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  By: Guillen, Marquez, Gonzales, Flores H.B. No. 636
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to allocation of state and federal funds for adult basic
  education.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 29.255, Education Code, is amended by
  adding Subsections (c), (d), (d-1), and (e) to read as follows:
         (c)  Notwithstanding any other provision of this subchapter,
  the agency shall allocate state and federal adult basic education
  funds, other than federal funds set aside for state administration,
  special projects, and staff development, based on need.  Funds
  available to a service area in which there is no eligible adult
  basic education service provider providing student contact hours
  shall be distributed proportionally by the agency to other eligible
  adult basic education service providers in the county. If there are
  no other eligible adult basic education service providers in the
  county, the funds allocated for that county shall be distributed
  proportionally by the agency throughout the state to eligible adult
  basic education service providers by service area.
         (d)  The agency by rule shall establish a method by which
  adult basic education service providers are paid on a student
  contact hour and student performance and completion basis. In
  adopting a method under this subsection, the agency shall require
  that the total number of eligible student contact hours must be
  based on the student's level of performance on a designated
  literacy or basic skills test so that the number of eligible student
  contact hours funded is increased for a student with a lower
  performance level.
         (d-1)  Adult basic education service providers providing
  student contact hours for the 2008-2009 school year are entitled to
  at least the same level of student contact hours in the 2009-2010
  and 2010-2011 school years as the service provider provided in the
  2008-2009 school year. This subsection expires September 1, 2011.
         (e)  The amount of state and federal adult basic education
  funds, other than federal funds set aside for state administration,
  special projects, and staff development, available for a school
  year that exceeds the amount of state and federal adult basic
  education funds, other than federal funds set aside for state
  administration, special projects, and staff development, available
  in the preceding school year shall be allocated to new student
  contact hours. The agency may not set the student contact hour rate
  for new student contact hours at a rate higher than the average rate
  for student contact hours in the preceding school year.
         SECTION 2.  This Act takes effect September 1, 2009.