By Maxey                                              H.B. No. 1690
         77R6611 JSA-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the transfer of the administration of adult and
 1-3     community education programs to the Texas Higher Education
 1-4     Coordinating Board.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Subchapter H, Chapter 29, Education Code, is
 1-7     redesignated as Subchapter X, Chapter 61, Education Code, and
 1-8     amended to read as follows:
 1-9          SUBCHAPTER X [H].  ADULT AND COMMUNITY EDUCATION PROGRAMS
1-10           Sec. 61.9501 [29.251].  DEFINITIONS.  In this subchapter:
1-11                 (1)  "Adult education" means services and instruction
1-12     provided below the college level for adults by public local
1-13     education agencies, public nonprofit agencies, or community-based
1-14     organizations.
1-15                 (2)  "Adult" means any individual who is over the age
1-16     of compulsory school attendance prescribed by Section 25.085.
1-17                 (3)  "Community-based organization" has the meaning
1-18     assigned by 20 U.S.C. Section 1201a, including any future
1-19     amendments.
1-20                 (4)  "Community education" means the process by which
1-21     the citizens in a school district, using the resources and
1-22     facilities of the district, organize to support each other and to
1-23     solve their mutual educational problems and meet their mutual
1-24     lifelong needs. Community education may include:
 2-1                       (A)  educational programs, including programs for
 2-2     occupational and technological skills training, retraining of
 2-3     displaced workers, cultural awareness, parenting skills education
 2-4     and parental involvement in school programs, and multilevel adult
 2-5     education and personal growth;
 2-6                       (B)  community involvement programs, including
 2-7     programs for community economic development, school volunteers,
 2-8     partnerships between schools and businesses, coordination with
 2-9     community agencies, school-age child care, family and workplace
2-10     literacy, and community use of facilities; and
2-11                       (C)  programs for youth enrolled in schools,
2-12     including programs for dropout prevention and recovery programs,
2-13     drug-free school programs, school-age parenting programs, and
2-14     academic enhancement.
2-15           Sec. 61.9502 [29.252].  STATE ROLE IN ADULT AND COMMUNITY
2-16     EDUCATION.  (a)  The board [agency] shall:
2-17                 (1)  provide adequate staffing to develop, administer,
2-18     and support a comprehensive statewide adult education program and
2-19     coordinate related federal and state programs for education and
2-20     training of adults;
2-21                 (2)  develop, implement, and regulate a comprehensive
2-22     statewide program for community level education services to meet
2-23     the special needs of adults;
2-24                 (3)  develop the mechanism and guidelines for
2-25     coordination of comprehensive adult education and related skill
2-26     training services for adults with other agencies, both public and
2-27     private, in planning, developing, and implementing related
 3-1     programs, including community education programs;
 3-2                 (4)  administer all state and federal funds for adult
 3-3     education and related skill training in this state, except in
 3-4     programs for which another entity is specifically authorized to do
 3-5     so under other law;
 3-6                 (5)  prescribe and administer standards and accrediting
 3-7     policies for adult education;
 3-8                 (6)  prescribe and administer rules for teacher
 3-9     certification for adult education;
3-10                 (7)  accept and administer grants, gifts, services, and
3-11     funds from available sources for use in adult education; and
3-12                 (8)  adopt or develop and administer a standardized
3-13     assessment mechanism for assessing all adult education program
3-14     participants who need literacy instruction, adult basic education,
3-15     or secondary education leading to an adult high school diploma or
3-16     the equivalent.
3-17           (b)  The assessment mechanism prescribed under Subsection
3-18     (a)(8) must include an initial basic skills screening instrument
3-19     and must provide comprehensive information concerning baseline
3-20     student skills before and student progress after participation in
3-21     an adult education program.
3-22           Sec. 61.9503 [29.253].  PROVISION OF ADULT EDUCATION
3-23     PROGRAMS.  Adult education programs shall be provided by public
3-24     school districts, public junior colleges, public universities,
3-25     public nonprofit agencies, and community-based organizations
3-26     approved in accordance with state statutes and rules adopted by the
3-27     board in consultation with the  State Board of Education.  The
 4-1     programs must be designed to meet the education and training needs
 4-2     of adults to the extent possible within available public and
 4-3     private resources. Bilingual education may be the method of
 4-4     instruction for students who do not function satisfactorily in
 4-5     English whenever it is appropriate for their optimum development.
 4-6           Sec. 61.9504 [29.254].  ADULT EDUCATION ADVISORY COMMITTEE.
 4-7     The board [State Board of Education] may establish an adult
 4-8     education advisory committee composed of not more than 21 members
 4-9     representing public and private education, business, labor,
4-10     minority groups, and the public to advise the board on needs,
4-11     priorities, and standards of adult education programs conducted in
4-12     accordance with this subchapter.
