1-1 By: Keffer, et al. (Senate Sponsor - Ellis) H.B. No. 2401
1-2 (In the Senate - Received from the House May 5, 1999;
1-3 May 6, 1999, read first time and referred to Committee on
1-4 Education; May 14, 1999, reported favorably by the following vote:
1-5 Yeas 6, Nays 0; May 14, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the establishment of voluntary workforce training
1-9 programs for certain students.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subtitle B, Title 4, Labor Code, is amended by
1-12 adding Chapter 311 to read as follows:
1-13 CHAPTER 311. VOLUNTARY WORKFORCE TRAINING FOR CERTAIN STUDENTS
1-14 Sec. 311.001. DEFINITIONS. In this chapter:
1-15 (1) "Agency" means the Texas Education Agency.
1-16 (2) "Certified program" means a career and technology
1-17 secondary and postsecondary education program conducted under an
1-18 agreement as described by Section 311.003 or a voluntary program
1-19 certified by the agency in conjunction with the commission as
1-20 meeting the standards prescribed by Section 311.002, and that:
1-21 (A) integrates a secondary school academic
1-22 curriculum with private sector workplace training and a
1-23 postsecondary curriculum;
1-24 (B) places students in job internships;
1-25 (C) is designed to continue into postsecondary
1-26 education and lead to the participant earning an associate's degree
1-27 or a bachelor's degree;
1-28 (D) will result in teaching new skills and
1-29 adding value to the wage-earning potential of participants and
1-30 increasing a participant's long-term employability in this state;
1-31 and
1-32 (E) meets recognized or accepted industry
1-33 standards.
1-34 (3) "Participant" means a person at least 16 years of
1-35 age who is enrolled in a public or private secondary or
1-36 postsecondary school, or an equivalent program, and who began to
1-37 voluntarily participate in a certified voluntary workforce training
1-38 program as part of secondary school education.
1-39 (4) "Sponsor" means any person operating a certified
1-40 program and in whose name the program is registered.
1-41 Sec. 311.002. CERTIFICATION STANDARDS. To be eligible for
1-42 certification by the agency under this chapter, a program must:
1-43 (1) be conducted under an organized, written plan
1-44 embodying the terms and conditions of employment, job training,
1-45 classroom instruction, and supervision of participants and be
1-46 subscribed to by a sponsor who has undertaken to carry out the
1-47 program;
1-48 (2) comply with all state and federal laws, including
1-49 laws pertaining to fair labor standards and workplace health and
1-50 safety;
1-51 (3) comply with recognized industry standards
1-52 applicable to the program in which the participant is engaged; and
1-53 (4) include an agreement by the employer to assign an
1-54 employee to serve as a mentor for the participant.
1-55 Sec. 311.003. CERTIFIED PROGRAM AGREEMENTS. (a) A
1-56 certified program must be conducted under a signed written
1-57 agreement between each participant and the employer. The agreement
1-58 may include the following:
1-59 (1) the name and signature of the participant, the
1-60 sponsor, and the employer, and a parent or guardian of the
1-61 participant if the participant is under 18 years of age;
1-62 (2) a description of the career field in which the
1-63 participant is to be trained, the academic and technical skills to
1-64 be attained, and the beginning date and duration of the broad-based
2-1 training; and
2-2 (3) the employer's agreement to provide paid
2-3 employment, at a base wage not less than the minimum wage, for the
2-4 participant during the participant's junior and senior years in
2-5 high school and after the participant's first year of postsecondary
2-6 education.
2-7 (b) A participant's time spent in a program under Subsection
2-8 (a) may not exceed 15 hours a week, without regard to whether the
2-9 participant is paid for the time.
2-10 (c) A participant may, but is not required to, enter into a
2-11 postsecondary education agreement with the participant's employer.
2-12 An agreement under this subsection must include:
2-13 (1) the participant's agreement to pay half of the
2-14 participant's wages to be held in trust to be applied toward the
2-15 participant's postsecondary education and the employer's agreement
2-16 to pay into the trust an additional amount equal to the amount paid
2-17 by the participant;
2-18 (2) the participant's agreement to work for the
2-19 employer for at least two years following the date of completion of
2-20 the participant's postsecondary education;
2-21 (3) the employer's agreement to pay the participant
2-22 during the period described by Subdivision (2) at least the
2-23 prevailing wage for employees having a similar education or license
2-24 and performing similar work and to provide other employee benefits
2-25 to which employees performing similar work are entitled; and
2-26 (4) the participant's agreement to reimburse the
2-27 employer if the participant fails to perform the two years of
2-28 employment described by Subdivision (2) for the employer's
2-29 contribution to the trust established under Subdivision (1), plus
2-30 interest at the prime interest rate at the time the participant
2-31 defaults on the agreement.
