83R15304 KSD-D
 
  By: Guillen, J. Davis of Harris, Sheets, H.B. No. 362
      Marquez, Munoz, Jr.
 
  Substitute the following for H.B. No. 362:
 
  By:  Vo C.S.H.B. No. 362
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
 
  relating to the transfer of adult education and literacy programs
  from the Texas Education Agency to the Texas Workforce Commission.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1.  CHANGES TO LABOR CODE
         SECTION 1.01.  Subtitle B, Title 4, Labor Code, is amended by
  adding Chapter 315 to read as follows:
  CHAPTER 315.  ADULT EDUCATION AND LITERACY PROGRAMS
         Sec. 315.001.  DEFINITIONS.  In this chapter:
               (1)  "Adult" means any individual who is over the age of
  compulsory school attendance prescribed by Section 25.085,
  Education Code.
               (2)  "Adult education" means services and instruction
  provided below the college level for adults by public school
  districts, public junior colleges, regional education service
  centers, nonprofit agencies, or community-based organizations.
               (3)  "Community-based organization" has the meaning
  assigned by 20 U.S.C. Section 7801.
         Sec. 315.002.  COMMISSION DUTIES.  (a)  The commission
  shall:
               (1)  provide adequate staffing, including by hiring a
  director, 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 entities, 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 commission'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.
         (c)  Not later than December 1 of each even-numbered year,
  the commission shall report to the legislature regarding the
  educational and employment outcomes of students who participate in
  the commission's adult education and literacy programs.
         (d)  The commission may adopt rules for the administration of
  this chapter.
         Sec. 315.003.  PROVISION OF ADULT EDUCATION PROGRAMS.  Adult
  education programs must be provided by public school districts,
  public junior colleges, regional education service centers,
  nonprofit agencies, and community-based organizations approved in
  accordance with state statutes and rules adopted by the commission.
  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. 315.004.  ADULT EDUCATION ASSESSMENT.  The commission
  shall, in consultation with the Texas Higher Education Coordinating
  Board and the Texas Education Agency, review the standardized
  assessment mechanism required under Section 315.002(a)(7) and
  recommend any changes necessary to align the assessment with the
  assessments designated under Section 51.3062, Education Code, to
  allow for the proper placement of a student in an adult basic
  education course or to provide the student with the proper
  developmental or English as a second language coursework, as
  appropriate.
         Sec. 315.005.  ADULT EDUCATION AND LITERACY ADVISORY
  COMMITTEE.  (a)  In this section, "advisory committee" means the
  adult education and literacy advisory committee created under this
  section.
         (b)  The commission shall establish an adult education and
  literacy advisory committee composed of not more than nine members
  appointed by the commission. Members of the advisory committee
  must have expertise in the field of adult education and literacy and
  may include adult educators, providers, advocates, current or
  former adult education and literacy program students, and leaders
  in the nonprofit community engaged in literacy promotion efforts.  
  The advisory committee's membership must include at least one
  representative of the business community and at least one
  representative of a local workforce development board.
         (c)  The advisory committee shall:
               (1)  meet at least quarterly;
               (2)  report to the commission at least annually; and
               (3)  advise the commission on:
                     (A)  the development of:
                           (i)  policies and program priorities that
  support the development of an educated and skilled workforce in
  this state;
                           (ii)  statewide curriculum guidelines and
  standards for adult education and literacy services that ensure a
  balance of education and workplace skill development;
                           (iii)  a statewide strategy for improving
  student transitions to postsecondary education and career and
  technical education training; and
                           (iv)  a centralized system for collecting
  and tracking comprehensive data on adult basic education and
  literacy program performance outcomes;
                     (B)  the exploration of potential partnerships
  with entities in the nonprofit community engaged in literacy
  promotion efforts, entities in the business community, and other
  appropriate entities to improve statewide literacy programs; and
                     (C)  any other issue the commission considers
  appropriate.
         (d)  Chapter 2110, Government Code, does not apply to the
  size, composition, or duration of the advisory committee.
         Sec. 315.006.  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
  commission shall ensure that public school districts, public junior
  colleges, regional education service centers, 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
  commission for the purpose of skill training in direct support of
  industrial expansion and new business development in locations,
  industries, and occupations designated by the commission, if the
  training supports the basic purposes of this chapter. To support
  the basic purposes of this chapter, the legislature may also
  appropriate an additional amount to the commission for skill
  training that is conducted to support the expansion of civilian
  employment opportunities on United States military reservations.
         Sec. 315.007.  PERFORMANCE INCENTIVE FUNDING. (a)  The
  commission by rule shall develop and establish a performance-based
