81R2574 CAS-D
 
  By: Swinford H.B. No. 2812
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the curriculum, funding, promotion, and economic impact
  of career and technology education in public educational
  institutions.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 28, Education Code, is
  amended by adding Section 28.00221 to read as follows:
         Sec. 28.00221.  CAREER AND TECHNOLOGY EDUCATION CURRICULUM
  EVALUATION COMMITTEE. (a) The Career and Technology Education
  Curriculum Evaluation Committee is composed of:
               (1)  the commissioner of education;
               (2)  the commissioner of higher education;
               (3)  the comptroller;
               (4)  the executive director of the Texas Workforce
  Commission; and
               (5)  an employee of the agency's career and technology
  education unit, appointed by the commissioner of education.
         (b)  The Career and Technology Education Curriculum
  Evaluation Committee shall:
               (1)  consult with and advise the State Board of
  Education concerning a rigorous career and technology education
  curriculum;
               (2)  determine the courses for each subject of the
  foundation curriculum that are required to be completed for the
  career and technology education curriculum recommended and
  advanced high school programs under Section 28.025(b-1)(1)(B)(ii);
               (3)  determine dual credit courses for career and
  technology students, as defined by Section 28.009, that satisfy
  requirements under Sections 28.009(a)(2) and
  28.025(b-1)(1)(B)(ii); and
               (4)  designate, in accordance with Section
  39.025(a-2), the licenses, certificates, and other credentials
  earned by students that are considered to be the equivalent of
  satisfactory performance on end-of-course assessment instruments.
         (c)  The commissioner of education and the commissioner of
  higher education serve as co-chairs of the committee.
         (d)  The committee shall meet at the call of the co-chairs.
         (e)  From funds appropriated to the committee, a member of
  the committee is entitled to reimbursement for actual and necessary
  expenses incurred in performing committee duties.
         (f)  Employees of the agency's career and technology
  education unit shall serve as the staff of the committee.
         SECTION 2.  Section 28.009(b), Education Code, is amended to
  read as follows:
         (b)  The agency shall coordinate with the Texas Higher
  Education Coordinating Board as necessary in administering this
  section. The agency shall coordinate with the Career and
  Technology Education Curriculum Evaluation Committee established
  under Section 28.00221 in designating dual credit courses under
  this section.
         SECTION 3.  Sections 28.025(b-1) and (b-2), Education Code,
  are amended to read as follows:
         (b-1)  The State Board of Education by rule shall require
  that:
               (1)  except as provided by Subsection (b-2), the
  curriculum requirements for the recommended and advanced high
  school programs under Subsection (a) include a requirement that
  students successfully complete:
                     (A)  four courses in each subject of the
  foundation curriculum under Section 28.002(a)(1); or
                     (B)  a career and technology education curriculum
  that:
                           (i)  provides, as determined by the board in
  consultation with the Career and Technology Education Curriculum
  Evaluation Committee established under Section 28.00221, a program
  of rigorous, standards-based course work designed to prepare
  students for obtaining a license, certificate, or other credential
  required for employment in a field of business or industry; and
                           (ii)  prescribes successful completion of
  courses in subjects of the foundation curriculum under Section
  28.002(a)(1), as determined by the Career and Technology Education
  Curriculum Evaluation Committee; and
               (2)  one or more courses offered in the required
  curriculum for the recommended and advanced high school programs
  include a research writing component.
         (b-2)  In adopting rules under Subsection (b-1), the State
  Board of Education shall allow a student to comply with the
  curriculum requirements for a mathematics course under Subsection
  (b-1)(1)(A) [(b-1)(1)] taken after the successful completion of an
  Algebra II course or science course under Subsection (b-1)(1)(A)
  [(b-1)(1)] taken after the successful completion of a physics
  course by successfully completing an advanced career and technology
  [technical] course designated by the State Board of Education as
  containing substantively similar and rigorous academic content.  A
  student may use the option provided by this subsection for not more
  than two courses.
