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  S.B. No. 22
 
 
 
 
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)  six members representing industry or business
  partners that participate or seek to participate in the P-TECH
  program appointed as follows:
                     (A)  two members 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 P-TECH program must be provided at no cost to
  participating students.
         (g)  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.
         (h)  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.  ACCIDENT MEDICAL EXPENSE, 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 accident medical expense, 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 of which
  the school district or open-enrollment charter school is a member.
         (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
  accident medical expense, liability, or automobile insurance
  coverage under this section, the district or school 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, or any specific amount of 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.
         (b-1)  The total amount of grants awarded under the grant
  program for the state fiscal biennium ending August 31, 2019, may
  not exceed $5 million.  This subsection expires December 1, 2019.
         (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.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 22 passed the Senate on
  March 28, 2017, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 22 passed the House on
  May 20, 2017, by the following vote:  Yeas 135, Nays 1, one
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor