By Lucio S.B. No. 359
77R2076 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, Education Code, is amended by
1-6 amending Subsection (a) and adding Subsection (c) to read as
1-7 follows:
1-8 (a) The Texas Workforce Commission [agency] shall:
1-9 (1) provide adequate staffing to develop, administer,
1-10 and support a comprehensive statewide adult education program and
1-11 coordinate related federal and state programs for education and
1-12 training of adults;
1-13 (2) develop, implement, and regulate a comprehensive
1-14 statewide program for community level education services to meet
1-15 the special needs of adults;
1-16 (3) develop the mechanism and guidelines for
1-17 coordination of comprehensive adult education and related skill
1-18 training services for adults with other agencies, both public and
1-19 private, in planning, developing, and implementing related
1-20 programs, including community education programs;
1-21 (4) administer all state and federal funds for adult
1-22 education and related skill training in this state, except in
1-23 programs for which another entity is specifically authorized to do
1-24 so under other law;
2-1 (5) prescribe and administer standards and accrediting
2-2 policies for adult education;
2-3 (6) prescribe and administer rules for teacher
2-4 certification for adult education;
2-5 (7) accept and administer grants, gifts, services, and
2-6 funds from available sources for use in adult education; and
2-7 (8) adopt or develop and administer a standardized
2-8 assessment mechanism for assessing all adult education programs and
2-9 program participants who need literacy instruction, adult basic
2-10 education, or secondary education leading to an adult high school
2-11 diploma or the equivalent.
2-12 (c) The commission shall contract with a public or private
2-13 entity for that entity to complete the development of the
2-14 assessment mechanism prescribed under Subsection (a). Before the
2-15 commission enters into the contract, personnel of the commission
2-16 responsible for adult and community education shall consult with
2-17 other appropriate personnel of the commission in preparing a
2-18 request for proposals for the commission to post in soliciting
2-19 proposals for development of the assessment mechanism. The
2-20 commission shall use federal funds available for that purpose to
2-21 pay the costs incurred under the contract. In addition to
2-22 requirements under Subsection (b), the completed assessment
2-23 mechanism must include:
2-24 (1) enhancement to the adult community education
2-25 information management system to ensure:
2-26 (A) integrity of the system's data; and
2-27 (B) the system's capacity to meet the management
3-1 information needs of local entities that provide adult and
3-2 community education programs;
3-3 (2) a rating system for adult education programs;
3-4 (3) an Internet-based system to disseminate reports to
3-5 the public concerning program results; and
3-6 (4) a long-term program evaluation strategy to
3-7 identify the program components that are most effective in serving
3-8 persons in adult education programs.
3-9 SECTION 2. Section 29.253, Education Code, is amended to
3-10 read as follows:
3-11 Sec. 29.253. PROVISION OF ADULT EDUCATION PROGRAMS. Adult
3-12 education programs shall be provided by public school districts,
3-13 public junior colleges, public universities, public nonprofit
3-14 agencies, and community-based organizations approved in accordance
3-15 with state statutes and rules adopted by the Texas Workforce
3-16 Commission, after consultation with the State Board of Education.
3-17 The programs must be designed to meet the education and training
3-18 needs of adults to the extent possible within available public and
3-19 private resources. Bilingual education may be the method of
3-20 instruction for students who do not function satisfactorily in
3-21 English whenever it is appropriate for their optimum development.
3-22 SECTION 3. Section 29.254, Education Code, is amended to
3-23 read as follows:
3-24 Sec. 29.254. ADULT EDUCATION ADVISORY COMMITTEE. The Texas
3-25 Workforce Commission [State Board of Education] may establish an
3-26 adult education advisory committee composed of not more than 21
3-27 members representing public and private education, business, labor,
4-1 minority groups, and the public to advise the commission [board] on
4-2 needs, priorities, and standards of adult education programs
4-3 conducted in accordance with this subchapter.
4-4 SECTION 4. Section 29.255, Education Code, is amended to
4-5 read as follows:
4-6 Sec. 29.255. FUNDING. (a) Funds shall be appropriated to
4-7 implement statewide adult basic education, adult bilingual
4-8 education, high school equivalency, and high school credit programs
4-9 to eliminate illiteracy in this state and to implement and support
4-10 a statewide program to meet the total range of adult needs for
4-11 adult education, related skill training, and pilot programs to
4-12 demonstrate the effectiveness of the community education concept.