         SECTION 4.  Section 28.0252(a), Education Code, is amended
  to read as follows:
         (a)  The commissioner may develop a standard method of
  computing a student's high school grade point average that provides
  for additional weight to be given to each honors course, advanced
  placement course, international baccalaureate course, or dual
  credit course completed by a student. If the commissioner develops
  the standard method under this subsection, the commissioner shall
  provide for including in a student's high school grade point
  average credit for each career and technology education course that
  is:
               (1)  successfully completed by the student; and
               (2)  approved by the Career and Technology Education
  Curriculum Evaluation Committee established under Section 28.00221
  or the State Board of Education, as applicable.
         SECTION 5.  Section 39.025, Education Code, is amended by
  adding Subsection (a-2) to read as follows:
         (a-2)  Notwithstanding Subsection (a) or any other provision
  of this code, the Career and Technology Education Curriculum
  Evaluation Committee established under Section 28.00221 shall
  designate at least one license, certificate, or other credential
  that, if earned by a student in connection with a particular course,
  is considered to be for all practicable purposes, including for
  purposes of earning a high school diploma, the equivalent of
  satisfactory performance on the end-of-course assessment
  instrument for that course. The committee also shall establish for
  purposes of Subsection (a) the score a student will be considered to
  have earned on the end-of-course assessment instrument for earning
  a license, certificate, or other credential designated by the
  committee. The committee may base the score in whole or in part on
  the score the student earns on an examination required for the
  license, certificate, or other credential. Earning a license,
  certificate, or credential is not considered the equivalent of
  answering particular questions on an end-of-course assessment
  instrument for purposes of Section 51.3062.
         SECTION 6.  Subchapter H, Chapter 39, Education Code, is
  amended by adding Section 39.186 to read as follows:
         Sec. 39.186.  REPORT ON EFFECT OF LAW AND RULES ON CAREER AND
  TECHNOLOGY EDUCATION ENROLLMENT. Not later than December 1 of each
  even-numbered year, the agency shall prepare and deliver to the
  governor, the lieutenant governor, the speaker of the house of
  representatives, each member of the legislature, and the clerks of
  the standing committees of the senate and house of representatives
  with primary jurisdiction over the public school system a report
  concerning the extent to which, if any, this code or a rule adopted
  under this code, including a standard method for computing a
  student's grade point average adopted by the commissioner under
  Section 28.0252, prevents or discourages a student from enrolling
  in a career and technology education course.
         SECTION 7.  Subchapter C, Chapter 61, Education Code, is
  amended by adding Section 61.0593 to read as follows:
         Sec. 61.0593.  INCENTIVE FUNDING FOR TECHNICAL EDUCATION
  PROGRAMS. (a)  Any funding appropriated or allocated for a public
  junior college, public state college, or public technical institute
  technical education program that is based on incentives, such as
  higher funding amounts for improved student academic performance,
  must include consideration of any economic benefit the program
  provides to the state. That consideration must be based on a
  cost-benefit analysis and determination by the board, on the basis
  of that analysis, of whether the state will benefit economically
  from investment in the program. In making a determination under
  this subsection, the board shall consider to be an economic benefit
  to the state a student's preparation, as a result of participation
  in a college or institute's technical education program, to enter
  the workforce, as measured by job placements of program
  participants.
         (b)  If any incentive funding for a public junior college,
  public state college, or public technical institute technical
  education program is based on the program completion rates by
  students, the board shall consider a student who withdraws from the
  program for employment related to the program to have completed the
  program.
         SECTION 8.  Subchapter C, Chapter 61, Education Code, is
  amended by adding Section 61.0663 to read as follows:
         Sec. 61.0663.  ECONOMIC IMPACT STUDY. (a)  To assess the
  economic benefits and preparation for employment provided by public
  institutions of higher education, the board shall identify students
  enrolled in the public education system and collect data on which
  postsecondary program, if any, the students enroll in and the type
  of employment the students obtain following completion of high
  school or the program, as applicable.
