Bill Text: TX HB128 | 2021 | 87th Legislature 1st Special Session | Introduced

Texas House Bill 128 (Prior Session Legislation)

Introduced

Bill Title: 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-07-08 - Filed [HB128 Detail]

Download: Texas-2021-HB128-Introduced.html



	By: Gates	H.B. No. 128



	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 2021-2022
	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 September 1, 2021.