By: Hegar, Eltife S.B. No. 1955

A BILL TO BE ENTITLED

AN ACT

relating to career and technical education in the public schools and high school graduation requirements.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

ARTICLE 1. HIGH SCHOOL GRADUATION REQUIREMENTS

SECTION 1.01. Sec. 28.002(a) and (n), Education Code, are amended to read as follows:

(a) Each school district that offers kindergarten through grade 12 shall offer, as a required curriculum:

(1) a foundation curriculum that includes:

(A) English language arts;

(B) mathematics;

(C) science; and

(D) social studies, consisting of Texas, United States, and world history, government, and geography; and

(2) an enrichment curriculum that includes:

(A) to the extent possible, languages other than English;

(B) health, with emphasis on the importance of proper nutrition and exercise;

(C) physical education;

(D) fine arts;

(E) economics, with emphasis on the free enterprise system and its benefits;

(F) career and technical technology education;

(G) technology applications; and

(H) religious literature, including the Hebrew Scriptures (Old Testament) and New Testament, and its impact on history and literature.

(n) The State Board of Education shall may by rule develop and implement a plan designed to incorporate foundation curriculum requirements into the career and technicaltechnology education curriculum under Subsection (a)(2)(F).

SECTION 1.02. Sec. 28.025 of the Education Code is amended to read:

Sec. 28.025. HIGH SCHOOL DIPLOMA AND CERTIFICATE; ACADEMIC ACHIEVEMENT RECORD. (a) The State Board of Education by rule shall determine curriculum requirements for the minimum standard, recommended, and advanced high school programs that are consistent with the required curriculum under Section 28.002.

(b) A school district shall ensure that each student enrolls in the courses necessary to complete the curriculum requirements identified by the State Board of Education under Subsection (a) for the recommended or, advanced high school and program unless the student, the student's parent or other person standing in parental relation to the student, and a school counselor or school administrator agree that the student should be permitted to take courses under the minimumstandard high school programs. The State Board of Education by rule shall require that:

(1) the curriculum requirements for the recommended and advanced high school programs include a requirement that students successfully complete four courses in each subject of the foundation curriculum under Section 28.002(a)(1); and

(2) Within the recommended program students shall have at least two distinct options, including but not limited to:

(A) a science and mathematics option that shall require four credits in mathematics and four credits in science from the list of courses approved by the State Board of Education; and

(b) an opportunities option that that shall not require more than three credits in mathematics and three credits in science; this option shall include four credits approved by the State Board of Education in any combination of the following courses:

(i)career and technical;

(ii) English language arts;

(iii) social studies;

(iv) languages other than English; and

(v) fine arts.

(c) A school district may submit one or more career and technical course for review and approval by the State Board of Education to satisfy the requirements of subsections 28.002(a)(1)(B) and 28.002(a)(1)(C). The district shall submit any such course on or before January 1 preceding the first school year for which the district requests approval of the course.

(1) The district shall submit a detailed description of the course, the curriculum, the instructional materials and/or equipment required, and any other information required by the board.

(2) The board shall have 180 days from the date the district requests approval of the course and submits required information to approve or disapprove the course. If the board (or commissioner) does not disapprove the course within the 180-day period, the course shall be deemed approved to meet the requirements of subsections 28.002(a)(1)(B) and 28.002(a)(1)(C).

(3) Approval of a course by the board or by expiration of the 180-day period shall be for a period of three school years, after which the district may request that the course be re-approved for an additional three-year period.

(4) Any school district in Texas may offer a course that has been approved in accordance with this subsection.

(b-1d) (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 four courses in each subject of the foundation curriculum under Section 28.002(a)(1);

(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) taken after the successful completion of an Algebra II course or science course under Subsection (b-1)(1) taken after the successful completion of a physics course by successfully completing an advanced career and 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.

(ce) A person may receive a diploma if the person is eligible for a diploma under Section 28.0251. In other cases, a student may graduate and receive a diploma only if:

(1) the student successfully completes the curriculum requirements identified by the State Board of Education under Subsection (a) and complies with Section 39.025; or

(2) the student successfully completes an individualized education program developed under Section 29.005.

