By Ellis                                        S.B. No. 1379

      75R2604 CAS-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to adult education programs.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Sections 29.252-29.255, Education Code, are

 1-5     amended to read as follows:

 1-6           Sec. 29.252.  STATE ROLE IN ADULT AND COMMUNITY EDUCATION.

 1-7     The Texas Workforce Commission [agency] shall:

 1-8                 (1)  provide adequate staffing to develop, administer,

 1-9     and support a comprehensive statewide adult education program and

1-10     coordinate related federal and state programs for education and

1-11     training of adults;

1-12                 (2)  develop, implement, and regulate a comprehensive

1-13     statewide program for community level education services to meet

1-14     the special needs of adults;

1-15                 (3)  develop the mechanism and guidelines for

1-16     coordination of comprehensive adult education and related skill

1-17     training services for adults with other agencies, both public and

1-18     private, in planning, developing, and implementing related

1-19     programs, including community education programs;

1-20                 (4)  administer all state and federal funds for adult

1-21     education and related skill training in this state, except in

1-22     programs for which another entity is specifically authorized to do

1-23     so under other law;

1-24                 (5)  prescribe and administer standards and accrediting

 2-1     policies for adult education;

 2-2                 (6)  prescribe and administer rules for teacher

 2-3     certification for adult education;  and

 2-4                 (7)  accept and administer grants, gifts, services, and

 2-5     funds from available sources for use in adult education.

 2-6           Sec. 29.253.  PROVISION OF ADULT EDUCATION PROGRAMS.  Adult

 2-7     education programs shall be provided by public school districts,

 2-8     public junior colleges, public universities, public nonprofit

 2-9     agencies, and community-based organizations approved in accordance

2-10     with state statutes and rules adopted by the Texas Workforce

2-11     Commission in conjunction with the State Board of Education.  The

2-12     programs must be designed to meet the education and training needs

2-13     of adults to the extent possible within available public and

2-14     private resources.  Bilingual education may be the method of

2-15     instruction for students who do not function satisfactorily in

2-16     English whenever it is appropriate for their optimum development.

2-17           Sec. 29.254.  ADULT EDUCATION ADVISORY COMMITTEE.  The Texas

2-18     Workforce Commission [State Board of Education] may establish an

2-19     adult education advisory committee composed of not more than 21

2-20     members representing public and private education, business, labor,

2-21     minority groups, and the public to advise the commission [board] on

2-22     needs, priorities, and standards of adult education programs

2-23     conducted in accordance with this subchapter.

2-24           Sec. 29.255.  FUNDING.  (a)  Funds shall be appropriated to

2-25     implement statewide adult basic education, adult bilingual

2-26     education, high school equivalency, and high school credit programs

2-27     to eliminate illiteracy in this state and to implement and support

 3-1     a statewide program to meet the total range of adult needs for

 3-2     adult education, related skill training, and pilot programs to

 3-3     demonstrate the effectiveness of the community education concept.

 3-4     The Texas Workforce Commission [agency] shall ensure that public

 3-5     local education agencies, public nonprofit agencies, and

 3-6     community-based organizations have direct and equitable access to

 3-7     those funds.  An additional sum of money may be appropriated to the

 3-8     commission [Texas Department of Commerce] for the purpose of skill

 3-9     training in direct support of industrial expansion and start-up,

3-10     and those locations, industries, and occupations designated by the

3-11     commission [Texas Department of Commerce], when such training is

3-12     also in  support of the basic purposes of this subchapter.  To

3-13     fulfill the basic purposes of this subchapter, an additional sum of

3-14     money may be appropriated for skill training that is conducted to

3-15     support the expansion of civilian employment opportunities on

3-16     United States military reservations.

3-17           (b)  The agency, in conjunction with the Texas Workforce

3-18     Commission [Department of Commerce], may adopt rules to administer

3-19     skill training  programs for which the agency is responsible, and

3-20     the commission [Texas Department of Commerce] may adopt rules to

3-21     administer skill training programs for which the commission [it] is

3-22     responsible.

3-23           SECTION 2.  Subchapter A, Chapter 302, Labor Code, is amended

3-24     by adding Section 302.003 to read as follows:

3-25           Sec. 302.003.  ASSESSMENT OF EDUCATIONAL NEEDS.  The Texas

3-26     Workforce Commission shall develop and administer a standardized

3-27     assessment mechanism for assessing all workforce development system

 4-1     participants who need literacy instruction, adult basic education,

 4-2     or secondary education leading to an adult high school diploma or

 4-3     the equivalent.  The assessment mechanism must include an initial

 4-4     basic skills screening instrument and provide comprehensive

 4-5     information concerning student progress before and after

 4-6     participation in a workforce development program.

 4-7           SECTION 3.  Section 302.021(a), Labor Code, is amended to

 4-8     read as follows:

 4-9           (a)  The following job-training, employment, and

4-10     employment-related educational programs and functions are

4-11     consolidated under the authority of the division:

4-12                 (1)  adult education programs under Subchapter H,

4-13     Chapter 29 [Section 11.18], Education Code;

4-14                 (2)  proprietary school programs under Chapter 132

4-15     [32], Education Code;

4-16                 (3)  apprenticeship programs under Chapter 133 [33],

4-17     Education Code;

4-18                 (4)  postsecondary vocational and technical

4-19     job-training programs that are not a part of approved courses or

4-20     programs that lead to licensing, certification, or an associate

4-21     degree under Chapters 61, [108,] 130, and 135, Education Code,

4-22     [and] Subchapter E, Chapter 88, Education Code, and Subchapter E,

4-23     Chapter 96, Education Code;

4-24                 (5)  employment programs under Chapter 31, Human

4-25     Resources Code;

