Bill Text: TX HB3 | 2019-2020 | 86th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to public school finance and public education; creating a criminal offense; authorizing the imposition of a fee.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-12 - See remarks for effective date [HB3 Detail]
Download: Texas-2019-HB3-Introduced.html
Bill Title: Relating to public school finance and public education; creating a criminal offense; authorizing the imposition of a fee.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-12 - See remarks for effective date [HB3 Detail]
Download: Texas-2019-HB3-Introduced.html
86R10360 MEW/KJE/CJC/TSR-F | ||
By: Huberty | H.B. No. 3 |
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relating to public school finance and public education. | |||||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |||||
ARTICLE 1. PUBLIC SCHOOL FINANCE | |||||
SECTION 1.001. Section 12.106, Education Code, is amended | |||||
by amending Subsections (a) and (a-1) and adding Subsection (a-3) | |||||
to read as follows: | |||||
(a) A charter holder is entitled to receive for the | |||||
open-enrollment charter school funding under Chapter 48 [ |
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to the amount of funding per student in weighted average daily | |||||
attendance, excluding the allotment under Section 48.101 and | |||||
enrichment funding under Section 48.202(a) [ |
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the charter holder would be entitled for the school under Chapter 48 | |||||
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share for purposes of Section 48.266 [ |
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(a-1) In determining funding for an open-enrollment charter | |||||
school under Subsection (a): | |||||
(1) the adjustment [ |
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is [ |
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adjustment for the state; and | |||||
(2) the charter holder is entitled to an [ |
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adjustment under former Section 42.103 [ |
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adjustment for the state that would have been provided under that | |||||
section as it existed on January 1, 2018. | |||||
(a-3) In addition to the funding provided by Subsections (a) | |||||
and (a-2), a charter holder is entitled to receive funding for the | |||||
open-enrollment charter school under Subchapter D, Chapter 48, if | |||||
the charter holder would be entitled to the funding if the school | |||||
were a school district. | |||||
SECTION 1.002. Section 25.084, Education Code, is amended | |||||
by amending Subsection (b) and adding Subsection (c) to read as | |||||
follows: | |||||
(b) Except as provided by Subsection (c), the [ |
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operation of schools year-round by a district does not affect the | |||||
amount of state funds to which the district is entitled under | |||||
Chapter 48 [ |
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(c) A district that adopts a year-round system under this | |||||
section may receive the incentive aid under Section 25.0841 if the | |||||
district meets the criteria for receiving the incentive under that | |||||
section. | |||||
SECTION 1.003. Subchapter C, Chapter 25, Education Code, is | |||||
amended by adding Section 25.0841 to read as follows: | |||||
Sec. 25.0841. INCENTIVE FOR ADDITIONAL INSTRUCTIONAL DAYS. | |||||
(a) The commissioner shall adjust the average daily attendance of a | |||||
school district under Section 48.005 in the manner provided by | |||||
Subsection (b) if the district: | |||||
(1) provides the minimum number of minutes of | |||||
operational and instructional time required under Section 25.081 | |||||
and commissioner rules adopted under that section over at least 180 | |||||
days of instruction; and | |||||
(2) offers an additional 30 days of half-day | |||||
instruction for students enrolled in prekindergarten through fifth | |||||
grade. | |||||
(b) For a school district described by Subsection (a), the | |||||
commissioner shall increase the average daily attendance of the | |||||
district under Section 48.005 by the amount that results from the | |||||
quotient of the sum of attendance for each of the 30 additional | |||||
instructional days of half-day instruction that are provided | |||||
divided by 30. | |||||
(c) The commissioner may provide the incentive under this | |||||
section to a school district that intended, but due to | |||||
circumstances beyond the district's control, including the | |||||
occurrence of a natural disaster affecting the district, was unable | |||||
to meet the requirement for instruction under Section 25.081 plus | |||||
an additional 30 days of half-day instruction. The commissioner | |||||
may proportionately reduce the incentive provided to a district | |||||
described by this subsection. | |||||
(d) The commissioner shall adopt rules necessary for the | |||||
implementation of this section. | |||||
SECTION 1.004. Section 30.003, Education Code, is amended | |||||
by amending Subsection (f-1) and adding Subsection (f-2) to read as | |||||
follows: | |||||
(f-1) The commissioner shall determine the total amount | |||||
that the Texas School for the Blind and Visually Impaired and the | |||||
Texas School for the Deaf would have received from school districts | |||||
in accordance with this section if the following provisions had not | |||||
reduced the districts' share of the cost of providing education | |||||
services: | |||||
(1) H.B. No. 1, Acts of the 79th Legislature, 3rd | |||||
Called Session, 2006; | |||||
(2) Section 45.0032; and | |||||
(3) Section 48.255. | |||||
(f-2) The amount determined under Subsection (f-1), [ |
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from school districts, shall be set aside as a separate account in | |||||
the foundation school fund and appropriated to those schools for | |||||
educational purposes. | |||||
SECTION 1.005. Sections 45.003(d) and (f), Education Code, | |||||
are amended to read as follows: | |||||
(d) A proposition submitted to authorize the levy of | |||||
maintenance taxes must include the question of whether the | |||||
governing board or commissioners court may levy, assess, and | |||||
collect annual ad valorem taxes for the further maintenance of | |||||
public schools, at a rate not to exceed the rate stated in the | |||||
proposition. For any year, the maintenance tax rate per $100 of | |||||
taxable value adopted by the district may not exceed the rate equal | |||||
to the sum of: | |||||
(1) $0.17; and | |||||
(2) the product of the state compression percentage, | |||||
as determined under Section 48.255 [ |
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(f) Notwithstanding any other law, a district that levied a | |||||
maintenance tax for the 2005 tax year at a rate greater than $1.50 | |||||
per $100 of taxable value in the district as permitted by special | |||||
law may not levy a maintenance tax at a rate that exceeds the rate | |||||
per $100 of taxable value that is equal to the sum of: | |||||
(1) $0.17; and | |||||
(2) the product of the state compression percentage, | |||||
as determined under Section 48.255 [ |
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product of 66.67 percent multiplied by the rate of the maintenance | |||||
tax levied by the district for the 2005 tax year. | |||||
SECTION 1.006. Subchapter A, Chapter 45, Education Code, is | |||||
amended by adding Section 45.0032 to read as follows: | |||||
Sec. 45.0032. COMPONENTS OF MAINTENANCE AND OPERATIONS TAX. | |||||
(a) Except as provided by Section 45.003(f), a school district's | |||||
tier one maintenance and operations tax rate is the portion of the | |||||
district's total tax rate for maintenance and operations that does | |||||
not exceed the product of the state compression percentage, as | |||||
determined under Section 48.255, multiplied by $1.00. | |||||
(b) A district's enrichment tax rate consists of: | |||||
(1) any cents of additional maintenance and operations | |||||
tax effort, not to exceed eight cents over the tax rate described by | |||||
Subsection (a); and | |||||
(2) any cents of additional maintenance and operations | |||||
tax effort available to a district that exceeds the tax rate | |||||
described by Subsection (a) and Subdivision (1). | |||||
(c) For a district to which Section 45.003(f) applies, the | |||||
reference to a value of $1.00 under Subsection (a) is replaced with | |||||
the value equal to the product of 66.67 percent multiplied by the | |||||
maintenance and operations tax rate adopted by the district for the | |||||
2005 tax year. | |||||
(d) Notwithstanding the provisions of this section, a | |||||
school district with maintenance and operations taxes at the tax | |||||
rate described by Section 48.202(a-1)(2) for the 2018-2019 school | |||||
year, that, after applying Subsection (a) to the district's tax | |||||
rate, does not comply with Subsection (b), is entitled to: | |||||
(1) for the 2019-2020 school year, the dollar amount | |||||
guaranteed level of state and local funds per weighted student per | |||||
cent of tax effort at the tax rate described by Section | |||||
48.202(a-1)(2); and | |||||
(2) for the 2020-2021 school year and each subsequent | |||||
school year, the dollar amount guaranteed level of state and local | |||||
funds per weighted student per cent of tax effort at the tax rate | |||||
described by Section 48.202(a-1)(1) for one cent of tax effort at | |||||
the tax rate described under Subdivision (1) until the district | |||||
complies with Subsection (b). | |||||
SECTION 1.007. Subtitle I, Title 2, Education Code, is | |||||
amended by adding Chapter 48, and a heading is added to that chapter | |||||
to read as follows: | |||||
CHAPTER 48. FOUNDATION SCHOOL PROGRAM | |||||
SECTION 1.008. Chapter 48, Education Code, as added by this | |||||
Act, is amended by adding Subchapter A, and a heading is added to | |||||
that subchapter to read as follows: | |||||
SUBCHAPTER A. GENERAL PROVISIONS | |||||
SECTION 1.009. Sections 42.001, 42.002, 42.003, 42.004, | |||||
42.005, 42.0051, and 42.0052, Education Code, are transferred to | |||||
Subchapter A, Chapter 48, Education Code, as added by this Act, | |||||
redesignated as Sections 48.001, 48.002, 48.003, 48.004, 48.005, | |||||
48.006, and 48.007, Education Code, and amended to read as follows: | |||||
Sec. 48.001 [ |
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of this state that the provision of public education is a state | |||||
responsibility and that a thorough and efficient system be provided | |||||
and substantially financed through state revenue sources so that | |||||
each student enrolled in the public school system shall have access | |||||
to programs and services that are appropriate to the student's | |||||
educational needs and that are substantially equal to those | |||||
available to any similar student, notwithstanding varying local | |||||
economic factors. | |||||
(b) The public school finance system of this state shall | |||||
adhere to a standard of neutrality that provides for substantially | |||||
equal access to similar revenue per student at similar tax effort, | |||||
considering all state and local tax revenues of districts after | |||||
acknowledging all legitimate student and district cost | |||||
differences. | |||||
Sec. 48.002 [ |
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PROGRAM. (a) The purposes of the Foundation School Program set | |||||
forth in this chapter are to guarantee that each school district in | |||||
the state has: | |||||
(1) adequate resources to provide each eligible | |||||
student a basic instructional program and facilities suitable to | |||||
the student's educational needs; and | |||||
(2) access to a substantially equalized program of | |||||
financing in excess of basic costs for certain services, as | |||||
provided by this chapter. | |||||
(b) The Foundation School Program consists of: | |||||
(1) two tiers that in combination provide for: | |||||
(A) sufficient financing for all school | |||||
districts to provide a basic program of education that is rated | |||||
acceptable or higher under Section 39.054 and meets other | |||||
applicable legal standards; and | |||||
(B) substantially equal access to funds to | |||||
provide an enriched program; and | |||||
(2) a facilities component as provided by Chapter 46. | |||||
Sec. 48.003 [ |
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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 has not graduated from high school, 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 | |||||
(2) is at least 19 years of age and under 26 years of | |||||
age and is enrolled in an adult high school diploma and industry | |||||
certification charter school pilot program under Section 29.259. | |||||
(b) A student to whom Subsection (a) does not apply is | |||||
entitled to the benefits of the Foundation School Program if the | |||||
student is enrolled in a prekindergarten class under Section 29.153 | |||||
or Subchapter E-1, Chapter 29. | |||||
(c) A child may be enrolled in the first grade if the child | |||||
is at least six years of age at the beginning of the school year of | |||||
the district or has been enrolled in the first grade or has | |||||
completed kindergarten in the public schools in another state | |||||
before transferring to a public school in this state. | |||||
(d) Notwithstanding Subsection (a), a student younger than | |||||
five years of age is entitled to the benefits of the Foundation | |||||
School Program if: | |||||
(1) the student performs satisfactorily on the | |||||
assessment instrument administered under Section 39.023(a) to | |||||
students in the third grade; and | |||||
(2) the district has adopted a policy for admitting | |||||
students younger than five years of age. | |||||
Sec. 48.004 [ |
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commissioner[ |
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implement and administer the Foundation School Program. | |||||
Sec. 48.005 [ |
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this chapter, average daily attendance is: | |||||
(1) the quotient of the sum of attendance for each day | |||||
of the minimum number of days of instruction as described under | |||||
Section 25.081(a) divided by the minimum number of days of | |||||
instruction; | |||||
(2) for a district that operates under a flexible year | |||||
program under Section 29.0821, the quotient of the sum of | |||||
attendance for each actual day of instruction as permitted by | |||||
Section 29.0821(b)(1) divided by the number of actual days of | |||||
instruction as permitted by Section 29.0821(b)(1); | |||||
(3) for a district that operates under a flexible | |||||
school day program under Section 29.0822, the average daily | |||||
attendance as calculated by the commissioner in accordance with | |||||
Sections 29.0822(d) and (d-1); or | |||||
(4) for a district that operates a full-day program | |||||
under Section 29.153(c) or a half-day program, one-half of the | |||||
average daily attendance calculated under Subdivision (1). | |||||
(b) A school district that experiences a decline of two | |||||
percent or more in average daily attendance shall be funded on the | |||||
basis of: | |||||
(1) the actual average daily attendance of the | |||||
preceding school year, if the decline is the result of the closing | |||||
or reduction in personnel of a military base; or | |||||
(2) subject to Subsection (e), an average daily | |||||
attendance not to exceed 98 percent of the actual average daily | |||||
attendance of the preceding school year, if the decline is not the | |||||
result of the closing or reduction in personnel of a military base. | |||||
(c) The commissioner shall adjust the average daily | |||||
attendance of a school district that has a significant percentage | |||||
of students who are migratory children as defined by 20 U.S.C. | |||||
Section 6399. | |||||
(c-1) The commissioner shall adjust the average daily | |||||
attendance of a school district that qualifies for the incentive | |||||
for additional instructional days under Section 25.0841 in the | |||||
manner provided by that section. | |||||
(d) The commissioner may adjust the average daily | |||||
attendance of a school district in which a disaster, flood, extreme | |||||
weather condition, fuel curtailment, or other calamity has a | |||||
significant effect on the district's attendance. | |||||
(e) For each school year, the commissioner shall adjust the | |||||
average daily attendance of school districts that are entitled to | |||||
funding on the basis of an adjusted average daily attendance under | |||||
Subsection (b)(2) so that: | |||||
(1) all districts are funded on the basis of the same | |||||
percentage of the preceding year's actual average daily attendance; | |||||
and | |||||
(2) the total cost to the state does not exceed the | |||||
amount specifically appropriated for that year for purposes of | |||||
Subsection (b)(2). | |||||
(f) An open-enrollment charter school is not entitled to | |||||
funding based on an adjustment under Subsection (b)(2). | |||||
(g) If a student may receive course credit toward the | |||||
student's high school academic requirements and toward the | |||||
student's higher education academic requirements for a single | |||||
course, including a course provided under Section 28.009 by a | |||||
public institution of higher education, the time during which the | |||||
student attends the course shall be counted as part of the minimum | |||||
number of instructional hours required for a student to be | |||||
considered a full-time student in average daily attendance for | |||||
purposes of this section. | |||||
(g-1) The commissioner shall adopt rules to calculate | |||||
average daily attendance for students participating in a blended | |||||
learning program in which classroom instruction is supplemented | |||||
with applied workforce learning opportunities, including | |||||
participation of students in internships, externships, and | |||||
apprenticeships. | |||||
(h) Subject to rules adopted by the commissioner under | |||||
Section 48.007(b) [ |
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an off-campus instructional program approved under Section | |||||
48.007(a) [ |
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number of instructional hours required for a student to be | |||||
considered a full-time student in average daily attendance for | |||||
purposes of this section. | |||||
(i) A district or a charter school operating under Chapter | |||||
12 that operates a prekindergarten program is eligible to receive | |||||
one-half of average daily attendance under Subsection (a) if the | |||||
district's or charter school's prekindergarten program provides at | |||||
least 32,400 minutes of instructional time to students. | |||||
(j) A district or charter school is eligible to earn full | |||||
average daily attendance under Subsection (a) if the district or | |||||
school provides at least 43,200 minutes of instructional time to | |||||
students enrolled in: | |||||
(1) a dropout recovery school or program operating | |||||
under Section 12.1141(c) or Section 39.0548; | |||||
(2) an alternative education program operating under | |||||
Section 37.008; | |||||
(3) a school program located at a day treatment | |||||
facility, residential treatment facility, psychiatric hospital, or | |||||
medical hospital; | |||||
(4) a school program offered at a correctional | |||||
facility; or | |||||
(5) a school operating under Section 29.259. | |||||
(k) A charter school operating under a charter granted under | |||||
Chapter 12 before January 1, 2015, is eligible to earn full average | |||||
daily attendance under Subsection (a), as that subsection existed | |||||
immediately before January 1, 2015, for: | |||||
(1) all campuses of the charter school operating | |||||
before January 1, 2015; and | |||||
(2) any campus or site expansion approved on or after | |||||
January 1, 2015, provided that the charter school received an | |||||
academic accountability performance rating of C or higher, and the | |||||
campus or site expansion is approved by the commissioner. | |||||
(l) A school district campus or charter school described by | |||||
Subsection (j) may operate more than one program and be eligible for | |||||
full average daily attendance for each program if the programs | |||||
operated by the district campus or charter school satisfy all | |||||
applicable state and federal requirements. | |||||
(m) The commissioner shall adopt rules necessary to | |||||
implement this section, including rules that: | |||||
(1) establish the minimum amount of instructional time | |||||
per day that allows a school district or charter school to be | |||||
eligible for full average daily attendance, which may differ based | |||||
on the instructional program offered by the district or charter | |||||
school; | |||||
(2) establish the requirements necessary for a school | |||||
district or charter school to be eligible for one-half of average | |||||
daily attendance, which may differ based on the instructional | |||||
program offered by the district or charter school; and | |||||
(3) proportionally reduce the average daily | |||||
attendance for a school district if any campus or instructional | |||||
program in the district provides fewer than the required minimum | |||||
minutes of instruction to students. | |||||
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Sec. 48.006 [ |
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DISTRICTS IN DISASTER AREA. (a) From funds specifically | |||||
appropriated for the purpose or other funds available to the | |||||
commissioner for that purpose, the commissioner shall adjust the | |||||
average daily attendance of a school district all or part of which | |||||
is located in an area declared a disaster area by the governor under | |||||
Chapter 418, Government Code, if the district experiences a decline | |||||
in average daily attendance that is reasonably attributable to the | |||||
impact of the disaster. | |||||
(b) The adjustment must be sufficient to ensure that the | |||||
district receives funding comparable to the funding that the | |||||
district would have received if the decline in average daily | |||||
attendance reasonably attributable to the impact of the disaster | |||||
had not occurred. | |||||
(c) The commissioner shall make the adjustment required by | |||||
this section for the two-year period following the date of the | |||||
governor's initial proclamation or executive order declaring the | |||||
state of disaster. | |||||
(d) Section 48.005(b)(2) [ |
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district that receives an adjustment under this section. | |||||
(e) A district that receives an adjustment under this | |||||
section may not receive any additional adjustment under Section | |||||
48.005(d) [ |
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on which the adjustment under this section is based. | |||||
(f) For purposes of this title, a district's adjusted | |||||
average daily attendance under this section is considered to be the | |||||
district's average daily attendance as determined under Section | |||||
48.005 [ |
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Sec. 48.007 [ |
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PURPOSES OF AVERAGE DAILY ATTENDANCE. (a) The commissioner may, | |||||
based on criteria developed by the commissioner, approve | |||||
instructional programs provided off campus by an entity other than | |||||
a school district or open-enrollment charter school as a program in | |||||
which participation by a student of a district or charter school may | |||||
be counted for purposes of determining average daily attendance in | |||||
accordance with Section 48.005(h) [ |
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(b) The commissioner shall adopt by rule verification and | |||||
reporting procedures concerning time spent by students | |||||
participating in instructional programs approved under Subsection | |||||
(a). | |||||
SECTION 1.010. Sections 42.006(a), (b), (c), and (d), | |||||
Education Code, are transferred to Subchapter A, Chapter 48, | |||||
Education Code, as added by this Act, redesignated as Section | |||||
48.008, Education Code, and amended to read as follows: | |||||
Sec. 48.008. PUBLIC EDUCATION INFORMATION MANAGEMENT | |||||
SYSTEM (PEIMS). (a) Each school district shall participate in the | |||||
Public Education Information Management System (PEIMS) and shall | |||||
provide through that system information required for the | |||||
administration of this chapter and of other appropriate provisions | |||||
of this code. | |||||
(b) Each school district shall use a uniform accounting | |||||
system adopted by the commissioner for the data required to be | |||||
reported for the Public Education Information Management System. | |||||
(c) Annually, the commissioner shall review the Public | |||||
Education Information Management System and shall repeal or amend | |||||
rules that require school districts to provide information through | |||||
the Public Education Information Management System that is not | |||||
necessary. In reviewing and revising the Public Education | |||||
Information Management System, the commissioner shall develop | |||||
rules to ensure that the system: | |||||
(1) provides useful, accurate, and timely information | |||||
on student demographics and academic performance, personnel, and | |||||
school district finances; | |||||
(2) contains only the data necessary for the | |||||
legislature and the agency to perform their legally authorized | |||||
functions in overseeing the public education system; and | |||||
(3) does not contain any information related to | |||||
instructional methods, except as provided by Section 29.066 or | |||||
required by federal law. | |||||
(d) The commissioner's rules must ensure that the Public | |||||
Education Information Management System links student performance | |||||
data to other related information for purposes of efficient and | |||||
effective allocation of scarce school resources, to the extent | |||||
practicable using existing agency resources and appropriations. | |||||
SECTION 1.011. Sections 42.006(a-1), (a-3), and (a-4), | |||||
Education Code, Section 42.006(a-2), Education Code, as added by | |||||
Chapter 550 (S.B. 490), Acts of the 85th Legislature, Regular | |||||
Session, 2017, and Section 42.006(a-2), as added by Chapter 916 | |||||
(S.B. 1404), Acts of the 85th Legislature, Regular Session, 2017, | |||||
are transferred to Subchapter A, Chapter 48, Education Code, as | |||||
added by this Act, redesignated as Section 48.009, Education Code, | |||||
and amended to read as follows: | |||||
Sec. 48.009. REQUIRED PEIMS REPORTING. (a) In this | |||||
section, "full-time equivalent school counselor" means 40 hours of | |||||
counseling services a week. | |||||
(b) [ |
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school district and open-enrollment charter school to report | |||||
through the Public Education Information Management System | |||||
information regarding: | |||||
(1) the number of students enrolled in the district or | |||||
school who are identified as having dyslexia; | |||||
(2) [ |
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counselors, [ |
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(3) [ |
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opportunities as described by Section 33.252 at each campus; [ |
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(4) [ |
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of the categories of expanded learning opportunities listed under | |||||
Section 33.252(b) at each campus; | |||||
(5) [ |
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students described by Subdivision (6) [ |
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in the district or school with whom the district or school, as | |||||
applicable, used intervention strategies, as that term is defined | |||||
by Section 26.004, at any time during the year for which the report | |||||
is made; and | |||||
(6) [ |
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[ |
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|
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district or school to whom the district or school provided aids, | |||||
accommodations, or services under Section 504, Rehabilitation Act | |||||
of 1973 (29 U.S.C. Section 794), at any time during the year for | |||||
which the report is made. | |||||
(c) The agency shall maintain the information provided in | |||||
accordance with this section [ |
|||||
SECTION 1.012. Section 42.009, Education Code, is | |||||
transferred to Subchapter A, Chapter 48, Education Code, as added | |||||
by this Act, redesignated as Section 48.010, Education Code, and | |||||
amended to read as follows: | |||||
Sec. 48.010 [ |
|||||
(a) Not later than July 1 of each year, the commissioner shall | |||||
determine for each school district whether the estimated amount of | |||||
state and local funding per student in weighted average daily | |||||
attendance to be provided to the district under the Foundation | |||||
School Program for maintenance and operations for the following | |||||
school year is less than the amount provided to the district for the | |||||
2010-2011 school year. If the amount estimated to be provided is | |||||
less, the commissioner shall certify the percentage decrease in | |||||
funding to be provided to the district. | |||||
(b) In making the determinations regarding funding levels | |||||
required by Subsection (a), the commissioner shall: | |||||
(1) make adjustments as necessary to reflect changes | |||||
in a school district's maintenance and operations tax rate; | |||||
(2) for a district required to [ |
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|
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[ |
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determinations on the district's net funding levels after deducting | |||||
any amounts required to be expended by the district to comply with | |||||
Chapter 49 [ |
|||||
(3) determine a district's weighted average daily | |||||
attendance in accordance with this chapter as it existed on January | |||||
1, 2011. | |||||
SECTION 1.013. Subchapter A, Chapter 48, Education Code, as | |||||
added by this Act, is amended by adding Section 48.011 to read as | |||||
follows: | |||||
Sec. 48.011. COMMISSIONER AUTHORITY TO RESOLVE UNINTENDED | |||||
CONSEQUENCES FROM SCHOOL FINANCE FORMULAS. (a) Subject to | |||||
Subsections (b) and (d), the commissioner may adjust a school | |||||
district's funding entitlement under this chapter if the funding | |||||
formulas used to determine the district's entitlement result in an | |||||
unanticipated loss or gain for a district. | |||||
(b) Before making an adjustment under Subsection (a), the | |||||
commissioner shall notify the office of the governor and the | |||||
Legislative Budget Board. If, not later than the 30th day after the | |||||
date the office of the governor and the Legislative Budget Board | |||||
receive notice under this subsection, the commissioner does not | |||||
receive disapproval from either of the entities, the commissioner | |||||
may make the adjustment. | |||||
(c) Each biennium in which the commissioner makes an | |||||
adjustment under Subsection (a), the commissioner must provide to | |||||
the district an explanation regarding the changes necessary to | |||||
resolve the unintended consequences. | |||||
(d) Beginning with the 2023-2024 school year, the | |||||
commissioner may not make an adjustment under Subsection (a). | |||||
(e) This section expires September 1, 2025. | |||||
SECTION 1.014. Chapter 48, Education Code, as added by this | |||||
Act, is amended by adding Subchapter B, and a heading is added to | |||||
that subchapter to read as follows: | |||||
SUBCHAPTER B. BASIC ENTITLEMENT | |||||
SECTION 1.015. Sections 42.101, 42.105, and 42.106, | |||||
Education Code, are transferred to Subchapter B, Chapter 48, | |||||
Education Code, as added by this Act, redesignated as Sections | |||||
48.051, 48.052, and 48.053, Education Code, and amended to read as | |||||
follows: | |||||
Sec. 48.051 [ |
|||||
student in average daily attendance, not including the time | |||||
students spend each day in special education programs in an | |||||
instructional arrangement other than mainstream or career and | |||||
technology education programs, for which an additional allotment is | |||||
made under Subchapter C, a district is entitled to an allotment | |||||
equal to the lesser of $6,030 [ |
|||||
from the following formula: | |||||
A = $6,030 [ |
|||||
where: | |||||
"A" is the allotment to which a district is entitled; | |||||
"TR" [ |
