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.