By:  Nelson, Zaffirini, Shapiro                        S.B. No. 993
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to community education and community education development
    1-2  projects.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subsection (c), Section 11.201, Education Code,
    1-5  is amended to read as follows:
    1-6        (c)  For purposes of this section, "community education"
    1-7  means the process by which the citizens in a school district, using
    1-8  the resources and facilities of the district, organize to support
    1-9  each other and to solve their mutual educational problems and meet
   1-10  their mutual lifelong needs.  Community education may include:
   1-11              (1)  educational programs, including occupational and
   1-12  technological skills training, retraining for displaced workers,
   1-13  cultural awareness, parenting skills education and parental
   1-14  involvement in school programs, and multi-level adult education and
   1-15  personal growth programs;
   1-16              (2)  community involvement programs, including programs
   1-17  for community economic development, school volunteers, partnerships
   1-18  between schools and businesses, coordination with community
   1-19  agencies, school-age child care, family and workplace literacy, and
   1-20  community use of facilities; and
   1-21              (3)  programs for youth enrolled in schools, including
   1-22  dropout prevention and recovery programs, drug-free school
   1-23  programs, school-age parenting programs, and academic enhancement
    2-1  <community education services are defined in accordance with the
    2-2  definition contained in Subdivision (3) of Subsection (a) of
    2-3  Section 11.18 of this code>.
    2-4        SECTION 2.  Subchapter A, Chapter 11, Education Code, is
    2-5  amended by adding Section 11.2011 to read as follows:
    2-6        Sec. 11.2011.  COMMUNITY EDUCATION DEVELOPMENT PROJECTS.
    2-7  (a)  The legislature shall appropriate funds from the Foundation
    2-8  School Fund to the Central Education Agency for the purpose of
    2-9  developing and implementing community education projects.  The
   2-10  Foundation School Fund Budget Committee shall consider the cost of
   2-11  community education development projects in estimating the funds
   2-12  needed for Foundation School Fund purposes.  The agency shall
   2-13  actively seek federal grants or funds established under this
   2-14  section to operate and expand the programs.
   2-15        (b)  Subject to legislative appropriation and except as
   2-16  provided by Subsection (f) of this section, a school district to
   2-17  which the Central Education Agency awards funds for a community
   2-18  education development project is entitled to receive funds for
   2-19  three years.  After the third year, a project must be funded wholly
   2-20  from local sources.  State funding under this section may not
   2-21  exceed:
   2-22              (1)  $50,000 for the first year of a project;
   2-23              (2)  $35,000 for the second year of a project; or
   2-24              (3)  $20,000 for the third year of a project.
   2-25        (c)  The State Board of Education by rule shall establish
    3-1  procedures for distributing community education development funds
    3-2  to school districts.  The procedures must include a statewide
    3-3  competitive process by which the Central Education Agency, in
    3-4  accordance with procedures adopted by board rule, evaluates
    3-5  applications for community education development funds and awards
    3-6  funds to the districts whose projects the agency determines have
    3-7  the most merit.  The determination to award funds to a school
    3-8  district is a final decision as to which a district may not obtain
    3-9  administrative or judicial review except in accordance with an
   3-10  administrative review process established by board rule.
   3-11        (d)  An application for funding under this section must
   3-12  include:
   3-13              (1)  a resolution adopted by the board of trustees of
   3-14  the school district adopting a particular community education
   3-15  project plan;
   3-16              (2)  in accordance with rules adopted by the State
   3-17  Board of Education, a description of:
   3-18                    (A)  the objectives of the proposed project,
   3-19  including, if appropriate, quantitative targets for the objectives;
   3-20  and
   3-21                    (B)  the particular means by which the objectives
   3-22  will be achieved;
   3-23              (3)  the estimated funding requirements and the data or
   3-24  analysis used to prepare the estimate;
   3-25              (4)  a statement outlining the manner in which the
    4-1  proposed project achieves goals for community education and
    4-2  complies with the requirements of this section;
    4-3              (5)  a statement of the manner in which the project
    4-4  will be funded after the third year;
    4-5              (6)  a provision for a survey of community education
    4-6  needs in the district that:
    4-7                    (A)  incorporates the objectives of community
    4-8  education;
    4-9                    (B)  is completed and analyzed by the district in
   4-10  the first year of the project; and
   4-11                    (C)  adheres to statistical techniques recognized
   4-12  as valid by professional statisticians;
   4-13              (7)  a provision for the maximum efficient use of
   4-14  existing school facilities in the first year of the project;
   4-15              (8)  a provision for the establishment of an advisory
   4-16  committee of at least 15 members:
   4-17                    (A)  selected without regard to race or gender;
   4-18                    (B)  selected to reflect persons from the local
   4-19  business community, governmental agencies, public and private
   4-20  nonprofit educational interests, parents, and the general public;
   4-21  and
   4-22                    (C)  who serve without compensation; and
   4-23              (9)  a designation of a district community education
   4-24  administrator whose primary responsibility will be the
   4-25  implementation and supervision of the community education program.
