| |
|
|
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. Subdivision (4), Section 29.251, 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) Subdivision (16), Subsection (c), Section 7.102; |
|
|
(2) Subsections (1), (2), and (3), Section 29.251; |
|
|
(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. |
|
|
|
|
|
* * * * * |