83R8763 PAM-F
 
  By: Duncan, Watson S.B. No. 1141
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to an adult high school diploma and industry certification
  pilot program for adults 19 to 50 years of age.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 29.251(1), Education Code, is amended to
  read as follows:
               (1)  "Adult education" means services and instruction
  provided below the college level for adults by public local
  education agencies, public nonprofit agencies, nonprofit entities
  providing services and instruction as described by Section 29.258,
  or community-based organizations.
         SECTION 2.  Section 29.252, Education Code, is amended to
  read as follows:
         Sec. 29.252.  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;
               (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 adult
  education and related skill training in this state, except in
  programs for which another entity is specifically authorized to do
  so under other law;
               (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 adult education;
               (8)  adopt or develop and administer:
                     (A)  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
                     (B)  a standardized secondary exit-level
  assessment instrument appropriate for assessing adult education
  program participants who successfully complete high school
  curriculum requirements under a program provided under Section
  29.258;
               (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 assessment mechanism prescribed under Subsection
  (a)(8)(A) [(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 3.  Section 29.253, Education Code, is amended to
  read as follows:
         Sec. 29.253.  PROVISION OF ADULT EDUCATION PROGRAMS. Adult
  education programs shall 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 State Board of
  Education. A nonprofit entity described by Section 29.258 may also
  provide an adult education program as provided by that section. The
  programs must be designed to meet the education and training needs
  of adults to the extent possible within available public and
  private resources. Bilingual education may be the method of
  instruction for students who do not function satisfactorily in
  English whenever it is appropriate for their optimum development.
         SECTION 4.  Section 29.2531, Education Code, is amended to
  read as follows:
         Sec. 29.2531.  ADULT EDUCATION ASSESSMENT. (a)  The agency 
  [Texas Education Agency] shall, in consultation with the Texas
  Higher Education Coordinating Board, review the standardized
  assessment mechanism required under Section 29.252(a)(8)(A)
  [29.252(a)(8)] 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.
         (b)  The commissioner shall determine the level of
  performance considered to be satisfactory on a secondary exit-level
  assessment instrument described by Section 29.252(a)(8)(B) for
  receipt of a high school diploma by an adult education program
  participant in a program provided under Section 29.258.
         SECTION 5.  Section 29.255, Education Code, is amended to
  read as follows:
         Sec. 29.255.  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, 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, nonprofit entities providing programs
  under Section 29.258, and community-based organizations have
  direct and equitable access to those funds. An additional sum of
  money may be appropriated to the Texas Economic Development and
  Tourism Office [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 Economic Development and Tourism Office [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 Economic
  Development and Tourism Office [Department of Commerce], may adopt
  rules to administer skill training programs for which the agency is
  responsible, and the Texas Economic Development and Tourism Office
  [Department of Commerce] may adopt rules to administer skill
  training programs for which it is responsible.
         SECTION 6.  Subchapter H, Chapter 29, Education Code, is
  amended by adding Section 29.258 to read as follows:
         Sec. 29.258.  ADULT HIGH SCHOOL DIPLOMA AND INDUSTRY
  CERTIFICATION PILOT PROGRAM. (a) The commissioner shall establish
  an adult high school diploma and industry certification pilot
  program as provided by this section to enhance economic
  opportunities for eligible adults 19 to 50 years of age.
         (b)  Notwithstanding Section 29.2535, the commissioner may
  designate a single nonprofit entity described by Subsection (c) to
  provide an adult education program for individuals described by
  Subsection (g) to successfully complete:
               (1)  high school curriculum requirements to receive a
  high school diploma; and
               (2)  career and technology education courses that can
  lead to industry certification.
         (c)  An adult high school diploma and industry certification
  program may be provided by a nonprofit entity under this section
  that:
               (1)  has a successful history of providing education
  services, including industry certifications and job placement
  services, to adults 18 years of age and older whose educational and
  training opportunities have been limited by educational
  disadvantages, disabilities, homelessness, criminal history, or
  similar circumstances;
               (2)  develops an adult education program specifically
  designed for individuals described by Subsection (g);
               (3)  agrees to commit at least $1 million to the adult
  education program offered; and
               (4)  applies as provided by Subsection (e).