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operations [ |
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|
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|
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and | |||||
"MCR" is the state maximum compressed tax rate, which is the | |||||
product of the state compression percentage, as determined under | |||||
Section 48.255 [ |
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[ |
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(b) A greater amount for any school year may be provided by | |||||
appropriation. | |||||
[ |
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[ |
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Sec. 48.052 [ |
|||||
Notwithstanding Section 48.051 [ |
|||||
|
|||||
average daily attendance shall be provided a [ |
|||||
allotment on the basis of 130 students in average daily attendance | |||||
if it offers a kindergarten through grade 12 program and has | |||||
preceding or current year's average daily attendance of at least 90 | |||||
students or is 30 miles or more by bus route from the nearest high | |||||
school district. A district offering a kindergarten through grade 8 | |||||
program whose preceding or current year's average daily attendance | |||||
was at least 50 students or which is 30 miles or more by bus route | |||||
from the nearest high school district shall be provided a [ |
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|
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daily attendance. An average daily attendance of 60 students shall | |||||
be the basis of providing the [ |
|||||
district offers a kindergarten through grade 6 program and has | |||||
preceding or current year's average daily attendance of at least 40 | |||||
students or is 30 miles or more by bus route from the nearest high | |||||
school district. | |||||
(b) Subsection (c) applies only to a school district that: | |||||
(1) does not offer each grade level from kindergarten | |||||
through grade 12 and whose prospective or former students generally | |||||
attend school in a state that borders this state for the grade | |||||
levels the district does not offer; | |||||
(2) serves both students residing in this state and | |||||
students residing in a state that borders this state who are | |||||
subsequently eligible for in-state tuition rates at institutions of | |||||
higher education in either state regardless of the state in which | |||||
the students reside; and | |||||
(3) shares students with an out-of-state district that | |||||
does not offer competing instructional services. | |||||
(c) Notwithstanding Subsection (a) or Section 48.051 | |||||
[ |
|||||
this subsection applies, as provided by Subsection (b), that has | |||||
fewer than 130 students in average daily attendance shall be | |||||
provided a [ |
|||||
students in average daily attendance if it offers a kindergarten | |||||
through grade four program and has preceding or current year's | |||||
average daily attendance of at least 75 students or is 30 miles or | |||||
more by bus route from the nearest high school district. | |||||
Sec. 48.053 [ |
|||||
OFFERING ALL GRADE LEVELS. A school district that contracts for | |||||
students residing in the district to be educated in another | |||||
district under Section 25.039(a) is entitled to receive an | |||||
allotment equal to the total amount of tuition required to be paid | |||||
by the district under Section 25.039, not to exceed the amount | |||||
specified by commissioner rule under Section 25.039(b). | |||||
SECTION 1.016. Chapter 48, Education Code, as added by this | |||||
Act, is amended by adding Subchapter C, and a heading is added to | |||||
that subchapter to read as follows: | |||||
SUBCHAPTER C. STUDENT-BASED ALLOTMENTS | |||||
SECTION 1.017. Subchapter C, Chapter 48, Education Code, as | |||||
added by this Act, is amended by adding Section 48.101 to read as | |||||
follows: | |||||
Sec. 48.101. SMALL AND MID-SIZED DISTRICT ALLOTMENT. (a) | |||||
Small and mid-sized districts are entitled to an annual allotment | |||||
in accordance with this section. In this section: | |||||
(1) "AA" is the district's annual allotment per | |||||
student; | |||||
(2) "ADA" is the number of students in average daily | |||||
attendance for which the district is entitled to an allotment under | |||||
Section 48.051; | |||||
(3) "BA" is the basic allotment determined under | |||||
Section 48.051; and | |||||
(4) "SS" is the small-sized district allotment | |||||
determined under Subsection (b). | |||||
(b) A school district that has more than 450 but not more | |||||
than 1,600 students in average daily attendance is entitled to an | |||||
annual allotment for each student in average daily attendance based | |||||
on the following formula: | |||||
AA = ((1,600 - ADA) X .0004) X BA | |||||
(c) A school district that has not more than 450 students in | |||||
average daily attendance is entitled to an annual allotment for | |||||
each student in average daily attendance based on the following | |||||
formula: | |||||
AA = (1 + ((450 - ADA) X .00015)) X SS | |||||
(d) A school district that offers a kindergarten through | |||||
grade 12 program and has less than 5,000 students in average daily | |||||
attendance is entitled to an annual allotment for each student in | |||||
average daily attendance based on the formula, of the following | |||||
formulas, that results in the greatest annual allotment: | |||||
(1) the formula in Subsection (b) or (c) for which the | |||||
district is eligible; or | |||||
(2) AA = ((5,000 - ADA) X .000025) X BA. | |||||
SECTION 1.018. Section 42.151, Education Code, is | |||||
transferred to Subchapter C, Chapter 48, Education Code, as added | |||||
by this Act, redesignated as Section 48.102, Education Code, and | |||||
amended to read as follows: | |||||
Sec. 48.102 [ |
|||||
student in average daily attendance in a special education program | |||||
under Subchapter A, Chapter 29, in a mainstream instructional | |||||
arrangement, a school district is entitled to an annual allotment | |||||
equal to the [ |
|||||
full-time equivalent student in average daily attendance in a | |||||
special education program under Subchapter A, Chapter 29, in an | |||||
instructional arrangement other than a mainstream instructional | |||||
arrangement, a district is entitled to an annual allotment equal to | |||||
the [ |
|||||
according to instructional arrangement as follows: | |||||
Homebound5.0 | |||||
Hospital class3.0 | |||||
Speech therapy5.0 | |||||
Resource room3.0 | |||||
Self-contained, mild and moderate, | |||||
regular campus3.0 | |||||
Self-contained, severe, regular campus3.0 | |||||
Off home campus2.7 | |||||
Nonpublic day school1.7 | |||||
Vocational adjustment class2.3 | |||||
(b) A special instructional arrangement for students with | |||||
disabilities residing in care and treatment facilities, other than | |||||
state schools, whose parents or guardians do not reside in the | |||||
district providing education services shall be established by | |||||
commissioner rule [ |
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|
|||||
for those students who receive their education service on a local | |||||
school district campus. A special instructional arrangement for | |||||
students with disabilities residing in state schools shall be | |||||
established by commissioner rule [ |
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|
|||||
(c) For funding purposes, the number of contact hours | |||||
credited per day for each student in the off home campus | |||||
instructional arrangement may not exceed the contact hours credited | |||||
per day for the multidistrict class instructional arrangement in | |||||
the 1992-1993 school year. | |||||
(d) For funding purposes the contact hours credited per day | |||||
for each student in the resource room; self-contained, mild and | |||||
moderate; and self-contained, severe, instructional arrangements | |||||
may not exceed the average of the statewide total contact hours | |||||
credited per day for those three instructional arrangements in the | |||||
1992-1993 school year. | |||||
(e) The commissioner [ |
|||||
shall prescribe the qualifications an instructional arrangement | |||||
must meet in order to be funded as a particular instructional | |||||
arrangement under this section. In prescribing the qualifications | |||||
that a mainstream instructional arrangement must meet, the | |||||
commissioner [ |
|||||
with disabilities and their teachers receive the direct, indirect, | |||||
and support services that are necessary to enrich the regular | |||||
classroom and enable student success. | |||||
(f) In this section, "full-time equivalent student" means | |||||
30 hours of contact a week between a special education student and | |||||
special education program personnel. | |||||
(g) The commissioner [ |
|||||
rules and procedures governing contracts for residential placement | |||||
of special education students. The legislature shall provide by | |||||
appropriation for the state's share of the costs of those | |||||
placements. | |||||
(h) Funds allocated under this section, other than an | |||||
indirect cost allotment established by commissioner [ |
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|
|||||
program under Subchapter A, Chapter 29. | |||||
(i) The agency shall encourage the placement of students in | |||||
special education programs, including students in residential | |||||
instructional arrangements, in the least restrictive environment | |||||
appropriate for their educational needs. | |||||
(j) [ |
|||||
program required by federal law for special education students who | |||||
may regress is entitled to receive funds in an amount equal to 75 | |||||
percent, or a lesser percentage determined by the commissioner, of | |||||
the [ |
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|
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attendance, multiplied by the amount designated for the student's | |||||
instructional arrangement under this section, for each day the | |||||
program is provided divided by the number of days in the minimum | |||||
school year. The total amount of state funding for extended year | |||||
services under this section may not exceed $10 million per year. A | |||||
school district may use funds received under this section only in | |||||
providing an extended year program. | |||||
(k) [ |
|||||
special education under this section, the commissioner shall | |||||
withhold an amount specified in the General Appropriations Act, and | |||||
distribute that amount to school districts for programs under | |||||
Section 29.014. The program established under that section is | |||||
required only in school districts in which the program is financed | |||||
by funds distributed under this subsection and any other funds | |||||
available for the program. After deducting the amount withheld | |||||
under this subsection from the total amount appropriated for | |||||
special education, the commissioner shall reduce each district's | |||||
allotment proportionately and shall allocate funds to each district | |||||
accordingly. | |||||
(l) The commissioner by rule shall increase the indirect | |||||
cost allotment established under Subsection (h) and in effect for | |||||
the 2010-2011 school year in proportion to the average percentage | |||||
reduction in total state and local maintenance and operations | |||||
revenue provided under former Chapter 42 for the 2011-2012 school | |||||
year as a result of S.B. Nos. 1 and 2, Acts of the 82nd Legislature, | |||||
1st Called Session, 2011. | |||||
(m) If the commissioner determines that the total amount of | |||||
funding under this section for any school year is less than the | |||||
amount required under 20 U.S.C. Section 1412(a)(18), the | |||||
commissioner shall increase the total amount of funding under this | |||||
section for that school year as necessary to comply with that | |||||
provision. If the amount of funding available for purposes of this | |||||
section is insufficient to fully fund the amount determined | |||||
necessary under this subsection, the commissioner shall reduce | |||||
other funding provided under this chapter in the manner provided by | |||||
Section 48.266(f) to achieve the necessary amount of funding under | |||||
this subsection. | |||||
SECTION 1.019. Subchapter C, Chapter 48, Education Code, as | |||||
added by this Act, is amended by adding Section 48.103 to read as | |||||
follows: | |||||
Sec. 48.103. ALLOTMENT FOR STUDENT WITH DYSLEXIA OR RELATED | |||||
DISORDER. (a) Subject to Subsection (b), for each student that a | |||||
school district serves who has been identified as having dyslexia | |||||
or a related disorder, the district is entitled to an annual | |||||
allotment equal to the district's basic allotment multiplied by 0.1 | |||||
or a greater amount provided by appropriation. | |||||
(b) A school district is entitled to the allotment under | |||||
Subsection (a) only for a student who: | |||||
(1) is receiving instruction that: | |||||
(A) meets applicable dyslexia program criteria | |||||
established by the agency; and | |||||
(B) is provided by a person with specific | |||||
training in providing that instruction; or | |||||
(2) has received the instruction described by | |||||
Subdivision (1) and is permitted, on the basis of having dyslexia or | |||||
a related disorder, to use modifications in the classroom and | |||||
accommodations in the administration of assessment instruments | |||||
under Section 39.023. | |||||
(c) A school district may receive funding for a student | |||||
under this section and Section 48.102 if the student satisfies the | |||||
requirements of both sections. | |||||
SECTION 1.020. Sections 42.152, 42.153, 42.154, and 42.157, | |||||
Education Code, are transferred to Subchapter C, Chapter 48, | |||||
Education Code, as added by this Act, redesignated as Sections | |||||
48.104, 48.105, 48.106, and 48.107, Education Code, and amended to | |||||
read as follows: | |||||
Sec. 48.104 [ |
|||||
(a) For each student who [ |
|||||
|
|||||
residential placement facility in a district in which the student's | |||||
parent or legal guardian does not reside, a district is entitled to | |||||
an annual allotment equal to the [ |
|||||
multiplied by 0.2. For[ |
|||||
student who is in a remedial and support program under Section | |||||
29.081 because the student is pregnant, a district is entitled to an | |||||
annual allotment equal to the basic allotment multiplied by 2.41. | |||||
(b) For each student who resides in an economically | |||||
disadvantaged census block as determined by the commissioner under | |||||
Subsection (c), a district is entitled to an annual allotment equal | |||||
to the basic allotment multiplied by the weight assigned to the | |||||
student's census block under Subsection (d). | |||||
(c) For purposes of the allotment under Subsection (b), the | |||||
commissioner shall establish an index for economically | |||||
disadvantaged census blocks in the state that provides criteria for | |||||
determining which census blocks are economically disadvantaged and | |||||
categorizes economically disadvantaged census blocks in five tiers | |||||
according to relative severity of economic disadvantage. In | |||||
determining the severity of economic disadvantage in a census | |||||
block, the commissioner shall consider: | |||||
(1) the median household income; | |||||
(2) the average educational attainment of the | |||||
population; | |||||
(3) the percentage of single-parent households; | |||||
(4) the rate of homeownership; and | |||||
(5) other economic criteria the commissioner | |||||
determines likely to disadvantage a student's preparedness and | |||||
ability to learn. | |||||
(d) The weights assigned to the five tiers of the index | |||||
established under Subsection (c) are, from least to most severe | |||||
economic disadvantage, 0.225, 0.2375, 0.25, 0.2625, and 0.275. | |||||
(e) If insufficient data is available for any school year to | |||||
evaluate the level of economic disadvantage in a census block, a | |||||
school district is entitled to an annual allotment equal to the | |||||
basic allotment multiplied by 0.2 for each student who resides in | |||||
that census block and is educationally disadvantaged. For purposes | |||||
of this subsection [ |
|||||
disadvantaged students is determined: | |||||
(1) by averaging the best six months' numbers of | |||||
students eligible for enrollment in the national school lunch | |||||
program of free or reduced-price lunches for the preceding school | |||||
year who resided in that census block; or | |||||
(2) in the manner provided by commissioner rule. | |||||
(f) For a student who qualifies for an allotment under | |||||
multiple provisions of this section, the school district is | |||||
entitled to an allotment for the student under the provision that | |||||
would result in the greatest amount of funding. | |||||
(g) [ |
|||||
education through the state virtual school network may be included | |||||
in determining the number of students residing in an economically | |||||
disadvantaged census block under Subsection (b) or the number of | |||||
educationally disadvantaged students under Subsection (e) [ |
|||||
the school district submits to the commissioner a plan detailing | |||||
the enhanced services that will be provided to the student and the | |||||
commissioner approves the plan. | |||||
(h) Not later than March 1 of each year, the commissioner | |||||
shall: | |||||
(1) review and, if necessary, update the index | |||||
established under Subsection (c) to be used for the following | |||||
school year, based on the most recent estimates published by the | |||||
United States Census Bureau; and | |||||
(2) notify each school district of any changes to the | |||||
index. | |||||
(i) The state demographer, the Department of Agriculture, | |||||
and any other state agency with relevant information shall assist | |||||
the commissioner in performing the commissioner's duties under this | |||||
section. | |||||
[ |
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Sec. 48.105 [ |
|||||
[ |
|||||
education or special language program under Subchapter B, Chapter | |||||
29, a district is entitled to an annual allotment equal to the | |||||
[ |
|||||
(1) for a student of limited English proficiency, as | |||||
defined by Section 29.052: | |||||
(A) 0.1; or | |||||
(B) 0.15 if the student is in a bilingual | |||||
education program using a dual language immersion/one-way or | |||||
two-way program model; and | |||||
(2) for a student not described by Subdivision (1), | |||||
0.05. | |||||
[ |
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Sec. 48.106 [ |
|||||
ALLOTMENT. (a) For each full-time equivalent student in average | |||||
daily attendance in an approved career and technology education | |||||
program in grades 6 [ |
|||||
|
|||||
|
|||||
(1) an annual allotment equal to the [ |
|||||
allotment multiplied by a weight of 1.35; and | |||||
(2) $50, if the student is enrolled in two or more | |||||
advanced career and technology education classes for a total of | |||||
three or more credits. | |||||
(b) In this section: | |||||
(1) "Career and technology education class" and | |||||
"career and technology education program" mean a class or program | |||||
that aligns with requirements for career and technical education | |||||
under the Strengthening Career and Technical Education for the 21st | |||||
Century Act (Pub. L. No. 115-224). The terms include a technology | |||||
applications course [ |
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(2) "Full-time equivalent student" means 30 hours of | |||||
contact a week between a student and career and technology | |||||
education program personnel. | |||||
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Sec. 48.107 [ |
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(a) Except as provided by Subsection (b), for each student in | |||||
average daily attendance who is using a public education grant | |||||
under Subchapter G, Chapter 29, to attend school in a district other | |||||
than the district in which the student resides, the district in | |||||
which the student attends school is entitled to an annual allotment | |||||
equal to the [ |
|||||
0.1. | |||||
(b) The total number of allotments under this section to | |||||
which a district is entitled may not exceed the number by which the | |||||
number of students using public education grants to attend school | |||||
in the district exceeds the number of students who reside in the | |||||
district and use public education grants to attend school in | |||||
another district. | |||||
SECTION 1.021. Subchapter C, Chapter 48, Education Code, as | |||||
added by this Act, is amended by adding Section 48.108 to read as | |||||
follows: | |||||
Sec. 48.108. EARLY READING ALLOTMENT. (a) For each student | |||||
in average daily attendance in kindergarten through third grade, a | |||||
school district is entitled to an annual allotment equal to the | |||||
district's basic allotment multiplied by 0.1 if the student is: | |||||
(1) educationally disadvantaged; or | |||||
(2) in a bilingual education or special language | |||||
program under Subchapter B, Chapter 29. | |||||
(b) A school district is entitled to an allotment under each | |||||
subdivision of Subsection (a) for which a student qualifies. | |||||
(c) A school district may receive funding for a student | |||||
under this section and under Sections 48.104 and 48.105, as | |||||
applicable, if the student satisfies the requirements of each | |||||
applicable section. | |||||
SECTION 1.022. Chapter 48, Education Code, as added by this | |||||
Act, is amended by adding Subchapter D, and a heading is added to | |||||
that subchapter to read as follows: | |||||
SUBCHAPTER D. ADDITIONAL FUNDING | |||||
SECTION 1.023. Sections 42.155 and 42.158, Education Code, | |||||
are transferred to Subchapter D, Chapter 48, Education Code, as | |||||
added by this Act, redesignated as Sections 48.151 and 48.152, | |||||
Education Code, and amended to read as follows: | |||||
Sec. 48.151 [ |
|||||
district or county operating a transportation system is entitled to | |||||
allotments for transportation costs as provided by this section. | |||||
(b) As used in this section: | |||||
(1) "Regular eligible student" means a student who | |||||
resides two or more miles from the student's campus of regular | |||||
attendance, measured along the shortest route that may be traveled | |||||
on public roads, and who is not classified as a student eligible for | |||||
special education services. | |||||
(2) "Eligible special education student" means a | |||||
student who is eligible for special education services under | |||||
Section 29.003 and who would be unable to attend classes without | |||||
special transportation services. | |||||
[ |
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(c) Each district or county operating a regular | |||||
transportation system is entitled to an allotment based on a rate | |||||
per mile [ |
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the General Appropriations Act. [ |
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(d) A district or county may apply for and on approval of the | |||||
commissioner receive an additional amount of up to 10 percent of its | |||||
regular transportation allotment to be used for the transportation | |||||
of children living within two miles of the school they attend who | |||||
would be subject to hazardous traffic conditions or a high risk of | |||||
violence if they walked to school. | |||||
(d-1) For purposes of Subsection (d), each board of trustees | |||||
shall provide to the commissioner an explanation of the hazardous | |||||
traffic conditions or areas presenting a high risk of violence | |||||
applicable to that district and shall identify the specific | |||||
hazardous or high-risk areas for which the allocation is | |||||
requested. A hazardous traffic condition exists where no walkway | |||||
is provided and children must walk along or cross a freeway or | |||||
expressway, an underpass, an overpass or a bridge, an uncontrolled | |||||
major traffic artery, an industrial or commercial area, or another | |||||
comparable condition. An area presents a high risk of violence if | |||||
law enforcement records indicate a high incidence of violent crimes | |||||
in the area. Each board of trustees requesting funds for an area | |||||
presenting a high risk of violence must, in addition to the | |||||
explanation required by this subsection, provide the commissioner | |||||
with consolidated law enforcement records that document violent | |||||
crimes identified by reporting agencies within the relevant | |||||
jurisdiction. | |||||
(d-2) A district or county may use all or part of any funds | |||||
received under Subsection (d) to support community walking | |||||
transportation programs, including walking school bus programs, | |||||
provided that the district or county requires each supported | |||||
program to submit a financial report to the district or county each | |||||
semester that covers services provided by the program for the | |||||
benefit of the district or county. The commissioner shall adopt | |||||
rules governing the transportation allotment as necessary to permit | |||||
a district or county to receive funds under Subsection (d) that may | |||||
be used to support innovative school safety projects, including | |||||
community walking transportation programs as provided by this | |||||
subsection and any other appropriate safety project, including | |||||
rules defining an approved walking route mile that may be used as | |||||
necessary in implementing this subsection. | |||||
(e) The commissioner may grant an amount set by | |||||
appropriation for private or commercial transportation for | |||||
eligible students from isolated areas. The need for this type of | |||||
transportation grant shall be determined on an individual basis and | |||||
the amount granted shall not exceed the actual cost. The grants may | |||||
be made only in extreme hardship cases. A grant may not be made if | |||||
the students live within two miles of an approved school bus route. | |||||
(f) The cost of transporting career and technology | |||||
education students from one campus to another inside a district or | |||||
from a sending district to another secondary public school for a | |||||
career and technology program or an area career and technology | |||||
school or to an approved post-secondary institution under a | |||||
contract for instruction approved by the agency shall be reimbursed | |||||
based on the number of actual miles traveled times the district's | |||||
official extracurricular travel per mile rate as set by the board of | |||||
trustees and approved by the agency. | |||||
(g) A school district or county that provides special | |||||
transportation services for eligible special education students is | |||||
entitled to a state allocation paid on a previous year's | |||||
cost-per-mile basis. The [ |
|||||
be set by appropriation based on data gathered from the first year | |||||
of each preceding biennium. Districts may use a portion of their | |||||
support allocation to pay transportation costs, if necessary. The | |||||
commissioner may grant an amount set by appropriation for private | |||||
transportation to reimburse parents or their agents for | |||||
transporting eligible special education students. The mileage | |||||
allowed shall be computed along the shortest public road from the | |||||
student's home to school and back, morning and afternoon. The need | |||||
for this type transportation shall be determined on an individual | |||||
basis and shall be approved only in extreme hardship cases. | |||||
(h) Funds allotted under this section must be used in | |||||
providing transportation services. | |||||
(i) In the case of a district belonging to a county | |||||
transportation system, the district's transportation allotment for | |||||
purposes of determining a district's foundation school program | |||||
allocations is determined on the basis of the number of approved | |||||
daily route miles in the district [ |
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(j) The Texas School for the Deaf is entitled to an | |||||
allotment under this section. The commissioner shall determine the | |||||
appropriate allotment. | |||||
(k) Notwithstanding any other provision of this section, | |||||
the commissioner may not reduce the allotment to which a district or | |||||
county is entitled under this section because the district or | |||||
county provides transportation for an eligible student to and from | |||||
a child-care facility, as defined by Section 42.002, Human | |||||
Resources Code, or a grandparent's residence instead of the | |||||
student's residence, as authorized by Section 34.007[ |
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(l) A school district may, with the funds allotted under | |||||
this section, provide a bus pass or card for another transportation | |||||
system to each student who is eligible to use the regular | |||||
transportation system of the district but for whom the regular | |||||
transportation system of the district is not a feasible method of | |||||
providing transportation. The commissioner by rule shall provide | |||||
procedures for a school district to provide bus passes or cards to | |||||
students under this subsection. | |||||
(m) A school district shall be reimbursed on a per-mile | |||||
basis for the cost of transporting a dual credit student to another | |||||
campus in the district, a campus in another district, or a | |||||
postsecondary educational institution for purposes of attending | |||||
the course, if the course is not available at the student's campus. | |||||
Sec. 48.152 [ |
|||||
ALLOTMENT. (a) In this section: | |||||
(1) "Instructional facility" has the meaning assigned | |||||
by Section 46.001. | |||||
(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. | |||||
(b) A school district is entitled to an additional allotment | |||||
as provided by this section for operational expenses associated | |||||
with opening a new instructional facility. | |||||
(c) [ |
|||||
under this section may use funds from the district's allotment to | |||||
renovate an existing instructional facility to serve as a dedicated | |||||
cybersecurity computer laboratory. | |||||
(d) [ |
|||||
a new instructional facility, a school district is entitled to an | |||||
allotment of $1,000 for each student in average daily attendance at | |||||
the facility. For the second school year in which students attend | |||||
that instructional facility, a school district is entitled to an | |||||
allotment of $1,000 for each additional student in average daily | |||||
attendance at the facility. | |||||
(e) [ |
|||||
additional students in average daily attendance at a facility is | |||||
the difference between the number of students in average daily | |||||
attendance in the current year at that facility and the number of | |||||
students in average daily attendance at that facility in the | |||||
preceding year. | |||||
(f) The [ |
|||||
appropriated for allotments under this section may not exceed $100 | |||||
[ |
|||||
to which districts are entitled under this section for a school year | |||||
exceeds the amount appropriated under this subsection, the | |||||
commissioner shall reduce each district's allotment under this | |||||
section in the manner provided by Section 48.266(f) [ |
|||||
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SECTION 1.024. Subchapter D, Chapter 48, Education Code, as | |||||
added by this Act, is amended by adding Sections 48.153, 48.154, | |||||
48.155, 48.156, and 48.157 to read as follows: | |||||
Sec. 48.153. EDUCATOR SALARY TRANSITION ALLOTMENT FOR | |||||
MINIMUM SALARY INCREASE. (a) A school district to which Section | |||||
21.402 applies for the 2019-2020 school year is entitled to receive | |||||
an annual allotment as determined by the following formula: | |||||
A = 1.5 X S - ((CYM&O - BYM&O) X ADA) | |||||
where: | |||||
"A" is the allotment a district receives for purposes of | |||||
paying the increased costs associated with the minimum salary | |||||
schedule under Section 21.402 beginning with the 2019-2020 school | |||||
year; | |||||
"S" is the total amount of additional costs a district would | |||||
be required to pay for salary and benefits for employees subject to | |||||
the minimum salary schedule in the 2017-2018 school year if the | |||||
minimum salary schedule for the 2019-2020 school year applied to | |||||
those employees; | |||||
"CYM&O" is the amount of a district's maintenance and | |||||
operations entitlement under this chapter per student in average | |||||
daily attendance for the current school year; | |||||
"BYM&O" is the amount of a district's maintenance and | |||||
operations entitlement under this chapter per student in average | |||||
