88R25712 DIO-F     By: Gates, Harris of Anderson, Burrows, H.B. No. 2615       Canales, Allen, et al.     Substitute the following for H.B. No. 2615:     By:  Buckley C.S.H.B. No. 2615       A BILL TO BE ENTITLED   AN ACT   relating to the operation by a school district of a foundation and   trade diploma program to provide eligible high school students with   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. FOUNDATION AND TRADE DIPLOMA PROGRAMS          SECTION 1.01.  Subtitle F, Title 2, Education Code, is   amended by adding Chapter 30B to read as follows:   CHAPTER 30B. FOUNDATION AND TRADE DIPLOMA PROGRAMS          Sec. 30B.001.  DEFINITION. In this chapter, "board" means   the State Board of Education.          Sec. 30B.002.  PURPOSE. The purpose of a foundation and   trade diploma program operated under this chapter and authorized as   a campus or campus program under Subchapter C, Chapter 12, is to   provide public education to high school students:                (1)  whose educational needs are better served by   tailored education and training; and                (2)  for whom a P-TECH program established under   Subchapter N, Chapter 29, is not academically appropriate or would   not provide adequate opportunities.          Sec. 30B.003.  FOUNDATION AND TRADE DIPLOMA PROGRAM. (a)   Each foundation and trade diploma program authorized under   Subchapter C, Chapter 12, and operating under this chapter shall   offer students who reside in the district a program that is:                (1)  aligned with mathematics, English language, and   other skills and content adequate for the foundation and trade   diploma program, including essential knowledge and skills in   English language arts, mathematics, science, and social studies;                (2)  designed to allow students to satisfy requirements   related to:                      (A)  industry-recognized credentials and   certificates included in the inventory required by Section 312.003,   Labor Code; or                      (B)  industry-defined and industry-recognized   skill standards developed under Section 2308.109, Government Code;   and                (3)  tailored to serve as an entry point to high-wage   and high-growth jobs and industries as determined by the agency.          (a-1)  In determining high-wage and high-growth jobs and   industries under Subsection (a)(3), the agency shall consider:                (1)  the average salary or wages and available work   opportunities for the applicable career, based on valid and   reliable data; and                (2)  to the extent feasible, the variety of   opportunities available to foundation and trade diploma students.          (b)  The board shall require the successful completion of 24   credits, as provided by Subsection (c), for graduation and the   issuance of a foundation and trade diploma under Section 30B.004.          (c)  Before the issuance to a student of a foundation and   trade diploma, the board shall require the successful completion   of:                (1)  one credit in English I;                (2)  one credit in English II;                (3)  one credit in Algebra I;                (4)  one additional mathematics credit;                (5)  one credit in biology;                (6)  one additional science credit;                (7)  one credit in United States history;                (8)  one credit in a course providing instruction   regarding the relationship between business and the federal   government;                (9)  one credit in physical education;                (10)  one credit in a language course in a language   other than English;                (11)  one credit in fine arts;                (12)  one credit in a course that provides instruction   in basic knowledge and skills necessary to successfully run an   independent business;                (13)  one credit in a course that provides instruction   in basic knowledge and skills necessary to develop   entrepreneurship;                (14)  one credit in a course that provides instruction   regarding financial education;                (15)  nine credits in career and technical education   courses related to industry-defined and industry-recognized skill   standards developed under Section 2308.109, Government Code; and                (16)  one credit for an internship of no less than 120   hours in a job or industry approved by the board.          (d)  In providing curriculum requirements described by   Subsection (c)(15) the board may only require career and technical   education courses in:                (1)  computer programming and software development;                (2)  cybersecurity;                (3)  plumbing and pipefitting;                (4)  electricity;                (5)  welding;                (6)  diesel and heavy equipment;                (7)  aviation maintenance;                (8)  applied agricultural engineering;                (9)  heating, ventilation, and air conditioning;                (10)  property management; and                (11)  residential construction.          (e)  In providing the curriculum requirements under   Subsection (c), the board may not require curriculum based on   essential knowledge and skills identified for a course of   instruction intended for students enrolled in a P-TECH program   established under Subchapter N, Chapter 29. The curriculum   requirements under Subsection (c) may only be based on essential   knowledge and skills identified by the board and described by   Subsection (a)(1).          (f)  The board by rule shall provide curriculum standards for   the courses described by Subsection (c). The agency shall provide   support to the board in establishing curriculum requirements under   that subsection.          (g)  In offering a foundation and trade diploma 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 training under a certificate program or an associate degree   program.          (h)  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 foundation and   trade diploma program and receiving academic or technical education   or training from a college or institution under a partnership   entered into under Subsection (g).          Sec. 30B.004.  FOUNDATION AND TRADE HIGH SCHOOL DIPLOMA.   