By Nelson S.B. No. 190
74R2230 CAS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to community education and community education development
1-3 projects.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 11.201(c), Education Code, is amended to
1-6 read as follows:
1-7 (c) In <For purposes of> this section, "community education"
1-8 means the process by which the citizens in a school district, using
1-9 the resources and facilities of the district, organize to support
1-10 each other and to solve their mutual educational problems and meet
1-11 their mutual lifelong needs. Community education may include:
1-12 (1) educational programs, including programs for
1-13 occupational and technological skills training, retraining of
1-14 displaced workers, cultural awareness, parenting skills education
1-15 and parental involvement in schools, and multilevel adult education
1-16 and personal growth;
1-17 (2) community involvement programs, including programs
1-18 for community economic development, school volunteers, partnerships
1-19 between schools and businesses, coordination with community
1-20 agencies, school-age child care, family and workplace literacy, and
1-21 community use of facilities; and
1-22 (3) programs for youth enrolled in schools, including
1-23 programs for dropout prevention and recovery, drug-free schools,
1-24 school-age parenting, and academic enhancement <community education
2-1 services are defined in accordance with the definition contained in
2-2 Subdivision (3) of Subsection (a) of Section 11.18 of this code>.
2-3 SECTION 2. Subchapter A, Chapter 11, Education Code, is
2-4 amended by adding Section 11.2011 to read as follows:
2-5 Sec. 11.2011. COMMUNITY EDUCATION DEVELOPMENT PROJECTS. (a)
2-6 The legislature shall appropriate funds from the foundation school
2-7 fund to the Central Education Agency for the purpose of developing
2-8 and implementing community education development projects. The
2-9 foundation school fund budget committee shall consider the cost of
2-10 community education development projects in estimating the funds
2-11 needed for foundation school fund purposes. The agency shall
2-12 actively seek federal grants or funds established under this
2-13 section to operate and expand the projects.
2-14 (b) Subject to legislative appropriation and except as
2-15 provided by Subsection (f), a school district to which the Central
2-16 Education Agency awards funds for a community education development
2-17 project is entitled to receive funds for a period of three years.
2-18 After that period, a project must be funded wholly from local
2-19 sources. State funding under this section may not exceed:
2-20 (1) $50,000 for the first year of a project;
2-21 (2) $35,000 for the second year of a project; or
2-22 (3) $20,000 for the third year of a project.
2-23 (c) The State Board of Education by rule shall establish
2-24 procedures for distributing community education development funds
2-25 to school districts. The procedures must include a statewide
2-26 competitive process by which the Central Education Agency, in
2-27 accordance with procedures adopted by board rule, evaluates
3-1 applications for community education development funds and awards
3-2 funds to the districts whose projects the agency determines have
3-3 the most merit. The determination to award funds to a school
3-4 district is a final decision as to which a district may not obtain
3-5 administrative or judicial review except in accordance with an
3-6 administrative review process established by board rule.
3-7 (d) An application for funding under this section must
3-8 include:
3-9 (1) a resolution adopted by the board of trustees of
3-10 the school district adopting a particular community education
3-11 development project plan;
3-12 (2) in accordance with rules adopted by the State
3-13 Board of Education, a description of:
3-14 (A) the objectives of the proposed project,
3-15 including, if appropriate, quantitative targets for the objectives;
3-16 and
3-17 (B) the particular means by which the objectives
3-18 are to be achieved;
3-19 (3) the estimated funding requirements and the data or
3-20 analysis used to prepare the estimate;
3-21 (4) a statement outlining the manner in which the
3-22 proposed project achieves goals for community education and
3-23 complies with the requirements of this section;
3-24 (5) a statement of the manner in which the proposed
3-25 project is to be funded after the third year;
3-26 (6) a provision for a survey of community education
3-27 needs in the district that:
4-1 (A) incorporates the objectives of community
4-2 education;
4-3 (B) is completed and analyzed by the district in
4-4 the first year of the project; and
4-5 (C) adheres to statistical techniques recognized
4-6 as valid by professional statisticians;
4-7 (7) a provision for the maximum efficient use of
4-8 existing school facilities in the first year of the project;
4-9 (8) a provision for the establishment of an advisory
4-10 committee of at least 15 members who:
4-11 (A) are selected without regard to race or sex;
4-12 (B) are selected to reflect persons from the
4-13 local business community, government agencies, public and private
4-14 nonprofit educational interests, parents, and the general public;
4-15 and
4-16 (C) serve without compensation; and
4-17 (9) a designation of a district community education
4-18 administrator whose primary responsibility is the implementation
4-19 and supervision of the community education development project.
