76R11496 JMM-F By Keffer, Christian, Zbranek H.B. No. 2401 Solis of Cameron, King of Parker Substitute the following for H.B. No. 2401: By Van de Putte C.S.H.B. No. 2401 A BILL TO BE ENTITLED 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 1-21 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 and the beginning date and duration of 3-7 the broad-based training; and 3-8 (3) the employer's agreement to provide paid 3-9 employment, at a base wage not less than the minimum wage, for the 3-10 participant during the participant's junior and senior years in 3-11 high school and after the participant's first year of postsecondary 3-12 education. 3-13 (b) A participant's time spent in a program under Subsection 3-14 (a) may not exceed 15 hours a week, without regard to whether the 3-15 participant is paid for the time. 3-16 (c) A participant may, but is not required to, enter into a 3-17 postsecondary education agreement with the participant's employer. 3-18 An agreement under this subsection must include: 3-19 (1) the participant's agreement to pay half of the 3-20 participant's wages to be held in trust to be applied toward the 3-21 participant's postsecondary education and the employer's agreement 3-22 to pay into the trust an additional amount equal to the amount paid 3-23 by the participant; 3-24 (2) the participant's agreement to work for the 3-25 employer for at least two years following the date of completion of 3-26 the participant's postsecondary education; 3-27 (3) the employer's agreement to pay the participant 4-1 during the period described by Subdivision (2) at least the 4-2 prevailing wage for employees having a similar education or license 4-3 and performing similar work and to provide other employee benefits 4-4 to which employees performing similar work are entitled; and 4-5 (4) the participant's agreement to reimburse the 4-6 employer if the participant fails to perform the two years of 4-7 employment described by Subdivision (2) for the employer's 4-8 contribution to the trust established under Subdivision (1), plus 4-9 interest at the prime interest rate at the time the participant 4-10 defaults on the agreement. 4-11 (d) If a participant decides not to continue in the program 4-12 before beginning the participant's postsecondary education, the 4-13 participant and employer each shall be refunded, not later than the 4-14 30th day after the last date of participation in the program, their 4-15 respective contributions to the trust established under Subsection 4-16 (c)(1) and a pro rata share of the interest earned on the money in 4-17 the trust. 4-18 (e) The money held in trust under Subsection (c)(1) must be 4-19 held in trust for the benefit of the participant under rules 4-20 adopted by the agency. Payment into a trust approved under 29 4-21 U.S.C. Section 1103 for the benefit of the participant satisfies 4-22 the requirement of this subsection. The fund must be specified in 4-23 the agreement. 4-24 (f) An employer who enters into an agreement under this 4-25 section may not retain participants solely to replace the 4-26 employer's current employees. 4-27 Sec. 311.004. RULEMAKING. (a) The agency and commission 5-1 shall adopt rules as necessary to administer each entity's duties 5-2 under this chapter. To the extent possible, the agency and 5-3 commission shall cooperate with each other in adopting rules so 5-4 that all rules adopted under this chapter are consistent and 5-5 easily administered. 5-6 (b) Rules adopted under this section must include a 5-7 requirement that participation in a certified program under this 5-8 chapter is voluntary. 5-9 Sec. 311.005. COMMISSION DUTIES; LOCAL WORKFORCE DEVELOPMENT 5-10 BOARDS. (a) The commission shall: 5-11 (1) administer its responsibilities under this chapter 5-12 as part of the commission's workforce development system; 5-13 (2) cooperate with other state agencies as 5-14 appropriate; and 5-15 (3) provide information and technical assistance to 5-16 the agency, secondary and postsecondary schools, employers, and 5-17 local workforce development boards. 5-18 (b) A local workforce development board shall provide to 5-19 secondary and postsecondary schools and employers in the area in 5-20 which the board is established information and technical assistance 5-21 as necessary to implement this chapter. 5-22 SECTION 2. Chapter 61, Education Code, is amended by adding 5-23 Subchapter T to read as follows: 5-24 SUBCHAPTER T. TECH-PREP EDUCATION 5-25 Sec. 61.851. DEFINITIONS. In this subchapter: 5-26 (1) "Articulation agreement" means a written 5-27 commitment between the participants in a tech-prep consortium to a 6-1 program designed to provide students with a nonduplicative sequence 6-2 of progressive achievement leading to degrees or certificates in a 6-3 tech-prep education program. 