daily attendance for the 2018-2019 school year; and | |||||
"ADA" is the average daily attendance for a district for the | |||||
current school year. | |||||
(b) For purposes of calculating the formula in Subsection | |||||
(a), the commissioner shall: | |||||
(1) if the value of "A" results in a negative number, | |||||
use zero for the value of "A"; | |||||
(2) include in the calculation of an employee's salary | |||||
and benefits an additional 4.2 percent of the amount that the | |||||
employee is entitled to receive under the minimum salary schedule | |||||
in effect for the 2019-2020 school year for the increased costs of | |||||
Medicare and other payroll benefits; | |||||
(3) exclude 50 percent of the following amounts to | |||||
which a district is entitled in the calculation of a district's | |||||
maintenance and operations entitlement: | |||||
(A) the early reading allotment under Section | |||||
48.108; | |||||
(B) the educator effectiveness allotment under | |||||
Section 48.154; and | |||||
(C) amounts received as educator effectiveness | |||||
fee reimbursement under Section 48.157; | |||||
(4) adjust the calculation under Subsection (a) to | |||||
reflect: | |||||
(A) a reduction in tax effort by a district; | |||||
(B) property value adjustments due to a disaster; | |||||
(C) any additional state aid due to disaster | |||||
remediation; and | |||||
(D) the sparsity adjustment under Section | |||||
48.052; | |||||
(5) exclude funding provided to a district for the | |||||
2018-2019 school year under former Sections 41.002(e)-(g) and | |||||
former Subchapter H, Chapter 42; | |||||
(6) if a school district receives a waiver relating to | |||||
eligibility requirements for the national free or reduced-price | |||||
lunch program under 42 U.S.C. Section 1751 et seq., use the number | |||||
of educationally disadvantaged students on which the district's | |||||
entitlement to compensatory education funds was based for the | |||||
school year before the school year in which the district received | |||||
the waiver, adjusted for estimated enrollment growth; and | |||||
(7) include increased state contributions made under | |||||
Section 825.405, Government Code, for the current school year as | |||||
compared to the 2018-2019 school year. | |||||
(c) A decision by the commissioner under this section is | |||||
final and may not be appealed. | |||||
Sec. 48.154. EDUCATOR EFFECTIVENESS ALLOTMENT. (a) In this | |||||
section, "classroom teacher" has the meaning assigned by Section | |||||
21.751. | |||||
(b) For each classroom teacher with a teacher designation | |||||
under Subchapter P, Chapter 21, employed by a school district, the | |||||
school district is entitled to an allotment equal to: | |||||
A = B + (SCE X DM) | |||||
where: | |||||
"A" is the allotment provided to a school district per | |||||
classroom teacher who holds a teacher designation; | |||||
"B" is the applicable base amount for a classroom teacher | |||||
provided under Subsection (c); | |||||
"SCE" is the state compensatory education factor determined | |||||
under Subsection (d); and | |||||
"DM" is the applicable designation multiplier for a classroom | |||||
teacher under Subsection (e). | |||||
(c) The base amount for each classroom teacher with a | |||||
teacher designation is as follows: | |||||
(1) $3,000 for each recognized teacher; | |||||
(2) $6,000 for each exemplary teacher; and | |||||
(3) $12,000 for each master teacher. | |||||
(d) The state compensatory education factor is the amount | |||||
equal to: | |||||
(1) the sum of the individual student disadvantage | |||||
index tier values divided by the total student population of the | |||||
campus at which the teacher for which the allotment is being | |||||
calculated is employed, where the individual student disadvantage | |||||
index tier values are determined as follows: | |||||
(A) for a student not assigned a weight for the | |||||
compensatory education allotment under Section 48.104(b), 0; | |||||
(B) for a student assigned the smallest weight | |||||
for the compensatory education allotment under Section 48.104(b), | |||||
0.5; | |||||
(C) for a student assigned the second smallest | |||||
weight for the compensatory education allotment under Section | |||||
48.104(b), 1.0; | |||||
(D) for a student assigned the third smallest | |||||
weight for the compensatory education allotment under Section | |||||
48.104(b), 2.0; | |||||
(E) for a student assigned the second greatest | |||||
weight for the compensatory education allotment under Section | |||||
48.104(b), 3.0; and | |||||
(F) for a student assigned the greatest weight | |||||
under Section 48.104(b), 4.0; or | |||||
(2) if the school district qualifies as a rural school | |||||
district based on criteria adopted by the commissioner, the value | |||||
that is the lesser of: | |||||
(A) 4.0; or | |||||
(B) the value that results from Subdivision (1) | |||||
plus 2.0. | |||||
(e) The designation multiplier is as follows for the | |||||
applicable teacher designation: | |||||
(1) $1,500 for recognized; | |||||
(2) $3,000 for exemplary; and | |||||
(3) $5,000 for master. | |||||
(f) A district's allotment under Subsection (b) for a | |||||
classroom teacher may not be greater than $32,000. | |||||
(g) A school district is not eligible for an allotment under | |||||
Subsection (b) for a classroom teacher whose designation has | |||||
expired or been revoked. | |||||
(h) The commissioner shall provide in an easily readable | |||||
format a list of campuses with the potential allotment amounts that | |||||
would be available for teachers with designations employed at the | |||||
campus. | |||||
(i) A district shall annually certify that all funds | |||||
received under this section were used for: | |||||
(1) educator compensation; | |||||
(2) costs associated with implementing Subchapter P, | |||||
Chapter 21; or | |||||
(3) professional development for educators. | |||||
(j) The commissioner shall provide funding under this | |||||
section for teacher designations made on the basis of a classroom | |||||
teacher's performance during the 2018-2019 school year if the | |||||
district: | |||||
(1) receives approval from the commissioner during the | |||||
2019-2020 school year for the district's local teacher designation | |||||
system; and | |||||
(2) provides compensation to a classroom teacher for | |||||
the 2019-2020 school year based on the teacher's qualifying | |||||
performance for a designation. | |||||
(j-1) Subsection (j) and this subsection expire September | |||||
1, 2020. | |||||
Sec. 48.155. COLLEGE PREPARATION ASSESSMENT REIMBURSEMENT. | |||||
A school district is entitled to reimbursement for the amount of | |||||
fees paid by the district for the administration of an assessment | |||||
instrument under Section 39.0261(a)(3). | |||||
Sec. 48.156. CERTIFICATION EXAMINATION REIMBURSEMENT. A | |||||
school district is entitled to reimbursement for the amount of a | |||||
subsidy paid by the district for a certification examination under | |||||
Section 29.190(a) as provided by Section 29.190(c). | |||||
Sec. 48.157. EDUCATOR EFFECTIVENESS FEE REIMBURSEMENT. (a) | |||||
A school district is entitled to reimbursement for any fee paid | |||||
under Subchapter P, Chapter 21, or membership fees paid to the | |||||
National Board for Professional Standards for the purpose of | |||||
Section 21.753(b). | |||||
(b) The commissioner shall provide reimbursement under this | |||||
section for fees relating to teacher designations made on the basis | |||||
of a classroom teacher's performance during the 2018-2019 school | |||||
year if the district: | |||||
(1) receives approval from the commissioner during the | |||||
2019-2020 school year for the district's local teacher designation | |||||
system; and | |||||
(2) provides compensation to a classroom teacher for | |||||
the 2019-2020 school year based on the teacher's qualifying | |||||
performance for a designation. | |||||
(b-1) Subsection (b) and this subsection expire September | |||||
1, 2020. | |||||
SECTION 1.025. Chapter 48, Education Code, as added by this | |||||
Act, is amended by adding Subchapter E, and a heading is added to | |||||
that subchapter to read as follows: | |||||
SUBCHAPTER E. TIER TWO ENTITLEMENT | |||||
SECTION 1.026. Sections 42.301, 42.302, 42.303, and 42.304, | |||||
Education Code, are transferred to Subchapter E, Chapter 48, | |||||
Education Code, as added by this Act, redesignated as Sections | |||||
48.201, 48.202, 48.203, and 48.204, Education Code, and amended to | |||||
read as follows: | |||||
Sec. 48.201 [ |
|||||
two [ |
|||||
is to provide each school district with the opportunity to provide | |||||
the basic program and to supplement that program at a level of its | |||||
own choice. An allotment under this subchapter may be used for any | |||||
legal purpose other than capital outlay or debt service. | |||||
Sec. 48.202 [ |
|||||
district is guaranteed a specified amount per weighted student in | |||||
state and local funds for each cent of tax effort over that required | |||||
for the district's local fund assignment up to the maximum level | |||||
specified in this subchapter. The amount of state support, subject | |||||
only to the maximum amount under Section 48.203 [ |
|||||
determined by the formula: | |||||
GYA = (GL X WADA X DTR X 100) - LR | |||||
where: | |||||
"GYA" is the guaranteed yield amount of state funds to be | |||||
allocated to the district; | |||||
"GL" is the dollar amount guaranteed level of state and local | |||||
funds per weighted student per cent of tax effort, which is an | |||||
amount described by Subsection (a-1) or a greater amount for any | |||||
year provided by appropriation; | |||||
"WADA" is the number of students in weighted average daily | |||||
attendance, which is calculated by dividing the sum of the school | |||||
district's allotments under Subchapters B and C[ |
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|
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"DTR" is the district enrichment tax rate of the school | |||||
district, which is determined by subtracting the amounts specified | |||||
by Subsection (b) from the total amount of maintenance and | |||||
operations taxes collected by the school district for the | |||||
applicable school year and dividing the difference by the quotient | |||||
of the district's taxable value of property as determined under | |||||
Subchapter M, Chapter 403, Government Code, or, if applicable, | |||||
under Section 48.258 [ |
|||||
"LR" is the local revenue, which is determined by multiplying | |||||
"DTR" by the quotient of the district's taxable value of property as | |||||
determined under Subchapter M, Chapter 403, Government Code, or, if | |||||
applicable, under Section 48.258 [ |
|||||
(a-1) For purposes of Subsection (a), the dollar amount | |||||
guaranteed level of state and local funds per weighted student per | |||||
cent of tax effort ("GL") for a school district is: | |||||
(1) the product of [ |
|||||
tax revenue per weighted student per cent of tax effort [ |
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|
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|
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tax revenue per weighted student per cent of tax effort equal to the | |||||
maximum amount provided per cent under Section 48.051(a) or (b) | |||||
multiplied by 160 percent [ |
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|
|||||
the district's maintenance and operations tax rate exceeds the | |||||
district's tier one tax rate [ |
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|
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(2) subject to Subsection (f), the product of the | |||||
amount of district tax revenue per weighted student per cent of tax | |||||
effort available to a district with maintenance and operations tax | |||||
revenue per weighted student per cent of tax effort equal to the | |||||
maximum amount provided per cent under Section 48.051(a) or (b) | |||||
multiplied by 80 percent [ |
|||||
and operations tax effort that exceeds the amount of tax effort | |||||
described by Subdivision (1). | |||||
(a-2) The limitation on district enrichment tax rate | |||||
("DTR") under Section 48.203 [ |
|||||
district's maintenance and operations tax effort described by | |||||
Subsection (a-1)(1). | |||||
(b) In computing the district enrichment tax rate of a | |||||
school district, the total amount of maintenance and operations | |||||
taxes collected by the school district does not include the amount | |||||
of: | |||||
(1) the district's local fund assignment under Section | |||||
48.256 [ |
|||||
(2) taxes paid into a tax increment fund under Chapter | |||||
311, Tax Code. | |||||
(c) For purposes of this section, school district taxes for | |||||
which credit is granted under Section 31.035, 31.036, or 31.037, | |||||
Tax Code, are considered taxes collected by the school district as | |||||
if the taxes were paid when the credit for the taxes was granted. | |||||
(d) For purposes of this section, the total amount of | |||||
maintenance and operations taxes collected for an applicable school | |||||
year by a school district with alternate tax dates, as authorized by | |||||
Section 26.135, Tax Code, is the amount of taxes collected on or | |||||
after January 1 of the year in which the school year begins and not | |||||
later than December 31 of the same year. | |||||
(e) For purposes of this section, school district taxes for | |||||
which credit is granted under former Subchapter D, Chapter 313, Tax | |||||
Code, are considered taxes collected by the school district as if | |||||
the taxes were paid when the credit for the taxes was granted. | |||||
(f) For a school year in which a school district's dollar | |||||
amount guaranteed level of state and local funds under Subsection | |||||
(a-1)(2) results in a greater amount of district tax revenue per | |||||
weighted student per cent of tax effort than for the preceding | |||||
school year, the school district shall reduce the district's tax | |||||
rate under Section 45.0032(b)(2) for that tax year to a rate that | |||||
results in the amount of district tax revenue per weighted student | |||||
per cent of tax effort available to the district for the preceding | |||||
year. A school district is not entitled to the amount equal to the | |||||
increase of district tax revenue described under this section | |||||
during the tax year in which the district must reduce the district's | |||||
tax rate. This subsection does not apply if the amount of state | |||||
funds for a school year specifically excludes the amount necessary | |||||
to provide the dollar amount guaranteed level of state and local | |||||
funds per weighted student per cent of tax effort under Subsection | |||||
(a-1)(2) [ |
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Sec. 48.203 [ |
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The district enrichment tax rate ("DTR") under Section 48.202 | |||||
[ |
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the maximum rate permitted under Section 45.003 exceeds the rate | |||||
used to determine the district's local share under Section 48.256 | |||||
[ |
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appropriation. | |||||
Sec. 48.204 [ |
|||||
MILITARY RESERVATION OR AT STATE SCHOOL. State assistance under | |||||
this subchapter for a school district located on a federal military | |||||
installation or at Moody State School is computed using the average | |||||
tax rate and property value per student of school districts in the | |||||
county, as determined by the commissioner. | |||||
SECTION 1.027. Chapter 48, Education Code, as added by this | |||||
Act, is amended by adding Subchapter F, and a heading is added to | |||||
that subchapter to read as follows: | |||||
SUBCHAPTER F. FINANCING THE PROGRAM | |||||
SECTION 1.028. Sections 42.251, 42.2511, 42.2514, 42.2515, | |||||
42.2516, and 42.252, Education Code, are transferred to Subchapter | |||||
F, Chapter 48, Education Code, as added by this Act, redesignated as | |||||
Sections 48.251, 48.252, 48.253, 48.254, 48.255, and 48.256, | |||||
Education Code, and amended to read as follows: | |||||
Sec. 48.251 [ |
|||||
cost of the Foundation School Program for a school district is the | |||||
total sum of: | |||||
(1) the sum of the tier one allotments and other | |||||
funding as follows: | |||||
(A) the basic allotment under Subchapter B; | |||||
(B) [ |
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under Subchapter C; and | |||||
(C) the additional funding under Subchapter D; | |||||
and | |||||
(2) [ |
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(b) The sum of the Foundation School Program maintenance and | |||||
operations costs for all accredited school districts in this state | |||||
constitutes [ |
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|
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Foundation School Program. | |||||
(c) [ |
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(1) state available school funds distributed in | |||||
accordance with the law [ |
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|
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(2) ad valorem tax revenue generated by local school | |||||
district effort [ |
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|
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(3) [ |
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|
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[ |
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public school education and allocated to each district in an amount | |||||
sufficient to finance the cost of each district's Foundation School | |||||
Program not covered by other funds specified in this subsection. | |||||
Sec. 48.252 [ |
|||||
CERTAIN STUDENTS. (a) This section applies only to: | |||||
(1) a school district and an open-enrollment charter | |||||
school that enter into a contract to operate a district campus as | |||||
provided by Section 11.174; and | |||||
(2) a charter granted by a school district for a | |||||
program operated by an entity that has entered into a contract under | |||||
Section 11.174, provided that the district does not appoint a | |||||
majority of the governing body of the charter holder. | |||||
(b) Notwithstanding any other provision of this chapter or | |||||
Chapter 49 [ |
|||||
entitled to receive for each student in average daily attendance at | |||||
the campus described by Subsection (a) an amount equivalent to the | |||||
difference, if the difference results in increased funding, | |||||
between: | |||||
(1) the amount described by Section 12.106; and | |||||
(2) the amount to which the district would be entitled | |||||
under this chapter. | |||||
(c) The commissioner shall adopt rules as necessary to | |||||
administer this section. | |||||
Sec. 48.253 [ |
|||||
INCREMENT FINANCING PAYMENTS. (a) For each school year, a school | |||||
district[ |
|||||
|
|||||
amount equal to the amount the district is required to pay into the | |||||
tax increment fund for a reinvestment zone under Section | |||||
311.013(n), Tax Code. | |||||
(b) A school district shall provide to the agency any | |||||
agreements, amendments to agreements, or other information | |||||
required by the agency to implement this section. | |||||
(c) This section does not apply to an amount a district is | |||||
required to pay for an obligation refinanced or renewed after | |||||
September 1, 2019. | |||||
Sec. 48.254 [ |
|||||
TAX CREDITS UNDER TEXAS ECONOMIC DEVELOPMENT ACT. [ |
|||||
school year, a school district, including a school district that is | |||||
otherwise ineligible for state aid under this chapter, is entitled | |||||
to state aid in an amount equal to the amount of all tax credits | |||||
credited against ad valorem taxes of the district in that year under | |||||
former Subchapter D, Chapter 313, Tax Code. | |||||
[ |
|||||
|
|||||
Sec. 48.255 [ |
|||||
In this title, "state compression percentage" means the percentage | |||||
of the rate of $1.00 per $100 valuation of taxable property at which | |||||
a school district must levy a [ |
|||||
operations tax to receive the full amount of the tier one allotment | |||||
to which the district is entitled under this chapter. | |||||
(b) The [ |
|||||
|
|||||
(1) 96 percent; or | |||||
(2) a lower percentage set [ |
|||||
appropriation for a school year. | |||||
(c) The[ |
|||||
implement this section. [ |
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[ |
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|
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[ |
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|
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Sec. 48.256 [ |
|||||
ONE). (a) Each school district's share of the Foundation School | |||||
Program is determined by the following formula: | |||||
LFA = TR X DPV | |||||
where: | |||||
"LFA" is the school district's local share; | |||||
"TR" is the school district's adopted tier one maintenance | |||||
and operations [ |
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[ |
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|
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|
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|
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[ |
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[ |
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|
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"DPV" is the taxable value of property in the school district | |||||
for the preceding tax year determined under Subchapter M, Chapter | |||||
403, Government Code. | |||||
[ |
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|
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(b) The commissioner shall adjust the values reported by [ |
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|
|||||
|
|||||
property resulting from natural or economic disaster [ |
|||||
|
|||||
of the commissioner is final. An adjustment does not affect the | |||||
local fund assignment of any other school district. | |||||
(c) Appeals of district values shall be held pursuant to | |||||
Section 403.303, Government Code. | |||||
(d) A school district must raise its total local share of | |||||
the Foundation School Program to be eligible to receive foundation | |||||
school fund payments. | |||||
SECTION 1.029. Subchapter F, Chapter 48, Education Code, as | |||||
added by this Act, is amended by adding Section 48.257 to read as | |||||
follows: | |||||
Sec. 48.257. LOCAL REVENUE LEVEL IN EXCESS OF ENTITLEMENT. | |||||
(a) Subject to Subsection (b), if a school district's tier one | |||||
revenue level, which is the sum of the district's tier one local | |||||
share under Section 48.256 and distribution from the state | |||||
available school fund, exceeds the district's entitlement under | |||||
Section 48.266(a)(1), the district must reduce the district's tier | |||||
one revenue level in accordance with Chapter 49 to a level not to | |||||
exceed the district's entitlement under Section 48.266(a)(1). | |||||
(b) This subsection applies only to a school district to | |||||
which Subsection (a) applies. If the sum of a district's | |||||
maintenance and operations tax collections for the current tax year | |||||
minus the district's tier one revenue level under Subsection (a) is | |||||
less than the amount of the district's entitlement under Section | |||||
48.266(a)(1), the agency shall adjust the amount of the district's | |||||
tier one revenue level under Subsection (a) to ensure that the | |||||
district retains the amount of local funds necessary for the | |||||
district's entitlement under Section 48.266(a)(1). | |||||
(c) For purposes of Subsection (a), state aid to which a | |||||
district is entitled under this chapter that is not described by | |||||
Section 48.266(a)(1) or (2) may offset the amount by which a | |||||
district must reduce the district's tier one revenue level under | |||||
Subsection (a). Any amount of state aid used as an offset under this | |||||
subsection shall reduce the amount of state aid to which the | |||||
district is entitled. | |||||
(d) Except as provided by Subsection (e), a school district | |||||
is entitled to retain the total amount of the district's tier two | |||||
local share described by Section 48.266(a)(5)(A). | |||||
(e) In any school year for which the amount of state funds | |||||
appropriated specifically excludes the amount necessary to provide | |||||
the dollar amount guaranteed level of state and local funds per | |||||
weighted student per cent of tax effort under Section | |||||
48.202(a-1)(1), a district may only retain the amount of the | |||||
district's tier two local share described by Section | |||||
48.266(a)(5)(A) equal to the amount of revenue that would be | |||||
generated based on the amount appropriated for the dollar amount | |||||
guaranteed level of state and local funds. | |||||
(f) The amount of a school district's tier two local share | |||||
described by Section 48.266(a)(5)(B) to which a district is | |||||
entitled may not exceed the amount described by Section | |||||
48.202(a-1)(2). | |||||
SECTION 1.030. Sections 41.002(e), (f), and (g), Education | |||||
Code, are transferred to Section 48.257, Education Code, as added | |||||
by this Act, redesignated as Sections 48.257(g), (h), and (i), | |||||
Education Code, and amended to read as follows: | |||||
(g) [ |
|||||
(d), and (f), and except as provided by Subsection (i) [ |
|||||
accordance with a determination of the commissioner, the local | |||||
revenue level [ |
|||||
after exercising an option under Section 49.002(2) [ |
|||||
(3) may not be less than the amount needed to maintain state and | |||||
local revenue in an amount equal to state and local revenue per | |||||
weighted student for maintenance and operation of the district for | |||||
the 1992-1993 school year less the district's current year | |||||
distribution per weighted student from the available school fund, | |||||
other than amounts distributed under Chapter 31, if the district | |||||
imposes an effective tax rate for maintenance and operation of the | |||||
district equal to the greater of the district's current tax rate or | |||||
$1.50 on the $100 valuation of taxable property. | |||||
(h) [ |
|||||
district's effective tax rate is determined by dividing the total | |||||
amount of taxes collected by the district for the applicable school | |||||
year less any amounts paid into a tax increment fund under Chapter | |||||
311, Tax Code, by the quotient of the district's taxable value of | |||||
property, as determined under Subchapter M, Chapter 403, Government | |||||
Code, divided by 100. | |||||
(i) [ |
|||||
a district may have under Subsection (g) [ |
|||||
follows: | |||||
ALRL [ |
|||||
where: | |||||
"ALRL" [ |
|||||
[ |
|||||
"LRL" [ |
|||||
[ |
|||||
"ERL" [ |
|||||
section to which a district is entitled [ |
|||||
and | |||||
"DTR" is the district's adopted maintenance and | |||||
operations tax rate for the current school year. | |||||
SECTION 1.031. Section 48.257, Education Code, as added by | |||||
this Act, is amended by adding Subsections (j) and (j-1) to read as | |||||
follows: | |||||
(j) Notwithstanding any other provision of this section, | |||||
the local revenue level that a school district may have under | |||||
Subsections (g)-(i) is reduced by the following amounts: | |||||
(1) for the 2020-2021 school year, an amount equal to | |||||
20 percent of the difference between the local revenue level for the | |||||
district calculated under Subsections (g)-(i) and the local revenue | |||||
level permitted under Subsections (a), (d), and (f); | |||||
(2) for the 2021-2022 school year, an amount equal to | |||||
40 percent of the difference between the local revenue level for the | |||||
district calculated under Subsections (g)-(i) and the local revenue | |||||
level permitted under Subsections (a), (d), and (f); | |||||
(3) for the 2022-2023 school year, an amount equal to | |||||
60 percent of the difference between the local revenue level for the | |||||
district calculated under Subsections (g)-(i) and the local revenue | |||||
level permitted under Subsections (a), (d), and (f); and | |||||
(4) for the 2023-2024 school year, an amount equal to | |||||
80 percent of the difference between the local revenue level for the | |||||
district calculated under Subsections (g)-(i) and the local revenue | |||||
level permitted under Subsections (a), (d), and (f). | |||||
(j-1) Subsection (j) and this subsection expire September | |||||
1, 2024. | |||||
SECTION 1.032. Sections 42.2521, 42.2522, 42.2523, | |||||
42.2524, 42.2525, 42.2526, 42.2527, 42.2528, 42.253, 42.2531, | |||||
42.2532, 42.254, 42.255, 42.257, 42.258, 42.259, 42.2591, 42.260, | |||||
and 42.262, Education Code, are transferred to Subchapter F, | |||||
Chapter 48, Education Code, as added by this Act, redesignated as | |||||
Sections 48.258, 48.259, 48.260, 48.261, 48.262, 48.263, 48.264, | |||||
48.265, 48.266, 48.267, 48.268, 48.269, 48.270, 48.271, 48.272, | |||||
48.273, 48.274, 48.275, and 48.276, Education Code, and amended to | |||||
read as follows: | |||||
Sec. 48.258 [ |
|||||
TAXABLE VALUE OF PROPERTY. (a) For purposes of Chapters [ |
|||||
46 and 49 and this chapter, and to the extent money specifically | |||||
authorized to be used under this section is available, the | |||||
commissioner shall adjust the taxable value of property in a school | |||||
district that, due to factors beyond the control of the board of | |||||
trustees, experiences a rapid decline in the tax base used in | |||||
calculating taxable values in excess of four percent of the tax base | |||||
used in the preceding year. | |||||
(b) To the extent that a sufficient amount of money is not | |||||
available to fund all adjustments under this section, the | |||||
commissioner shall reduce adjustments in the manner provided by | |||||
Section 48.266(f) [ |
|||||
adjustments equals the amount of money available to fund the | |||||
adjustments. | |||||
(c) A decision of the commissioner under this section is | |||||
final and may not be appealed. | |||||
Sec. 48.259 [ |
|||||
EXEMPTION. (a) In any school year, the commissioner may not | |||||
provide funding under this chapter or Chapter 46 based on a school | |||||
district's taxable value of property computed in accordance with | |||||
Section 403.302(d)(2), Government Code, unless: | |||||
(1) funds are specifically appropriated for purposes | |||||
of this section; or | |||||
(2) the commissioner determines that the total amount | |||||
of state funds appropriated for purposes of the Foundation School | |||||
Program for the school year exceeds the amount of state funds | |||||
distributed to school districts in accordance with Section 48.266 | |||||
[ |
|||||
districts computed in accordance with Section 403.302(d), | |||||
Government Code, without any deduction for residence homestead | |||||
exemptions granted under Section 11.13(n), Tax Code. | |||||
(b) In making a determination under Subsection (a)(2), the | |||||
commissioner shall: | |||||
(1) notwithstanding Section 48.266(b) [ |
|||||
reduce the entitlement under this chapter of a school district | |||||
whose final taxable value of property is higher than the estimate | |||||
under Section 48.269 [ |
|||||
accordingly; and | |||||
(2) give priority to school districts that, due to | |||||
factors beyond the control of the board of trustees, experience a | |||||
rapid decline in the tax base used in calculating taxable values in | |||||
excess of four percent of the tax base used in the preceding year. | |||||
(c) In the first year of a state fiscal biennium, before | |||||
providing funding as provided by Subsection (a)(2), the | |||||
commissioner shall ensure that sufficient appropriated funds for | |||||
purposes of the Foundation School Program are available for the | |||||
second year of the biennium, including funds to be used for purposes | |||||
of Section 48.258 [ |
|||||
(d) If the commissioner determines that the amount of funds | |||||
available under Subsection (a)(1) or (2) does not at least equal the | |||||
total amount of state funding to which districts would be entitled | |||||
if state funding under this chapter were based on the taxable values | |||||
of property in school districts computed in accordance with Section | |||||
403.302(d)(2), Government Code, the commissioner may, to the extent | |||||
necessary, provide state funding based on a uniform lesser fraction | |||||
of the deduction under Section 403.302(d)(2), Government Code. | |||||
(e) The commissioner shall notify school districts as soon | |||||
as practicable as to the availability of funds under this section. | |||||
For purposes of computing a ratification [ |
|||||
Section 26.08, Tax Code, a district shall adjust the district's tax | |||||
rate limit to reflect assistance received under this section. | |||||
