By:  Nelson                                            S.B. No. 993
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the creation and funding of community education
    1-2  development projects.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 11.201(c) of the Education Code is
    1-5  amended to read as follows:
    1-6        (c)  For the purposes of this section, "community education"
    1-7  shall be defined as the process by which the citizens in a school
    1-8  district, using the resources and facilities of the public school
    1-9  district, organize to support and to solve their mutual educational
   1-10  problems and meet their mutual lifelong needs.  Educational
   1-11  programs that are encompassed by community education include but
   1-12  are not limited to occupational and technological skills training,
   1-13  retraining for displaced workers, cultural awareness, parenting
   1-14  skills education and parental involvement in school programs,
   1-15  multi-level adult education and personal growth.  Community
   1-16  involvement programs that are encompassed by community education
   1-17  include but are not limited to programs for community economic
   1-18  development, school volunteers, school/business partnerships,
   1-19  community agency coordination, school age child care, family and
   1-20  workplace literacy, and community use of facilities.  Programs for
   1-21  youth enrolled in schools encompassed by community education
   1-22  include but are not limited to dropout prevention and recovery,
   1-23  Drug Free School Programs, school age parenting programs and
    2-1  academic enhancement.  <community education services are defined in
    2-2  accordance with the definition contained in Subdivision (3) of
    2-3  Subsection (a) of Section 11.18 of this code.>
    2-4        SECTION 2.  Section 11.18 (a) and (e) of the Education Code
    2-5  is amended to read as follows:
    2-6        Section 11.18.  Adult Education.  (a)  As used in this
    2-7  section, the following words and phrases shall have the indicated
    2-8  meanings:
    2-9              (1)  "Adult education" means services and instruction
   2-10  provided by public local education agencies below the college
   2-11  credit level for adults.
   2-12              (2)  "Adult" means any individual who is over the age
   2-13  of compulsory school attendance as set forth in Section 21.032 of
   2-14  this code.
   2-15              <(3)  "Community education" means the concept which
   2-16  involves the people of the community in a program designed to
   2-17  fulfill their educational needs, while promoting more effective use
   2-18  of public education facilities and other public facilities for the
   2-19  purpose of providing recreational, cultural, and other related
   2-20  community services.>
   2-21        (e)  Funds shall be appropriated to implement statewide adult
   2-22  basic education, adult bilingual education, high school
   2-23  equivalency, and high school credit programs to eliminate
   2-24  illiteracy in Texas and to implement and support a statewide
   2-25  program to meet the total range of adult needs for adult education,
    3-1  related skill training<, and pilot programs to demonstrate the
    3-2  effectiveness of the community education concept>.  An additional
    3-3  sum of money may be appropriated to the Texas Department of
    3-4  Commerce for the purpose of skill training in direct support of
    3-5  industrial expansion and start-up, and those locations, industries,
    3-6  and occupations designated by the Texas Department of Commerce,
    3-7  when such training is also in support of the basic purposes of this
    3-8  section.  To fulfill the basic purposes of this section, an
    3-9  additional sum of money may be appropriated for skill training that
   3-10  is conducted to support the expansion of civilian employment
   3-11  opportunities on United States military reservations.  The Central
   3-12  Education Agency, in conjunction with the Texas Department of
   3-13  Commerce, may adopt rules to administer such skill training
   3-14  programs for which the Central Education Agency is responsible, and
   3-15  the Texas Department of Commerce may adopt rules to administer such
   3-16  skill training programs for which it is responsible.
   3-17        SECTION 3.  Section 11.201 of the Education Code is amended
   3-18  by amending subsection (b) and adding subsection (e), to read as
   3-19  follows:
   3-20        (b)  The cost to the state for the programs described in
   3-21  subsections (a) and (c) shall be paid from the Foundation School
   3-22  Fund, and this cost shall be considered by the Foundation School
   3-23  Fund Budget Committee in estimating the funds needed for Foundation
   3-24  School Program purposes.
   3-25        (e)  DEVELOPMENTAL PROJECTS.  The Legislature shall
    4-1  appropriate funds from the Foundation School Fund for the purpose
    4-2  of developing and implementing community education projects.  A
    4-3  "community education project" shall mean a project operated by a
    4-4  public school district described in subsection (a) to provide
    4-5  community education, and shall include but not be limited to the
    4-6  projects specified in subsection (c).  Funds appropriated for the
    4-7  purpose of this subsection shall be allocated to public school
    4-8  districts as follows:
    4-9              (1)  all funds appropriated for the initiation of
   4-10  community education projects shall be appropriated to the Texas
   4-11  Education Agency.  The agency may use no more than five percent of
   4-12  such funds for the administration of its duties under this
   4-13  subsection.
