1-1     By:  Lucio                                            S.B. No. 1027
 1-2           (In the Senate - Filed March 9, 1999; March 10, 1999, read
 1-3     first time and referred to Committee on Education; May 3, 1999,
 1-4     reported adversely, with favorable Committee Substitute by the
 1-5     following vote:  Yeas 7, Nays 0; May 3, 1999, sent to printer.)
 1-6     COMMITTEE SUBSTITUTE FOR S.B. No. 1027               By:  Zaffirini
 1-7                            A BILL TO BE ENTITLED
 1-8                                   AN ACT
 1-9     relating to tech-prep education.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Chapter 61, Education Code, is amended by adding
1-12     Subchapter T to read as follows:
1-13                     SUBCHAPTER T.  TECH-PREP EDUCATION
1-14           Sec. 61.851.  DEFINITIONS.  In this subchapter:
1-15                 (1)  "Articulation agreement" means a written
1-16     commitment between the participants in a tech-prep consortium to a
1-17     program designed to provide students with a nonduplicative sequence
1-18     of progressive achievement leading to degrees or certificates in a
1-19     tech-prep education program.
1-20                 (2)  "Junior college" means an institution of higher
1-21     education that awards associate degrees as provided by Chapter 130.
1-22                 (3)  "Tech-prep consortium" means a regional
1-23     collaboration of school districts, institutions of higher
1-24     education, businesses, labor organizations, and other participants
1-25     to work together to effectively implement a regional tech-prep
1-26     program.
1-27                 (4)  "Technical college" means a campus of the Texas
1-28     State Technical College System established under Chapter 135.
1-29           Sec. 61.852.  TECH-PREP PROGRAM.  (a)  A tech-prep program is
1-30     a program of study that:
1-31                 (1)  combines at least two years of secondary education
1-32     with at least two years of postsecondary education in a
1-33     nonduplicative, sequential course of study based on the recommended
1-34     high school program adopted by the State Board of Education under
1-35     Section 28.025(a);
1-36                 (2)  integrates academic instruction and vocational and
1-37     technical instruction;
1-38                 (3)  uses work-based and worksite learning where
1-39     available and appropriate;
1-40                 (4)  provides technical preparation in a career field
1-41     such as engineering technology, applied science, a mechanical,
1-42     industrial, or practical art or trade, agriculture, health
1-43     occupations, business, or applied economics;
1-44                 (5)  builds student competence in mathematics, science,
1-45     reading, writing, communications, economics, and workplace skills
1-46     through applied, contextual academics and integrated instruction in
1-47     a coherent sequence of courses;
1-48                 (6)  leads to an associate degree, a two-year
1-49     postsecondary certificate, or a postsecondary two-year
1-50     apprenticeship with a provision if applicable for the student to
1-51     continue toward the completion of a baccalaureate degree; and
1-52                 (7)  leads to placement in appropriate employment or to
1-53     further education.
1-54           (b)  Notwithstanding Subsection (a)(1), a tech-prep
1-55     consortium is encouraged to include four years of secondary
1-56     education in a tech-prep program.
1-57           Sec. 61.853.  REGIONAL TECH-PREP CONSORTIA:  GOVERNING BOARD;
1-58     DIRECTOR; FISCAL AGENT.  (a)  Each regional tech-prep consortium is
1-59     governed by a governing board composed of private sector and public
1-60     sector leaders in the ratio agreed to by the participants in the
1-61     consortium. A tech-prep consortium may, at the option of the
1-62     participants in the consortium, consolidate board members and staff
1-63     with an eligible local entity to achieve administrative
1-64     efficiencies and operational coordination, but the combined entity
 2-1     must maintain proper segregation of funds and must otherwise comply
 2-2     with all applicable legal requirements involving the use of the
 2-3     segregated funds.
 2-4           (b)  The governing board shall determine the policies of the
 2-5     tech-prep consortium in accordance with the consortium's written
 2-6     bylaws.  The bylaws should specify the major relationships,
 2-7     decision-making and operational processes, and other significant
 2-8     policies of the consortium, including the procedures for filling
 2-9     vacancies on the governing board.
2-10           (c)  The governing board shall select a consortium director
2-11     to manage the consortium's affairs.  The consortium director serves
2-12     at the will of the governing board.
2-13           (d)  The governing board shall select a community college,
2-14     junior college, technical college, university, regional education
2-15     service center, independent school district, or other eligible
2-16     entity to act as the tech-prep consortium's fiscal agent and to
2-17     provide human resource and business office services for the
2-18     consortium.  The fiscal agent serves at the direction of the
2-19     governing board and under the terms of a written agreement between
2-20     the governing board and the fiscal agent.