  process for annually awarding funds to entities that deliver adult
  education and literacy services under this chapter. The process
  must be designed to reward those entities demonstrating exemplary
  performance in the delivery of services.
         (b)  In developing the process for awarding funds under this
  section, the commission shall prescribe:
               (1)  criteria, including fiscal and programmatic
  performance criteria, to be used to evaluate the performance by the
  entities described by Subsection (a); and
               (2)  procedures for taking corrective action,
  including contract termination or the discontinuation of an award
  of funds, against an entity for the entity's failure to satisfy the
  performance criteria prescribed under Subdivision (1).
         Sec. 315.008.  SERVICE PROVIDER CONTRACTS: COMPETITIVE
  PROCUREMENT REQUIREMENT.  The commission shall use a competitive
  procurement process to award a contract to a service provider of an
  adult education program.
         SECTION 1.02.  Section 302.004, Labor Code, is amended to
  read as follows:
         Sec. 302.004.  FUNDS FOR JOB TRAINING, EMPLOYMENT SERVICES,
  ADULT EDUCATION AND LITERACY ACTIVITIES, AND CHILD CARE. In
  providing job training, [and] employment services, adult education
  and literacy services, and child care to eligible persons, the
  commission, notwithstanding the provisions in this chapter or other
  law, may establish a need-based formula to allocate funds available
  under the Personal Responsibility and Work Opportunity
  Reconciliation Act of 1996 (Pub. L. No. 104-193) and the Workforce
  Investment Act of 1998 (29 U.S.C. Section 2801 et seq.) for job
  training, [and] employment services, adult education and literacy
  activities, and child care to local workforce development areas so
  as to:
               (1)  ensure compliance with federal participation
  rates and requirements and full utilization of the funding; and
               (2)  achieve integrated education and training.
         SECTION 1.03.  Section 302.062(g), Labor Code, is amended to
  read as follows:
         (g)  Block grant funding under this section does not apply
  to:
               (1)  the work and family policies program under Chapter
  81;
               (2)  a program under the skills development fund
  created under Chapter 303;
               (3)  the job counseling program for displaced
  homemakers under Chapter 304;
               (4)  the Communities In Schools program under
  Subchapter E, Chapter 33, Education Code, to the extent that funds
  are available to the commission for that program;
               (5)  the reintegration of offenders program under
  Chapter 306;
               (6)  apprenticeship programs under Chapter 133,
  Education Code;
               (7)  the continuity of care program under Section
  501.095, Government Code;
               (8)  employment programs under Chapter 31, Human
  Resources Code;
               (9)  the senior citizens employment program under
  Chapter 101, Human Resources Code;
               (10)  the programs described by Section 302.021(b)(2);
               (11)  the community service program under the National
  and Community Service Act of 1990 (42 U.S.C. Section 12501 et seq.);
               (12)  the trade adjustment assistance program under
  Part 2, Subchapter II, Trade Act of 1974 (19 U.S.C. Section 2271 et
  seq.);
               (13)  the programs to enhance the employment
  opportunities of veterans; [and]
               (14)  the functions of the State Occupational
  Information Coordinating Committee; and
               (15)  the adult education and literacy programs under
  Chapter 315.
  ARTICLE 2.  TEXAS EDUCATION AGENCY RESPONSIBILITY FOR COMMUNITY
  EDUCATION PROGRAMS; CONFORMING CHANGES TO EDUCATION CODE
         SECTION 2.01.  Section 7.021(b)(8), Education Code, is
  amended to read as follows:
               (8)  The agency shall carry out powers and duties
  relating to [adult and] community education as required under
  Subchapter H, Chapter 29.
         SECTION 2.02.  The heading to Subchapter H, Chapter 29,
  Education Code, is amended to read as follows:
  SUBCHAPTER H.  [ADULT AND] COMMUNITY
  EDUCATION PROGRAMS
         SECTION 2.03.  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 2.04.  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 2.05.  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 2.06.  (a)  The following provisions of the
  Education Code are repealed:
               (1)  Section 7.102(c)(16);
               (2)  Sections 29.251(1), (2), and (3);
               (3)  Section 29.253;
               (4)  Section 29.2531;
               (5)  Section 29.2535; and
               (6)  Section 29.254.
         (b)  Chapter 312, Labor Code, is repealed.
  ARTICLE 3.  TRANSITION PROVISIONS; EFFECTIVE DATE
         SECTION 3.01.  (a)  Not later than January 1, 2014:
               (1)  the administration of adult education and literacy
  programs shall be transferred from the Texas Education Agency to
  the Texas Workforce Commission;
               (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 Workforce
  Commission until superseded by a rule or other appropriate action
  by the Texas Workforce Commission; 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 Workforce
  Commission.
         (b)  Not later than the 60th day before the date of the
  transfer of the administration of adult education and literacy
  programs from the Texas Education Agency to the Texas Workforce
  Commission under Subsection (a) of this section, the Texas
  Education Agency and the Texas Workforce Commission shall enter
  into a memorandum of understanding relating to that transfer.  The
  memorandum must include:
               (1)  a timetable and specific steps and methods for the
  transfer 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 Workforce Commission on the
  date of the transfer; 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, 2013.