By: Gates H.B. No. 129
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the operation by a school district of a vocational
  education program to provide eligible high school students with
  vocational and educational training under a plan for the issuance
  of a high school diploma and the application of certain
  student-based allotments under the public school finance system.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. VOCATIONAL EDUCATION PROGRAMS
         SECTION 1.01.  Subtitle F, Title 2, Education Code, is
  amended by adding Chapter 30B to read as follows:
  CHAPTER 30B.  VOCATIONAL EDUCATION PROGRAMS
         Sec. 30B.001.  DEFINITION. In this chapter, "board" means
  the State Board of Education.
         Sec. 30B.002.  PURPOSE. The purpose of a vocational
  education program operated under this chapter and authorized as a
  campus or campus program under a charter granted under Subchapter
  C, Chapter 12, is to provide public education to high school
  students whose educational needs are better served by focused
  vocational education and training.
         Sec. 30B.003.  VOCATIONAL EDUCATION PROGRAM. (a) Each
  vocational education program granted a charter under Subchapter C,
  Chapter 12, and operating under this chapter shall offer students
  who reside in the district a program that is aligned with:
               (1)  industry-recognized credentials and certificates
  included in the inventory required by Section 29.189; or
               (2)  industry-defined and industry-recognized skill
  standards developed under Section 2308.109, Government Code.
         (b)  The board shall establish minimum curriculum
  requirements for a vocational education program operated under this
  chapter. In providing curriculum requirements, the board shall
  require the successful completion of not more than 24 credits for
  graduation and the issuance of a diploma under Section 30B.004. Not
  less than 10 credits of the minimum curriculum requirements must be
  credits earned in vocational education courses offered under the
  program.
         (c)  A vocational education program may require the
  completion of additional credits that are not included in the
  minimum curriculum requirements established by the board, as
  requirements for graduation and the issuance of a diploma under
  Section 30B.004 provided that the program does not require the
  successful completion of more than 24 credits.
         (d)  In providing the minimum curriculum requirements under
  Subsection (b), the board shall require:
               (1)  one-half credit in a course that provides
  instruction in the basic knowledge and skills necessary to:
                     (A)  successfully run an independent business;
  and
                     (B)  develop entrepreneurship;
               (2)  one-half credit in a course providing instruction
  regarding the relationship between business and government; and
               (3)  one-half credit in a course in industrial arts.
         (e)  The board by rule may provide curriculum standards for
  the courses described by Subsection (d).
         (f)  The board by rule shall allow for a student to satisfy
  the one-half credit requirement for a course described by:
               (1)  Subsection (d)(2) by earning one-half credit for a
  course in government offered under the foundation high school
  program; and
               (2)  Subsection (d)(3) by earning one-half credit for a
  course in fine arts offered under the foundation high school
  program.
         (g)  The board by rule may require that one or more courses
  described by Subsection (d) or (f) provide basic instruction in
  technical writing.
         (h)  In offering a vocational education program under this
  chapter, a school district may form partnerships between the
  district and public junior colleges, public technical institutes,
  public state colleges, and any other public postsecondary
  institutions in this state offering academic or technical education
  or vocational training under a certificate program or an associate
  degree program.
         (i)  A school district may use state funding received under
  Chapter 48 that is available for the purpose to pay tuition costs
  for district students enrolled in the district's vocational
  education program and receiving academic or technical education or
  vocational training from a college or institution under a
  partnership entered into under Subsection (h).
         Sec. 30B.004.  VOCATIONAL HIGH SCHOOL DIPLOMA.
  Notwithstanding any other law, agency rule, or school district
  policy, a student who successfully completes the course
  requirements for a district's vocational education program is
  entitled to receive a high school diploma from the district in
  accordance with commissioner rules concerning high school
  graduation requirements for students obtaining a high school
  diploma under a district's vocational education program.
         Sec. 30B.005.  ENROLLMENT ELIGIBILITY. A student is
  eligible to enroll in a school district's vocational education
  program if:
               (1)  the district has received the form indicating
  informed consent for the student under Section 30B.006; and
               (2)  the student attends a high school campus of the
  district and has completed the student's 10th grade year.
         Sec. 30B.006.  INFORMED CONSENT. (a) Before a student may
  enroll in a school district's vocational education program, the
  student and the student's parent, guardian, or other person
  standing in parental relation to the student must be advised by a
  school counselor concerning:
               (1)  specific benefits of graduating under the
  foundation high school program established under Section 28.025;
               (2)  specific benefits of graduating under a vocational
  education program with a diploma and earning industry-recognized
  credentials through the program;
               (3)  the differences between the curriculum
  requirements for obtaining a diploma under a vocational education
  program and the curriculum requirements for obtaining a diploma
  under the foundation high school program, including specific
  foundation high school program courses that will be replaced by
  vocational education program courses; and
               (4)  the number of additional credits that may be
  required to graduate under the foundation high school program if
  the student chooses to cease participation in a vocational
  education program and resume participation in the foundation high
  school program.
