This section sets how adult education programs under certain charters are funded, how student attendance is counted, and when the commissioner must calculate and pay related allotments.
Sec. 12.263. ADULT EDUCATION PROGRAM FUNDING. (a) Except as otherwise provided by this section, funding for an adult education program operated under a charter granted under this subchapter is an amount per participant through the Foundation School Program equal to the amount of state funding per student in weighted average daily attendance that would be allocated under the Foundation School Program for the student's attendance at an open-enrollment charter school in accordance with Section 12.106. (b) For purposes of determining the average daily attendance of an adult education program operated under a charter granted under this subchapter, a student is considered to be in average daily attendance, with a 100 percent attendance rate, for: (1) all of the instructional days of the school year, if the student is enrolled for at least 75 percent of the school year; (2) three-quarters of the instructional days of the school year, if the student is enrolled for at least 50 percent but less than 75 percent of the school year; (3) half of the instructional days of the school year, if the student is enrolled for at least 25 percent but less than 50 percent of the school year; or (4) a quarter of the instructional days of the school year, if the student is enrolled for at least 10 percent but less than 25 percent of the school year. (c) A student enrolled in an adult education program operated under a charter granted under this subchapter for less than 10 percent of a school year may not be counted toward the adult education program's average daily attendance for that school year. (d) For purposes of the compensatory education allotment under Section 48.104, the commissioner shall: (1) permit an adult education program operated under a charter granted under this subchapter to give a final report at the end of each school year of students who were enrolled in the adult education program at any time during that school year and who qualify for that allotment; and (2) provide the allotment for each student reported under Subdivision (1) in an amount proportional to the duration of the student's enrollment in the adult education program. (e) For purposes of the college, career, or military readiness outcomes bonus under Section 48.110, notwithstanding Subsection (f) of that section, an annual graduate of an adult education program operated under a charter granted under this subchapter demonstrates career readiness by earning an industry-accepted certificate not later than six months after completing the program. (f) In addition to funding provided under Subsection (a), an eligible entity granted a charter under this subchapter is entitled to receive for the adult education program an annual allotment, provided in accordance with a schedule established by commissioner rule, equal to the maximum basic allotment under Section 48.051(a) or (b) multiplied by: (1) for each credit earned by a student enrolled in the adult education program during the preceding school year: (A) 0.01 for a course other than a career and technology education course; and (B) 0.02 for a career and technology education course; and (2) 0.1 for each student who successfully completed the adult education program and earned a high school diploma during the preceding school year. (g) Sections 12.107 and 12.128 apply as though funds under this section were funds under Subchapter D. (h) Notwithstanding any other law, for purposes of any budget reductions requested by the Legislative Budget Board or the governor, any money received by a nonprofit entity granted a charter under this subchapter or appropriated to the agency for purposes of operating an adult education program under this subchapter is considered to be part of the foundation school program and is not subject to those budget reductions. Transferred, redesignated and amended from Education Code, Section 29.259(j), (k) by Acts 2021, 87th Leg., R.S., Ch. 195 (S.B. 1615), Sec. 15(b), eff. September 1, 2023. Amended by: Acts 2023, 88th Leg., R.S., Ch. 292 (S.B. 2032), Sec. 10, eff. September 1, 2023. Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 6.005(a), eff. September 1, 2023. Acts 2025, 89th Leg., R.S., Ch. 152 (S.B. 1490), Sec. 1, eff. September 1, 2025.