By: Guillen, Marquez, Gonzales, Flores H.B. No. 636
A BILL TO BE ENTITLED
AN ACT
relating to allocation of state and federal funds for adult basic
education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 29.255, Education Code, is amended by
adding Subsections (c), (d), (d-1), and (e) to read as follows:
(c) Notwithstanding any other provision of this subchapter,
the agency shall allocate state and federal adult basic education
funds, other than federal funds set aside for state administration,
special projects, and staff development, based on need. Funds
available to a service area in which there is no eligible adult
basic education service provider providing student contact hours
shall be distributed proportionally by the agency to other eligible
adult basic education service providers in the county. If there are
no other eligible adult basic education service providers in the
county, the funds allocated for that county shall be distributed
proportionally by the agency throughout the state to eligible adult
basic education service providers by service area.
(d) The agency by rule shall establish a method by which
adult basic education service providers are paid on a student
contact hour and student performance and completion basis. In
adopting a method under this subsection, the agency shall require
that the total number of eligible student contact hours must be
based on the student's level of performance on a designated
literacy or basic skills test so that the number of eligible student
contact hours funded is increased for a student with a lower
performance level.
(d-1) Adult basic education service providers providing
student contact hours for the 2008-2009 school year are entitled to
at least the same level of student contact hours in the 2009-2010
and 2010-2011 school years as the service provider provided in the
2008-2009 school year. This subsection expires September 1, 2011.
(e) The amount of state and federal adult basic education
funds, other than federal funds set aside for state administration,
special projects, and staff development, available for a school
year that exceeds the amount of state and federal adult basic
education funds, other than federal funds set aside for state
administration, special projects, and staff development, available
in the preceding school year shall be allocated to new student
contact hours. The agency may not set the student contact hour rate
for new student contact hours at a rate higher than the average rate
for student contact hours in the preceding school year.
SECTION 2. This Act takes effect September 1, 2009.