2-21           Sec. 61.854.  TECH-PREP CONSORTIUM ALLOTMENT.  (a)  In each
2-22     fiscal year, the board, as the agent of the Texas Education Agency,
2-23     shall allot the federal tech-prep implementation money this state
2-24     receives to the regional tech-prep consortia for regional
2-25     administration according to regionally developed plans designed to
2-26     meet federal, state, and regional goals.  The board shall allot the
2-27     money to tech-prep consortia in accordance with a formula adopted
2-28     by the board after a public hearing and in consultation with
2-29     interested state entities and tech-prep consortia that addresses
2-30     the differing needs of consortia due to urban or rural populations,
2-31     special populations, number of tech-prep programs and students, and
2-32     other factors determined by the board.
2-33           (b)  An eligible tech-prep consortium that desires assistance
2-34     under this section must submit an application to the board on a
2-35     form prescribed by the board for that purpose.  The form must
2-36     address the formula adopted by the board under Subsection (a).
2-37           (c)  If a tech-prep consortium has a completed application on
2-38     file under Subsection (b), the board shall make a payment in the
2-39     amount of the consortium's allotment under Subsection (a) to the
2-40     consortium's fiscal agent.
2-41           Sec. 61.855.  GRANTS FOR TECH-PREP EDUCATION.  (a)  From
2-42     amounts made available under Section 61.854, the board, in
2-43     accordance with this subchapter and with a formula adopted by the
2-44     board, shall award grants to tech-prep consortia for tech-prep
2-45     programs described by Subsection (d).
2-46           (b)  To be eligible for a grant, a tech-prep consortium must
2-47     be composed of:
2-48                 (1)  a local educational agency, intermediate
2-49     educational agency, area vocational and technical education school
2-50     serving secondary school students, or a secondary school funded by
2-51     the Bureau of Indian Affairs;
2-52                 (2)  one of the following institutions of higher
2-53     education:
2-54                       (A)  a nonprofit institution of higher education
2-55     that offers:
2-56                             (i)  a two-year associate degree program or
2-57     a two-year certificate program and that is qualified as a junior
2-58     college or technical college to award associate degrees under
2-59     Chapter 130 or 135, including an institution receiving assistance
2-60     under the Tribally Controlled Community College Assistance Act of
2-61     1978 (25 U.S.C. Section 1801 et seq.) and its subsequent amendments
2-62     as a tribally controlled postsecondary vocational or technical
2-63     institution; or
2-64                             (ii)  a two-year apprenticeship program
2-65     that follows secondary instruction, if the nonprofit institution of
2-66     higher education is not prohibited from receiving assistance under
2-67     Part B, Title IV, of the Higher Education Act of 1965 (20 U.S.C.
2-68     Section 1071 et seq.) and its subsequent amendments as provided by
2-69     Section 435(a) of that Act (20 U.S.C. Section 1085(a)) and its
 3-1     subsequent amendments; or
 3-2                       (B)  a proprietary institution of higher
 3-3     education that offers a two-year associate degree program and that:
 3-4                             (i)  is qualified as an institution of
 3-5     higher education under Section 102 of the Higher Education Act of
 3-6     1965 (20 U.S.C. Section 1002) and its subsequent amendments; and
 3-7                             (ii)  is not subject to a default
 3-8     management agreement plan required by the United States Secretary
 3-9     of Education.
3-10           (c)  In addition to entities described by Subsection (b), a
3-11     tech-prep consortium may include:
3-12                 (1)  an institution of higher education that awards a
3-13     baccalaureate degree; and
3-14                 (2)  employers or labor organizations.
3-15           (d)  A tech-prep program must:
3-16                 (1)  be implemented under an articulation agreement
3-17     between the participants in the tech-prep consortium;
3-18                 (2)  consist of two to four years of secondary school
3-19     preceding graduation and:
3-20                       (A)  two or more years of higher education; or
3-21                       (B)  two or more years of apprenticeship
3-22     following secondary instruction;
3-23                 (3)  have a common core of required proficiency based
3-24     on the recommended high school program adopted by the State Board
3-25     of Education under  Section 28.025(a), with proficiencies in
3-26     mathematics, science, reading, writing, communications, and
3-27     technologies designed to lead to an associate degree or
3-28     postsecondary certificate in a specific career field;
3-29                 (4)  include the development of tech-prep program
3-30     curricula for both secondary and postsecondary participants in the
3-31     consortium that:
3-32                       (A)  meets academic standards developed by the
3-33     state;
3-34                       (B)  links secondary schools and two-year
3-35     postsecondary institutions, and, if practicable, four-year
3-36     institutions of higher education through nonduplicative sequences
3-37     of courses in career fields, including the investigation of
3-38     opportunities for tech-prep students to enroll concurrently in
3-39     secondary and postsecondary coursework;
3-40                       (C)  uses, if appropriate and available,
3-41     work-based or worksite learning in conjunction with business and
3-42     all aspects of an industry; and
3-43                       (D)  uses educational technology and distance
3-44     learning, as appropriate, to involve each consortium participant
3-45     more fully in the  development and operation of programs;
