By: Huffman, Hinojosa, Lucio S.B. No. 307
(In the Senate - Filed January 31, 2013; February 5, 2013,
read first time and referred to Committee on Economic Development;
March 25, 2013, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 6, Nays 0; March 25, 2013,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 307 By: Birdwell
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 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 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;
(C) 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
(D) 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. Subsection (g), Section 302.062, 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. Subdivision (8), Subsection (b), Section
7.021, 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. Subdivision (4), Section 29.251, 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) Subdivision (16), Subsection (c), Section 7.102;
(2) Subdivisions (1), (2), and (3), Section 29.251;
(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.
(c) The Texas Workforce Commission shall complete the
initial competitive procurement process required under Section
315.008, Labor Code, as added by this Act, to award contracts to
service providers of adult education programs that are effective
not later than October 1, 2014.
SECTION 3.02. This Act takes effect September 1, 2013.
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