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.