Bill Text: TX HB8 | 2023-2024 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to public higher education, including the public junior college state finance program.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-06-09 - See remarks for effective date [HB8 Detail]
Download: Texas-2023-HB8-Introduced.html
Bill Title: Relating to public higher education, including the public junior college state finance program.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-06-09 - See remarks for effective date [HB8 Detail]
Download: Texas-2023-HB8-Introduced.html
88R6103 KJE-F | ||
By: VanDeaver | H.B. No. 8 |
|
||
|
||
relating to the administration, coordination, and support of public | ||
higher education, including the public junior college state finance | ||
program and an Advanced Career and Education (ACE) scholarship | ||
program for students enrolled in dual credit courses. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 28.009(b-2), Education Code, is amended | ||
to read as follows: | ||
(b-2) Any agreement, including a memorandum of | ||
understanding or articulation agreement, between a school district | ||
and public institution of higher education to provide a dual credit | ||
program described by Subsection (b-1) must: | ||
(1) include specific program goals aligned with the | ||
statewide goals developed under Subsection (b-1); | ||
(2) establish common advising strategies and | ||
terminology related to dual credit and college readiness; | ||
(3) provide for the alignment of endorsements | ||
described by Section 28.025(c-1) offered by the district, and dual | ||
credit courses offered under the agreement that apply towards those | ||
endorsements, with postsecondary pathways and credentials at the | ||
institution and industry certifications; | ||
(4) identify tools, including tools developed by the | ||
agency, the Texas Higher Education Coordinating Board, or the Texas | ||
Workforce Commission, to assist school counselors, students, and | ||
families in selecting endorsements offered by the district and dual | ||
credit courses offered under the agreement; | ||
(5) establish, or provide a procedure for | ||
establishing, the course credits that may be earned under the | ||
agreement, including by developing a course equivalency crosswalk | ||
or other method for equating high school courses with college | ||
courses and identifying the number of credits that may be earned for | ||
each course completed through the program; | ||
(6) describe the academic supports and, if applicable, | ||
guidance that will be provided to students participating in the | ||
program; | ||
(7) establish the district's and the institution's | ||
respective roles and responsibilities in providing the program and | ||
ensuring the quality and instructional rigor of the program; | ||
(8) state the sources of funding for courses offered | ||
under the program, including, at a minimum, the sources of funding | ||
for tuition, transportation, and any required fees or textbooks for | ||
students participating in the program; | ||
(9) require the district and the institution to | ||
consider the use of free or low-cost open educational resources in | ||
courses offered under the program; | ||
(10) ensure the accurate and timely exchange of | ||
information necessary for an eligible student to receive a | ||
scholarship under Section 28.0095; | ||
(11) be posted each year on the district's and the | ||
institution's respective Internet websites; and | ||
(12) [ |
||
district or institution as responsible for providing academic | ||
advising to a student who enrolls in a dual credit course under the | ||
program before the student begins the course. | ||
SECTION 2. Subchapter A, Chapter 28, Education Code, is | ||
amended by adding Section 28.0095 to read as follows: | ||
Sec. 28.0095. ADVANCED CAREER AND EDUCATION (ACE) | ||
SCHOLARSHIP PROGRAM. (a) In this section: | ||
(1) "Coordinating board" means the Texas Higher | ||
Education Coordinating Board. | ||
(2) "Dual credit course" includes a course offered for | ||
joint high school and junior college credit under Section 130.008. | ||
(3) "Institution of higher education" has the meaning | ||
assigned by Section 61.003. | ||
(b) The agency and the coordinating board shall jointly | ||
establish the Advanced Career and Education (ACE) scholarship | ||
program to award scholarships to eligible students enrolled in dual | ||
credit courses at participating institutions of higher education. | ||
(c) A student is eligible to receive a scholarship under the | ||
program if the student: | ||
(1) is enrolled: | ||
(A) in high school in a school district; and | ||
(B) in a dual credit course at a participating | ||
institution of higher education; and | ||
(2) was educationally disadvantaged at any time during | ||
the four school years preceding the student's enrollment in the | ||
dual credit course described by Subdivision (1)(B). | ||
