(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. (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. (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. (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. (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.

(d) For purposes of the compensatory education allotment under Section 48.104, the commissioner shall:

1. (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. (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.

(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. (1) for each credit earned by a student enrolled in the adult education program during the preceding school year:

   1. (A) 0.01 for a course other than a career and technology education course; and
   2. (B) 0.02 for a career and technology education course; and
2. (2) 0.1 for each student who successfully completed the adult education program and earned a high school diploma during the preceding school year.

(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.

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.