(df) A school district may issue a certificate of coursework completion to a student who successfully completes the curriculum requirements identified by the State Board of Education under Subsection (a) but who fails to comply with Section 39.025. A school district may allow a student who receives a certificate to participate in a graduation ceremony with students receiving high school diplomas.

(eg) Each school district shall report the academic achievement record of students who have completed a minimum standard, recommended, or advanced high school program on transcript forms adopted by the State Board of Education. The transcript forms adopted by the board must be designed to clearly differentiate between each of the high school programs and identify whether a student received a diploma or a certificate of coursework completion.

(fh) A school district shall issue a certificate of attendance to a student who receives special education services under Subchapter A, Chapter 29, and who has completed four years of high school but has not completed the student's individualized education program. A school district shall allow a student who receives a certificate to participate in a graduation ceremony with students receiving high school diplomas. A student may participate in only one graduation ceremony under this subsection. This subsection does not preclude a student from receiving a diploma under Subsection (c)(2)(e).

(gj) If a student, other than a student permitted to take courses under the minimumstandard high school program as provided by Subsection (bc), is unable to complete the recommended or advanced high school program solely because necessary courses were unavailable to the student at the appropriate times in the student's high school career as a result of course scheduling, lack of enrollment capacity, or another cause not within the student's control, the school district shall indicate that fact on the student's transcript form described by Subsection (eg).

SECTION 1.03. Section 29.182, Education Code, is amended to read as follows:

Sec. 29.182. STATE PLAN FOR CAREER AND TECHNICAL TECHNOLOGY EDUCATION. (a) In coordination with the State Board of Education, the Texas Workforce Commission, and the comptroller, the [The] agency shall prepare and biennially update a state plan for career and technical technology education that sets forth objectives for career and technical technology_education for the next biennium and long-term goals for the following five years.

(b) The state plan must include procedures designed to ensure that:

(1) all secondary and postsecondary students have the opportunity to participate in career and technical technology_education programs;

(2) the state complies with requirements for supplemental federal career and technical technology education funding; and

(3) career and technical technology_education is established as a part of the total education system of this state.

(c) Not later than January 1 of each odd-numbered year, the agency shall submit the most recently updated state plan to the legislature.

SECTION 1.04. Section 39.025(a), Education Code, is amended to read as follows:

(a) The commissioner shall adopt rules requiring a student participating in the recommended or advanced high school program to be administered each end-of-course assessment instrument listed in Section 39.023(c) and requiring a student participating in the standardminimum high school program to be administered an end-of-course assessment instrument listed in Section 39.023(c) only for a course in which the student is enrolled and for which an end-of-course assessment instrument is administered. A student is required to achieve, in each subject in the foundation curriculum under Section 28.002(a)(1), a cumulative score that is at least equal to the product of the number of end-of-course assessment instruments administered to the student in that subject and 70, with each end-of-course assessment instrument scored on a scale of 100. A student must achieve a score of at least 60 on an end-of-course assessment instrument for the score to count towards the student 's cumulative score. For purposes of this subsection, a student 's cumulative score is determined using the student 's highest score on each end-of-course assessment instrument administered to the student. A student may not receive a high school diploma until the student has performed satisfactorily on the end-of-course assessment instruments in the manner provided under this subsection. This subsection does not require a student to demonstrate readiness to enroll in an institution of higher education.

SECTION 1.05. Subchapter D, Chapter 301, Labor Code, is amended by adding Section 301.0612 to read as follows:

Sec. 301.0612. EMPLOYMENT INFORMATION FOR SECONDARY SCHOOL STUDENTS. (a) The commission shall provide the Texas Education Agency with information at least each quarter regarding current and projected employment opportunities in this state, disaggregated by county or other appropriate region.

(b) The Texas Education Agency shall provide the information obtained under Subsection (a) to school districts for use in local planning and implementation of career and technical education and training programs.

