85R7946 KJE-D     By: Taylor of Galveston S.B. No. 22       A BILL TO BE ENTITLED   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)  five members representing industry or business   partners that participate or seek to participate in the P-TECH   program appointed as follows:                      (A)  one member 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 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.          (g)  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.  HEALTH BENEFIT PLAN, 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 health benefit plan, 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.          (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 health   benefit plan, liability, or automobile insurance coverage under   this section, the board or governing body 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 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.          (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.