4-13           Sec. 61.9505 [29.255].  FUNDING.  (a)  The legislature shall
4-14     appropriate money [Funds shall be appropriated] to implement
4-15     statewide adult basic education, adult bilingual education, high
4-16     school equivalency, and high school credit programs to eliminate
4-17     illiteracy in this state and to implement and support a statewide
4-18     program to meet the total range of adult needs for adult education,
4-19     related skill training, and pilot programs to demonstrate the
4-20     effectiveness of the community education concept.  The board
4-21     [agency] shall ensure that public local education agencies, public
4-22     nonprofit agencies, and community-based organizations have direct
4-23     and equitable access to the appropriated money [those funds].  The
4-24     legislature may appropriate an [An] additional sum of money [may be
4-25     appropriated] to the board [Texas Department of Commerce] for the
4-26     purpose of skill training in direct support of industrial expansion
4-27     and start-up, and those locations, industries, and occupations
 5-1     designated by the board [Texas Department of Commerce], when such
 5-2     training is also in support of the basic purposes of this
 5-3     subchapter.  To fulfill the basic purposes of this subchapter, the
 5-4     legislature may appropriate an additional sum of money [may be
 5-5     appropriated] for skill training that is conducted to support the
 5-6     expansion of civilian employment opportunities on United States
 5-7     military reservations.
 5-8           (b)  The Texas Education Agency, after consultation [agency,
 5-9     in conjunction] with the board [Texas Department of Commerce], may
5-10     adopt rules to administer skill training programs for which the
5-11     Texas Education Agency [agency] is responsible, and the board
5-12     [Texas Department of Commerce] may adopt rules to administer skill
5-13     training programs for which it is responsible.
5-14           Sec. 61.9506 [29.256].  REIMBURSEMENT FOR COMMUNITY EDUCATION
5-15     SERVICES.  (a)  A school district whose governing board elects to
5-16     provide community education for all age groups may on application
5-17     and according to rules adopted by the board [agency] be reimbursed
5-18     for those costs from state funds to the extent authorized by this
5-19     section.
5-20           (b)  Only a school district that has in the preceding or
5-21     current year achieved a level of community education services
5-22     prescribed by the board [agency] is eligible for reimbursement
5-23     under this section.  The board's [agency's] rules must contain
5-24     specific provisions for eligibility and program operation.
5-25           (c)  The cost to the state shall be paid from the foundation
5-26     school fund.
5-27           (d)  The legislature in the General Appropriations Act shall
 6-1     set a limit on the amount of funds that may be expended under this
 6-2     section each year.
 6-3           Sec. 61.9507 [29.257].  COMMUNITY EDUCATION DEVELOPMENT
 6-4     PROJECTS.  (a)  The legislature may appropriate money from the
 6-5     foundation school fund to the board [agency] for developing and
 6-6     implementing community education projects. The board [agency] shall
 6-7     actively seek gifts, grants, or other donations for purposes
 6-8     related to community education development projects, unless the
 6-9     acceptance is prohibited by other law.  Money received under this
6-10     subsection shall be deposited in the account established under
6-11     Subsection (b) and may be appropriated only for the purpose for
6-12     which the money was given.
6-13           (b)  The community education development account is created
6-14     as a dedicated account in the foundation school fund in the state
6-15     treasury.  The account shall consist of community education related
6-16     gifts, grants, and donations and shall be administered by the board
6-17     [agency].
6-18           (c)  Subject to legislative appropriation and except as
6-19     provided by Subsection (g), a school district to which the board
6-20     [agency] awards money for a community education development project
6-21     is entitled to receive money for a period of three years.  After
6-22     that period, a project must be funded wholly from local sources.
6-23     State funding under this section may not exceed:
6-24                 (1)  $50,000 for the first year of a project;
6-25                 (2)  $35,000 for the second year of a project; or
6-26                 (3)  $20,000 for the third year of a project.
6-27           (d)  The board [State Board of Education] by rule shall
 7-1     establish procedures for distributing community education
 7-2     development money to school districts.  The procedures must include
 7-3     a statewide competitive process by which the board [agency], in
 7-4     accordance with procedures adopted by board rule, evaluates
 7-5     applications for community education development money and awards
 7-6     money to the school districts whose projects the board [agency]
 7-7     determines have the greatest merit.  A school district may seek
 7-8     review of a board [an agency] determination regarding the award of
 7-9     money only in accordance with an administrative review process
7-10     adopted by board rule.  A school district may not seek judicial
7-11     review of a board [an agency] determination.
