1-1 By: Nelson, Zaffirini, Shapiro S.B. No. 993
1-2 (In the Senate - Filed March 12, 1993; March 15, 1993, read
1-3 first time and referred to Committee on Education; April 29, 1993,
1-4 reported adversely, with favorable Committee Substitute by the
1-5 following vote: Yeas 8, Nays 0; April 29, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Ratliff x
1-9 Haley x
1-10 Barrientos x
1-11 Bivins x
1-12 Harris of Tarrant x
1-13 Luna x
1-14 Montford x
1-15 Shapiro x
1-16 Sibley x
1-17 Turner x
1-18 Zaffirini x
1-19 COMMITTEE SUBSTITUTE FOR S.B. No. 993 By: Sibley
1-20 A BILL TO BE ENTITLED
1-21 AN ACT
1-22 relating to community education and community education development
1-23 projects.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. Subsection (c), Section 11.201, Education Code,
1-26 is amended to read as follows:
1-27 (c) For purposes of this section, "community education"
1-28 means the process by which the citizens in a school district, using
1-29 the resources and facilities of the district, organize to support
1-30 each other and to solve their mutual educational problems and meet
1-31 their mutual lifelong needs. Community education may include:
1-32 (1) educational programs, including occupational and
1-33 technological skills training, retraining for displaced workers,
1-34 cultural awareness, parenting skills education and parental
1-35 involvement in school programs, and multi-level adult education and
1-36 personal growth programs;
1-37 (2) community involvement programs, including programs
1-38 for community economic development, school volunteers, partnerships
1-39 between schools and businesses, coordination with community
1-40 agencies, school-age child care, family and workplace literacy, and
1-41 community use of facilities; and
1-42 (3) programs for youth enrolled in schools, including
1-43 dropout prevention and recovery programs, drug-free school
1-44 programs, school-age parenting programs, and academic enhancement
1-45 <community education services are defined in accordance with the
1-46 definition contained in Subdivision (3) of Subsection (a) of
1-47 Section 11.18 of this code>.
1-48 SECTION 2. Subchapter A, Chapter 11, Education Code, is
1-49 amended by adding Section 11.2011 to read as follows:
1-50 Sec. 11.2011. COMMUNITY EDUCATION DEVELOPMENT PROJECTS.
1-51 (a) The legislature shall appropriate funds from the Foundation
1-52 School Fund to the Central Education Agency for the purpose of
1-53 developing and implementing community education projects. The
1-54 Foundation School Fund Budget Committee shall consider the cost of
1-55 community education development projects in estimating the funds
1-56 needed for Foundation School Fund purposes. The agency shall
1-57 actively seek federal grants or funds established under this
1-58 section to operate and expand the programs.
1-59 (b) Subject to legislative appropriation and except as
1-60 provided by Subsection (f) of this section, a school district to
1-61 which the Central Education Agency awards funds for a community
1-62 education development project is entitled to receive funds for
1-63 three years. After the third year, a project must be funded wholly
1-64 from local sources. State funding under this section may not
1-65 exceed:
1-66 (1) $50,000 for the first year of a project;
1-67 (2) $35,000 for the second year of a project; or
1-68 (3) $20,000 for the third year of a project.
2-1 (c) The State Board of Education by rule shall establish
2-2 procedures for distributing community education development funds
2-3 to school districts. The procedures must include a statewide
2-4 competitive process by which the Central Education Agency, in
2-5 accordance with procedures adopted by board rule, evaluates
2-6 applications for community education development funds and awards
2-7 funds to the districts whose projects the agency determines have
2-8 the most merit. The determination to award funds to a school
2-9 district is a final decision as to which a district may not obtain
2-10 administrative or judicial review except in accordance with an
2-11 administrative review process established by board rule.
2-12 (d) An application for funding under this section must
2-13 include:
2-14 (1) a resolution adopted by the board of trustees of
2-15 the school district adopting a particular community education
2-16 project plan;
2-17 (2) in accordance with rules adopted by the State
2-18 Board of Education, a description of:
2-19 (A) the objectives of the proposed project,
2-20 including, if appropriate, quantitative targets for the objectives;
2-21 and
2-22 (B) the particular means by which the objectives
2-23 will be achieved;
2-24 (3) the estimated funding requirements and the data or
2-25 analysis used to prepare the estimate;
2-26 (4) a statement outlining the manner in which the
2-27 proposed project achieves goals for community education and
2-28 complies with the requirements of this section;
2-29 (5) a statement of the manner in which the project
2-30 will be funded after the third year;
2-31 (6) a provision for a survey of community education
2-32 needs in the district that:
2-33 (A) incorporates the objectives of community
2-34 education;
2-35 (B) is completed and analyzed by the district in
2-36 the first year of the project; and
2-37 (C) adheres to statistical techniques recognized
2-38 as valid by professional statisticians;
2-39 (7) a provision for the maximum efficient use of
2-40 existing school facilities in the first year of the project;
2-41 (8) a provision for the establishment of an advisory
2-42 committee of at least 15 members:
2-43 (A) selected without regard to race or gender;
2-44 (B) selected to reflect persons from the local
2-45 business community, governmental agencies, public and private
2-46 nonprofit educational interests, parents, and the general public;
2-47 and
2-48 (C) who serve without compensation; and
2-49 (9) a designation of a district community education
2-50 administrator whose primary responsibility will be the
2-51 implementation and supervision of the community education program.
