83R8763 PAM-F
By: Duncan, Watson S.B. No. 1141
A BILL TO BE ENTITLED
AN ACT
relating to an adult high school diploma and industry certification
pilot program for adults 19 to 50 years of age.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 29.251(1), Education Code, is amended to
read as follows:
(1) "Adult education" means services and instruction
provided below the college level for adults by public local
education agencies, public nonprofit agencies, nonprofit entities
providing services and instruction as described by Section 29.258,
or community-based organizations.
SECTION 2. Section 29.252, Education Code, is amended to
read as follows:
Sec. 29.252. 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;
(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 adult
education and related skill training in this state, except in
programs for which another entity is specifically authorized to do
so under other law;
(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 adult education;
(8) adopt or develop and administer:
(A) 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
(B) a standardized secondary exit-level
assessment instrument appropriate for assessing adult education
program participants who successfully complete high school
curriculum requirements under a program provided under Section
29.258;
(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 assessment mechanism prescribed under Subsection
(a)(8)(A) [(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 3. Section 29.253, Education Code, is amended to
read as follows:
Sec. 29.253. PROVISION OF ADULT EDUCATION PROGRAMS. Adult
education programs shall be provided by public school districts,
public junior colleges, public universities, public nonprofit
agencies, and community-based organizations approved in accordance
with state statutes and rules adopted by the State Board of
Education. A nonprofit entity described by Section 29.258 may also
provide an adult education program as provided by that section. The
programs must be designed to meet the education and training needs
of adults to the extent possible within available public and
private resources. Bilingual education may be the method of
instruction for students who do not function satisfactorily in
English whenever it is appropriate for their optimum development.
SECTION 4. Section 29.2531, Education Code, is amended to
read as follows:
Sec. 29.2531. ADULT EDUCATION ASSESSMENT. (a) The agency
[Texas Education Agency] shall, in consultation with the Texas
Higher Education Coordinating Board, review the standardized
assessment mechanism required under Section 29.252(a)(8)(A)
[29.252(a)(8)] and recommend any changes necessary to align the
assessment with the assessments designated under Section 51.3062 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.
(b) The commissioner shall determine the level of
performance considered to be satisfactory on a secondary exit-level
assessment instrument described by Section 29.252(a)(8)(B) for
receipt of a high school diploma by an adult education program
participant in a program provided under Section 29.258.
SECTION 5. Section 29.255, Education Code, is amended to
read as follows:
Sec. 29.255. 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, 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, nonprofit entities providing programs
under Section 29.258, and community-based organizations have
direct and equitable access to those funds. An additional sum of
money may be appropriated to the Texas Economic Development and
Tourism Office [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 Economic Development and Tourism Office [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 Economic
Development and Tourism Office [Department of Commerce], may adopt
rules to administer skill training programs for which the agency is
responsible, and the Texas Economic Development and Tourism Office
[Department of Commerce] may adopt rules to administer skill
training programs for which it is responsible.
SECTION 6. Subchapter H, Chapter 29, Education Code, is
amended by adding Section 29.258 to read as follows:
Sec. 29.258. ADULT HIGH SCHOOL DIPLOMA AND INDUSTRY
CERTIFICATION PILOT PROGRAM. (a) The commissioner shall establish
an adult high school diploma and industry certification pilot
program as provided by this section to enhance economic
opportunities for eligible adults 19 to 50 years of age.
(b) Notwithstanding Section 29.2535, the commissioner may
designate a single nonprofit entity described by Subsection (c) to
provide an adult education program for individuals described by
Subsection (g) to successfully complete:
(1) high school curriculum requirements to receive a
high school diploma; and
(2) career and technology education courses that can
lead to industry certification.