Sec. 48.260 [ |
|||||
AFFECTED BY STATE OF DISASTER. (a) For purposes of Chapters [ |
|||||
|
|||||
taxable value of property of a school district all or part of which | |||||
is located in an area declared a disaster area by the governor under | |||||
Chapter 418, Government Code, as necessary to ensure that the | |||||
district receives funding based as soon as possible on property | |||||
values as affected by the disaster. | |||||
(b) The commissioner may fund adjustments under this | |||||
section using funds specifically appropriated for the purpose or | |||||
other funds available to the commissioner for that purpose. | |||||
(c) [ |
|||||
is final and may not be appealed. | |||||
Sec. 48.261 [ |
|||||
REMEDIATION COSTS. (a) This section applies only to a school | |||||
district all or part of which is located in an area declared a | |||||
disaster area by the governor under Chapter 418, Government Code, | |||||
and that incurs disaster remediation costs as a result of the | |||||
disaster. | |||||
(b) During the two-year period following the date of the | |||||
governor's initial proclamation or executive order declaring a | |||||
state of disaster, a district may apply to the commissioner for | |||||
reimbursement of disaster remediation costs that the district pays | |||||
during that period and does not anticipate recovering through | |||||
insurance proceeds, federal disaster relief payments, or another | |||||
similar source of reimbursement. | |||||
(c) The commissioner may provide reimbursement under this | |||||
section only if funds are available for that purpose from [ |
|||||
|
|||||
(1) [ |
|||||
|
|||||
[ |
|||||
including amounts appropriated for school [ |
|||||
that purpose to the disaster contingency fund established under | |||||
Section 418.073, Government Code; or | |||||
(2) [ |
|||||
for that purpose, based on a determination by the commissioner that | |||||
the amount appropriated for the Foundation School Program, | |||||
including the facilities component as provided by Chapter 46, | |||||
exceeds the amount to which districts are entitled under this | |||||
chapter and Chapter 46[ |
|||||
[ |
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|
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|
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|
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|
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(d) [ |
|||||
|
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|
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|
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|
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|
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|
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[ |
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must provide the commissioner with adequate documentation of the | |||||
costs for which the district seeks reimbursement. | |||||
(e) [ |
|||||
|
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[ |
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|
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|
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|
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|
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[ |
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|
|||||
|
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|
|||||
[ |
|||||
implement this section, including rules defining "disaster | |||||
remediation costs" for purposes of this section and specifying the | |||||
type of documentation required under Subsection (d) [ |
|||||
(f) [ |
|||||
section, the commissioner may permit a district to use amounts | |||||
provided to a district under this section to pay the costs of | |||||
replacing a facility instead of repairing the facility. The | |||||
commissioner shall ensure that a district that elects to replace a | |||||
facility does not receive an amount under this section that exceeds | |||||
the lesser of: | |||||
(1) the amount that would be provided to the district | |||||
if the facility were repaired; or | |||||
(2) the amount necessary to replace the facility. | |||||
(g) [ |
|||||
provide any requested reimbursement. A decision of the | |||||
commissioner regarding reimbursement is final and may not be | |||||
appealed. | |||||
Sec. 48.262 [ |
|||||
RECEIVING FEDERAL IMPACT AID. The commissioner is granted the | |||||
authority to ensure that school districts receiving federal impact | |||||
aid due to the presence of a military installation or significant | |||||
concentrations of military students do not receive more than an | |||||
eight percent reduction should the federal government reduce | |||||
appropriations to those schools. | |||||
Sec. 48.263 [ |
|||||
PILOT PROGRAM. (a) This section applies only to a school district | |||||
operating a pilot program authorized by Section 28.0255. | |||||
(b) Beginning with the first school year that follows the | |||||
first school year in which students receive high school diplomas | |||||
under the pilot program authorized by Section 28.0255 and | |||||
continuing for every subsequent school year that the district | |||||
operates the pilot program, the commissioner shall provide funding | |||||
for the district's prekindergarten program under Section 29.153 on | |||||
a full-day basis for a number of prekindergarten students equal to | |||||
twice the number of students who received a high school diploma | |||||
under the pilot program authorized by Section 28.0255 during the | |||||
preceding school year. | |||||
(c) This section expires September 1, 2023. | |||||
Sec. 48.264 [ |
|||||
WITH EARLY HIGH SCHOOL GRADUATION PROGRAMS. (a) As a pilot program | |||||
to enable the state to evaluate the benefit of providing additional | |||||
funding at the prekindergarten level for low-income students, the | |||||
commissioner shall provide prekindergarten funding in accordance | |||||
with this section to a school district located in a county that | |||||
borders the United Mexican States and the Gulf of Mexico. | |||||
(b) The commissioner shall provide funding for a school | |||||
district's prekindergarten program on a half-day basis for a number | |||||
of low-income prekindergarten students equal to twice the number of | |||||
students who received, as a result of participation in an early high | |||||
school graduation program operated by the district, a high school | |||||
diploma from the district during the preceding school year after | |||||
three years of secondary school attendance. | |||||
(c) The commissioner may adopt rules necessary to implement | |||||
this section. | |||||
(d) This section expires September 1, 2023. | |||||
Sec. 48.265 [ |
|||||
OF SPECIAL EDUCATION SETTINGS. (a) Notwithstanding any other | |||||
provision of law, if the commissioner determines that the amount | |||||
appropriated for the purposes of the Foundation School Program | |||||
exceeds the amount to which school districts are entitled under | |||||
this chapter, the commissioner by rule shall establish a grant | |||||
program through which excess funds are awarded as grants for the | |||||
purchase of video equipment, or for the reimbursement of costs for | |||||
previously purchased video equipment, used for monitoring special | |||||
education classrooms or other special education settings required | |||||
under Section 29.022. | |||||
(b) In awarding grants under this section, the commissioner | |||||
shall give highest priority to districts with maintenance and | |||||
operations tax rates at the greatest rates permitted by law. The | |||||
commissioner shall also give priority to: | |||||
(1) districts with maintenance and operations tax | |||||
rates at least equal to the state maximum compressed tax rate, as | |||||
defined by Section 48.051(a) [ |
|||||
maintenance and operations tax revenue per weighted student; and | |||||
(2) districts with debt service tax rates near or | |||||
equal to the greatest rates permitted by law. | |||||
(c) The commissioner may adopt rules to implement and | |||||
administer this section. | |||||
Sec. 48.266 [ |
|||||
FUND. (a) For each school year the commissioner shall determine: | |||||
(1) the amount of money to which a school district is | |||||
entitled under Subchapters B, [ |
|||||
(2) the amount of money to which a school district is | |||||
entitled under Subchapter E [ |
|||||
(3) the amount of money allocated to the district from | |||||
the available school fund; | |||||
(4) the amount of each district's tier one local share | |||||
under Section 48.256 [ |
|||||
(5) the amount of each district's tier two local share | |||||
under Section 48.202 for: | |||||
(A) the district's maintenance and operations | |||||
tax effort described by Section 48.202(a-1)(1); and | |||||
(B) the district's maintenance and operations | |||||
tax effort described by Section 48.202(a-1)(2) [ |
|||||
(b) Except as provided by this subsection, the commissioner | |||||
shall base the determinations under Subsection (a) on the estimates | |||||
provided to the legislature under Section 48.269 [ |
|||||
the General Appropriations Act provides estimates for that purpose, | |||||
on the estimates provided under that Act, for each school district | |||||
for each school year. The commissioner shall reduce the | |||||
entitlement of each district that has a final taxable value of | |||||
property for the second year of a state fiscal biennium that is | |||||
higher than the estimate under Section 48.269 [ |
|||||
General Appropriations Act, as applicable. A reduction under this | |||||
subsection may not reduce the district's entitlement below the | |||||
amount to which it is entitled at its actual taxable value of | |||||
property. | |||||
(c) Each school district is entitled to an amount equal to | |||||
the difference for that district between the sum of Subsections | |||||
(a)(1) and (a)(2) and the sum of Subsections (a)(3), (a)(4), and | |||||
(a)(5). | |||||
(d) The commissioner shall approve warrants to each school | |||||
district equaling the amount of its entitlement except as provided | |||||
by this section. Warrants for all money expended according to this | |||||
chapter shall be approved and transmitted to treasurers or | |||||
depositories of school districts in the same manner that warrants | |||||
for state payments are transmitted. The total amount of the | |||||
warrants issued under this section may not exceed the total amount | |||||
appropriated for Foundation School Program purposes for that fiscal | |||||
year. | |||||
(e) [ |
|||||
satisfaction of the commissioner that the estimate of the | |||||
district's tax rate, student enrollment, or taxable value of | |||||
property used in determining the amount of state funds to which the | |||||
district is entitled are so inaccurate as to result in undue | |||||
financial hardship to the district, the commissioner may adjust | |||||
funding to that district in that school year to the extent that | |||||
funds are available for that year. | |||||
(f) [ |
|||||
School Program for the second year of a state fiscal biennium is | |||||
less than the amount to which school districts and open-enrollment | |||||
charter schools are entitled for that year, the commissioner shall | |||||
certify the amount of the difference to the Legislative Budget | |||||
Board not later than January 1 of the second year of the state | |||||
fiscal biennium. The Legislative Budget Board shall propose to the | |||||
legislature that the certified amount be transferred to the | |||||
foundation school fund from the economic stabilization fund and | |||||
appropriated for the purpose of increases in allocations under this | |||||
subsection. If the legislature fails during the regular session to | |||||
enact the proposed transfer and appropriation and there are not | |||||
funds available under Subsection (h) [ |
|||||
adjust the total amounts due to each school district and | |||||
open-enrollment charter school under this chapter and the total | |||||
amounts necessary for each school district to comply with the | |||||
requirements of Chapter 49 [ |
|||||
to each district and school the same percentage adjustment to the | |||||
total amount of state and local revenue due to the district or | |||||
school under this chapter and Chapter 49 [ |
|||||
amount of the adjustment to all districts and schools results in an | |||||
amount equal to the total adjustment necessary. The following | |||||
fiscal year: | |||||
(1) a district's or school's entitlement under this | |||||
section is increased by an amount equal to the adjustment made | |||||
under this subsection; and | |||||
(2) the amount necessary for a district to comply with | |||||
the requirements of Chapter 49 [ |
|||||
necessary to ensure a district's full recovery of the adjustment | |||||
made under this subsection. | |||||
(g) [ |
|||||
shall determine the actual amount of state funds to which each | |||||
school district is entitled under the allocation formulas in this | |||||
chapter for the current school year and shall compare that amount | |||||
with the amount of the warrants issued to each district for that | |||||
year. If the amount of the warrants differs from the amount to | |||||
which a district is entitled because of variations in the | |||||
district's tax rate, student enrollment, or taxable value of | |||||
property, the commissioner shall adjust the district's entitlement | |||||
for the next fiscal year accordingly. | |||||
(h) [ |
|||||
for increases under Subsection (g) [ |
|||||
comptroller, at any time during the fiscal year, finds are | |||||
available. | |||||
(i) [ |
|||||
district the total amount by which the district's allocation of | |||||
state funds is increased or reduced under Subsection (g) [ |
|||||
shall certify that amount to the district. | |||||
Sec. 48.267 [ |
|||||
The commissioner may make adjustments to amounts due to a school | |||||
district under this chapter or Chapter 46, or to amounts necessary | |||||
for a district to comply with the requirements of Chapter 49 [ |
|||||
as provided by this section. | |||||
(b) A school district that has a major taxpayer, as | |||||
determined by the commissioner, that because of a protest of the | |||||
valuation of the taxpayer's property fails to pay all or a portion | |||||
of the ad valorem taxes due to the district may apply to the | |||||
commissioner to have the district's taxable value of property or ad | |||||
valorem tax collections adjusted for purposes of this chapter or | |||||
Chapter [ |
|||||
only to the extent the commissioner determines that making the | |||||
adjustment will not: | |||||
(1) in the fiscal year in which the adjustment is made, | |||||
cause the amount to which school districts are entitled under this | |||||
chapter to exceed the amount appropriated for purposes of the | |||||
Foundation School Program for that year; and | |||||
(2) if the adjustment is made in the first year of a | |||||
state fiscal biennium, cause the amount to which school districts | |||||
are entitled under this chapter for the second year of the biennium | |||||
to exceed the amount appropriated for purposes of the Foundation | |||||
School Program for that year. | |||||
(c) The commissioner shall recover the benefit of any | |||||
adjustment made under this section by making offsetting adjustments | |||||
in the school district's taxable value of property or ad valorem tax | |||||
collections for purposes of this chapter or Chapter [ |
|||||
on a final determination of the taxable value of property that was | |||||
the basis of the original adjustment, or in the second school year | |||||
following the year in which the adjustment is made, whichever is | |||||
earlier. | |||||
(d) This section does not require the commissioner to make | |||||
any requested adjustment. A determination by the commissioner | |||||
under this section is final and may not be appealed. | |||||
Sec. 48.268 [ |
|||||
DISPUTE OR ERROR RESULTING IN TAXATION OF SAME PROPERTY BY MULTIPLE | |||||
SCHOOL DISTRICTS. The commissioner shall adjust the amounts due to | |||||
a school district under this chapter and Chapter 46 as necessary to | |||||
account for the resolution of a dispute or error involving the | |||||
district and another district by an agreement between the districts | |||||
entered into under Section 31.112(c), Tax Code, or by a final order | |||||
of the supreme court entered under Section 72.010, Local Government | |||||
Code. | |||||
Sec. 48.269 [ |
|||||
than October 1 of each even-numbered year: | |||||
(1) the agency shall submit to the legislature an | |||||
estimate of the tax rate and student enrollment of each school | |||||
district for the following biennium; and | |||||
(2) the comptroller shall submit to the legislature an | |||||
estimate of the total taxable value of all property in the state as | |||||
determined under Subchapter M, Chapter 403, Government Code, for | |||||
the following biennium. | |||||
(b) The agency and the comptroller shall update the | |||||
information provided to the legislature under Subsection (a) not | |||||
later than March 1 of each odd-numbered year. | |||||
Sec. 48.270 [ |
|||||
When, in the opinion of the agency's director of school audits, | |||||
audits or reviews of accounting, enrollment, or other records of a | |||||
school district reveal deliberate falsification of the records, or | |||||
violation of the provisions of this chapter, through which the | |||||
district's share of state funds allocated under the authority of | |||||
this chapter would be, or has been, illegally increased, the | |||||
director shall promptly and fully report the fact to the State Board | |||||
of Education, the state auditor, and the appropriate county | |||||
attorney, district attorney, or criminal district attorney. | |||||
Sec. 48.271 [ |
|||||
the final determination of an appeal under Chapter 42, Tax Code, | |||||
results in a reduction in the taxable value of property that exceeds | |||||
five percent of the total taxable value of property in the school | |||||
district for the same tax year determined under Subchapter M, | |||||
Chapter 403, Government Code, the commissioner shall request the | |||||
comptroller to adjust its taxable property value findings for that | |||||
year consistent with the final determination of the appraisal | |||||
appeal. | |||||
(b) If the district would have received a greater amount | |||||
from the foundation school fund for the applicable school year | |||||
using the adjusted value, the commissioner shall add the difference | |||||
to subsequent distributions to the district from the foundation | |||||
school fund. An adjustment does not affect the local fund | |||||
assignment of any other district. | |||||
Sec. 48.272 [ |
|||||
(a) If a school district has received an overallocation of state | |||||
funds, the agency shall, by withholding from subsequent allocations | |||||
of state funds for the current or subsequent school year or by | |||||
requesting and obtaining a refund, recover from the district an | |||||
amount equal to the overallocation. | |||||
(b) [ |
|||||
recover an overallocation of state funds over a period not to exceed | |||||
the subsequent five school years if the commissioner determines | |||||
that the overallocation was the result of exceptional circumstances | |||||
reasonably caused by statutory changes to Chapter [ |
|||||
or this chapter and related reporting requirements. | |||||
(c) [ |
|||||
refund under Subsection (a), the agency shall certify to the | |||||
comptroller that the amount constitutes a debt for purposes of | |||||
Section 403.055, Government Code. The agency 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. | |||||
(d) [ |
|||||
deposited in the foundation school fund. | |||||
Sec. 48.273 [ |
|||||
(a) In this section: | |||||
(1) "Category 1 school district" means a school | |||||
district having a wealth per student of less than one-half of the | |||||
statewide average wealth per student. | |||||
(2) "Category 2 school district" means a school | |||||
district having a wealth per student of at least one-half of the | |||||
statewide average wealth per student but not more than the | |||||
statewide average wealth per student. | |||||
(3) "Category 3 school district" means a school | |||||
district having a wealth per student of more than the statewide | |||||
average wealth per student. | |||||
(4) "Wealth per student" means the taxable property | |||||
values reported by the comptroller to the commissioner under | |||||
Section 48.256 [ |
|||||
average daily attendance. | |||||
(b) Payments from the foundation school fund to each | |||||
category 1 school district shall be made as follows: | |||||
(1) 15 percent of the yearly entitlement of the | |||||
district shall be paid in an installment to be made on or before the | |||||
25th day of September of a fiscal year; | |||||
(2) 80 percent of the yearly entitlement of the | |||||
district shall be paid in eight equal installments to be made on or | |||||
before the 25th day of October, November, December, January, March, | |||||
May, June, and July; and | |||||
(3) five percent of the yearly entitlement of the | |||||
district shall be paid in an installment to be made on or before the | |||||
25th day of February. | |||||
(c) Payments from the foundation school fund to each | |||||
category 2 school district shall be made as follows: | |||||
(1) 22 percent of the yearly entitlement of the | |||||
district shall be paid in an installment to be made on or before the | |||||
25th day of September of a fiscal year; | |||||
(2) 18 percent of the yearly entitlement of the | |||||
district shall be paid in an installment to be made on or before the | |||||
25th day of October; | |||||
(3) 9.5 percent of the yearly entitlement of the | |||||
district shall be paid in an installment to be made on or before the | |||||
25th day of November; | |||||
(4) 7.5 percent of the yearly entitlement of the | |||||
district shall be paid in an installment to be made on or before the | |||||
25th day of April; | |||||
(5) five percent of the yearly entitlement of the | |||||
district shall be paid in an installment to be made on or before the | |||||
25th day of May; | |||||
(6) 10 percent of the yearly entitlement of the | |||||
district shall be paid in an installment to be made on or before the | |||||
25th day of June; | |||||
(7) 13 percent of the yearly entitlement of the | |||||
district shall be paid in an installment to be made on or before the | |||||
25th day of July; and | |||||
(8) 15 percent of the yearly entitlement of the | |||||
district shall be paid in an installment to be made on or before the | |||||
25th day of August. | |||||
(d) Payments from the foundation school fund to each | |||||
category 3 school district shall be made as follows: | |||||
(1) 45 percent of the yearly entitlement of the | |||||
district shall be paid in an installment to be made on or before the | |||||
25th day of September of a fiscal year; | |||||
(2) 35 percent of the yearly entitlement of the | |||||
district shall be paid in an installment to be made on or before the | |||||
25th day of October; and | |||||
(3) 20 percent of the yearly entitlement of the | |||||
district shall be paid in an installment to be made on or before the | |||||
25th day of August. | |||||
(e) The amount of any installment required by this section | |||||
may be modified to provide a school district with the proper amount | |||||
to which the district may be entitled by law and to correct errors | |||||
in the allocation or distribution of funds. If an installment under | |||||
this section is required to be equal to other installments, the | |||||
amount of other installments may be adjusted to provide for that | |||||
equality. A payment under this section is not invalid because it is | |||||
not equal to other installments. | |||||
(f) Previously unpaid additional funds from prior fiscal | |||||
years owed to a district shall be paid to the district together with | |||||
the September payment of the current fiscal year entitlement. | |||||
(g) The commissioner shall make all annual Foundation | |||||
School Program payments under this section for purposes described | |||||
by Sections 45.252(a)(1) and (2) before the deadline established | |||||
under Section 45.263(b) for payment of debt service on | |||||
bonds. Notwithstanding any other provision of this section, the | |||||
commissioner may make Foundation School Program payments under this | |||||
section after the deadline established under Section 45.263(b) only | |||||
if the commissioner has not received notice under Section 45.258 | |||||
concerning a district's failure or inability to pay matured | |||||
principal or interest on bonds. | |||||
Sec. 48.274 [ |
|||||
TO CERTAIN CHARTER SCHOOLS. (a) On the request of an | |||||
open-enrollment charter school, the commissioner shall compare the | |||||
student enrollment of the open-enrollment charter school for the | |||||
current school year to the student enrollment of the school during | |||||
the preceding school year. If the number of students enrolled at | |||||
the open-enrollment charter school for the current school year has | |||||
increased by 10 percent or more from the number of students enrolled | |||||
during the preceding school year, the open-enrollment charter | |||||
school may request that payments from the foundation school fund to | |||||
the school for the following school year and each subsequent school | |||||
year, subject to Subsection (b), be made according to the schedule | |||||
provided under Subsection (c). | |||||
(b) An open-enrollment charter school that qualifies to | |||||
receive funding as provided by this section is entitled to receive | |||||
funding in that manner for three school years. On the expiration | |||||
of that period, the commissioner shall determine the eligibility of | |||||
the open-enrollment charter school to continue receiving payments | |||||
from the foundation school fund under this section for an | |||||
additional three school years. Subsequently, the open-enrollment | |||||
charter school must reestablish eligibility in the manner provided | |||||
by this subsection every three school years. | |||||
(c) Payments from the foundation school fund to an | |||||
open-enrollment charter school under this section shall be made as | |||||
follows: | |||||
(1) 22 percent of the yearly entitlement of the school | |||||
shall be paid in an installment to be made on or before the 25th day | |||||
of September of a fiscal year; | |||||
(2) 18 percent of the yearly entitlement of the school | |||||
shall be paid in an installment to be made on or before the 25th day | |||||
of October; | |||||
(3) 9.5 percent of the yearly entitlement of the | |||||
school shall be paid in an installment to be made on or before the | |||||
25th day of November; | |||||
(4) four percent of the yearly entitlement of the | |||||
school shall be paid in an installment to be made on or before the | |||||
25th day of December; | |||||
(5) four percent of the yearly entitlement of the | |||||
school shall be paid in an installment to be made on or before the | |||||
25th day of January; | |||||
(6) four percent of the yearly entitlement of the | |||||
school shall be paid in an installment to be made on or before the | |||||
25th day of February; | |||||
(7) four percent of the yearly entitlement of the | |||||
school shall be paid in an installment to be made on or before the | |||||
25th day of March; | |||||
(8) 7.5 percent of the yearly entitlement of the | |||||
school shall be paid in an installment to be made on or before the | |||||
25th day of April; | |||||
(9) five percent of the yearly entitlement of the | |||||
school shall be paid in an installment to be made on or before the | |||||
25th day of May; | |||||
(10) seven percent of the yearly entitlement of the | |||||
school shall be paid in an installment to be made on or before the | |||||
25th day of June; | |||||
(11) seven percent of the yearly entitlement of the | |||||
school shall be paid in an installment to be made on or before the | |||||
25th day of July; and | |||||
(12) eight percent of the yearly entitlement of the | |||||
school shall be paid in an installment to be made on or before the | |||||
25th day of August. | |||||
(d) The amount of any installment required by this section | |||||
may be modified to provide an open-enrollment charter school with | |||||
the proper amount to which the school may be entitled by law and to | |||||
correct errors in the allocation or distribution of funds. | |||||
(e) Previously unpaid additional funds from prior fiscal | |||||
years owed to an open-enrollment charter school shall be paid to the | |||||
school together with the September payment of the current fiscal | |||||
year entitlement. | |||||
Sec. 48.275 [ |
|||||
section, "participating charter school" means an open-enrollment | |||||
charter school that participates in the uniform group coverage | |||||
program established under Chapter 1579, Insurance Code. | |||||
(b) The amount of additional funds to which each school | |||||
district or participating charter school is entitled due to the | |||||
increases in formula funding made by H.B. No. 3343, Acts of the 77th | |||||
Legislature, Regular Session, 2001, and any subsequent legislation | |||||
amending the provisions amended by that Act that increase formula | |||||
funding under Chapter 49 [ |
|||||
and charter schools is available for purposes of Subsection (c). | |||||
(c) Notwithstanding any other provision of this code, a | |||||
school district or participating charter school may use the sum of | |||||
the following amounts of funds only to pay contributions under a | |||||
group health coverage plan for district or school employees: | |||||
(1) the amount determined by multiplying the amount of | |||||
$900 or the amount specified in the General Appropriations Act for | |||||
that year for purposes of the state contribution under Section | |||||
1579.251, Insurance Code, by the number of district or school | |||||
employees who participate in a group health coverage plan provided | |||||
by or through the district or school; and | |||||
(2) the difference between the amount necessary for | |||||
the district or school to comply with Section 1581.052, Insurance | |||||
Code, for the school year and the amount the district or school is | |||||
required to use to provide health coverage under Section 1581.051, | |||||
Insurance Code, for that year. | |||||
(d) A determination by the commissioner under this section | |||||
is final and may not be appealed. | |||||
[ |
|||||
|
|||||
Sec. 48.276 [ |
|||||
fiscal year, the commissioner shall identify amounts appropriated | |||||
in the General Appropriations Act from the Foundation School | |||||
Fund[ |
|||||
general revenue fund. [ |
|||||
|
|||||
|
|||||
|
|||||
|
|||||
|
|||||
(b) For the purposes of state aid payments to school | |||||
districts under this chapter, the tax rate conversion fund shall be | |||||
considered to be used in the same manner as the foundation school | |||||
fund. | |||||
SECTION 1.033. Subchapter F, Chapter 48, Education Code, as | |||||
added by this Act, is amended by adding Section 48.277 to read as | |||||
follows: | |||||
Sec. 48.277. FORMULA TRANSITION GRANT. (a) Subject to | |||||
Subsection (b), a school district is entitled to receive an annual | |||||
allotment in the amount equal to the difference, if the difference | |||||
is greater than zero, that results from subtracting the total | |||||
maintenance and operations tax revenue per student in weighted | |||||
average daily attendance for the school year for the current school | |||||
year from the lesser of: | |||||
(1) the district's total maintenance and operations | |||||
tax revenue per student in weighted average daily attendance for | |||||
the 2018-2019 school year; or | |||||
(2) 125 percent of the statewide average amount of | |||||
maintenance and operations funding per student in weighted average | |||||
daily attendance for the 2018-2019 school year. | |||||
(b) For purposes of calculating maintenance and operations | |||||
funding under Subsection (a), the commissioner shall: | |||||
(1) include all state and federal funding, except for | |||||
any funding provided under this section or former Subchapter H, | |||||
Chapter 42; | |||||
(2) reduce the amounts calculated under Subsections | |||||
(a)(1) and (2) by: | |||||
(A) for the 2020-2021 school year, 10 percent; | |||||
and | |||||
(B) for the 2021-2022 school year, 20 percent; | |||||
(3) adjust the calculation to reflect a reduction in | |||||
tax effort by a school district; and | |||||
(4) if a school district receives a waiver relating to | |||||
eligibility requirements for the national free or reduced-price | |||||
lunch program under 42 U.S.C. Section 1751 et seq., use the numbers | |||||
of educationally disadvantaged students on which the district's | |||||
