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Texas Senate Bill SB1763

Texas 2011 - 82nd Regular

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11 By: Rodriguez S.B. No. 1763
22 (In the Senate - Filed March 11, 2011; March 23, 2011, read
33 first time and referred to Committee on Higher Education;
44 May 5, 2011, reported adversely, with favorable Committee
55 Substitute by the following vote: Yeas 6, Nays 0; May 5, 2011, sent
66 to printer.)
77 COMMITTEE SUBSTITUTE FOR S.B. No. 1763 By: Wentworth
88
99
1010 A BILL TO BE ENTITLED
1111 AN ACT
1212 relating to transferring adult education and literacy programs to
1313 the Texas Higher Education Coordinating Board from the Texas
1414 Education Agency.
1515 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1616 ARTICLE 1. HIGHER EDUCATION COORDINATING BOARD RESPONSIBILITY FOR
1717 ADULT EDUCATION AND LITERACY PROGRAMS
1818 SECTION 1.01. Chapter 61, Education Code, is amended by
1919 adding Subchapter HH to read as follows:
2020 SUBCHAPTER HH. ADULT EDUCATION AND LITERACY PROGRAMS
2121 Sec. 61.9791. DEFINITIONS. In this subchapter:
2222 (1) "Adult" means any individual who is over the age of
2323 compulsory school attendance prescribed by Section 25.085.
2424 (2) "Adult education" means services and instruction
2525 provided below the college level for adults by public local
2626 education agencies, public nonprofit agencies, or community-based
2727 organizations.
2828 (3) "Community-based organization" has the meaning
2929 assigned by 20 U.S.C. Section 7801.
3030 Sec. 61.9792. BOARD DUTIES. (a) The board shall:
3131 (1) provide adequate staffing to develop, administer,
3232 and support a comprehensive statewide adult education program and
3333 coordinate related federal and state programs for the education and
3434 training of adults;
3535 (2) develop the mechanism and guidelines for the
3636 coordination of comprehensive adult education and related skill
3737 training services for adults with other organizations, including
3838 public agencies and private organizations, in planning,
3939 developing, and implementing related programs;
4040 (3) administer all state and federal funds for adult
4141 education and related skill training services in this state, other
4242 than funds that another entity is specifically authorized to
4343 administer under other law;
4444 (4) prescribe and administer standards and
4545 accrediting policies for adult education;
4646 (5) prescribe and administer rules for teacher
4747 certification for adult education;
4848 (6) accept and administer grants, gifts, services, and
4949 funds from available sources for use in adult education;
5050 (7) adopt or develop and administer a standardized
5151 assessment mechanism for assessing all adult education program
5252 participants who need literacy instruction, adult basic education,
5353 or secondary education leading to an adult high school diploma or
5454 the equivalent; and
5555 (8) monitor and evaluate educational and employment
5656 outcomes of students who participate in the board's adult education
5757 and literacy programs.
5858 (b) The assessment mechanism prescribed by Subsection
5959 (a)(7) must include an initial basic skills screening instrument
6060 and must provide comprehensive information concerning baseline
6161 student skills before and student progress after participation in
6262 an adult education program.
6363 Sec. 61.9793. PROVISION OF ADULT EDUCATION PROGRAMS. Adult
6464 education programs must be provided by public school districts,
6565 public junior colleges, public technical institutes, public state
6666 colleges, general academic teaching institutions, public nonprofit
6767 agencies, and community-based organizations approved in accordance
6868 with state law and with rules adopted by the board. The programs
6969 must be designed to meet the education and training needs of adults
7070 to the extent possible using available public and private
7171 resources. Bilingual education may be used to instruct students
7272 who do not function satisfactorily in English whenever it is
7373 appropriate for those students' optimum development.
7474 Sec. 61.9794. ADULT EDUCATION AND LITERACY ADVISORY
7575 COMMITTEE. (a) The board shall establish an adult education and
7676 literacy advisory committee composed of not more than nine members
7777 appointed by the board. Members of the advisory committee must have
7878 expertise in the field of adult education and literacy. The
7979 advisory committee must include three representatives from public
8080 junior or community colleges and may include adult educators,
8181 providers, advocates, and current or former adult education and
8282 literacy program students.