ARTICLE 2. TERMINOLOGY CHANGES

SECTION 2.01. Section 5.001(2), Education Code, is amended to read as follows:

(2) "Classroom teacher" means an educator who is employed by a school district and who, not less than an average of four hours each day, teaches in an academic instructional setting or a career and technical technology instructional setting. The term does not include a teacher's aide or a full-time administrator.

SECTION 2.02. Section 7.109, Education Code, is amended to read as follows:

Sec. 7.109. DESIGNATION AS STATE BOARD FOR CAREER AND TECHNICAL TECHNOLOGY_EDUCATION. (a) The board is also the State Board for Career and Technical technology_Education.

(b) The commissioner is the executive officer through whom the State Board for Career and Technical technology Education shall carry out its policies and enforce its rules.

(c) The State Board for Career and Technical [Technology]Education may contract with the Texas Higher Education Coordinating Board or any other state agency to assume the leadership role and administrative responsibility of the State Board for Career and Technical technology_Education for state level administration of technical-vocational education programs in public community colleges, public technical institutes, and other eligible public postsecondary institutions in this state.

(d) The State Board for Career and Technical technology Education may allocate funds appropriated to the board by the legislature or federal funds received by the board under the Carl D. Perkins Vocational Education Act (20 U.S.C. Section 2301 et seq.) or other federal law to an institution or program approved by the State Board of Education, the Texas Higher Education Coordinating Board, or another state agency specified by law.

SECTION 2.03. Section 11.158(g), Education Code, is amended to read as follows:

(g) This section does not prohibit a board of trustees from charging reasonable fees for goods and services provided in connection with any postsecondary instructional program, including career and technicaltechnology, adult, veterans ', or continuing education, community service, evening school, and high school equivalency programs.

SECTION 2.04. Section 21.055(b), Education Code, is amended to read as follows:

(b) To be eligible for a school district teaching permit under this section, a person must hold a baccalaureate degree. This subsection does not apply to a person who will teach only career and technical technology_education.

SECTION 2.05. Section 28.003(b), Education Code, is amended to read as follows:

(b) In this section, "educational program" means a course or series of courses in the required curriculum under Section 28.002, other than a fine arts course under Section 28.002(a)(2)(D) or a career and technical technology_course under Section 28.002(a)(2)(F).

SECTION 2.06. Section 29.001, Education Code, is amended to read as follows:

Sec. 29.001. STATEWIDE PLAN. The agency shall develop, and modify as necessary, a statewide design, consistent with federal law, for the delivery of services to children with disabilities in this state that includes rules for the administration and funding of the special education program so that a free appropriate public education is available to all of those children between the ages of three and 21. The statewide design shall include the provision of services primarily through school districts and shared services arrangements, supplemented by regional education service centers. The agency shall also develop and implement a statewide plan with programmatic content that includes procedures designed to:

(1) ensure state compliance with requirements for supplemental federal funding for all state-administered programs involving the delivery of instructional or related services to students with disabilities;

(2) facilitate interagency coordination when other state agencies are involved in the delivery of instructional or related services to students with disabilities;

(3) periodically assess statewide personnel needs in all areas of specialization related to special education and pursue strategies to meet those needs through a consortium of representatives from regional education service centers, local education agencies, and institutions of higher education and through other available alternatives;

(4) ensure that regional education service centers throughout the state maintain a regional support function, which may include direct service delivery and a component designed to facilitate the placement of students with disabilities who cannot be appropriately served in their resident districts;

(5) allow the agency to effectively monitor and periodically conduct site visits of all school districts to ensure that rules adopted under this section are applied in a consistent and uniform manner, to ensure that districts are complying with those rules, and to ensure that annual statistical reports filed by the districts and not otherwise available through the Public Education Information Management System under Section 42.006, are accurate and complete;

(6) ensure that appropriately trained personnel are involved in the diagnostic and evaluative procedures operating in all districts and that those personnel routinely serve on district admissions, review, and dismissal committees;

