EHBF(LEGAL) - SPECIAL PROGRAMS: CAREER AND TECHNICAL EDUCATION
Career and Technology Program
Each public school student shall master the basic skills and knowledge necessary for managing the dual roles of family member and wage earner and for gaining entry-level employment in a high-skill, high-wage job or continuing the student's education at the post-secondary level. Education Code 29.181.
The board may conduct and supervise career and technology classes and other educational programs for students and for other persons of all ages and spend local maintenance funds for the cost of those classes and programs. In developing a career and technology program, the board shall consider the state plan for career and technology education. Education Code 29.183 [See EEL]
Distinguished Achievement in Career and Technology Education
The board may develop and offer a program that provides a rigorous course of study consistent with the required curriculum [see EHAA] and under which a student may:
- Receive specific education in a career and technology profession that leads to postsecondary education or meets or exceeds business or industry standards;
- Obtain from a district an award for distinguished achievement in career and technology education and a stamp or other notation on the student's transcript that indicates receipt of the award.
An award granted under this section is not in lieu of a diploma or certificate of coursework completion. [See EI]
In developing the program, the board shall consider the state plan for career and technology education. The board must submit the proposed program to the commissioner of education in accordance with criteria established by the commissioner.
Contracts with Other Entities
The board may contract with an entity listed in Education Code 29.184(a) [see EEL] for assistance in developing the program or providing instruction to district students participating in the program. The board may also contract with a local business or a local institution of higher education for assistance in developing or operating a career and technology education program. A program may provide education in areas of technology unique to the local area.
Education Code 29.187
The board may provide insurance to protect a business that contracts with a district under this provision. [See CRB] Education Code 29.191
The following provisions apply only to districts receiving federal career and technical education funds. 19 TAC 75.1021
Federal CTE Funding
An eligible secondary entity seeking financial assistance under the Carl D. Perkins Act of 2006 shall submit a local plan to the Texas Education Agency (TEA) as described in 20 U.S.C. 2354, in accordance with requirements establish by TEA. Each eligible recipient that receives funding under the Carl D. Perkins Act of 2006 shall use the funds to improve career and technical education programs in compliance with 20 U.S.C. 2355. 19 TAC 75.1022
For information regarding federal career and technical funds under the "Strengthening Career and Technical Education for the 21st Century Act" (the reauthorization of the Carl D. Perkins Act of 2006), see 20 U.S.C. 2301 et seq.
A district shall annually evaluate its career and technical education programs. 19 TAC 75.1025
Members of special populations shall be provided career and technical services in accordance with all applicable federal and state laws, regulations, and rules. 19 TAC 75.1023(a)
For purposes of this section, a "member of a special population" includes:
- An individual with a disability [see EHBAB];
- An individual from an economically disadvantaged family, including low-income youth and adults;
- An individual preparing for nontraditional fields;
- A single parent, including a single pregnant woman;
- An out-of-workforce individual;
- An English learner;
- A homeless individual described in Section 725 of the McKinney-Vento Homeless Assistance Act;
- Youth who are in, or have aged out of, the foster care system; and
- Youth with a parent who is a member of the armed forces and is on active duty.
20 U.S.C. 2302(29)
Students with Disabilities
A student with a disability shall be provided career and technical education in accordance with all applicable federal law and regulations including the Individuals with Disabilities Education Act (IDEA) of 2004 and its implementing regulations, state statutes, and rules of the SBOE and the commissioner.
A student with a disability shall be instructed in accordance with the student's individualized education program (IEP), in the least restrictive environment, as determined by the admission, review, and dismissal (ARD) committee. If a student with a disability is unable to receive a free appropriate public education (educational benefit) in a regular career and technical education program, using supplementary aids and services, the student may be served in separate programs designed to address the student's occupational/training needs, such as career and technical education for students with disabilities (CTED). [See EHBA]
A student with a disability identified in accordance with IDEA of 2004 is an eligible participant in career and technical education when the following requirements are met:
- The ARD committee shall include a representative from career and technical education, preferably the teacher, when considering initial or continued placement of a student in career and technical education program;
- Planning for the student shall be coordinated among career and technical education, special education, and state rehabilitation agencies and should include a coherent sequence of courses;
- A district shall monitor to determine if the instruction being provided a student with a disability in career and technical education classes is consistent with the student's IEP;
- A district shall provide supplementary services that each student with a disability needs to successfully complete a career and technical education program, such as curriculum modification, equipment modification, classroom modification, supportive personnel, and instructional aids and devices;
- A district shall help fulfill the transitional service requirements of the IDEA of 2004 and implementing regulations, state statutes, and rules of the commissioner for each student with a disability who is completing a coherent sequence of career and technical education courses; and
- When determining placement in a career and technical education classroom, the ARD committee shall consider a student's graduation plan, the content of the individual transition plan, the IEP, and classroom supports. Enrollment numbers should not create a harmful effect on student learning for a student with or without disabilities in accordance with the provisions in the IDEA of 2004 and its implementing regulations.
19 TAC 75.1023
A district may use federal career and technical education funds to provide opportunities for student participation in approved student leadership organizations and assist career and technical student organizations in accordance with all applicable federal and state laws, rules, and regulations. A student shall not, however, be required to join a career and technical student organization. Student participation in career and technical student organizations shall be governed in accordance with 19 Administrative Code Chapter 76 (extracurricular activities).
The following career and technical student organizations are recognized by the U.S. Department of Education and TEA:
- Business Professionals of America (BPA);
- Future Business Leaders of America (FBLA);
- Family, Career, and Community Leaders of America (FCCLA);
- Health Occupations Students of America (HOSA);
- Technology Student Association (TSA); and
19 TAC 75.1024 [See FM]
A student is entitled to a subsidy for a certification exam if:
- The student:
- Successfully completes the career and technology program of a school district in which the student receives training and instruction for employment; or
- Is enrolled in a special education program under Education Code Chapter 29, Subchapter A; and
- The student passes a certification examination to qualify for a license or certificate that is an industry certification for purposes of state accountability [see AIA], administered while the student is enrolled in a school district.
A student may not receive more than one subsidy under Education Code 29.190.
To obtain reimbursement for a subsidy paid under this provision, a district must pay the fee for the examination and submit to the commissioner a written application on a form prescribed by the commissioner stating the amount of the fee paid for the certification examination.
Education Code 29.190
A district is entitled to reimbursement for the amount of a subsidy paid by the district for a student's certification examination under these provisions. Education Code 48.156