Notwithstanding any other law, agency rule, or school district   policy, a student enrolled in a district's foundation and trade   diploma program is entitled to receive a high school diploma from   the district if the student:                (1)  successfully completes the required curriculum   established by the board under Section 30B.003;                (2)  satisfies any other high school graduation   requirements provided by commissioner rule for students obtaining a   high school diploma under the district's foundation and trade   diploma program; and                (3)  either:                      (A)  achieves satisfactory performance on each   end-of-course assessment instrument administered to the student   under Section 39.023(c); or                      (B)  is determined to be qualified to graduate by   the student's individual graduation committee established under   Section 28.0258 for the student by the district operating the   foundation and trade diploma program.          Sec. 30B.005.  ENROLLMENT ELIGIBILITY. A student is   eligible to enroll in a school district's foundation and trade   diploma 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 foundation and trade diploma 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 foundation   and trade diploma 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 foundation and trade   diploma 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 foundation and trade diploma 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 foundation and   trade diploma 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   foundation and trade diploma 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 foundation and trade   diploma program to earn an industry-recognized license,   credential, or certificate.          (b)  A student enrolled in a district's foundation and trade   diploma program shall be administered the end-of-course assessment   for each secondary level course in which the student enrolls that is   listed in Section 39.023(c), as provided by that section.          (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.  REIMBURSEMENT FOR CERTAIN EXAMS. (a)   Subject to Subsection (b), a student enrolled in a school   district's foundation and trade diploma program is entitled to   reimbursement from the district for the cost paid by the student for   an exam administered under Section 30B.007 that qualifies the   student for an industry-recognized license, credential, or   certificate.          (b)  A student may receive reimbursement under this section   for the cost paid for one examination in each school year.          Sec. 30B.009.  ACHIEVEMENT INDICATORS. (a) The   commissioner shall adopt a set of achievement indicators for school   district students enrolled in a district's foundation and trade   diploma 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 foundation and trade   diploma 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 foundation and trade diploma   programs and students who enroll in those programs.          (c)  Each school district that operates a foundation and   trade diploma program under this chapter shall submit to the   commissioner all relevant information the commissioner determines   necessary to evaluate the district's foundation and trade diploma   program based on the achievement indicators adopted under this   section.          (c-1)  Each year, the commissioner shall determine for each   foundation and trade diploma program operated under this chapter a   cohort to evaluate the implementation and effectiveness of the   foundation and trade diploma program.          (d)  The commissioner shall annually publish a report on the   performance of foundation and trade diploma programs operated under   this chapter based on the achievement indicators and the evaluation   of the cohorts established under Subsection (c-1).          Sec. 30B.010.  MINIMUM INSTRUCTOR QUALIFICATIONS. (a) A   person employed by a school district as a foundation and trade   diploma program instructor 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 foundation   and trade diploma program instructor 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 foundation and trade diploma 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) To   ensure students have sufficient opportunities to participate in   apprenticeship training programs and other workplace-based   education, a school district operating a foundation and trade   diploma program under this chapter may partner with:                (1)  private sector businesses; and                (2)  institutions of higher education that offer   workforce development training programs that culminate in the   attainment of an industry-recognized certification upon   satisfactory completion, including Texas State Technical College.          (b)  A partnership under Subsection (a) may allow for the use   of the partnering entity's facilities for purposes of a foundation   and trade diploma program operated under this chapter.          (c)  A school district may sponsor apprenticeship training   programs under Chapter 133 for students enrolled in the district's   foundation and trade diploma program.          Sec. 30B.013.  LIMITATION ON CAREER AND TECHNOLOGY EDUCATION   ALLOTMENT. For each student enrolled in a school district's   foundation and trade diploma 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 for a campus   designated as a P-TECH school, in accordance with Subsection (a-1)   of that section.          Sec. 30B.0131.  APPLICATION TO CERTAIN GRANT PROGRAM.  (a)  A   school district operating a foundation and trade diploma program   under this chapter may apply to the grant program established under   Section 29.556 in the same manner a school district that implements   or seeks to implement a P-TECH program may apply to the grant   program under that section.          (b)  Funds obtained under Subsection (a) may only be used for   the purposes described by Section 30B.003(h).          Sec. 30B.014.  STUDY ON IMPLEMENTATION AND EFFECTIVENESS OF   FOUNDATION AND TRADE DIPLOMA PROGRAMS.  (a)  The board shall conduct   an annual study on the implementation and effectiveness of   foundation and trade diploma programs operated under this chapter.          (b)  Not later than December 31 of each year, the board shall   submit to the legislature and the special committee established   under Section 30B.015 a report on the results of the study and any   recommendations for legislative or other action.          (c)  The agency shall provide support to the board in   conducting the study under Subsection (a).          