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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0056.01 JAP SENATE BILL 98­059

STATE OF COLORADO

BY SENATOR Alexander;

also REPRESENTATIVE Tucker.

EDUCATION

A BILL FOR AN ACT

CONCERNING CREATION OF THE ADULT BASIC EDUCATION PROGRAM.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)

Creates the adult basic education program to provide work force basic skills education projects and adult basic education. Charges the division of adult education, within the department of education, and the state board for community colleges and occupational education with administration of the program, in cooperation with the departments of human services and labor and employment.

Specifies basic criteria for work force basic skills education projects. Instructs the state board for community colleges and occupational education to select work force basic skills education projects provided by community colleges, area vocational schools, junior colleges, or community­based organizations to receive funding under the program. Requires the state board for community colleges and occupational education to adopt rules specifying application procedures, criteria for selecting projects, and reporting requirements. Specifies the basic criteria for adult basic education projects. Instructs the state board of education to adopt rules specifying the application procedure, criteria for selecting projects, and reporting requirements. Provides that the adult basic education program may fund additional adult education projects administered through the named departments.

Specifies that the adult basic education program shall be funded through appropriations and through any public or private grants, donations, gifts, or contributions received. On or before February 1, 2002, requires the state board for community colleges and occupational education and the division of adult education to submit to the education committees of the house of representatives and the senate and the joint budget committee a report concerning the success of the adult basic education program.

Repeals the adult basic education program, effective July 1, 2002.

Makes conforming amendments.


Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  Part 1 of article 2 of title 22, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

22­2­122.  Department of education ­ division of adult education ­ state board for community colleges and occupational education ­ adult basic education program ­ repeal. (1)  THIS SECTION SHALL BE KNOWN AND MAY BE CITED AS THE "ADULT BASIC EDUCATION ACT".

(2) (a)  THE GENERAL ASSEMBLY HEREBY FINDS THAT:

(I)  THERE ARE A SUBSTANTIAL NUMBER OF ADULTS IN THIS STATE WHOSE EMPLOYMENT AND EDUCATIONAL OPPORTUNITIES ARE SEVERELY RESTRICTED BECAUSE THEY LACK THE BASIC SKILLS NECESSARY FOR FULL PARTICIPATION IN THE STATE'S ECONOMIC, CIVIC, AND SOCIAL STRUCTURE;

(II)  BASIC SKILLS TRAINING FOR SPECIFIC JOBS IS NECESSARY TO PROVIDE UNEMPLOYED AND UNDEREMPLOYED PERSONS WITH TRAINING THAT WILL ENABLE THEM TO COMPETE FOR JOBS WITH THE BASIC SKILLS NECESSARY TO INCREASE THEIR PRODUCTIVITY, INCREASE THEIR WAGES, AND REDUCE THEIR NEED FOR PUBLIC SUPPORT;

(III)   ILLITERACY IS OFTEN PASSED FROM ONE GENERATION TO THE NEXT AND CHILDREN WHO CANNOT READ ARE OFTEN REARED BY PARENTS, WHETHER WORKING OR NONWORKING, WHO CANNOT READ;

(IV)  THE STATE'S ECONOMIC HEALTH AND VITALITY DEPEND IN LARGE MEASURE ON THE AVAILABILITY OF A SKILLED LABOR FORCE THAT CAN HELP ENSURE THAT BUSINESSES ARE PROFITABLE AND COMPETITIVE.

(b)  THE GENERAL ASSEMBLY THEREFORE DECLARES THAT THE ADULT BASIC EDUCATION PROGRAM IS NECESSARY TO ENSURE THAT RESIDENTS IN THIS STATE HAVE THE BASIC SKILLS THEY NEED TO BE PRODUCTIVE MEMBERS OF SOCIETY AND THAT THE STATE HAS A SUFFICIENTLY SKILLED WORK FORCE TO SUPPORT CONTINUED ECONOMIC DEVELOPMENT AND PROSPERITY IN THE STATE.

(3)  FOR PURPOSES OF THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(a)  "ADULT" MEANS AN INDIVIDUAL SIXTEEN YEARS OF AGE OR OLDER WHO IS NOT ENROLLED IN A PUBLIC OR PRIVATE SECONDARY EDUCATION PROGRAM.

(b)  "ADULT BASIC EDUCATION PROJECT" MEANS A PROGRAM THAT PROVIDES INSTRUCTION TO ASSIST ADULT STUDENTS IN DEVELOPING SUCH SKILLS AS READING, LISTENING, SPEAKING, WRITING, MATHEMATICS, COMPUTER LITERACY, CRITICAL THINKING, PROBLEM SOLVING, AND OTHER IDENTIFIED COMMUNICATION AND COMPUTATIONAL COMPETENCIES THAT ENABLE THE ADULT STUDENT TO SOLVE PROBLEMS AND FUNCTION EFFECTIVELY IN THE WORK PLACE, THE FAMILY, AND THE COMMUNITY.

