89R2767 KJE-F By: Menéndez, et al. S.B. No. 163 A BILL TO BE ENTITLED AN ACT relating to funding for full-day prekindergarten programs under the Foundation School Program. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Sections 48.005(a) and (i), Education Code, are amended to read as follows: (a) In this chapter, average daily attendance is: (1) the quotient of the sum of attendance for each day of the minimum number of days of instruction as described under Section 25.081(a) divided by the minimum number of days of instruction; (2) for a district that operates under a flexible year program under Section 29.0821, the quotient of the sum of attendance for each actual day of instruction as permitted by Section 29.0821(b)(1) divided by the number of actual days of instruction as permitted by Section 29.0821(b)(1); (3) for a district that operates under a flexible school day program under Section 29.0822, the average daily attendance as calculated by the commissioner in accordance with Sections 29.0822(d) and (d-1); or (4) for a district that operates a prekindergarten [half-day program or a full-day] program under Section 29.153(c): (A) for a half-day program, one-half of the average daily attendance calculated under Subdivision (1); or (B) for a full-day program, the average daily attendance calculated under Subdivision (1). (i) A district or a charter school operating under Chapter 12 that operates a half-day prekindergarten program is eligible to receive one-half of average daily attendance under Subsection (a) if the district's or charter school's prekindergarten program provides at least 32,400 minutes of instructional time to students. SECTION 2. This Act takes effect September 1, 2025.