82R15784 VOO-D

By: Margo H.B. No. 3461

Substitute the following for H.B. No. 3461:

By: Branch C.S.H.B. No. 3461

A BILL TO BE ENTITLED

AN ACT

relating to transferring adult education and literacy programs to the Texas Higher Education Coordinating Board from the Texas Education Agency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

ARTICLE 1. HIGHER EDUCATION COORDINATING BOARD RESPONSIBILITY FOR

ADULT EDUCATION AND LITERACY PROGRAMS

SECTION 1.01. Chapter 61, Education Code, is amended by adding Subchapter HH to read as follows:

SUBCHAPTER HH. ADULT EDUCATION AND LITERACY PROGRAMS

Sec. 61.9791. DEFINITIONS. In this subchapter:

(1) "Adult" means any individual who is over the age of compulsory school attendance prescribed by Section 25.085.

(2) "Adult education" means services and instruction provided below the college level for adults by public local education agencies, public nonprofit agencies, or community-based organizations.

(3) "Community-based organization" has the meaning assigned by 20 U.S.C. Section 7801.

Sec. 61.9792. BOARD DUTIES. (a) The board shall:

(1) provide adequate staffing to develop, administer, and support a comprehensive statewide adult education program and coordinate related federal and state programs for the education and training of adults;

(2) develop the mechanism and guidelines for the coordination of comprehensive adult education and related skill training services for adults with other organizations, including public agencies and private organizations, in planning, developing, and implementing related programs;

(3) administer all state and federal funds for adult education and related skill training services in this state, other than funds that another entity is specifically authorized to administer under other law;

(4) prescribe and administer standards and accrediting policies for adult education;

(5) prescribe and administer rules for teacher certification for adult education;

(6) accept and administer grants, gifts, services, and funds from available sources for use in adult education;

(7) adopt or develop and administer a standardized assessment mechanism for assessing all adult education program participants who need literacy instruction, adult basic education, or secondary education leading to an adult high school diploma or the equivalent; and

(8) monitor and evaluate educational and employment outcomes of students who participate in the board's adult education and literacy programs.

(b) The assessment mechanism prescribed by Subsection (a)(7) must include an initial basic skills screening instrument and must provide comprehensive information concerning baseline student skills before and student progress after participation in an adult education program.

Sec. 61.9793. PROVISION OF ADULT EDUCATION PROGRAMS. Adult education programs must be provided by public school districts, public junior colleges, public technical institutes, public state colleges, general academic teaching institutions, public nonprofit agencies, and community-based organizations approved in accordance with state law and with rules adopted by the board. The programs must be designed to meet the education and training needs of adults to the extent possible using available public and private resources. Bilingual education may be used to instruct students who do not function satisfactorily in English whenever it is appropriate for those students' optimum development.

Sec. 61.9794. ADULT EDUCATION AND LITERACY ADVISORY COMMITTEE. (a) The board shall establish an adult education and literacy advisory committee composed of not more than nine members appointed by the board. Members of the advisory committee must have expertise in the field of adult education and literacy. The advisory committee must include three representatives from public junior or community colleges and may include adult educators, providers, advocates, and current or former adult education and literacy program students.

(b) The advisory committee shall:

(1) meet at least quarterly;

(2) report to the board at least annually; and

(3) advise the board on:

(A) the development of policies and program priorities that support the development of an educated and skilled workforce in this state;

(B) the development of statewide curriculum guidelines and standards for adult education and literacy services that ensure a balance of education and workplace skill development; and

(C) any other issue the board considers appropriate.

(c) Chapter 2110, Government Code, does not apply to the size, composition, or duration of the advisory committee.

Sec. 61.9795. STATE FUNDING. (a) Funds shall be appropriated to implement statewide adult basic education, adult bilingual education, high school equivalency, and high school credit programs to eliminate illiteracy in this state and to implement and support a statewide program to meet the total range of adult needs for adult education and related skill training. The board shall ensure that public local education agencies, public nonprofit agencies, and community-based organizations have direct and equitable access to those funds.

(b) In addition to any amount appropriated under Subsection (a), the legislature may appropriate an additional amount to the board for the purpose of skill training in direct support of industrial expansion and new business development, and to those locations, industries, and occupations designated by the board, if the training supports the basic purposes of this subchapter. To support the basic purposes of this subchapter, the legislature may also appropriate an additional amount to the board for skill training that is conducted to support the expansion of civilian employment opportunities on United States military reservations.

Sec. 61.9796. BIENNIAL REPORT TO THE LEGISLATURE. Not later than December 1 of each even-numbered year, the board shall report to the legislature regarding the educational and employment outcomes of students who participate in the adult education and literacy programs under this subchapter.

Sec. 61.9797. RULES. The board may adopt rules as necessary to administer this subchapter.

