S.B. No. 22

AN ACT

relating to the establishment of a Pathways in Technology Early College High School (P-TECH) program and to the repeal of the tech-prep program.

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

SECTION 1. Chapter 29, Education Code, is amended by adding Subchapter N to read as follows:

SUBCHAPTER N. PATHWAYS IN TECHNOLOGY EARLY COLLEGE HIGH SCHOOL

(P-TECH) PROGRAM

Sec. 29.551. DEFINITIONS. In this subchapter:

(1) "Advisory council" means the P-TECH advisory council.

(2) "Articulation agreement" means a written commitment between school districts or open-enrollment charter schools and institutions of higher education to a program designed to provide students with a nonduplicative sequence of progressive achievement leading to degrees or certificates in a work-based education program.

(3) "Institution of higher education" has the meaning assigned by Section 61.003.

(4) "P-TECH program" means the Pathways in Technology Early College High School program established under this subchapter.

Sec. 29.552. P-TECH ADVISORY COUNCIL. (a) The advisory council is composed of:

(1) three members representing school districts and open-enrollment charter schools appointed as follows:

(A) one member appointed by the governor;

(B) one member appointed by the lieutenant governor; and

(C) one member appointed by the speaker of the house of representatives;

(2) three members representing institutions of higher education appointed as follows:

(A) one member appointed by the governor;

(B) one member appointed by the lieutenant governor; and

(C) one member appointed by the speaker of the house of representatives; and

(3) six members representing industry or business partners that participate or seek to participate in the P-TECH program appointed as follows:

(A) two members appointed by the governor;

(B) two members appointed by the lieutenant governor; and

(C) two members appointed by the speaker of the house of representatives.

(b) A member of the advisory council serves at the will of the member's appointing authority.

(c) The advisory council shall provide recommendations to the commissioner regarding:

(1) the establishment and administration of the P-TECH program; and

(2) the criteria for a campus's designation as a P-TECH school under Section 29.556.

(d) A member of the advisory council may not receive compensation for service on the advisory council but, subject to the availability of funding, may receive reimbursement for actual and necessary expenses, including travel expenses, incurred in performing advisory council duties. The advisory council may solicit and accept gifts, grants, and donations to pay for those expenses.

(e) Chapter 2110, Government Code, does not apply to the advisory council.

Sec. 29.553. P-TECH PROGRAM. (a) The commissioner shall establish and administer a Pathways in Technology Early College High School (P-TECH) program for students who wish to participate in a work-based education program.

(b) The P-TECH program must:

(1) be open enrollment;

(2) provide for a course of study that enables a participating student in grade levels 9 through 12 to combine high school courses and postsecondary courses;

(3) allow a participating student to complete high school and, on or before the sixth anniversary of the date of the student's first day of high school:

(A) receive a high school diploma and an associate degree, a two-year postsecondary certificate, or industry certification; and

(B) complete work-based training through an internship, apprenticeship, or other job training program;

(4) include:

(A) articulation agreements with institutions of higher education in this state to provide a participating student access to postsecondary educational and training opportunities at an institution of higher education; and

(B) memoranda of understanding with regional industry or business partners in this state to provide a participating student access to work-based training and education; and

(5) provide a participating student flexibility in class scheduling and academic mentoring.

(c) Each articulation agreement under Subsection (b)(4)(A) must address:

(1) curriculum alignment;

(2) instructional materials;

(3) the instructional calendar;

(4) courses of study;

(5) student enrollment and attendance;

(6) grading periods and policies; and

(7) administration of statewide assessment instruments under Subchapter B, Chapter 39.

(d) Each memorandum of understanding under Subsection (b)(4)(B) must include an agreement that the regional industry or business partner will give to a student who receives work-based training or education from the partner under the P-TECH program first priority in interviewing for any jobs for which the student is qualified that are available on the student's completion of the program.

(e) A student participating in the P-TECH program is entitled to the benefits of the Foundation School Program in proportion to the amount of time spent by the student on high school courses, in accordance with rules adopted by the commissioner, while completing the course of study established by the applicable articulation agreement or memorandum of understanding under Subsection (b)(4).