Sec. 30B.015.  LEGISLATIVE OVERSIGHT COMMITTEE.  (a)  The   legislative oversight committee on foundation and trade diploma   programs is composed of six members as follows:                (1)  three members of the senate appointed by the   lieutenant governor; and                (2)  three members of the house of representatives   appointed by the speaker of the house of representatives.          (b)  The committee shall:                (1)  meet at least twice a year; and                (2)  receive the report issued under Section 30B.014   and any other information regarding the implementation and   effectiveness of the foundation and trade diploma programs operated   under this chapter, including information regarding rules relating   to foundation and trade diploma programs adopted or proposed for   adoption by the board.          (c)  The committee may request reports and other information   from the agency, the board, or a school district relating to the   operation of foundation and trade diploma programs under this   chapter.          (d)  The committee shall review specific recommendations for   legislation related to this chapter that are contained in the   report submitted under Section 30B.014 or that are otherwise   proposed by the agency, the board, a school district, or relevant   stakeholders.          (e)  The committee shall monitor the operation of the   foundation and trade diploma programs under this chapter with   emphasis on the manner of implementation and effectiveness of the   programs to achieve the purpose described by Section 30B.002.          (f)  Not later than December 31 of each even-numbered year,   the committee shall file a report with the governor, lieutenant   governor, and speaker of the house of representatives.          (g)  The report under Subsection (f) must include a   description of any problems identified by the committee with   respect to the implementation and effectiveness of foundation and   trade diploma programs operated under this chapter and the   committee's recommendations regarding proposed legislative actions   to address those problems.   ARTICLE 2. OPERATION OF FOUNDATION AND TRADE DIPLOMA PROGRAM AS   CAMPUS OR CAMPUS PROGRAM          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 foundation and trade diploma program   under Chapter 30B operated as a campus or campus program under this   subchapter if the program is administered in accordance with   Chapter 30B and any applicable rules adopted by the agency or 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 foundation and   trade diploma program under Chapter 30B operated as a campus or   campus program 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 a foundation and trade diploma program under Chapter   30B operated as a campus or campus program 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 FOUNDATION AND TRADE DIPLOMA PROGRAM STUDENTS          SECTION 3.01.  Section 48.106, Education Code, is amended by   amending Subsections (a) and (c) and adding Subsection (a-2) to   read as follows:          (a)  Subject to Subsection (a-2), 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 an annual allotment equal to the basic   allotment, or, if applicable, the sum of the basic allotment and the   allotment under Section 48.101 to which the district is entitled,   multiplied by:                (1)  1.1 for a full-time equivalent student in career   and technology education courses not in an approved program of   study;                (2)  1.28 for a full-time equivalent student in levels   one and two career and technology education courses in an approved   program of study, as identified by the agency; and                (3)  1.47 for a full-time equivalent student in levels   three and four career and technology education courses in an   approved program of study, as identified by the agency.          (a-2)  For each full-time equivalent student in average   daily attendance in a foundation and trade diploma program operated   under Chapter 30B and authorized 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.          (c)  At least 65 [55] percent of the funds allocated under   this section must be used in providing career and technology   education programs in grades 7 through 12.          SECTION 3.02.  Sections 48.110(b), (f), and (h), Education   Code, are amended to read as follows:          (b)  For purposes of the outcomes bonus under this section,   the commissioner shall determine the threshold percentage as   provided by Subsection (g) for college, career, or military   readiness as described by Subsection (f) for each of the following   cohorts:                (1)  annual graduates who are educationally   disadvantaged;                (2)  annual graduates who are not educationally   disadvantaged; [and]                (3)  annual graduates who are enrolled in a special   education program under Subchapter A, Chapter 29, regardless of   whether the annual graduates are educationally disadvantaged; and                (4)  annual graduates who are enrolled in a foundation   and trade diploma program under Chapter 30B.          (f)  For purposes of this section, an annual graduate   demonstrates:                (1)  college readiness if the annual graduate:                      (A)  both:                            (i)  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)  during a time period established by   commissioner rule, enrolls at a postsecondary educational   institution; or                      (B)  earns an associate degree from a   postsecondary educational institution approved by the Texas Higher   Education Coordinating Board while attending high school or during   a time period established by commissioner rule;                (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   foundation and trade diploma 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   or the Texas National Guard.          (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.  Not later than December 1, 2024, the   appropriate appointing authority shall appoint the members to the   legislative oversight committee on foundation and trade diploma   programs as required by Section 30B.015, Education Code, as added   by this Act.          SECTION 4.02.  This Act applies beginning with the 2023-2024   school year.          SECTION 4.03.  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, 2023.