(c)  "DIVISION" MEANS THE DIVISION OF ADULT EDUCATION LOCATED IN THE STATE DEPARTMENT OF EDUCATION.

(d)  "PROGRAM" MEANS THE ADULT BASIC EDUCATION PROGRAM CREATED PURSUANT TO THIS SECTION.

(e)  "STATE BOARD FOR COMMUNITY COLLEGES AND OCCUPATIONAL EDUCATION" MEANS THE STATE BOARD FOR COMMUNITY COLLEGES AND OCCUPATIONAL EDUCATION CREATED IN SECTION 23­60­104, C.R.S.

(f)  "WORK FORCE BASIC SKILLS EDUCATION PROJECT" MEANS A PROGRAM THAT PROVIDES INSTRUCTION AND PREPARATION OF ADULT STUDENTS WHO WILL BE OR WHO ALREADY ARE EMPLOYED TO PROVIDE THEM WITH THE NECESSARY BASIC SKILLS TO SECURE EMPLOYMENT AND TO REMAIN VALUABLE EMPLOYEES. CURRICULUM TOPICS INCLUDE WORK ETHIC THEMES, JOB READINESS, JOB RETENTION, COMMUNICATION SKILLS, AND INDUSTRY­RELATED BASIC SKILLS THAT ENABLE ADULT STUDENTS TO ADAPT TO NEW TECHNOLOGY, PARTICIPATE IN TRAINING, AND ADAPT TO NEW WORK PLACE ORGANIZATION AND FUNCTIONS.

(4)  THERE IS HEREBY CREATED THE ADULT BASIC EDUCATION PROGRAM WITHIN THE DIVISION OF ADULT EDUCATION LOCATED WITHIN THE DEPARTMENT OF EDUCATION. THE PROGRAM SHALL BE OPERATED AS A JOINT EFFORT BETWEEN THE STATE BOARD FOR COMMUNITY COLLEGES AND OCCUPATIONAL EDUCATION AND THE DIVISION AND IN COOPERATION WITH THE DEPARTMENTS OF HUMAN SERVICES AND LABOR AND EMPLOYMENT. THE PROGRAM SHALL SUPPORT PROVISION OF WORK FORCE BASIC SKILLS EDUCATION SERVICES THROUGH THE STATE BOARD FOR COMMUNITY COLLEGES AND OCCUPATIONAL EDUCATION AND COMMUNITY­BASED ADULT BASIC EDUCATION SERVICES THROUGH THE DIVISION.

(5) (a)  THE STATE BOARD FOR COMMUNITY COLLEGES AND OCCUPATIONAL EDUCATION SHALL OVERSEE THE ALLOCATION OF PROGRAM FUNDS TO WORK FORCE BASIC SKILLS EDUCATION PROJECTS. THE STATE BOARD FOR COMMUNITY COLLEGES AND OCCUPATIONAL EDUCATION MAY IDENTIFY AND ALLOCATE FUNDING TO ANY ELIGIBLE WORK FORCE BASIC SKILLS EDUCATION PROJECT PROVIDED BY A COMMUNITY COLLEGE OR AREA VOCATIONAL SCHOOL WITHIN THE STATE SYSTEM OF COMMUNITY COLLEGES AND OCCUPATIONAL EDUCATION, A LOCAL JUNIOR COLLEGE, OR A COMMUNITY­BASED ORGANIZATION. TO BE ELIGIBLE FOR FUNDING THROUGH THE PROGRAM, A WORK FORCE BASIC SKILLS EDUCATION PROJECT, AT A MINIMUM, SHALL PROVIDE:

(I) (A)  BASIC SKILLS PRE­EMPLOYMENT TRAINING OR BASIC SKILLS TRAINING FOR WORKERS UPON FIRST BEING HIRED; OR

(B)  BASIC SKILLS UPGRADE TRAINING OR RETRAINING OF WORKERS IN SITUATIONS WHERE BASIC SKILLS TRAINING IS REQUIRED FOR CONTINUED EMPLOYMENT AND TO MINIMIZE WORKER DISLOCATION; AND

(II)  BASIC SKILLS TRAINING AT AN EMPLOYER'S PLACE OF BUSINESS OR IN SOME OTHER LOCATION IDENTIFIED BY THE EMPLOYER.