ARTICLE 2. TEXAS EDUCATION AGENCY RESPONSIBILITY FOR COMMUNITY

EDUCATION PROGRAMS; CONFORMING CHANGES

SECTION 2.01. The heading to Subchapter H, Chapter 29, Education Code, is amended to read as follows:

SUBCHAPTER H. [ADULT AND] COMMUNITY EDUCATION PROGRAMS

SECTION 2.02. Section 29.251(4), Education Code, is amended to read as follows:

(4) "Community education" means the process by which the citizens in a school district, using the resources and facilities of the district, organize to support each other and to solve their mutual educational problems and meet their mutual lifelong needs. Community education may include:

(A) educational programs, including programs relating to [for occupational and technological skills training, retraining of displaced workers,] cultural awareness, parenting skills education and parental involvement in school programs, and multilevel [adult education and] personal growth;

(B) community involvement programs, including programs for community economic development, school volunteers, partnerships between schools and businesses, coordination with community agencies, school-age child care, family [and workplace] literacy, and community use of facilities; and

(C) programs for youth enrolled in schools, including programs for dropout prevention and recovery programs, drug-free school programs, school-age parenting programs, and academic enhancement.

SECTION 2.03. Section 29.252, Education Code, is amended to read as follows:

Sec. 29.252. AGENCY [STATE] ROLE IN [ADULT AND] COMMUNITY EDUCATION. (a) The agency shall:

(1) [provide adequate staffing to develop, administer, and support a comprehensive statewide adult education program and coordinate related federal and state programs for education and training of adults;

[(2)] develop, implement, and regulate a comprehensive statewide program for community [level] education services [to meet the special needs of adults];

(2) [(3) develop the mechanism and guidelines for coordination of comprehensive adult education and related skill training services for adults with other agencies, both public and private, in planning, developing, and implementing related programs, including community education programs;

[(4)] administer all state and federal funds for community [adult] education [and related skill training] in this state, other than funds that [except in programs for which] another entity is specifically authorized to administer [do so] under other law; and

(3) [(5) prescribe and administer standards and accrediting policies for adult education;

[(6) prescribe and administer rules for teacher certification for adult education;

[(7)] accept and administer grants, gifts, services, and funds from available sources for use in community [adult] education[;

[(8) adopt or develop and administer a standardized assessment mechanism for assessing all adult education program participants who need literacy instruction, adult basic education, or secondary education leading to an adult high school diploma or the equivalent;

[(9) collaborate with the Texas Workforce Commission to improve the coordination and implementation of adult education and literacy services in this state; and

[(10) monitor and evaluate educational and employment outcomes of students who participate in the agency's adult education and literacy programs].

(b) The agency may adopt rules for the administration of this subchapter [assessment mechanism prescribed under Subsection (a)(8) must include an initial basic skills screening instrument and must provide comprehensive information concerning baseline student skills before and student progress after participation in an adult education program].

SECTION 2.04. Section 29.255, Education Code, is amended to read as follows:

Sec. 29.255. STATE FUNDING. [(a)] Funds shall be appropriated to implement statewide community [adult basic] education[, adult bilingual education, high school equivalency, and high school credit] programs, including [to eliminate illiteracy in this state and to implement and support a statewide program to meet the total range of adult needs for adult education, related skill training, and] pilot programs to demonstrate the effectiveness of the community education concept. The agency shall ensure that public local education agencies, public nonprofit agencies, and community-based organizations have direct and equitable access to those funds. [An additional sum of money may be appropriated to the Texas Department of Commerce for the purpose of skill training in direct support of industrial expansion and start-up, and those locations, industries, and occupations designated by the Texas Department of Commerce, when such training is also in support of the basic purposes of this subchapter. To fulfill the basic purposes of this subchapter, an additional sum of money may be appropriated for skill training that is conducted to support the expansion of civilian employment opportunities on United States military reservations.

[(b) The agency, in conjunction with the Texas Department of Commerce, may adopt rules to administer skill training programs for which the agency is responsible, and the Texas Department of Commerce may adopt rules to administer skill training programs for which it is responsible.]

SECTION 2.05. The following provisions of the Education Code are repealed:

(1) Section 7.102(16);

(2) Sections 29.251(1), (2), and (3);

(3) Section 29.253; and

(4) Section 29.254.

ARTICLE 3. TRANSITION PROVISIONS; EFFECTIVE DATE

SECTION 3.01. (a) On January 1, 2012:

(1) the administration of adult education and literacy programs shall be transferred from the Texas Education Agency to the Texas Higher Education Coordinating Board;

(2) all rules, policies, procedures, and decisions of the Texas Education Agency relating to the administration of adult education and literacy programs are continued in effect as rules, policies, procedures, and decisions of the Texas Higher Education Coordinating Board until superseded by a rule or other appropriate action by the Texas Higher Education Coordinating Board; and

(3) a reference in law or administrative rule to the Texas Education Agency relating to the administration of adult education and literacy programs means the Texas Higher Education Coordinating Board.

(b) Not later than October 1, 2011, the Texas Education Agency and the Texas Higher Education Coordinating Board shall enter into a memorandum of understanding relating to the transfer of the administration of adult education and literacy programs from the Texas Education Agency to the Texas Higher Education Coordinating Board as provided by this Act. The memorandum must include:

(1) a timetable and specific steps and methods for the transfer on January 1, 2012, of all powers, duties, obligations, rights, contracts, leases, records, real or personal property, and unspent and unobligated appropriations and other funds relating to the administration of adult education and literacy programs from the Texas Education Agency to the Texas Higher Education Coordinating Board; and

(2) measures to ensure against any unnecessary disruption to adult education and literacy services provided at the local level.

SECTION 3.02. This Act takes effect September 1, 2011.