6-4 (2) "Division" means the Community and Technical 6-5 Colleges Division of the coordinating board or its successor 6-6 division. 6-7 (3) "Junior college" means an institution of higher 6-8 education that awards associate degrees as provided by Chapter 130. 6-9 (4) "Tech-prep consortium" means a regional 6-10 collaboration of school districts, institutions of higher 6-11 education, businesses, labor organizations, and other participants 6-12 to work together to effectively implement a regional tech-prep 6-13 program. 6-14 (5) "Technical college" means a campus of the Texas 6-15 State Technical College System established under Chapter 135. 6-16 Sec. 61.852. TECH-PREP PROGRAM. (a) A tech-prep program is 6-17 a program of study that: 6-18 (1) combines at least two years of secondary education 6-19 with at least two years of postsecondary education in a 6-20 nonduplicative, sequential course of study based on the recommended 6-21 high school program adopted by the State Board of Education under 6-22 Section 28.025(a); 6-23 (2) integrates academic instruction and vocational and 6-24 technical instruction; 6-25 (3) uses work-based and worksite learning where 6-26 available and appropriate; 6-27 (4) provides technical preparation in a career field 7-1 such as engineering technology, applied science, a mechanical, 7-2 industrial, or practical art or trade, agriculture, health 7-3 occupations, business, or applied economics; 7-4 (5) builds student competence in mathematics, science, 7-5 reading, writing, communications, economics, and workplace skills 7-6 through applied, contextual academics and integrated instruction 7-7 in a coherent sequence of courses; 7-8 (6) leads to an associate or baccalaureate degree or a 7-9 postsecondary certificate in a specific career field; and 7-10 (7) leads to placement in appropriate employment or to 7-11 further education. 7-12 (b) Notwithstanding Subsection (a)(1), a tech-prep 7-13 consortium is encouraged to include four years of secondary 7-14 education in a tech-prep program. 7-15 Sec. 61.853. REGIONAL TECH-PREP CONSORTIA: GOVERNING BOARD; 7-16 DIRECTOR; FISCAL AGENT. (a) Each regional tech-prep consortium is 7-17 governed by a governing board composed of private sector and public 7-18 sector leaders in the ratio agreed to by the participants in the 7-19 consortium. 7-20 (b) The governing board shall determine the policies of the 7-21 tech-prep consortium. 7-22 (c) The governing board shall select a consortium director 7-23 to manage the consortium's affairs. The consortium director serves 7-24 at the will of the governing board. 7-25 (d) The governing board shall select a junior college, 7-26 technical college, university, regional education service center, 7-27 independent school district, council of governments, or private 8-1 industry council to act as the tech-prep consortium's fiscal agent 8-2 and to provide human resource and business office services for the 8-3 consortium. The fiscal agent serves at the direction of the 8-4 governing board and under the terms of an agreement between the 8-5 governing board and the fiscal agent. 8-6 Sec. 61.854. TECH-PREP CONSORTIUM ALLOTMENT. (a) In each 8-7 fiscal year, the division, as the agent of the Texas Education 8-8 Agency, shall allot the federal tech-prep implementation money this 8-9 state receives to the regional tech-prep consortia for regional 8-10 administration according to regionally developed plans designed to 8-11 meet regional goals. The division shall allot the money to 8-12 tech-prep consortia in accordance with a formula adopted by the 8-13 coordinating board that addresses the differing needs of consortia 8-14 due to urban or rural populations, special populations, number of 8-15 tech-prep programs and students, and other factors determined by 8-16 the coordinating board each year. 8-17 (b) An eligible tech-prep consortium that desires assistance 8-18 under this section must submit an application to the division on a 8-19 form prescribed by the division for that purpose. The form must 8-20 address the formula adopted by the coordinating board under 8-21 Subsection (a). 8-22 (c) If a tech-prep consortium has a completed application on 8-23 file under Subsection (b), the division shall make a payment in the 8-24 amount of the consortium's allotment under Subsection (a) to the 8-25 consortium's fiscal agent. 