entitlement to compensatory education funds was based for the | |||||
school year before the school year in which the district received | |||||
the waiver, adjusted for estimated enrollment growth. | |||||
(c) A decision by the commissioner under this section is | |||||
final and may not be appealed. | |||||
(d) A school district is not entitled to an allotment under | |||||
this section beginning with the 2022-2023 school year. | |||||
(e) This section expires September 1, 2024. | |||||
SECTION 1.034. Chapter 48, Education Code, as added by this | |||||
Act, is amended by adding Subchapter G, and a heading is added to | |||||
that subchapter to read as follows: | |||||
SUBCHAPTER G. SCHOOL FACILITIES INVENTORY AND STANDARDS | |||||
SECTION 1.035. Sections 42.352 and 42.4101, Education Code, | |||||
are transferred to Subchapter G, Chapter 48, Education Code, as | |||||
added by this Act, redesignated as Sections 48.301 and 48.302, | |||||
Education Code, and amended to read as follows: | |||||
Sec. 48.301 [ |
|||||
Board of Education shall establish standards for adequacy of school | |||||
facilities. The standards shall include requirements related to | |||||
space, educational adequacy, and construction quality. All | |||||
facilities constructed after September 1, 1992, must meet the | |||||
standards in order to be financed with state or local tax funds. | |||||
Sec. 48.302 [ |
|||||
DISTRICTS WITH STUDENTS USING PUBLIC EDUCATION GRANTS. (a) A | |||||
district is entitled to additional assistance under this section as | |||||
provided by Section 29.203(c). | |||||
(b) The amount of additional assistance under this section | |||||
is computed by subtracting the number of students residing in the | |||||
district and using public education grants to attend school in | |||||
another district for the year in which the assistance is granted | |||||
from the number of students using public education grants to attend | |||||
school in the district for that year and multiplying the difference | |||||
by $266. | |||||
[ |
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|
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SECTION 1.036. Subtitle I, Title 2, Education Code, is | |||||
amended by adding Chapter 49, and a heading is added to that chapter | |||||
to read as follows: | |||||
CHAPTER 49. OPTIONS FOR LOCAL REVENUE LEVELS IN EXCESS OF | |||||
ENTITLEMENT | |||||
SECTION 1.037. Chapter 49, Education Code, as added by this | |||||
Act, is amended by adding Subchapter A, and a heading is added to | |||||
that subchapter to read as follows: | |||||
SUBCHAPTER A. GENERAL PROVISIONS | |||||
SECTION 1.038. Sections 41.001, 41.003, 41.0031, 41.004, | |||||
41.005, 41.006, 41.007, 41.008, 41.009, 41.010, 41.011, 41.012, and | |||||
41.013, Education Code, are transferred to Subchapter A, Chapter | |||||
49, Education Code, as added by this Act, redesignated as Sections | |||||
49.001, 49.002, 49.003, 49.004, 49.005, 49.006, 49.007, 49.008, | |||||
49.009, 49.010, 49.011, 49.012, and 49.013, Education Code, and | |||||
amended to read as follows: | |||||
Sec. 49.001 [ |
|||||
(1) "Local revenue [ |
|||||
of entitlement" means local revenue levels that exceed the levels | |||||
[ |
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(2) [ |
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|
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|
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|
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[ |
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meaning assigned by Section 48.202 [ |
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Sec. 49.002 [ |
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[ |
|||||
level in excess of entitlement [ |
|||||
|
|||||
actions to reduce the district's revenue level [ |
|||||
|
|||||
(1) consolidation with another district as provided by | |||||
Subchapter B; | |||||
(2) detachment of territory as provided by Subchapter | |||||
C; | |||||
(3) purchase of average daily attendance credit as | |||||
provided by Subchapter D; | |||||
(4) education of nonresident students as provided by | |||||
Subchapter E; or | |||||
(5) tax base consolidation with another district as | |||||
provided by Subchapter F. | |||||
Sec. 49.003 [ |
|||||
[ |
|||||
In determining whether a school district has a local revenue | |||||
[ |
|||||
level in excess of entitlement, the commissioner shall use: | |||||
(1) the district's final weighted average daily | |||||
attendance; and | |||||
(2) the amount [ |
|||||
a district purchases under Subchapter D or the number of | |||||
nonresident students a district educates under Subchapter E for a | |||||
school year. | |||||
Sec. 49.004 [ |
|||||
[ |
|||||
the estimate of enrollment under Section 48.269 [ |
|||||
commissioner shall review the local revenue level [ |
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|
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(1) each district with a local revenue level in excess | |||||
of entitlement [ |
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|
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(2) each district to which the commissioner proposes | |||||
to annex property detached from a district notified under | |||||
Subdivision (1), if necessary, under Subchapter G; and | |||||
(3) each district to which the commissioner proposes | |||||
to consolidate a district notified under Subdivision (1), if | |||||
necessary, under Subchapter H. | |||||
(b) If, before the dates provided by this subsection, a | |||||
district notified under Subsection (a)(1) has not successfully | |||||
exercised one or more options under Section 49.002 [ |
|||||
reduce the district's local revenue level [ |
|||||
level equal to or less than the [ |
|||||
established under Section 48.257, the commissioner shall order the | |||||
detachment of property from that district as provided by Subchapter | |||||
G. If that detachment will not reduce the district's local revenue | |||||
level [ |
|||||
[ |
|||||
commissioner may not detach property under Subchapter G but shall | |||||
order the consolidation of the district with one or more other | |||||
districts as provided by Subchapter H. An agreement under Section | |||||
49.002(1) [ |
|||||
September 1 immediately following the notice under Subsection (a). | |||||
An election for an option under Section 49.002(3) [ |
|||||
or (5) must be ordered before September 1 immediately following the | |||||
notice under Subsection (a). | |||||
(c) A district notified under Subsection (a) may not adopt a | |||||
tax rate for the tax year in which the district receives the notice | |||||
until the commissioner certifies that the district has reduced the | |||||
district's local revenue level in excess of entitlement to the | |||||
[ |
|||||
48.257. | |||||
(d) A detachment and annexation or consolidation under this | |||||
chapter: | |||||
(1) is effective for Foundation School Program funding | |||||
purposes for the school year that begins in the calendar year in | |||||
which the detachment and annexation or consolidation is agreed to | |||||
or ordered; and | |||||
(2) applies to the ad valorem taxation of property | |||||
beginning with the tax year in which the agreement or order is | |||||
effective. | |||||
Sec. 49.005 [ |
|||||
COOPERATION. The chief appraiser of each appraisal district and | |||||
the comptroller shall cooperate with the commissioner and school | |||||
districts in implementing this chapter. | |||||
Sec. 49.006 [ |
|||||
adopt rules necessary for the implementation of this chapter. The | |||||
rules may provide for the commissioner to make necessary | |||||
adjustments to the provisions of Chapter 48 [ |
|||||
providing for the commissioner to make an adjustment in the funding | |||||
element established by Section 48.202 [ |
|||||
date practicable, to the amount the commissioner believes, taking | |||||
into consideration options exercised by school districts under this | |||||
chapter and estimates of student enrollments, will match | |||||
appropriation levels. | |||||
(b) As necessary for the effective and efficient | |||||
administration of this chapter, the commissioner may modify | |||||
effective dates and time periods for actions described by this | |||||
chapter. | |||||
Sec. 49.007 [ |
|||||
BOUNDARY CHANGES. A school district that is involved in an action | |||||
under this chapter that results in boundary changes to the district | |||||
or in the consolidation of tax bases is subject to consolidation, | |||||
detachment, or annexation under Chapter 13 only if the commissioner | |||||
certifies that the change under Chapter 13 will not result in a | |||||
district with a local revenue [ |
|||||
|
|||||
Sec. 49.008 [ |
|||||
governing board of a school district that results from | |||||
consolidation under this chapter, including a consolidated taxing | |||||
district under Subchapter F, for the tax year in which the | |||||
consolidation occurs may determine whether to adopt a homestead | |||||
exemption provided by Section 11.13, Tax Code, and may set the | |||||
amount of the exemption, if adopted, at any time before the school | |||||
district adopts a tax rate for that tax year. This section applies | |||||
only to an exemption that the governing board of a school district | |||||
is authorized to adopt or change in amount under Section 11.13, Tax | |||||
Code. | |||||
(b) This section prevails over any inconsistent provision | |||||
of Section 11.13, Tax Code, or other law. | |||||
Sec. 49.009 [ |
|||||
agreement executed by a school district that is involved in | |||||
consolidation or in detachment and annexation of territory under | |||||
this chapter is not affected and applies to the taxation of the | |||||
property covered by the agreement as if executed by the district | |||||
within which the property is included. | |||||
(b) The commissioner shall determine the local revenue | |||||
[ |
|||||
any tax abatement agreement executed by a school district on or | |||||
after May 31, 1993, had not been executed. | |||||
Sec. 49.010 [ |
|||||
payment of tax increments under Chapter 311, Tax Code, is not | |||||
affected by the consolidation of territory or tax bases or by | |||||
annexation under this chapter. In each tax year a school district | |||||
paying a tax increment from taxes on property over which the | |||||
district has assumed taxing power is entitled to retain the same | |||||
percentage of the tax increment from that property that the | |||||
district in which the property was located before the consolidation | |||||
or annexation could have retained for the respective tax year. | |||||
(b) This section does not apply to the payment of tax | |||||
increments for an obligation refinanced or renewed after September | |||||
1, 2019. | |||||
Sec. 49.011 [ |
|||||
options described by Section 49.002 [ |
|||||
district are held invalid by a final decision of a court of | |||||
competent jurisdiction, a school district is entitled to exercise | |||||
any of the remaining valid options in accordance with a schedule | |||||
approved by the commissioner. | |||||
(b) If a final order of a court of competent jurisdiction | |||||
should hold each of the options provided by Section 49.002 [ |
|||||
invalid, the commissioner shall act under Subchapter G or H to | |||||
reduce the local revenue [ |
|||||
excess of entitlement only after notice and hearing is afforded to | |||||
each school district affected by the order. The commissioner shall | |||||
adopt a plan that least disrupts the affected school districts. If | |||||
because the exigency to adopt a plan prevents the commissioner from | |||||
giving a reasonable time for notice and hearing, the commissioner | |||||
shall timely give notice to and hold a hearing for the affected | |||||
school districts, but in no event less than 30 days from time of | |||||
notice to the date of hearing. | |||||
(c) If a final order of a court of competent jurisdiction | |||||
should hold an option provided by Section 49.002 [ |
|||||
and order a refund to a district of any amounts paid by a district | |||||
choosing that option, the amount shall be refunded but held in | |||||
reserve and not expended by the district until released by order of | |||||
the commissioner. The commissioner shall order the release | |||||
immediately on the commissioner's determination that, through one | |||||
of the means provided by law, the district has reduced the | |||||
district's local revenue level in excess of entitlement to the | |||||
[ |
|||||
48.257. The amount released shall be deducted from any state aid | |||||
payable to the district according to a schedule adopted by the | |||||
commissioner. | |||||
Sec. 49.012 [ |
|||||
this chapter for voter approval of an agreement entered by the board | |||||
of trustees shall be held on a Tuesday or Saturday not more than 45 | |||||
days after the date of the agreement. Section 41.001, Election | |||||
Code, does not apply to the election. | |||||
Sec. 49.013 [ |
|||||
by Subchapter G, a decision of the commissioner under this chapter | |||||
is appealable under Section 7.057. | |||||
(b) Any order of the commissioner issued under this chapter | |||||
shall be given immediate effect and may not be stayed or enjoined | |||||
pending any appeal. | |||||
(c) Chapter 2001, Government Code, does not apply to a | |||||
decision of the commissioner under this chapter. | |||||
(d) On the request of the commissioner, the secretary of | |||||
state shall publish any rules adopted under this chapter in the | |||||
Texas Register and the Texas Administrative Code. | |||||
SECTION 1.039. Subchapter B, Chapter 41, Education Code, is | |||||
transferred to Chapter 49, Education Code, as added by this Act, | |||||
redesignated as Subchapter B, Chapter 49, Education Code, and | |||||
amended to read as follows: | |||||
SUBCHAPTER B. CONSOLIDATION BY AGREEMENT | |||||
Sec. 49.051 [ |
|||||
any two or more school districts may consolidate the districts by | |||||
agreement in accordance with this subchapter to establish a | |||||
consolidated district with a local revenue level [ |
|||||
|
|||||
established under Section 48.257. The agreement is not effective | |||||
unless the commissioner certifies that the consolidated district, | |||||
as a result of actions taken under this chapter, will have a local | |||||
revenue level [ |
|||||
[ |
|||||
Sec. 49.052 [ |
|||||
modified by the terms of the agreement, the consolidated district | |||||
is governed by the applicable provisions of Subchapter D, Chapter | |||||
13, other than a provision requiring consolidating districts to be | |||||
contiguous. The agreement may not be inconsistent with the | |||||
requirements of this subchapter. | |||||
Sec. 49.053 [ |
|||||
among the consolidating districts may include a governance plan | |||||
designed to preserve community-based and site-based decision | |||||
making within the consolidated district, including the delegation | |||||
of specific powers of the governing board of the district other than | |||||
the power to levy taxes, including a provision authorized by | |||||
Section 13.158(b). | |||||
(b) The governance plan may provide for a transitional board | |||||
of trustees during the first year after consolidation, but | |||||
beginning with the next year the board of trustees must be elected | |||||
from within the boundaries of the consolidated district. If the | |||||
consolidating districts elect trustees from single-member | |||||
districts, the consolidated district must adopt a plan to elect its | |||||
board of trustees from single-member districts. | |||||
Sec. 49.054 [ |
|||||
second school years after creation of a consolidated district under | |||||
this subchapter, the commissioner shall adjust allotments to the | |||||
consolidated district to the extent necessary to preserve the | |||||
effects of an adjustment under Section 48.052 [ |
|||||
|
|||||
been entitled but for the consolidation. | |||||
(b) Except as provided by Subsection (c), a district | |||||
receiving incentive aid payments under this section is not entitled | |||||
to incentive aid under Subchapter G, Chapter 13. | |||||
(c) Four or more districts that consolidate into one | |||||
district under this subchapter within a period of one year may elect | |||||
to receive incentive aid under this section or to receive incentive | |||||
aid for not more than five years under Subchapter G, Chapter 13. | |||||
Incentive aid under this subsection may not provide the | |||||
consolidated district with more revenue in state and local funds | |||||
than the district would receive at the [ |
|||||
established under Section 48.257. | |||||
SECTION 1.040. Subchapter C, Chapter 41, Education Code, is | |||||
transferred to Chapter 49, Education Code, redesignated as | |||||
Subchapter C, Chapter 49, Education Code, and amended to read as | |||||
follows: | |||||
SUBCHAPTER C. DETACHMENT AND ANNEXATION BY AGREEMENT | |||||
Sec. 49.101 [ |
|||||
governing boards of two school districts, territory may be detached | |||||
from one of the districts and annexed to the other district if, | |||||
after the action: | |||||
(1) the local revenue level [ |
|||||
the district from which territory is detached is equal to or less | |||||
than the [ |
|||||
and | |||||
(2) the local revenue level [ |
|||||
the district to which territory is annexed is not greater than the | |||||
greatest level for which funds are provided under Subchapter E [ |
|||||
Chapter 48 [ |
|||||
(b) The agreement is not effective unless the commissioner | |||||
certifies that, after all actions taken under this chapter, the | |||||
local revenue level [ |
|||||
will be equal to or less than the applicable level permitted by | |||||
Subsection (a). | |||||
Sec. 49.102 [ |
|||||
of any conflict with this chapter and except for any requirement | |||||
that detached property must be annexed to a school district that is | |||||
contiguous to the detached territory, the annexation and detachment | |||||
is governed by Chapter 13. | |||||
Sec. 49.103 [ |
|||||
DIVIDED UNIT. If portions of a parcel or other item of property are | |||||
located in different school districts as a result of a detachment | |||||
and annexation under this subchapter, the parcel or other item of | |||||
property shall be appraised for taxation as a unit, and the | |||||
agreement shall allocate the taxable value of the property between | |||||
the districts. | |||||
Sec. 49.104 [ |
|||||
annexation agreement may allocate to the receiving district any | |||||
portion of the indebtedness of the district from which the | |||||
territory is detached, and the receiving district assumes and is | |||||
liable for the allocated indebtedness. | |||||
Sec. 49.105 [ |
|||||
the agreement is executed, the districts involved shall notify each | |||||
affected property owner and the appraisal district in which the | |||||
affected property is located. | |||||
SECTION 1.041. Chapter 49, Education Code, as added by this | |||||
Act, is amended by adding Subchapter D, and a heading is added to | |||||
that subchapter to read as follows: | |||||
SUBCHAPTER D. PURCHASE OF ATTENDANCE CREDIT | |||||
SECTION 1.042. Sections 41.091, 41.092, 41.093, 41.094, | |||||
41.095, 41.096, 41.097, and 41.099, Education Code, are transferred | |||||
to Subchapter D, Chapter 49, Education Code, as added by this Act, | |||||
redesignated as Sections 49.151, 49.152, 49.153, 49.154, 49.155, | |||||
49.156, 49.157, and 49.158, Education Code, and amended to read as | |||||
follows: | |||||
Sec. 49.151 [ |
|||||
local revenue [ |
|||||
|
|||||
with the commissioner to purchase attendance credit [ |
|||||
amount sufficient, in combination with any other actions taken | |||||
under this chapter, to reduce the district's local revenue level | |||||
[ |
|||||
[ |
|||||
Sec. 49.152 [ |
|||||
credit purchased decreases the dollar amount of a district's local | |||||
revenue level[ |
|||||
|
|||||
|
|||||
district exceeds the [ |
|||||
Section 48.257. | |||||
[ |
|||||
|
|||||
|
|||||
Sec. 49.153 [ |
|||||
|
|||||
[ |
|||||
[ |
|||||
operations tax revenue that exceeds the level established under | |||||
Section 48.257 [ |
|||||
|
|||||
[ |
|||||
|
|||||
|
|||||
|
|||||
(b) For purposes of this section, a school district's | |||||
maintenance and operations tax revenue does not include any amounts | |||||
paid into a tax increment fund under Chapter 311, Tax Code. This | |||||
subsection does not apply to any amounts paid into a tax increment | |||||
fund for an obligation refinanced or renewed after September 1, | |||||
2019. | |||||
[ |
|||||
|
|||||
|
|||||
|
|||||
|
|||||
|
|||||
|
|||||
|
|||||
|
|||||
|
|||||
|
|||||
(c) The cost of [ |
|||||
is computed using the final tax collections of the district. | |||||
Sec. 49.154 [ |
|||||
shall pay for credit [ |
|||||
as determined by the commissioner beginning February 15 and ending | |||||
August 15 of the school year for which the agreement is in effect. | |||||
(b) Receipts shall be deposited in the state treasury and | |||||
may be used only for foundation school program purposes. | |||||
Sec. 49.155 [ |
|||||
section is valid for one school year and, subject to Section 49.156 | |||||
[ |
|||||
Sec. 49.156 [ |
|||||
executing an agreement under this section, the board of trustees | |||||
shall order and conduct an election, in the manner provided by | |||||
Sections 13.003(d)-(g), to obtain voter approval of the agreement. | |||||
(b) The ballot shall be printed to permit voting for or | |||||
against the proposition: "Authorizing the board of trustees of | |||||
________ School District to purchase attendance credit [ |
|||||
from the state with local tax revenues." | |||||
(c) The proposition is approved if the proposition receives | |||||
a favorable vote of a majority of the votes cast. If the | |||||
proposition is approved, the agreement executed by the board is | |||||
ratified, and the board has continuing authority to execute | |||||
agreements under this subchapter on behalf of the district without | |||||
further voter approval. | |||||
Sec. 49.157 [ |
|||||
total amount required under Section 49.153 [ |
|||||
to purchase attendance credit [ |
|||||
any school year is reduced by an amount equal to the product of the | |||||
district's total costs under Section 6.06, Tax Code, for the | |||||
appraisal district or districts in which it participates multiplied | |||||
by a percentage that is computed by dividing the total amount | |||||
required under Section 49.153 [ |
|||||
imposed in the district for that year less any amounts paid into a | |||||
tax increment fund under Chapter 311, Tax Code, subject to | |||||
Subsection (b). | |||||
(b) Amounts paid for an obligation refinanced or renewed | |||||
after September 1, 2019, are not included for purposes of | |||||
calculating amounts paid into a tax increment fund under Chapter | |||||
311, Tax Code, under Subsection (a) [ |
|||||
|
|||||
|
|||||
|
|||||
|
|||||
|
|||||
|
|||||
|
|||||
|
|||||
|
|||||
Sec. 49.158 [ |
|||||
49.154, and 49.157 [ |
|||||
only to a district that: | |||||
(1) executes an agreement to purchase [ |
|||||
credit [ |
|||||
[ |
|||||
established under Section 48.257; | |||||
(2) executes an agreement to purchase attendance | |||||
credit [ |
|||||
for the education of nonresident students who transfer to and are | |||||
educated in the district but who are not charged tuition; or | |||||
(3) executes an agreement under Subchapter E to | |||||
contract for the education of nonresident students: | |||||
(A) to an extent that does not provide more than | |||||
10 percent of the reduction in local revenue [ |
|||||
required for the district to achieve a local revenue level [ |
|||||
|
|||||
level established under Section 48.257; and | |||||
(B) under which all revenue paid by the district | |||||
to other districts, in excess of the reduction in state aid that | |||||
results from counting the weighted average daily attendance of the | |||||
students served in the contracting district, is required to be used | |||||
for funding a consortium of at least three districts in a county | |||||
with a population of less than 40,000 that is formed to support a | |||||
technology initiative. | |||||
(b) A district that executes an agreement under Subsection | |||||
(a)(3) must pay full market value for any good or service the | |||||
district obtains through the consortium. | |||||
SECTION 1.043. Effective September 1, 2024, Section | |||||
49.158(a), Education Code, as redesignated by this Act, is amended | |||||
to read as follows: | |||||
(a) Sections 49.154 and 49.157 [ |
|||||
|
|||||
(1) executes an agreement to purchase [ |
|||||
credit [ |
|||||
[ |
|||||
established under Section 48.257; | |||||
(2) executes an agreement to purchase attendance | |||||
credit [ |
|||||
for the education of nonresident students who transfer to and are | |||||
educated in the district but who are not charged tuition; or | |||||
(3) executes an agreement under Subchapter E to | |||||
contract for the education of nonresident students: | |||||
(A) to an extent that does not provide more than | |||||
10 percent of the reduction in local revenue [ |
|||||
required for the district to achieve a local revenue level [ |
|||||
|
|||||
level established under Section 48.257; and | |||||
(B) under which all revenue paid by the district | |||||
to other districts, in excess of the reduction in state aid that | |||||
results from counting the weighted average daily attendance of the | |||||
students served in the contracting district, is required to be used | |||||
for funding a consortium of at least three districts in a county | |||||
with a population of less than 40,000 that is formed to support a | |||||
technology initiative. | |||||
SECTION 1.044. Chapter 49, Education Code, as added by this | |||||
Act, is amended by adding Subchapter E, and a heading is added to | |||||
that subchapter to read as follows: | |||||
SUBCHAPTER E. EDUCATION OF NONRESIDENT STUDENTS | |||||
SECTION 1.045. Sections 41.121, 41.122, and 41.123, | |||||
Education Code, are transferred to Subchapter E, Chapter 49, | |||||
Education Code, as added by this Act, redesignated as Sections | |||||
49.201, 49.202, and 49.203, Education Code, and amended to read as | |||||
follows: | |||||
Sec. 49.201 [ |
|||||
trustees of a district with a local revenue [ |
|||||
|
|||||
execute an agreement to educate the students of another district in | |||||
a number that, when the weighted average daily attendance of the | |||||
students served is added to the weighted average daily attendance | |||||
of the contracting district, is sufficient, in combination with any | |||||
other actions taken under this chapter, to reduce the district's | |||||
local revenue level [ |
|||||
or less than the [ |
|||||
48.257. The agreement is not effective unless the commissioner | |||||
certifies that the transfer of weighted average daily attendance | |||||
will not result in any of the contracting districts' local revenue | |||||
level [ |
|||||
|
|||||
agreement requires an expenditure per student in weighted average | |||||
daily attendance that is at least equal to the amount per student in | |||||
weighted average daily attendance required under Section 49.153 | |||||
[ |
|||||
Sec. 49.202 [ |
|||||
executing an agreement under this subchapter other than an | |||||
agreement under Section 49.205 [ |
|||||
the district that will be educating nonresident students shall | |||||
order and conduct an election, in the manner provided by Sections | |||||
13.003(d)-(g), to obtain voter approval of the agreement. | |||||
(b) The ballot shall be printed to permit voting for or | |||||
against the proposition: "Authorizing the board of trustees of | |||||
________ School District to educate students of other school | |||||
districts with local tax revenues." | |||||
(c) The proposition is approved if the proposition receives | |||||
a favorable vote of a majority of the votes cast. If the | |||||
proposition is approved, the agreement executed by the board is | |||||
ratified, and the board has continuing authority to execute | |||||
agreements under this subchapter on behalf of the district without | |||||
further voter approval. | |||||
Sec. 49.203 [ |
|||||
48 [ |
|||||
are counted only in the weighted average daily attendance of the | |||||
district providing the services, except that students served under | |||||
an agreement authorized by Section 49.205 [ |
|||||
manner determined by the commissioner. | |||||
SECTION 1.046. Section 41.124, Education Code, as amended | |||||
by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the 85th | |||||
Legislature, Regular Session, 2017, is transferred to Subchapter E, | |||||
Chapter 49, Education Code, as added by this Act, redesignated as | |||||
Section 49.204, Education Code, and reenacted and amended to read | |||||
as follows: | |||||
Sec. 49.204 [ |
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trustees of a school district with a local revenue [ |
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|
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entitlement may reduce the district's local revenue level [ |
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|
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district and are educated by the district but who are not charged | |||||
tuition. A district that exercises the option under this | |||||
subsection is not required to execute an agreement with the school | |||||
district in which a transferring student resides and must certify | |||||
to the commissioner that the district has not charged or received | |||||
tuition for the transferring students. | |||||
(b) A school district with a local revenue [ |
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|
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entitlement that pays tuition to another school district for the | |||||
education of students that reside in the district may apply the | |||||
amount of tuition paid toward the cost of the option chosen by the | |||||
district to reduce its local revenue level [ |
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The amount applied under this subsection may not exceed the amount | |||||
of maintenance and operations tax revenue for one student in | |||||
weighted average daily attendance in [ |
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|
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commissioner may require any reports necessary to document the | |||||
tuition payments. | |||||
(c) A school district that receives tuition for a student | |||||
from a school district with a local revenue [ |
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|
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not claim attendance for that student for purposes of Chapters [ |
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|
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allotment under Section 31.0211. | |||||
SECTION 1.047. Section 41.125, Education Code, is | |||||
transferred to Subchapter E, Chapter 49, Education Code, as added | |||||
by this Act, redesignated as Section 49.205, Education Code, and | |||||
amended to read as follows: | |||||
Sec. 49.205 [ |
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PROGRAMS. (a) The board of trustees of a school district with a | |||||
local revenue [ |
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|
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local revenue level [ |
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to provide students of one or more other districts with career and | |||||
technology education through a program designated as an area | |||||
program for career and technology education. | |||||
(b) The agreement is not effective unless the commissioner | |||||
certifies that: | |||||
(1) implementation of the agreement will not result in | |||||
any of the affected districts' local revenue level [ |
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|
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established under Section 48.257; and | |||||
(2) the agreement requires the district with a local | |||||
revenue [ |
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level in excess of entitlement to make expenditures benefiting | |||||
students from other districts in an amount at least equal to the | |||||
amount that would be required for the district to purchase [ |
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|
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necessary, in combination with any other actions taken under this | |||||
chapter other than an action under this section, to reduce the | |||||
district's local revenue level [ |
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is equal to or less than the [ |
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under Section 48.257. | |||||
SECTION 1.048. Subchapter F, Chapter 41, Education Code, is | |||||
transferred to Chapter 49, Education Code, as added by this Act, | |||||
redesignated as Subchapter F, Chapter 49, Education Code, and | |||||