(d) An institution of higher education is eligible to | ||
participate in the program only if the institution charges for each | ||
dual credit course offered by the institution an amount of tuition | ||
that does not exceed the amount prescribed by coordinating board | ||
rule for purposes of this section. | ||
(e) The amount of a scholarship under the program is equal | ||
to the amount of tuition set by coordinating board rule as described | ||
by Subsection (d) for each dual credit course in which an eligible | ||
student is enrolled. | ||
(f) Each school district shall: | ||
(1) on a high school student's enrollment in a dual | ||
credit course, determine whether the student meets the criteria for | ||
a scholarship under the program under Subsection (c)(2); and | ||
(2) notify the institution of higher education that | ||
offers the dual credit course in which the student is enrolled of | ||
the district's determination under Subdivision (1). | ||
(g) A school district may make the determination under | ||
Subsection (f)(1) based on the district's records, the agency's | ||
records, or any other method authorized by commissioner rule. If | ||
the district bases the determination on a method other than the | ||
agency's records, the district shall report the method used and the | ||
data on which the method is based to the agency for purposes of | ||
verification. | ||
(h) On receipt of notice under Subsection (f)(2), a | ||
participating institution of higher education shall certify to the | ||
agency and the coordinating board the student's eligibility for a | ||
scholarship under the program. | ||
(i) From money appropriated for the Foundation School | ||
Program, the agency shall transfer an amount equal to the total | ||
amount of scholarships for which students are eligible under this | ||
section to the coordinating board for distribution to the | ||
participating institutions of higher education in proportion to the | ||
number of eligible students enrolled in a dual credit course at the | ||
institution. | ||
(j) The commissioner and the commissioner of higher | ||
education shall coordinate as necessary to: | ||
(1) confirm an eligible student's enrollment in a | ||
participating institution of higher education; and | ||
(2) obtain or share data necessary to verify a | ||
student's eligibility under Subsection (c)(2). | ||
(k) The commissioner and the coordinating board shall adopt | ||
rules as necessary to implement this section. | ||
SECTION 3. Section 28.010(a), Education Code, is amended to | ||
read as follows: | ||
(a) Each school year, a school district shall notify the | ||
parent of each district student enrolled in grade nine or above of: | ||
(1) the availability of: | ||
(A) programs in the district under which a | ||
student may earn college credit, including advanced placement | ||
programs, dual credit programs, joint high school and college | ||
credit programs, and international baccalaureate programs; | ||
(B) career and technology education programs or | ||
other work-based education programs in the district, including any | ||
internship, externship, or apprenticeship programs or a P-TECH | ||
program under Subchapter N, Chapter 29; [ |
||
(C) subsidies based on financial need available | ||
for fees paid to take college advanced placement tests or | ||
international baccalaureate examinations under Section 28.054; and | ||
(D) scholarships for dual credit courses under | ||
Section 28.0095; and | ||
(2) the qualifications for: | ||
(A) enrolling in programs described by | ||
Subdivision (1)(A) or (B); or | ||
(B) receiving a scholarship described by | ||
Subdivision (1)(D). | ||
SECTION 4. Section 61.003(2), Education Code, is amended to | ||
read as follows: | ||
(2) "Public junior college" means any junior college | ||
listed as a public junior college [ |
||
accordance with Section 61.063 [ |
||
SECTION 5. Section 61.0571, Education Code, is amended by | ||
adding Subsections (c), (d), (e), and (f) to read as follows: | ||
(c) The board may provide administrative support and | ||
services to institutions of higher education as necessary to | ||
implement this chapter, Chapter 130, or Chapter 130A. | ||
(d) The board may establish an institutional collaboration | ||
center within the board to support the implementation of Chapter | ||
130A and the efficient and effective operations of institutions of | ||
higher education. | ||
(e) From money appropriated or otherwise available for the | ||
purpose, the board may procure goods and services for the direct | ||
benefit of an institution of higher education and enter into an | ||
interagency contract under Chapter 771, Government Code, with the | ||
institution to reimburse the board for the cost of the goods and | ||
services. | ||
(f) The board may accept gifts, grants, or donations from | ||
any public or private source to pay for goods or services procured | ||
for the direct benefit of an institution of higher education under | ||
