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78R4108 JSA-D

By:  Solis                                                        H.B. No. 2791


A BILL TO BE ENTITLED
AN ACT
relating to the administration of the Texas Tech-Prep Program. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 61.851, Education Code, as added by Chapter 1422, Acts of the 76th Legislature, Regular Session, 1999, is amended by adding Subdivisions (5) and (6) to read as follows: (5) "Tech-prep high school graduate" means a student who has: (A) completed the curriculum requirements established under Section 28.025 for the recommended or advanced high school program; (B) met all state and local high school graduation requirements; and (C) completed two or more college-level career or technology courses for at least three semester credit hours' combined credit, each of which is a statewide-articulated course, a locally articulated course, or a dual or concurrent enrollment course. (6) "Postsecondary tech-prep graduate" means a tech-prep high school graduate who has completed a college or university program in a career field, as determined by the board, including engineering technology, applied science, mechanical, industrial, or practical art or trade, agriculture, health occupations, business, or applied economics. SECTION 2. Subchapter T, Chapter 61, Education Code, as added by Chapter 1422, Acts of the 76th Legislature, Regular Session, 1999, is amended by adding Section 61.8511 to read as follows: Sec. 61.8511. PURPOSE OF TECH-PREP. (a) Tech-prep is an educational program that combines educational reform and innovation with economic development. (b) In a tech-prep program, students take rigorous academic course work and college-level career and technology courses that give the students a head start on higher education and the foundation necessary to continue to pursue a postsecondary education or enter the workforce. SECTION 3. Section 61.852, Education Code, as added by Chapter 1422, Acts of the 76th Legislature, Regular Session, 1999, is amended by adding Subsections (c) and (d) to read as follows: (c) Public secondary schools and institutions of higher education are encouraged to use statewide-articulated courses, locally articulated courses, and dual or concurrent enrollment courses, as well as advanced placement courses, in tech-prep programs to provide postsecondary credit for students. All statewide-articulated and locally articulated courses and dual or concurrent enrollment courses shall be transcribed by participating junior and technical colleges through systems in place on their campuses, utilizing, for statewide-articulated courses, data from the automated system established by the Texas Education Agency and the board. (d) A tech-prep articulation agreement must require: (1) a participating student to complete the curriculum requirements established under Section 28.025 for the recommended or advanced high school program; (2) a participating student to earn three or more high school credits in statewide-articulated or locally articulated courses or dual or concurrent enrollment courses taught by high school teachers who have completed appropriate instruction in tech-prep, articulation, the manner in which students may claim credit for those courses at colleges and universities, and subject-specific instruction; and (3) a participating postsecondary institution to accept for course credit all high school-articulated courses completed by a participating student at the agreed performance standard. SECTION 4. Section 61.853, Education Code, as added by Chapter 1422, Acts of the 76th Legislature, Regular Session, 1999, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows: (a) Tech-prep in Texas is conducted through the 26 regional tech-prep consortia participating in tech-prep as of January 1, 2003. Each tech-prep consortium serves the region served by the consortium as of that date, except that territory may be moved from one region to another with the consent of the affected tech-prep consortia and the board. (a-1) Each regional tech-prep consortium is governed by a governing board composed of private sector and public sector leaders in the ratio agreed to by the participants in the consortium. A consortium at local option may consolidate governing board members and staff with an eligible local entity to achieve administrative efficiencies and operational coordination. The combined entity shall maintain a proper separation of funds and comply with all applicable legal requirements involving the use of separate funds. SECTION 5. Sections 61.854(a) and (c), Education Code, as added by Chapter 1422, Acts of the 76th Legislature, Regular Session, 1999, are amended to read as follows: (a) In each fiscal year, the board, as the agent of the Texas Education Agency, shall allot the federal tech-prep implementation money this state receives and any additional state or federal money received, designated, or appropriated to support implementation of articulated secondary-postsecondary programs to the regional tech-prep consortia for regional administration according to regionally developed plans designed to meet federal, state, and regional goals. The board shall allot the money to tech-prep consortia in accordance with a formula adopted by the board, after a public hearing and in consultation with interested state entities and local consortia, that addresses the differing needs of the consortia due to urban or rural populations, special populations, number of tech-prep programs and students, and other factors determined by the board. (c) If a tech-prep consortium has a completed application on file under Subsection (b), the board shall reimburse [make a payment in the amount of the consortium's allotment under Subsection (a) to] the consortium's fiscal agent in an amount not to exceed the annual allotment approved for the consortium under Subsection (a). SECTION 6. Section 61.855, Education Code, as added by Chapter 1422, Acts of the 76th Legislature, Regular Session, 1999, is amended by amending Subsections (b), (c), and (d) and adding Subsection (g) to read as follows: (b) To be eligible for a grant, a tech-prep consortium must be composed of: (1) a local educational agency, intermediate educational agency, area vocational and technical education school serving secondary school students, or a secondary school funded by the Bureau of Indian Affairs; [and] (2) one of the following institutions of higher education: (A) a nonprofit institution of higher education that offers: (i) a two-year associate degree program or a two-year certificate program and that is qualified as a junior college or technical college to award associate degrees under Chapter 130 or 135, including an institution receiving assistance under the Tribally Controlled Community College Assistance Act of 1978 (25 U.S.C. Section 1801 et seq.) and its subsequent amendments as a tribally controlled postsecondary vocational or technical institution; or (ii) a two-year apprenticeship program that follows secondary instruction, if the nonprofit institution of higher education is not prohibited from receiving assistance under Part B, Title IV, of the Higher Education Act of 1965 (20 U.S.C. Section 1071 et seq.) and its subsequent amendments as provided by Section 435(a) of that Act (20 U.S.C. Section 1085(a)) and its subsequent amendments; or (B) a proprietary institution of higher education that offers a two-year