By: Bell of Kaufman, Buckley, Ashby, Gates, H.B. No. 120
Button, et al.
A BILL TO BE ENTITLED
AN ACT
relating to career and technology education programs in public
schools, the Financial Aid for Swift Transfer (FAST) program, the
Rural Pathway Excellence Partnership (R-PEP) program, and a high
school advising program, including funding for those programs under
the Foundation School Program, and to the new instructional
facility allotment and the permissible uses of funding under the
Foundation School Program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 28.0095, Education Code, is amended by
adding Subsection (c-1) to read as follows:
(c-1) Notwithstanding Subsection (c)(1)(A), a student
otherwise described by Subsection (c) is eligible to enroll at no
cost in a dual credit course under the program if the student has
graduated from high school but is:
(1) enrolled in a school district or open-enrollment
charter school at a campus designated as a P-TECH school under
Section 29.556 or in a school district participating in a
partnership under Section 29.912; and
(2) completing a course of study offered through an
articulation agreement or memorandum of understanding with an
institution of higher education and the district or school
described by Subdivision (1), as applicable, under the Pathways in
Technology Early College High School (P-TECH) program under
Subchapter N, Chapter 29, or the Rural Pathway Excellence
Partnership (R-PEP) program under Section 29.912.
SECTION 2. Section 29.182(b), Education Code, is amended to
read as follows:
(b) The state plan must include procedures designed to
ensure that:
(1) all secondary and postsecondary students have the
opportunity to participate in career and technology education
programs;
(2) the state complies with requirements for
supplemental federal career and technology education funding;
(3) career and technology education is established as
a part of the total education system of this state and constitutes
an option for student learning that provides a rigorous course of
study consistent with the required curriculum under Section 28.002
and under which a student may receive specific education in a career
and technology program that:
(A) incorporates competencies leading to
academic and technical skill attainment;
(B) leads to:
(i) an industry-recognized license,
credential, or certificate; or
(ii) at the postsecondary level, an
associate or baccalaureate degree;
(C) includes opportunities for students to earn
college credit for coursework; and
(D) includes, as an integral part of the program,
participation by students and teachers in activities of career and
technical student organizations supported by the agency and the
State Board of Education; [and]
(4) a school district provides, to the greatest extent
possible, to a student participating in a career and technology
education program opportunities to enroll in dual credit courses
designed to lead to a degree, license, or certification as part of
the program; and
(5) a course of study offered under a Junior Reserve
Officers' Training Corps program established under 10 U.S.C.
Section 2031 is considered a career and technology education
program.
SECTION 3. Sections 29.190(a-1) and (b), Education Code,
are amended to read as follows:
(a-1) A student may not receive more than two subsidies [one
subsidy] under this section.
(b) A teacher is entitled to a subsidy under this section if
the teacher passes a certification examination related to career
and technology education [cybersecurity].
SECTION 4. Subchapter Z, Chapter 29, Education Code, is
amended by adding Section 29.9016 to read as follows:
Sec. 29.9016. MILITARY PATHWAY GRANT PROGRAM. (a) The
agency shall establish a grant program to provide money to school
districts to implement a program under which the district:
(1) establishes a Junior Reserve Officers' Training
Corps program under 10 U.S.C. Section 2031 for students enrolled in
high school in the district;
(2) annually administers the Armed Services
Vocational Aptitude Battery test to each student participating in
the program described by Subdivision (1); and
(3) provides career counseling at least once per year
to each student administered the Armed Services Vocational Aptitude
Battery test under Subdivision (2) based on the results of the test.
(b) The amount of each grant awarded under the grant program
is $50,000.
(c) The total amount of grants awarded under the grant
program for a school year may not exceed $2 million.
SECTION 5. Section 29.912, Education Code, is amended by
adding Subsection (c-1) and amending Subsections (e) and (j) to
read as follows:
(c-1) A school district that has participated in the program
may continue to participate in the program regardless of the number
of students in average daily attendance in the district for the
current school year.
