By Davis H.B. No. 2408
75R7518 CAS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the Communities in Schools program.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 305, Labor Code, is transferred to
1-5 Chapter 33, Education Code, is redesignated as Subchapter E,
1-6 Chapter 33, Education Code, and is amended to read as follows:
1-7 SUBCHAPTER E [CHAPTER 305]. COMMUNITIES IN SCHOOLS PROGRAM
1-8 [SUBCHAPTER A. GENERAL PROVISIONS]
1-9 Sec. 33.101 [305.001]. DEFINITIONS. In this subchapter
1-10 [chapter]:
1-11 (1) ["Agency" means the Central Education Agency.]
1-12 [(2)] "Communities in Schools program" means an
1-13 exemplary youth dropout prevention program.
1-14 (2) "Commission" means the Texas Workforce Commission.
1-15 (3) "Delinquent conduct" has the meaning assigned by
1-16 Section 51.03, Family Code.
1-17 (4) "Student at risk of dropping out of school" has
1-18 the meaning assigned by Section 29.081.
1-19 Sec. 33.102 [305.002]. STATEWIDE OPERATION OF PROGRAM. It
1-20 is the intent of the legislature that the Communities in Schools
1-21 program operate throughout this state.
1-22 [SUBCHAPTER B. OPERATION OF THE PROGRAM]
1-23 Sec. 33.103 [305.011]. STATE COORDINATOR. The commissioner
1-24 [executive director] shall appoint a state coordinator for the
2-1 Communities in Schools program.
2-2 Sec. 33.104 [305.012]. DUTIES OF STATE COORDINATOR. The
2-3 state coordinator shall:
2-4 (1) coordinate the efforts of social service
2-5 organizations and agencies and of public school personnel to
2-6 provide services to students who are at risk of dropping out of
2-7 school or engaging in delinquent conduct;
2-8 (2) set standards for the Communities in Schools
2-9 program;
2-10 (3) obtain information from each participating school
2-11 district to determine necessary program changes;
2-12 (4) promote and market the program in communities in
2-13 which the program is not established;
2-14 (5) help communities that want to participate in the
2-15 program establish a local funding base; and
2-16 (6) train a program director for each participating
2-17 community.
2-18 Sec. 33.105 [305.013]. COMMISSION [AGENCY] COOPERATION;
2-19 MEMORANDUM OF UNDERSTANDING. (a) The agency and the commission
2-20 shall work together to maximize the effectiveness of the
2-21 Communities in Schools program.
2-22 (b) The agency and the commission shall develop and mutually
2-23 agree to a memorandum of understanding to clearly define the
2-24 responsibilities of each agency under this subchapter [chapter].
2-25 The memorandum must address:
2-26 (1) the role of the commission in encouraging local
2-27 business to participate in local Communities in Schools programs;
3-1 (2) the role of the agency in obtaining information
3-2 from participating school districts;
3-3 (3) the use of federal or state funds available to the
3-4 agency or the commission for programs of this nature; and
3-5 (4) other areas identified by the agency and the
3-6 commission that require clarification.
3-7 (c) The agency and the commission shall adopt rules to
3-8 implement the memorandum and shall update the memorandum and rules
3-9 annually.
3-10 [SUBCHAPTER C. PARTICIPATION IN PROGRAM BY CERTAIN SCHOOLS]
3-11 Sec. 33.106 [305.021]. DESIGNATION OF PARTICIPATING SCHOOLS.
3-12 (a) [(b)] To determine school campuses to designate for
3-13 participation in the program [second year of the 1996-97 state
3-14 fiscal biennium and subsequently], the state coordinator shall
3-15 implement a formula for the funding of Communities in Schools
3-16 campuses that reduces, over a five-year period beginning September
3-17 1, 1996, the funds annually contributed by the state to an amount
3-18 not less than 50 percent of the amount contributed by the state for
3-19 funding of the program in the first year of the 1996-97 state
3-20 fiscal biennium. The formula must consider the financial resources
3-21 of individual communities and school districts. Savings
3-22 accomplished through the implementation of the formula may be used
3-23 to extend participation in the program to additional campuses in
3-24 counties or municipalities [cities] that are participating in the
3-25 program and to campuses in counties and municipalities [cities]
3-26 that have not previously participated in the program.
