By:  Lucio                                            S.B. No. 1027
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to tech-prep education.
 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-3           SECTION 1.  Chapter 61, Education Code, is amended by adding
 1-4     Subchapter T to read as follows:
 1-5                     SUBCHAPTER T.  TECH-PREP EDUCATION
 1-6           Sec. 61.851.  DEFINITIONS.  In this subchapter:
 1-7                 (1)  "Articulation agreement" means a written
 1-8     commitment between the participants in a tech-prep consortium to a
 1-9     program designed to provide students with a nonduplicative sequence
1-10     of progressive achievement leading to degrees or certificates in a
1-11     tech-prep education program.
1-12                 (2)  "Junior college" means an institution of higher
1-13     education that awards associate degrees as provided by Chapter 130.
1-14                 (3)  "Tech-prep consortium" means a regional
1-15     collaboration of school districts, institutions of higher
1-16     education, businesses, labor organizations, and other participants
1-17     to work together to effectively implement a regional tech-prep
1-18     program.
1-19                 (4)  "Technical college" means a campus of the Texas
1-20     State Technical College System established under Chapter 135.
1-21           Sec. 61.852.  TECH-PREP PROGRAM.  (a)  A tech-prep program is
1-22     a program of study that:
1-23                 (1)  combines at least two years of secondary education
1-24     with at least two years of postsecondary education in a
 2-1     nonduplicative, sequential course of study based on the recommended
 2-2     high school program adopted by the State Board of Education under
 2-3     Section 28.025(a);
 2-4                 (2)  integrates academic instruction and vocational and
 2-5     technical instruction;
 2-6                 (3)  uses work-based and worksite learning where
 2-7     available and appropriate;
 2-8                 (4)  provides technical preparation in a career field
 2-9     such as engineering technology, applied science, a mechanical,
2-10     industrial, or practical art or trade, agriculture, health
2-11     occupations, business, or applied economics;
2-12                 (5)  builds student competence in mathematics, science,
2-13     reading, writing, communications, economics, and workplace skills
2-14     through applied, contextual academics and integrated instruction in
2-15     a coherent sequence of courses;
2-16                 (6)  leads to an associate degree, a two-year
2-17     postsecondary certificate, or a postsecondary two-year
2-18     apprenticeship with a provision if applicable for the student to
2-19     continue toward the completion of a baccalaureate degree; and
2-20                 (7)  leads to placement in appropriate employment or to
2-21     further education.
2-22           (b)  Notwithstanding Subsection (a)(1), a tech-prep
2-23     consortium is encouraged to include four years of secondary
2-24     education in a tech-prep program.
2-25           Sec. 61.853.  REGIONAL TECH-PREP CONSORTIA:  GOVERNING BOARD;
2-26     DIRECTOR; FISCAL AGENT.  (a)  Each regional tech-prep consortium is
 3-1     governed by a governing board composed of private sector and public
 3-2     sector leaders in the ratio agreed to by the participants in the
 3-3     consortium.  A tech-prep consortium may, at the option of the
 3-4     participants in the consortium, consolidate board members and staff
 3-5     with an eligible local entity to achieve administrative
 3-6     efficiencies and operational coordination, but the combined entity
 3-7     must maintain proper segregation of funds and must otherwise comply
 3-8     with all applicable legal requirements involving the use of the
 3-9     segregated funds.
3-10           (b)  The governing board shall determine the policies of the
3-11     tech-prep consortium in accordance with the consortium's written
3-12     bylaws.  The bylaws should specify the major relationships,
3-13     decision-making and operational processes, and other significant
3-14     policies of the consortium, including the procedures for filling
3-15     vacancies on the governing board.
3-16           (c)  According to the terms of a written agreement between a
3-17     governing board and the fiscal agent a consortium director shall be
3-18     selected.
3-19           (d)  The governing board shall select a community college,
3-20     junior college, technical college, university, regional education
3-21     service center, independent school district, or other eligible
3-22     entity to act as the tech-prep consortium's fiscal agent and to
3-23     provide human resource and business office services for the
3-24     consortium.  The fiscal agent serves under the terms of a written
3-25     agreement between the governing board and the fiscal agent.
3-26           Sec. 61.854.  TECH-PREP CONSORTIUM ALLOTMENT.  (a)  In each
 4-1     fiscal year, the board, as the agent of the Texas Education Agency,
 4-2     shall allot the federal tech-prep implementation money this state
 4-3     receives to the regional tech-prep consortia for regional
 4-4     administration according to regionally developed plans designed to
 4-5     meet federal, state, and regional goals.  The board shall allot the
 4-6     money to tech-prep consortia in accordance with a formula adopted
 4-7     by the board after a public hearing and in consultation with
 4-8     interested state entities and tech-prep consortia that addresses
 4-9     the differing needs of consortia due to urban or rural populations,
4-10     special populations, number of tech-prep programs and students, and
4-11     other factors determined by the board.