Subsection (e). | ||
SECTION 6. Section 61.059, Education Code, is amended by | ||
adding Subsection (b-3) to read as follows: | ||
(b-3) In carrying out its duties under this section in | ||
regard to formulas used for appropriations recommendations for | ||
public junior colleges, the board shall ensure that the formulas | ||
are devised in accordance with Chapter 130A. | ||
SECTION 7. Section 61.063, Education Code, is amended to | ||
read as follows: | ||
Sec. 61.063. LISTING [ |
||
COLLEGES; ELIGIBILITY FOR STATE APPROPRIATIONS. (a) The | ||
commissioner of higher education shall file with the [ |
||
comptroller on or before September [ |
||
of each [ |
||
has certified to the board under Section 130.003 that the college is | ||
in compliance with the requirements of Subsection (b) of that | ||
section. [ |
||
(b) Only a public junior college included on the list under | ||
Subsection (a) is [ |
||
eligible for and may receive money appropriated [ |
||
SECTION 8. Sections 130.003(a), (b), (e), and (f), | ||
Education Code, are amended to read as follows: | ||
(a) There shall be appropriated biennially from money in the | ||
state treasury not otherwise appropriated an amount sufficient to | ||
supplement local funds for the proper support, maintenance, | ||
operation, and improvement of those public junior colleges of Texas | ||
that meet the standards prescribed by this chapter. The sum shall | ||
be allocated in accordance with Chapter 130A [ |
||
(b) To be eligible for and to receive money appropriated | ||
under Subsection (a) [ |
||
a public junior college must certify to the coordinating board, in | ||
the manner prescribed by coordinating board rule, that the college: | ||
(1) offers [ |
||
[ |
||
vocational and/or terminal courses; | ||
(2) collects [ |
||
[ |
||
student enrolled, tuition [ |
||
in the amounts required by law or in the amounts set by the | ||
governing board of the junior college district as authorized by | ||
this title; | ||
(3) grants [ |
||
the scholarships and tuition exemptions provided for in this code; | ||
(4) [ |
||
[ |
||
after September 1, 1986, levies and collects [ |
||
valorem taxes as provided by law for the operation and maintenance | ||
of the [ |
||
(5) has complied with all laws and coordinating board | ||
rules for the establishment and operation of a public junior | ||
college. | ||
(e) The primary purpose of each public junior [ |
||
college shall be to provide: | ||
(1) technical programs up to two years in length | ||
leading to associate degrees or certificates; | ||
(2) vocational programs leading directly to | ||
employment in semi-skilled and skilled occupations; | ||
(3) [ |
||
curriculum and field of study curriculum, as those terms are | ||
defined by Section 61.821 [ |
||
(4) continuing adult education programs for | ||
occupational or cultural upgrading; | ||
(5) compensatory education programs designed to | ||
fulfill the commitment of an admissions policy allowing the | ||
enrollment of disadvantaged students; | ||
(6) a continuing program of counseling and guidance | ||
designed to assist students in achieving their individual | ||
educational goals; | ||
(7) work force development programs designed to meet | ||
local and statewide needs; | ||
(8) adult literacy and other basic skills programs for | ||
adults; and | ||
(9) such other purposes as may be prescribed by the | ||
coordinating board [ |
||
local governing boards in the best interest of post-secondary | ||
education in this state [ |
||
(f) This section does not affect the application of [ |
||
SECTION 9. Section 130.0033(c), Education Code, is amended | ||
to read as follows: | ||
(c) Charging tuition at a reduced rate under this section | ||
does not affect the right of the public junior college to an | ||
allocation [ |
||
Section 130.003 for the contact hours attributable to students | ||
paying tuition at the reduced rate. | ||
SECTION 10. Section 130.0034(a), Education Code, is amended | ||
to read as follows: | ||
(a) The governing board of a [ |
||
district may charge a student a higher rate of tuition than the | ||
tuition that would otherwise be charged for a course in which the | ||
student enrolls if: | ||
(1) the student has previously enrolled in the same | ||
course or a course of substantially the same content and level two | ||
or more times; and | ||
(2) the student's enrollment in the course is not | ||
included in the contact hours used to determine the junior | ||
college's allocation [ |
||
under Section 130.003. | ||
SECTION 11. Section 130.0051(a), Education Code, is amended | ||
to read as follows: | ||
(a) The board of trustees of a junior college district by | ||
resolution may change the name of the district or a college within | ||
the district [ |
||
the district or college to have the same or substantially the same | ||
name as an existing district, college, or other public or private | ||