(7) ensure that an individualized education program for each student with a disability is properly developed, implemented, and maintained in the least restrictive environment that is appropriate to meet the student 's educational needs;

(8) ensure that, when appropriate, each student with a disability is provided an opportunity to participate in career and technical technology_and physical education classes, in addition to participating in regular or special classes;

(9) ensure that each student with a disability is provided necessary related services; and

(10) ensure that an individual assigned to act as a surrogate parent for a child with a disability, as provided by 20 U.S.C. Section 1415(b) [and its subsequent amendments], is required to:

(A) complete a training program that complies with minimum standards established by agency rule;

(B) visit the child and the child 's school;

(C) consult with persons involved in the child 's education, including teachers, caseworkers, court-appointed volunteers, guardians ad litem, attorneys ad litem, foster parents, and caretakers;

(D) review the child 's educational records;

(E) attend meetings of the child 's admission, review, and dismissal committee;

(F) exercise independent judgment in pursuing the child 's interests; and

(G) exercise the child's due process rights under applicable state and federal law.

SECTION 2.07. The heading to Subchapter F, Chapter 29, Education Code, is amended to read as follows: SUBCHAPTER F. CAREER AND TECHNICAL TECHNOLOGY_EDUCATION PROGRAM

SECTION 2.08. The heading to Section 29.181, Education Code, is amended to read as follows:

Sec. 29.181. PUBLIC EDUCATION CAREER AND TECHNICAL TECHNOLOGY_EDUCATION GOALS.

SECTION 2.09. Section 29.183, Education Code, is amended to read as follows:

Sec. 29.183. CAREER AND TECHNICAL TECHNOLOGY_AND OTHER EDUCATIONAL PROGRAMS. a) The board of trustees of a school district may conduct and supervise career and technical technology_classes and other educational programs for students and for other persons of all ages and spend local maintenance funds for the cost of those classes and programs.

(b) In developing a career and technical technology_program, the board of trustees shall consider the state plan for career and technical technology_education required under Section 29.182.

SECTION 2.10. Section 29.184, Education Code, is amended to read as follows:

Sec. 29.184. CONTRACTS WITH OTHER SCHOOLS FOR CAREER AND TECHNICAL TECHNOLOGY_CLASSES. (a) The board of trustees of a school district may contract with another school district or with a public or private postsecondary educational institution or trade or technical school that is regulated by this state, as designated in the state plan for career and technical technology education required under Section 29.182, to provide career and technical technology_classes for students in the district.

(b) A student who attends career and technical technology classes at another school under a contract authorized by Subsection (a) is included in the average daily attendance of the district in which the student is regularly enrolled.

SECTION 2.11. Section 29.185, Education Code, is amended to read as follows:

Sec. 29.185. CAREER AND TECHNICAL TECHNOLOGY_PROGRAM RULES. The agency shall prescribe requirements for career and technical technology_education in public schools as necessary to comply with federal law.

SECTION 2.12. The heading to Section 29.187, Education Code, is amended to read as follows:

Sec. 29.187. AWARD FOR DISTINGUISHED ACHIEVEMENT IN CAREER AND TECHNICAL TECHNOLOGY_EDUCATION; PROGRAM.

SECTION 2.13. Sections 29.187(a) and (c), Education Code, are amended to read as follows:

(a) In addition to the authority granted under Section 29.183, the board of trustees of a school district may develop and offer a program that provides a rigorous course of study consistent with the required curriculum under Section 28.002 and under which a student may:

(1) receive specific education in a career and technical technology_profession that:

(A) leads to postsecondary education; or

(B) meets or exceeds business or industry standards; and

(2) obtain from the district an award for distinguished achievement in career and technical technology_education and a stamp or other notation on the student ' s transcript that indicates receipt of the award.

(c) In developing a program under this section, the board of trustees of a school district shall consider the state plan for career and technical technology_education required under Section 29.182.