(e) An employee of a coordinating entity that manages a
partnership under the program is eligible for membership in and
benefits from the Teacher Retirement System of Texas if the
employee would be eligible for membership and benefits by holding a
similar position at a partnering school district. [An employee is
eligible for membership under this subsection if a partnership
would be authorized to participate in the program, as determined by
the commissioner, but for the maximum expenditure established in
Section 48.118(f).]
(j) The commissioner shall make grants available for use by
a coordinating entity for a two-year period to assist with costs
associated with the planning, development, establishment, or
expansion, as applicable, of partnerships under the program using
[a portion of state funds allocated under Section 48.118 as well as]
money appropriated for that purpose, federal funds, and any other
funds available. The commissioner may award a grant only to a
coordinating entity that has entered into a performance agreement
approved under Subsection (i) or, if in the planning stage, has
entered into a memorandum of understanding to enter into a
performance agreement, unless the source of funds does not permit a
grant to the coordinating entity, in which case the grant shall be
made to a participating school district acting as fiscal agent.
Eligible use of grant funds shall include planning, development,
establishment, or expansion of partnerships under the program. The
commissioner may use not more than 15 percent of the money allocated
for the grants to cover the cost of administering grants awarded
under the program and to provide technical assistance and support
to partnerships under the program.
SECTION 6. Subchapter Z, Chapter 29, Education Code, is
amended by adding Section 29.939 to read as follows:
Sec. 29.939. HIGH SCHOOL ADVISING PROGRAM. (a) In this
section, "institution of higher education" and "private or
independent institution of higher education" have the meanings
assigned by Section 61.003.
(b) The agency shall establish a high school advising
program through which participating school districts and
open-enrollment charter schools provide college, career, and
military advising supports to students, either by hiring employees
or contracting with service providers.
(c) A school district or open-enrollment charter school
participating in the program must have at least one partnership
agreement:
(1) with an institution of higher education or private
or independent institution of higher education to support students
to transition successfully from high school graduation to
postsecondary enrollment, persistence, and completion; and
(2) to support students to transition successfully
from high school graduation to workforce entry, with:
(A) a career and technical education program at
an institution of higher education or private or independent
institution of higher education;
(B) an employer;
(C) a branch of the armed services of the United
States or the Texas National Guard; or
(D) a local workforce board.
(d) Each advisor under the program must be:
(1) trained in practices relating to college, career,
and military advising; and
(2) supported by additional guidance provided by the
agency.
(e) A full-time equivalent advisor under the program:
(1) may not have a caseload of more than 200 students;
and
(2) must:
(A) prioritize students in grade levels 11 and
12; and
(B) spend at least 80 percent of the advisor's
time on college, career, and military advising.
(f) The commissioner may adopt rules as necessary to
implement this section. In adopting rules, the commissioner shall
consult with the Texas Workforce Commission and the Texas Higher
Education Coordinating Board.
SECTION 7. The heading to Section 39.0261, Education Code,
is amended to read as follows:
Sec. 39.0261. COLLEGE PREPARATION AND CAREER READINESS
ASSESSMENTS.
SECTION 8. Section 39.0261(a), Education Code, is amended
to read as follows:
(a) In addition to the assessment instruments otherwise
authorized or required by this subchapter:
(1) each school year and at state cost, a school
district may administer to students in the spring of the eighth
grade an established, valid, reliable, and nationally
norm-referenced preliminary college preparation assessment
instrument for the purpose of diagnosing the academic strengths and
deficiencies of students before entrance into high school;
(2) each school year and at state cost, a school
district may administer to students in the 10th grade an
established, valid, reliable, and nationally norm-referenced
preliminary college preparation assessment instrument for the
purpose of measuring a student's progress toward readiness for
college and the workplace; and
(3) high school students in the spring of the 11th
grade or during the 12th grade may select and take once, at state
cost:
(A) one of the valid, reliable, and nationally
norm-referenced assessment instruments used by colleges and
universities as part of their undergraduate admissions processes;
[or]
(B) the assessment instrument designated by the
Texas Higher Education Coordinating Board under Section 51.334; or
(C) a nationally recognized career readiness
assessment instrument that measures foundational workforce skills
approved by commissioner rule.
