By Seaman                                              H.B. No. 660
         77R3262 BDH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to career and technology education and training.
 1-4           SECTION 1. Section 4.001(b), Education Code, is amended to
 1-5     read as follows:
 1-6           (b)  The objectives of public education are:
 1-7           OBJECTIVE 1:  Parents will be full partners with educators in
 1-8     the education of their children.
 1-9           OBJECTIVE 2:  Students will be encouraged and challenged to
1-10     meet their full educational potential.
1-11           OBJECTIVE 3:  Through enhanced dropout prevention efforts,
1-12     all students will remain in school until they obtain a high school
1-13     diploma.
1-14           OBJECTIVE 4:  A well-balanced and appropriate curriculum will
1-15     be provided to all students.
1-16           OBJECTIVE 5:  Qualified and highly effective personnel will
1-17     be recruited, developed, and retained.
1-18           OBJECTIVE 6:  The state's students will demonstrate exemplary
1-19     performance in comparison to national and international standards.
1-20           OBJECTIVE 7:  School campuses will maintain a safe and
1-21     disciplined environment conducive to student learning.
1-22           OBJECTIVE 8:  Educators will keep abreast of the development
1-23     of creative and innovative techniques in instruction and
1-24     administration using those techniques as appropriate to improve
 2-1     student learning.
 2-2           OBJECTIVE 9:  Technology will be implemented and used to
 2-3     increase the effectiveness of student learning, instructional
 2-4     management, staff development, and administration.
 2-5           OBJECTIVE 10:  School districts will offer programs of study
 2-6     for broad career concentrations in areas of agriculture science,
 2-7     arts and communication, business and management, family and
 2-8     consumer science, health services, industrial and engineering
 2-9     systems, and natural resources that will prepare students for
2-10     continued learning and postsecondary education in employment
2-11     settings.
2-12           SECTION 2. Section 7.109, Education Code, is amended by
2-13     amending the heading and Subsection (a)  to read as follows:
2-15     CAREER AND TECHNOLOGY EDUCATION. (a)  The [board is also the] State
2-16     Board for Career and Technology Education consists of:
2-17                 (1)  the members of the board; and
2-18                 (2)  six members of the business and industry community
2-19     appointed by the commissioner for terms of two years expiring on
2-20     September 1 of each odd-numbered year.
2-21           SECTION 3. Section 8.002, Education Code, is amended to read
2-22     as follows:
2-23           Sec. 8.002.  PURPOSE. Regional education service centers
2-24     shall:
2-25                 (1)  assist school districts in improving student
2-26     performance in each region of the system;
2-27                 (2)  enable school districts to operate more
 3-1     efficiently and economically;  [and]
 3-2                 (3)  implement initiatives assigned by the legislature
 3-3     or the commissioner; and
 3-4                 (4)  cooperate with area institutions of higher
 3-5     education and local workforce development boards to develop
 3-6     academic and career and technology education programs designed to
 3-7     lead to postsecondary education and achievement of career goals.
 3-8           SECTION 4. Section 11.251(b), Education Code, is amended to
 3-9     read as follows:
3-10           (b)  The board shall adopt a policy to establish a
3-11     district- and campus-level planning and decision-making process
3-12     that will involve the professional staff of the district, parents,
3-13     and community members in establishing and reviewing the district's
3-14     and campuses' educational plans, goals, performance objectives, and
3-15     major classroom instructional programs.  The board shall establish
3-16     a procedure under which meetings are held regularly by
3-17     district- and campus-level planning and decision-making committees
3-18     that include representative professional staff, parents of students
3-19     enrolled in the district, business and industry representatives,
3-20     and community members.  The committees shall include a business and
3-21     industry representative [representatives,] without regard to
3-22     whether the [a business] representative resides in the district or
3-23     whether the business or industry the person represents is located
3-24     in the district.  The board, or the board's designee, shall
3-25     periodically meet with the district-level committee to review the
3-26     district-level committee's deliberations.