         (b)  After receiving the required counseling described by
  Subsection (a), the student's parent, guardian, or other person
  standing in parental relation to the student may provide written
  permission for the student to enroll in the school district's
  vocational education program, on a form adopted by the agency, to
  the school counselor.
         Sec. 30B.007.  ASSESSMENT INSTRUMENTS. (a) A school
  district may adopt and administer assessment instruments necessary
  for a student enrolled in the district's vocational education
  program to earn an industry-recognized license, credential, or
  certificate.
         (b)  Notwithstanding any other law, the commissioner may not
  require that a student enrolled in a district's vocational
  education program be administered an assessment instrument under
  Section 39.023 that is not required to be administered to the
  student under federal law.
         (c)  The commissioner may not waive the application of
  Subsection (b) under Section 7.056 or any other law. This
  subsection does not prohibit the commissioner from waiving the
  administration of assessment instruments otherwise required to be
  administered to students under federal law, in accordance with
  waiver authority granted to the commissioner by the United States
  Department of Education.
         Sec. 30B.008.  EXAM SUBSIDY. A student enrolled in a school
  district's vocational education program is entitled to an exam
  subsidy for an exam administered under Section 30B.007 that
  qualifies the student for an industry-recognized license,
  credential, or certificate.
         Sec. 30B.009.  ACHIEVEMENT INDICATORS. (a) The
  commissioner shall adopt a set of achievement indicators for school
  district students enrolled in a district's vocational education
  program based on recommendations provided by the Texas Workforce
  Investment Council.
         (b)  The achievement indicators adopted by the commissioner
  must measure outcomes for a school district's vocational education
  program with respect to:
               (1)  preparing students for success in:
                     (A)  achieving industry-recognized licenses,
  credentials, and certificates;
                     (B)  training in postsecondary occupational
  programs; and
                     (C)  entering the workforce;
               (2)  reducing outcome differentials among students
  from different racial and ethnic groups and socioeconomic
  backgrounds; and
               (3)  informing parents and employers regarding the
  performance of school district vocational education programs and
  students who enroll in those programs.
         (c)  Each school district that operates a vocational
  education program under this chapter shall submit to the
  commissioner all relevant information the commissioner determines
  necessary to evaluate the district's vocational education program
  based on the achievement indicators adopted under this section.
         (d)  The commissioner shall annually publish a report on the
  performance of vocational education programs operated under this
  chapter based on the achievement indicators.
         Sec. 30B.010.  MINIMUM INSTRUCTOR QUALIFICATIONS. (a) A
  person employed by a school district as a vocational education
  instructor of a district's vocational education program must have
  demonstrated subject matter expertise related to the subject
  taught, including:
               (1)  professional work experience;
               (2)  formal training and education;
               (3)  holding a relevant, active, industry-recognized
  license, credential, or certificate; or
               (4)  any combination of Subdivisions (1), (2), and (3).
         (b)  A person employed by a school district as a vocational
  education instructor of a district's vocational education program
  must have received at least 20 hours of classroom management
  training as determined by the board of trustees of the district.
         Sec. 30B.011.  MEMBERSHIP IN TEACHER RETIREMENT SYSTEM OF
  TEXAS. A school district employee who provides services under the
  district's vocational education program and qualifies for
  membership in the Teacher Retirement System of Texas shall be
  covered under the system to the same extent another qualified
  employee of a school district is covered.
         Sec. 30B.012.  BUSINESS AND INDUSTRY PARTNERSHIPS. (a) A
  school district operating a vocational education program under this
  chapter may partner with private sector businesses to ensure
  students have sufficient opportunities to participate in
  apprenticeship training programs and other workplace-based
  education.
         (b)  A school district may sponsor apprenticeship training
  programs under Chapter 133 for students enrolled in the district's
  vocational education program.
         Sec. 30B.013.  LIMITATION ON CAREER AND TECHNOLOGY EDUCATION
  ALLOTMENT. For each student enrolled in a school district's
  vocational education program, the district's entitlement to the
  career and technology education allotment under Section 48.106 is
  limited to the amount determined by the commissioner in accordance
  with Subsection (a-1) of that section.
  ARTICLE 2. OPERATION OF VOCATIONAL EDUCATION PROGRAM AS CAMPUS OR
  CAMPUS PROGRAM CHARTER
         SECTION 2.01.  Section 12.056, Education Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  Notwithstanding Subsection (b), requirements related to
  high school graduation under Section 28.025 do not apply to the
  issuance of a diploma under a vocational education program under
  Chapter 30B operated as a campus or campus program under a charter
  granted under this subchapter if the program is administered in
  accordance with Chapter 30B and any applicable rules adopted by the
  State Board of Education under that chapter.
         SECTION 2.02.  Section 28.016(b), Education Code, is amended
  to read as follows:
         (b)  The instruction must include information regarding:
               (1)  the creation of a high school personal graduation
  plan under Section 28.02121;
               (2)  the distinguished level of achievement described
  by Section 28.025(b-15);
               (3)  each endorsement described by Section
  28.025(c-1);
               (4)  college readiness standards; [and]
               (5)  potential career choices and the education needed
  to enter those careers; and
               (6)  programs of study offered through a vocational
  education program under Chapter 30B operated as a campus or campus
  program under a charter granted under Subchapter C, Chapter 12.
