Texas 2011 - 82nd Regular

Texas House Bill HB3461 Compare Versions

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1	1	82R15784 VOO-D
2	2	By: Margo H.B. No. 3461
3	3	Substitute the following for H.B. No. 3461:
4	4	By: Branch C.S.H.B. No. 3461
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to transferring adult education and literacy programs to
10	10	the Texas Higher Education Coordinating Board from the Texas
11	11	Education Agency.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	ARTICLE 1. HIGHER EDUCATION COORDINATING BOARD RESPONSIBILITY FOR
14	14	ADULT EDUCATION AND LITERACY PROGRAMS
15	15	SECTION 1.01. Chapter 61, Education Code, is amended by
16	16	adding Subchapter HH to read as follows:
17	17	SUBCHAPTER HH. ADULT EDUCATION AND LITERACY PROGRAMS
18	18	Sec. 61.9791. DEFINITIONS. In this subchapter:
19	19	(1) "Adult" means any individual who is over the age of
20	20	compulsory school attendance prescribed by Section 25.085.
21	21	(2) "Adult education" means services and instruction
22	22	provided below the college level for adults by public local
23	23	education agencies, public nonprofit agencies, or community-based
24	24	organizations.
25	25	(3) "Community-based organization" has the meaning
26	26	assigned by 20 U.S.C. Section 7801.
27	27	Sec. 61.9792. BOARD DUTIES. (a) The board shall:
28	28	(1) provide adequate staffing to develop, administer,
29	29	and support a comprehensive statewide adult education program and
30	30	coordinate related federal and state programs for the education and
31	31	training of adults;
32	32	(2) develop the mechanism and guidelines for the
33	33	coordination of comprehensive adult education and related skill
34	34	training services for adults with other organizations, including
35	35	public agencies and private organizations, in planning,
36	36	developing, and implementing related programs;
37	37	(3) administer all state and federal funds for adult
38	38	education and related skill training services in this state, other
39	39	than funds that another entity is specifically authorized to
40	40	administer under other law;
41	41	(4) prescribe and administer standards and
42	42	accrediting policies for adult education;
43	43	(5) prescribe and administer rules for teacher
44	44	certification for adult education;
45	45	(6) accept and administer grants, gifts, services, and
46	46	funds from available sources for use in adult education;
47	47	(7) adopt or develop and administer a standardized
48	48	assessment mechanism for assessing all adult education program
49	49	participants who need literacy instruction, adult basic education,
50	50	or secondary education leading to an adult high school diploma or
51	51	the equivalent; and
52	52	(8) monitor and evaluate educational and employment
53	53	outcomes of students who participate in the board's adult education
54	54	and literacy programs.
55	55	(b) The assessment mechanism prescribed by Subsection
56	56	(a)(7) must include an initial basic skills screening instrument
57	57	and must provide comprehensive information concerning baseline
58	58	student skills before and student progress after participation in
59	59	an adult education program.
60	60	Sec. 61.9793. PROVISION OF ADULT EDUCATION PROGRAMS. Adult
61	61	education programs must be provided by public school districts,
62	62	public junior colleges, public technical institutes, public state
63	63	colleges, general academic teaching institutions, public nonprofit
64	64	agencies, and community-based organizations approved in accordance
65	65	with state law and with rules adopted by the board. The programs
66	66	must be designed to meet the education and training needs of adults
67	67	to the extent possible using available public and private
68	68	resources. Bilingual education may be used to instruct students
69	69	who do not function satisfactorily in English whenever it is
70	70	appropriate for those students' optimum development.
71	71	Sec. 61.9794. ADULT EDUCATION AND LITERACY ADVISORY
72	72	COMMITTEE. (a) The board shall establish an adult education and
73	73	literacy advisory committee composed of not more than nine members
74	74	appointed by the board. Members of the advisory committee must have
75	75	expertise in the field of adult education and literacy. The
76	76	advisory committee must include three representatives from public
77	77	junior or community colleges and may include adult educators,
78	78	providers, advocates, and current or former adult education and
79	79	literacy program students.
80	80	(b) The advisory committee shall:
81	81	(1) meet at least quarterly;
82	82	(2) report to the board at least annually; and
83	83	(3) advise the board on:
84	84	(A) the development of policies and program
85	85	priorities that support the development of an educated and skilled
86	86	workforce in this state;
87	87	(B) the development of statewide curriculum
88	88	guidelines and standards for adult education and literacy services
89	89	that ensure a balance of education and workplace skill development;
90	90	and
91	91	(C) any other issue the board considers
92	92	appropriate.