    5-1        (e)  The Central Education Agency shall monitor each project
    5-2  awarded funds under this section in accordance with rules adopted
    5-3  by the State Board of Education.  The agency shall evaluate whether
    5-4  the project has satisfactorily carried out the district's
    5-5  objectives as set out in the community education project plan.  The
    5-6  board by rule may provide a process for amending the plan.
    5-7        (f)  A school district is not entitled to funding for any
    5-8  year of a project for which:
    5-9              (1)  the district did not apply for funding; or
   5-10              (2)  the Central Education Agency suspends the funding
   5-11  based on the agency's determination that the district has failed to
   5-12  satisfactorily implement the project's objectives.
   5-13        (g)  The State Board of Education by rule shall provide for
   5-14  an administrative process for the suspension of funding under
   5-15  Subsection (f)(2) of this section.  The rules must be consistent
   5-16  with the Administrative Procedure and Texas Register Act (Article
   5-17  6252-13a, Vernon's Texas Civil Statutes).
   5-18        (h)  The State Board of Education may adopt rules necessary
   5-19  to implement and enforce this section, including rules relating to
   5-20  financial audits of districts that receive funds under this
   5-21  section.  Rules adopted under this section by the State Board of
   5-22  Education or the Central Education Agency may not permit the board
   5-23  or agency to waive any provision of this section.
   5-24        (i)  The Central Education Agency may not use more than five
   5-25  percent of the funds appropriated for the projects under this
    6-1  section for the agency's administration of this section.
    6-2        (j)  In this section, "community education" has the meaning
    6-3  assigned by Section 11.201 of this code.
    6-4        SECTION 3.  Subsection (e), Section 11.18, Education Code, is
    6-5  amended to read as follows:
    6-6        (e)  Funds shall be appropriated to implement statewide adult
    6-7  basic education, adult bilingual education, high school
    6-8  equivalency, and high school credit programs to eliminate
    6-9  illiteracy in Texas and to implement and support a statewide
   6-10  program to meet the total range of adult needs for adult education
   6-11  and<,> related skill training<, and pilot programs to demonstrate
   6-12  the effectiveness of the community education concept>.  An
   6-13  additional sum of money may be appropriated to the Texas Department
   6-14  of Commerce for the purpose of skill training in direct support of
   6-15  industrial expansion and start-up, and those locations, industries,
   6-16  and occupations designated by the Texas Department of Commerce,
   6-17  when such training is also in support of the basic purposes of this
   6-18  section.  To fulfill the basic purposes of this section, an
   6-19  additional sum of money may be appropriated for skill training that
   6-20  is conducted to support the expansion of civilian employment
   6-21  opportunities on United States military reservations.  The Central
   6-22  Education Agency, in conjunction with the Texas Department of
   6-23  Commerce, may adopt rules to administer such skill training
   6-24  programs for which the Central Education Agency is responsible, and
   6-25  the Texas Department of Commerce may adopt rules to administer such
    7-1  skill training programs for which it is responsible.
    7-2        SECTION 4.  Subdivision (3), Subsection (a), Section 11.18,
    7-3  Education Code, is repealed.
    7-4        SECTION 5.  This Act takes effect September 1, 1993.
    7-5        SECTION 6.  The importance of this legislation and the
    7-6  crowded condition of the calendars in both houses create an
    7-7  emergency and an imperative public necessity that the
    7-8  constitutional rule requiring bills to be read on three several
    7-9  days in each house be suspended, and this rule is hereby suspended.