SECTION 2.14. Section 29.188, Education Code, is amended to read as follows:

Sec. 29.188. RECOGNITION OF SUCCESSFUL CAREER AND TECHNICAL TECHNOLOGY EDUCATION PROGRAM. The governor is encouraged to present a proclamation or certificate to each member of the business and industry community that the Texas Workforce Commission, in cooperation with the agency, determines has successfully assisted in the provision of a career and technical technology_education program under this subchapter.

SECTION 2.15. Section 29.190(a), Education Code, is amended to read as follows:

(a) A student is entitled to a subsidy under this section if the student:

(1) successfully completes the career and technical technology_program of a school district in which the student receives training and instruction for employment in a certain trade or occupation;

(2) passes a certification examination to qualify for a license or certificate for the trade or occupation; and

(3) demonstrates financial need.

SECTION 2.16. Section 39.071(b), Education Code, is amended to read as follows:

(b) Each year, the commissioner shall determine the accreditation status of each school district. In determining accreditation status, the commissioner:

(1) shall evaluate and consider the performance of the district under:

(A) the academic accountability system under Section 39.072; and

(B) the financial accountability rating system under Subchapter I; and

(2) may consider:

(A) the district 's compliance with statutory requirements and requirements imposed by rule of the commissioner or State Board of Education under specific statutory authority that relate to:

(i) reporting data through the Public Education Information Management System (PEIMS) or other reports required by state or federal law or court order;

(ii) the high school graduation requirements under Section 28.025; or

(iii) an item listed under Sections 7.056(e)(3)(C)-(I) that applies to the district;

(B) the effectiveness of the district's programs for special populations; and

(C) the effectiveness of the district's career and technical technology_program.

SECTION 2.17. Section 39.072(b), Education Code, is amended to read as follows:

(b) The academic excellence indicators adopted under Sections 39.051(b)(1) through (8) and the district 's current special education compliance status with the agency shall be the main considerations of the agency in the rating of the district under this section. Additional criteria in the rules may include consideration of:

(1) compliance with statutory requirements and requirements imposed by rule of the State Board of Education under specific statutory authority that relate to:

(A) reporting data through the Public Education Information Management System (PEIMS);

(B) the high school graduation requirements under Section 28.025; or

(C) an item listed in Sections 7.056(e)(3)(C)-(I) that applies to the district;

(2) the effectiveness of the district's programs for special populations; and

(3) the effectiveness of the district's career and technical technology_programs.

SECTION 2.18. The heading to Section 41.125, Education Code, is amended to read as follows:

Sec. 41.125. CAREER AND TECHNICAL TECHNOLOGY_EDUCATION PROGRAMS.

SECTION 2.19. Section 41.125(a), Education Code, is amended to read as follows:

(a) The board of trustees of a school district with a wealth per student that exceeds the equalized wealth level may reduce the district 's wealth per student by executing an agreement to provide students of one or more other districts with career and technical technology_education through a program designated as an area program for career and technical technology_education.

SECTION 2.20. Section 42.101, Education Code, is amended to read as follows:

Sec. 42.101. BASIC ALLOTMENT. For each student in average daily attendance, not including the time students spend each day in special education programs in an instructional arrangement other than mainstream or career and technical technology education programs, for which an additional allotment is made under Subchapter C, a district is entitled to an allotment in an amount equal to the product of the amount per student per cent of tax effort available to a district at the percentile in wealth per student specified by Section 42.302(a-1)(1), multiplied by 86. A greater amount for any school year may be provided by appropriation.

SECTION 2.21. Section 42.154, Education Code, is amended to read as follows:

Sec. 42.154. CAREER AND TECHNICAL TECHNOLOGY_EDUCATION ALLOTMENT. (a) For each full-time equivalent student in average daily attendance in an approved career and technical technology education program in grades nine through 12 or in career and technical technology_education programs for students with disabilities in grades seven through 12, a district is entitled to an annual allotment equal to the adjusted basic allotment multiplied by a weight of 1.35.

