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.