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A BILL TO BE ENTITLED
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AN ACT
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relating to the transfer of certain functions regarding career and |
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technology education from the Texas Education Agency to the Texas |
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Higher Education Coordinating Board. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 7.109, Education Code, is transferred to |
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Subchapter C, Chapter 61, Education Code, redesignated as Section |
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61.0764, Education Code, and amended to read as follows: |
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Sec. 61.0764 [7.109]. DESIGNATION AS STATE BOARD FOR |
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CAREER AND TECHNOLOGY EDUCATION. (a) The board is also the State |
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Board for Career and Technology Education. |
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(b) The commissioner of higher education is the executive |
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officer through whom the State Board for Career and Technology |
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Education shall carry out its policies and enforce its rules. |
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(c) The State Board for Career and Technology Education may |
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contract with the Texas Education Agency [Texas Higher Education
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Coordinating Board] or any other state agency to assume the |
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leadership role and administrative responsibility of the State |
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Board for Career and Technology Education for state level |
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administration of technical-vocational education programs in |
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school districts, charter schools, and other eligible primary or |
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secondary educational institutions [public community colleges,
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public technical institutes, and other eligible public
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postsecondary institutions] in this state. |
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(d) The State Board for Career and Technology Education may |
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allocate funds appropriated to the board by the legislature or |
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federal funds received by the board under the Carl D. Perkins |
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Vocational Education Act (20 U.S.C. Section 2301 et seq.) or other |
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federal law to an institution or program approved by the Texas |
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Education Agency [State Board of Education, the Texas Higher
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Education Coordinating Board,] or another state agency specified by |
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law. |
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SECTION 2. Section 29.182, Education Code, is transferred |
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to Subchapter C, Chapter 61, Education Code, redesignated as |
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Section 61.0765, Education Code, and amended to read as follows: |
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Sec. 61.0765 [29.182]. STATE PLAN FOR CAREER AND |
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TECHNOLOGY EDUCATION. (a) The board, in consultation with the |
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Texas Education Agency, [agency] shall prepare and biennially |
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update a state plan for career and technology education that sets |
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forth objectives for career and technology education for the next |
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biennium and long-term goals for the following five years. |
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(b) The state plan must include procedures designed to |
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ensure that: |
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(1) all secondary and postsecondary students have the |
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opportunity to participate in career and technology education |
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programs; |
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(2) the state complies with requirements for |
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supplemental federal career and technology education funding; and |
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(3) career and technology education is established as |
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a part of the total education system of this state. |
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SECTION 3. Section 29.183(b), Education Code, is amended to |
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read as follows: |
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(b) In developing a career and technology program, the board |
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of trustees shall consider the state plan for career and technology |
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education required under Section 61.0765 [29.182]. |
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SECTION 4. Section 29.184(a), Education Code, is amended to |
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read as follows: |
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(a) The board of trustees of a school district may contract |
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with another school district or with a public or private |
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postsecondary educational institution or trade or technical school |
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that is regulated by this state, as designated in the state plan for |
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career and technology education required under Section 61.0765 |
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[29.182], to provide career and technology classes for students in |
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the district. |
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SECTION 5. Section 29.187(c), Education Code, is amended to |
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read as follows: |
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(c) In developing a program under this section, the board of |
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trustees of a school district shall consider the state plan for |
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career and technology education required under Section 61.0765 |
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[29.182]. |
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SECTION 6. Section 61.076(g), Education Code, is amended to |
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read as follows: |
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(g) The council shall advise the board and the State Board |
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of Education on the coordination of postsecondary career and |
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technology activities, career and technology teacher education |
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programs offered or proposed to be offered in the colleges and |
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universities of this state, and other relevant matters, including: |
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(1) coordinating postsecondary career and technology |
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education and the articulation between postsecondary career and |
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technology education and secondary career and technology |
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education; |
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(2) facilitating the transfer of responsibilities for |
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the administration of postsecondary career and technology |
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education from the State Board of Education to the board in |
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accordance with Section 111(a)(I) of the Carl D. Perkins Vocational |
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Education Act (Pub. L. No. 98-524); |
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(3) advising the board [State Board of Education], |
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when it acts as the State Board for Career and Technology Education, |
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on the following: |
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(A) the transfer of federal funds to the Texas |
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Education Agency [board] for allotment to eligible school districts |
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or other eligible entities [public postsecondary institutions of
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higher education]; |
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(B) the career and technology education funding |
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for projects and institutions as determined by the board when the |
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State Board for Career and Technology Education is required by |
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federal law to endorse those determinations; |
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(C) the development and updating of the state |
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plan for career and technology education and the evaluation of |
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programs, services, and activities of postsecondary career and |
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technology education and amendments to the state plan for career |
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and technology education as may relate to postsecondary education; |
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(D) other matters related to postsecondary |
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career and technology education; and |
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(E) the coordination of curricula, instructional |
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programs, research, and other functions as appropriate, including |
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school-to-work and school-to-college transition programs and |
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professional development activities; and |
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(4) advising the Texas Workforce Investment Council on |
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educational policy issues related to workforce preparation. |
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SECTION 7. (a) The transfer of the powers and duties of the |
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State Board for Career and Technology Education from the Texas |
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Education Agency to the Texas Higher Education Coordinating Board |
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as provided by this Act does not affect the validity of an action |
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taken by the State Board for Career and Technology Education before |
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the effective date of this Act, and those actions, including the |
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adoption of any rules, remain in effect on and after the effective |
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date. |
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(b) The change in law made by this Act does not affect the |
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validity of the Texas State Plan for Career and Technical |
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Education, 2008-2013, and that plan continues in effect on the |
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effective date of this Act as if approved by the Texas Higher |
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Education Coordinating Board, subject to any revision or other |
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action authorized by law by the coordinating board. |
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(c) An appropriation made before the effective date of this |
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Act to the Texas Education Agency for the administration of a power |
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or duty transferred by this Act to the Texas Higher Education |
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Coordinating Board continues in effect as an appropriation made to |
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the Texas Higher Education Coordinating Board. |
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SECTION 8. This Act takes effect September 1, 2009. |