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.