By Coleman H.B. No. 929
77R583 JMM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the administration of adult and community education
1-3 programs.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 29.252(a), Education Code, is amended to
1-6 read as follows:
1-7 (a) 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;
2-4 (7) accept and administer grants, gifts, services, and
2-5 funds from available sources for use in adult education; and
2-6 (8) adopt or develop and administer a standardized
2-7 assessment mechanism for assessing all adult education program
2-8 participants who need literacy instruction, adult basic education,
2-9 or secondary education leading to an adult high school diploma or
2-10 the equivalent.
2-11 SECTION 2. Section 29.253, Education Code, is amended to
2-12 read as follows:
2-13 Sec. 29.253. PROVISION OF ADULT EDUCATION PROGRAMS. Adult
2-14 education programs shall be provided by public school districts,
2-15 public junior colleges, public universities, public nonprofit
2-16 agencies, and community-based organizations approved in accordance
2-17 with state statutes and rules adopted by the Texas Workforce
2-18 Commission, after consultation with the State Board of Education.
2-19 The programs must be designed to meet the education and training
2-20 needs of adults to the extent possible within available public and
2-21 private resources. Bilingual education may be the method of
2-22 instruction for students who do not function satisfactorily in
2-23 English whenever it is appropriate for their optimum development.
2-24 SECTION 3. Section 29.254, Education Code, is amended to
2-25 read as follows:
2-26 Sec. 29.254. ADULT EDUCATION ADVISORY COMMITTEE. The Texas
2-27 Workforce Commission [State Board of Education] may establish an
3-1 adult education advisory committee composed of not more than 21
3-2 members representing public and private education, business, labor,
3-3 minority groups, and the public to advise the commission [board] on
3-4 needs, priorities, and standards of adult education programs
3-5 conducted in accordance with this subchapter.
3-6 SECTION 4. Section 29.255, Education Code, is amended to
3-7 read as follows:
3-8 Sec. 29.255. FUNDING. (a) Funds shall be appropriated to
3-9 implement statewide adult basic education, adult bilingual
3-10 education, high school equivalency, and high school credit programs
3-11 to eliminate illiteracy in this state and to implement and support
3-12 a statewide program to meet the total range of adult needs for
3-13 adult education, related skill training, and pilot programs to
3-14 demonstrate the effectiveness of the community education concept.
3-15 The Texas Workforce Commission [agency] shall ensure that public
3-16 local education agencies, public nonprofit agencies, and
3-17 community-based organizations have direct and equitable access to
3-18 those funds. An additional sum of money may be appropriated to the
3-19 commission [Texas Department of Commerce] for the purpose of skill
3-20 training in direct support of industrial expansion and start-up,
3-21 and those locations, industries, and occupations designated by the
3-22 commission [Texas Department of Commerce], when such training is
3-23 also in support of the basic purposes of this subchapter. To
3-24 fulfill the basic purposes of this subchapter, an additional sum of
3-25 money may be appropriated for skill training that is conducted to
3-26 support the expansion of civilian employment opportunities on
3-27 United States military reservations.
4-1 (b) The agency, after consultation [in conjunction] with the
4-2 commission [Texas Department of Commerce], may adopt rules to
4-3 administer skill training programs for which the agency is
4-4 responsible, and the commission [Texas Department of Commerce] may
4-5 adopt rules to administer skill training programs for which it is
4-6 responsible.
4-7 SECTION 5. Sections 29.256(a) and (b), Education Code, are
4-8 amended to read as follows:
4-9 (a) A school district whose governing board elects to
4-10 provide community education for all age groups may on application
4-11 and according to rules adopted by the Texas Workforce Commission
4-12 [agency] be reimbursed for those costs from state funds to the
4-13 extent authorized by this section.
4-14 (b) Only a district that has in the preceding or current
4-15 year achieved a level of community education services prescribed by
4-16 the commission [agency] is eligible for reimbursement under this
4-17 section. The commission's [agency's] rules must contain specific
4-18 provisions for eligibility and program operation.