         (b)  The board, in consultation with the Texas Education
  Agency, the Texas Workforce Commission, and the comptroller, shall
  use the education and employment data collected under Subsection
  (a), and any additional relevant data, to assess the economic
  impact of secondary and postsecondary training and education. The
  information must be produced in a manner that:
               (1)  demonstrates patterns of postsecondary enrollment
  and employment placement;
               (2)  provides an assessment of the economic benefits of
  institutions of higher education and programs at those institutions
  to students and the state; and
               (3)  provides an assessment of the economic benefit of
  public education programs that prepare students who transition
  directly to postsecondary employment.
         (c)  The information produced under this section must be
  capable of electronic dissemination and made available to the
  public in a format that assists students in making decisions
  regarding education and career choices.
         (d)  This section does not authorize the disclosure of
  student information that may not be disclosed under the Family
  Educational Rights and Privacy Act of 1974 (20 U.S.C. Section
  1232g). The board, in conjunction with the commissioner of
  education, the comptroller, and the Texas Workforce Commission,
  shall adopt rules to protect the confidentiality of student
  information.
         SECTION 9.  Section 61.0762, Education Code, is amended to
  read as follows:
         Sec. 61.0762.  PROGRAMS TO ENHANCE STUDENT SUCCESS. (a)  To
  implement the college readiness and success strategic action plan
  adopted under Section 61.0761 and to enhance the success of
  students at institutions of higher education, the board by rule
  shall develop:
               (1)  summer higher education bridge programs in the
  subject areas of mathematics, science, and English language arts;
               (2)  incentive programs for institutions of higher
  education that implement research-based, innovative developmental
  education initiatives;
               (3)  financial assistance programs for educationally
  disadvantaged students, as defined by Section 5.001, who take
  college entrance and college readiness assessment instruments;
               (4)  professional development programs for faculty of
  institutions of higher education on college readiness standards and
  the implications of such standards on instruction; and
               (5)  other programs as determined by the board that
  support the participation and success goals in "Closing the Gaps,"
  the state's master plan for higher education.
         (b)  As one of the programs adopted under Subsection (a)(5),
  the board shall establish education resource centers to create
  within school communities interest in and information concerning
  attendance at institutions of higher education. Each center must
  attempt to coordinate among students, parents, school counselors,
  and institutions of higher education in providing access to
  resources helpful in preparation for attendance at and admission to
  institutions of higher education.  One or more persons associated
  with each center shall be trained and able to assist the families of
  high school students complete the Free Application for Federal
  Student Aid (FAFSA) form. Each center shall provide information
  concerning career and technical education, including certification
  and licensing requirements and available course and career options
  and degree programs. A center under this subsection may be located
  on a high school or middle school campus or at a site within a
  community that is conveniently located to many students, such as a
  public library or local workforce or community center, or may be a
  mobile center that visits schools or other places where students
  are likely to gather.
         (c)  The board shall conduct ongoing evaluations of programs
  developed under Subsection (a) and any other programs developed to
  provide information concerning postsecondary educational or
  employment opportunities to determine the effectiveness of the
  programs in meeting the goals of "Closing the Gaps," the state's
  master plan for higher education.
         (d)  In conjunction with the comptroller, the board shall
  develop an Internet website for the purpose of providing
  information to the public about postsecondary educational and
  employment opportunities. The website shall provide information in
  English and Spanish concerning:
               (1)  career and technical education programs that
  integrate academic, technical, and career skills that lead to a
  license, certificate, or postsecondary degree;
               (2)  available employment opportunities and the
  educational requirements needed for employment at entry and
  advanced levels;
               (3)  which occupations are considered high-demand
  under Section 29.186;
               (4)  the skills needed and the available avenues for
  obtaining employment in a high-demand occupation; and
               (5)  how to obtain financial aid and what forms of
  financial aid are available to students entering certain
  occupations.
