SRC-AMY C.S.S.B. 112 78(R)    BILL ANALYSIS


Senate Research CenterC.S.S.B. 112
78R8264 BDH-DBy: Van de Putte
Education
3/11/2003
Committee Report (Substituted)

DIGEST AND PURPOSE 

Currently, the Texas education system prepares students well for a
secondary degree, however,  many students to not attend college or
university, or attend but do not graduate with a secondary degree. The
focus on preparation for a secondary education prevents students from
entering directly into the workforce prepared for today's job market,
including high-wage, technical jobs.  C.S.S.B. 112 authorizes the State
Board of Education to develop and implement a plan for career and
technology education, and expands the role of business representatives in
district and planning committees. C.S.S.B. 112 also allows for
partnerships between wealthy and poor districts to serve multiple areas,
for school boards to recognize students' achievement in career and
technology programs, and for incentives for businesses' participation in
the programs. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the State Board of Education
in SECTION 2 (Section 28.002, Education Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 11.251(b), Education Code, by including
business representatives in the list referring to groups which are
required to be represented on committees relating to career and technology
education and training.  Makes conforming and nonsubstantive changes. 

SECTION 2.  Amends Section 28.002, Education Code, by adding Subsection
(n) to authorize the State Board of Education to develop and implement, by
rule, a plant to incorporate foundation curriculum requirements into the
career and technology education curriculum under Subsection (a)(2)(F)
(referring to required career and technology enrichment curriculum). 

SECTION 3.  Amends Chapter 29F, Education Code, by adding Section 29.187,
as follows: 

Sec 29.187.  AWARD FOR DISTINGUISHED ACHIEVEMENT IN CAREER AND TECHNOLOGY
EDUCATION; PROGRAM.  (a) Authorizes the board of trustees of a school
district, in addition to the authority granted under Section 29.183
(Career and Technology and other Education Programs), to develop and offer
a program, that provides a rigorous course of study consistent with
required curriculum under Section 28.002 (Required Curriculum), under
which a student may receive specific education in a career and technology
profession which meets certain criteria and obtain an award, from a school
district, for distinguished achievement in career and technology education
and a stamp or other notation on the student's transcript that indicates
receipt of the award. 

(b) Provides that an award granted under this section is not in lieu of a
diploma or certificate of coursework completion issued under Section
28.025 (High School Diploma and Certificate; Academic). 

(c) Requires a board of trustees of a school district, in developing a
program under this section, to consider the state plan for career and
technology education required under  Section 29.182 (State Plan for Career
and Technology Education). 

(d) Authorizes a board of trustees of a school district to contract with
an entity listed in Section 29.184(a) for assistance in developing the
program or providing instruction to district students participating in the
program. 

(e)  Authorizes a board of trustees of a school district to also contract
with a local business or a local institution of higher education for
assistance in developing or operating a program under this section.
Authorizes a program to provide education in areas of technology unique to
the local area. 

(f)  Authorizes a board of trustees of a school district to provide
insurance to protect a business that contracts with the district under
Subsection (e) against liability for a bodily injury sustained by or the
death of a district student while working for the business as part of a
program established under this section.  Requires the board to notify the
parent or guardian of each student working for a business if the board
provides insurance to the business under this subsection.  Requires the
amount of insurance the district provides to be reasonable considering the
financial condition of the district. Requires the insurance to meet
certain requirements regarding the insurer and submission. 

(g) Provides that if a business that contracts with a district under
Subsection (e) obtains any insurance related to the student, other than
liability insurance, any proceeds thereof must be used for the benefit of
the student and the student's family. 

(h) Requires a board of trustees of a school district to submit a proposed
program under this section to the commissioner of education in accordance
with criteria established by the commissioner.  

SECTION 4.  Amends Chapter 29F, Education Code, by adding Section 29.188,
as follows: 

Sec. 29.188.  RECOGNITION OF SUCCESSFUL CAREER AND TECHNOLOGICAL EDUCATION
PROGRAM.  Provides that the governor is encouraged to present a
proclamation or certificate to each member of the business and industry
community that the Texas Workforce Commission (TWC), in cooperation with
the TEA, determines has successfully assisted in the provision of a career
and technology education program under this subchapter. 

SECTION 5.  Amends Section 41.122(a), Education Code, to exempt agreements
under Section 41.125 (Career and Technology Education Programs) from the
requirement that the board of trustees of a district that will be
educating nonresident students to order and conduct an election to obtain
voter approval of the agreement.  

SECTION 6.  Makes a conforming change to Section 41.123, Education Code,
regarding Section 41.125, Education Code. 

SECTION 7.  Amends Chapter 41E, Education Code, by adding Section 41.125,
as follows: 

Sec. 42.125.  CAREER AND TECHNOLOGY EDUCATION PROGRAMS.  (a) Authorizes
the board of trustees of a school district with a wealth per student that
exceeds the equalized level to reduce the district's wealth per student by
executing an agreement to provide students of one or more other districts
with career and technology education through a program designated as an
area program for career and technology education. 

(b) Provides that the agreement is not effective unless the commissioner
certifies certain  requirements. 

SECTION 8.  Amends Section 61.077(b), Education Code, by requiring the
Joint Advisory Committee (committee) to cooperate with the commissioner of
higher education and the State Board of Education, when it acts as the
State Board for Career and Technology Education on certain issues. Makes a
nonsubstantive change. 

SECTION 9.  Amends Chapter 301D, Labor Code, by adding Section 301.0611,
as follows: 

Sec. 301.0611.  COORDINATION OF CERTAIN AWARDS AND INCENTIVES. Requires
TWC, the comptroller of public accounts of the State of Texas, and the
Texas Higher Education Coordinating Board (THECB) to prepare and make
available to the public a list of all awards and incentives available for
business participation in certain activities regarding a career and
technology education program. 

SECTION 10.  Provides that it is the intent of the legislature that public
schools provide career and technology education by teaching fundamental
academic skills and providing practical, hands-on learning experiences in
order to prepare students for postsecondary educational opportunities and
highskill, high-wage employment opportunities and should not include
mandatory career-tracking for students or result in professional
certification instead of receipt of a high school diploma.  

SECTION 11.  Provides that this Act takes effect September 1, 2003, except
that Sections 1 and 3 take effect immediately and apply beginning with the
2003-2004 school year if this Act recieves a vote of two-thirds of all the
members elected to each house, as provided by Section 39, Article III,
Texas Constitution.  Provides that if this Act does not receive the vote
necessary for immediate effect, Sections 1 and 3 take effect September 1,
2003.   

SUMMARY OF COMMITTEE CHANGES

Differs from the original in SECTION 1 by deleting references to industry
and industry representatives.  

Differs from the original in SECTION 2 by deleting the original SECTION 2
and adding new text regarding the State Board of Education's rulemaking
authority. 

Differs from the original in SECTION 3 by specifying that the program
provide a rigorous course of study consistent with required curriculum and
including as Subdivision (g) the requirement that if a business receives
any proceeds from insurance, other than liability insurance, related to
the student those benefits must used for the benefit of the student and
the student's family. Redesignates the original Subdivision (g) as
Subdivision (h). 

Differs from the original in SECTION 5 by inserting new text exempting
career and technology education programs and consequently redesignates
original SECTIONS 5 -10 as SECTIONS 6 - 11.  

Differs from the original in SECTION 7 by deleting proposed Section
41.125(c) referring to a requirement for voter approval. 

Differs from the original in SECTION 8 by deleting a reference to the
Career and Technology Education Advisory Board as one of the entities with
which the joint advisory committee intends to cooperate on certain issues.