(c) An adult high school diploma and industry certification
program may be provided by a nonprofit entity under this section
that:
(1) has a successful history of providing education
services, including industry certifications and job placement
services, to adults 18 years of age and older whose educational and
training opportunities have been limited by educational
disadvantages, disabilities, homelessness, criminal history, or
similar circumstances;
(2) develops an adult education program specifically
designed for individuals described by Subsection (g);
(3) agrees to commit at least $1 million to the adult
education program offered; and
(4) applies as provided by Subsection (e).
(d) The commissioner by rule shall establish minimum
standards for an adult education program under this section. The
program must:
(1) provide a dropout recovery curriculum that:
(A) offers courses to complete high school
curriculum requirements; and
(B) includes career and technology education
courses that can lead to industry certification; and
(2) offer a high school diploma to a participant who:
(A) completes all high school curriculum
requirements in compliance with Section 28.025; and
(B) performs satisfactorily on a secondary
exit-level assessment instrument described by Section
29.252(a)(8)(B).
(e) To be designated to provide an adult education program
under this section, a nonprofit entity described by Subsection (c)
must submit an application to the commissioner in the time and
manner prescribed by commissioner rule that describes:
(1) the adult education program to be offered,
including the required curriculum as provided by Section 28.002;
(2) the governing structure for providing the adult
education program to be offered;
(3) the process through which the nonprofit entity
will adopt an annual budget for providing the adult education
program to be offered; and
(4) the facilities to be used for the adult education
program to be offered.
(f) A nonprofit entity designated to provide an adult
education program under this section:
(1) may partner with a public junior college to
provide career and technology education courses that can lead to
industry certification; and
(2) must enter into a memorandum of understanding with
one or more school districts or open-enrollment charter schools
that will award high school diplomas to adult education program
participants who successfully complete curriculum requirements for
high school graduation.
(g) A person who is at least 19 years of age and not more
than 50 years of age is eligible to enroll in the adult education
program under this section if the person has not earned a high
school equivalency certificate and:
(1) has failed to complete the curriculum requirements
for high school graduation; or
(2) has failed to perform satisfactorily on an
assessment instrument required for high school graduation.
(h) The commissioner shall adopt rules as necessary to
authorize school districts and open-enrollment charter schools to
issue diplomas to eligible participants under this section. A
participant issued a diploma from a school district or
open-enrollment charter school under this section is not considered
a student enrolled in the district or school for accountability
purposes under Chapter 39.
(i) Funding for an adult education program under this
section is provided as follows:
(1) for participants who are 26 years of age and older,
an amount per participant from available funds appropriated for
adult basic education equal to the statewide average amount of
state funding per student in weighted average daily attendance that
would be allocated under the Foundation School Program for the
student's attendance at schools in the school district in which the
participant resides were the student under 26 years of age; and
(2) for participants who are at least 19 years of age
and under 26 years of age, an amount per participant through the
Foundation School Program equal to the amount of state funds per
student in weighted average daily attendance that would be
allocated under the Foundation School Program for the student's
attendance at schools in the school district in which the
participant resides.
(j) Not later than December 1 of each even-numbered year,
beginning December 1, 2016, the agency shall prepare and deliver to
the governor, lieutenant governor, speaker of the house of
representatives, and presiding officer of each standing
legislative committee with primary jurisdiction over public
education a report that:
(1) evaluates any adult education program operated
under this section; and
(2) makes recommendations regarding the abolition,
continuation, or expansion of the pilot program.
(k) The commissioner shall adopt rules necessary to
administer the pilot program under this section.
SECTION 7. Section 42.003(a), Education Code, is amended to
read as follows:
(a) A student is entitled to the benefits of the Foundation
School Program if, on September 1 of the school year, the student:
(1) is 5 years of age or older and under 21 years of age
and has not graduated from high school, or is at least 21 years of
age and under 26 years of age and has been admitted by a school
district to complete the requirements for a high school diploma; or
(2) is at least 19 years of age and under 26 years of
age and is enrolled in an adult high school diploma and industry
certification program under Section 29.258.
SECTION 8. This Act takes effect September 1, 2013.