technical assistance from state or local
13-13 entities that have designed, established, and operated tech-prep
13-14 programs that have effectively used educational technology and
13-15 distance learning to deliver curricula and services and to develop
13-16 an articulation agreement; and
13-17 (3) establish articulation agreements with
13-18 institutions of higher education, labor organizations, or
13-19 businesses located in or out of the region served by the tech-prep
13-20 consortium, especially with regard to using distance learning and
13-21 educational technology to provide for the delivery of services and
13-22 programs.
13-23 Sec. 61.856. GRANT APPLICATION. (a) Each regional
13-24 tech-prep consortium that desires to obtain a grant under this
13-25 subchapter must submit an application to the board at the time and
13-26 in the manner the board prescribes.
13-27 (b) An application under this section must:
14-1 (1) contain a five-year plan for the development and
14-2 implementation of tech-prep programs;
14-3 (2) show that the application has been approved by the
14-4 tech-prep consortium's governing board; and
14-5 (3) show that the entity selected as the consortium's
14-6 fiscal agent has agreed to serve in that capacity.
14-7 (c) The board shall approve the application if the
14-8 application meets the requirements of this section and Section
14-9 61.854(b).
14-10 (d) The board shall give special consideration to an
14-11 application for a tech-prep program that:
14-12 (1) provides for effective employment placement
14-13 activities for students or for the transfer of students to
14-14 baccalaureate degree programs;
14-15 (2) is developed in consultation with business,
14-16 industry, institutions of higher education, and labor
14-17 organizations;
14-18 (3) effectively addresses the issues of school dropout
14-19 prevention, returning to school after dropping out, and the needs
14-20 of special populations;
14-21 (4) provides education and training in areas or skills
14-22 in which there are significant workforce shortages, including the
14-23 information technology industry; and
14-24 (5) demonstrates how tech-prep programs may help
14-25 students achieve high academic and employability competencies.
14-26 (e) In awarding grants under this subchapter, the board
14-27 shall ensure an equitable distribution of assistance between urban
15-1 and regional consortium participants.
15-2 Sec. 61.857. REPORT; REVIEW OF FIVE-YEAR PLAN. (a) Each
15-3 regional tech-prep consortium that receives a grant under this
15-4 subchapter shall annually prepare and submit to the board a written
15-5 report on the effectiveness of the tech-prep programs for which the
15-6 consortium received assistance. The report must include a
15-7 description of the manner in which the consortium awarded any
15-8 subgrants in the region served by the consortium.
15-9 (b) After the second year of the five-year plan required
15-10 under Section 61.856(b)(1), the consortium shall review the plan
15-11 and make any changes necessary.
15-12 SECTION 3. Section 39.051(b), Education Code, is amended to
15-13 read as follows:
15-14 (b) Performance on the indicators adopted under this section
15-15 shall be compared to state-established standards. The degree of
15-16 change from one school year to the next in performance on each
15-17 indicator adopted under this section shall also be considered. The
15-18 indicators must be based on information that is disaggregated with
15-19 respect to race, ethnicity, sex, and socioeconomic status and must
15-20 include:
15-21 (1) the results of assessment instruments required
15-22 under Sections 39.023(a) and (c), aggregated by grade level and
15-23 subject area;
15-24 (2) dropout rates;
15-25 (3) student attendance rates;
15-26 (4) the percentage of graduating students who attain
15-27 scores on the secondary exit-level assessment instruments required
16-1 under Subchapter B that are equivalent to a passing score on the
16-2 test instrument required under Section 51.306;
16-3 (5) the percentage of graduating students who meet the
16-4 course requirements established for the recommended high school
16-5 program by State Board of Education rule;
16-6 (6) the results of the Scholastic Assessment Test
16-7 (SAT), [and] the American College Test, articulated postsecondary
16-8 degree programs described by Section 61.852, and certified
16-9 workforce training programs described by Chapter 311, Labor Code;
16-10 (7) the percentage of students taking end-of-course
16-11 assessment instruments adopted under Section 39.023(d);
16-12 (8) the percentage of students exempted, by exemption
16-13 category, from the assessment program generally applicable under
16-14 this subchapter; and
16-15 (9) any other indicator the State Board of Education
16-16 adopts.
16-17 SECTION 4. (a) This Act takes effect September 1, 1999.
16-18 (b) The change in law made by this Act does not affect the
16-19 validity of a workforce training program for students in secondary
16-20 and postsecondary education that is in existence on the effective
16-21 date of this Act.
16-22 SECTION 5. The importance of this legislation and the
16-23 crowded condition of the calendars in both houses create an
16-24 emergency and an imperative public necessity that the
16-25 constitutional rule requiring bills to be read on three several
16-26 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2401 was passed by the House on May
4, 1999, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 2401 on May 21, 1999, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2401 was passed by the Senate, with
amendments, on May 19, 1999, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor