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. 5-5 * * * * *