institution of higher education in this state. | ||
SECTION 12. Section 130.008(c), Education Code, is amended | ||
to read as follows: | ||
(c) The contact hours attributable to the enrollment of a | ||
high school student in a course offered for joint high school and | ||
junior college credit under this section, excluding a course for | ||
which the student attending high school may receive course credit | ||
toward the physical education curriculum requirement under Section | ||
28.002(a)(2)(C), shall be included in the contact hours used to | ||
determine the junior college's allocation [ |
||
the state money appropriated and distributed to public junior | ||
colleges under Sections 130.003 and 130.0031, even if the junior | ||
college waives all or part of the tuition or fees for the student | ||
under Subsection (b). | ||
SECTION 13. Section 130.085(b), Education Code, is amended | ||
to read as follows: | ||
(b) This action by the board of trustees does not affect | ||
their authority under Section 130.123 [ |
||
section in any way supersede that section. This action of the board | ||
does not affect the right of the college to an allocation [ |
||
[ |
||
SECTION 14. Section 130.090(c), Education Code, is amended | ||
to read as follows: | ||
(c) The grant of an exemption from tuition under Subsection | ||
(b) does not affect the right of a junior college to an allocation | ||
[ |
||
130.003 attributable to the contact hours of the junior college | ||
with the student receiving the exemption. | ||
SECTION 15. Sections 130.310(a) and (b), Education Code, | ||
are amended to read as follows: | ||
(a) Except as provided by Subsection (b), a degree program | ||
created under this subchapter may be funded solely by a public | ||
junior college's allocation [ |
||
appropriations under Section 130.003, local funds, and private | ||
sources. This subsection does not require the legislature to | ||
appropriate state funds to support a degree program created under | ||
this subchapter. The coordinating board shall weigh contact hours | ||
attributable to students enrolled in a junior-level or senior-level | ||
course offered under this subchapter used to determine a public | ||
junior college's allocation [ |
||
appropriations under Section 130.003 in the same manner as a lower | ||
division course in a corresponding field. | ||
(b) Notwithstanding Subsection (a), in its recommendations | ||
to the legislature relating to state funding for public junior | ||
colleges, the coordinating board shall recommend that a public | ||
junior college authorized to offer baccalaureate degree programs | ||
under Section 130.303(a) or 130.304 receive substantially the same | ||
state support for junior-level and senior-level courses in the | ||
fields of applied science, applied technology, dental hygiene, and | ||
nursing offered under this subchapter as that provided to a general | ||
academic teaching institution for substantially similar courses. | ||
For purposes of this subsection, in determining the contact hours | ||
attributable to students enrolled in a junior-level or senior-level | ||
course in the field of applied science, applied technology, dental | ||
hygiene, or nursing offered under this subchapter used to determine | ||
a public junior college's allocation [ |
||
appropriations under Section 130.003, the coordinating board shall | ||
weigh those contact hours as necessary to provide the junior | ||
college the appropriate level of state support to the extent state | ||
funds for those courses are included in the appropriations. This | ||
subsection does not prohibit the legislature from directly | ||
appropriating state funds to support junior-level and senior-level | ||
courses to which this subsection applies. | ||
SECTION 16. Section 130.352, Education Code, is amended to | ||
read as follows: | ||
Sec. 130.352. FORMULA FUNDING FOR WORKFORCE CONTINUING | ||
EDUCATION COURSES. Notwithstanding Section 130.003 or any other | ||
law, contact hours attributable to the enrollment of a student in a | ||
workforce continuing education course offered by a public junior | ||
college shall be included in the contact hours used to determine the | ||
college's allocation [ |
||
appropriated and distributed to public junior colleges under | ||
Sections 130.003 and 130.0031, regardless of whether the college | ||
waives all or part of the tuition or fees for the course under | ||
Section 130.354. | ||
SECTION 17. Section 130.355, Education Code, is amended to | ||
read as follows: | ||
Sec. 130.355. RULES. The coordinating board shall adopt | ||
any rules the coordinating board considers necessary for the | ||
administration of this subchapter. [ |
||
SECTION 18. Subtitle G, Title 3, Education Code, is amended | ||
by adding Chapter 130A to read as follows: | ||
CHAPTER 130A. PUBLIC JUNIOR COLLEGE STATE FINANCE PROGRAM | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 130A.001. LEGISLATIVE INTENT. It is the intent of the | ||