3-27           SECTION 5. Section 12.111, Education Code, is amended to read
 4-1     as follows:
 4-2           Sec. 12.111.  CONTENT. Each charter granted under this
 4-3     subchapter must:
 4-4                 (1)  describe the educational program, including any
 4-5     career and technology education program, to be offered, which must
 4-6     include the required curriculum as provided by Section 28.002;
 4-7                 (2)  specify the period for which the charter or any
 4-8     charter renewal is valid;
 4-9                 (3)  provide that continuation or renewal of the
4-10     charter is contingent on acceptable student performance on
4-11     assessment instruments adopted under Subchapter B, Chapter 39, and
4-12     on compliance with any accountability provision specified by the
4-13     charter, by a deadline or at intervals specified by the charter;
4-14                 (4)  establish the level of student performance that is
4-15     considered acceptable for purposes of Subdivision (3);
4-16                 (5)  specify any basis, in addition to a basis
4-17     specified by this subchapter, on which the charter may be placed on
4-18     probation or revoked or on which renewal of the charter may be
4-19     denied;
4-20                 (6)  prohibit discrimination in admission policy on the
4-21     basis of sex, national origin, ethnicity, religion, disability,
4-22     academic or athletic ability, or the district the child would
4-23     otherwise attend in accordance with this code, although the charter
4-24     may provide for the exclusion of a student who has a documented
4-25     history of a criminal offense, a juvenile court adjudication, or
4-26     discipline problems under Subchapter A, Chapter 37;
4-27                 (7)  specify the grade levels to be offered;
 5-1                 (8)  describe the governing structure of the program,
 5-2     including:
 5-3                       (A)  the officer positions designated;
 5-4                       (B)  the manner in which officers are selected
 5-5     and removed from office;
 5-6                       (C)  the manner in which members of the governing
 5-7     body are selected and removed from office;
 5-8                       (D)  the manner in which vacancies on the
 5-9     governing board are filled;
5-10                       (E)  the term for which members of the governing
5-11     body serve; and
5-12                       (F)  whether the terms are to be staggered;
5-13                 (9)  specify the qualifications to be met by
5-14     professional employees of the program;
5-15                 (10)  describe the process by which the person
5-16     providing the program will adopt an annual budget;
5-17                 (11)  describe the manner in which an annual audit of
5-18     the financial and programmatic operations of the program is to be
5-19     conducted, including the manner in which the person providing the
5-20     program will provide information necessary for the school district
5-21     in which the program is located to participate, as required by this
5-22     code or by State Board of Education rule, in the Public Education
5-23     Information Management System (PEIMS);
5-24                 (12)  describe the facilities to be used;
5-25                 (13)  describe the geographical area served by the
5-26     program; and
5-27                 (14)  specify any type of enrollment criteria to be
 6-1     used.
 6-2           SECTION 6. Section 21.042, Education Code, is amended to read
 6-3     as follows:
 6-4           Sec. 21.042.  APPROVAL OF RULES. The State Board for Educator
 6-5     Certification must submit a written copy of each rule it proposes
 6-6     to adopt, other than a rule adopted under Section 21.051, to the
 6-7     State Board of Education for review.  The State Board of Education
 6-8     may reject a proposed rule by a vote of at least two-thirds of the
 6-9     members of the board present and voting.  If the State Board of
6-10     Education fails to reject a proposal before the 90th day after the
6-11     date on which it receives the proposal, the proposal takes effect
6-12     as a rule of the State Board for Educator Certification as provided
6-13     by Chapter 2001, Government Code.  The State Board of Education may
6-14     not modify a rule proposed by the State Board for Educator
6-15     Certification.
6-16           SECTION 7. Section 21.051, Education Code, is amended to read
6-17     as follows:
6-19     The board shall adopt [propose] rules providing flexible options
6-20     for persons for any field experience or internship required for
6-21     certification.
6-22           SECTION 8. Section 28.002(d), Education Code, is amended to
6-23     read as follows:
6-24           (d)  The State Board of Education, after consulting with
6-25     educators, parents, business and industry representatives, and
6-26     employers, shall by rule identify the essential knowledge and
6-27     skills of each subject of the enrichment curriculum that all
 7-1     students should be able to demonstrate. Each district shall use the
 7-2     essential knowledge and skills identified by the board as
 7-3     guidelines in providing instruction in the enrichment curriculum,
 7-4     except that each district shall include in the career and
 7-5     technology education curriculum required under Subsection (a)(2)(F)
 7-6     instruction in career awareness as provided by this subsection and
 7-7     by State Board of Education rule.  Each district shall provide to
 7-8     students at the middle or junior high school level, as applicable,
 7-9     career awareness instruction that:
7-10                 (1)  emphasizes the manner in which the academic
7-11     curriculum is relevant to career goals;
7-12                 (2)  enables each student to develop preliminary
7-13     educational and career objectives based on the student's interests
7-14     and career goals;
7-15                 (3)  enables each student to develop a high school
7-16     graduation plan that includes the academic and career and
7-17     technology courses and the sequence of those courses that the
7-18     student should take to achieve educational and career goals; and
7-19                 (4)  ensures that each student's choices of academic
7-20     and career and technology courses will:
7-21                       (A)  permit the student to achieve the student's
7-22     postsecondary education and career goals; and
7-23                       (B)  provide the student with the education and
7-24     skills necessary to meet or exceed business or industry standards. 
