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A BILL TO BE ENTITLED
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AN ACT
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relating to the transfer of adult education and literacy programs |
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from the Texas Education Agency to the Texas Workforce Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. CHANGES TO LABOR CODE |
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SECTION 1.01. Subtitle B, Title 4, Labor Code, is amended by |
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adding Chapter 315 to read as follows: |
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CHAPTER 315. ADULT EDUCATION AND LITERACY PROGRAMS |
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Sec. 315.001. DEFINITIONS. In this chapter: |
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(1) "Adult" means any individual who is over the age of |
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compulsory school attendance prescribed by Section 25.085, |
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Education Code. |
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(2) "Adult education" means services and instruction |
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provided below the college level for adults by public local |
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education agencies, public nonprofit agencies, or community-based |
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organizations. |
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(3) "Community-based organization" has the meaning |
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assigned by 20 U.S.C. Section 7801. |
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Sec. 315.002. COMMISSION DUTIES. (a) The commission |
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shall: |
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(1) provide adequate staffing to develop, administer, |
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and support a comprehensive statewide adult education program and |
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coordinate related federal and state programs for the education and |
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training of adults; |
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(2) develop the mechanism and guidelines for the |
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coordination of comprehensive adult education and related skill |
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training services for adults with other entities, including public |
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agencies and private organizations, in planning, developing, and |
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implementing related programs; |
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(3) administer all state and federal funds for adult |
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education and related skill training services in this state, other |
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than funds that another entity is specifically authorized to |
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administer under other law; |
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(4) prescribe and administer standards and |
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accrediting policies for adult education; |
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(5) prescribe and administer rules for teacher |
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certification for adult education; |
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(6) accept and administer grants, gifts, services, and |
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funds from available sources for use in adult education; |
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(7) adopt or develop and administer a standardized |
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assessment mechanism for assessing all adult education program |
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participants who need literacy instruction, adult basic education, |
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or secondary education leading to an adult high school diploma or |
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the equivalent; and |
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(8) monitor and evaluate educational and employment |
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outcomes of students who participate in the commission's adult |
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education and literacy programs. |
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(b) The assessment mechanism prescribed by Subsection |
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(a)(7) must include an initial basic skills screening instrument |
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and must provide comprehensive information concerning baseline |
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student skills before and student progress after participation in |
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an adult education program. |
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(c) Not later than December 1 of each even-numbered year, |
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the commission shall report to the legislature regarding the |
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educational and employment outcomes of students who participate in |
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the commission's adult education and literacy programs. |
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(d) The commission may adopt rules for the administration of |
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this chapter. |
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Sec. 315.003. PROVISION OF ADULT EDUCATION PROGRAMS. Adult |
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education programs must be provided by public school districts, |
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public junior colleges, public universities, public nonprofit |
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agencies, and community-based organizations approved in accordance |
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with state statutes and rules adopted by the commission. The |
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programs must be designed to meet the education and training needs |
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of adults to the extent possible using available public and private |
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resources. Bilingual education may be used to instruct students |
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who do not function satisfactorily in English whenever it is |
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appropriate for those students' optimum development. |
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Sec. 315.004. ADULT EDUCATION ASSESSMENT. The commission |
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shall, in consultation with the Texas Higher Education Coordinating |
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Board and the Texas Education Agency, review the standardized |
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assessment mechanism required under Section 315.002(a)(7) and |
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recommend any changes necessary to align the assessment with the |
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assessments designated under Section 51.3062 to allow for the |
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proper placement of a student in an adult basic education course or |
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to provide the student with the proper developmental or English as a |
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second language coursework, as appropriate. |
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Sec. 315.005. ADULT EDUCATION AND LITERACY ADVISORY |
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COMMITTEE. (a) In this section, "advisory committee" means the |
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adult education and literacy advisory committee created under this |
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section. |
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(b) The commission shall establish an adult education and |
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literacy advisory committee composed of not more than nine members |
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appointed by the commission. Members of the advisory committee |
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must have expertise in the field of adult education and literacy and |
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may include adult educators, providers, advocates, and current or |
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former adult education and literacy program students. |
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(c) The advisory committee shall: |
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(1) meet at least quarterly; |
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(2) report to the commission at least annually; and |
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(3) advise the commission on: |
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(A) the development of policies and program |
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priorities that support the development of an educated and skilled |
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workforce in this state; |
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(B) the development of statewide curriculum |
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guidelines and standards for adult education and literacy services |
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that ensure a balance of education and workplace skill development; |
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and |
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(C) any other issue the commission considers |
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appropriate. |
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(d) Chapter 2110, Government Code, does not apply to the |
