Bill Text: TX HB362 | 2013-2014 | 83rd Legislature | Comm Sub
Bill Title: Relating to the transfer of adult education and literacy programs from the Texas Education Agency to the Texas Workforce Commission.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-04-19 - Laid on the table subject to call [HB362 Detail]
Download: Texas-2013-HB362-Comm_Sub.html
83R15304 KSD-D | |||
By: Guillen, J. Davis of Harris, Sheets, | H.B. No. 362 | ||
Marquez, Munoz, Jr. | |||
Substitute the following for H.B. No. 362: | |||
By: Vo | C.S.H.B. No. 362 |
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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, including by hiring a | ||
director, 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: | ||
(i) policies and program priorities that | ||
support the development of an educated and skilled workforce in | ||
this state; | ||
(ii) statewide curriculum guidelines and | ||
standards for adult education and literacy services that ensure a | ||
balance of education and workplace skill development; | ||
(iii) a statewide strategy for improving | ||
student transitions to postsecondary education and career and | ||
technical education training; and | ||
(iv) a centralized system for collecting | ||
and tracking comprehensive data on adult basic education and | ||
literacy program performance outcomes; | ||
(B) 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 | ||
(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 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, [ |
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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, [ |
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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. 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; [ |
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(14) the functions of the State Occupational | ||
Information Coordinating Committee; and | ||
(15) the adult education and literacy programs 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 [ |
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Subchapter H, Chapter 29. | ||
SECTION 2.02. The heading to Subchapter H, Chapter 29, | ||
Education Code, is amended to read as follows: | ||
SUBCHAPTER H. [ |
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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 [ |
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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 [ |
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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 [ |
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EDUCATION. (a) The agency shall: | ||
(1) [ |
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statewide program for community [ |
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(2) [ |
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community [ |
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state, other than funds that [ |
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entity is specifically authorized to administer [ |
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law; and | ||
(3) [ |
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and funds from available sources for use in community [ |
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education[ |
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(b) The agency may adopt rules for the administration of | ||
this subchapter [ |
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SECTION 2.05. Section 29.255, Education Code, is amended to | ||
read as follows: | ||
Sec. 29.255. STATE FUNDING. [ |
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appropriated to implement statewide community [ |
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education [ |
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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. [ |
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SECTION 2.06. (a) 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. | ||
(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. | ||
SECTION 3.02. This Act takes effect September 1, 2013. |