legislature that, as public junior colleges are locally governed | ||
institutions, providing foundational funding for instruction and | ||
operations of public junior colleges should be primarily a local | ||
responsibility, supported through a combination of tuition, fees, | ||
and local property taxes, with state funding focused primarily on | ||
rewarding outcomes aligned with regional and state education and | ||
workforce needs. | ||
Sec. 130A.002. PURPOSE. The purpose of the public junior | ||
college state finance program established under this chapter is to | ||
provide a modern and dynamic finance system that ensures that each | ||
public junior college has access to adequate state appropriations | ||
and local resources to support the education and training of the | ||
workforce of the future. | ||
Sec. 130A.003. DEFINITIONS. In this chapter: | ||
(1) "Commissioner" means the commissioner of higher | ||
education. | ||
(2) "Coordinating board" means the Texas Higher | ||
Education Coordinating Board. | ||
(3) "Program" means the public junior college state | ||
finance program established under this chapter. | ||
(4) "Public junior college" has the meaning assigned | ||
by Section 61.003. | ||
Sec. 130A.004. PROGRAM COMPONENTS. The program consists | ||
of: | ||
(1) a base tier of state and local funding determined | ||
in accordance with Subchapter B that ensures each public junior | ||
college has access to a consistent level of base funding for | ||
instruction and operations; and | ||
(2) a performance tier of state funding determined in | ||
accordance with Subchapter C that constitutes the majority of state | ||
funding and is distributed based on measurable outcomes aligned | ||
with: | ||
(A) regional and state workforce needs; and | ||
(B) state goals aligned to the state's long-range | ||
master plan for higher education developed under Section 61.051. | ||
Sec. 130A.005. ADMINISTRATION OF PROGRAM. (a) The | ||
coordinating board may adopt rules, require reporting, and take | ||
other actions consistent with Chapter 61, Chapter 130, and this | ||
chapter as necessary to implement and administer the program. | ||
(b) The coordinating board may adopt rules under this | ||
section in consultation with public junior colleges. | ||
(c) Notwithstanding Section 61.033, the coordinating board | ||
is not required to use negotiated rulemaking procedures under | ||
Chapter 2008, Government Code, for the adoption of rules under this | ||
section. | ||
Sec. 130A.006. REQUIRED REPORTING. The coordinating board | ||
by rule shall require each junior college district to report to the | ||
coordinating board through the Education Data System, Community | ||
College Annual Reporting and Analysis Tool, or any successor | ||
program, data necessary to: | ||
(1) calculate funding under this chapter; | ||
(2) provide timely data and analyses to inform | ||
management decisions by the governing body of each junior college | ||
district; or | ||
(3) administer or evaluate the effectiveness of the | ||
program. | ||
Sec. 130A.007. COMMISSIONER AUTHORITY TO RESOLVE DATA | ||
REPORTING ERRORS AND UNINTENDED CONSEQUENCES FROM FUNDING | ||
FORMULAS. (a) The commissioner may review the accuracy of contact | ||
hour and semester credit hour data reported to the coordinating | ||
board by junior college districts. | ||
(b) The commissioner may adjust: | ||
(1) the distribution of funding under this chapter for | ||
a state fiscal year as necessary to correct errors in data reporting | ||
identified through the commissioner's review under Subsection (a); | ||
and | ||
(2) a junior college district's funding under this | ||
chapter if the funding formulas used to determine the district's | ||
entitlement would result in an unanticipated loss or gain for the | ||
district that would have a substantial negative impact on the | ||
district's operations. | ||
(c) Before making an adjustment under this section, the | ||
commissioner must request and receive written approval from the | ||
Legislative Budget Board and the office of the governor. A request | ||
to make an adjustment is considered approved unless the Legislative | ||
Budget Board or the office of the governor issues a written | ||
disapproval within 60 business days after the date on which the | ||
request is received. | ||
(d) If the commissioner makes an adjustment under | ||
Subsection (b), the commissioner shall provide to the legislature | ||
an explanation regarding the changes necessary to resolve the data | ||
reporting errors or the unintended consequences, as applicable. | ||
Sec. 130A.008. CENSUS DATE ELIGIBILITY. A junior college | ||
district may report a student in attendance on the district's | ||
approved course census date for the purpose of funding under this | ||
chapter. | ||
Sec. 130A.009. RECOVERY OF OVERALLOCATED FUNDS. (a) If a | ||
junior college district has received an overallocation of state | ||