8-26 Sec. 61.855. GRANTS FOR TECH-PREP EDUCATION. (a) From 8-27 amounts made available under Section 61.854, the division, in 9-1 accordance with this subchapter and with a formula adopted by the 9-2 coordinating board, shall award grants to tech-prep consortia for 9-3 tech-prep programs described by Subsection (c). 9-4 (b) To be eligible for a grant, a tech-prep consortium must 9-5 be composed of: 9-6 (1) a local educational agency, intermediate 9-7 educational agency, area vocational and technical education school 9-8 serving secondary school students, or a secondary school funded by 9-9 the Bureau of Indian Affairs; 9-10 (2) one of the following institutions of higher 9-11 education: 9-12 (A) a nonprofit institution of higher education 9-13 that offers: 9-14 (i) a two-year associate degree program or 9-15 a two-year certificate program and that is qualified as a junior 9-16 college or technical college to award associate degrees under 9-17 Chapter 130 or 135, including an institution receiving assistance 9-18 under the Tribally Controlled Community College Assistance Act of 9-19 1978 (25 U.S.C. Section 1801 et seq.) and its subsequent amendments 9-20 as a tribally controlled postsecondary vocational or technical 9-21 institution; or 9-22 (ii) a two-year apprenticeship program 9-23 that follows secondary instruction, if the nonprofit institution of 9-24 higher education is not prohibited from receiving assistance under 9-25 Part B, Title IV, of the Higher Education Act of 1965 (20 U.S.C. 9-26 Section 1071 et seq.) and its subsequent amendments as provided by 9-27 Section 435(a) of that Act (20 U.S.C. Section 1085(a)) and its 10-1 subsequent amendments; 10-2 (B) a proprietary institution of higher 10-3 education that offers a two-year associate degree program and that: 10-4 (i) is qualified as an institution of 10-5 higher education under Section 102 of the Higher Education Act of 10-6 1965 (20 U.S.C. Section 1002) and its subsequent amendments; and 10-7 (ii) is not subject to a default 10-8 management agreement plan required by the United States Secretary 10-9 of Education; or 10-10 (C) an institution of higher education that 10-11 awards a baccalaureate degree; and 10-12 (3) employers or labor organizations. 10-13 (c) A tech-prep program must: 10-14 (1) be implemented under an articulation agreement; 10-15 (2) consist of two to four years of secondary school 10-16 preceding graduation and: 10-17 (A) two or more years of higher education; or 10-18 (B) two or more years of apprenticeship 10-19 following secondary instruction; 10-20 (3) have a common core of required proficiency based 10-21 on the recommended high school program adopted by the State Board 10-22 of Education under Section 28.025(a), with proficiencies in 10-23 mathematics, science, reading, writing, communications, and 10-24 technologies designed to lead to an associate's degree or 10-25 postsecondary certificate in a specific career field; 10-26 (4) include the development of tech-prep program 10-27 curricula for both secondary and postsecondary participants in the 11-1 consortium that: 11-2 (A) meets academic standards developed by the 11-3 state; 11-4 (B) links secondary schools and two-year 11-5 postsecondary institutions, and, if practicable, four-year 11-6 institutions of higher education through nonduplicative sequences 11-7 of courses in career fields, including the investigation of 11-8 opportunities for tech-prep students to enroll concurrently in 11-9 secondary and postsecondary coursework; 11-10 (C) uses, if appropriate and available, 11-11 work-based or worksite learning in conjunction with business and 11-12 all aspects of an industry; and 11-13 (D) uses educational technology and distance 11-14 learning, as appropriate, to involve each consortium participant 11-15 more fully in the development and operation of programs; 11-16 (5) include in-service training for teachers that: 11-17 (A) is designed to train vocational and 11-18 technical teachers to effectively implement tech-prep programs; 11-19 (B) provides for joint training for teachers in 11-20 the tech-prep consortium; 11-21 (C) is designed to ensure that teachers and 11-22 administrators remain informed regarding current needs, 11-23 expectations, and methods of business and of all aspects of an 11-24 industry; 11-25 (D) focuses on training postsecondary education 11-26 faculty in the use of contextual and applied curricula and 11-27 instruction; and 12-1 (E) provides training in the use and application 12-2 of technology; 12-3 (6) include training programs for counselors designed 12-4 to enable counselors to more effectively: 12-5 (A) provide information to students regarding 12-6 tech-prep programs; 12-7 (B) support student progress in completing 12-8 tech-prep programs; 12-9 (C) provide information on related employment 12-10 opportunities; 12-11 (D) ensure that tech-prep students are placed in 12-12 appropriate employment; and 12-13 (E) remain informed regarding current needs, 12-14 expectations, and methods of business and of all aspects of an 12-15 industry; 12-16 (7) provide equal access to the full range of 12-17 tech-prep programs for individuals who are members of special 12-18 populations, including by the development of tech-prep program 12-19 services appropriate to the needs of special programs; and 12-20 (8) provide for preparatory services that assist 12-21 participants in tech-prep programs. 