4-13 The Texas Workforce Commission [agency] shall ensure that public
4-14 local education agencies, public nonprofit agencies, and
4-15 community-based organizations have direct and equitable access to
4-16 those funds. An additional sum of money may be appropriated to the
4-17 commission [Texas Department of Commerce] for the purpose of skill
4-18 training in direct support of industrial expansion and start-up,
4-19 and those locations, industries, and occupations designated by the
4-20 commission [Texas Department of Commerce], when such training is
4-21 also in support of the basic purposes of this subchapter. To
4-22 fulfill the basic purposes of this subchapter, an additional sum of
4-23 money may be appropriated for skill training that is conducted to
4-24 support the expansion of civilian employment opportunities on
4-25 United States military reservations.
4-26 (b) The agency, after consultation [in conjunction] with the
4-27 commission [Texas Department of Commerce], may adopt rules to
5-1 administer skill training programs for which the agency is
5-2 responsible, and the commission [Texas Department of Commerce] may
5-3 adopt rules to administer skill training programs for which it is
5-4 responsible.
5-5 SECTION 5. Sections 29.256(a) and (b), Education Code, are
5-6 amended to read as follows:
5-7 (a) A school district whose governing board elects to
5-8 provide community education for all age groups may on application
5-9 and according to rules adopted by the Texas Workforce Commission
5-10 [agency] be reimbursed for those costs from state funds to the
5-11 extent authorized by this section.
5-12 (b) Only a district that has in the preceding or current
5-13 year achieved a level of community education services prescribed by
5-14 the commission [agency] is eligible for reimbursement under this
5-15 section. The commission's [agency's] rules must contain specific
5-16 provisions for eligibility and program operation.
5-17 SECTION 6. Section 29.257, Education Code, is amended to
5-18 read as follows:
5-19 Sec. 29.257. COMMUNITY EDUCATION DEVELOPMENT PROJECTS. (a)
5-20 The legislature may appropriate money from the foundation school
5-21 fund to the Texas Workforce Commission [agency] for developing and
5-22 implementing community education projects. The commission [agency]
5-23 shall actively seek gifts, grants, or other donations for purposes
5-24 related to community education development projects, unless the
5-25 acceptance is prohibited by other law. Money received under this
5-26 subsection shall be deposited in the account established under
5-27 Subsection (b) and may be appropriated only for the purpose for
6-1 which the money was given.
6-2 (b) The community education development account is created
6-3 as a dedicated account in the foundation school fund in the state
6-4 treasury. The account shall consist of community education related
6-5 gifts, grants, and donations and shall be administered by the
6-6 commission [agency].
6-7 (c) Subject to legislative appropriation and except as
6-8 provided by Subsection (g), a school district to which the
6-9 commission [agency] awards money for a community education
6-10 development project is entitled to receive money for a period of
6-11 three years. After that period, a project must be funded wholly
6-12 from local sources. State funding under this section may not
6-13 exceed:
6-14 (1) $50,000 for the first year of a project;
6-15 (2) $35,000 for the second year of a project; or
6-16 (3) $20,000 for the third year of a project.
6-17 (d) The commission [State Board of Education] by rule shall
6-18 establish procedures for distributing community education
6-19 development money to school districts. The procedures must include
6-20 a statewide competitive process by which the commission [agency],
6-21 in accordance with procedures adopted by [board] rule, evaluates
6-22 applications for community education development money and awards
6-23 money to the districts whose projects the commission [agency]
6-24 determines have the greatest merit. A school district may seek
6-25 review of a commission [an agency] determination regarding the
6-26 award of money only in accordance with an administrative review
6-27 process adopted by commission [board] rule. A school district may
7-1 not seek judicial review of a commission [an agency] determination.
7-2 (e) An application for funding under this section must
7-3 include:
7-4 (1) a resolution adopted by the board of trustees of
7-5 the school district adopting a particular community education
7-6 development project plan;
7-7 (2) in accordance with rules adopted by the commission
7-8 [State Board of Education], a description of:
7-9 (A) the objectives of the proposed project,
7-10 including, if appropriate, quantitative targets for the objectives;
7-11 and
7-12 (B) the particular means by which the objectives
7-13 are to be achieved;
7-14 (3) the estimated funding requirements and the data or
7-15 analysis used to prepare the estimate;
7-16 (4) a statement outlining the manner in which the
7-17 proposed project achieves goals for community education and
7-18 complies with the requirements of this section;
7-19 (5) a statement of the manner in which the project is
7-20 to be funded after the third year;
7-21 (6) a provision for a survey of community education
7-22 needs in the district that:
7-23 (A) incorporates the objectives of community
7-24 education;
7-25 (B) is completed and analyzed by the district in
7-26 the first year of the project; and
7-27 (C) adheres to statistical techniques recognized
8-1 as valid by professional statisticians;
8-2 (7) a provision for the maximum efficient use of
8-3 existing school facilities in the first year of the project;
8-4 (8) a provision for the establishment of an advisory
8-5 committee of at least 15 members who:
8-6 (A) are selected without regard to race or sex;
8-7 (B) are selected to reflect persons from the
8-8 local business community, governmental agencies, public and private
8-9 nonprofit educational interests, parents, and the general public;
8-10 and
8-11 (C) serve without compensation; and
8-12 (9) a designation of a district community education
8-13 administrator whose primary responsibility is the implementation
8-14 and supervision of the community education program.