3-27 (b) [(c)] Each local Communities in Schools program shall
4-1 develop a five-year funding plan for campuses located in the county
4-2 or municipality [city] that participate in the program under which
4-3 levels of service to those campuses are maintained as the
4-4 proportion of state funding is reduced.
4-5 (c) [(d)] A Communities in Schools program may accept
4-6 federal funds, state funds, private contributions, grants, and
4-7 public and school district funds to support a campus participating
4-8 in the program.
4-9 Sec. 33.107 [305.022]. PARTICIPATION IN THE PROGRAM. An
4-10 elementary or secondary school designated under Section 33.106
4-11 [305.021] shall participate in the Communities in Schools program
4-12 if the number of students enrolled in the school who are at risk of
4-13 dropping out of school is equal to at least 10 percent of the
4-14 number of students in average daily attendance at the school, as
4-15 determined by the agency.
4-16 [SUBCHAPTER D. PROGRAM FUNDING]
4-17 Sec. 33.108 [305.031]. DONATIONS TO PROGRAM. (a) The
4-18 agency [commission] may accept a donation of services or money or
4-19 other property that the agency [commission] determines furthers the
4-20 lawful objectives of the agency [commission] in connection with the
4-21 Communities in Schools program.
4-22 (b) Each [Donations must be accepted in an open meeting by a
4-23 majority of the voting members of the commission. The] donation,
4-24 with the name of the donor and the purpose of the donation, must be
4-25 reported in the public records of the agency [commission].
4-26 SECTION 2. Section 302.021(a), Labor Code, is amended to
4-27 read as follows:
5-1 (a) The following job-training, employment, and
5-2 employment-related educational programs and functions are
5-3 consolidated under the authority of the division:
5-4 (1) adult education programs under Subchapter H,
5-5 Chapter 29 [Section 11.18], Education Code;
5-6 (2) proprietary school programs under Chapter 132
5-7 [32], Education Code;
5-8 (3) apprenticeship programs under Chapter 133 [33],
5-9 Education Code;
5-10 (4) postsecondary vocational and technical
5-11 job-training programs that are not a part of approved courses or
5-12 programs that lead to licensing, certification, or an associate
5-13 degree under Chapters 61, [108,] 130, and 135, Education Code,
5-14 [and] Subchapter E, Chapter 88, Education Code, and Subchapter E,
5-15 Chapter 96, Education Code;
5-16 (5) employment programs under Chapter 31, Human
5-17 Resources Code;
5-18 (6) the senior citizens employment program under
5-19 Chapter 101, Human Resources Code;
5-20 (7) the work and family policies program under Chapter
5-21 81;
5-22 (8) job-training programs funded under the Job
5-23 Training Partnership Act (29 U.S.C. Section 1501 et seq.);
5-24 (9) the job counseling program for displaced
5-25 homemakers under Chapter 304;
5-26 (10) [the Communities in Schools program under Chapter
5-27 305;]
6-1 [(11)] the reintegration of offenders program under
6-2 Chapter 306;
6-3 (11) [(12) the inmate employment counseling program
6-4 under Section 499.051(f), Government Code;]
6-5 [(13)] the continuity of care program under Section
6-6 501.095, Government Code;
6-7 (12) [(14)] a literacy program from funds available to
6-8 the state under Section 481.026, Government Code;
6-9 (13) [(15)] the employment service;
6-10 (14) [(16)] the community service program under the
6-11 National and Community Service Act of 1990 (42 U.S.C. Section 12501
6-12 et seq.);
6-13 (15) [(17)] the trade adjustment assistance program
6-14 under Part 2, Subchapter II, Trade Act of 1974 (19 U.S.C. Section
6-15 2271 et seq.);
6-16 (16) [(18)] the Job Opportunities and Basic Skills
6-17 program under Part F, Subchapter IV, Social Security Act (42 U.S.C.
6-18 Section 682);
6-19 (17) [(19)] the food stamp employment and training
6-20 program authorized under 7 U.S.C. Section 2015(d); and
6-21 (18) [(20)] the functions of the State Occupational
6-22 Information Coordinating Committee.