SECTION 9. Section 45.105(c), Education Code, is amended to
read as follows:
(c) Local school funds from district taxes, tuition fees of
students not entitled to a free education, other local sources, and
state funds not designated for a specific purpose may be used for
the purposes listed for state and county available funds and for
purchasing appliances and supplies, paying insurance premiums,
paying janitors and other employees, buying school sites, buying,
building, repairing, and renting school buildings, including
acquiring school buildings and sites by leasing through annual
payments with an ultimate option to purchase, providing advising
support as described by Section 48.0035(1), and educating students
as described by Section 48.0035(2), and, except as provided by
Subsection (c-1), for other purposes necessary in the conduct of
the public schools determined by the board of trustees. The
accounts and vouchers for county districts must be approved by the
county superintendent. If the state available school fund in any
municipality or district is sufficient to maintain the schools in
any year for at least eight months and leave a surplus, the surplus
may be spent for the purposes listed in this subsection.
SECTION 10. Section 48.003(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:
(A) has not graduated from high school; or
(B) has graduated from high school but is:
(i) enrolled in a school district at a
campus designated as a P-TECH school under Section 29.556 or in a
school district participating in a partnership under Section
29.912; and
(ii) completing a course of study offered
through an articulation agreement or memorandum of understanding
with an institution of higher education, as defined by Section
61.003, and the district described by Subparagraph (i), as
applicable, under the Pathways in Technology Early College High
School (P-TECH) program under Subchapter N, Chapter 29, and the
Rural Pathway Excellence Partnership (R-PEP) program under Section
29.912, regardless of whether the student is enrolled in the
district providing the course of study;
(2) [, 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
(3) [(2)] is at least 18 years of age and under 50
years of age and is enrolled in an adult education program provided
under the adult high school charter school program under Subchapter
G, Chapter 12.
SECTION 11. Subchapter A, Chapter 48, Education Code, is
amended by adding Sections 48.0035 and 48.0055 to read as follows:
Sec. 48.0035. USE OF FUNDING FOR CERTAIN PURPOSES. A school
district may use funding to which the district is entitled under
this chapter to:
(1) provide district graduates, during the first two
years after high school graduation, advising support toward the
successful completion of a certificate or degree program at a
public institution of higher education or a postsecondary
vocational training program; and
(2) educate a student who has graduated from high
school but is enrolled in the district in a program through which
the student may earn dual credit, including the Pathways in
Technology Early College High School (P-TECH) program under
Subchapter N, Chapter 29, and the Rural Pathway Excellence
Partnership (R-PEP) program under Section 29.912.
Sec. 48.0055. ENROLLMENT-BASED FUNDING. The commissioner
by rule shall establish the method for determining average
enrollment for purposes of funding provided based on average
enrollment under Chapter 46 and this chapter.
SECTION 12. Section 48.106(a-1), Education Code, is amended
to read as follows:
(a-1) In addition to the amounts under Subsection (a), for
each student in average enrollment [daily attendance], a district
is entitled to $150 [$50] for each of the following in which the
student is enrolled:
(1) a campus designated as a P-TECH school under
Section 29.556; or
(2) a campus that is a member of the New Tech Network
and that focuses on project-based learning and work-based
education.
SECTION 13. Sections 48.106(b)(1) and (1-a), Education
Code, are amended to read as follows:
(1) "Approved career and technology education
program":
(A) means:
(i) a sequence of career and technology
education courses, including technology applications courses,
authorized by the State Board of Education; and
(ii) courses offered under a Junior Reserve
Officers' Training Corps program established under 10 U.S.C.