7-25           SECTION 9.  Subchapter A, Chapter 28, Education Code, is
7-26     amended by adding Section 28.0021 to read as follows:
7-27           Sec. 28.0021.  COURSE SUBSTITUTION. The commissioner may
 8-1     permit a school district to substitute a career and technology
 8-2     course for a course in the required curriculum under Section 28.002
 8-3     if the commissioner determines that the courses are substantially
 8-4     identical.
 8-5           SECTION 10. Subchapter F, Chapter 29, Education Code, is
 8-6     amended by adding Section 29.1821 to read as follows:
 8-8     BOARD. (a)  The Career and Technology Education Advisory Board
 8-9     consists of seven members appointed by the commissioner.
8-10           (b)  The board must include:
8-11                 (1)  one representative from the agency;
8-12                 (2)  one representative from the Texas Workforce
8-13     Commission;
8-14                 (3)  two members of the State Board for Career and
8-15     Technology Education who represnt the business and industry
8-16     community on that board; and
8-17                 (4)  three other members, as determined by the
8-18     commissioner.
8-19           (c)  A member of the board serves without compensation and at
8-20     the pleasure of the commissioner.
8-21           (d)  The board shall assist:
8-22                 (1)  the agency in developing the state plan for career
8-23     and technology education required under Section 29.182; and
8-24                 (2)  on request, school districts in developing career
8-25     and technology programs under this subchapter.
8-26           SECTION 11. Subchapter F, Chapter 29, Education Code, is
8-27     amended by adding Section 29.187 to read as follows:
 9-2     AND TECHNOLOGY EDUCATION; PROGRAM. (a)  In addition to the
 9-3     authority granted under Section 29.183, the board of trustees of a
 9-4     school district may develop and offer a program under which a
 9-5     student may:
 9-6                 (1)  receive specific education in a career and
 9-7     technology profession that:
 9-8                       (A)  leads to postsecondary education; or
 9-9                       (B)  meets or exceeds business or industry
9-10     standards; and
9-11                 (2)  obtain from the district an award for
9-12     distinguished achievement in career and technology education and a
9-13     stamp or other notation on the student's transcript that indicates
9-14     receipt of the award.
9-15           (b)  An award granted under this section is not in lieu of a
9-16     diploma or certificate of coursework completion issued under
9-17     Section 28.025.
9-18           (c)  In developing a program under this section, the board of
9-19     trustees of a school district shall consider the state plan for
9-20     career and technology education required under Section 29.182.
9-21           (d)  The board of trustees of a school district may contract
9-22     with an entity listed in Section 29.184(a) for assistance in
9-23     developing the program or providing instruction to district
9-24     students participating in the program.
9-25           (e)  The board of trustees of a school district may also
9-26     contract with a local business, a local institution of higher
9-27     education, or a local workforce development board for assistance in
 10-1    developing or operating a program under this section.  A program
 10-2    may provide education in areas of technology unique to the local
 10-3    area.
 10-4          (f)  The board of trustees of a school district may provide
 10-5    insurance to protect a business that contracts with the district
 10-6    under Subsection (e) against liability for a bodily injury
 10-7    sustained by or the death of a district student while working for
 10-8    the business as part of a program established under this section.
 10-9    The amount of insurance the district provides must be reasonable
10-10    considering the financial condition of the district.  The insurance
10-11    must be:
10-12                (1)  obtained from a reliable insurer authorized to
10-13    engage in business in the state; and
10-14                (2)  submitted on a form approved by the commissioner
10-15    of insurance.