4-12           (b)  An eligible tech-prep consortium that desires assistance
4-13     under this section must submit an application to the board on a
4-14     form prescribed by the board for that purpose.  The form must
4-15     address the formula adopted by the board under Subsection (a).
4-16           (c)  If a tech-prep consortium has a completed application on
4-17     file under Subsection (b), the board shall make a payment in the
4-18     amount of the consortium's allotment under Subsection (a) to the
4-19     consortium's fiscal agent.
4-20           Sec. 61.855.  GRANTS FOR TECH-PREP EDUCATION.  (a)  From
4-21     amounts made available under Section 61.854, the board, in
4-22     accordance with this subchapter and with a formula adopted by the
4-23     board, shall award grants to tech-prep consortia for tech-prep
4-24     programs described by Subsection (d).
4-25           (b)  To be eligible for a grant, a tech-prep consortium must
4-26     be composed of:
 5-1                 (1)  a local educational agency, intermediate
 5-2     educational agency, area vocational and technical education school
 5-3     serving secondary school students, or a secondary school funded by
 5-4     the Bureau of Indian Affairs;
 5-5                 (2)  one of the following institutions of higher
 5-6     education:
 5-7                       (A)  a nonprofit institution of higher education
 5-8     that offers:
 5-9                             (i)  a two-year associate degree program or
5-10     a two-year certificate program and that is qualified as a junior
5-11     college or technical college to award associate degrees under
5-12     Chapter 130 or 135, including an institution receiving assistance
5-13     under the Tribally Controlled Community College Assistance Act of
5-14     1978 (25 U.S.C. Section 1801 et seq.) and its subsequent amendments
5-15     as a tribally controlled postsecondary vocational or technical
5-16     institution; or
5-17                             (ii)  a two-year apprenticeship program
5-18     that follows secondary instruction, if the nonprofit institution of
5-19     higher education is not prohibited from receiving assistance under
5-20     Part B, Title IV, of the Higher Education Act of 1965 (20 U.S.C.
5-21     Section 1071 et seq.) and its subsequent amendments as provided by
5-22     Section 435(a) of that Act (20 U.S.C. Section 1085(a)) and its
5-23     subsequent amendments; or
5-24                       (B)  a proprietary institution of higher
5-25     education that offers a two-year associate degree program and that:
5-26                             (i)  is qualified as an institution of
 6-1     higher education under Section 102 of the Higher Education Act of
 6-2     1965 (20 U.S.C. Section 1002) and its subsequent amendments; and
 6-3                             (ii)  is not subject to a default
 6-4     management agreement plan required by the United States Secretary
 6-5     of Education.
 6-6           (c)  In addition to entities described by Subsection (b), a
 6-7     tech-prep consortium may include:
 6-8                 (1)  an institution of higher education that awards a
 6-9     baccalaureate degree; and
6-10                 (2)  employers or labor organizations.
6-11           (d)  A tech-prep program must:
6-12                 (1)  be implemented under an articulation agreement
6-13     between the participants in the tech-prep consortium;
6-14                 (2)  consist of two to four years of secondary school
6-15     preceding graduation and:
6-16                       (A)  two or more years of higher education; or
6-17                       (B)  two or more years of apprenticeship
6-18     following secondary instruction;
6-19                 (3)  have a common core of required proficiency based
6-20     on the recommended high school program adopted by the State Board
6-21     of Education under  Section 28.025(a), with proficiencies in
6-22     mathematics, science, reading, writing, communications, and
6-23     technologies designed to lead to an associate degree or
6-24     postsecondary certificate in a specific career field;
6-25                 (4)  include the development of tech-prep program
6-26     curricula for both secondary and postsecondary participants in the
 7-1     consortium that:
 7-2                       (A)  meets academic standards developed by the
 7-3     state;
 7-4                       (B)  links secondary schools and two-year
 7-5     postsecondary institutions, and, if practicable, four-year
 7-6     institutions of higher education through nonduplicative sequences
 7-7     of courses in career fields, including the investigation of
 7-8     opportunities for tech-prep students to enroll concurrently in
 7-9     secondary and postsecondary coursework;
7-10                       (C)  uses, if appropriate and available,
7-11     work-based or worksite learning in conjunction with business and
7-12     all aspects of an industry; and
7-13                       (D)  uses educational technology and distance
7-14     learning, as appropriate, to involve each consortium participant
7-15     more fully in the  development and operation of programs;
7-16                 (5)  include in-service training for teachers that:
7-17                       (A)  is designed to train vocational and
7-18     technical teachers to effectively implement tech-prep programs;
7-19                       (B)  provides for joint training for teachers in
7-20     the tech-prep consortium;
7-21                       (C)  is designed to ensure that teachers and
7-22     administrators stay current with the needs, expectations, and
7-23     methods of business and of all aspects of an industry;
7-24                       (D)  focuses on training postsecondary education
7-25     faculty in the use of contextual and applied curricula and
7-26     instruction; and
 8-1                       (E)  provides training in the use and application
 8-2     of technology;
 8-3                 (6)  include training programs for counselors designed
 8-4     to enable counselors to more effectively:
 8-5                       (A)  provide information to students regarding
 8-6     tech-prep programs;
 8-7                       (B)  support student progress in completing
 8-8     tech-prep programs;
 8-9                       (C)  provide information on related employment
8-10     opportunities;
8-11                       (D)  ensure that tech-prep students are placed in
8-12     appropriate employment; and
8-13                       (E)  stay current with the needs, expectations,
8-14     and methods of business and of all aspects of an industry;
8-15                 (7)  provide equal access to the full range of
8-16     tech-prep programs for individuals who are members of special
8-17     populations, including by the development of tech-prep program
8-18     services appropriate to the needs of special programs; and
8-19                 (8)  provide for preparatory services that assist
8-20     participants in tech-prep programs.