(a-1) Notwithstanding any other provision of this section, the commissioner shall develop and implement a pilot program under which a school district is entitled to additional funding for each student receiving career and technical technology instruction in grade eight. The commissioner shall select not more than five school districts for participation in the pilot program. In selecting school districts for participation, the commissioner shall consider school districts that can provide services under the program at the least cost. For each full-time equivalent student in grade eight in average daily attendance in an approved career and technical technology_education program, a school district participating in the program under this subsection is entitled to an annual allotment equal to the adjusted basic allotment multiplied by a weight of 1.35. Funds allocated under this subsection, other than an indirect cost allotment established under State Board of Education rule, must be used in providing career and technical technology_programs in grade eight under Sections 29.182, 29.183, and 29.184. A school district is entitled to an allotment under this subsection for each school year through the completion of the 2011-2012 school year. Not later than January 1, 2013, the agency shall prepare and deliver to each member of the legislature a report describing the effectiveness of the pilot program described by this subsection. This subsection expires February 1, 2013.

(b) In this section, "full-time equivalent student" means 30 hours of contact a week between a student and career and technical technology_education program personnel.

(c) Funds allocated under this section, other than an indirect cost allotment established under State Board of Education rule, must be used in providing career and technical technology_education programs in grades nine through 12 or career and technical technology_education programs for students with disabilities in grades seven through 12 under Sections 29.182, 29.183, and 29.184.

(d) The commissioner shall conduct a cost-benefit comparison between career and technical technology_education programs and mathematics and science programs.

(e) Out of the total statewide allotment for career and technical technology_education under this section, the commissioner shall set aside an amount specified in the General Appropriations Act, which may not exceed an amount equal to one percent of the total amount appropriated, to support regional career and technical technology_education planning. After deducting the amount set aside under this subsection from the total amount appropriated for career and technical technology education under this section, the commissioner shall reduce each district 's tier one allotments in the same manner described for a reduction in allotments under Section 42.253.

SECTION 2.22. Section 42.155(f), Education Code, is amended to read as follows:

(f) The cost of transporting career and technical technology_education students from one campus to another inside a district or from a sending district to another secondary public school for a career and technical technology_program or an area career and technical technology_school or to an approved post-secondary institution under a contract for instruction approved by the agency shall be reimbursed based on the number of actual miles traveled times the district 's official extracurricular travel per mile rate as set by the board of trustees and approved by the agency.

SECTION 2.23. The heading to Section 45.106, Education Code, is amended to read as follows:

Sec. 45.106. USE OF COUNTY AVAILABLE FUND APPORTIONMENT FOR AREA SCHOOLS CAREER AND TECHNICAL TECHNOLOGY_EDUCATION.

SECTION 2.24. Section 45.106(a), Education Code, is amended to read as follows:

(a) A school district or accumulation of districts that operates a school designated as an area school for career and technical technology_education purposes or that participates in a designated area career and technical technology_education program shall use its annual county available school fund apportionment, if any, in the operation of the area school or program or in financing facilities for the school, notwithstanding any laws to the contrary.

SECTION 2.25. Section 62.155, Labor Code, is amended to read as follows:

Sec. 62.155. EMPLOYMENT OF CERTAIN YOUTHS AND STUDENTS. An employer is exempt from this chapter with respect to the employment of a person who:

(1) is less than 18 years of age and is not a high school graduate or a graduate of a career and technical [vocational] training program, other than a person who is employed in agriculture and whose pay is computed on a piece rate;

(2) is less than 20 years of age and is a student regularly enrolled in a high school, college, university, or career and technical [vocational] training program, other than a person who is employed in agriculture and whose pay is computed on a piece rate; or

(3) has a disability and who is:

(A) not more than 21 years of age;

(B) a client of vocational rehabilitation; and

(C) participating in a cooperative school-work program.

ARTICLE 3. REPEALER; EFFECTIVE DATE

SECTION 3.01. Sections 28.025(b) and (b-2), Education Code, are repealed.

SECTION 3.02. Not later than January 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 3.03. 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.