8383 (b) The advisory committee shall:
8484 (1) meet at least quarterly;
8585 (2) report to the board at least annually; and
8686 (3) advise the board on:
8787 (A) the development of policies and program
8888 priorities that support the development of an educated and skilled
8989 workforce in this state;
9090 (B) the development of statewide curriculum
9191 guidelines and standards for adult education and literacy services
9292 that ensure a balance of education and workplace skill development;
9393 and
9494 (C) any other issue the board considers
9595 appropriate.
9696 (c) Chapter 2110, Government Code, does not apply to the
9797 size, composition, or duration of the advisory committee.
9898 Sec. 61.9795. STATE FUNDING. (a) Funds shall be
9999 appropriated to implement statewide adult basic education, adult
100100 bilingual education, high school equivalency, and high school
101101 credit programs to eliminate illiteracy in this state and to
102102 implement and support a statewide program to meet the total range of
103103 adult needs for adult education and related skill training. The
104104 board shall ensure that public local education agencies, public
105105 nonprofit agencies, and community-based organizations have direct
106106 and equitable access to those funds.
107107 (b) In addition to any amount appropriated under Subsection
108108 (a), the legislature may appropriate an additional amount to the
109109 board for the purpose of skill training in direct support of
110110 industrial expansion and new business development, and to those
111111 locations, industries, and occupations designated by the board, if
112112 the training supports the basic purposes of this subchapter. To
113113 support the basic purposes of this subchapter, the legislature may
114114 also appropriate an additional amount to the board for skill
115115 training that is conducted to support the expansion of civilian
116116 employment opportunities on United States military reservations.
117117 Sec. 61.9796. BIENNIAL REPORT TO THE LEGISLATURE. Not
118118 later than December 1 of each even-numbered year, the board shall
119119 report to the legislature regarding the educational and employment
120120 outcomes of students who participate in the adult education and
121121 literacy programs under this subchapter.
122122 Sec. 61.9797. RULES. The board may adopt rules as necessary
123123 to administer this subchapter.
124124 ARTICLE 2. TEXAS EDUCATION AGENCY RESPONSIBILITY FOR COMMUNITY
125125 EDUCATION PROGRAMS; CONFORMING CHANGES
126126 SECTION 2.01. The heading to Subchapter H, Chapter 29,
127127 Education Code, is amended to read as follows:
128128 SUBCHAPTER H. [ADULT AND] COMMUNITY EDUCATION PROGRAMS
129129 SECTION 2.02. Subdivision (4), Section 29.251, Education
130130 Code, is amended to read as follows:
131131 (4) "Community education" means the process by which
132132 the citizens in a school district, using the resources and
133133 facilities of the district, organize to support each other and to
134134 solve their mutual educational problems and meet their mutual
135135 lifelong needs. Community education may include:
136136 (A) educational programs, including programs
137137 relating to [for occupational and technological skills training,
138138 retraining of displaced workers,] cultural awareness, parenting
139139 skills education and parental involvement in school programs, and
140140 multilevel [adult education and] personal growth;
141141 (B) community involvement programs, including
142142 programs for community economic development, school volunteers,
143143 partnerships between schools and businesses, coordination with
144144 community agencies, school-age child care, family [and workplace]
145145 literacy, and community use of facilities; and
146146 (C) programs for youth enrolled in schools,
147147 including programs for dropout prevention and recovery programs,
148148 drug-free school programs, school-age parenting programs, and
149149 academic enhancement.
150150 SECTION 2.03. Section 29.252, Education Code, is amended to
151151 read as follows:
152152 Sec. 29.252. AGENCY [STATE] ROLE IN [ADULT AND] COMMUNITY
153153 EDUCATION. (a) The agency shall:
154154 (1) [provide adequate staffing to develop,
155155 administer, and support a comprehensive statewide adult education
156156 program and coordinate related federal and state programs for
157157 education and training of adults;
158158 [(2)] develop, implement, and regulate a
159159 comprehensive statewide program for community [level] education
160160 services [to meet the special needs of adults];
161161 (2) [(3) develop the mechanism and guidelines for
162162 coordination of comprehensive adult education and related skill
163163 training services for adults with other agencies, both public and
164164 private, in planning, developing, and implementing related
165165 programs, including community education programs;
166166 [(4)] administer all state and federal funds for
167167 community [adult] education [and related skill training] in this
168168 state, other than funds that [except in programs for which] another
169169 entity is specifically authorized to administer [do so] under other
170170 law; and
171171 (3) [(5) prescribe and administer standards and
172172 accrediting policies for adult education;
173173 [(6) prescribe and administer rules for teacher
174174 certification for adult education;
175175 [(7)] accept and administer grants, gifts, services,
176176 and funds from available sources for use in community [adult]
177177 education[;
178178 [(8) adopt or develop and administer a standardized
179179 assessment mechanism for assessing all adult education program
180180 participants who need literacy instruction, adult basic education,
181181 or secondary education leading to an adult high school diploma or
182182 the equivalent;
183183 [(9) collaborate with the Texas Workforce Commission
184184 to improve the coordination and implementation of adult education
185185 and literacy services in this state; and
186186 [(10) monitor and evaluate educational and employment
187187 outcomes of students who participate in the agency's adult
188188 education and literacy programs].
