By: Rodriguez  S.B. No. 1763
         (In the Senate - Filed March 11, 2011; March 23, 2011, read
  first time and referred to Committee on Higher Education;
  May 5, 2011, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 6, Nays 0; May 5, 2011, sent
  to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1763 By:  Wentworth
 
 
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.
 
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