4-19 SECTION 6. Section 29.257, Education Code, is amended to
4-20 read as follows:
4-21 Sec. 29.257. COMMUNITY EDUCATION DEVELOPMENT PROJECTS. (a)
4-22 The legislature may appropriate money from the foundation school
4-23 fund to the Texas Workforce Commission [agency] for developing and
4-24 implementing community education projects. The commission [agency]
4-25 shall actively seek gifts, grants, or other donations for purposes
4-26 related to community education development projects, unless the
4-27 acceptance is prohibited by other law. Money received under this
5-1 subsection shall be deposited in the account established under
5-2 Subsection (b) and may be appropriated only for the purpose for
5-3 which the money was given.
5-4 (b) The community education development account is created
5-5 as a dedicated account in the foundation school fund in the state
5-6 treasury. The account shall consist of community education related
5-7 gifts, grants, and donations and shall be administered by the
5-8 commission [agency].
5-9 (c) Subject to legislative appropriation and except as
5-10 provided by Subsection (g), a school district to which the
5-11 commission [agency] awards money for a community education
5-12 development project is entitled to receive money for a period of
5-13 three years. After that period, a project must be funded wholly
5-14 from local sources. State funding under this section may not
5-15 exceed:
5-16 (1) $50,000 for the first year of a project;
5-17 (2) $35,000 for the second year of a project; or
5-18 (3) $20,000 for the third year of a project.
5-19 (d) The commission [State Board of Education] by rule shall
5-20 establish procedures for distributing community education
5-21 development money to school districts. The procedures must include
5-22 a statewide competitive process by which the commission [agency],
5-23 in accordance with procedures adopted by [board] rule, evaluates
5-24 applications for community education development money and awards
5-25 money to the districts whose projects the commission [agency]
5-26 determines have the greatest merit. A school district may seek
5-27 review of a commission [an agency] determination regarding the
6-1 award of money only in accordance with an administrative review
6-2 process adopted by commission [board] rule. A school district may
6-3 not seek judicial review of a commission [an agency] determination.
6-4 (e) An application for funding under this section must
6-5 include:
6-6 (1) a resolution adopted by the board of trustees of
6-7 the school district adopting a particular community education
6-8 development project plan;
6-9 (2) in accordance with rules adopted by the commission
6-10 [State Board of Education], a description of:
6-11 (A) the objectives of the proposed project,
6-12 including, if appropriate, quantitative targets for the objectives;
6-13 and
6-14 (B) the particular means by which the objectives
6-15 are to be achieved;
6-16 (3) the estimated funding requirements and the data or
6-17 analysis used to prepare the estimate;
6-18 (4) a statement outlining the manner in which the
6-19 proposed project achieves goals for community education and
6-20 complies with the requirements of this section;
6-21 (5) a statement of the manner in which the project is
6-22 to be funded after the third year;
6-23 (6) a provision for a survey of community education
6-24 needs in the district that:
6-25 (A) incorporates the objectives of community
6-26 education;
6-27 (B) is completed and analyzed by the district in
7-1 the first year of the project; and
7-2 (C) adheres to statistical techniques recognized
7-3 as valid by professional statisticians;
7-4 (7) a provision for the maximum efficient use of
7-5 existing school facilities in the first year of the project;
7-6 (8) a provision for the establishment of an advisory
7-7 committee of at least 15 members who:
7-8 (A) are selected without regard to race or sex;
7-9 (B) are selected to reflect persons from the
7-10 local business community, governmental agencies, public and private
7-11 nonprofit educational interests, parents, and the general public;
7-12 and
7-13 (C) serve without compensation; and
7-14 (9) a designation of a district community education
7-15 administrator whose primary responsibility is the implementation
7-16 and supervision of the community education program.
7-17 (f) The commission [agency] shall monitor each project
7-18 awarded money under this section in accordance with rules adopted
7-19 by the commission [State Board of Education]. The commission
7-20 [agency] shall evaluate whether the project has satisfactorily
7-21 carried out the district's objectives as set out in the community
7-22 education project plan. The commission [board] by rule may provide
7-23 a process for amending the plan.