   4-14              (2)  the State Board of Education shall establish by
   4-15  rule procedures for distributing developmental funds to public
   4-16  school districts.  Such procedures shall include a statewide
   4-17  competitive process by which the agency evaluates applications for
   4-18  community education development funds submitted by districts and
   4-19  awards funds to those districts whose project applications the
   4-20  agency deems to have the most merit.  Such applications must comply
   4-21  with the provisions of subsection (e)(4).  The agency's award
   4-22  determinations shall constitute final decisions and no party shall
   4-23  obtain administrative or judicial review of the decision by any
   4-24  means, except through such administrative review process as the
   4-25  Board may provide by rule.  The Board shall establish by rule
    5-1  guidelines and objectives for the agency's evaluation of the merit
    5-2  of applications.  The agency shall make funding determinations in
    5-3  accordance with those guidelines and objectives.
    5-4              (3)  all projects to which the agency awards funds
    5-5  shall be entitled to receive funds for three years, except as
    5-6  provided in subsection (e)(5).  First-year funding shall not exceed
    5-7  $50,000.  Second-year funding shall not exceed $35,000.  Third-year
    5-8  funding shall not exceed $20,000.  Each project shall be funded
    5-9  entirely from local sources after the end of the third year of the
   5-10  project.  The agency shall not provide by rule any means by which
   5-11  the provisions of subsection (e) may be waived or otherwise waive
   5-12  its provisions.
   5-13              (4)  The agency shall not consider an application for
   5-14  developmental funding unless it contains, at a minimum:
   5-15                    (A)  A resolution by the district's Board of
   5-16  Trustees or governing body adopting a particular community
   5-17  education project plan.
   5-18                    (B)  Each plan must describe in a manner to be
   5-19  prescribed by the Board the objectives of the proposed project,
   5-20  including quantitative targets as appropriate, and the particular
   5-21  means to be used to achieve those objectives.
   5-22                    (C)  Each plan shall state the anticipated
   5-23  funding requirements and shall provide the agency with the data and
   5-24  any analysis used to prepare the funding estimate.
   5-25                    (D)  Each plan shall include or be accompanied by
    6-1  a statement outlining how the proposed project effectuates the
    6-2  goals of this section and complies with the guidelines and
    6-3  objectives promulgated pursuant to subsection (e)(2).
    6-4                    (E)  Each plan shall state how the project will
    6-5  be continued after the end of the third year.
    6-6                    (F)  Each plan shall make provision that in the
    6-7  first year of operation:
    6-8                          (i)  the district shall complete and
    6-9  analyze the results of a survey of community needs, incorporating
   6-10  the objectives set forth in subsection (c), and adhering to
   6-11  statistical techniques recognized by professionals for validity;
   6-12                          (ii)  maximum efficient use will be made of
   6-13  existing school facilities;
   6-14                          (iii)  and continuing thereafter the
   6-15  district shall establish and operate an advisory committee of at
   6-16  least 15 members to be selected without regard to race or gender,
   6-17  with membership selections to reflect persons from the local
   6-18  business community, governmental agencies, public and private
   6-19  nonprofit educational interests, parents and the general public,
   6-20  whose members may not receive compensation for their service; and
   6-21                          (iv)  a district community education
   6-22  administrator will be designated and the administrator's primary
   6-23  responsibility will be the implementation and supervision of the
   6-24  community education program.
   6-25              (5)  Funding shall not be awarded to a project for the
    7-1  full three years under the following circumstances:
    7-2                          (i)  The agency shall monitor and evaluate
    7-3  the progress of each project to which it awards funds and shall
    7-4  provide by rule the criteria for such evaluation.  Such evaluation
    7-5  shall be based upon whether the project has satisfactorily carried
    7-6  out the objectives the district set forth in the project plan.  The
    7-7  Board may provide by rule a process for amending the project plan.
    7-8  The agency shall suspend the award of funds in subsequent years to
    7-9  projects that fail to attain satisfactory implementation of the
   7-10  project objectives.  The Board shall provide by rule an
   7-11  administrative process to review such suspensions.  All suspensions
   7-12  and reviews shall be made in accordance with the Administrative
   7-13  Procedure and Texas Register Act.
   7-14                          (ii)  A district shall not be entitled to
   7-15  three full years of funding if the proposal seeks less than three
   7-16  years' funding.
   7-17              (6)  The Board shall be authorized to establish such
   7-18  rules as are necessary to implement and enforce this subsection,
   7-19  including but not limited to rules related to financial audits of
   7-20  programs.
   7-21        SECTION 4.  This act shall take effect September 1, 1993.
   7-22        SECTION 5.  The importance of this legislation and the
   7-23  crowded condition of the calendars in both houses create an
   7-24  emergency and an imperative public necessity that the
   7-25  constitutional rule requiring bills to be read on three several
    8-1  days in each house be suspended, and this rule is hereby suspended.