2-32 (d) If a participant decides not to continue in the program
2-33 before beginning the participant's postsecondary education, the
2-34 participant and employer each shall be refunded, not later than the
2-35 30th day after the last date of participation in the program, their
2-36 respective contributions to the trust established under Subsection
2-37 (c)(1) and a pro rata share of the interest earned on the money in
2-38 the trust.
2-39 (e) The money held in trust under Subsection (c)(1) must be
2-40 held in trust for the benefit of the participant under rules
2-41 adopted by the agency. Payment into a trust approved under 29
2-42 U.S.C. Section 1103 for the benefit of the participant satisfies
2-43 the requirement of this subsection. The fund must be specified in
2-44 the agreement.
2-45 (f) An employer who enters into an agreement under this
2-46 section may not retain participants solely to replace the
2-47 employer's current employees.
2-48 Sec. 311.004. RULEMAKING. (a) The agency and commission
2-49 shall adopt rules as necessary to administer each entity's duties
2-50 under this chapter. To the extent possible, the agency and
2-51 commission shall cooperate with each other in adopting rules so
2-52 that all rules adopted under this chapter are consistent and
2-53 easily administered.
2-54 (b) Rules adopted under this section must include a
2-55 requirement that participation in a certified program under this
2-56 chapter is voluntary.
2-57 Sec. 311.005. COMMISSION DUTIES; LOCAL WORKFORCE DEVELOPMENT
2-58 BOARDS. (a) The commission shall:
2-59 (1) administer its responsibilities under this chapter
2-60 as part of the commission's workforce development system;
2-61 (2) cooperate with other state agencies as
2-62 appropriate; and
2-63 (3) provide information and technical assistance to
2-64 the agency, secondary and postsecondary schools, employers, local
2-65 workforce development boards, and other entities.
2-66 (b) A local workforce development board, working in
2-67 partnership with other local and regional entities, shall provide
2-68 to secondary and postsecondary schools and employers in the area in
2-69 which the board is established information and technical assistance
3-1 as necessary to implement this chapter.
3-2 SECTION 2. Chapter 61, Education Code, is amended by adding
3-3 Subchapter T to read as follows:
3-4 SUBCHAPTER T. TECH-PREP EDUCATION
3-5 Sec. 61.851. DEFINITIONS. In this subchapter:
3-6 (1) "Articulation agreement" means a written
3-7 commitment between the participants in a tech-prep consortium to a
3-8 program designed to provide students with a nonduplicative sequence
3-9 of progressive achievement leading to degrees or certificates in a
3-10 tech-prep education program.
3-11 (2) "Board" means the Texas Higher Education
3-12 Coordinating Board.
3-13 (3) "Junior college" means an institution of higher
3-14 education that awards associate degrees as provided by Chapter 130.
3-15 (4) "Tech-prep consortium" means a regional
3-16 collaboration of secondary educational institutions, community
3-17 colleges, and technical colleges to work together to effectively
3-18 implement a regional tech-prep program.
3-19 (5) "Technical college" means a campus of the Texas
3-20 State Technical College System established under Chapter 135.
3-21 Sec. 61.852. TECH-PREP PROGRAM. (a) A tech-prep program is
3-22 a program of study that:
3-23 (1) combines at least two years of secondary education
3-24 with at least two years of postsecondary education in a
3-25 nonduplicative, sequential course of study based on the recommended
3-26 high school program adopted by the State Board of Education under
3-27 Section 28.025(a);
3-28 (2) integrates academic instruction and vocational and
3-29 technical instruction;
3-30 (3) uses work-based and worksite learning where
3-31 available and appropriate;
3-32 (4) provides technical preparation in a career field
3-33 such as engineering technology, applied science, a mechanical,
3-34 industrial, or practical art or trade, agriculture, health
3-35 occupations, business, or applied economics;
3-36 (5) builds student competence in mathematics, science,
3-37 reading, writing, communications, economics, and workplace skills
3-38 through applied, contextual academics and integrated instruction
3-39 in a coherent sequence of courses;
3-40 (6) leads to an associate degree, two-year
3-41 postsecondary certificate, or postsecondary two-year
3-42 apprenticeship with provisions, to the extent applicable, for
3-43 students to continue toward completion of a baccalaureate degree;
3-44 and
3-45 (7) leads to placement in appropriate employment or to
3-46 further education.
