83R2366 KJM-D
By: Huffman S.B. No. 307
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 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. 315.002. COMMISSION DUTIES. (a) The commission
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 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, public universities, public 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 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, and current or
former adult education and literacy program students.
(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 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 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 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
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. 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 302.062(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 program 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. 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.
ARTICLE 3. TRANSITION PROVISIONS; EFFECTIVE DATE
SECTION 3.01. (a) On 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 October 1, 2013, the Texas Education
Agency and the Texas Workforce Commission 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 Workforce Commission as
provided by this Act. The memorandum must include:
(1) a timetable and specific steps and methods for the
transfer on January 1, 2014, 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; 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.