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size, composition, or duration of the advisory committee. |
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Sec. 315.006. STATE FUNDING. (a) Funds shall be |
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appropriated to implement statewide adult basic education, adult |
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bilingual education, high school equivalency, and high school |
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credit programs to eliminate illiteracy in this state and to |
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implement and support a statewide program to meet the total range of |
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adult needs for adult education and related skill training. The |
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commission shall ensure that public local education agencies, |
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public nonprofit agencies, and community-based organizations have |
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direct and equitable access to those funds. |
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(b) In addition to any amount appropriated under Subsection |
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(a), the legislature may appropriate an additional amount to the |
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commission for the purpose of skill training in direct support of |
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industrial expansion and new business development in locations, |
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industries, and occupations designated by the commission, if the |
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training supports the basic purposes of this chapter. To support |
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the basic purposes of this chapter, the legislature may also |
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appropriate an additional amount to the commission for skill |
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training that is conducted to support the expansion of civilian |
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employment opportunities on United States military reservations. |
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Sec. 315.007. SERVICE PROVIDER CONTRACTS: COMPETITIVE |
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PROCUREMENT REQUIREMENT. The commission shall use a competitive |
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procurement process to award a contract to a service provider of an |
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adult education program. |
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SECTION 1.02. Section 302.062(g), Labor Code, is amended to |
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read as follows: |
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(g) Block grant funding under this section does not apply |
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to: |
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(1) the work and family policies program under Chapter |
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81; |
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(2) a program under the skills development fund |
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created under Chapter 303; |
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(3) the job counseling program for displaced |
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homemakers under Chapter 304; |
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(4) the Communities In Schools program under |
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Subchapter E, Chapter 33, Education Code, to the extent that funds |
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are available to the commission for that program; |
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(5) the reintegration of offenders program under |
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Chapter 306; |
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(6) apprenticeship programs under Chapter 133, |
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Education Code; |
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(7) the continuity of care program under Section |
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501.095, Government Code; |
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(8) employment programs under Chapter 31, Human |
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Resources Code; |
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(9) the senior citizens employment program under |
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Chapter 101, Human Resources Code; |
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(10) the programs described by Section 302.021(b)(2); |
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(11) the community service program under the National |
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and Community Service Act of 1990 (42 U.S.C. Section 12501 et seq.); |
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(12) the trade adjustment assistance program under |
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Part 2, Subchapter II, Trade Act of 1974 (19 U.S.C. Section 2271 et |
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seq.); |
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(13) the programs to enhance the employment |
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opportunities of veterans; [and] |
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(14) the functions of the State Occupational |
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Information Coordinating Committee; and |
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(15) the adult education and literacy program under |
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Chapter 315. |
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ARTICLE 2. TEXAS EDUCATION AGENCY RESPONSIBILITY FOR COMMUNITY |
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EDUCATION PROGRAMS; CONFORMING CHANGES TO EDUCATION CODE |
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SECTION 2.01. Section 7.021(b)(8), Education Code, is |
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amended to read as follows: |
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(8) The agency shall carry out powers and duties |
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relating to [adult and] community education as required under |
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Subchapter H, Chapter 29. |
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SECTION 2.02. The heading to Subchapter H, Chapter 29, |
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Education Code, is amended to read as follows: |
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SUBCHAPTER H. [ADULT AND] COMMUNITY |
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EDUCATION PROGRAMS |
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SECTION 2.03. Section 29.251(4), Education Code, is amended |
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to read as follows: |
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(4) "Community education" means the process by which |
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the citizens in a school district, using the resources and |
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facilities of the district, organize to support each other and to |
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solve their mutual educational problems and meet their mutual |
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lifelong needs. Community education may include: |
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(A) educational programs, including programs |
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relating to [for occupational and technological skills training,
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retraining of displaced workers,] cultural awareness, parenting |
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skills education and parental involvement in school programs, and |
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multilevel adult education and personal growth; |
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(B) community involvement programs, including |
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programs for community economic development, school volunteers, |
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partnerships between schools and businesses, coordination with |
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community agencies, school-age child care, family [and workplace] |
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literacy, and community use of facilities; and |
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(C) programs for youth enrolled in schools, |
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including programs for dropout prevention and recovery programs, |
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drug-free school programs, school-age parenting programs, and |
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academic enhancement. |
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SECTION 2.04. Section 29.252, Education Code, is amended to |
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read as follows: |
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Sec. 29.252. AGENCY [STATE] ROLE IN [ADULT AND] COMMUNITY |
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EDUCATION. (a) The agency shall: |
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(1) [provide adequate staffing to develop,
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administer, and support a comprehensive statewide adult education
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program and coordinate related federal and state programs for
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education and training of adults;
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[(2)] develop, implement, and regulate a comprehensive |
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statewide program for community [level] education services [to meet
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the special needs of adults]; |