189189 (b) The agency may adopt rules for the administration of
190190 this subchapter [assessment mechanism prescribed under Subsection
191191 (a)(8) must include an initial basic skills screening instrument
192192 and must provide comprehensive information concerning baseline
193193 student skills before and student progress after participation in
194194 an adult education program].
195195 SECTION 2.04. Section 29.255, Education Code, is amended to
196196 read as follows:
197197 Sec. 29.255. STATE FUNDING. [(a)] Funds shall be
198198 appropriated to implement statewide community [adult basic]
199199 education[, adult bilingual education, high school equivalency,
200200 and high school credit] programs, including [to eliminate
201201 illiteracy in this state and to implement and support a statewide
202202 program to meet the total range of adult needs for adult education,
203203 related skill training, and] pilot programs to demonstrate the
204204 effectiveness of the community education concept. The agency shall
205205 ensure that public local education agencies, public nonprofit
206206 agencies, and community-based organizations have direct and
207207 equitable access to those funds. [An additional sum of money may be
208208 appropriated to the Texas Department of Commerce for the purpose of
209209 skill training in direct support of industrial expansion and
210210 start-up, and those locations, industries, and occupations
211211 designated by the Texas Department of Commerce, when such training
212212 is also in support of the basic purposes of this subchapter. To
213213 fulfill the basic purposes of this subchapter, an additional sum of
214214 money may be appropriated for skill training that is conducted to
215215 support the expansion of civilian employment opportunities on
216216 United States military reservations.
217217 [(b) The agency, in conjunction with the Texas Department of
218218 Commerce, may adopt rules to administer skill training programs for
219219 which the agency is responsible, and the Texas Department of
220220 Commerce may adopt rules to administer skill training programs for
221221 which it is responsible.]
222222 SECTION 2.05. The following provisions of the Education
223223 Code are repealed:
224224 (1) Subdivision (16), Subsection (c), Section 7.102;
225225 (2) Subsections (1), (2), and (3), Section 29.251;
226226 (3) Section 29.253; and
227227 (4) Section 29.254.
228228 ARTICLE 3. TRANSITION PROVISIONS; EFFECTIVE DATE
229229 SECTION 3.01. (a) On January 1, 2012:
230230 (1) the administration of adult education and literacy
231231 programs shall be transferred from the Texas Education Agency to
232232 the Texas Higher Education Coordinating Board;
233233 (2) all rules, policies, procedures, and decisions of
234234 the Texas Education Agency relating to the administration of adult
235235 education and literacy programs are continued in effect as rules,
236236 policies, procedures, and decisions of the Texas Higher Education
237237 Coordinating Board until superseded by a rule or other appropriate
238238 action by the Texas Higher Education Coordinating Board; and
239239 (3) a reference in law or administrative rule to the
240240 Texas Education Agency relating to the administration of adult
241241 education and literacy programs means the Texas Higher Education
242242 Coordinating Board.
243243 (b) Not later than October 1, 2011, the Texas Education
244244 Agency and the Texas Higher Education Coordinating Board shall
245245 enter into a memorandum of understanding relating to the transfer
246246 of the administration of adult education and literacy programs from
247247 the Texas Education Agency to the Texas Higher Education
248248 Coordinating Board as provided by this Act. The memorandum must
249249 include:
250250 (1) a timetable and specific steps and methods for the
251251 transfer on January 1, 2012, of all powers, duties, obligations,
252252 rights, contracts, leases, records, real or personal property, and
253253 unspent and unobligated appropriations and other funds relating to
254254 the administration of adult education and literacy programs from
255255 the Texas Education Agency to the Texas Higher Education
256256 Coordinating Board; and
257257 (2) measures to ensure against any unnecessary
258258 disruption to adult education and literacy services provided at the
259259 local level.
260260 SECTION 3.02. This Act takes effect September 1, 2011.
261261 * * * * *