3-46                 (5)  include in-service training for teachers that:
3-47                       (A)  is designed to train vocational and
3-48     technical teachers to effectively implement tech-prep programs;
3-49                       (B)  provides for joint training for teachers in
3-50     the tech-prep consortium;
3-51                       (C)  is designed to ensure that teachers and
3-52     administrators stay current with the needs, expectations, and
3-53     methods of business and of all aspects of an industry;
3-54                       (D)  focuses on training postsecondary education
3-55     faculty in the use of contextual and applied curricula and
3-56     instruction; and
3-57                       (E)  provides training in the use and application
3-58     of technology;
3-59                 (6)  include training programs for counselors designed
3-60     to enable counselors to more effectively:
3-61                       (A)  provide information to students regarding
3-62     tech-prep programs;
3-63                       (B)  support student progress in completing
3-64     tech-prep programs;
3-65                       (C)  provide information on related employment
3-66     opportunities;
3-67                       (D)  ensure that tech-prep students are placed in
3-68     appropriate employment; and
3-69                       (E)  stay current with the needs, expectations,
 4-1     and methods of business and of all aspects of an industry;
 4-2                 (7)  provide equal access to the full range of
 4-3     tech-prep programs for individuals who are members of special
 4-4     populations, including by the development of tech-prep program
 4-5     services appropriate to the needs of special programs; and
 4-6                 (8)  provide for preparatory services that assist
 4-7     participants in tech-prep programs.
 4-8           (e)  A tech-prep consortium that receives a grant under this
 4-9     section must use the money awarded to develop and operate a
4-10     tech-prep program described in Subsection (d).
4-11           (f)  A tech-prep program may:
4-12                 (1)  provide for the acquisition of tech-prep program
4-13     equipment;
4-14                 (2)  acquire technical assistance from state or local
4-15     entities that have designed, established, and operated tech-prep
4-16     programs that have effectively used educational technology and
4-17     distance learning to deliver curricula and services and to develop
4-18     an articulation agreement; and
4-19                 (3)  establish articulation agreements with
4-20     institutions of higher education, labor organizations, or
4-21     businesses located in or out of the region served by the tech-prep
4-22     consortium, especially with regard to using distance learning and
4-23     educational technology to provide for the delivery of services and
4-24     programs.
4-25           Sec. 61.856.  GRANT APPLICATION.  (a)  Each regional
4-26     tech-prep consortium that desires to obtain a grant under this
4-27     subchapter must submit an application to the board at the time and
4-28     in the manner the board prescribes.
4-29           (b)  An application under this section must:
4-30                 (1)  contain a five-year plan for the development and
4-31     implementation of tech-prep programs;
4-32                 (2)  show that the application has been approved by the
4-33     tech-prep consortium's governing board; and
4-34                 (3)  show that the entity selected as the consortium's
4-35     fiscal agent has agreed to serve in that capacity.
4-36           (c)  The board shall approve the application if the
4-37     application meets the requirements of this section and Section
4-38     61.854(b).
4-39           (d)  The board shall give special consideration to an
4-40     application for a tech-prep program that:
4-41                 (1)  provides for effective employment placement
4-42     activities for students or for the transfer of students to
4-43     baccalaureate degree programs;
4-44                 (2)  is developed in consultation with business,
4-45     industry, institutions of higher education, and labor
4-46     organizations;
4-47                 (3)  effectively addresses the issues of school dropout
4-48     prevention, returning to school after dropping out, and the needs
4-49     of special populations;
4-50                 (4)  provides education and training in areas or skills
4-51     in which there are significant workforce shortages, including the
4-52     information technology industry; and
4-53                 (5)  demonstrates how tech-prep programs may help
4-54     students achieve high academic and employability competencies.
4-55           (e)  In awarding grants under this subchapter, the board
4-56     shall ensure an equitable distribution of assistance between urban
4-57     and regional consortium participants.
4-58           Sec. 61.857.  REPORT; REVIEW OF FIVE-YEAR PLAN.  (a)  Each
4-59     regional tech-prep consortium that receives a grant under this
4-60     subchapter shall annually prepare and submit to the board a written
4-61     report on the effectiveness of the tech-prep programs for which the
4-62     consortium received assistance.  The report must include a
4-63     description of the manner in which the consortium awarded any
4-64     subgrants in the region served by the consortium.
4-65           (b)  After the second year of the five-year plan required
4-66     under Section 61.856(b)(1), the consortium shall review the plan
4-67     and make any changes necessary.
4-68           SECTION 2.  This Act takes effect September 1, 1999.
4-69           SECTION 3.  The importance of this legislation and the
 5-1     crowded condition of the calendars in both houses create an
 5-2     emergency and an imperative public necessity that the
 5-3     constitutional rule requiring bills to be read on three several
 5-4     days in each house be suspended, and this rule is hereby suspended.
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