amended to read as follows: | |||||
SUBCHAPTER F. TAX BASE CONSOLIDATION | |||||
Sec. 49.251 [ |
|||||
two or more school districts may execute an agreement to conduct an | |||||
election on the creation of a consolidated taxing district for the | |||||
maintenance and operation of the component school districts. The | |||||
agreement is subject to approval by the commissioner. The | |||||
agreement is not effective unless the commissioner certifies that | |||||
the consolidated taxing district will have a local revenue level | |||||
[ |
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level established under Section 48.257 after all actions taken | |||||
under this chapter. | |||||
Sec. 49.252 [ |
|||||
under this subchapter must provide for the ordering of an election | |||||
to be held on the same date in each district. | |||||
Sec. 49.253 [ |
|||||
be printed to permit voting for or against the proposition: | |||||
"Creation of a consolidated taxing district composed of the | |||||
territory of _________________________ school districts, and | |||||
authorizing the levy, assessment, and collection of annual ad | |||||
valorem taxes for the maintenance of the public free schools within | |||||
that taxing district at a rate not to exceed $_________ on the $100 | |||||
valuation of taxable property." | |||||
(b) The rate to be included in the proposition shall be | |||||
provided by the agreement among the districts but may not exceed the | |||||
maximum rate provided by law for independent school districts. | |||||
Sec. 49.254 [ |
|||||
approved only if the proposition receives a favorable vote of the | |||||
majority of the votes cast within each participating school | |||||
district. | |||||
Sec. 49.255 [ |
|||||
consolidated taxing district is a school district established for | |||||
the limited purpose of exercising the taxing power authorized by | |||||
Section 3, Article VII, Texas Constitution, and distributing the | |||||
revenue to its component school districts. | |||||
Sec. 49.256 [ |
|||||
taxing district is governed by the boards of the component school | |||||
districts acting jointly. | |||||
(b) Any action taken by the joint board must receive a | |||||
favorable vote of a majority of each component district's board of | |||||
trustees. | |||||
Sec. 49.257 [ |
|||||
board shall levy a maintenance tax for the benefit of the component | |||||
school districts not later than September 1 of each year or as soon | |||||
thereafter as practicable. | |||||
(b) Each component district shall bear a share of the costs | |||||
of assessing and collecting taxes in proportion to the component | |||||
district's share of weighted average daily attendance in the | |||||
consolidated taxing district. | |||||
(c) A component district may not levy an ad valorem tax for | |||||
the maintenance and operation of the schools. | |||||
(d) Notwithstanding Section 45.003, the consolidated taxing | |||||
district may levy, assess, and collect a maintenance tax for the | |||||
benefit of the component districts at a rate that exceeds $1.50 per | |||||
$100 valuation of taxable property to the extent necessary to pay | |||||
contracted obligations on the lease purchase of permanent | |||||
improvements to real property entered into on or before May 12, | |||||
1993. The proposition to impose taxes at the necessary rate must be | |||||
submitted to the voters in the manner provided by Section 45.003. | |||||
Sec. 49.258 [ |
|||||
consolidated taxing district shall distribute maintenance tax | |||||
revenue to the component districts on the basis of the number of | |||||
students in weighted average daily attendance in the component | |||||
districts. | |||||
Sec. 49.259 [ |
|||||
The governing board of a component school district of a | |||||
consolidated taxing district that has consolidated for maintenance | |||||
and operation purposes only may issue bonds and levy, pledge, and | |||||
collect ad valorem taxes within that component district sufficient | |||||
to pay the principal of and interest on those bonds as provided by | |||||
Chapter 45. | |||||
(b) A component district levying an ad valorem tax under | |||||
this section or Section 49.260(b)(1) [ |
|||||
the guaranteed yield provided by Subchapter E [ |
|||||
for that portion of its tax rate that, when added to the maintenance | |||||
tax levied by the consolidated taxing unit, does not exceed the | |||||
limitation provided by Section 48.203 [ |
|||||
Sec. 49.260 [ |
|||||
CONSOLIDATION. (a) An agreement executed under Section 49.251 | |||||
[ |
|||||
consolidation for maintenance and operation purposes only. | |||||
(b) Under an agreement providing for total tax base | |||||
consolidation: | |||||
(1) the component districts may not levy maintenance | |||||
or bond taxes, except to the extent necessary to retire bonds and | |||||
other obligations issued before the effective date of the | |||||
consolidation; | |||||
(2) the joint board may issue bonds and levy, pledge, | |||||
and collect ad valorem taxes sufficient to pay the principal of and | |||||
interest on those bonds, and issue refunding bonds, as provided by | |||||
Chapter 45 for independent school districts; and | |||||
(3) to the end of the ballot proposition required | |||||
under Section 49.253(a) [ |
|||||
to create a consolidated tax base for the repayment of all bonded | |||||
indebtedness issued by the joint board of the taxing district after | |||||
the effective date of the consolidation and to authorize the joint | |||||
board to levy, pledge, and collect ad valorem taxes at a rate | |||||
sufficient to pay the principal of and interest on those bonds." | |||||
(c) Under an agreement providing for total tax base | |||||
consolidation: | |||||
(1) the component districts may provide for the | |||||
consolidated taxing district to assume all of the indebtedness of | |||||
all component districts; and | |||||
(2) to the end of the ballot proposition required by | |||||
Section 49.253(a) [ |
|||||
create a consolidated tax base for the repayment of all bonded | |||||
indebtedness issued by the joint board of the taxing district or | |||||
previously issued by the component school districts and to | |||||
authorize the joint board to levy, pledge, and collect ad valorem | |||||
taxes at a rate sufficient to pay the principal of and interest on | |||||
those bonds." | |||||
SECTION 1.049. Subchapter G, Chapter 41, Education Code, is | |||||
transferred to Chapter 49, Education Code, as added by this Act, | |||||
redesignated as Subchapter G, Chapter 49, Education Code, and | |||||
amended to read as follows: | |||||
SUBCHAPTER G. DETACHMENT AND ANNEXATION BY COMMISSIONER | |||||
Sec. 49.301 [ |
|||||
"mineral property" means a real property mineral interest that has | |||||
been severed from the surface estate by a mineral lease creating a | |||||
determinable fee or by a conveyance that creates an interest | |||||
taxable separately from the surface estate. A mineral property | |||||
includes each royalty interest, working interest, or other | |||||
undivided interest in the mineral property. | |||||
Sec. 49.302 [ |
|||||
For purposes of this subchapter, the taxable value of an individual | |||||
parcel or other item of property and the total taxable value of | |||||
property in a school district resulting from the detachment of | |||||
property from or annexation of property to that district is | |||||
determined by applying the appraisal ratio for the appropriate | |||||
category of property determined under Subchapter M, Chapter 403, | |||||
Government Code, for the preceding tax year to the taxable value of | |||||
the detached or annexed property determined under Title 1, Tax | |||||
Code, for the preceding tax year. | |||||
(b) For purposes of this subchapter, the taxable value of | |||||
all or a portion of a parcel or item of real property includes the | |||||
taxable value of personal property having taxable situs at the same | |||||
location as the real property. | |||||
Sec. 49.303 [ |
|||||
ANNEXATION. (a) Only the following property may be detached and | |||||
annexed under this subchapter: | |||||
(1) a mineral property; | |||||
(2) real property used in the operation of a public | |||||
utility, including a pipeline, pipeline gathering system, or | |||||
railroad or other rail system; and | |||||
(3) real property used primarily for industrial or | |||||
other commercial purposes, other than property used primarily for | |||||
agriculture or for residential purposes. | |||||
(b) If a final judgment of a court determines that a mineral | |||||
interest may not be annexed and detached as provided by this | |||||
subchapter without an attendant annexation and detachment of the | |||||
surface estate or any other interest in the same land, the | |||||
detachment and annexation of a mineral interest under this | |||||
subchapter includes the surface estate and each other interest in | |||||
the land covered by the mineral interest. | |||||
Sec. 49.304 [ |
|||||
Personal property having a taxable situs at the same location as | |||||
real property detached and annexed under this subchapter is taxable | |||||
by the school district to which the real property is annexed. | |||||
Sec. 49.305 [ |
|||||
commissioner shall detach property under this section from each | |||||
school district from which the commissioner is required under | |||||
Section 49.004 [ |
|||||
(b) The commissioner shall detach from each school district | |||||
covered by Subsection (a) one or more whole parcels or items of | |||||
property in descending order of the taxable value of each parcel or | |||||
item, beginning with the parcel or item having the greatest taxable | |||||
value, until the school district's local revenue level [ |
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|
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established under Section 48.257, except as otherwise provided by | |||||
Subsection (c). | |||||
(c) If the detachment of whole parcels or items of property | |||||
[ |
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revenue level [ |
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|
|||||
product of $10,000 multiplied by weighted average daily attendance, | |||||
the commissioner may not detach the last parcel or item of property | |||||
and shall detach the next one or more parcels or items of property | |||||
in descending order of taxable value that would result in the school | |||||
district having a local revenue level [ |
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equal to or less than the [ |
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under Section 48.257 by not more than the product of $10,000 | |||||
multiplied by weighted average daily attendance. | |||||
(d) Notwithstanding Subsections (a), (b), and (c), the | |||||
commissioner may detach only a portion of a parcel or item of | |||||
property if: | |||||
(1) it is not possible under this subchapter to reduce | |||||
the district's local revenue level [ |
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that is equal to or less than the [ |
|||||
established under Section 48.257 [ |
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all of the parcel or item of property is detached and the detachment | |||||
of the whole parcel or item would result in the district from which | |||||
it is detached having a local revenue level [ |
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that is less than the [ |
|||||
Section 48.257 by more than the product of $10,000 multiplied by | |||||
weighted average daily attendance; or | |||||
(2) the commissioner determines that a partial | |||||
detachment of that parcel or item of property is preferable to the | |||||
detachment of one or more other parcels or items having a lower | |||||
taxable value in order to minimize the number of parcels or items of | |||||
property to be detached consistent with the purposes of this | |||||
chapter. | |||||
Sec. 49.306 [ |
|||||
commissioner shall annex property detached under Section 49.305 | |||||
[ |
|||||
with this section. A school district is eligible for annexation of | |||||
property to it under this subchapter only if, before any | |||||
detachments or annexations are made in a year, the district's | |||||
taxable value of property does not exceed the value necessary to | |||||
generate maintenance and operations tax revenue in the amount equal | |||||
to the district's entitlement under Section 48.202(a-1)(2) [ |
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|
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|
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(b) Property may be annexed to a school district without | |||||
regard to whether the property is contiguous to other property in | |||||
that district. | |||||
(c) The commissioner shall annex property detached from | |||||
school districts beginning with the property detached from the | |||||
school district with the greatest local revenue level in excess of | |||||
entitlement [ |
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with the property detached from each other school district in | |||||
descending order of the district's local revenue level in excess of | |||||
entitlement [ |
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(d) The commissioner shall annex the parcels or items of | |||||
property detached from a school district to other school districts | |||||
that are eligible for annexation of property in descending order of | |||||
the taxable value of each parcel or item according to the following | |||||
priorities: | |||||
(1) first, to the eligible school districts assigned | |||||
to the same county as the school district from which the property is | |||||
detached whose total adopted tax rate for the preceding tax year | |||||
does not exceed by more than $0.15 the total tax rate adopted for | |||||
that year by the school district from which the property is | |||||
detached; | |||||
(2) second, to the eligible school districts served by | |||||
the same regional education service center as the district from | |||||
which the property is detached whose total adopted tax rate for the | |||||
preceding tax year does not exceed by more than $0.10 the total tax | |||||
rate adopted for that year by the school district from which the | |||||
property is detached; and | |||||
(3) third, to other eligible school districts whose | |||||
total adopted tax rate for the preceding tax year does not exceed by | |||||
more than $0.05 the total tax rate adopted for that year by the | |||||
school district from which the property is detached. | |||||
(e) If the districts identified by Subsection (d) for a | |||||
school district are insufficient to annex all the property detached | |||||
from the school district, the commissioner shall increase, for | |||||
purposes of this section, all the maximum difference in tax rates | |||||
allowed under Subsection (d) in increments of $0.01 until the | |||||
districts are identified that are sufficient to annex all the | |||||
property detached from the district. | |||||
(f) If only one school district is eligible to annex | |||||
property detached from a school district within a priority group | |||||
established by Subsections (d) and (e), the commissioner shall | |||||
annex property to that district until it reaches the taxable value | |||||
of property necessary to generate maintenance and operations tax | |||||
revenue in the amount equal to the district's entitlement under | |||||
Section 48.202(a-1)(2) [ |
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|
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|
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property. Any remaining detached property shall be annexed to | |||||
eligible school districts in the next priority group as provided by | |||||
this section. | |||||
(g) If more than one school district is eligible to annex | |||||
property detached from a school district within a priority group | |||||
established by Subsections (d) and (e), the commissioner shall | |||||
first annex property to the district within the priority group to | |||||
which could be annexed the most taxable value of property without | |||||
increasing the district's taxable value of property to an amount | |||||
that exceeds the amount necessary to generate maintenance and | |||||
operations tax revenue in the amount equal to the district's | |||||
entitlement under Section 48.202(a-1)(2) [ |
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|
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|
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value of property necessary to generate maintenance and operations | |||||
tax revenue in the amount equal to the district's entitlement under | |||||
Section 48.202(a-1)(2) [ |
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|
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|
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property. Then any additional detached property shall be annexed | |||||
in the same manner to other eligible school districts in the same | |||||
priority group in descending order of capacity to receive taxable | |||||
value of annexed property without increasing the district's taxable | |||||
value of property to an amount that exceeds the amount necessary to | |||||
generate maintenance and operations tax revenue in the amount equal | |||||
to the district's entitlement under Section 48.202(a-1)(2) [ |
|||||
|
|||||
|
|||||
priority group reaches a taxable value of property necessary to | |||||
generate maintenance and operations tax revenue in the amount equal | |||||
to the district's entitlement under Section 48.202(a-1)(2) [ |
|||||
|
|||||
|
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remaining detached property shall be annexed to school districts in | |||||
the next priority group in the manner provided by this section. | |||||
(h) For purposes of this section, a portion of a parcel or | |||||
item of property detached in that subdivided form from a school | |||||
district is treated as a whole parcel or item of property. | |||||
(i) The commissioner may order the annexation of a portion | |||||
of a parcel or item of property, including a portion of property | |||||
treated as a whole parcel or item under Subsection (h), if: | |||||
(1) the annexation of the whole parcel or item would | |||||
result in the district eligible to receive it in the appropriate | |||||
priority order provided by this section having a local revenue | |||||
level [ |
|||||
product of $10,000 multiplied by weighted average daily attendance | |||||
exceeds the taxable value of property necessary to generate | |||||
maintenance and operations tax revenue in the amount equal to the | |||||
district's entitlement under Section 48.202(a-1)(2) [ |
|||||
|
|||||
|
|||||
(2) the commissioner determines that annexation of | |||||
portions of the parcel or item would reduce disparities in district | |||||
taxable values of property necessary to generate maintenance and | |||||
operations tax revenue in the amount equal to a district's | |||||
entitlement under Section 48.202(a-1)(2) [ |
|||||
efficiently than would be possible if the parcel or item were | |||||
annexed as a whole. | |||||
(j) The commissioner may modify the priorities established | |||||
by this section as the commissioner considers reasonable to | |||||
minimize or reduce the number of school districts to which the | |||||
property detached from a school district is annexed, to minimize or | |||||
reduce the geographic dispersal of property in a school district, | |||||
to minimize or reduce disparities in school district taxable values | |||||
of property necessary to generate maintenance and operations tax | |||||
revenue in the amount equal to a district's entitlement under | |||||
Section 48.202(a-1)(2) [ |
|||||
result, or to minimize or reduce any administrative burden or | |||||
expense. | |||||
(k) For purposes of this section, a school district is | |||||
assigned to a county if the school district is assigned to that | |||||
county in the 1992-1993 Texas School Directory published by the | |||||
Central Education Agency. | |||||
Sec. 49.307 [ |
|||||
ANNEXATION. The commissioner may detach and annex property under | |||||
this subchapter only if: | |||||
(1) the property is not exempt from ad valorem | |||||
taxation under Section 11.20 or 11.21, Tax Code; and | |||||
(2) the property does not contain a building or | |||||
structure owned by the United States, this state, or a political | |||||
subdivision of this state that is exempt from ad valorem taxation | |||||
under law. | |||||
Sec. 49.308 [ |
|||||
commissioner shall order any detachments and annexations of | |||||
property under this subchapter not later than November 8 of each | |||||
year. | |||||
(b) As soon as practicable after issuing the order under | |||||
Subsection (a), the commissioner shall notify each affected school | |||||
district and the appraisal district in which the affected property | |||||
is located of the determination. | |||||
Sec. 49.309 [ |
|||||
(a) If the commissioner orders the detachment or annexation of a | |||||
portion of a parcel or item of property under this subchapter, the | |||||
order shall specify the portion of the taxable value of the property | |||||
to be detached or annexed and may, but need not, describe the | |||||
specific area of the parcel or item to be detached or annexed. | |||||
(b) If an order for the detachment or annexation of a | |||||
portion of a parcel or item of property does not describe the | |||||
specific area of the parcel or item to be detached or annexed, the | |||||
commissioner, as soon as practicable after issuing the order, shall | |||||
determine the specific area to be detached or annexed and shall | |||||
certify that determination to the appraisal district for the county | |||||
in which the property is located. | |||||
(c) If portions of a parcel or item of property are located | |||||
in two or more school districts as the result of a detachment or | |||||
annexation, the parcel or item shall be appraised for taxation as a | |||||
unit, and the commissioner shall determine the portion of the | |||||
taxable value of the property that is located in each of those | |||||
school districts based on the square footage of the property, or any | |||||
other reasonable method adopted by the commissioner. | |||||
Sec. 49.310 [ |
|||||
chief appraiser of each appraisal district shall cooperate with the | |||||
commissioner in administering this subchapter. The commissioner | |||||
may require the chief appraiser to submit any reports or provide any | |||||
information available to the chief appraiser in the form and at the | |||||
times required by the commissioner. | |||||
(b) As soon as practicable after the detachment and | |||||
annexation of property, the chief appraiser of the appraisal | |||||
district in which the property is located shall send a written | |||||
notice of the detachment and annexation to the owner of any property | |||||
taxable in a different school district as a result of the detachment | |||||
and annexation. The notice must include the name of the school | |||||
district by which the property is taxable after the detachment and | |||||
annexation. | |||||
(c) The commissioner may reimburse an appraisal district | |||||
for any costs incurred in administering this subchapter and may | |||||
condition the reimbursement or the amount of the reimbursement on | |||||
the timely submission of reports or information required by the | |||||
commissioner or the satisfactory performance of any other action | |||||
required or requested by the commissioner. | |||||
Sec. 49.311 [ |
|||||
is a resident of real property detached from a school district may | |||||
choose to attend school in that district or in the district to which | |||||
the property is annexed. For purposes of determining average daily | |||||
attendance under Section 48.005 [ |
|||||
counted in the district to which the property is annexed. If the | |||||
student chooses to attend school in the district from which the | |||||
property is detached, the state shall withhold any foundation | |||||
school funds from the district to which the property is annexed and | |||||
shall allocate to the district in which the student is attending | |||||
school those funds and the amount of funds equal to the difference | |||||
between the state funds the district is receiving for the student | |||||
and the district's cost in educating the student. | |||||
Sec. 49.312 [ |
|||||
a school district is released from the obligation for any tax to pay | |||||
principal and interest on bonds authorized by the district before | |||||
detachment. The property is subject to any tax to pay principal or | |||||
interest on bonds authorized by the district to which the property | |||||
is annexed whether authorized before or after annexation. | |||||
Sec. 49.313 [ |
|||||
FINAL. A decision or determination of the commissioner under this | |||||
subchapter is final and not appealable. | |||||
SECTION 1.050. Subchapter H, Chapter 41, Education Code, is | |||||
transferred to Chapter 49, Education Code, as added by this Act, | |||||
redesignated as Subchapter H, Chapter 49, Education Code, and | |||||
amended to read as follows: | |||||
SUBCHAPTER H. CONSOLIDATION BY COMMISSIONER | |||||
Sec. 49.351 [ |
|||||
commissioner is required under Section 49.004 [ |
|||||
consolidation of districts, the consolidation is governed by this | |||||
subchapter. The commissioner's order shall be effective on a date | |||||
determined by the commissioner, but not later than the earliest | |||||
practicable date after November 8. | |||||
Sec. 49.352 [ |
|||||
selecting the districts to be consolidated with a district that has | |||||
taxable values of property in an amount that exceeds the local | |||||
revenue level established under Section 48.257 [ |
|||||
|
|||||
select one or more districts [ |
|||||
consolidated, will result in a consolidated district with a local | |||||
revenue level [ |
|||||
[ |
|||||
achieving that result, the commissioner shall give priority to | |||||
school districts in the following order: | |||||
(1) first, to the contiguous district that has the | |||||
lowest local revenue level [ |
|||||
the same county; | |||||
(2) second, to the district that has the lowest local | |||||
revenue level [ |
|||||
county; | |||||
(3) third, to a contiguous district with a local | |||||
revenue level [ |
|||||
established under Section 48.257 that has requested the | |||||
commissioner that it be considered in a consolidation plan; | |||||
(4) fourth, to include as few districts as possible | |||||
that have the lowest local revenue levels below the [ |
|||||
|
|||||
consolidation order that have not requested the commissioner to be | |||||
included; | |||||
(5) fifth, to the district that has the lowest local | |||||
revenue level [ |
|||||
regional education service center area; and | |||||
(6) sixth, to a district that has a tax rate similar to | |||||
that of the district that has a local revenue level [ |
|||||
|
|||||
Section 48.257. | |||||
(b) The commissioner may not select a district that has been | |||||
created as a result of consolidation by agreement under Subchapter | |||||
B to be consolidated under this subchapter with a district that has | |||||
a local revenue level [ |
|||||
|
|||||
(c) In applying the selection criteria specified by | |||||
Subsection (a), if more than two districts are to be consolidated, | |||||
the commissioner shall select the third and each subsequent | |||||
district to be consolidated by treating the district that has a | |||||
local revenue level [ |
|||||
|
|||||
districts previously selected for consolidation as one district. | |||||
Sec. 49.353 [ |
|||||
trustees elected as provided by Subsection (b) have qualified and | |||||
taken office, a district consolidated under this subchapter is | |||||
governed by a transitional board of trustees consisting of the | |||||
board of trustees of the district having the greatest student | |||||
membership on the last day of the school year preceding the | |||||
consolidation plus one member of the board of trustees of each other | |||||
consolidating district selected by that board. | |||||
(b) The transitional board of trustees shall divide the | |||||
consolidated district into nine single-member trustee districts in | |||||
accordance with the procedures provided by Section 11.052. The | |||||
transitional board shall order an election for the initial board of | |||||
trustees to be held on the first May uniform election date after the | |||||
effective date of a consolidation order. | |||||
(c) Members of the board of trustees of a consolidated | |||||
district serve staggered terms of office for four years. | |||||
(d) Section 13.156 applies to districts consolidated under | |||||
this subchapter. | |||||
Sec. 49.354 [ |
|||||
DISTRICT. (a) If the legislature abolishes ad valorem taxes for | |||||
public school maintenance and operations and adopts another method | |||||
of funding public education, the board of trustees of a | |||||
consolidated district created under this subchapter may dissolve | |||||
the consolidated district, provided that the dissolution is | |||||
approved by a majority of those voters residing within the district | |||||
participating in an election called for the purpose of approving | |||||
the dissolution of the consolidated school district. | |||||
(b) If a consolidated district is dissolved, each of the | |||||
former districts is restored as a separate district and is | |||||
classified as an independent district. | |||||
(c) Title to real property of the consolidated district is | |||||
allocated to the restored district in which the property is | |||||
located. Title to proportionate shares of the fund balances and | |||||
personal property of the consolidated district, as determined by | |||||
Subsection (e), are allocated to each restored district. | |||||
(d) Each of the restored districts assumes and is liable | |||||
for: | |||||
(1) indebtedness of the consolidated district that | |||||
relates to real property allocated to the district; and | |||||
(2) a proportionate share, as determined by Subsection | |||||
(e), of indebtedness of the consolidated district that does not | |||||
relate to real property. | |||||
(e) A restored district's proportionate share of fund | |||||
balances, personal property, or indebtedness is equal to the | |||||
proportion that the number of students in average daily attendance | |||||
in the restored district bears to the number of students in average | |||||
daily attendance in the consolidated district. | |||||
Sec. 49.355 [ |
|||||
school district consolidated under this subchapter may be used only | |||||
for the benefit of the schools within the district that generated | |||||
the funds. | |||||
Sec. 49.356 [ |
|||||
consolidated district created under this subchapter shall honor an | |||||
employment contract entered into by a consolidating district. | |||||
Sec. 49.357 [ |
|||||
ADJUSTMENT [ |
|||||
[ |
|||||
the benefit of the adjustment or allotment to the schools of the | |||||
consolidating district to which Section 48.052 [ |
|||||
[ |
|||||
the consolidated district still qualifies as a small or sparse | |||||
district. | |||||
SECTION 1.051. The heading to Subchapter A, Chapter 316, | |||||
Government Code, is amended to read as follows: | |||||
SUBCHAPTER A. LIMIT ON GROWTH OF APPROPRIATIONS; DETERMINATIONS | |||||
REGARDING PUBLIC SCHOOL FINANCE | |||||
SECTION 1.052. Section 316.002(a), Government Code, is | |||||
amended to read as follows: | |||||
(a) Before the Legislative Budget Board submits the budget | |||||
as prescribed by Section 322.008(c), the board shall: | |||||
(1) establish for purposes of Section 316.001: | |||||
(A) [ |
|||||
state's economy from the current biennium to the next biennium; | |||||
(B) [ |
|||||
current biennium from state tax revenues not dedicated by the | |||||
constitution; and | |||||
(C) [ |
|||||
dedicated by the constitution that could be appropriated for the | |||||
next biennium within the limit established by the estimated rate of | |||||
growth of the state's economy; and | |||||
(2) determine for purposes of the Foundation School | |||||
Program under Chapter 48, Education Code: | |||||
(A) the estimated state share of the program for | |||||
the next biennium, including the instructional materials and | |||||
technology allotment under Section 31.0211, Education Code, and | |||||
excluding any anticipated federal funding; | |||||
(B) the estimated reduction in the state share of | |||||
the program from the current biennium to the next biennium | |||||
attributable to the rate of growth of the taxable value of property | |||||
in the state for the next biennium, based on the estimates submitted | |||||
under Section 48.269, Education Code; | |||||
(C) the cost per cent of reducing the state | |||||
compression percentage under Section 48.255, Education Code, for | |||||
