HB 120 House Committee Report

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. 

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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)  The agency

 

shall establish a high school advising program through which

 

participating school districts and open-enrollment charter schools

 

provide college or career advising supports to students, either by

 

hiring employees or contracting with service providers.

 

       (b)  A school district or open-enrollment charter school

 

participating in the program must have at least one partnership

 

agreement with:

 

             (1)  if the district or school provides college

 

advisors, a public institution of higher education to support

 

students to transition successfully from high school graduation to

 

college enrollment, persistence, and completion; and

 

             (2)  if the district or school provides career

 

advisors:

 

                   (A)  a vocational program at a public institution

 

of higher education;

 

                   (B)  an employer; or

 

                   (C)  a local workforce board.

 

       (c)  An advisor under the program must be trained in:

 

             (1)  practices relating to college advising to serve as

 

a college advisor; and

 

             (2)  practices relating to career advising to serve as

 

a career advisor.

 

       (d)  A full-time equivalent advisor under the program may not

 

have a caseload of more than 200 students in grade levels 9 through

 

12 and must prioritize students in grade levels 11 and 12.

 

       (e)  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 $30,000.

 

       (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 9 through 12; and

 

             (2)  200.

 

       (c)  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 unless the district’s 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. 

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