12-22 (d) A tech-prep consortium that receives a grant under this 12-23 section must use the money awarded to develop and operate a 12-24 tech-prep program described in Subsection (c). 12-25 (e) A tech-prep program may: 12-26 (1) provide for the acquisition of tech-prep program 12-27 equipment; 13-1 (2) acquire technical assistance from state or local 13-2 entities that have designed, established, and operated tech-prep 13-3 programs that have effectively used educational technology and 13-4 distance learning to deliver curricula and services and to develop 13-5 an articulation agreement; and 13-6 (3) establish articulation agreements with 13-7 institutions of higher education, labor organizations, or 13-8 businesses located in or out of the region served by the tech-prep 13-9 consortium, especially with regard to using distance learning and 13-10 educational technology to provide for the delivery of services and 13-11 programs. 13-12 Sec. 61.856. GRANT APPLICATION. (a) Each regional 13-13 tech-prep consortium that desires to obtain a grant under this 13-14 subchapter must submit an application to the division at the time 13-15 and in the manner the division prescribes. 13-16 (b) An application under this section must: 13-17 (1) contain a five-year plan for the development and 13-18 implementation of tech-prep programs; 13-19 (2) show that the application has been approved by the 13-20 tech-prep consortium's governing board; and 13-21 (3) show that the entity selected as the consortium's 13-22 fiscal agent has agreed to serve in that capacity. 13-23 (c) The division shall approve the application if the 13-24 application meets the requirements of this section and Section 13-25 61.854(b). 13-26 (d) The division shall give special consideration to an 13-27 application for a tech-prep program that: 14-1 (1) provides for effective employment placement 14-2 activities for students or for the transfer of students to 14-3 baccalaureate degree programs; 14-4 (2) is developed in consultation with business, 14-5 industry, institutions of higher education, and labor 14-6 organizations; 14-7 (3) effectively addresses the issues of school dropout 14-8 prevention, returning to school after dropping out, and the needs 14-9 of special populations; 14-10 (4) provides education or training in areas or skills 14-11 in which there are significant workforce shortages, including the 14-12 information technology industry; and 14-13 (5) demonstrates how tech-prep programs may help 14-14 students achieve high academic and employability competencies. 14-15 (e) In awarding grants under this subchapter, the division 14-16 shall ensure an equitable distribution of assistance between urban 14-17 and regional consortium participants. 14-18 Sec. 61.857. REPORT; REVIEW OF FIVE-YEAR PLAN. (a) Each 14-19 regional tech-prep consortium that receives a grant under this 14-20 subchapter shall annually prepare and submit to the division a 14-21 written report on the effectiveness of the tech-prep programs for 14-22 which the consortium received assistance. The report must include 14-23 a description of the manner in which the consortium awarded any 14-24 subgrants in the region served by the consortium. 14-25 (b) After the second year of the five-year plan required 14-26 under Section 61.856(b)(1), the consortium shall review the plan 14-27 and make any changes necessary. 15-1 Sec. 61.858. DEMONSTRATION PROGRAMS. (a) From funds 15-2 appropriated for the purpose, each fiscal year the division may 15-3 award grants to regional tech-prep consortia described by Section 15-4 61.855(b) to enable the consortia to establish and implement 15-5 tech-prep demonstration programs. 15-6 (b) A tech-prep demonstration program under this section: 15-7 (1) must involve the location of a secondary school on 15-8 the site of a junior college; 15-9 (2) must involve a business as a participant in the 15-10 tech-prep consortium; 15-11 (3) must include the voluntary participation of 15-12 secondary school students in the tech-prep program; and 15-13 (4) may provide summer internships at a business for 15-14 students or teachers. 