3-47 (b) Notwithstanding Subsection (a)(1), a tech-prep
3-48 consortium is encouraged to include four years of secondary
3-49 education in a tech-prep program.
3-50 Sec. 61.853. REGIONAL TECH-PREP CONSORTIA: GOVERNING BOARD;
3-51 DIRECTOR; FISCAL AGENT. (a) Each regional tech-prep consortium is
3-52 governed by a governing board composed of private sector and public
3-53 sector leaders in the ratio agreed to by the participants in the
3-54 consortium. A consortium at local option may consolidate governing
3-55 board members and staff with an eligible local entity to achieve
3-56 administrative efficiencies and operational coordination. The
3-57 combined entity shall maintain a proper separation of funds and
3-58 comply with all applicable legal requirements involving the use of
3-59 separate funds.
3-60 (b) The governing board shall determine the policies of the
3-61 tech-prep consortium in accordance with the consortium's written
3-62 bylaws. The bylaws must specify the major relationships,
3-63 decision-making and operational processes, and other significant
3-64 policies of the consortium, including the procedures for filling
3-65 vacancies on the governing board.
3-66 (c) The governing board shall select a consortium director
3-67 to manage the consortium's affairs. The consortium director serves
3-68 at the will of the governing board.
3-69 (d) The governing board shall select a community college,
4-1 junior college, technical college, university, regional education
4-2 service center, independent school district, or other eligible
4-3 entity to act as the tech-prep consortium's fiscal agent and to
4-4 provide human resource and business office services for the
4-5 consortium. The fiscal agent serves at the direction of the
4-6 governing board and under the terms of a written agreement between
4-7 the governing board and the fiscal agent.
4-8 Sec. 61.854. TECH-PREP CONSORTIUM ALLOTMENT. (a) In each
4-9 fiscal year, the board, as the agent of the Texas Education Agency,
4-10 shall allot the federal tech-prep implementation money this state
4-11 receives to the regional tech-prep consortia for regional
4-12 administration according to regionally developed plans designed to
4-13 meet federal, state, and regional goals. The board shall allot the
4-14 money to tech-prep consortia in accordance with a formula adopted
4-15 by the board, after a public hearing and in consultation with
4-16 interested state entities and local consortia, that addresses the
4-17 differing needs of the consortia due to urban or rural populations,
4-18 special populations, number of tech-prep programs and students, and
4-19 other factors determined by the board.
4-20 (b) An eligible tech-prep consortium that desires assistance
4-21 under this section must submit an application to the board on a
4-22 form prescribed by the board for that purpose. The form must
4-23 address the formula adopted by the board under Subsection (a).
4-24 (c) If a tech-prep consortium has a completed application on
4-25 file under Subsection (b), the board shall make a payment in the
4-26 amount of the consortium's allotment under Subsection (a) to the
4-27 consortium's fiscal agent.
4-28 Sec. 61.855. GRANTS FOR TECH-PREP EDUCATION. (a) From
4-29 amounts made available under Section 61.854, the board, in
4-30 accordance with this subchapter and with a formula adopted by the
4-31 board, shall award grants to tech-prep consortia for tech-prep
4-32 programs described by Subsection (c).
4-33 (b) To be eligible for a grant, a tech-prep consortium must
4-34 be composed of:
4-35 (1) a local educational agency, intermediate
4-36 educational agency, area vocational and technical education school
4-37 serving secondary school students, or a secondary school funded by
4-38 the Bureau of Indian Affairs;
4-39 (2) one of the following institutions of higher
4-40 education:
4-41 (A) a nonprofit institution of higher education
4-42 that offers:
4-43 (i) a two-year associate degree program or
4-44 a two-year certificate program and that is qualified as a junior
4-45 college or technical college to award associate degrees under
4-46 Chapter 130 or 135, including an institution receiving assistance
4-47 under the Tribally Controlled Community College Assistance Act of
4-48 1978 (25 U.S.C. Section 1801 et seq.) and its subsequent amendments
4-49 as a tribally controlled postsecondary vocational or technical
4-50 institution; or
4-51 (ii) a two-year apprenticeship program
4-52 that follows secondary instruction, if the nonprofit institution of
4-53 higher education is not prohibited from receiving assistance under
4-54 Part B, Title IV, of the Higher Education Act of 1965 (20 U.S.C.
