S.B. No. 7
AN ACT
1-1 relating to public school education and finance; providing civil
1-2 penalties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 ARTICLE 1
1-5 SECTION 1.01. Title 2, Education Code, is amended by adding
1-6 Chapter 36 to read as follows:
1-7 CHAPTER 36. EQUALIZED WEALTH LEVEL
1-8 SUBCHAPTER A. GENERAL PROVISIONS
1-9 Sec. 36.001. DEFINITIONS. In this chapter:
1-10 (1) "Equalized wealth level" means the wealth per
1-11 student provided by Section 36.002.
1-12 (2) "Wealth per student" means the taxable value of
1-13 property, as determined under Section 11.86, divided by the number
1-14 of students in weighted average daily attendance.
1-15 (3) "Weighted average daily attendance" has the
1-16 meaning assigned by Section 16.302, except that weighted average
1-17 daily attendance is computed using the estimate of average daily
1-18 attendance under Section 16.2541, and the estimate under Section
1-19 16.2541 is modified by including a student residing in a school
1-20 district but attending school in another district in the estimate
1-21 for the district of the student's residence and not of the district
1-22 in which the student attends school.
1-23 Sec. 36.002. EQUALIZED WEALTH LEVEL. (a) Except as
1-24 provided by Subsections (b) and (c), a school district may not have
2-1 a wealth per student that exceeds $280,000.
2-2 (b) For the 1993-1994 school year, in accordance with a
2-3 determination of the commissioner of education, the wealth per
2-4 student that a school district may have after exercising an option
2-5 under Section 36.003(2), (3), or (4) may not be less than the
2-6 amount needed to maintain the amount of state and local revenue per
2-7 weighted student for maintenance and operation of the district for
2-8 the 1992-1993 school year if the district imposes an effective tax
2-9 rate for maintenance and operation of the district equal to the
2-10 greater of the district's current tax rate or $1.375 on the $100
2-11 valuation of taxable property.
2-12 (c) For the 1994-1995 and 1995-1996 school years, in
2-13 accordance with a determination of the commissioner of education,
2-14 the wealth per student that a school district may have after
2-15 exercising an option under Section 36.003(2), (3), or (4) may not
2-16 be less than the amount needed to maintain the amount of state and
2-17 local revenue per weighted student for maintenance and operation of
2-18 the district for the 1992-1993 school year if the district imposes
2-19 an effective tax rate for maintenance and operation of the district
2-20 equal to the greater of the district's current tax rate or $1.50 on
2-21 the $100 valuation of taxable property.
2-22 (d) For purposes of Subsections (b) and (c), a school
2-23 district's effective tax rate is determined by dividing the total
2-24 amount of taxes collected by the district for the applicable school
2-25 year by the quotient of the district's taxable value of property,
2-26 as determined under Section 11.86, divided by 100.
2-27 Sec. 36.003. OPTIONS TO ACHIEVE EQUALIZED WEALTH LEVEL. A
3-1 district with a wealth per student that exceeds the equalized
3-2 wealth level may take any combination of the following actions to
3-3 achieve the equalized wealth level:
3-4 (1) consolidation with another district as provided by
3-5 Subchapter B;
3-6 (2) detachment of territory as provided by Subchapter
3-7 C;
3-8 (3) purchase of average daily attendance credit as
3-9 provided by Subchapter D;
3-10 (4) contracting for the education of nonresident
3-11 students as provided by Subchapter E; or
3-12 (5) tax base consolidation with another district as
3-13 provided by Subchapter F.
3-14 Sec. 36.004. ANNUAL REVIEW OF PROPERTY WEALTH. (a) Not
3-15 later than July 15 of each year, the commissioner of education
3-16 shall review the wealth per student of school districts in the
3-17 state and shall notify:
3-18 (1) each district with wealth per student exceeding
3-19 the equalized wealth level;
3-20 (2) each district to which the commissioner proposes
3-21 to annex property detached from a district notified under
3-22 Subdivision (1), if necessary, under Subchapter G; and
3-23 (3) each district to which the commissioner proposes
3-24 to consolidate a district notified under Subdivision (1), if
3-25 necessary, under Subchapter H.