7-24 (g) A school district is not entitled to funding for any
7-25 year of a project for which:
7-26 (1) the district did not apply for funding; or
7-27 (2) the commission [agency] suspends the funding based
8-1 on the commission's [agency's] determination that the district has
8-2 failed to satisfactorily implement the project's objectives.
8-3 (h) The commission [State Board of Education] by rule shall
8-4 provide for an administrative process for the suspension of funding
8-5 under Subsection (g)(2). The rules must be consistent with Chapter
8-6 2001, Government Code.
8-7 (i) The commission [State Board of Education] may adopt
8-8 rules necessary to implement and enforce this section, including
8-9 rules relating to financial audits of school districts that receive
8-10 money under this section. Rules adopted under this section by the
8-11 commission [State Board of Education] may not permit the commission
8-12 [board or the agency] to waive any provision of this section.
8-13 (j) The commission [agency] may not use more than five
8-14 percent of the funds appropriated for the projects under this
8-15 section for the commission's [agency's] administration of this
8-16 section.
8-17 SECTION 7. (a) On December 1, 2001, adult education
8-18 programs administered by the Texas Education Agency shall be
8-19 transferred to the Texas Workforce Commission.
8-20 (b) All money, records, property, and equipment in the
8-21 custody of the Texas Education Agency on November 30, 2001, for
8-22 adult education program administration shall be transferred to the
8-23 custody of the Texas Workforce Commission on December 1, 2001. A
8-24 person employed by the Texas Education Agency in adult education
8-25 program administration becomes an employee of the Texas Workforce
8-26 Commission on December 1, 2001.
8-27 (c) A reference in a law or administrative rule to the Texas
9-1 Education Agency concerning adult education program administration
9-2 means the Texas Workforce Commission.
9-3 (d) An appropriation made to the Texas Education Agency for
9-4 adult education program administration for the state fiscal
9-5 biennium ending August 31, 2003, is transferred to the Texas
9-6 Workforce Commission on December 1, 2001.
9-7 SECTION 8. (a) The adult education program administration
9-8 transition advisory group is created to advise the Texas Workforce
9-9 Commission on transition issues, including ensuring continuity of
9-10 services and complying with federal law affecting adult education,
9-11 in the transfer of administration of adult education programs from
9-12 the Texas Education Agency to the Texas Workforce Commission.
9-13 (b) The advisory group consists of 15 members, eight of whom
9-14 shall be appointed by the executive director of the Texas Workforce
9-15 Commission and seven of whom shall be appointed by the commissioner
9-16 of education. The advisory group must include a representative
9-17 from each segment represented on local workforce development boards
9-18 under Section 2308.256, Government Code, except that a specific
9-19 percentage representation is not required. Among the members
9-20 appointed by the executive director of the Texas Workforce
9-21 Commission must be the director of the division of workforce
9-22 development of the commission. Among the members appointed by the
9-23 commissioner of education must be one or more persons serving on
9-24 the adult education advisory committee appointed by the State Board
9-25 of Education. The executive director of the Texas Workforce
9-26 Commission shall designate one of the executive director's
9-27 appointees to serve as the presiding officer of the advisory group.
10-1 (c) The advisory group may:
10-2 (1) appoint a full-time staff person to provide
10-3 clerical assistance as necessary to assist in implementing the
10-4 duties of the group; and
10-5 (2) adopt interim rules and procedures as necessary to
10-6 implement this section.
10-7 (d) The executive director of the Texas Workforce Commission
10-8 and the commissioner of education shall appoint members to the
10-9 advisory group not later than October 1, 2001.
10-10 (e) The advisory group shall hold its initial meeting not
10-11 later than November 1, 2001.
10-12 (f) This section expires and the advisory group is abolished
10-13 December 1, 2003.
10-14 SECTION 9. This Act takes effect September 1, 2001.