15-15 (c) A regional tech-prep consortium that desires to obtain a 15-16 grant under this section must submit an application to the division 15-17 at the time and in the manner the division prescribes. The 15-18 application must include the information required by the board. 15-19 (d) A tech-prep demonstration program must: 15-20 (1) be implemented under an articulation agreement; 15-21 (2) consist of two to four years of secondary school 15-22 preceding graduation and: 15-23 (A) two or more years of higher education; or 15-24 (B) two or more years of apprenticeship 15-25 following secondary instruction; 15-26 (3) have a common core of required proficiency based 15-27 on the recommended high school program adopted by the State Board 16-1 of Education under Section 28.025(a), with proficiencies in 16-2 mathematics, science, reading, writing, communications, and 16-3 technologies designed to lead to an associate degree or 16-4 postsecondary certificate in a specific career field; 16-5 (4) include the development of tech-prep program 16-6 curricula for both secondary and postsecondary participants in the 16-7 consortium that: 16-8 (A) meets academic standards developed by the 16-9 state; 16-10 (B) links secondary schools and two-year 16-11 postsecondary institutions; 16-12 (C) uses, if appropriate and available, 16-13 work-based or worksite learning in conjunction with business and 16-14 all aspects of an industry; and 16-15 (D) uses educational technology and distance 16-16 learning, as appropriate, to involve each consortium participant 16-17 more fully in the development and operation of programs; 16-18 (5) include in-service training for teachers that: 16-19 (A) is designed to train vocational and 16-20 technical teachers to effectively implement tech-prep programs; 16-21 (B) provides for joint training for teachers in 16-22 the tech-prep consortium; 16-23 (C) is designed to ensure that teachers and 16-24 administrators remain informed regarding current needs, 16-25 expectations, and methods of business and of all aspects of an 16-26 industry; 16-27 (D) focuses on training postsecondary education 17-1 faculty in the use of contextual and applied curricula and 17-2 instruction; and 17-3 (E) provides training in the use and application 17-4 of technology; 17-5 (6) include training programs for counselors designed 17-6 to enable counselors to more effectively: 17-7 (A) provide information to students regarding 17-8 tech-prep programs; 17-9 (B) support student progress in completing 17-10 tech-prep programs; 17-11 (C) provide information on related employment 17-12 opportunities; 17-13 (D) ensure that tech-prep students are placed in 17-14 appropriate employment; and 17-15 (E) remain informed regarding current needs, 17-16 expectations, and methods of business and of all aspects of an 17-17 industry; 17-18 (7) provide equal access to the full range of 17-19 tech-prep programs for individuals who are members of special 17-20 populations, including by the development of tech-prep program 17-21 services appropriate to the needs of special programs; and 17-22 (8) provide for preparatory services that assist 17-23 participants in tech-prep programs. 17-24 (e) The division shall give special consideration to an 17-25 application for a tech-prep demonstration program that: 17-26 (1) provides for effective employment placement 17-27 activities for students; 18-1 (2) effectively addresses the issues of school dropout 18-2 prevention, returning to school after dropping out, and the needs 18-3 of special populations; 18-4 (3) provides education or training in areas or skills 18-5 in which there are significant workforce shortages, including the 18-6 information technology industry; and 18-7 (4) demonstrates how tech-prep programs may help 18-8 students achieve high academic and employability competencies. 18-9 SECTION 3. (a) This Act takes effect September 1, 1999. 18-10 (b) The change in law made by this Act does not affect the 18-11 validity of a workforce training program for students in secondary 18-12 and postsecondary education that is in existence on the effective 18-13 date of this Act. 18-14 SECTION 4. The importance of this legislation and the 18-15 crowded condition of the calendars in both houses create an 18-16 emergency and an imperative public necessity that the 18-17 constitutional rule requiring bills to be read on three several 18-18 days in each house be suspended, and this rule is hereby suspended.