8-21           (e)  A tech-prep consortium that receives a grant under this
8-22     section must use the money awarded to develop and operate a
8-23     tech-prep program described in Subsection (d).
8-24           (f)  A tech-prep program may:
8-25                 (1)  provide for the acquisition of tech-prep program
8-26     equipment;
 9-1                 (2)  acquire technical assistance from state or local
 9-2     entities that have designed, established, and operated tech-prep
 9-3     programs that have effectively used educational technology and
 9-4     distance learning to deliver curricula and services and to develop
 9-5     an articulation agreement; and
 9-6                 (3)  establish articulation agreements with
 9-7     institutions of higher education, labor organizations, or
 9-8     businesses located in or out of the region served by the tech-prep
 9-9     consortium, especially with regard to using distance learning and
9-10     educational technology to provide for the delivery of services and
9-11     programs.
9-12           Sec. 61.856.  GRANT APPLICATION.  (a)  Each regional
9-13     tech-prep consortium that desires to obtain a grant under this
9-14     subchapter must submit an application to the board at the time and
9-15     in the manner the board prescribes.
9-16           (b)  An application under this section must:
9-17                 (1)  contain a five-year plan for the development and
9-18     implementation of tech-prep programs;
9-19                 (2)  show that the application has been approved by the
9-20     tech-prep consortium's governing board; and
9-21                 (3)  show that the entity selected as the consortium's
9-22     fiscal agent has agreed to serve in that capacity.
9-23           (c)  The board shall approve the application if the
9-24     application meets the requirements of this section and Section
9-25     61.854(b).
9-26           (d)  The board shall give special consideration to an
 10-1    application for a tech-prep program that:
 10-2                (1)  provides for effective employment placement
 10-3    activities for students or for the transfer of students to
 10-4    baccalaureate degree programs;
 10-5                (2)  is developed in consultation with business,
 10-6    industry, institutions of higher education, and labor
 10-7    organizations;
 10-8                (3)  effectively addresses the issues of school dropout
 10-9    prevention, returning to school after dropping out, and the needs
10-10    of special populations;
10-11                (4)  provides education and training in areas or skills
10-12    in which there are significant workforce shortages, including the
10-13    information technology industry; and
10-14                (5)  demonstrates how tech-prep programs may help
10-15    students achieve high academic and employability competencies.
10-16          (e)  In awarding grants under this subchapter, the board
10-17    shall ensure an equitable distribution of assistance between urban
10-18    and regional consortium participants.
10-19          Sec. 61.857.  REPORT; REVIEW OF FIVE-YEAR PLAN.  (a)  Each
10-20    regional tech-prep consortium that receives a grant under this
10-21    subchapter shall annually prepare and submit to the board a written
10-22    report on the effectiveness of the tech-prep programs for which the
10-23    consortium received assistance.  The report must include a
10-24    description of the manner in which the consortium awarded any
10-25    subgrants in the region served by the consortium.
10-26          (b)  After the second year of the five-year plan required
 11-1    under Section 61.856(b)(1), the consortium shall review the plan
 11-2    and make any changes necessary.
 11-3          SECTION 2.  This Act takes effect September 1, 1999.
 11-4          SECTION 3.  The importance of this legislation and the
 11-5    crowded condition of the calendars in both houses create an
 11-6    emergency and an imperative public necessity that the
 11-7    constitutional rule requiring bills to be read on three several
 11-8    days in each house be suspended, and this rule is hereby suspended.