Section 2031; and
(B) includes only courses that qualify for high
school credit.
(1-a) "Approved program of study" means a course
sequence that:
(A) provides students with the knowledge and
skills necessary for success in the students' chosen careers,
including the military; and
(B) is approved by the agency for purposes of the
Strengthening Career and Technical Education for the 21st Century
Act (Pub. L. No. 115-224).
SECTION 14. Section 48.118, Education Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) Notwithstanding Subsection (a), a school district
described by Section 29.912(c-1) may receive funding under this
section for up to 110 percent of the number of students who
qualified under Subsection (a) for the school year immediately
preceding the school year in which the district's enrollment first
reached 1,600 or more.
SECTION 15. Section 48.152(a)(2), Education Code, is
amended to read as follows:
(2) "New instructional facility" includes:
(A) a newly constructed instructional facility;
(B) a repurposed instructional facility; [and]
(C) a leased facility operating for the first
time as an instructional facility with a minimum lease term of not
less than 10 years; and
(D) a renovated portion of an instructional
facility to be used for the first time to provide high-cost and
undersubscribed career and technology education programs, as
determined by the commissioner.
SECTION 16. Section 48.152(f), Education Code, is amended
to read as follows:
(f) The amount appropriated for allotments under this
section may not exceed $150 [$100] million in a school year. If the
total amount of allotments to which districts are entitled under
this section for a school year exceeds the amount appropriated
under this subsection, the commissioner:
(1) shall reduce each district's allotment under this
section in the manner provided by Section 48.266(f); and
(2) for new instructional facilities described by
Subsection (a)(2)(D), may remove a career and technology education
program from the list of programs that qualify under that
subsection.
SECTION 17. The heading to Section 48.155, Education Code,
is amended to read as follows:
Sec. 48.155. COLLEGE PREPARATION AND CAREER READINESS
ASSESSMENT REIMBURSEMENT.
SECTION 18. Section 48.156, Education Code, is amended to
read as follows:
Sec. 48.156. CERTIFICATION EXAMINATION REIMBURSEMENT. A
school district is entitled to reimbursement for the amount of a
subsidy paid by the district for not more than two [a student's]
certification examinations per student [examination] under Section
29.190(a) as provided by Section 29.190(c).
SECTION 19. Subchapter D, Chapter 48, Education Code, is
amended by adding Section 48.162 to read as follows:
Sec. 48.162. HIGH SCHOOL ADVISING ALLOTMENT. (a) Subject
to Subsections (b) and (c), for each full-time equivalent advisor
or contracted service provider under the high school advising
program established under Section 29.939, a school district is
entitled to $40,000.
(b) The number of advisors for whom a school district may
receive an allotment under this section may not exceed the quotient
of, rounded up to the nearest whole number:
(1) the number of students enrolled in the district in
grade levels 11 through 12; and
(2) 200.
(c) Subject to Subsection (d), beginning with the fifth
school year for which a school district receives an allotment under
this section, the commissioner shall reduce the district's
allotment by 20 percent for each school year.
(d) Subsection (c) does not apply to a school district whose
performance under Section 48.110 for the preceding school year:
(1) exceeded the average of the district's performance
under that section for the two school years preceding that school
year;
(2) was in the top 25 percent of statewide performance
under that section; or
(3) established that at least 40 percent of the
district's educationally disadvantaged annual graduates
demonstrated college, career, or military readiness as described by
Section 48.110(f).
SECTION 20. Sections 29.912(h) and 48.118(f), Education
Code, are repealed.
SECTION 21. Sections 28.0095(c-1), 29.9016, and 29.939,
Education Code, as added by this Act, and Sections 29.190 and
29.912, Education Code, as amended by this Act, apply beginning
with the 2025-2026 school year.
SECTION 22. (a) Except as provided by Subsection (b) of
this section, this Act takes effect immediately if it receives a
vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.
(b) The amendments by this Act to Chapter 48, Education
Code, take effect September 1, 2025.