Bill Text: TX HB3461 | 2011-2012 | 82nd Legislature | Engrossed

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Bill Title: Relating to transferring adult education and literacy programs to the Texas Higher Education Coordinating Board from the Texas Education Agency.

Sponsorship: Bipartisan Bill

Status: (Engrossed - Dead) 2011-05-20 - Left pending in committee [HB3461 Detail]

Download: Texas-2011-HB3461-Engrossed.html

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By: Margo H.B. No. 3461

A BILL TO BE ENTITLED
AN ACT
relating to transferring adult education and literacy programs to
the Texas Higher Education Coordinating Board from the Texas
Education Agency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. HIGHER EDUCATION COORDINATING BOARD RESPONSIBILITY FOR
ADULT EDUCATION AND LITERACY PROGRAMS
SECTION 1.01. Chapter 61, Education Code, is amended by
adding Subchapter HH to read as follows:
SUBCHAPTER HH. ADULT EDUCATION AND LITERACY PROGRAMS
Sec. 61.9791. DEFINITIONS. In this subchapter:
(1) "Adult" means any individual who is over the age of
compulsory school attendance prescribed by Section 25.085.
(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. 61.9792. BOARD DUTIES. (a) The board 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 organizations, 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 board'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.
Sec. 61.9793. PROVISION OF ADULT EDUCATION PROGRAMS. Adult
education programs must be provided by public school districts,
public junior colleges, public technical institutes, public state
colleges, general academic teaching institutions, public nonprofit
agencies, and community-based organizations approved in accordance
with state law and with rules adopted by the board. 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. 61.9794. ADULT EDUCATION AND LITERACY ADVISORY
COMMITTEE. (a) The board shall establish an adult education and
literacy advisory committee composed of not more than nine members
appointed by the board. Members of the advisory committee must have
expertise in the field of adult education and literacy. The
advisory committee must include three representatives from public
junior or community colleges and may include adult educators,
providers, advocates, and current or former adult education and
literacy program students.
(b) The advisory committee shall:
(1) meet at least quarterly;
(2) report to the board at least annually; and
(3) advise the board 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 board considers
appropriate.
(c) Chapter 2110, Government Code, does not apply to the
size, composition, or duration of the advisory committee.
Sec. 61.9795. 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
board 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
board for the purpose of skill training in direct support of
industrial expansion and new business development, and to those
locations, industries, and occupations designated by the board, if
the training supports the basic purposes of this subchapter. To
support the basic purposes of this subchapter, the legislature may
also appropriate an additional amount to the board for skill
training that is conducted to support the expansion of civilian
employment opportunities on United States military reservations.
(c) Notwithstanding any other provision of this subchapter,
the Texas Higher Education Coordinating Board shall allocate state
and federal adult education program funds, other than federal funds
set aside for state administration, special projects, and staff
development, to each county based on need, performance, and
efficiency.
Sec. 61.97951. SERVICE PROVIDER CONTRACTS: COMPETITIVE
PROCUREMENT REQUIREMENT. (a) The Texas Higher Education
Coordinating Board shall use a competitive procurement process to
award a contract to a service provider of an adult education
program.
(b) The board shall adopt rules to administer this section.
Sec. 61.9796. BIENNIAL REPORT TO THE LEGISLATURE. Not
later than December 1 of each even-numbered year, the board shall
report to the legislature regarding the educational and employment
outcomes of students who participate in the adult education and
literacy programs under this subchapter.
Sec. 61.9797. RULES. The board may adopt rules as necessary
to administer this subchapter.
ARTICLE 2. TEXAS EDUCATION AGENCY RESPONSIBILITY FOR COMMUNITY
EDUCATION PROGRAMS; CONFORMING CHANGES
SECTION 2.01. The heading to Subchapter H, Chapter 29,
Education Code, is amended to read as follows:
SUBCHAPTER H. [ADULT AND] COMMUNITY EDUCATION PROGRAMS
SECTION 2.02. 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 2.03. 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 2.04. 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 2.05. The following provisions of the Education
Code are repealed:
(1) Section 7.102(16);
(2) Sections 29.251(1), (2), and (3);
(3) Section 29.253; and
(4) Section 29.254.
ARTICLE 3. TRANSITION PROVISIONS; EFFECTIVE DATE
SECTION 3.01. (a) On January 1, 2012:
(1) the administration of adult education and literacy
programs shall be transferred from the Texas Education Agency to
the Texas Higher Education Coordinating Board;
(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 Higher Education
Coordinating Board until superseded by a rule or other appropriate
action by the Texas Higher Education Coordinating Board; 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 Higher Education
Coordinating Board.
(b) Not later than October 1, 2011, the Texas Education
Agency and the Texas Higher Education Coordinating Board 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 Higher Education
Coordinating Board as provided by this Act. The memorandum must
include:
(1) a timetable and specific steps and methods for the
transfer on January 1, 2012, 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 Higher Education
Coordinating Board; and
(2) measures to ensure against any unnecessary
disruption to adult education and literacy services provided at the
local level.
SECTION 3.02. (a) The change in law made by Section
61.97951(a), Education Code, as added by this Act, applies only to a
contract entered into on or after September 1, 2012.
(b) Not later than August 31, 2012, the Texas Higher
Education Coordinating Board shall adopt rules to provide for a
competitive procurement process to award contracts to service
providers of adult education programs as provided by Section
61.97951, Education Code, as added by this Act.
SECTION 3.03. (a) Except as provided by Subsection (b) of
this section, this Act takes effect September 1, 2011.
(b) Sections 61.9795(c) and 61.97951(a), Education Code, as
added by this Act, take effect September 1, 2012.