         SECTION 2.03.  Section 29.182(b), Education Code, is amended
  to read as follows:
         (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 technology education
  programs;
               (2)  the state complies with requirements for
  supplemental federal career and technology education funding;
               (3)  career and technology education is established as
  a part of the total education system of this state and constitutes
  an option for student learning that provides a rigorous course of
  study consistent with the required curriculum under Section 28.002
  and under which a student may receive specific education in a career
  and technology program that:
                     (A)  incorporates competencies leading to
  academic and technical skill attainment;
                     (B)  leads to:
                           (i)  an industry-recognized license,
  credential, or certificate; or
                           (ii)  at the postsecondary level, an
  associate or baccalaureate degree;
                     (C)  includes opportunities for students to earn
  college credit for coursework; [and]
                     (D)  includes, as an integral part of the program,
  participation by students and teachers in activities of career and
  technical student organizations supported by the agency and the
  State Board of Education; and
                     (E)  includes the opportunity for students to
  participate in focused vocational education through a vocational
  education program under Chapter 30B operated as a campus or campus
  program under a charter granted under Subchapter C, Chapter 12; and
               (4)  a school district provides, to the greatest extent
  possible, to a student participating in a career and technology
  education program opportunities to enroll in dual credit courses
  designed to lead to a degree, license, or certification as part of
  the program.
  ARTICLE 3. APPLICATION OF CERTAIN STUDENT-BASED ALLOTMENTS
  REGARDING VOCATIONAL EDUCATION PROGRAM STUDENTS
         SECTION 3.01.  Section 48.106, Education Code, is amended by
  amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  Subject to Subsection (a-1), for [For] each full-time
  equivalent student in average daily attendance in an approved
  career and technology education program in grades 7 through 12, a
  district is entitled to:
               (1)  an annual allotment equal to the basic allotment
  multiplied by a weight of 1.35; and
               (2)  $50 for each of the following in which the student
  is enrolled:
                     (A)  two or more advanced career and technology
  education classes for a total of three or more credits;
                     (B)  a campus designated as a P-TECH school under
  Section 29.556; or
                     (C)  a campus that is a member of the New Tech
  Network and that focuses on project-based learning and work-based
  education.
         (a-1)  For each full-time equivalent student in average
  daily attendance in a vocational education program operated under
  Chapter 30B and authorized as a campus or campus program under a
  charter granted under Subchapter C, Chapter 12, only the first 10
  hours of instructional hours provided to those students under the
  program each week qualify toward the district's entitlement to the
  allotment under Subsection (a)(1), and the commissioner shall
  proportionately reduce the amount of the entitlement accordingly to
  an amount that reflects the limitation on qualified instructional
  hours per week using a method adopted by the commissioner.
         SECTION 3.02.  Sections 48.110(f) and (h), Education Code,
  are amended to read as follows:
         (f)  For purposes of this section, an annual graduate
  demonstrates:
               (1)  college readiness if the annual graduate:
                     (A)  achieves college readiness standards used
  for accountability purposes under Chapter 39 on the ACT, the SAT, or
  an assessment instrument designated by the Texas Higher Education
  Coordinating Board under Section 51.334; and
                     (B)  during a time period established by
  commissioner rule, enrolls at a postsecondary educational
  institution;
               (2)  career readiness if:
                     (A)  the annual graduate:
                           (i) [(A)]  achieves college readiness
  standards used for accountability purposes under Chapter 39 on the
  ACT, the SAT, or an assessment instrument designated by the Texas
  Higher Education Coordinating Board under Section 51.334; and
                           (ii) [(B)]  during a time period established
  by commissioner rule, earns an industry-accepted certificate; or
                     (B)  the annual graduate earns an
  industry-recognized license, credential, or certificate under a
  vocational education program under Chapter 30B; and
               (3)  military readiness if the annual graduate:
                     (A)  achieves a passing score set by the
  applicable military branch on the Armed Services Vocational
  Aptitude Battery; and
                     (B)  during a time period established by
  commissioner rule, enlists in the armed forces of the United
  States.
         (h)  On application by a school district, the commissioner
  may allow annual graduates from the district to satisfy the
  requirement for demonstrating career readiness under Subsection
  (f)(2)(A)(ii) [(f)(2)(B)] by successfully completing a coherent
  sequence of courses required to obtain an industry-accepted
  certificate. The district must demonstrate in the application that
  the district is unable to provide sufficient courses or programs to
  enable students enrolled at the district to earn an
  industry-accepted certificate within the time period established
  by the commissioner under Subsection (f)(2)(A)(ii) [(f)(2)(B)].
  The commissioner by rule shall provide the criteria required for an
  application under this subsection.
  ARTICLE 4. TRANSITION; EFFECTIVE DATE
         SECTION 4.01.  This Act applies beginning with the 2022-2023
  school year.
         SECTION 4.02.  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 on the 91st day after the last day of
  the legislative session.