93	93	(c) Chapter 2110, Government Code, does not apply to the
94	94	size, composition, or duration of the advisory committee.
95	95	Sec. 61.9795. STATE FUNDING. (a) Funds shall be
96	96	appropriated to implement statewide adult basic education, adult
97	97	bilingual education, high school equivalency, and high school
98	98	credit programs to eliminate illiteracy in this state and to
99	99	implement and support a statewide program to meet the total range of
100	100	adult needs for adult education and related skill training. The
101	101	board shall ensure that public local education agencies, public
102	102	nonprofit agencies, and community-based organizations have direct
103	103	and equitable access to those funds.
104	104	(b) In addition to any amount appropriated under Subsection
105	105	(a), the legislature may appropriate an additional amount to the
106	106	board for the purpose of skill training in direct support of
107	107	industrial expansion and new business development, and to those
108	108	locations, industries, and occupations designated by the board, if
109	109	the training supports the basic purposes of this subchapter. To
110	110	support the basic purposes of this subchapter, the legislature may
111	111	also appropriate an additional amount to the board for skill
112	112	training that is conducted to support the expansion of civilian
113	113	employment opportunities on United States military reservations.
114	114	Sec. 61.9796. BIENNIAL REPORT TO THE LEGISLATURE. Not
115	115	later than December 1 of each even-numbered year, the board shall
116	116	report to the legislature regarding the educational and employment
117	117	outcomes of students who participate in the adult education and
118	118	literacy programs under this subchapter.
119	119	Sec. 61.9797. RULES. The board may adopt rules as necessary
120	120	to administer this subchapter.
121	121	ARTICLE 2. TEXAS EDUCATION AGENCY RESPONSIBILITY FOR COMMUNITY
122	122	EDUCATION PROGRAMS; CONFORMING CHANGES
123	123	SECTION 2.01. The heading to Subchapter H, Chapter 29,
124	124	Education Code, is amended to read as follows:
125	125	SUBCHAPTER H. [ADULT AND] COMMUNITY EDUCATION PROGRAMS
126	126	SECTION 2.02. Section 29.251(4), Education Code, is amended
127	127	to read as follows:
128	128	(4) "Community education" means the process by which
129	129	the citizens in a school district, using the resources and
130	130	facilities of the district, organize to support each other and to
131	131	solve their mutual educational problems and meet their mutual
132	132	lifelong needs. Community education may include:
133	133	(A) educational programs, including programs
134	134	relating to [for occupational and technological skills training,
135	135	retraining of displaced workers,] cultural awareness, parenting
136	136	skills education and parental involvement in school programs, and
137	137	multilevel [adult education and] personal growth;
138	138	(B) community involvement programs, including
139	139	programs for community economic development, school volunteers,
140	140	partnerships between schools and businesses, coordination with
141	141	community agencies, school-age child care, family [and workplace]
142	142	literacy, and community use of facilities; and
143	143	(C) programs for youth enrolled in schools,
144	144	including programs for dropout prevention and recovery programs,
145	145	drug-free school programs, school-age parenting programs, and
146	146	academic enhancement.
147	147	SECTION 2.03. Section 29.252, Education Code, is amended to
148	148	read as follows:
149	149	Sec. 29.252. AGENCY [STATE] ROLE IN [ADULT AND] COMMUNITY
150	150	EDUCATION. (a) The agency shall:
151	151	(1) [provide adequate staffing to develop,
152	152	administer, and support a comprehensive statewide adult education
153	153	program and coordinate related federal and state programs for
154	154	education and training of adults;
155	155	[(2)] develop, implement, and regulate a
156	156	comprehensive statewide program for community [level] education
157	157	services [to meet the special needs of adults];
158	158	(2) [(3) develop the mechanism and guidelines for
159	159	coordination of comprehensive adult education and related skill
160	160	training services for adults with other agencies, both public and
161	161	private, in planning, developing, and implementing related
162	162	programs, including community education programs;
163	163	[(4)] administer all state and federal funds for
164	164	community [adult] education [and related skill training] in this
165	165	state, other than funds that [except in programs for which] another
166	166	entity is specifically authorized to administer [do so] under other
167	167	law; and
168	168	(3) [(5) prescribe and administer standards and
169	169	accrediting policies for adult education;
170	170	[(6) prescribe and administer rules for teacher
171	171	certification for adult education;
172	172	[(7)] accept and administer grants, gifts, services,
173	173	and funds from available sources for use in community [adult]
174	174	education[;
175	175	[(8) adopt or develop and administer a standardized
176	176	assessment mechanism for assessing all adult education program
177	177	participants who need literacy instruction, adult basic education,
178	178	or secondary education leading to an adult high school diploma or
179	179	the equivalent;
180	180	[(9) collaborate with the Texas Workforce Commission
181	181	to improve the coordination and implementation of adult education
182	182	and literacy services in this state; and
183	183	[(10) monitor and evaluate educational and employment
184	184	outcomes of students who participate in the agency's adult
185	185	education and literacy programs].