4-26                 (6)  the senior citizens employment program under

4-27     Chapter 101, Human Resources Code;

 5-1                 (7)  the work and family policies program under Chapter

 5-2     81;

 5-3                 (8)  job-training programs funded under the Job

 5-4     Training Partnership Act (29 U.S.C. Section 1501 et seq.);

 5-5                 (9)  the job counseling program for displaced

 5-6     homemakers under Chapter 304;

 5-7                 (10)  the Communities in Schools program under Chapter

 5-8     305;

 5-9                 (11)  the reintegration of offenders program under

5-10     Chapter 306;

5-11                 (12)  [the inmate employment counseling program under

5-12     Section 499.051(f), Government Code;]

5-13                 [(13)]  the continuity of care program under Section

5-14     501.095, Government Code;

5-15                 (13) [(14)]  a literacy program from funds available to

5-16     the state under Section 481.026, Government Code;

5-17                 (14) [(15)]  the employment service;

5-18                 (15) [(16)]  the community service program under the

5-19     National and Community Service Act of 1990 (42 U.S.C. Section 12501

5-20     et seq.);

5-21                 (16) [(17)]  the trade adjustment assistance program

5-22     under Part 2, Subchapter II, Trade Act of 1974 (19 U.S.C. Section

5-23     2271 et seq.);

5-24                 (17) [(18)]  the Job Opportunities and  Basic Skills

5-25     program under Part F, Subchapter IV, Social Security Act (42 U.S.C.

5-26     Section 682);

5-27                 (18) [(19)]  the food stamp employment and training

 6-1     program authorized under 7 U.S.C. Section 2015(d); and

 6-2                 (19) [(20)]  the functions of the State Occupational

 6-3     Information Coordinating Committee.

 6-4           SECTION 4.  (a)  On December 1, 1997, adult education

 6-5     programs administered by the Texas Education Agency shall be

 6-6     transferred to the Texas Workforce Commission.

 6-7           (b)  All money, records, property, and equipment  in the

 6-8     custody of the Texas Education Agency on November 30, 1997, for

 6-9     adult education program administration shall be transferred to the

6-10     custody of the Texas Workforce Commission on December 1, 1997.  A

6-11     person employed by the Texas Education Agency in adult education

6-12     program administration becomes an employee of the Texas Workforce

6-13     Commission on December 1, 1997.

6-14           (c)  A reference in a law or administrative rule to the Texas

6-15     Education Agency concerning adult education program administration

6-16     means the Texas Workforce Commission.

6-17           (d)  An appropriation made to the Texas Education Agency for

6-18     adult education program administration for the state fiscal

6-19     biennium ending August 31, 1999, is transferred to the Texas

6-20     Workforce Commission on December 1, 1997.

6-21           SECTION 5.  (a)  The adult education program administration

6-22     transition advisory group is created to advise the Texas Workforce

6-23     Commission on transition issues, including ensuring continuity of

6-24     services and complying with federal law affecting adult education,

6-25     in the transfer of administration of adult education programs from

6-26     the Texas Education Agency to the Texas Workforce Commission.

6-27           (b)  The advisory group shall be composed of 15 members,

 7-1     eight of whom shall be appointed by the executive director of the

 7-2     Texas Workforce Commission and seven of whom shall be appointed by

 7-3     the commissioner of education.  The advisory group must include a

 7-4     representative from each segment represented on local workforce

 7-5     development boards under Section 2308.256, Government Code, except

 7-6     that a specific percentage representation is not required.  Among

 7-7     the members appointed by the executive director of the Texas

 7-8     Workforce Commission must be the director of the division of

 7-9     workforce development of the commission.  Among the members

7-10     appointed by the  commissioner of education must be one or more

7-11     persons serving on the adult education advisory committee appointed

7-12     by the State Board of Education.  The executive director of the

7-13     Texas Workforce Commission shall designate one of the executive

7-14     director's appointees to serve as the presiding officer of the

7-15     advisory group.

7-16           (c)  The advisory group may:

7-17                 (1)  appoint a full-time staff person to provide

7-18     clerical assistance as necessary to assist in implementing the

7-19     duties of the group; and

7-20                 (2)  adopt interim rules and procedures as necessary to

7-21     implement this section.

7-22           (d)  The executive director of the Texas Workforce Commission

7-23     and the commissioner of education shall appoint members to the

7-24     advisory group not later than October 1, 1997.

7-25           (e)  The advisory group shall hold its initial meeting not

7-26     later than November 1, 1997.

7-27           (f)  This section expires and the advisory group is abolished

 8-1     December 1, 1999.

 8-2           SECTION 6.  Not later than September 1, 1998, the Texas

 8-3     Workforce Commission shall develop a comprehensive management

 8-4     information system to measure the progress of and results achieved

 8-5     by adult education programs by collecting individual student data

 8-6     concerning students in adult education programs, including

 8-7     assessment data.  In developing the management information system,

 8-8     the commission shall use software developed for that purpose by

 8-9     Texas A&M University.

8-10           SECTION 7.  Not later than December 1, 1997, the Texas

8-11     Workforce Commission shall complete development of the standardized

8-12     assessment mechanism for assessing workforce development system

8-13     participants under Section 302.003, Labor Code, as added by this

8-14     Act.  Not later than July 1, 1998, the Texas Workforce Commission

8-15     shall implement the standardized assessment mechanism.

8-16           SECTION 8.  This Act takes effect September 1, 1997.

8-17           SECTION 9.  The importance of this legislation and the

8-18     crowded condition of the calendars in both houses create an

8-19     emergency and an imperative public necessity that the

8-20     constitutional rule requiring bills to be read on three several

8-21     days in each house be suspended, and this rule is hereby suspended.