S.B. No. 22
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.
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
(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:
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
(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;
(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
(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
(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
(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
(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
(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
(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
(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
(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
I hereby certify that S.B. No. 22 passed the Senate on
March 28, 2017, by the following vote: Yeas 31, Nays 0.
I hereby certify that S.B. No. 22 passed the House on