10-16          (g)  The board of trustees of a school district must submit a
10-17    proposed program under this section to the commissioner in
10-18    accordance with criteria established by the commissioner.
10-19          (h)  To the extent that funds appropriated for that purpose
10-20    are available, a school district is entitled to receive $1,000 for
10-21    each district student who receives an award under this section.
10-22    The commissioner shall adopt rules necessary to administer this
10-23    subsection.
10-24          (i)  The board of trustees of a school district shall include
10-25    in the annual performance report required under Section 39.053 a
10-26    statement of the number of awards granted under this section during
10-27    the school year.
 11-1          SECTION 12. Subchapter F, Chapter 29, Education Code, is
 11-2    amended by adding Section 29.188 to read as follows:
 11-4    EDUCATION PROGRAM. The governor is encouraged to present a
 11-5    proclamation or certificate to each member of the business and
 11-6    industry community that the Texas Workforce Commission, in
 11-7    cooperation with the agency, determines has successfully assisted
 11-8    in the provision of a career and technology education program under
 11-9    this subchapter.
11-10          SECTION 13. Section 61.077(b), Education Code, is amended to
11-11    read as follows:
11-12          (b)  The purposes of this committee shall include the
11-13    following:
11-14                (1)  to advise the two boards on the coordination of
11-15    postsecondary career and technology education and the articulation
11-16    between postsecondary career and technology education and secondary
11-17    career and technology education;
11-18                (2)  to facilitate the transfer of responsibilities for
11-19    the administration of postsecondary career and technology education
11-20    from the State Board of Education to the board in accordance with
11-21    Section 111(a)(I) of the Carl D. Perkins Vocational Education Act,
11-22    Public Law 98-524;
11-23                (3)  to advise the [State Board of Education, when it
11-24    acts as the] State Board for Career and Technology Education[,] on
11-25    the following:
11-26                      (A)  the transfer of federal funds to the board
11-27    for allotment to eligible public postsecondary institutions of
 12-1    higher education;
 12-2                      (B)  the career and technology education funding
 12-3    for projects and institutions as determined by the board when the
 12-4    State Board for Career and Technology Education is required by
 12-5    federal law to endorse such determinations;
 12-6                      (C)  the development and updating of the state
 12-7    plan for career and technology education and the evaluation of
 12-8    programs, services, and activities of postsecondary career and
 12-9    technology education and such amendments to the state plan for
12-10    career and technology education as may relate to postsecondary
12-11    education;
12-12                      (D)  other matters related to postsecondary
12-13    career and technology education; and
12-14                      (E)  the coordination of curricula, instructional
12-15    programs, research, and other functions as appropriate, including
12-16    areas listed in Section 61.076 of this code, school-to-work and
12-17    school-to-college transition programs, and professional development
12-18    activities; and
12-19                (4)  to advise the Council on Workforce and Economic
12-20    Competitiveness on educational policy issues related to workforce
12-21    preparation.
12-22          SECTION 14.  Section 41.123, Education Code, is amended to
12-23    read as follows:
12-24          Sec. 41.123.  WADA COUNT.  For purposes of Chapter 42,
12-25    students served under an agreement under this subchapter are
12-26    counted only in the weighted average daily attendance of the
12-27    district providing the services, except that students served under
 13-1    an agreement authorized by Section 41.125 are counted in a manner
 13-2    determined by the commissioner.
 13-3          SECTION 15.  Subchapter E, Chapter 41, Education Code, is
 13-4    amended by adding Section 41.125 to read as follows:
 13-5          Sec. 41.125.  CAREER AND TECHNOLOGY EDUCATION PROGRAMS.  (a)
 13-6    The board of trustees of a school district with a wealth per
 13-7    student that exceeds the equalized wealth level may reduce the
 13-8    district's wealth per student by executing an agreement to provide
 13-9    students of one or more other districts with career and technology
13-10    education through a program designated as an area program for
13-11    career and technology education.
13-12          (b)  The agreement is not effective unless the commissioner
13-13    certifies that:
13-14                (1)  implementation of the agreement will not result in
13-15    any of the affected districts' wealth per student being greater
13-16    than the equalized wealth level; and
13-17                (2)  the agreement requires the district with a wealth
13-18    per student that exceeds the equalized wealth level to make
13-19    expenditures benefiting students from other districts in an amount
13-20    at least equal to the amount that would be required for the
13-21    district to purchase the number of attendance credits under
13-22    Subchapter D necessary, in combination with any other actions taken
13-23    under this chapter other than an action under this section, to
13-24    reduce the district's wealth per student to a level that is equal
13-25    to or less than the equalized wealth level.