4-55 Section 1071 et seq.) and its subsequent amendments as provided by
4-56 Section 435(a) of that Act (20 U.S.C. Section 1085(a)) and its
4-57 subsequent amendments;
4-58 (B) a proprietary institution of higher
4-59 education that offers a two-year associate degree program and that:
4-60 (i) is qualified as an institution of
4-61 higher education under Section 102 of the Higher Education Act of
4-62 1965 (20 U.S.C. Section 1002) and its subsequent amendments; and
4-63 (ii) is not subject to a default
4-64 management agreement plan required by the United States secretary
4-65 of education; or
4-66 (C) an institution of higher education that
4-67 awards a baccalaureate degree; and
4-68 (3) employers or labor organizations.
4-69 (c) A tech-prep program must:
5-1 (1) be implemented under an articulation agreement
5-2 between the participants in the consortium;
5-3 (2) consist of two to four years of secondary school
5-4 preceding graduation and:
5-5 (A) two or more years of higher education; or
5-6 (B) two or more years of apprenticeship
5-7 following secondary instruction;
5-8 (3) have a common core of required proficiency based
5-9 on the recommended high school program adopted by the State Board
5-10 of Education under Section 28.025(a), with proficiencies in
5-11 mathematics, science, reading, writing, communications, and
5-12 technologies designed to lead to an associate's degree or
5-13 postsecondary certificate in a specific career field;
5-14 (4) include the development of tech-prep program
5-15 curricula for both secondary and postsecondary participants in the
5-16 consortium that:
5-17 (A) meets academic standards developed by the
5-18 state;
5-19 (B) links secondary schools and two-year
5-20 postsecondary institutions, and, if practicable, four-year
5-21 institutions of higher education through nonduplicative sequences
5-22 of courses in career fields, including the investigation of
5-23 opportunities for tech-prep students to enroll concurrently in
5-24 secondary and postsecondary course work;
5-25 (C) uses, if appropriate and available,
5-26 work-based or worksite learning in conjunction with business and
5-27 all aspects of an industry; and
5-28 (D) uses educational technology and distance
5-29 learning, as appropriate, to involve each consortium participant
5-30 more fully in the development and operation of programs;
5-31 (5) include in-service training for teachers that:
5-32 (A) is designed to train vocational and
5-33 technical teachers to effectively implement tech-prep programs;
5-34 (B) provides for joint training for teachers in
5-35 the tech-prep consortium;
5-36 (C) is designed to ensure that teachers and
5-37 administrators stay current with the needs, expectations, and
5-38 methods of business and of all aspects of an industry;
5-39 (D) focuses on training postsecondary education
5-40 faculty in the use of contextual and applied curricula and
5-41 instruction; and
5-42 (E) provides training in the use and application
5-43 of technology;
5-44 (6) include training programs for counselors designed
5-45 to enable counselors to more effectively:
5-46 (A) provide information to students regarding
5-47 tech-prep programs;
5-48 (B) support student progress in completing
5-49 tech-prep programs;
5-50 (C) provide information on related employment
5-51 opportunities;
5-52 (D) ensure that tech-prep students are placed in
5-53 appropriate employment; and
5-54 (E) stay current with the needs, expectations,
5-55 and methods of business and of all aspects of an industry;
5-56 (7) provide equal access to the full range of
5-57 tech-prep programs for individuals who are members of special
5-58 populations, including by the development of tech-prep program
5-59 services appropriate to the needs of special populations; and
5-60 (8) provide for preparatory services that assist
5-61 participants in tech-prep programs.
5-62 (d) A tech-prep consortium that receives a grant under this
5-63 section must use the money awarded to develop and operate a
5-64 tech-prep program described in Subsection (c).
5-65 (e) A tech-prep program may:
5-66 (1) provide for the acquisition of tech-prep program
5-67 equipment;
5-68 (2) acquire technical assistance from state or local
5-69 entities that have designed, established, and operated tech-prep
6-1 programs that have effectively used educational technology and
6-2 distance learning to deliver curricula and services and to develop
6-3 an articulation agreement; and
6-4 (3) establish articulation agreements with
6-5 institutions of higher education, labor organizations, or
6-6 businesses located in or out of the region served by the tech-prep
6-7 consortium, especially with regard to using distance learning and
6-8 educational technology to provide for the delivery of services and
6-9 programs.