         (e)  For the purpose of developing the Internet website under
  Subsection (d), the board may require the Texas Education Agency to
  provide information on educational programs and outcomes and the
  Texas Workforce Commission to provide information on workforce
  programs and outcomes.
         SECTION 10.  Subtitle G, Title 3, Education Code, is amended
  by adding Chapter 134 to read as follows:
  CHAPTER 134. POSTSECONDARY EDUCATION AND EMPLOYMENT PROGRAMS
  SUBCHAPTER A. JOBS AND EDUCATION FOR TEXANS (JET) GRANT PROGRAM
         Sec. 134.001.  DEFINITIONS. In this subchapter, "public
  junior college" and "public technical institute" have the meanings
  assigned by Section 61.003.
         Sec. 134.002.  JOBS AND EDUCATION FOR TEXANS (JET) FUND. (a)  
  The comptroller shall establish and administer the Jobs and
  Education for Texans (JET) fund as a dedicated account in the
  general revenue fund.
         (b)  The following amounts shall be deposited in the fund:
               (1)  any amounts appropriated by the legislature for
  the fund for purposes of this subchapter;
               (2)  interest earned on the investment of money in the
  fund; and
               (3)  gifts, grants, and other donations received for
  the fund.
         Sec. 134.003.  ADVISORY BOARD. (a) An advisory board of
  education and workforce stakeholders is created to assist the
  comptroller in administering this chapter.
         (b)  The advisory board is composed of seven members who
  serve two-year terms and are appointed as follows:
               (1)  one member appointed by the governor;
               (2)  one member appointed by the lieutenant governor;
               (3)  one member appointed by the speaker of the house of
  representatives;
               (4)  one member appointed by the Texas Higher Education
  Coordinating Board;
               (5)  one member appointed by the Texas Workforce
  Commission;
               (6)  one member of the public appointed by the
  comptroller; and
               (7)  the comptroller, who serves as the chairperson.
         (c)  The advisory board shall meet at least once each quarter
  to review received applications and recommend awarding grants under
  this subchapter.
         Sec. 134.004.  JOBS AND EDUCATION FOR TEXANS (JET) GRANT
  PROGRAM. The comptroller shall establish and administer the Jobs
  and Education for Texans (JET) Grant Program to provide grants to
  public junior colleges and public technical institutes that apply
  to the advisory board in the manner prescribed by the advisory
  board. The comptroller shall award the grants on the advice and
  recommendations of the advisory board.  Grants may be awarded under
  this subchapter from the JET fund for the following purposes:
               (1)  to expand and support programs that meet the
  requirements of Section 134.005 and that prepare low-income
  students for careers in high-demand occupations;
               (2)  to defray the start-up costs associated with the
  development of new career and technical education programs that
  meet the requirements of Section 134.006; and
               (3)  to provide scholarships for students in career and
  technical education programs who meet the requirements of Section
  134.007.
         Sec. 134.005.  GRANTS FOR INNOVATIVE AND SUCCESSFUL
  PROGRAMS. (a)  The comptroller may award a grant for the
  development of programs to prepare low-income students for careers
  in high-demand occupations.
         (b)  To be eligible to receive a grant under this section, a
  program must:
               (1)  provide assistance to those students in preparing
  for, applying to, and enrolling in a public junior college or public
  technical institute; and
               (2)  demonstrate to the satisfaction of the advisory
  board:
                     (A)  above average completion of developmental
  education among participating public junior college or public
  technical institute students;
                     (B)  above average persistence rates among
  participating public junior college or public technical institute
  students;
                     (C)  above average certificate or degree
  completion rates by participating students within a three-year
  period compared to demographically comparable public junior
  college and public technical institute students; and
                     (D)  employment of participating students at an
  average full-time starting wage that is equal to or greater than
  the prevailing wage for the occupation entered.