associate degree program and that: (i) is qualified as an institution of higher education under Section 102 of the Higher Education Act of 1965 (20 U.S.C. Section 1002) and its subsequent amendments; and (ii) is not subject to a default management agreement plan required by the United States secretary of education;[. [(c) In addition to entities described by Subsection (b), a tech-prep consortium may include:] (3) [(1)] an institution of higher education that awards a baccalaureate degree; and (4) one or more [(2)] employers, employee representatives, or labor organizations. (d) A tech-prep program must: (1) be implemented under an articulation agreement between the participants in the consortium; (2) consist of two to four years of secondary school preceding graduation and: (A) two or more years of higher education; or (B) two or more years of apprenticeship following secondary instruction; (3) have a common core of required proficiency based on the recommended high school program adopted by the State Board of Education under Section 28.025(a), with proficiencies in mathematics, science, reading, writing, communications, and technologies designed to lead to an associate's degree or postsecondary certificate in a specific career field; (4) include, in high school, two or more career and technology courses for a total of at least three high school credits, selected from statewide-articulated and locally articulated courses and dual or concurrent enrollment courses; (5) include the development of tech-prep program curricula for both secondary and postsecondary participants in the consortium that: (A) meets academic standards developed by the state; (B) links secondary schools and two-year postsecondary institutions, and, if practicable, four-year institutions of higher education through nonduplicative sequences of courses in career fields, including the investigation of opportunities for tech-prep students to enroll concurrently in secondary and postsecondary course work; (C) uses, if appropriate and available, work-based or worksite learning in conjunction with business and all aspects of an industry; and (D) uses educational technology and distance learning, as appropriate, to involve each consortium participant more fully in the development and operation of programs; (6) [(5)] include in-service training for teachers that: (A) is designed to train teachers in academic courses and vocational and technical teachers to effectively implement tech-prep programs; (B) provides for joint training for teachers in the tech-prep consortium; (C) is designed to ensure that teachers and administrators stay current with the needs, expectations, and methods of business and of all aspects of an industry; (D) focuses on training postsecondary education faculty in the use of contextual and applied curricula and instruction; and (E) provides training in the use and application of technology; (7) [(6)] include training programs for counselors designed to enable counselors to more effectively: (A) provide information to students regarding tech-prep programs; (B) support student progress in completing tech-prep programs; (C) provide information on related employment opportunities; (D) ensure that tech-prep students are placed in appropriate employment; and (E) stay current with the needs, expectations, and methods of business and of all aspects of an industry; (8) [(7)] provide equal access to the full range of tech-prep programs for individuals who are members of special populations, including by the development of tech-prep program services appropriate to the needs of special populations; and (9) [(8)] provide for preparatory services that assist participants in tech-prep programs. (g) The commissioner of education and the commissioner of higher education shall ensure that records relating to student performance held by the Texas Education Agency and the board are coordinated and maintained in standardized, compatible formats that permit the exchange of information between the agencies regarding individual students' courses taken to facilitate the transcribing of credits for statewide-articulated and locally articulated courses, dual or concurrent enrollment courses, and advanced placement courses, at the college level. SECTION 7. Subchapter T, Chapter 61, Education Code, as added by Chapter 1422, Acts of the 76th Legislature, Regular Session, 1999, is amended by adding Section 61.858 to read as follows: Sec. 61.858. EVALUATION OF PROGRAMS. (a) The board at least biennially shall evaluate each tech-prep program as provided by this section. (b) For purposes of evaluating a tech-prep program, the board shall identify those students who are postsecondary tech-prep graduates of the program, and the commissioner of education shall identify tech-prep high school graduates of the program from the course-completion data in the public education information management system. (c) In the evaluation, the performance of tech-prep high school graduates on the indicators adopted under Section 39.051(b) shall be compared to state-established standards for those indicators and to the performance of non-tech-prep high school graduates. The evaluation shall also compare the change in the performance of tech-prep high school graduates on each of those indicators from one school year to the next. The indicators must be based on information that is disaggregated with respect to performance on eighth-grade assessment instruments required under Section 39.023, and for race, ethnicity, sex, and socioeconomic status, and must include: (1) student performance on assessment instruments under Sections 39.023(a) and (c), aggregated by grade level and subject area; (2) student dropout and attrition rates; (3) student attendance rates; (4) the percentage of graduating students who attain scores on the secondary exit-level assessment instruments required under Subchapter B, Chapter 39, that are equivalent to a passing score on the test required by Section 51.306; (5) the percentage of graduating students who completed the curriculum requirements established under Section 28.025 for the recommended or advanced high school program and additional course work beyond that curriculum; (6) student performance on the Scholastic Assessment Test (SAT) and the American College Test (ACT); (7) the number of students participating in articulated postsecondary degree programs described by Section 61.852; (8) the percentage of students taking and passing end-of-course assessment instruments under Section 39.023(d); (9) the percentage of students exempt, by exemption category, from the assessment program generally applicable under Subchapter B, Chapter 39; (10) the percentage of tech-prep students entering postsecondary programs in two-year and four-year institutions of higher education; (11) the retention rates of tech-prep students enrolled in postsecondary programs in institutions of higher education; (12) labor market participation patterns and earnings of tech-prep high school graduates and postsecondary tech-prep graduates; and (13) any other indicator adopted by the board or by the State Board of Education. SECTION 8. The change in law made by this Act does not affect the validity of a tech-prep program or articulation agreement in effect on the effective date of this Act or the eligibility of a tech-prep consortium to receive a grant awarded before the effective date. SECTION 9. This Act takes effect September 1, 2003.