6-10 Sec. 61.856. GRANT APPLICATION. (a) Each regional
6-11 tech-prep consortium that desires to obtain a grant under this
6-12 subchapter must submit an application to the board at the time and
6-13 in the manner the board prescribes.
6-14 (b) An application under this section must:
6-15 (1) contain a five-year plan for the development and
6-16 implementation of tech-prep programs;
6-17 (2) show that the application has been approved by the
6-18 tech-prep consortium's governing board; and
6-19 (3) show that the entity selected as the consortium's
6-20 fiscal agent has agreed to serve in that capacity.
6-21 (c) The board shall approve the application if the
6-22 application meets the requirements of this section and Section
6-23 61.854(b).
6-24 (d) The board shall give special consideration to an
6-25 application for a tech-prep program that:
6-26 (1) provides for effective employment placement
6-27 activities for students or for the transfer of students to
6-28 baccalaureate degree programs;
6-29 (2) is developed in consultation with business,
6-30 industry, institutions of higher education, and labor
6-31 organizations;
6-32 (3) effectively addresses the issues of school dropout
6-33 prevention, returning to school after dropping out, and the needs
6-34 of special populations;
6-35 (4) provides education and training in areas or skills
6-36 in which there are significant workforce shortages, including the
6-37 information technology industry; and
6-38 (5) demonstrates how tech-prep programs may help
6-39 students achieve high academic and employability competencies.
6-40 (e) In awarding grants under this subchapter, the board
6-41 shall ensure an equitable distribution of assistance between urban
6-42 and regional consortium participants.
6-43 Sec. 61.857. REPORT; REVIEW OF FIVE-YEAR PLAN. (a) Each
6-44 regional tech-prep consortium that receives a grant under this
6-45 subchapter shall annually prepare and submit to the board a written
6-46 report on the effectiveness of the tech-prep programs for which the
6-47 consortium received assistance. The report must include a
6-48 description of the manner in which the consortium awarded any
6-49 subgrants in the region served by the consortium.
6-50 (b) After the second year of the five-year plan required
6-51 under Section 61.856(b)(1), the consortium shall review the plan
6-52 and make any changes necessary.
6-53 SECTION 3. Section 39.051(b), Education Code, is amended to
6-54 read as follows:
6-55 (b) Performance on the indicators adopted under this section
6-56 shall be compared to state-established standards. The degree of
6-57 change from one school year to the next in performance on each
6-58 indicator adopted under this section shall also be considered. The
6-59 indicators must be based on information that is disaggregated with
6-60 respect to race, ethnicity, sex, and socioeconomic status and must
6-61 include:
6-62 (1) the results of assessment instruments required
6-63 under Sections 39.023(a) and (c), aggregated by grade level and
6-64 subject area;
6-65 (2) dropout rates;
6-66 (3) student attendance rates;
6-67 (4) the percentage of graduating students who attain
6-68 scores on the secondary exit-level assessment instruments required
6-69 under Subchapter B that are equivalent to a passing score on the
7-1 test instrument required under Section 51.306;
7-2 (5) the percentage of graduating students who meet the
7-3 course requirements established for the recommended high school
7-4 program by State Board of Education rule;
7-5 (6) the results of the Scholastic Assessment Test
7-6 (SAT), [and] the American College Test, articulated postsecondary
7-7 degree programs described by Section 61.852, and certified
7-8 workforce training programs described by Chapter 311, Labor Code;
7-9 (7) the percentage of students taking end-of-course
7-10 assessment instruments adopted under Section 39.023(d);
7-11 (8) the percentage of students exempted, by exemption
7-12 category, from the assessment program generally applicable under
7-13 this subchapter; and
7-14 (9) any other indicator the State Board of Education
7-15 adopts.
7-16 SECTION 4. (a) This Act takes effect September 1, 1999.
7-17 (b) The change in law made by this Act does not affect the
7-18 validity of a workforce training program for students in secondary
7-19 and postsecondary education that is in existence on the effective
7-20 date of this Act.
7-21 SECTION 5. The importance of this legislation and the
7-22 crowded condition of the calendars in both houses create an
7-23 emergency and an imperative public necessity that the
7-24 constitutional rule requiring bills to be read on three several
7-25 days in each house be suspended, and this rule is hereby suspended.
7-26 * * * * *