2-52 (e) The Central Education Agency shall monitor each project
2-53 awarded funds under this section in accordance with rules adopted
2-54 by the State Board of Education. The agency shall evaluate whether
2-55 the project has satisfactorily carried out the district's
2-56 objectives as set out in the community education project plan. The
2-57 board by rule may provide a process for amending the plan.
2-58 (f) A school district is not entitled to funding for any
2-59 year of a project for which:
2-60 (1) the district did not apply for funding; or
2-61 (2) the Central Education Agency suspends the funding
2-62 based on the agency's determination that the district has failed to
2-63 satisfactorily implement the project's objectives.
2-64 (g) The State Board of Education by rule shall provide for
2-65 an administrative process for the suspension of funding under
2-66 Subsection (f)(2) of this section. The rules must be consistent
2-67 with the Administrative Procedure and Texas Register Act (Article
2-68 6252-13a, Vernon's Texas Civil Statutes).
2-69 (h) The State Board of Education may adopt rules necessary
2-70 to implement and enforce this section, including rules relating to
3-1 financial audits of districts that receive funds under this
3-2 section. Rules adopted under this section by the State Board of
3-3 Education or the Central Education Agency may not permit the board
3-4 or agency to waive any provision of this section.
3-5 (i) The Central Education Agency may not use more than five
3-6 percent of the funds appropriated for the projects under this
3-7 section for the agency's administration of this section.
3-8 (j) In this section, "community education" has the meaning
3-9 assigned by Section 11.201 of this code.
3-10 SECTION 3. Subsection (e), Section 11.18, Education Code, is
3-11 amended to read as follows:
3-12 (e) Funds shall be appropriated to implement statewide adult
3-13 basic education, adult bilingual education, high school
3-14 equivalency, and high school credit programs to eliminate
3-15 illiteracy in Texas and to implement and support a statewide
3-16 program to meet the total range of adult needs for adult education
3-17 and<,> related skill training<, and pilot programs to demonstrate
3-18 the effectiveness of the community education concept>. An
3-19 additional sum of money may be appropriated to the Texas Department
3-20 of Commerce for the purpose of skill training in direct support of
3-21 industrial expansion and start-up, and those locations, industries,
3-22 and occupations designated by the Texas Department of Commerce,
3-23 when such training is also in support of the basic purposes of this
3-24 section. To fulfill the basic purposes of this section, an
3-25 additional sum of money may be appropriated for skill training that
3-26 is conducted to support the expansion of civilian employment
3-27 opportunities on United States military reservations. The Central
3-28 Education Agency, in conjunction with the Texas Department of
3-29 Commerce, may adopt rules to administer such skill training
3-30 programs for which the Central Education Agency is responsible, and
3-31 the Texas Department of Commerce may adopt rules to administer such
3-32 skill training programs for which it is responsible.
3-33 SECTION 4. Subdivision (3), Subsection (a), Section 11.18,
3-34 Education Code, is repealed.
3-35 SECTION 5. This Act takes effect September 1, 1993.
3-36 SECTION 6. The importance of this legislation and the
3-37 crowded condition of the calendars in both houses create an
3-38 emergency and an imperative public necessity that the
3-39 constitutional rule requiring bills to be read on three several
3-40 days in each house be suspended, and this rule is hereby suspended.
3-41 * * * * *
3-42 Austin,
3-43 Texas
3-44 April 29, 1993
3-45 Hon. Bob Bullock
3-46 President of the Senate
3-47 Sir:
3-48 We, your Committee on Education to which was referred S.B. No. 993,
3-49 have had the same under consideration, and I am instructed to
3-50 report it back to the Senate with the recommendation that it do not
3-51 pass, but that the Committee Substitute adopted in lieu thereof do
3-52 pass and be printed.
3-53 Ratliff,
3-54 Chairman
3-55 * * * * *
3-56 WITNESSES
3-57 FOR AGAINST ON
3-58 ___________________________________________________________________
3-59 Name: Arline Patterson x
3-60 Representing: Texas Community Ed. Assn.
