89R17299 KJE-F     By: Bell of Kaufman, Buckley, Ashby, Gates, H.B. No. 120       Button, et al.     Substitute the following for H.B. No. 120:     By:  Buckley C.S.H.B. No. 120       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.