the next biennium; and | |||||
(D) a recommended state compression percentage | |||||
under Section 48.255, Education Code, for the next biennium, based | |||||
on the determinations made under Subdivision (1) and Paragraphs | |||||
(A), (B), and (C). | |||||
SECTION 1.053. Section 316.007(a), Government Code, is | |||||
amended to read as follows: | |||||
(a) The Legislative Budget Board shall include in its budget | |||||
recommendations: | |||||
(1) the proposed limit of appropriations from state | |||||
tax revenues not dedicated by the constitution; and | |||||
(2) the recommended state compression percentage | |||||
under Section 48.255, Education Code. | |||||
SECTION 1.054. Section 322.008(b), Government Code, is | |||||
amended to read as follows: | |||||
(b) The general appropriations bill may include for | |||||
purposes of information the funding elements computed by the | |||||
Legislative Budget Board under Section 316.002(a)(2) [ |
|||||
|
|||||
|
|||||
|
|||||
|
|||||
|
|||||
SECTION 1.055. Sections 825.405(a), (b), (e), and (f), | |||||
Government Code, are amended to read as follows: | |||||
(a) An employing school district or an open-enrollment | |||||
charter school, as applicable, shall pay the state's contribution | |||||
on the portion of a member's salary that exceeds the statutory | |||||
minimum salary for [ |
|||||
(1) entitled to the minimum salary for certain school | |||||
personnel under Section 21.402, Education Code; | |||||
(2) [ |
|||||
the minimum salary for certain school personnel under former | |||||
Section 16.056, Education Code, as that section existed on January | |||||
1, 1995; and | |||||
(3) who would be entitled to the minimum salary for | |||||
certain school personnel under Section 21.402, Education Code, if | |||||
the member was employed by a school district subject to that section | |||||
instead of being employed by: | |||||
(A) an open-enrollment charter school; or | |||||
(B) a school district that has adopted a local | |||||
innovation plan under Chapter 12A, Education Code, that exempts the | |||||
district's employees from the minimum salary schedule under that | |||||
section[ |
|||||
|
|||||
|
|||||
(b) For purposes of this section,[ |
|||||
[ |
|||||
described by: | |||||
(1) Subsection (a)(1) [ |
|||||
|
|||||
21.402, Education Code [ |
|||||
|
|||||
|
|||||
(2) Subsection (a)(2) [ |
|||||
|
|||||
|
|||||
|
|||||
salary computed in the same manner as the minimum salary for certain | |||||
school personnel under Section 21.402, Education Code; and | |||||
(3) Subsection (a)(3) is the minimum salary the member | |||||
would have been entitled to if the member was subject to Section | |||||
21.402, Education Code[ |
|||||
|
|||||
|
|||||
(e) After the end of each school year, the retirement system | |||||
shall certify to the commissioner of education: | |||||
(1) the names of any employers [ |
|||||
that have failed to remit, within the period required by Section | |||||
825.408, all contributions required under this section for the | |||||
school year; and | |||||
(2) the amounts of the unpaid contributions. | |||||
(f) If the commissioner of education receives a | |||||
certification under Subsection (e), the commissioner shall direct | |||||
the comptroller of public accounts to withhold the amount | |||||
certified, plus interest computed at the rate and in the manner | |||||
provided by Section 825.408, from the first state money payable to | |||||
the employer [ |
|||||
deposited to the credit of the appropriate accounts of the | |||||
retirement system. | |||||
SECTION 1.056. Section 26.08, Tax Code, is amended by | |||||
amending Subsections (a), (b), (d), (g), (i), and (n) and adding | |||||
Subsections (a-1) and (n-1) to read as follows: | |||||
(a) If the governing body of a school district adopts a tax | |||||
rate that exceeds the district's ratification [ |
|||||
the registered voters of the district at an election held for that | |||||
purpose must determine whether to approve the adopted tax rate. | |||||
(a-1) When increased expenditure of money by a school | |||||
district is necessary to respond to a disaster, including a | |||||
tornado, hurricane, flood, or other calamity, but not including a | |||||
drought, that has impacted a school district and the governor has | |||||
requested federal disaster assistance for the area in which the | |||||
school district is located, an election is not required under this | |||||
section to approve the tax rate adopted by the governing body for | |||||
the year following the year in which the disaster occurs. A tax | |||||
rate adopted under this subsection applies only in the year for | |||||
which the rate is adopted. If a district adopts a tax rate under | |||||
this subsection, the amount by which that rate exceeds the | |||||
district's ratification tax rate for that tax year may not be | |||||
considered when calculating the district's ratification tax rate | |||||
for the tax year following the year in which the district adopts the | |||||
rate. | |||||
(b) The governing body shall order that the election be held | |||||
in the school district on the next uniform election [ |
|||||
prescribed by [ |
|||||
|
|||||
occurs after the date of the election order and that allows | |||||
sufficient time to comply with the requirements of other law [ |
|||||
|
|||||
|
|||||
the ballots shall be prepared to permit voting for or against the | |||||
proposition: "Ratifying [ |
|||||
(insert adopted tax rate) [ |
|||||
school district) for the current year, a rate that will result in an | |||||
increase of _____ (insert percentage increase in maintenance and | |||||
operations tax revenue under the adopted tax rate as compared to | |||||
maintenance and operations tax revenue in the preceding tax year) | |||||
percent in maintenance and operations tax revenue for the district | |||||
for the current year as compared to the preceding year, which is an | |||||
additional $____ (insert dollar amount of increase in maintenance | |||||
and operations tax revenue under the adopted tax rate as compared to | |||||
maintenance and operations tax revenue in the preceding tax year) | |||||
[ |
|||||
|
|||||
|
|||||
|
|||||
|
|||||
(d) If the proposition is not approved as provided by | |||||
Subsection (c), the governing body may not adopt a tax rate for the | |||||
school district for the current year that exceeds the school | |||||
district's ratification [ |
|||||
(g) In a school district that received distributions from an | |||||
equalization tax imposed under former Chapter 18, Education Code, | |||||
the effective rate of that tax as of the date of the county unit | |||||
system's abolition is added to the district's ratification | |||||
[ |
|||||
(i) For purposes of this section, "tier one maintenance and | |||||
operations tax rate" and "enrichment tax rate" have the meanings | |||||
assigned by Section 45.0032, Education Code [ |
|||||
|
|||||
|
|||||
|
|||||
|
|||||
|
|||||
|
|||||
|
|||||
|
|||||
|
|||||
|
|||||
|
|||||
|
|||||
(n) For purposes of this section, the ratification | |||||
[ |
|||||
|
|||||
|
|||||
(1) for the 2019 [ |
|||||
following: | |||||
(A) the rate that is equal to 96 [ |
|||||
of the district's tier one maintenance and operations tax rate | |||||
[ |
|||||
(B) [ |
|||||
the 2018 tax year, less the amount by which the district is required | |||||
to reduce the district's enrichment tax rate under Section | |||||
48.202(f), Education Code, in the 2019 tax year; [ |
|||||
|
|||||
(C) the district's current debt rate; and | |||||
(2) for the 2020 [ |
|||||
sum [ |
|||||
(A) [ |
|||||
[ |
|||||
that is equal to the product of the state compression percentage, as | |||||
determined under Section 48.255 [ |
|||||
current year and $1.00 [ |
|||||
(B) the district's enrichment tax rate for the | |||||
2018 tax year, less the rate by which the district is required to | |||||
reduce the district's enrichment tax rate under Section 48.202(f), | |||||
Education Code, in the current tax year [ |
|||||
|
|||||
(C) the greater of: | |||||
(i) the rate of $0.05 per $100 of taxable | |||||
value, less the district's enrichment tax rate for the preceding | |||||
tax year; or | |||||
(ii) zero; | |||||
(D) [ |
|||||
the differences for the 2019 [ |
|||||
between the adopted tax rate of the district for that year if the | |||||
rate was approved at an election under this section and the | |||||
ratification [ |
|||||
(E) [ |
|||||
[ |
|||||
[ |
|||||
|
|||||
|
|||||
[ |
|||||
|
|||||
|
|||||
|
|||||
[ |
|||||
(n-1) This section applies only to a school district that, | |||||
for the 2018 tax year, adopted a maintenance and operations tax rate | |||||
equal to the sum of the district's tier one maintenance and | |||||
operations tax rate and the rate of $0.04 per $100 of taxable value. | |||||
For the 2020 tax year, the district shall substitute "$0.04" for | |||||
"$0.05" in Subsection (n)(2)(C)(i) if the governing body of the | |||||
district does not adopt by unanimous vote for that tax year a | |||||
maintenance and operations tax rate at least equal to the sum of the | |||||
district's tier one maintenance and operations tax rate and the | |||||
rate of $0.05 per $100 of taxable value. | |||||
ARTICLE 2. PUBLIC EDUCATION | |||||
SECTION 2.001. Subchapter C, Chapter 7, Education Code, is | |||||
amended by adding Section 7.070 to read as follows: | |||||
Sec. 7.070. COORDINATION OF DATA COLLECTION. The | |||||
commissioner may enter into agreements with appropriate entities as | |||||
necessary to provide for the collection of data regarding college, | |||||
career, and military readiness of public school students, including | |||||
data maintained by: | |||||
(1) governmental agencies of the United States, this | |||||
state, or another state; | |||||
(2) political subdivisions of this state or another | |||||
state; | |||||
(3) public or private institutions of higher | |||||
education; and | |||||
(4) relevant private organizations. | |||||
SECTION 2.002. Subchapter D, Chapter 11, Education Code, is | |||||
amended by adding Section 11.185 to read as follows: | |||||
Sec. 11.185. EARLY CHILDHOOD LITERACY PLAN. (a) The board | |||||
of trustees of each school district shall adopt an early childhood | |||||
literacy plan that sets specific annual goals for the following | |||||
five school years to reach quantifiable goals for performance on | |||||
the third grade reading assessment instrument administered under | |||||
Section 39.023. | |||||
(b) The plan adopted under Subsection (a) must: | |||||
(1) identify annual goals for students in each group | |||||
evaluated under the closing the gaps domain under Section | |||||
39.053(c)(3); | |||||
(2) include annual goals for aggregate student growth | |||||
on an assessment determined by the board of trustees; | |||||
(3) provide for targeted professional development for | |||||
classroom teachers in kindergarten or first, second, or third grade | |||||
who are assigned to campuses that the board of trustees identifies | |||||
as not meeting the plan's goals; | |||||
(4) assign at least one district-level administrator | |||||
or employee of the regional education service center for the | |||||
district's region to: | |||||
(A) coordinate implementation of the plan; and | |||||
(B) submit an annual report to the board of | |||||
trustees on the district's progress toward the goals set under the | |||||
plan; and | |||||
(5) be reviewed annually by the board of trustees at a | |||||
public meeting. | |||||
(c) The plan adopted under Subsection (a) may set separate | |||||
goals for students in a bilingual education or special language | |||||
program under Subchapter B, Chapter 29. | |||||
(d) The professional development provided to classroom | |||||
teachers under Subsection (b)(3) must, as appropriate, consider the | |||||
unique needs of students in a bilingual education or special | |||||
language program under Subchapter B, Chapter 29. | |||||
(e) The commissioner may adopt rules as necessary to | |||||
implement this section. | |||||
SECTION 2.003. Section 12.104(b), Education Code, as | |||||
amended by Chapters 324 (S.B. 1488), 522 (S.B. 179), and 735 (S.B. | |||||
1153), Acts of the 85th Legislature, Regular Session, 2017, is | |||||
reenacted and amended to read as follows: | |||||
(b) An open-enrollment charter school is subject to: | |||||
(1) a provision of this title establishing a criminal | |||||
offense; and | |||||
(2) a prohibition, restriction, or requirement, as | |||||
applicable, imposed by this title or a rule adopted under this | |||||
title, relating to: | |||||
(A) the Public Education Information Management | |||||
System (PEIMS) to the extent necessary to monitor compliance with | |||||
this subchapter as determined by the commissioner; | |||||
(B) criminal history records under Subchapter C, | |||||
Chapter 22; | |||||
(C) reading instruments and accelerated reading | |||||
instruction programs under Section 28.006; | |||||
(D) accelerated instruction under Section | |||||
28.0211; | |||||
(E) high school graduation requirements under | |||||
Section 28.025; | |||||
(F) special education programs under Subchapter | |||||
A, Chapter 29; | |||||
(G) bilingual education under Subchapter B, | |||||
Chapter 29; | |||||
(H) prekindergarten programs under Subchapter E | |||||
or E-1, Chapter 29; | |||||
(I) extracurricular activities under Section | |||||
33.081; | |||||
(J) discipline management practices or behavior | |||||
management techniques under Section 37.0021; | |||||
(K) health and safety under Chapter 38; | |||||
(L) public school accountability under | |||||
Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A; | |||||
(M) the requirement under Section 21.006 to | |||||
report an educator's misconduct; | |||||
(N) intensive programs of instruction under | |||||
Section 28.0213; | |||||
(O) the right of a school employee to report a | |||||
crime, as provided by Section 37.148; [ |
|||||
(P) bullying prevention policies and procedures | |||||
under Section 37.0832; | |||||
(Q) the right of a school under Section 37.0052 | |||||
to place a student who has engaged in certain bullying behavior in a | |||||
disciplinary alternative education program or to expel the student; | |||||
[ |
|||||
(R) the right under Section 37.0151 to report to | |||||
local law enforcement certain conduct constituting assault or | |||||
harassment; | |||||
(S) [ |
|||||
regarding the provision of assistance for learning difficulties to | |||||
the parent's child as provided by Sections 26.004(b)(11) and | |||||
26.0081(c) and (d); and | |||||
(T) the early childhood literacy plan under | |||||
Section 11.185. | |||||
SECTION 2.004. Subchapter B, Chapter 21, Education Code, is | |||||
amended by adding Sections 21.063 and 21.064 to read as follows: | |||||
Sec. 21.063. TEACHER DESIGNATIONS ON CERTIFICATE. (a) The | |||||
board shall place the appropriate designation issued to a teacher | |||||
under Subchapter P on the teacher's certificate as soon as | |||||
practicable after being notified by the agency of the issuance of | |||||
the designation. | |||||
(b) The board shall remove a designation under Subchapter P | |||||
from a teacher's certificate on: | |||||
(1) expiration of the designation, unless the agency | |||||
notifies the board that the designation has been renewed; or | |||||
(2) revocation of the designation under Section | |||||
21.755(d). | |||||
Sec. 21.064. LEGACY MASTER TEACHER CERTIFICATIONS. (a) | |||||
The board shall recognize a master teacher certificate issued under | |||||
former Section 21.0481, 21.0482, 21.0483, or 21.0484 until the | |||||
certificate expires. The board shall note a designation of | |||||
"legacy" on the certificate. | |||||
(b) A master teacher certificate described by Subsection | |||||
(a) is not eligible for funding under the educator effectiveness | |||||
allotment under Section 48.154. | |||||
SECTION 2.005. Sections 21.351(a) and (c), Education Code, | |||||
are amended to read as follows: | |||||
(a) The commissioner shall adopt a recommended appraisal | |||||
process and criteria on which to appraise the performance of | |||||
teachers. The criteria must be based on observable, job-related | |||||
behavior, including: | |||||
(1) a teacher's [ |
|||||
discipline management procedures; and | |||||
(2) the performance of a teacher's [ |
|||||
students. | |||||
(c) Under the recommended appraisal process, an appraiser | |||||
must be the teacher's supervisor or a person approved by the board | |||||
of trustees. An appraiser who is a classroom teacher may not | |||||
appraise the performance of another classroom teacher who teaches | |||||
at the same school campus at which the appraiser teaches, unless it | |||||
is impractical because of the number of campuses or unless the | |||||
appraiser is in a supervisory role or is the chair of a department | |||||
or grade level whose job description includes classroom observation | |||||
responsibilities. | |||||
SECTION 2.006. Section 21.355(d), Education Code, is | |||||
amended to read as follows: | |||||
(d) A school district or open-enrollment charter school | |||||
shall [ |
|||||
of a teacher or administrator, including a document evaluating the | |||||
performance of a teacher or administrator currently or previously | |||||
employed by the district or school for purposes of an investigation | |||||
conducted by the agency. | |||||
SECTION 2.007. Section 21.402, Education Code, is amended | |||||
by amending Subsections (a) and (c-1) and adding Subsections (c-2), | |||||
(c-3), and (c-4) to read as follows: | |||||
(a) Except as provided by Subsection (e-1) [ |
|||||
school district must pay each [ |
|||||
librarian, full-time school counselor certified under Subchapter | |||||
B, or full-time school nurse not less than the minimum monthly | |||||
salary, based on the employee's level of experience in addition to | |||||
other factors, as determined by commissioner rule, determined by | |||||
the following formula: | |||||
MS = SF x FS | |||||
where: | |||||
"MS" is the minimum monthly salary; | |||||
"SF" is the applicable salary factor specified by Subsection | |||||
(c); and | |||||
"FS" is the amount, as determined by the commissioner under | |||||
Subsection (b), of the basic allotment as provided by Section | |||||
48.051(a) or (b) [ |
|||||
maintenance and operations tax rate at least equal to the state | |||||
maximum compressed tax rate, as defined by Section 48.051 | |||||
[ |
|||||
(c-1) Notwithstanding Subsections (a) and (b), each school | |||||
district shall pay a monthly salary to each [ |
|||||
|
|||||
school counselor certified under Subchapter B, and full-time school | |||||
nurse that is at least equal to the following monthly salary or the | |||||
monthly salary determined by the commissioner under Subsections (a) | |||||
and (b), whichever is greater: | |||||
|
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(c-2) Except as provided by Subsection (c-4), a school | |||||
district must pay each fully certified classroom teacher not less | |||||
than the following monthly salary, based on the teacher's level of | |||||
experience in addition to other factors, as determined by | |||||
commissioner rule: | |||||
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(c-3) For purposes of Subsection (c-2), a "fully certified | |||||
classroom teacher" means a classroom teacher who holds a | |||||
certificate issued under Subchapter B but does not include: | |||||
(1) a person who holds an emergency certificate issued | |||||
under Section 21.041(b)(2); | |||||
(2) a person who holds a certificate issued pursuant | |||||
to enrollment in an approved alternative certification program | |||||
under Section 21.049 but who has not completed all program and other | |||||
certification requirements; | |||||
(3) a person who holds a school district teaching | |||||
permit issued under Section 21.055; or | |||||
(4) a person employed under a waiver granted by the | |||||
commissioner under Section 7.056. | |||||
(c-4) The board of trustees of a school district may adopt a | |||||
minimum salary schedule based on performance tiers, as determined | |||||
by teacher appraisal and performance criteria under Sections 21.351 | |||||
and 21.352, instead of years of experience. A minimum salary | |||||
schedule adopted under this subsection: | |||||
(1) is not required to have a salary factor based on | |||||
minimum years of experience for a performance tier; | |||||
(2) must include: | |||||
(A) a minimum salary for each performance tier; | |||||
and | |||||
(B) at least one performance tier with a minimum | |||||
salary of not less than the minimum salary under the salary schedule | |||||
specified by Subsection (c-2) for a classroom teacher with 20 or | |||||
more years of experience; and | |||||
(3) may not set a minimum salary at an amount that is | |||||
less than the minimum salary under the salary schedule specified by | |||||
Subsection (c-2) for a classroom teacher with zero years of | |||||
experience. | |||||
SECTION 2.008. Chapter 21, Education Code, is amended by | |||||
adding Subchapter P to read as follows: | |||||
SUBCHAPTER P. RECOGNIZED, EXEMPLARY, AND MASTER TEACHER | |||||
DESIGNATIONS | |||||
Sec. 21.751. DEFINITION. In this subchapter, "classroom | |||||
teacher" includes an individual who: | |||||
(1) is a teacher of record who teaches at least half | |||||
the average number of students for a teaching assignment at the | |||||
school campus at which the teacher is employed; and | |||||
(2) satisfies the amount of teaching time requirement | |||||
in the definition of a classroom teacher under Section 5.001 by | |||||
providing educator leadership, including collaborating with, | |||||
mentoring, or supporting other teachers. | |||||
Sec. 21.752. RECOGNIZED, EXEMPLARY, AND MASTER TEACHER | |||||
DESIGNATIONS. (a) To recognize the performance of teachers in this | |||||
state, the commissioner shall: | |||||
(1) establish an approval process for school districts | |||||
and open-enrollment charter schools to designate a teacher as a | |||||
recognized, exemplary, or master teacher and include the | |||||
designation on the teacher's teaching certificate; | |||||
(2) develop and provide technical assistance for | |||||
school districts and open-enrollment charter schools in making | |||||
teacher designations, including: | |||||
(A) methods to involve staff in locally | |||||
developing the process for designating teachers under this | |||||
subchapter; and | |||||
(B) assistance focusing on problems faced by | |||||
rural school districts; and | |||||
(3) subject to Subsection (b), authorize school | |||||
districts and open-enrollment charter schools to make teacher | |||||
designations for a five-year period, provided that the district's | |||||
teacher designation system meets the requirements under Section | |||||
21.754. | |||||
(b) The commissioner shall use an institution of higher | |||||
education to verify that the appraisals of a representative sample | |||||
of classroom teachers meet the requirements for teacher | |||||
designations under this subchapter. Verification may include | |||||
on-site classroom observations or observations by video or audio | |||||
recording of classroom sessions. | |||||
Sec. 21.753. ELIGIBILITY CRITERIA FOR TEACHER DESIGNATION. | |||||
(a) To be eligible for a teacher designation under this subchapter, | |||||
a classroom teacher must: | |||||
(1) hold an eligible teaching certificate issued under | |||||
Subchapter B; and | |||||
(2) satisfy any additional requirements adopted by the | |||||
school district or open-enrollment charter school at which the | |||||
teacher is employed. | |||||
(b) A school district or open-enrollment charter school may | |||||
designate a classroom teacher as recognized if the classroom | |||||
teacher: | |||||
(1) holds a National Board Certification issued by the | |||||
National Board for Professional Teaching Standards; and | |||||
(2) meets the other requirements of this section. | |||||
(c) Except as provided by Subsection (d), the commissioner | |||||
may approve a school district or open-enrollment charter school to | |||||
designate a teacher under this subchapter if the district's or | |||||
school's designation system under Section 21.754 determines that | |||||
among teachers in the state in similar teaching assignments, the | |||||
teacher is: | |||||
(1) for a recognized teacher, in the top 33 percent in | |||||
teaching performance; | |||||
(2) for an exemplary teacher, in the top 20 percent in | |||||
teaching performance; or | |||||
(3) for a master teacher, in the top 5 percent of | |||||
teaching performance. | |||||
(d) The commissioner may raise the percentages required | |||||
under Subsection (c) to ensure consistency of teacher performance | |||||
standards over multiple school years as statewide performance | |||||
improves, including for the purpose of teacher designation | |||||
renewals. | |||||
Sec. 21.754. DISTRICT TEACHER DESIGNATION SYSTEMS. (a) A | |||||
district's teacher designation system must incorporate: | |||||
(1) an educator appraisal system that complies with | |||||
Section 21.351 or 21.352, including incorporating student | |||||
performance, which may be measured by student performance over | |||||
multiple school years; | |||||
(2) student perception surveys for the third grade | |||||
level and higher; | |||||
(3) educator leadership, including collaborating | |||||
with, mentoring, or supporting other teachers; | |||||
(4) reliable observation-based appraisal components, | |||||
including the use of independent observers and processes to ensure | |||||
inter-rater reliability of observers; and | |||||
(5) reliable underlying student assessments used to | |||||
evaluate student performance, including test security protocols | |||||
and defined testing windows. | |||||
(a-1) A school district's or open-enrollment charter | |||||
school's teacher designation system is not required to incorporate | |||||
the surveys required under Subsection (a)(2) until the 2022-2023 | |||||
school year. This subsection expires September 1, 2023. | |||||
(b) The commissioner may not authorize a school district or | |||||
open-enrollment charter school to make teacher designations under | |||||
this subchapter until the district's teacher designation system has | |||||
evaluated classroom teachers in compliance with Subsection (a)(4). | |||||
(c) The commissioner may develop an auditing process for | |||||
district teacher designation systems to maintain quality and ensure | |||||
compliance. The commissioner may, as necessary: | |||||
(1) revoke the commissioner's approval of a district's | |||||
designation system; | |||||
(2) require modifications to a district's designation | |||||
system to retain the commissioner's approval; | |||||
(3) suspend eligibility for funding for a district's | |||||
noncompliance with an audit; or | |||||
(4) recover funds under Section 48.272 from a district | |||||
that has a designation system that is out of compliance or for which | |||||
the commissioner's approval has been revoked. | |||||
(d) The commissioner may adopt necessary reporting | |||||
processes and timelines for the auditing process under Subsection | |||||
(c). | |||||
Sec. 21.755. VALIDITY AND EXPIRATION OF TEACHER | |||||
DESIGNATION. (a) A teacher designation under this subchapter: | |||||
(1) is valid until the teacher designation expires | |||||
regardless of whether the teacher: | |||||
(A) changes teaching assignment; | |||||
(B) transfers school campuses; or | |||||
(C) is employed by another school district or | |||||
open-enrollment charter school; and | |||||
(2) expires at the end of the school year during which | |||||
the fifth anniversary of the date on which the teacher receives the | |||||
designation occurs. | |||||
(b) A teacher has no vested property right in a teacher | |||||
designation assigned to the teacher under this subchapter. | |||||
(c) A teacher designation issued under this subchapter is | |||||
void on the determination that the designation was issued | |||||
improperly. Subchapters C through H, Chapter 2001, Government | |||||
Code, do not apply to the voiding of a teacher designation under | |||||
this subsection. | |||||
(d) The State Board for Educator Certification may revoke or | |||||
suspend a certificate holder's teacher designation issued under | |||||
this subchapter. | |||||
Sec. 21.756. MULTIPLE DESIGNATIONS PROHIBITED. A teacher | |||||
may receive only one teacher designation under this subchapter at | |||||
any time. If a teacher qualifies for: | |||||
(1) both a recognized and exemplary teacher | |||||
designation, the teacher receives the exemplary designation; and | |||||
(2) either a recognized or exemplary designation and a | |||||
master designation, the teacher receives a master designation. | |||||
Sec. 21.757. INFORMATION RELATING TO TEACHER AND STUDENT | |||||
PERFORMANCE. (a) The agency, or an entity the agency contracts | |||||
with to implement this subchapter, may access information required | |||||
to verify an eligibility determination under this subchapter, | |||||
including information from the school district or open-enrollment | |||||
charter school at which the teacher is or was employed relating to | |||||
the performance of the teacher's current or previous students. | |||||
(b) The agency shall collect information necessary to | |||||
implement this subchapter, which may include student performance | |||||
information for a sample of students across the state and | |||||
information regarding educator appraisals. | |||||
(c) A school district or open-enrollment charter school | |||||
shall provide any information required under this subchapter. | |||||
(d) Information otherwise confidential remains | |||||
confidential and is not subject to Chapter 552, Government Code. | |||||
Sec. 21.758. FEES. (a) The commissioner may adopt fees for | |||||
the authorization of school districts and open-enrollment charter | |||||
schools to make teacher designations under this subchapter. | |||||
(b) A fee adopted by the agency under this subchapter is not | |||||
subject to Sections 2001.0045 and 2001.0221, Government Code. | |||||
Sec. 21.759. STUDENT PERFORMANCE STUDY. (a) The | |||||
commissioner shall periodically conduct a study using an external | |||||
organization to determine the impact of the teacher designations | |||||
issued under this subchapter on student performance. | |||||
(b) The commissioner shall make recommendations as | |||||
necessary to the governor and the legislature to improve the | |||||
quality of and impact on student performance of teacher | |||||
designations issued under this subchapter. | |||||
Sec. 21.760. ADVISORY COMMITTEE OR PANEL. (a) The | |||||
commissioner may appoint a committee or panel to advise, make | |||||
recommendations, or make determinations relating to any duties | |||||
assigned to the commissioner under this subchapter. | |||||
(b) A committee or panel appointed under this section is not | |||||
subject to Chapter 2110, Government Code. | |||||
Sec. 21.761. RULES; FINALITY OF DECISIONS. (a) The | |||||
commissioner may adopt rules to implement this subchapter. | |||||
(b) A decision made by the commissioner under this | |||||
subchapter is final and may not be appealed. | |||||
SECTION 2.009. Section 25.085, Education Code, is amended | |||||
by adding Subsection (i) to read as follows: | |||||
(i) Notwithstanding any other provision of this section, a | |||||
student enrolled in a school district is not required to attend | |||||
school for any additional instructional days described by Section | |||||
25.0841. | |||||
SECTION 2.010. Section 25.112, Education Code, is amended | |||||
by adding Subsection (g) to read as follows: | |||||
(g) The limit in Subsection (a) does not apply to a class | |||||
taught by a teacher who has been issued a recognized, exemplary, or | |||||
master teacher designation under Subchapter P, Chapter 21. | |||||
SECTION 2.011. Section 28.006, Education Code, is amended | |||||
by amending Subsections (b), (c), (d), (f), and (i) and adding | |||||
Subsections (b-1), (c-2), (c-3), and (l) to read as follows: | |||||
(b) The commissioner shall adopt a list of reading | |||||
instruments that a school district may use to diagnose student | |||||
reading development and comprehension. For use in diagnosing the | |||||
reading development and comprehension of kindergarten students, | |||||
the commissioner shall adopt a [ |
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[ |
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least three developmental skills, including literacy[ |
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assessment tool administered as provided by this subsection is | |||||
considered to be a reading instrument for purposes of this section. | |||||
A district-level committee established under Subchapter F, Chapter | |||||
11, may adopt a list of reading instruments for use in the district | |||||