funds, the coordinating board shall recover from the district an | ||
amount equal to the overallocation by withholding from subsequent | ||
allocations of state funds for the current or subsequent academic | ||
year or by requesting and obtaining a refund from the district. | ||
(b) Notwithstanding Subsection (a), the coordinating board | ||
may recover an overallocation of state funds over a period not to | ||
exceed the subsequent five academic years if the commissioner | ||
determines that the overallocation was the result of exceptional | ||
circumstances reasonably caused by statutory changes to Chapter 130 | ||
or this chapter and related reporting requirements. | ||
(c) If a junior college district fails to comply with a | ||
request for a refund under Subsection (a), the coordinating board | ||
shall certify to the comptroller that the amount constitutes a debt | ||
for purposes of Section 403.055, Government Code. The coordinating | ||
board shall provide to the comptroller the amount of the | ||
overallocation and any other information required by the | ||
comptroller. The comptroller may certify the amount of the debt to | ||
the attorney general for collection. The junior college district's | ||
governmental immunity is waived to the extent necessary to collect | ||
the debt owed under this section. | ||
(d) Subject to Subsection (e), the coordinating board may | ||
review a junior college district as necessary to determine if the | ||
district qualifies for each amount received by the district under | ||
this chapter. If the coordinating board determines that a junior | ||
college district received an amount to which the district was not | ||
entitled, the coordinating board may establish a corrective action | ||
plan or withhold the applicable amount of funding from the | ||
district. | ||
(e) The coordinating board may not review junior college | ||
district expenditures that occurred seven or more years before the | ||
review. | ||
Sec. 130A.010. GIFTS, GRANTS, AND DONATIONS. Except as | ||
provided by other law, the coordinating board may solicit and | ||
accept gifts, grants, or donations of personal property from any | ||
public or private source to implement or administer this chapter. | ||
SUBCHAPTER B. STATE FUNDING: BASE TIER | ||
Sec. 130A.051. BASE TIER FORMULA. The amount of base tier | ||
state funding to which a junior college district is entitled for | ||
instruction and operations under this subchapter for a state fiscal | ||
year is an amount equal to the amount, if any, by which the | ||
district's guaranteed instruction and operations funding, as | ||
determined under Section 130A.052, exceeds the district's local | ||
share of base tier funding, as determined under Section 130A.056. | ||
Sec. 130A.052. GUARANTEED INSTRUCTION AND OPERATIONS | ||
FUNDING FORMULA. The amount of a junior college district's | ||
guaranteed instruction and operations funding for a state fiscal | ||
year is equal to the sum of: | ||
(1) the product of: | ||
(A) the district's basic allotment under Section | ||
130A.053; and | ||
(B) the number of weighted full-time equivalent | ||
students enrolled at the district determined in accordance with | ||
Section 130A.054; and | ||
(2) the district's contact hour funding under Section | ||
130A.055. | ||
Sec. 130A.053. BASIC ALLOTMENT. (a) The basic allotment | ||
for a junior college district for a state fiscal year is an amount | ||
per weighted full-time equivalent student set by the General | ||
Appropriations Act or other legislative appropriation. | ||
(b) The coordinating board by rule shall establish an | ||
equitable adjustment to the basic allotment for each junior college | ||
district with a total enrollment of fewer than 5,000 full-time | ||
equivalent students. | ||
(c) Not later than November 1 of each even-numbered year, a | ||
junior college district that receives an adjustment under | ||
Subsection (b) shall submit to the commissioner a report on the | ||
district's participation in institutional partnerships and shared | ||
services available under Section 61.0571 or other partnerships to | ||
reduce costs and improve operational efficiency. | ||
Sec. 130A.054. WEIGHTED FULL-TIME EQUIVALENT STUDENT. (a) | ||
The coordinating board by rule shall establish student weights for | ||
purposes of this chapter that reflect the higher cost of educating | ||
certain students. | ||
(b) The student weights must be established in a manner that | ||
results in appropriate funding to a junior college district for the | ||
education of a student enrolled in an eligible credit or non-credit | ||
program who is: | ||
(1) 25 years of age or older; | ||
(2) economically disadvantaged, as defined by | ||
coordinating board rule; or | ||
(3) academically disadvantaged, as defined by | ||
coordinating board rule. | ||
(c) The number of weighted full-time equivalent students | ||
enrolled at a junior college district for purposes of this | ||