(f) The P-TECH program must be provided at no cost to participating students.

(g) The commissioner may accept gifts, grants, and donations from any source, including private and nonprofit organizations, for the P-TECH program. A private or nonprofit organization that contributes to the program may receive an award under Section 7.113.

(h) The commissioner shall collaborate with the Texas Workforce Commission and the Texas Higher Education Coordinating Board to develop and implement a plan for the P-TECH program that addresses:

(1) regional workforce needs;

(2) credit transfer policies between institutions of higher education; and

(3) internships, apprenticeships, and other work-based education programs.

Sec. 29.554. ACCIDENT MEDICAL EXPENSE, LIABILITY, AND AUTOMOBILE INSURANCE COVERAGE. (a) The board of trustees of a school district or the governing body of an open-enrollment charter school may obtain accident medical expense, liability, or automobile insurance coverage to protect:

(1) a business or entity that partners with the district or school under Section 29.553 to provide students with work-based training and education under the P-TECH program; and

(2) a student enrolled in the district or at the school who participates in the district's or school's P-TECH program.

(b) The coverage authorized by this section must be:

(1) obtained from a reliable insurer authorized to engage in business in this state; or

(2) provided through a self-funded risk pool of which the school district or open-enrollment charter school is a member.

(c) The amount of coverage the school district or open-enrollment charter school obtains must be reasonable considering the financial condition of the district or school and may not exceed the amount that, in the opinion of the board of trustees or governing body, is reasonably necessary.

(d) If the board of trustees of a school district or governing body of an open-enrollment charter school obtains accident medical expense, liability, or automobile insurance coverage under this section, the district or school shall notify the parent or guardian of each student participating in the P-TECH program.

(e) The failure of any board of trustees of a school district or governing body of an open-enrollment charter school to obtain coverage, or any specific amount of coverage, authorized by this section may not be construed as placing any legal liability on the district or school or the district's or school's officers, agents, or employees for any injury that results.

Sec. 29.555. IMMUNITY FROM LIABILITY. A student who participates in the P-TECH program while enrolled in a school district or at an open-enrollment charter school is entitled to immunity in the same manner as a professional employee of a school district under Subchapter B, Chapter 22, or as an employee of an open-enrollment charter school under Section 12.1056, as applicable.

Sec. 29.556. P-TECH SCHOOL DESIGNATION AND GRANT PROGRAM. (a) A school district or open-enrollment charter school that implements or seeks to implement the P-TECH program at a campus may apply to the commissioner for designation of the campus as a P-TECH school in accordance with procedures established by the commissioner.

(b) From funds appropriated for that purpose, the commissioner by rule shall establish a grant program to assist school districts and open-enrollment charter schools in implementing the P-TECH program at a campus designated as a P-TECH school under Subsection (a). The commissioner may use not more than three percent of the funds appropriated for the grant program to cover the cost of administering the grant program and to provide technical assistance and support to P-TECH schools.

(b-1) The total amount of grants awarded under the grant program for the state fiscal biennium ending August 31, 2019, may not exceed $5 million. This subsection expires December 1, 2019.

(c) The commissioner shall establish the criteria for a campus's designation as a P-TECH school and for participation in the grant program under this section. The criteria must require a school district or open-enrollment charter school to:

(1) enter into an articulation agreement under Section 29.553 only with institutions of higher education that are accredited by a national or regional accrediting agency recognized by the Texas Higher Education Coordinating Board;

(2) review and, as necessary, update each memorandum of understanding with a regional industry or business partner under Section 29.553 at least once every two years; and

(3) explain how the district's or school's P-TECH program will address regional workforce needs.

Sec. 29.557. RULES. (a) The commissioner shall adopt rules as necessary to administer the P-TECH program, including rules to ensure a student participating in the program is not considered for accountability purposes to have dropped out of high school or failed to complete the curriculum requirements for high school graduation until after the sixth anniversary of the date of the student's first day in high school. The rules may provide for giving preference in receiving program benefits to a student who is in the first generation of the student's family to attend college and may establish other distinctions or criteria based on student need.