7-12           (e)  An application for funding under this section must
7-13     include:
7-14                 (1)  a resolution adopted by the board of trustees of
7-15     the school district adopting a particular community education
7-16     development project plan;
7-17                 (2)  in accordance with rules adopted by the board
7-18     [State Board of Education], a description of:
7-19                       (A)  the objectives of the proposed project,
7-20     including, if appropriate, quantitative targets for the objectives;
7-21     and
7-22                       (B)  the particular means by which the objectives
7-23     are to be achieved;
7-24                 (3)  the estimated funding requirements and the data or
7-25     analysis used to prepare the estimate;
7-26                 (4)  a statement outlining the manner in which the
7-27     proposed project achieves goals for community education and
 8-1     complies with the requirements of this section;
 8-2                 (5)  a statement of the manner in which the project is
 8-3     to be funded after the third year;
 8-4                 (6)  a provision for a survey of community education
 8-5     needs in the school district that:
 8-6                       (A)  incorporates the objectives of community
 8-7     education;
 8-8                       (B)  is completed and analyzed by the school
 8-9     district in the first year of the project; and
8-10                       (C)  adheres to statistical techniques recognized
8-11     as valid by professional statisticians;
8-12                 (7)  a provision for the maximum efficient use of
8-13     existing school facilities in the first year of the project;
8-14                 (8)  a provision for the establishment of an advisory
8-15     committee of at least 15 members who:
8-16                       (A)  are selected without regard to race or sex;
8-17                       (B)  are selected to reflect persons from the
8-18     local business community, governmental agencies, public and private
8-19     nonprofit educational interests, parents, and the general public;
8-20     and
8-21                       (C)  serve without compensation; and
8-22                 (9)  a designation of a district community education
8-23     administrator whose primary responsibility is the implementation
8-24     and supervision of the community education program.
8-25           (f)  The board [agency] shall monitor each project awarded
8-26     money under this section in accordance with rules adopted by the
8-27     board [State Board of Education].  The board [agency] shall
 9-1     evaluate whether the project has satisfactorily carried out the
 9-2     district's objectives as set out in the community education project
 9-3     plan.  The board by rule may provide a process for amending the
 9-4     plan.
 9-5           (g)  A school district is not entitled to funding for any
 9-6     year of a project for which:
 9-7                 (1)  the school district did not apply for funding; or
 9-8                 (2)  the board [agency] suspends the funding based on
 9-9     the board's [agency's] determination that the school district has
9-10     failed to satisfactorily implement the project's objectives.
9-11           (h)  The board [State Board of Education] by rule shall
9-12     provide for an administrative process for the suspension of funding
9-13     under Subsection (g)(2).  The rules must be consistent with Chapter
9-14     2001, Government Code.
9-15           (i)  The board [State Board of Education] may adopt rules
9-16     necessary to implement and enforce this section, including rules
9-17     relating to financial audits of school districts that receive money
9-18     under this section.  Rules adopted under this section by the board
9-19     [State Board of Education] may not permit the board [or the agency]
9-20     to waive any provision of this section.
9-21           (j)  The board [agency] may not use more than five percent of
9-22     the funds appropriated for the projects under this section for the
9-23     board's [agency's] administration of this section.
9-24           SECTION 2.  (a)  On December 1, 2001, adult education
9-25     programs administered by the Texas Education Agency shall be
9-26     transferred to the Texas Higher Education Coordinating Board.
9-27           (b)  All money, records, property, and equipment  in the
 10-1    custody of the Texas Education Agency on November 30, 2001, for
 10-2    adult education program administration shall be transferred to the
 10-3    custody of the Texas Higher Education Coordinating Board on
 10-4    December 1, 2001.  A person employed by the Texas Education Agency
 10-5    primarily in adult education program administration becomes an
 10-6    employee of the Texas Higher Education Coordinating Board on
 10-7    December 1, 2001.
 10-8          (c)  A reference in a law or rule to the Texas Education
 10-9    Agency concerning adult education program administration means the
10-10    Texas Higher Education Coordinating Board.  Until readopted,
10-11    amended, or repealed by the coordinating board, all rules adopted
10-12    by the Texas Education Agency to administer Subchapter H, Chapter
10-13    29, Education Code, that are in effect on November 30, 2001,
10-14    continue in effect as rules of the coordinating board for the
10-15    administration of Subchapter X, Chapter 61, Education Code, as
10-16    added by this Act.
10-17          (d)  An appropriation made to the Texas Education Agency for
10-18    adult education program administration for the state fiscal
10-19    biennium ending August 31, 2003, is transferred to the Texas Higher
10-20    Education Coordinating Board on December 1, 2001.
10-21          SECTION 3.  (a)  The adult education program administration
10-22    transition advisory group is created to advise the Texas Higher
10-23    Education Coordinating Board on transition issues, including
10-24    ensuring continuity of services and complying with federal law
10-25    affecting adult education, in the transfer of administration of
10-26    adult education programs from the Texas Education Agency to the
10-27    Texas Higher Education Coordinating Board.
 11-1          (b)  The advisory group consists of 15 members, eight of whom
 11-2    shall be appointed by the commissioner of higher education and
 11-3    seven of whom shall be appointed by the commissioner of education.
 11-4          (c)  The advisory group may:
 11-5                (1)  appoint a full-time staff person to provide
 11-6    clerical assistance as necessary to assist in implementing the
 11-7    duties of the group; and
 11-8                (2)  adopt interim rules and procedures as necessary to
 11-9    implement this section.
11-10          (d)  The commissioner of higher education and the
11-11    commissioner of education shall appoint members to the advisory
11-12    group not later than October 1, 2001.
11-13          (e)  The advisory group shall hold its initial meeting not
11-14    later than November 1, 2001.
11-15          (f)  This section expires and the advisory group is abolished
11-16    December 1, 2003.
11-17          SECTION 4.  This Act takes effect September 1, 2001.