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.