(b) The commissioner shall consult the Texas Higher Education Coordinating Board in administering the program. The Texas Higher Education Coordinating Board may adopt rules as necessary to exercise its powers and duties under this subchapter.

SECTION 2. Section 28.009(d)(2), Education Code, is amended to read as follows:

(2) "Sequence of courses" means career and technical education courses approved by the State Board of Education or[,] innovative courses approved by the State Board of Education that are provided for local credit[, or a tech-prep program of study under Section 61.852].

SECTION 3. Section 39.301(c), Education Code, is amended to read as follows:

(c) Indicators for reporting purposes must include:

(1) the percentage of graduating students who meet the course requirements established by State Board of Education rule for:

(A) the foundation high school program;

(B) the distinguished level of achievement under the foundation high school program; and

(C) each endorsement described by Section 28.025(c-1);

(2) the results of the SAT, ACT, [articulated postsecondary degree programs described by Section 61.852,] and certified workforce training programs described by Chapter 311, Labor Code;

(3) for students who have failed to perform satisfactorily, under each performance standard under Section 39.0241, on an assessment instrument required under Section 39.023(a) or (c), the performance of those students on subsequent assessment instruments required under those sections, aggregated by grade level and subject area;

(4) for each campus, the number of students, disaggregated by major student subpopulations, that take courses under the foundation high school program and take additional courses to earn an endorsement under Section 28.025(c-1), disaggregated by type of endorsement;

(5) the percentage of students, aggregated by grade level, provided accelerated instruction under Section 28.0211(c), the results of assessment instruments administered under that section, the percentage of students promoted through the grade placement committee process under Section 28.0211, the subject of the assessment instrument on which each student failed to perform satisfactorily under each performance standard under Section 39.0241, and the performance of those students in the school year following that promotion on the assessment instruments required under Section 39.023;

(6) the percentage of students of limited English proficiency exempted from the administration of an assessment instrument under Sections 39.027(a)(1) and (2);

(7) the percentage of students in a special education program under Subchapter A, Chapter 29, assessed through assessment instruments developed or adopted under Section 39.023(b);

(8) the percentage of students who satisfy the college readiness measure;

(9) the measure of progress toward dual language proficiency under Section 39.034(b), for students of limited English proficiency, as defined by Section 29.052;

(10) the percentage of students who are not educationally disadvantaged;

(11) the percentage of students who enroll and begin instruction at an institution of higher education in the school year following high school graduation; and

(12) the percentage of students who successfully complete the first year of instruction at an institution of higher education without needing a developmental education course.

SECTION 4. Section 42.154(a), Education Code, is amended to read as follows:

(a) For each full-time equivalent student in average daily attendance in an approved career and technology education program in grades nine through 12 or in career and technology education programs for students with disabilities in grades seven through 12, a district is entitled to:

(1) an annual allotment equal to the adjusted basic allotment multiplied by a weight of 1.35; and

(2) $50, if the student is enrolled in[:

[(A)] two or more advanced career and technology education classes for a total of three or more credits[; or

[(B) an advanced course as part of a tech-prep program under Subchapter T, Chapter 61].

SECTION 5. The following provisions of the Education Code are repealed:

(1) Section 29.185(b); and

(2) Subchapter T, Chapter 61.

SECTION 6. This Act applies beginning with the 2018-2019 school year.

SECTION 7. This Act takes effect September 1, 2017.

______________________________ ______________________________

President of the Senate Speaker of the House

I hereby certify that S.B. No. 22 passed the Senate on March 28, 2017, by the following vote: Yeas 31, Nays 0.

______________________________ Secretary of the Senate

I hereby certify that S.B. No. 22 passed the House on May 20, 2017, by the following vote: Yeas 135, Nays 1, one present not voting.

______________________________ Chief Clerk of the House

Approved:

______________________________

Date

______________________________

Governor