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.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
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:
2-14 Sec. 7.109. SERVICE ON [DESIGNATION AS] STATE BOARD FOR
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:
6-18 Sec. 21.051. OPTIONS FOR FIELD EXPERIENCE AND INTERNSHIPS.
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:
8-7 Sec. 29.1821. CAREER AND TECHNOLOGY EDUCATION ADVISORY
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:
9-1 Sec. 29.187. AWARD FOR DISTINGUISHED ACHIEVEMENT IN CAREER
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:
11-3 Sec. 29.188. RECOGNITION OF SUCCESSFUL CAREER AND TECHNOLOGY
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.