2005S0517-1 03/09/05
By: Shapiro S.B. No. 1395
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of high school diploma programs by
Job Corps programs under the United States Department of Labor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 2, Education Code, is amended
by adding Chapter 18 to read as follows:
CHAPTER 18. JOB CORPS DIPLOMA PROGRAM
Sec. 18.001. DEFINITIONS. In this chapter:
(1) "Job Corps" means any corporate entity authorized
to do business in the state and currently under contract with the
United States Department of Labor to operate a Job Corps training
program under the Workforce Investment Act of 1998 (29 U.S.C.
Section 2801 et seq.).
(2) "Job Corps diploma program" or "program" means a
limited-purpose public school high school diploma program
established and operated under this chapter.
Sec. 18.002. ESTABLISHMENT. A Job Corps diploma program
may establish a limited-purpose high school diploma program to
operate public secondary schools at Job Corps facilities throughout
the state. A high school diploma program established by a Job Corps
diploma program shall be an entity that is separate and distinct
from the United States Department of Labor. A Job Corps diploma
program may offer a secondary school curriculum, a Texas high
school diploma program, and a General Educational Development
program.
Sec. 18.003. GOALS OF JOB CORPS DIPLOMA PROGRAMS. The goals
of a Job Corps diploma program are to:
(1) serve at-risk students who have not been
successful in a traditional school setting;
(2) increase student success rates in obtaining and
maintaining employment; and
(3) decrease future societal costs by offering a high
school diploma program to students who would benefit from Job Corps
academic and vocational programs.
Sec. 18.004. GOVERNANCE; LIMITATION ON POWERS; DUTIES.
(a) A Job Corps diploma program shall be governed as provided by
this chapter and policies established by the Job Corps. Unless
otherwise provided by this chapter, a provision of this code
applying to school districts does not apply to a Job Corps diploma
program.
(b) A Job Corps diploma program may not impose a tax.
(c) A Job Corps diploma program shall:
(1) develop educational programs specifically
designed for persons eligible for enrollment in a Job Corps diploma
program established by the United States Department of Labor;
(2) coordinate educational programs and services in
the program with those provided by the United States Department of
Labor and other federal and state agencies and local political
subdivisions and by persons who provide programs and services under
contract with the United States Department of Labor;
(3) provide a course of instruction under Subchapter
A, Chapter 28; and
(4) require that students enrolled in the program
satisfy the requirements of Section 39.025 before receiving a
diploma under this chapter.
Sec. 18.005. ELIGIBILITY FOR CERTAIN PROGRAMS AND SERVICES.
(a) Any person enrolled in good standing in a Job Corps diploma
program who is not a high school graduate is eligible for programs
or services under this chapter.
(b) Only students between the ages of 16 and 21 who are not
high school graduates may participate in programs or receive
services under this chapter that are paid for with money from the
foundation school fund as provided under Section 18.007.
(c) Eligibility for programs and services under this
chapter does not exclude a person from being eligible for an
educational program or service under any other chapter of this
code.
Sec. 18.006. GRANTS AND FEDERAL FUNDS. (a) A Job Corps
diploma program may accept a grant from a public or private
organization and may spend those funds to supplement programs and
provide student services.
(b) A program may accept federal funds and shall use those
funds in compliance with applicable federal law, regulations, and
guidelines.
Sec. 18.007. ALLOCATION OF COSTS. (a) Except as
authorized by Section 18.005 and this section, a Job Corps diploma
program shall pay the cost of operating its high school diploma
program.
(b) The educational program costs for persons eligible
under Section 18.005 shall be paid in part from the foundation
school fund. For this purpose, a Job Corps diploma program is
entitled to receive school funding under Chapter 42 as if the
program were a school district without a tier one local share and
without any local revenue. The amount to be paid from the
foundation school fund shall be limited to the state accreditation
allotment per average daily attendance. No other state education
funds shall be allocated to a program.
(c) In addition to money from the foundation school fund, a
Job Corps diploma program may receive appropriated money from other
state and federal sources to supplement its educational programs.
(d) The operating costs of a program may not be charged to
another school district.
(e) A program may participate in the textbook program under
Chapter 31.
Sec. 18.008. PROGRAM EMPLOYEES. (a) Job Corps diploma
program employees are not considered employees of the state except
as provided by this section. A program may establish personnel
policies as necessary to ensure its effective and efficient
operation under this chapter.
(b) A program employee required under Subchapter B, Chapter
21, to hold a certificate must be certified in accordance with that
chapter.
SECTION 2. Subsection (b), Section 1.001, Education Code,
is amended to read as follows:
(b) Except as provided by Chapter 18, Chapter 19, Subchapter
A, Chapter 29, or Subchapter E, Chapter 30, this code does not apply
to students, facilities, or programs under the jurisdiction of the
[Texas] Department of Aging [Mental Health] and Disability Services
[Mental Retardation], the Texas Youth Commission, [the Texas
Department of Human Services,] the Texas Department of Criminal
Justice, a Job Corps program operated by the United States
Department of Labor, or any juvenile probation agency.
SECTION 3. Subsection (a), Section 25.086, Education Code,
is amended to read as follows:
(a) A child is exempt from the requirements of compulsory
school attendance if the child:
(1) attends a private or parochial school that
includes in its course a study of good citizenship;
(2) is eligible to participate in a school district's
special education program under Section 29.003 and cannot be
appropriately served by the resident district;
(3) has a physical or mental condition of a temporary
and remediable nature that makes the child's attendance infeasible
and holds a certificate from a qualified physician specifying the
temporary condition, indicating the treatment prescribed to remedy
the temporary condition, and covering the anticipated period of the
child's absence from school for the purpose of receiving and
recuperating from that remedial treatment;
(4) is expelled in accordance with the requirements of
law in a school district that does not participate in a mandatory
juvenile justice alternative education program under Section
37.011;
(5) is at least 17 years of age and:
(A) is attending a course of instruction to
prepare for the high school equivalency examination, and:
(i) has the permission of the child's parent
or guardian to attend the course;
(ii) is required by court order to attend
the course;
(iii) has established a residence separate
and apart from the child's parent, guardian, or other person having
lawful control of the child; or
(iv) is homeless as defined by 42 U.S.C.
Section 11302; or
(B) has received a high school diploma or high
school equivalency certificate;
(6) is at least 16 years of age and is attending a
course of instruction to prepare for the high school equivalency
examination or is enrolled in a high school diploma program under
Chapter 18, if:
(A) the child is recommended to take the course
of instruction by a public agency that has supervision or custody of
the child under a court order; or
(B) the child is enrolled in a Job Corps training
program under the Job Training Partnership Act (29 U.S.C. Section
1501 et seq.), and its subsequent amendments;
(7) is enrolled in the Texas Academy of Mathematics
and Science;
(8) is enrolled in the Texas Academy of Leadership in
the Humanities; or
(9) is specifically exempted under another law.
SECTION 4. Chapter 18, Education Code, as added by this Act,
applies beginning with the 2005-2006 school year.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.