(b)  IN OVERSEEING THE ALLOCATION OF PROGRAM FUNDS TO WORK FORCE BASIC SKILLS EDUCATION PROJECTS, THE STATE BOARD FOR COMMUNITY COLLEGES AND OCCUPATIONAL EDUCATION SHALL ADOPT RULES SPECIFYING, AT A MINIMUM:

(I)  THE PROCEDURE BY WHICH PUBLIC OR PRIVATE ENTITIES MAY APPLY TO THE STATE BOARD FOR COMMUNITY COLLEGES AND OCCUPATIONAL EDUCATION FOR GRANTS TO FUND WORK FORCE BASIC SKILLS EDUCATION PROJECTS;

(II)  THE CRITERIA FOR AWARDING GRANTS THROUGH THE PROGRAM; AND

(III)  THE REPORTING REQUIREMENTS TO BE MET BY EACH WORK FORCE BASIC SKILLS EDUCATION PROJECT THAT RECEIVES FUNDING.

(6)  THE ADULT BASIC EDUCATION PROJECTS FUNDED THROUGH THE PROGRAM SHALL BE DESIGNED TO PROVIDE BASIC SKILLS EDUCATION IN MATHEMATICS AND COMPUTER LITERACY AND IN READING AND WRITING THROUGH THE TEACHING OF PROPER GRAMMAR AND SPELLING, VOCABULARY, AND OTHER NECESSARY SKILLS IN ORDER THAT ADULT STUDENTS MAY ATTAIN PROFICIENCY IN THE USAGE AND UNDERSTANDING OF THE ENGLISH LANGUAGE. THE ADULT BASIC EDUCATION PROJECTS SHALL BE DESIGNED TO SERVE ADULTS WHO READ BELOW A NINTH­GRADE LEVEL. THE STATE BOARD OF EDUCATION SHALL ADOPT RULES SPECIFYING, AT A MINIMUM:

(a)  THE PROCEDURE BY WHICH PUBLIC OR PRIVATE ENTITIES MAY APPLY TO THE DIVISION FOR GRANTS TO FUND ADULT BASIC EDUCATION PROJECTS;

(b)  THE CRITERIA FOR AWARDING GRANTS THROUGH THE PROGRAM; AND

(c)  THE REPORTING REQUIREMENTS TO BE MET BY EACH PROJECT THAT RECEIVES FUNDING.

(7)  IN ADDITION TO THE PROJECTS SPECIFIED IN SUBSECTIONS (5) AND (6) OF THIS SECTION, THE STATE BOARD FOR COMMUNITY COLLEGES AND OCCUPATIONAL EDUCATION AND THE DIVISION MAY COOPERATE WITH THE DEPARTMENTS OF HUMAN SERVICES AND LABOR AND EMPLOYMENT IN ADMINISTERING OTHER ADULT BASIC EDUCATION PROJECTS THAT MEET THE GOALS SPECIFIED IN SUBSECTION (2) OF THIS SECTION.

(8)  THE PROGRAM SHALL BE FUNDED BY ANY APPROPRIATIONS OR PUBLIC OR PRIVATE GRANTS, DONATIONS, GIFTS, OR CONTRIBUTIONS RECEIVED FOR SUCH PURPOSE BY THE STATE BOARD FOR COMMUNITY COLLEGES AND OCCUPATIONAL EDUCATION, THE DIVISION, OR THE DEPARTMENT OF HUMAN SERVICES OR LABOR AND EMPLOYMENT. THE STATE BOARD FOR COMMUNITY COLLEGES AND OCCUPATIONAL EDUCATION, THE STATE BOARD OF EDUCATION, AND THE DEPARTMENTS OF HUMAN SERVICES AND LABOR AND EMPLOYMENT ARE AUTHORIZED TO SOLICIT AND ACCEPT ANY GRANTS, DONATIONS, GIFTS, OR CONTRIBUTIONS FROM THE FEDERAL GOVERNMENT OR ANY PRIVATE SOURCE FOR USE BY THE PROGRAM.

(9)  ON OR BEFORE FEBRUARY 1, 2002, THE STATE BOARD FOR COMMUNITY COLLEGES AND OCCUPATIONAL EDUCATION AND THE DIVISION SHALL JOINTLY SUBMIT A REPORT TO THE EDUCATION COMMITTEES OF THE SENATE AND THE HOUSE OF REPRESENTATIVES AND TO THE JOINT BUDGET COMMITTEE THAT CONTAINS INFORMATION CONCERNING THE SUCCESS OF THE PROJECTS FUNDED THROUGH THE PROGRAM. AT A MINIMUM, THE REPORT SHALL INCLUDE:

(a)  THE NAME AND A DESCRIPTION OF EACH WORK FORCE BASIC SKILLS EDUCATION PROJECT AND ADULT BASIC EDUCATION PROJECT THAT RECEIVED FUNDING THROUGH THE PROGRAM;

(b)  THE NUMBER OF PERSONS SERVED THROUGH EACH WORK FORCE BASIC SKILLS EDUCATION PROJECT AND ADULT BASIC EDUCATION PROJECT AND THE TYPES OF SERVICES PROVIDED;

(c)  THE METHODS AND STANDARDS USED TO MEASURE THE SUCCESS OF EACH WORK FORCE BASIC SKILLS EDUCATION PROJECT AND ADULT BASIC EDUCATION PROJECT THAT RECEIVED FUNDING THROUGH THE PROGRAM; AND

(d)  THE SUCCESS OF EACH WORK FORCE BASIC SKILLS EDUCATION PROJECT AND ADULT BASIC EDUCATION PROJECT AND THE OVERALL SUCCESS OF THE PROGRAM IN RAISING THE BASIC SKILL LEVEL OF THE STATE'S WORK FORCE AND IN PROVIDING BASIC SKILLS EDUCATION TO ADULTS.