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(2) [(3) develop the mechanism and guidelines for
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coordination of comprehensive adult education and related skill
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training services for adults with other agencies, both public and
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private, in planning, developing, and implementing related
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programs, including community education programs;
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[(4)] administer all state and federal funds for |
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community [adult] education [and related skill training] in this |
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state, other than funds that [except in programs for which] another |
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entity is specifically authorized to administer [do so] under other |
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law; and |
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(3) [(5) prescribe and administer standards and
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accrediting policies for adult education;
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[(6)
prescribe and administer rules for teacher
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certification for adult education;
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[(7)] accept and administer grants, gifts, services, |
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and funds from available sources for use in community [adult] |
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education[;
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[(8)
adopt or develop and administer a standardized
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assessment mechanism for assessing all adult education program
|
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participants who need literacy instruction, adult basic education,
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or secondary education leading to an adult high school diploma or
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the equivalent;
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[(9)
collaborate with the Texas Workforce Commission
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to improve the coordination and implementation of adult education
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and literacy services in this state; and
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[(10)
monitor and evaluate educational and employment
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outcomes of students who participate in the agency's adult
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education and literacy programs]. |
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(b) The agency may adopt rules for the administration of |
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this subchapter [assessment mechanism prescribed under Subsection
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(a)(8) must include an initial basic skills screening instrument
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and must provide comprehensive information concerning baseline
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student skills before and student progress after participation in
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an adult education program]. |
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SECTION 2.05. Section 29.255, Education Code, is amended to |
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read as follows: |
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Sec. 29.255. STATE FUNDING. [(a)] Funds shall be |
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appropriated to implement statewide community [adult basic] |
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education [, adult bilingual education, high school equivalency,
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and high school credit] programs, including [to eliminate
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illiteracy in this state and to implement and support a statewide
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program to meet the total range of adult needs for adult education,
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related skill training, and] pilot programs to demonstrate the |
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effectiveness of the community education concept. The agency shall |
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ensure that public local education agencies, public nonprofit |
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agencies, and community-based organizations have direct and |
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equitable access to those funds. [An additional sum of money may be
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appropriated to the Texas Department of Commerce for the purpose of
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skill training in direct support of industrial expansion and
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start-up, and those locations, industries, and occupations
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designated by the Texas Department of Commerce, when such training
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is also in support of the basic purposes of this subchapter. To
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fulfill the basic purposes of this subchapter, an additional sum of
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money may be appropriated for skill training that is conducted to
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support the expansion of civilian employment opportunities on
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United States military reservations.
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[(b)
The agency, in conjunction with the Texas Department of
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Commerce, may adopt rules to administer skill training programs for
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which the agency is responsible, and the Texas Department of
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Commerce may adopt rules to administer skill training programs for
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which it is responsible.] |
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SECTION 2.06. The following provisions of the Education |
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Code are repealed: |
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(1) Section 7.102(c)(16); |
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(2) Sections 29.251(1),(2), and (3); |
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(3) Section 29.253; |
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(4) Section 29.2531; |
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(5) Section 29.2535; and |
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(6) Section 29.254. |
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ARTICLE 3. TRANSITION PROVISIONS; EFFECTIVE DATE |
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SECTION 3.01. (a) On January 1, 2014: |
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(1) the administration of adult education and literacy |
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programs shall be transferred from the Texas Education Agency to |
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the Texas Workforce Commission; |
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(2) all rules, policies, procedures, and decisions of |
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the Texas Education Agency relating to the administration of adult |
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education and literacy programs are continued in effect as rules, |
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policies, procedures, and decisions of the Texas Workforce |
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Commission until superseded by a rule or other appropriate action |
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by the Texas Workforce Commission; and |
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(3) a reference in law or administrative rule to the |
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Texas Education Agency relating to the administration of adult |
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education and literacy programs means the Texas Workforce |
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Commission. |
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(b) Not later than October 1, 2013, the Texas Education |
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Agency and the Texas Workforce Commission shall enter into a |
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memorandum of understanding relating to the transfer of the |
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administration of adult education and literacy programs from the |
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Texas Education Agency to the Texas Workforce Commission as |
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provided by this Act. The memorandum must include: |
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(1) a timetable and specific steps and methods for the |
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transfer on January 1, 2014, of all powers, duties, obligations, |
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rights, contracts, leases, records, real or personal property, and |
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unspent and unobligated appropriations and other funds relating to |
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the administration of adult education and literacy programs from |
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the Texas Education Agency to the Texas Workforce Commission; and |
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(2) measures to ensure against any unnecessary |
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disruption to adult education and literacy services provided at the |
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local level. |
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SECTION 3.02. This Act takes effect September 1, 2013. |