13-26          (c)  The board of trustees of the school district shall
13-27    obtain voter approval of the agreement in the manner provided by
 14-1    Section 41.122, except that the ballot shall be printed to permit
 14-2    voting for or against the proposition: "Authorizing the board of
 14-3    trustees of _________ School District to provide career and
 14-4    technology education to students of other school districts with
 14-5    local tax revenues."
 14-6          SECTION 16. Subchapter D, Chapter 301, Labor Code, is amended
 14-7    by adding Section 301.0611 to read as follows:
 14-8          Sec. 301.0611.  COORDINATION OF CERTAIN AWARDS AND
 14-9    INCENTIVES. The commission, in cooperation with the Texas Education
14-10    Agency, the comptroller, and the Texas Higher Education
14-11    Coordinating Board, shall prepare and make available to the public
14-12    a list of all awards and incentives available for business
14-13    participation in:
14-14                (1)  a school district's career and technology
14-15    education program under Subchapter F, Chapter 29, Education Code;
14-16    or
14-17                (2)  any other career and technology education
14-18    training.
14-19          SECTION 17. Section 303.003(b), Labor Code, is amended to
14-20    read as follows:
14-21          (b)  The skills development fund may be used by public
14-22    community and technical colleges, community-based organizations,
14-23    and the Texas Engineering Extension Service as start-up or
14-24    emergency funds for the following job-training purposes:
14-25                (1)  developing customized training programs for
14-26    businesses and trade unions;  [and]
14-27                (2)  sponsoring small and medium-sized business
 15-1    networks and consortiums; and
 15-2                (3)  providing career and technology education and
 15-3    training.
 15-4          SECTION 18. Section 481.155, Government Code, is amended by
 15-5    adding Subsection (j) to read as follows:
 15-6          (j)  A provider may apply for a grant under this subchapter
 15-7    to provide career and technology education training.  A provider
 15-8    may request a modification of the requirements imposed by this
 15-9    subchapter, if reasonable factors exist for the modification, as
15-10    determined by the executive director.  A provider is treated as an
15-11    employer for purposes of this section.
15-12          SECTION 19. Section 481.156(a), Government Code, is amended
15-13    to read as follows:
15-14          (a)  The following may apply for a grant under this
15-15    subchapter:
15-16                (1)  one or more employers to secure training;
15-17                (2)  one or more employers acting in partnership with
15-18    an employer organization, labor organization, or community-based
15-19    organization to secure training;  [or]
15-20                (3)  one or more employers acting in partnership with a
15-21    consortium composed of more than one provider to secure training;
15-22    or
15-23                (4)  a provider, to the extent consistent with Section
15-24    481.155.
15-25          SECTION 20. (a)  Not later than March 1, 2002, the State
15-26    Board of Education shall identify the essential knowledge and
15-27    skills of career and technology education as necessary for each
 16-1    school district in this state to implement the requirements
 16-2    prescribed by Section 28.002(d), Education Code, as amended by this
 16-3    Act.
 16-4          (b)  Beginning with the 2002-2003 school year, each school
 16-5    district shall provide a career and technology education curriculum
 16-6    in accordance with the requirements prescribed by Section
 16-7    28.002(d), Education Code, as amended by this Act, and by State
 16-8    Board of Education rule.
 16-9          SECTION 21. Not later than October 1, 2001, the commissioner
16-10    of education shall appoint additional members to the State Board
16-11    for Career and Technology Education in compliance with Section
16-12    7.109(a), Education Code, as amended by this Act.
16-13          SECTION 22.  This Act takes effect September 1, 2001, except
16-14    that Sections 1, 4, 5, 9, and 11 take effect immediately and apply
16-15    beginning with the 2001-2002 school year if this Act receives a
16-16    vote of two-thirds of all the members elected to each house, as
16-17    provided by Section 39, Article III, Texas Constitution.  If this
16-18    Act does not receive the vote necessary for immediate effect,
16-19    Sections 1, 4, 5, 9, and 11 take effect September 1, 2001.