         (c)  To be eligible to receive a grant under this section, a
  public junior college or public technical institute must provide
  matching funds in accordance with rules adopted under Section
  134.008. The matching funds may be obtained from any source
  available to the college or institute, including in-kind
  contributions, community or foundation grants, individual
  contributions, and local governmental agency operating funds.
         (d)  Grants awarded under this section must be awarded in a
  manner that takes a balanced geographical distribution into
  consideration.
         Sec. 134.006.  FUNDING FOR CAREER AND TECHNICAL EDUCATION
  PROGRAMS.  (a)  The comptroller may award a grant for the
  development of new career and technical education courses or
  programs at public junior colleges and public technical institutes.
         (b)  A grant received under this section may be used only:
               (1)  to support courses or programs that prepare
  students for career employment in occupations that are identified
  by local businesses as being in high demand;
               (2)  to finance initial costs of career and technical
  education course or program development, including the costs of
  constructing or renovating facilities, purchasing equipment, and
  other expenses associated with the development of a new course; and
               (3)  to finance a career and technical education course
  or program that leads to a license, certificate, or postsecondary
  degree.
         (c)  In awarding a grant under this section, the comptroller
  shall primarily consider the potential economic returns to the
  state from the development of the career and technical education
  course or program, and may consider whether the course or program is
  part of a new, emerging industry or high-demand occupation.
         (d)  To be eligible to receive a grant under this section, a
  public junior college or public technical institute must provide
  matching funds in accordance with rules adopted under Section
  134.008. The matching funds may be obtained from any source
  available to the college, including in-kind contributions,
  industry consortia, community or foundation grants, individual
  contributions, and local governmental agency operating funds.
         Sec. 134.007.  SCHOLARSHIPS. (a)  The comptroller may award
  a scholarship to a public junior college or public technical
  institute student.
         (b)  To be eligible to receive a scholarship under this
  section, a student must:
               (1)  demonstrate financial need; and
               (2)  be enrolled in a training program for a
  high-demand occupation, as determined by the comptroller on the
  recommendation of the advisory board.
         Sec. 134.008.  RULES. The comptroller shall adopt rules as
  necessary for the administration of this subchapter.
         SECTION 11.  Not later than January 1, 2010, the Career and
  Technology Education Curriculum Evaluation Committee established
  under Section 28.00221, Education Code, as added by this Act shall:
               (1)  determine courses for purposes of Section
  28.025(b-1)(1)(B)(ii), Education Code, as added by this Act;
               (2)  determine dual credit courses that may be used to
  satisfy the career and technology education curriculum recommended
  and advanced high school program and institution of higher
  education credit requirements, as required by Section
  28.00221(b)(3), Education Code, as added by this Act; and
               (3)  designate the licenses, certificates, and other
  credentials considered to be the equivalent of satisfactory
  performance on end-of-course assessment instruments, as required
  by Section 39.025(a-2), Education Code, as added by this Act.
         SECTION 12.  Not later than March 1, 2010, the State Board of
  Education shall adopt rules as required by Section 28.025(b-1),
  Education Code, as amended by this Act. The rules shall provide
  that the curriculum requirements for the recommended and advanced
  high school programs adopted under that subsection apply to a
  student regardless of the school year in which the student entered
  the ninth grade.
         SECTION 13.  Not later than January 1, 2010, the comptroller
  of public accounts shall begin studying the feasibility of:
               (1)  basing a portion of all public postsecondary
  technical training program funding on the economic benefit of the
  program to the state; and
               (2)  for purposes of Subdivision (1) of this section,
  estimating the amount of any additional tax revenue generated by
  employers that is a result of the ability of public junior colleges,
  public state colleges, or public technical institutes, as those
  terms are defined by Section 61.003, Education Code, to prepare
  students for employment fields for which there is employer demand.
         SECTION 14.  Section 61.0593, Education Code, as added by
  this Act, applies to incentive funding for public institutions of
  higher education beginning with the 2011-2012 state fiscal year.
         SECTION 15.  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, 2009.