8-15 (f) The commission [agency] shall monitor each project
8-16 awarded money under this section in accordance with rules adopted
8-17 by the commission [State Board of Education]. The commission
8-18 [agency] shall evaluate whether the project has satisfactorily
8-19 carried out the district's objectives as set out in the community
8-20 education project plan. The commission [board] by rule may provide
8-21 a process for amending the plan.
8-22 (g) A school district is not entitled to funding for any
8-23 year of a project for which:
8-24 (1) the district did not apply for funding; or
8-25 (2) the commission [agency] suspends the funding based
8-26 on the commission's [agency's] determination that the district has
8-27 failed to satisfactorily implement the project's objectives.
9-1 (h) The commission [State Board of Education] by rule shall
9-2 provide for an administrative process for the suspension of funding
9-3 under Subsection (g)(2). The rules must be consistent with Chapter
9-4 2001, Government Code.
9-5 (i) The commission [State Board of Education] may adopt
9-6 rules necessary to implement and enforce this section, including
9-7 rules relating to financial audits of school districts that receive
9-8 money under this section. Rules adopted under this section by the
9-9 commission [State Board of Education] may not permit the commission
9-10 [board or the agency] to waive any provision of this section.
9-11 (j) The commission [agency] may not use more than five
9-12 percent of the funds appropriated for the projects under this
9-13 section for the commission's [agency's] administration of this
9-14 section.
9-15 SECTION 7. (a) On December 1, 2001, adult education
9-16 programs administered by the Texas Education Agency shall be
9-17 transferred to the Texas Workforce Commission.
9-18 (b) All money, records, property, and equipment in the
9-19 custody of the Texas Education Agency on November 30, 2001, for
9-20 adult education program administration shall be transferred to the
9-21 custody of the Texas Workforce Commission on December 1, 2001. A
9-22 person employed by the Texas Education Agency in adult education
9-23 program administration becomes an employee of the Texas Workforce
9-24 Commission on December 1, 2001.
9-25 (c) A reference in a law or administrative rule to the Texas
9-26 Education Agency concerning adult education program administration
9-27 means the Texas Workforce Commission.
10-1 (d) The unexpended balance of any appropriation made to the
10-2 Texas Education Agency for adult education program administration
10-3 for the state fiscal biennium ending August 31, 2003, is
10-4 transferred to the Texas Workforce Commission on December 1, 2001.
10-5 SECTION 8. (a) The adult education program administration
10-6 transition advisory group is created to advise the Texas Workforce
10-7 Commission on transition issues, including ensuring continuity of
10-8 services and complying with federal law affecting adult education,
10-9 in the transfer of administration of adult education programs from
10-10 the Texas Education Agency to the Texas Workforce Commission.
10-11 (b) The advisory group consists of 15 members, eight of whom
10-12 shall be appointed by the executive director of the Texas Workforce
10-13 Commission and seven of whom shall be appointed by the commissioner
10-14 of education. The advisory group must include a representative
10-15 from each segment represented on local workforce development boards
10-16 under Section 2308.256, Government Code, except that a specific
10-17 percentage representation is not required. Among the members
10-18 appointed by the executive director of the Texas Workforce
10-19 Commission must be the director of the division of workforce
10-20 development of the commission. Among the members appointed by the
10-21 commissioner of education must be one or more persons serving on
10-22 the adult education advisory committee appointed by the State Board
10-23 of Education. The executive director of the Texas Workforce
10-24 Commission shall designate one of the executive director's
10-25 appointees to serve as the presiding officer of the advisory group.
10-26 (c) The advisory group may:
10-27 (1) appoint a full-time staff person to provide
11-1 clerical assistance as necessary to assist in implementing the
11-2 duties of the group; and
11-3 (2) adopt interim rules and procedures as necessary to
11-4 implement this section.
11-5 (d) The executive director of the Texas Workforce Commission
11-6 and the commissioner of education shall appoint members to the
11-7 advisory group not later than October 1, 2001.
11-8 (e) The advisory group shall hold its initial meeting not
11-9 later than November 1, 2001.
11-10 (f) This section expires and the advisory group is abolished
11-11 December 1, 2003.
11-12 SECTION 9. This Act takes effect September 1, 2001.