3-61 City: San Antonio
3-62 -------------------------------------------------------------------
3-63 FOR AGAINST ON
3-64 ___________________________________________________________________
3-65 Name: Mark Little x
3-66 Representing: NEISD
3-67 City: San Antonio
3-68 -------------------------------------------------------------------
3-69 Name: Terry Green x
3-70 Representing: VHETAT
4-1 City: Austin
4-2 -------------------------------------------------------------------
4-3 Name: Sandy Kibby x
4-4 Representing: Texas PTA
4-5 City: Austin
4-6 -------------------------------------------------------------------
4-7 Name: Walter Hinojosa x
4-8 Representing: Texas Federation of Teachers
4-9 City: Austin
4-10 -------------------------------------------------------------------
4-11 Name: Sarah Fox Davis x
4-12 Representing: N.E.I.S.D.
4-13 City: San Antonio
4-14 -------------------------------------------------------------------
4-15 Name: Margery L. Beitzel x
4-16 Representing: Community Ed., Northside ISD
4-17 City: San Antonio
4-18 -------------------------------------------------------------------
4-19 Name: Carolyn Pennington x
4-20 Representing: Bay City ISD
4-21 City: Bay City
4-22 -------------------------------------------------------------------
4-23 Name: Delores Allen x
4-24 Representing: Judson ISD Ad. Ed.
4-25 City: Universal City
4-26 -------------------------------------------------------------------
4-27 Name: Anna Sue Thompson x
4-28 Representing: Bay City ISD/Community Ed.
4-29 City: Bay City
4-30 -------------------------------------------------------------------
4-31 Name: Helen Kimsey x
4-32 Representing: Texas Community Ed. Assn.
4-33 City: San Antonio
4-34 -------------------------------------------------------------------
4-35 Name: Mary Cadieux x
4-36 Representing: Northside ISD, Comm. Ed.
4-37 City: San Antonio
4-38 -------------------------------------------------------------------
4-39 Name: Stephanie Cady x
4-40 Representing: NEISD
4-41 City: San Antonio
4-42 -------------------------------------------------------------------
4-43 Name: Anne Tarr x
4-44 Representing: DCMG/CCMS
4-45 City: San Antonio
4-46 -------------------------------------------------------------------
4-47 Name: Margaret D. Martin x
4-48 Representing: After School Care
4-49 City: San Antonio
4-50 -------------------------------------------------------------------
4-51 Name: Michelle Hernandez x
4-52 Representing:
4-53 City: San Antonio
4-54 -------------------------------------------------------------------
4-55 Name: Deborah M. Hernandez x
4-56 Representing:
4-57 City: San Antonio
4-58 -------------------------------------------------------------------
4-59 Name: Becky Stoughton x
4-60 Representing: Community Education
4-61 City: Flower Mound
4-62 -------------------------------------------------------------------
4-63 FOR AGAINST ON
4-64 ___________________________________________________________________
4-65 Name: Lynda Welch x
4-66 Representing: NEISD
4-67 City: San Antonio
4-68 -------------------------------------------------------------------
4-69 Name: Karon Lowe x
4-70 Representing: Community Ed.
5-1 City: Cleburne
5-2 -------------------------------------------------------------------
5-3 Name: Alonzo C. Wood x
5-4 Representing: College Station ISD
5-5 City: Lexington
5-6 -------------------------------------------------------------------
5-7 Name: Heather Wayman x
5-8 Representing: Academy of Creative Education
5-9 City: San Antonio
5-10 -------------------------------------------------------------------
5-11 Name: Sandy Bell x
5-12 Representing: NEISD Acad. of Creative Ed.
5-13 City: San Antonio
5-14 -------------------------------------------------------------------
5-15 Name: Loretta G. Huddleston x
5-16 Representing: NEISD Community Ed.
5-17 City: San Antonio
5-18 -------------------------------------------------------------------
5-19 Name: Mary Don Canavan x
5-20 Representing: NEISD Comm. Ed.
5-21 City: San Antonio
5-22 -------------------------------------------------------------------
5-23 Name: Diana K. Wenzel x
5-24 Representing: Texas A&M University
5-25 City: College Station
5-26 -------------------------------------------------------------------
5-27 Name: Bererly Oliver x
5-28 Representing: Community Education
5-29 City: San Antonio
5-30 -------------------------------------------------------------------
5-31 Name: Janet B. Palmer x
5-32 Representing: Austin Community Ed.
5-33 City: Austin
5-34 -------------------------------------------------------------------
5-35 Name: Rene Sanchez x
5-36 Representing: Northside ISD
5-37 City: San Antonio
5-38 -------------------------------------------------------------------
5-39 Name: Evelyn Nieves Taylor x
5-40 Representing: C.E. Minority Leadership Trai
5-41 City: San Antonio
5-42 -------------------------------------------------------------------