4-20 (e) The Central Education Agency shall monitor each project
4-21 awarded funds under this section in accordance with rules adopted
4-22 by the State Board of Education. The agency shall evaluate whether
4-23 the project has satisfactorily carried out the district's
4-24 objectives as set out in the community education development
4-25 project plan. The board by rule may provide a process for amending
4-26 the plan.
4-27 (f) A school district is not entitled to funding for any
5-1 year of a project for which:
5-2 (1) the district did not apply for funding; or
5-3 (2) the Central Education Agency suspends the funding
5-4 based on the agency's determination that the district has failed to
5-5 satisfactorily implement the project's objectives.
5-6 (g) The State Board of Education by rule shall provide for
5-7 an administrative process for the suspension of funding under
5-8 Subsection (f)(2). The rules must be consistent with Chapter 2001,
5-9 Government Code.
5-10 (h) The State Board of Education may adopt rules necessary
5-11 to implement and enforce this section, including rules relating to
5-12 financial audits of school districts that receive funds under this
5-13 section. Rules adopted under this section by the State Board of
5-14 Education may not permit the board or the Central Education Agency
5-15 to waive any provision of this section.
5-16 (i) The Central Education Agency may not use more than five
5-17 percent of the funds appropriated for the projects under this
5-18 section for the agency's administration of this section.
5-19 (j) In this section, "community education" has the meaning
5-20 assigned by Section 11.201(c).
5-21 SECTION 3. Section 11.18(e), Education Code, is amended to
5-22 read as follows:
5-23 (e) Funds shall be appropriated to implement statewide adult
5-24 basic education, adult bilingual education, high school
5-25 equivalency, and high school credit programs to eliminate
5-26 illiteracy in Texas and to implement and support a statewide
5-27 program to meet the total range of adult needs for adult education
6-1 and<,> related skill training<, and pilot programs to demonstrate
6-2 the effectiveness of the community education concept>. An
6-3 additional sum of money may be appropriated to the Texas Department
6-4 of Commerce for the purpose of skill training in direct support of
6-5 industrial expansion and start-up, and those locations, industries,
6-6 and occupations designated by the Texas Department of Commerce,
6-7 when such training is also in support of the basic purposes of this
6-8 section. To fulfill the basic purposes of this section, an
6-9 additional sum of money may be appropriated for skill training that
6-10 is conducted to support the expansion of civilian employment
6-11 opportunities on United States military reservations. The Central
6-12 Education Agency, in conjunction with the Texas Department of
6-13 Commerce, may adopt rules to administer such skill training
6-14 programs for which the Central Education Agency is responsible, and
6-15 the Texas Department of Commerce may adopt rules to administer such
6-16 skill training programs for which it is responsible.
6-17 SECTION 4. Section 11.18(a)(3), Education Code, is repealed.
6-18 SECTION 5. This Act applies beginning with the 1995-1996
6-19 school year.
6-20 SECTION 6. The importance of this legislation and the
6-21 crowded condition of the calendars in both houses create an
6-22 emergency and an imperative public necessity that the
6-23 constitutional rule requiring bills to be read on three several
6-24 days in each house be suspended, and this rule is hereby suspended,
6-25 and that this Act take effect and be in force from and after its
6-26 passage, and it is so enacted.