subchapter is equal to the product of: | ||
(1) the number of full-time equivalent students | ||
enrolled in the district; and | ||
(2) the sum of the weights assigned to students | ||
enrolled in the district. | ||
Sec. 130A.055. CONTACT HOUR FUNDING. (a) The coordinating | ||
board by rule shall establish the amount of funding to be provided | ||
to a junior college district under this subchapter per contact | ||
hour. | ||
(b) The amount of funding per contact hour must be weighted | ||
by discipline to reflect the cost of providing the applicable | ||
course. | ||
Sec. 130A.056. LOCAL SHARE. (a) A junior college | ||
district's local share of base tier funding is an amount equal to | ||
the sum of the amounts of revenue that would be generated by: | ||
(1) imposing a maintenance and operations ad valorem | ||
tax in the district at a rate of $0.05; and | ||
(2) assessing an amount of tuition and fees to each | ||
student enrolled in the district equal to the statewide average | ||
amount of tuition and fees assessed by junior college districts to | ||
an equivalent student, determined as provided by coordinating board | ||
rule. | ||
(b) Notwithstanding Subsection (a), the commissioner by | ||
rule may provide that a junior college district that imposes a | ||
maintenance and operations ad valorem tax at a rate of less than | ||
$0.05 may substitute the amount of revenue generated by the | ||
district at that tax rate for the amount of revenue required under | ||
Subsection (a)(1). | ||
SUBCHAPTER C. STATE FUNDING: PERFORMANCE TIER | ||
Sec. 130A.101. PERFORMANCE TIER. (a) A junior college | ||
district is entitled to performance tier funding for a state fiscal | ||
biennium in an amount equal to the sum of the amounts determined | ||
under Subsection (b) for each measurable outcome described by | ||
Subsection (c). | ||
(b) The amount of performance tier funding for each | ||
measurable outcome described by Subsection (c) is equal to the | ||
product of: | ||
(1) the number of times that outcome was achieved by | ||
the junior college district during the preceding state fiscal | ||
biennium; | ||
(2) for an outcome described by Subsection (c)(1) or | ||
(2), the sum of the applicable student weights established by | ||
coordinating board rule under Section 130A.054 for the students who | ||
achieved the outcome at the junior college district during the | ||
preceding state fiscal biennium; and | ||
(3) the amount set by the General Appropriations Act | ||
or other legislative appropriation for the outcome. | ||
(c) The measurable outcomes considered for purposes of | ||
performance tier funding are: | ||
(1) the number of credentials of value awarded, | ||
including degrees, certificates, and other credentials from credit | ||
and non-credit programs that equip students for continued learning | ||
and greater earnings in the state economy, with an additional | ||
weight for credentials in a high-demand field, as defined by | ||
coordinating board rule; | ||
(2) the number of students who earn at least 15 | ||
semester credit hours or the equivalent at the junior college | ||
district and subsequently transfer to a general academic teaching | ||
institution, as that term is defined by Section 61.003; and | ||
(3) the number of students who complete a sequence of | ||
at least 15 semester credit hours or the equivalent for dual credit | ||
courses that apply toward academic and workforce program | ||
requirements at the postsecondary level. | ||
SECTION 19. Sections 61.0593 and 130.003(d), Education | ||
Code, are repealed. | ||
SECTION 20. Sections 28.009(b-2) and 28.010(a), Education | ||
Code, as amended by this Act, and Section 28.0095, Education Code, | ||
as added by this Act, apply beginning with the 2023-2024 school | ||
year. | ||
SECTION 21. The Texas Higher Education Coordinating Board | ||
may identify rules required by the passage of Chapter 130A, | ||
Education Code, as added by this Act, that must be adopted on an | ||
emergency basis for purposes of the state fiscal year beginning | ||
September 1, 2023, and may use the procedures established under | ||
Section 2001.034, Government Code, for adopting those rules. The | ||
coordinating board is not required to make the finding described by | ||
Section 2001.034(a), Government Code, to adopt emergency rules | ||
under this section. | ||
SECTION 22. (a) Except as provided by Subsection (b) of | ||
this section, this Act takes effect September 1, 2023, and applies | ||
to the allocation of state funding to junior college districts | ||
beginning with the state fiscal biennium beginning September 1, | ||
2023. | ||
(b) Sections 28.009(b-2) and 28.010(a), Education Code, as | ||
amended by this Act, and Section 28.0095, Education Code, as added | ||
by this Act, take effect immediately if this Act 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, those provisions | ||
take effect September 1, 2023. |