in a grade level other than kindergarten in addition to the reading | |||||
instruments on the commissioner's list. Each reading instrument | |||||
adopted by the commissioner or a district-level committee must be | |||||
based on scientific research concerning reading skills development | |||||
and reading comprehension. A list of reading instruments adopted | |||||
under this subsection must provide for diagnosing the reading | |||||
development and comprehension of students participating in a | |||||
program under Subchapter B, Chapter 29. | |||||
(b-1) The commissioner may approve an alternative reading | |||||
instrument for use in diagnosing the reading development and | |||||
comprehension of kindergarten students that complies with the | |||||
requirements under Subsection (b). | |||||
(c) Each school district shall administer, at the | |||||
[ |
|||||
instrument on the list adopted by the commissioner or by the | |||||
district-level committee. The district shall administer the | |||||
reading instrument in accordance with the commissioner's | |||||
recommendations under Subsection (a)(1). | |||||
(c-2) Each school district shall administer at the | |||||
kindergarten level a reading instrument adopted by the commissioner | |||||
under Subsection (b) or approved by the commissioner under | |||||
Subsection (b-1). The district shall administer the reading | |||||
instrument in accordance with the commissioner's recommendations | |||||
under Subsection (a)(1). | |||||
(c-3) The commissioner by rule shall determine the | |||||
performance on the reading instrument adopted under Subsection (b) | |||||
that indicates kindergarten readiness. | |||||
(d) The superintendent of each school district shall: | |||||
(1) report to the commissioner and the board of | |||||
trustees of the district the results of the reading instruments; | |||||
(2) not later than the 30th day after the date on which | |||||
a reading instrument was administered report, in writing, to a | |||||
student's parent or guardian the student's results on the [ |
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instrument; and | |||||
(3) using the school readiness certification system | |||||
provided to the school district in accordance with Section | |||||
29.161(e), report electronically each student's raw score on the | |||||
reading instrument to the agency for use in the school readiness | |||||
certification system. | |||||
(f) This section may be implemented only if funds are | |||||
appropriated for administering the reading instruments or if the | |||||
reading instrument to be administered is provided to school | |||||
districts at no cost to the districts. Funds, other than local | |||||
funds, may be used to pay the cost of administering a reading | |||||
instrument only if the instrument is on the list adopted by the | |||||
commissioner. | |||||
(i) The commissioner shall certify, not later than July 1 of | |||||
each school year or as soon as practicable thereafter, whether | |||||
sufficient funds have been appropriated statewide for the purposes | |||||
of this section or whether the applicable reading instruments have | |||||
been provided to school districts at no cost to the districts. A | |||||
determination by the commissioner is final and may not be appealed. | |||||
For purposes of certification, the commissioner may not consider | |||||
Foundation School Program funds. | |||||
(l) The commissioner may adopt rules as necessary to | |||||
implement this section. Section 2001.0045, Government Code, does | |||||
not apply to rules adopted under this subsection. | |||||
SECTION 2.012. Subchapter D, Chapter 29, Education Code, is | |||||
amended by adding Section 29.124 to read as follows: | |||||
Sec. 29.124. CERTIFICATION REQUIRED. (a) Each school | |||||
district shall annually certify to the commissioner that the | |||||
district has established a program for gifted and talented students | |||||
as required by this subchapter. | |||||
(b) If the commissioner determines that a school district | |||||
has failed to comply with Subsection (a) for a school year, the | |||||
commissioner shall reduce the total amount of funding to which the | |||||
district is entitled under Chapter 48 for that school year by an | |||||
amount equal to the basic allotment multiplied by the product of: | |||||
(1) 0.12; and | |||||
(2) an amount equal to five percent of the students in | |||||
average daily attendance in the district. | |||||
(c) The commissioner may restore to a school district all or | |||||
part of the funding withheld from the district's entitlement under | |||||
Subsection (b) if during the school year the district complies with | |||||
Subsection (a). | |||||
SECTION 2.013. Section 29.153, Education Code, is amended | |||||
by amending Subsections (c) and (d) and adding Subsections (c-1), | |||||
(d-1), and (d-2) to read as follows: | |||||
(c) A prekindergarten class under this section may [ |
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be operated on a half-day basis for children under four years of age | |||||
and shall be operated on a full-day basis for children who are at | |||||
least four years of age. A district is not required to provide | |||||
transportation for a prekindergarten class, but transportation, if | |||||
provided, is included for funding purposes as part of the regular | |||||
transportation system. | |||||
(c-1) A prekindergarten class under this section for | |||||
children who are least four years of age must comply with the | |||||
program standards required for high quality prekindergarten | |||||
programs under Subchapter E-1. | |||||
(d) Subject to Subsections (d-1) and (d-2), on [ |
|||||
application of a district, the commissioner may exempt a district | |||||
from the application of all or any part of this section, including | |||||
all or any part of Subchapter E-1 for a prekindergarten class | |||||
described by Subsection (c-1), if the commissioner determines that: | |||||
(1) the district would be required to construct | |||||
classroom facilities in order to provide prekindergarten classes; | |||||
or | |||||
(2) implementing any part of this section would result | |||||
in fewer eligible children being enrolled in a prekindergarten | |||||
class under this section. | |||||
(d-1) A district may not receive an exemption under | |||||
Subsection (d) unless the district has solicited and considered at | |||||
a public meeting proposals for partnerships with public or private | |||||
entities regarding prekindergarten classes required under this | |||||
section. A decision of the board of trustees regarding a | |||||
partnership described by this subsection is final. | |||||
(d-2) An exemption under Subsection (d) may not be granted | |||||
for a period longer than three school years and may be renewed only | |||||
once. | |||||
SECTION 2.014. Section 29.1531(a), Education Code, is | |||||
amended to read as follows: | |||||
(a) A school district may offer on a tuition basis or use | |||||
district funds to provide: | |||||
(1) an additional half-day of prekindergarten classes | |||||
to children who are eligible for classes under Section 29.153 and | |||||
are under four years of age; and | |||||
(2) half-day and full-day prekindergarten classes to | |||||
children not eligible for classes under Section 29.153. | |||||
SECTION 2.015. Section 29.1532(c), Education Code, is | |||||
amended to read as follows: | |||||
(c) A school district that offers prekindergarten classes, | |||||
including a high quality prekindergarten program class under | |||||
Subchapter E-1, shall include the following information in the | |||||
district's Public Education Information Management System (PEIMS) | |||||
report: | |||||
(1) demographic information, as determined by the | |||||
commissioner, on students enrolled in district and campus | |||||
prekindergarten classes, including the number of students who are | |||||
eligible for classes under Section 29.153; | |||||
(2) the numbers of half-day and full-day | |||||
prekindergarten classes offered by the district and campus; | |||||
(3) the number of half-day prekindergarten classes for | |||||
which the district has received an exemption from full-day | |||||
operation under Section 29.153(d); | |||||
(4) the sources of funding for the prekindergarten | |||||
classes; | |||||
(5) [ |
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staff to students for each prekindergarten program class offered by | |||||
the district and campus; | |||||
(6) [ |
|||||
assessment instrument under Section 29.169 to students enrolled in | |||||
district and campus prekindergarten program classes, a description | |||||
and the results of each type of assessment instrument; and | |||||
(7) [ |
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prekindergarten program classes. | |||||
SECTION 2.016. Section 29.1543, Education Code, is amended | |||||
to read as follows: | |||||
Sec. 29.1543. EARLY EDUCATION REPORTS. The agency shall | |||||
produce and make available to the public on the agency's Internet | |||||
website annual district and campus-level reports containing | |||||
information from the previous school year on early education in | |||||
school districts and open-enrollment charter schools. A report | |||||
under this section must contain: | |||||
(1) the information required by Section 29.1532(c) to | |||||
be reported through the Public Education Information Management | |||||
System (PEIMS); | |||||
(2) a description of the diagnostic reading | |||||
instruments administered in accordance with Section 28.006(c) or | |||||
(c-2); | |||||
(3) the number of students who were administered a | |||||
diagnostic reading instrument administered in accordance with | |||||
Section 28.006(c) or (c-2); | |||||
(4) the number of students whose scores from a | |||||
diagnostic reading instrument administered in accordance with | |||||
Section 28.006(c) or (c-2) indicate reading proficiency; [ |
|||||
(5) the number of kindergarten students who were | |||||
enrolled in a prekindergarten program in the previous school year | |||||
in the same district or school as the district or school in which | |||||
the student attends kindergarten; | |||||
(6) the number and percentage of students who perform | |||||
satisfactorily on the third grade reading or mathematics assessment | |||||
instrument administered under Section 39.023, disaggregated by | |||||
whether the student was eligible for free prekindergarten under | |||||
Section 29.153; | |||||
(7) the number of students described by Subdivision | |||||
(6) who attended kindergarten in the district, disaggregated by: | |||||
(A) whether the student met the kindergarten | |||||
readiness standard on the reading instrument adopted under Section | |||||
28.006; | |||||
(B) whether the student attended prekindergarten | |||||
in the district; and | |||||
(C) the type of prekindergarten the student | |||||
attended, if applicable; and | |||||
(8) the information described by Subdivisions (6) and | |||||
(7) disaggregated by whether the student is educationally | |||||
disadvantaged. | |||||
SECTION 2.017. Section 29.162, Education Code, is amended | |||||
to read as follows: | |||||
Sec. 29.162. RULES [ |
|||||
|
|||||
subchapter, including rules establishing full-day and half-day | |||||
minutes of operation requirements as provided by Section 25.081. | |||||
(b) Section 2001.0045, Government Code, does not apply to | |||||
rules adopted under this section. | |||||
SECTION 2.018. The heading to Subchapter E-1, Chapter 29, | |||||
Education Code, is amended to read as follows: | |||||
SUBCHAPTER E-1. HIGH QUALITY PREKINDERGARTEN [ |
|||||
REQUIREMENTS | |||||
SECTION 2.019. Section 29.164, Education Code, is amended | |||||
to read as follows: | |||||
Sec. 29.164. DEFINITION. In this subchapter, "program" | |||||
means a high quality prekindergarten [ |
|||||
Section 29.153(c-1) to be provided free of tuition or fees in | |||||
accordance with this subchapter. | |||||
SECTION 2.020. Section 29.167(a), Education Code, is | |||||
amended to read as follows: | |||||
(a) A school district shall select and implement a | |||||
curriculum for a prekindergarten [ |
|||||
|
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(1) includes the prekindergarten guidelines | |||||
established by the agency; | |||||
(2) measures the progress of students in meeting the | |||||
recommended learning outcomes; and | |||||
(3) does not use national curriculum standards | |||||
developed by the Common Core State Standards Initiative. | |||||
SECTION 2.021. Section 29.170(a), Education Code, is | |||||
amended to read as follows: | |||||
(a) The commissioner shall evaluate the use and | |||||
effectiveness of prekindergarten funding [ |
|||||
|
|||||
identify effective instruction strategies implemented by school | |||||
districts under this subchapter. | |||||
SECTION 2.022. Section 29.171(a), Education Code, is | |||||
amended to read as follows: | |||||
(a) A school district that offers a prekindergarten | |||||
[ |
|||||
enter into a contract with an eligible private provider to provide | |||||
services or equipment for the program. | |||||
SECTION 2.023. Section 29.172, Education Code, is amended | |||||
to read as follows: | |||||
Sec. 29.172. RULES. (a) The commissioner may adopt rules | |||||
necessary to implement this subchapter. | |||||
(b) Section 2001.0045, Government Code, does not apply to | |||||
rules adopted under this section. | |||||
SECTION 2.024. Section 29.190(a), Education Code, is | |||||
amended to read as follows: | |||||
(a) A student is entitled to a subsidy under this section | |||||
if: | |||||
(1) the student: | |||||
(A) successfully completes the career and | |||||
technology program of a school district in which the student | |||||
receives training and instruction for employment; or | |||||
(B) is enrolled in a special education program | |||||
under Subchapter A; and | |||||
(2) the student passes a certification examination to | |||||
qualify for a license or certificate that is an industry | |||||
certification for purposes of Section 39.053(c)(1)(B)(v). | |||||
SECTION 2.025. Subchapter Z, Chapter 29, Education Code, is | |||||
amended by adding Sections 29.924 and 29.925 to read as follows: | |||||
Sec. 29.924. BLENDED LEARNING GRANT PROGRAM. (a) In this | |||||
section, "blended learning" means an instructional delivery method | |||||
that combines classroom and online instruction. | |||||
(b) From funds appropriated or available for purposes of | |||||
this section, the commissioner shall establish a grant program to | |||||
assist school districts in developing and implementing effective | |||||
blended learning models. In awarding grants under the program, the | |||||
commissioner shall give priority to school districts that have the | |||||
highest enrollment of students who are educationally | |||||
disadvantaged. | |||||
(c) A school district that receives a grant under this | |||||
section must: | |||||
(1) develop a plan to implement a blended learning | |||||
model that meets the requirements under Subsection (d); | |||||
(2) provide training to educators on effective blended | |||||
learning practices using a program approved by the commissioner for | |||||
that purpose; | |||||
(3) after completion of the training under Subdivision | |||||
(2): | |||||
(A) certify to the agency that the blended | |||||
learning model has been implemented; and | |||||
(B) immediately following the fourth school year | |||||
of implementation, submit to the agency a report on student | |||||
outcomes under the blended learning model; and | |||||
(4) provide any other information to the agency as | |||||
necessary for the implementation of this section. | |||||
(d) A plan to implement a blended learning model developed | |||||
under Subsection (c) must: | |||||
(1) during the first year require implementation of | |||||
the model across an entire grade level at a campus and permit | |||||
subsequent expansion of the model to additional grade levels at the | |||||
campus or, if the campus has achieved full implementation of the | |||||
model across all grade levels, to additional campuses in a manner | |||||
that provides students a consistent learning experience; | |||||
(2) require classroom teachers to personalize | |||||
instruction for all students in a grade level using the blended | |||||
learning model, including by: | |||||
(A) using curricula and assessments that allow | |||||
each student to progress at the student's pace based on | |||||
demonstrated proficiency; | |||||
(B) providing learning opportunities that give | |||||
students, in collaboration with the teacher, control over the time, | |||||
place, path, and pace of the student's learning; and | |||||
(C) allocating a certain amount of instructional | |||||
preparation time to collaborating with students and developing | |||||
blended learning lesson plans and activities driven by individual | |||||
student needs; | |||||
(3) provide educators with professional development | |||||
opportunities regarding blended learning; and | |||||
(4) require the use of a proficiency-based assessment | |||||
to inform instruction and provide classroom teachers with relevant | |||||
information regarding strengths and gaps in a student's learning | |||||
and proficiency in the essential knowledge and skills. | |||||
(e) Funds awarded under the grant program may be used only | |||||
to implement a program under this section and satisfy the | |||||
requirements under Subsection (c). | |||||
(f) A school district may receive a grant under this section | |||||
for not more than four consecutive school years. | |||||
(g) The commissioner shall adopt rules as necessary to | |||||
implement this section, including rules establishing an | |||||
application and selection process for awarding grants under this | |||||
section and a list of programs that may be used for training under | |||||
Subsection (c)(2). In adopting rules under this subsection, the | |||||
commissioner may not impose any requirements on a school district's | |||||
plan to implement a blended learning model not listed under | |||||
Subsection (d). | |||||
(h) A decision of the commissioner under this section is | |||||
final and may not be appealed. | |||||
Sec. 29.925. ENHANCEMENT SERVICES GRANT PROGRAM. (a) In | |||||
this section: | |||||
(1) "Committee" means an admission, review, and | |||||
dismissal committee or a team established for a student under | |||||
Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794). | |||||
(2) "Parent" means a resident of this state who is a | |||||
natural or adoptive parent, managing or possessory conservator, | |||||
legal guardian, custodian, or other person with legal authority to | |||||
act on behalf of a child. | |||||
(3) "Program" means the grant program established | |||||
under this section. | |||||
(4) "Program participant" means a student and a parent | |||||
of a student who has been accepted into the program. | |||||
(b) From funds appropriated or available for the purpose, | |||||
including federal funding, the commissioner shall establish and | |||||
administer a grant program to provide funding to school districts | |||||
for eligible students to obtain enhancement services that: | |||||
(1) supplement the student's public education; | |||||
(2) promote and improve the student's overall academic | |||||
performance; and | |||||
(3) exceed the level of services that the student's | |||||
committee has determined to be necessary for the student to receive | |||||
a free appropriate public education. | |||||
(c) A student is eligible to participate in the program if: | |||||
(1) the student is enrolled in a school district and | |||||
was enrolled in that district during the entire preceding school | |||||
year; | |||||
(2) the student has one or more of the following | |||||
disabilities: | |||||
(A) dyslexia; | |||||
(B) autism; | |||||
(C) speech disability; or | |||||
(D) learning disability; and | |||||
(3) for one or more disabilities listed in Subdivision | |||||
(2): | |||||
(A) an individualized education program has been | |||||
developed for the student under Section 29.005; or | |||||
(B) the student is covered by Section 504, | |||||
Rehabilitation Act of 1973 (29 U.S.C. Section 794). | |||||
(d) On or before the date established by commissioner rule, | |||||
each school district annually shall provide information regarding | |||||
the program to a parent of each student enrolled in the district who | |||||
may be eligible to participate in the program. | |||||
(e) On or before the date established by commissioner rule, | |||||
a parent of an eligible student may apply on behalf of the student | |||||
to the agency for participation in the program for the school year | |||||
for which the application is made. The school district in which the | |||||
student is enrolled shall assist the parent in making the | |||||
application. | |||||
(f) In accepting students into the program, the | |||||
commissioner shall: | |||||
(1) give priority to students who are educationally | |||||
disadvantaged; and | |||||
(2) to the greatest extent possible, ensure that the | |||||
accepted students reflect the diversity of the state. | |||||
(g) Funds received under the program may be used only for | |||||
the following services or goods provided to a program participant | |||||
by an education service provider or vendor of educational products | |||||
approved by the commissioner under Subsection (j): | |||||
(1) costs of transportation for the student to receive | |||||
educational support services; | |||||
(2) the cost of instructional materials, as that term | |||||
is defined by Section 31.002; | |||||
(3) fees for educational therapies or support services | |||||
provided by a practitioner or provider; and | |||||
(4) costs of assistive technology. | |||||
(h) The parent of a student participating in the program, in | |||||
consultation with the student's committee, shall select the | |||||
services or goods allowed under Subsection (g) to be provided to the | |||||
student under the program and the appropriate education service | |||||
provider or vendor of educational products to provide those | |||||
services or goods. On the parent's selection, the school district | |||||
at which the parent's student is enrolled shall contract with the | |||||
selected education service provider or vendor of educational | |||||
products to provide the selected services or goods to the student. | |||||
(i) An education service provider or vendor of educational | |||||
products may not solicit or provide incentives to any program | |||||
participant to select the provider or vendor to provide services or | |||||
goods using money distributed under the program. | |||||
(j) An education service provider or vendor of educational | |||||
products must apply to and be approved by the commissioner to | |||||
receive money distributed under the program. To be eligible for | |||||
approval, an education service provider or vendor of educational | |||||
products must: | |||||
(1) have operated for at least three consecutive | |||||
years, including at least one year in this state; | |||||
(2) provide to the commissioner: | |||||
(A) a current financial audit from a certified | |||||
public accountant; | |||||
(B) documentation indicating that the provider | |||||
or vendor has completed a national criminal history record | |||||
information review within a period established by commissioner | |||||
rule; and | |||||
(C) a list of any national or state licenses, | |||||
certifications, or credentials possessed by the provider or vendor; | |||||
and | |||||
(3) agree not to use the national curriculum standards | |||||
developed by the Common Core State Standards Initiative. | |||||
(k) A parent of a student participating in the program, a | |||||
member of the student's committee, or an education service provider | |||||
or vendor of educational products may appeal the commissioner's | |||||
rejection of an application submitted under Subsection (j) in | |||||
accordance with rules established by the commissioner. | |||||
(l) At least once each semester, an education service | |||||
provider or vendor of educational products selected to provide | |||||
services or goods to a student participating in the program shall | |||||
meet with the student's parent and the members of the student's | |||||
committee at a time and place determined by the school district to | |||||
discuss the student's progress and to evaluate the continued use of | |||||
the provider or vendor. | |||||
(m) The commissioner annually shall review each approved | |||||
education service provider or vendor of educational products and, | |||||
as appropriate, renew or revoke that approval. | |||||
(n) A student's participation in the program does not affect | |||||
the student's rights or a school district's obligations with | |||||
respect to the student under the Individuals with Disabilities | |||||
Education Act (20 U.S.C. Section 1400 et seq.); Section 504, | |||||
Rehabilitation Act of 1973 (29 U.S.C. Section 794); or the | |||||
Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et | |||||
seq.). | |||||
(o) Each school district in which a participating student is | |||||
enrolled shall submit an annual report to the agency on the use of | |||||
grant funds awarded under this section. | |||||
(o-1) Not later than December 30, 2020, the agency shall | |||||
review the performance of the program and submit to the legislature | |||||
a report on the agency's conclusions. In conducting the review, the | |||||
agency shall solicit input from program participants and | |||||
participating school districts. This subsection expires September | |||||
1, 2021. | |||||
(p) The commissioner shall adopt rules as necessary to | |||||
implement this section. | |||||
SECTION 2.026. Sections 39.0261(a), (e), and (f), Education | |||||
Code, are 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) [ |
|||||
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. | |||||
(e) Subsection (a)(3) does not prohibit a high school | |||||
student [ |
|||||
from selecting and taking, at the student's own expense, an | |||||
assessment instrument described by that subdivision [ |
|||||
|
|||||
|
|||||
|
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(f) The provisions of this section regarding assessment | |||||
instruments administered under Subsection (a)(1) or (2) apply only | |||||
if the legislature appropriates funds for those purposes [ |
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|
|||||
SECTION 2.027. Section 39.306(a), Education Code, is | |||||
amended to read as follows: | |||||
(a) Each board of trustees shall publish an annual report | |||||
describing the educational performance of the district and of each | |||||
campus in the district that includes uniform student performance | |||||
and descriptive information as determined under rules adopted by | |||||
the commissioner. The annual report must also include: | |||||
(1) campus performance objectives established under | |||||
Section 11.253 and the progress of each campus toward those | |||||
objectives, which shall be available to the public; | |||||
(2) information indicating the district's | |||||
accreditation status and identifying each district campus awarded a | |||||
distinction designation under Subchapter G or considered an | |||||
unacceptable campus under Chapter 39A; | |||||
(3) the district's current special education | |||||
compliance status with the agency; | |||||
(4) a statement of the number, rate, and type of | |||||
violent or criminal incidents that occurred on each district | |||||
campus, to the extent permitted under the Family Educational Rights | |||||
and Privacy Act of 1974 (20 U.S.C. Section 1232g); | |||||
(5) information concerning school violence prevention | |||||
and violence intervention policies and procedures that the district | |||||
is using to protect students; | |||||
(6) the findings that result from evaluations | |||||
conducted under the Safe and Drug-Free Schools and Communities Act | |||||
of 1994 (20 U.S.C. Section 7101 et seq.); [ |
|||||
(7) information received under Section 51.403(e) for | |||||
each high school campus in the district, presented in a form | |||||
determined by the commissioner; and | |||||
(8) the progress of the district and each campus in the | |||||
district toward meeting three- and five-year goals developed by the | |||||
district to achieve the state's public education goals under | |||||
Section 39.335(a)(1). | |||||
SECTION 2.028. Subchapter K, Chapter 39, Education Code, is | |||||
amended by adding Section 39.335 to read as follows: | |||||
Sec. 39.335. EDUCATIONAL PROGRESS REPORT. (a) Not later | |||||
than December 1 of each year, the agency shall produce a report on | |||||
progress in the preceding school year toward meeting the state's | |||||
public education goals. The report must: | |||||
(1) include: | |||||
(A) the percentage of students who performed | |||||
satisfactorily on an assessment instrument administered under | |||||
Section 39.023; | |||||
(B) the percentage of students who graduated high | |||||
school without the need for remediation, based on meeting college, | |||||
career, or military readiness standards under Section | |||||
39.053(c)(1)(B); and | |||||
(C) any other information indicating progress | |||||
toward increasing the percentage of students described by | |||||
Paragraphs (A) and (B); and | |||||
(2) be disaggregated by: | |||||
(A) each student group evaluated under the | |||||
closing the gaps domain under Section 39.053(c)(3); | |||||
(B) school district or open-enrollment charter | |||||
school; and | |||||
(C) high school campus. | |||||
(b) The agency may provide the report under Subsection (a) | |||||
in writing or post the report on the agency's Internet website. The | |||||
report may be combined with any other report produced by the agency. | |||||
ARTICLE 3. REPEALER | |||||
SECTION 3.001. (a) The following provisions of the | |||||
Education Code are repealed: | |||||
(1) Section 21.0481; | |||||
(2) Section 21.0482; | |||||
(3) Section 21.0483; | |||||
(4) Section 21.0484; | |||||
(5) Section 21.357; | |||||
(6) Sections 21.402(f) and (h); | |||||
(7) Section 21.410; | |||||
(8) Section 21.411; | |||||
(9) Section 21.412; | |||||
(10) Section 21.413; | |||||
(11) Sections 28.006(d-1) and (e); | |||||
(12) Section 29.097; | |||||
(13) Section 29.098; | |||||
(14) Section 29.165; | |||||
(15) Section 29.166; | |||||
(16) Section 39.233; | |||||
(17) Section 39.234; | |||||
(18) the headings to Chapters 41 and 42; | |||||
(19) the heading to Subchapter A, Chapter 41; | |||||
(20) the heading to Section 41.002; | |||||
(21) Sections 41.002(a) and (b); | |||||
(22) Section 41.0041; | |||||
(23) the heading to Subchapter D, Chapter 41; | |||||
(24) Section 41.0931; | |||||
(25) Section 41.098; | |||||
(26) the heading to Subchapter E, Chapter 41; | |||||
(27) the heading to Subchapter A, Chapter 42; | |||||
(28) the heading to Section 42.006; | |||||
(29) Section 42.007; | |||||
(30) the heading to Subchapter B, Chapter 42; | |||||
(31) Section 42.102; | |||||
(32) Section 42.103; | |||||
(33) Section 42.104; | |||||
(34) the heading to Subchapter C, Chapter 42; | |||||
(35) Section 42.1541; | |||||
(36) Section 42.156; | |||||
(37) Section 42.160; | |||||
(38) the heading to Subchapter E, Chapter 42; | |||||
(39) Section 42.2513; | |||||
(40) Section 42.2517; | |||||
(41) Section 42.2518; and | |||||
(42) the headings to Subchapters F and G, Chapter 42. | |||||
(b) Effective September 1, 2024, Sections 48.257(g), (h), | |||||
and (i), Education Code, as transferred, redesignated, and amended | |||||
by this Act, are repealed. | |||||
(c) Sections 26.08(o) and (p), Tax Code, are repealed. | |||||
ARTICLE 4. TRANSITION | |||||
SECTION 4.001. The State Board for Educator Certification | |||||
may not issue a new or renew a master teacher certificate issued | |||||
under Section 21.0481, 21.0482, 21.0483, or 21.0484, Education | |||||
Code, on or after the effective date of this Act. | |||||
SECTION 4.002. (a) Except as provided by Subsection (b) of | |||||
this section, Article 2 of this Act applies beginning with the | |||||
2019-2020 school year. | |||||
(b) Section 28.006, Education Code, as amended by this Act, | |||||
applies beginning with the 2020-2021 school year. | |||||
SECTION 4.003. Section 26.08, Tax Code, as amended by this | |||||
Act, applies beginning with the 2019 tax year. | |||||
SECTION 4.004. To the extent of any conflict, this Act | |||||
prevails over another Act of the 86th Legislature, Regular Session, | |||||
2019, relating to nonsubstantive additions to and corrections in | |||||
enacted codes. | |||||
ARTICLE 5. EFFECTIVE DATE | |||||
SECTION 5.001. (a) Except as provided by Subsection (b) of | |||||
this section, this Act takes effect September 1, 2019. | |||||
(b) Section 48.106(b), Education Code, as transferred, | |||||
redesignated, and amended by this Act, takes effect September 1, | |||||
2020. |