         (d)  The commissioner by rule shall establish minimum
  standards for an adult education program under this section. The
  program must:
               (1)  provide a dropout recovery curriculum that:
                     (A)  offers courses to complete high school
  curriculum requirements; and
                     (B)  includes career and technology education
  courses that can lead to industry certification; and
               (2)  offer a high school diploma to a participant who:
                     (A)  completes all high school curriculum
  requirements in compliance with Section 28.025; and
                     (B)  performs satisfactorily on a secondary
  exit-level assessment instrument described by Section
  29.252(a)(8)(B).
         (e)  To be designated to provide an adult education program
  under this section, a nonprofit entity described by Subsection (c)
  must submit an application to the commissioner in the time and
  manner prescribed by commissioner rule that describes:
               (1)  the adult education program to be offered,
  including the required curriculum as provided by Section 28.002;
               (2)  the governing structure for providing the adult
  education program to be offered;
               (3)  the process through which the nonprofit entity
  will adopt an annual budget for providing the adult education
  program to be offered; and
               (4)  the facilities to be used for the adult education
  program to be offered.
         (f)  A nonprofit entity designated to provide an adult
  education program under this section:
               (1)  may partner with a public junior college to
  provide career and technology education courses that can lead to
  industry certification; and
               (2)  must enter into a memorandum of understanding with
  one or more school districts or open-enrollment charter schools
  that will award high school diplomas to adult education program
  participants who successfully complete curriculum requirements for
  high school graduation.
         (g)  A person who is at least 19 years of age and not more
  than 50 years of age is eligible to enroll in the adult education
  program under this section if the person has not earned a high
  school equivalency certificate and:
               (1)  has failed to complete the curriculum requirements
  for high school graduation; or
               (2)  has failed to perform satisfactorily on an
  assessment instrument required for high school graduation.
         (h)  The commissioner shall adopt rules as necessary to
  authorize school districts and open-enrollment charter schools to
  issue diplomas to eligible participants under this section. A
  participant issued a diploma from a school district or
  open-enrollment charter school under this section is not considered
  a student enrolled in the district or school for accountability
  purposes under Chapter 39.
         (i)  Funding for an adult education program under this
  section is provided as follows:
               (1)  for participants who are 26 years of age and older,
  an amount per participant from available funds appropriated for
  adult basic education equal to the statewide average amount of
  state funding per student in weighted average daily attendance that
  would be allocated under the Foundation School Program for the
  student's attendance at schools in the school district in which the
  participant resides were the student under 26 years of age; and
               (2)  for participants who are at least 19 years of age
  and under 26 years of age, an amount per participant through the
  Foundation School Program equal to the amount of state funds per
  student in weighted average daily attendance that would be
  allocated under the Foundation School Program for the student's
  attendance at schools in the school district in which the
  participant resides.
         (j)  Not later than December 1 of each even-numbered year,
  beginning December 1, 2016, the agency shall prepare and deliver to
  the governor, lieutenant governor, speaker of the house of
  representatives, and presiding officer of each standing
  legislative committee with primary jurisdiction over public
  education a report that:
               (1)  evaluates any adult education program operated
  under this section; and
               (2)  makes recommendations regarding the abolition,
  continuation, or expansion of the pilot program.
         (k)  The commissioner shall adopt rules necessary to
  administer the pilot program under this section.
         SECTION 7.  Section 42.003(a), Education Code, is amended to
  read as follows:
         (a)  A student is entitled to the benefits of the Foundation
  School Program if, on September 1 of the school year, the student:
               (1)  is 5 years of age or older and under 21 years of age
  and has not graduated from high school, or is at least 21 years of
  age and under 26 years of age and has been admitted by a school
  district to complete the requirements for a high school diploma; or
               (2)  is at least 19 years of age and under 26 years of
  age and is enrolled in an adult high school diploma and industry
  certification program under Section 29.258.
         SECTION 8.  This Act takes effect September 1, 2013.