6-23 SECTION 3. Section 302.062(g), Labor Code, is amended to
6-24 read as follows:
6-25 (g) Block grant funding under this section does not apply
6-26 to:
6-27 (1) the work and family policies program under Chapter
7-1 81;
7-2 (2) a program under the skills development fund
7-3 created under Chapter 303;
7-4 (3) the job counseling program for displaced
7-5 homemakers under Chapter 304;
7-6 (4) [the Communities in Schools program under Chapter
7-7 305;]
7-8 [(5)] the reintegration of offenders program under
7-9 Chapter 306;
7-10 (5) [(6)] apprenticeship programs under Chapter 133
7-11 [33], Education Code;
7-12 (6) [(7) the inmate employment counseling program
7-13 under Section 499.051(f), Government Code;]
7-14 [(8)] the continuity of care program under Section
7-15 501.095, Government Code;
7-16 (7) [(9)] employment programs under Chapter 31, Human
7-17 Resources Code;
7-18 (8) [(10)] the senior citizens employment program
7-19 under Chapter 101, Human Resources Code;
7-20 (9) [(11)] the programs described by Section
7-21 302.021(b)(3);
7-22 (10) [(12)] the community service program under the
7-23 National and Community Service Act of 1990 (42 U.S.C. Section 12501
7-24 et seq.);
7-25 (11) [(13)] the trade adjustment assistance program
7-26 under Part 2, Subchapter II, Trade Act of 1974 (19 U.S.C. Section
7-27 2271 et seq.);
8-1 (12) [(14)] the programs to enhance the employment
8-2 opportunities of veterans; and
8-3 (13) [(15)] the functions of the State Occupational
8-4 Information Coordinating Committee.
8-5 SECTION 4. (a) On January 1, 1998, the Communities in
8-6 Schools program is transferred from the Texas Workforce Commission
8-7 to the Texas Education Agency.
8-8 (b) All money, records, property, and equipment in the
8-9 custody of the Texas Workforce Commission for the Communities in
8-10 Schools program on December 31, 1997, shall be transferred to the
8-11 custody of the Texas Education Agency for the Communities in
8-12 Schools program on January 1, 1998. A person employed by the Texas
8-13 Workforce Commission in the Communities in Schools program becomes
8-14 an employee of the Texas Education Agency in the Communities in
8-15 Schools program on January 1, 1998.
8-16 (c) A reference in law or administrative rule to the Texas
8-17 Workforce Commission concerning administrative responsibility for
8-18 the Communities in Schools program means the Texas Education
8-19 Agency. A reference in law or administrative rule to the executive
8-20 director of the Texas Workforce Commission concerning
8-21 administrative responsibility for the Communities in Schools
8-22 program means the commissioner of education.
8-23 (d) An appropriation made to the Texas Workforce Commission
8-24 for the Communities in Schools program for the state fiscal
8-25 biennium ending August 31, 1999, is transferred to the Texas
8-26 Education Agency for the Communities in Schools program on January
8-27 1, 1998.
9-1 (e) A rule of the Texas Workforce Commission relating to the
9-2 Communities in Schools program continues in effect as a rule of the
9-3 commissioner of education until superseded by rule of the
9-4 commissioner.
9-5 SECTION 5. (a) In addition to the substantive changes made
9-6 by this Act, this Act conforms Sections 302.021(a) and 302.062(g),
9-7 Labor Code, to Chapters 260, 321, and 1061, Acts of the 74th
9-8 Legislature, Regular Session, 1995.
9-9 (b) To the extent of any conflict, this Act prevails over
9-10 another Act of the 75th Legislature, Regular Session, 1997,
9-11 relating to nonsubstantive additions to and corrections in enacted
9-12 codes.
9-13 SECTION 6. This Act takes effect September 1, 1997.
9-14 SECTION 7. The importance of this legislation and the
9-15 crowded condition of the calendars in both houses create an
9-16 emergency and an imperative public necessity that the
9-17 constitutional rule requiring bills to be read on three several
9-18 days in each house be suspended, and this rule is hereby suspended.