186	186	(b) The agency may adopt rules for the administration of
187	187	this subchapter [assessment mechanism prescribed under Subsection
188	188	(a)(8) must include an initial basic skills screening instrument
189	189	and must provide comprehensive information concerning baseline
190	190	student skills before and student progress after participation in
191	191	an adult education program].
192	192	SECTION 2.04. Section 29.255, Education Code, is amended to
193	193	read as follows:
194	194	Sec. 29.255. STATE FUNDING. [(a)] Funds shall be
195	195	appropriated to implement statewide community [adult basic]
196	196	education[, adult bilingual education, high school equivalency,
197	197	and high school credit] programs, including [to eliminate
198	198	illiteracy in this state and to implement and support a statewide
199	199	program to meet the total range of adult needs for adult education,
200	200	related skill training, and] pilot programs to demonstrate the
201	201	effectiveness of the community education concept. The agency shall
202	202	ensure that public local education agencies, public nonprofit
203	203	agencies, and community-based organizations have direct and
204	204	equitable access to those funds. [An additional sum of money may be
205	205	appropriated to the Texas Department of Commerce for the purpose of
206	206	skill training in direct support of industrial expansion and
207	207	start-up, and those locations, industries, and occupations
208	208	designated by the Texas Department of Commerce, when such training
209	209	is also in support of the basic purposes of this subchapter. To
210	210	fulfill the basic purposes of this subchapter, an additional sum of
211	211	money may be appropriated for skill training that is conducted to
212	212	support the expansion of civilian employment opportunities on
213	213	United States military reservations.
214	214	[(b) The agency, in conjunction with the Texas Department of
215	215	Commerce, may adopt rules to administer skill training programs for
216	216	which the agency is responsible, and the Texas Department of
217	217	Commerce may adopt rules to administer skill training programs for
218	218	which it is responsible.]
219	219	SECTION 2.05. The following provisions of the Education
220	220	Code are repealed:
221	221	(1) Section 7.102(16);
222	222	(2) Sections 29.251(1), (2), and (3);
223	223	(3) Section 29.253; and
224	224	(4) Section 29.254.
225	225	ARTICLE 3. TRANSITION PROVISIONS; EFFECTIVE DATE
226	226	SECTION 3.01. (a) On January 1, 2012:
227	227	(1) the administration of adult education and literacy
228	228	programs shall be transferred from the Texas Education Agency to
229	229	the Texas Higher Education Coordinating Board;
230	230	(2) all rules, policies, procedures, and decisions of
231	231	the Texas Education Agency relating to the administration of adult
232	232	education and literacy programs are continued in effect as rules,
233	233	policies, procedures, and decisions of the Texas Higher Education
234	234	Coordinating Board until superseded by a rule or other appropriate
235	235	action by the Texas Higher Education Coordinating Board; and
236	236	(3) a reference in law or administrative rule to the
237	237	Texas Education Agency relating to the administration of adult
238	238	education and literacy programs means the Texas Higher Education
239	239	Coordinating Board.
240	240	(b) Not later than October 1, 2011, the Texas Education
241	241	Agency and the Texas Higher Education Coordinating Board shall
242	242	enter into a memorandum of understanding relating to the transfer
243	243	of the administration of adult education and literacy programs from
244	244	the Texas Education Agency to the Texas Higher Education
245	245	Coordinating Board as provided by this Act. The memorandum must
246	246	include:
247	247	(1) a timetable and specific steps and methods for the
248	248	transfer on January 1, 2012, of all powers, duties, obligations,
249	249	rights, contracts, leases, records, real or personal property, and
250	250	unspent and unobligated appropriations and other funds relating to
251	251	the administration of adult education and literacy programs from
252	252	the Texas Education Agency to the Texas Higher Education
253	253	Coordinating Board; and
254	254	(2) measures to ensure against any unnecessary
255	255	disruption to adult education and literacy services provided at the
256	256	local level.
257	257	SECTION 3.02. This Act takes effect September 1, 2011.