(7)  THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2002.

SECTION 2. Part 2 of article 60 of title 23, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

23­60­203.5. Duties of board with respect to the adult basic education program. (1)  THE BOARD SHALL OPERATE THE ADULT BASIC EDUCATION PROGRAM CREATED IN SECTION 22­2­122, C.R.S., JOINTLY WITH THE DIVISION OF ADULT EDUCATION IN THE DEPARTMENT OF EDUCATION. IN OPERATING THE PROGRAM, THE BOARD SHALL OVERSEE THE ALLOCATION OF ADULT BASIC EDUCATION PROGRAM FUNDS TO WORK FORCE BASIC SKILLS EDUCATION PROJECTS AS PROVIDED IN SECTION 22­2­122 (6), C.R.S., AND ADOPT RULES AS SPECIFIED IN SAID SECTION. IN ADDITION, THE BOARD MAY COOPERATE WITH THE DEPARTMENTS OF HUMAN SERVICES AND LABOR AND EMPLOYMENT IN ADMINISTERING OTHER ADULT BASIC EDUCATION PROJECTS, AS PROVIDED IN SAID SECTION.

(2)  THE ADULT BASIC EDUCATION PROGRAM SHALL BE FUNDED AS PROVIDED IN SECTION 22­2­122 (8), C.R.S. THE BOARD IS AUTHORIZED TO REQUEST STATE APPROPRIATIONS AND TO SOLICIT AND ACCEPT ANY APPROPRIATIONS, GRANTS, DONATIONS, GIFTS, OR CONTRIBUTIONS FROM THE FEDERAL GOVERNMENT OR ANY PRIVATE SOURCE FOR USE BY THE ADULT BASIC EDUCATION PROGRAM AS PROVIDED IN SAID SECTION.

(3)  ON OR BEFORE FEBRUARY 1, 2002, THE BOARD, JOINTLY WITH THE DIVISION OF ADULT EDUCATION, SHALL SUBMIT A REPORT TO THE EDUCATION COMMITTEES OF THE SENATE AND THE HOUSE OF REPRESENTATIVES AND TO THE JOINT BUDGET COMMITTEE CONCERNING THE SUCCESS OF THE PROJECTS FUNDED THROUGH THE ADULT BASIC EDUCATION PROGRAM, AS SPECIFIED IN SECTION 22­2­122 (9), C.R.S.

SECTION 3.  8­71­102, Colorado Revised Statutes, is amended to read:

8­71­102.  Functions of the division ­ director. (1)  The functions of the division of employment and training shall comprise all administrative functions of the state in relation to the administration of articles 70 to 82 of this title. The powers, duties, and functions of the director of the division prescribed under articles 70 to 82 of this title, including rule­making, regulation, licensing, promulgation of rules, rates, regulations, and standards, and the rendering of findings, orders, and adjudications, shall be performed under the direction and supervision of the executive director of the department of labor and employment, as prescribed by section 24­1­105 (4), C.R.S.

(2)  IN ADDITION TO ANY OTHER DUTIES PRESCRIBED BY LAW, THE DIRECTOR OF THE DIVISION HAS THE DUTY AND THE POWER TO COOPERATE WITH THE STATE BOARD FOR COMMUNITY COLLEGES AND OCCUPATIONAL EDUCATION AND THE DIVISION OF ADULT EDUCATION, LOCATED WITHIN THE DEPARTMENT OF EDUCATION, IN ADMINISTERING THE ADULT BASIC EDUCATION PROGRAM PURSUANT TO SECTION 22­2­122, C.R.S.

SECTION 4.  26­1­111 (2), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

26­1­111.  Activities of the state department under the supervision of the executive director. (2)  The state department, under the supervision of the executive director, shall:

(t)  COOPERATE WITH THE STATE BOARD FOR COMMUNITY COLLEGES AND OCCUPATIONAL EDUCATION AND THE DIVISION OF ADULT EDUCATION, LOCATED WITHIN THE DEPARTMENT OF EDUCATION, IN ADMINISTERING THE ADULT BASIC EDUCATION PROGRAM PURSUANT TO SECTION 22­2­122, C.R.S.

SECTION 5.  Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.