3-26 (b) If, before the dates provided by this subsection, a
3-27 district notified under Subsection (a)(1) has not successfully
4-1 exercised one or more options under Section 36.003 that reduce the
4-2 district's wealth per student to a level equal to or less than the
4-3 equalized wealth level, the commissioner shall order the detachment
4-4 of property from that district as provided by Subchapter G. If
4-5 that detachment will not reduce the district's wealth per student
4-6 to a level equal to or less than the equalized wealth level, the
4-7 commissioner may not detach property under Subchapter G but shall
4-8 order the consolidation of the district with one or more other
4-9 districts as provided by Subchapter H. An agreement under Section
4-10 36.003(1) or (2) must be executed not later than September 1
4-11 immediately following the notice under Subsection (a). An election
4-12 for an option under Section 36.003(3), (4), or (5) must be ordered
4-13 before September 1 immediately following the notice under
4-14 Subsection (a).
4-15 (c) A district notified under Subsection (a) may not adopt a
4-16 tax rate for the tax year in which the district receives the notice
4-17 until the commissioner of education certifies that the district has
4-18 achieved the equalized wealth level.
4-19 (d) A detachment and annexation or consolidation under this
4-20 chapter:
4-21 (1) is effective for foundation school program funding
4-22 purposes for the school year that begins in the calendar year in
4-23 which the detachment and annexation or consolidation is agreed to
4-24 or ordered; and
4-25 (2) applies to the ad valorem taxation of property
4-26 beginning with the tax year in which the agreement or order is
4-27 effective.
5-1 Sec. 36.005. COMPTROLLER AND APPRAISAL DISTRICT COOPERATION.
5-2 The chief appraiser of each appraisal district and the comptroller
5-3 shall cooperate with the commissioner and school districts in
5-4 implementing this chapter.
5-5 Sec. 36.006. RULES. (a) The commissioner of education may
5-6 adopt rules necessary for the implementation of this chapter. The
5-7 rules may provide for the commissioner to make necessary
5-8 adjustments to the provisions of Chapter 16, including providing
5-9 for the commissioner, with the approval of the foundation school
5-10 fund budget committee, to make an adjustment in the funding element
5-11 established by Section 16.302, at the earliest date practicable, to
5-12 the amount the commissioner believes, taking into consideration
5-13 options exercised by school districts under this chapter and
5-14 estimates of student enrollments, will match appropriation levels.
5-15 (b) As necessary for the effective and efficient
5-16 administration of this chapter, the commissioner of education may
5-17 modify effective dates and time periods for actions described by
5-18 this chapter.
5-19 Sec. 36.007. COMMISSIONER TO APPROVE SUBSEQUENT BOUNDARY
5-20 CHANGES. A school district that is involved in an action under
5-21 this chapter that results in boundary changes to the district or in
5-22 the consolidation of tax bases is subject to consolidation,
5-23 detachment, or annexation under Chapter 19 only if the commissioner
5-24 of education certifies that the change under Chapter 19 will not
5-25 result in a district with a wealth per student that exceeds the
5-26 equalized wealth level.
5-27 Sec. 36.0075. HOMESTEAD EXEMPTIONS. (a) The governing
6-1 board of a school district that results from consolidation under
6-2 this chapter, including a consolidated taxing district under
6-3 Subchapter F, for the tax year in which the consolidation occurs
6-4 may determine whether to adopt a homestead exemption provided by
6-5 Section 11.13, Tax Code, and may set the amount of the exemption,
6-6 if adopted, at any time before the school district adopts a tax
6-7 rate for that tax year. This section applies only to an exemption
6-8 that the governing board of a school district is authorized to
6-9 adopt or change in amount under Section 11.13, Tax Code.
6-10 (b) This section prevails over any inconsistent provision of
6-11 Section 11.13, Tax Code, or other law.
6-12 Sec. 36.008. TAX ABATEMENTS. (a) A tax abatement agreement
6-13 executed by a school district that is involved in consolidation or
6-14 in detachment and annexation of territory under this chapter is not
6-15 affected and applies to the taxation of the property covered by the
6-16 agreement as if executed by the district within which the property
6-17 is included.
6-18 (b) The commissioner shall determine the wealth per student
6-19 of a school district under this chapter as if any tax abatement
6-20 agreement executed by a school district on or after May 31, 1993,
6-21 had not been executed.
6-22 Sec. 36.0085. TAX INCREMENT OBLIGATIONS. The payment of tax
6-23 increments under Chapter 311, Tax Code, is not affected by the
6-24 consolidation of territory or tax bases or by annexation under this
6-25 chapter. In each tax year a school district paying a tax increment
6-26 from taxes on property over which the district has assumed taxing
6-27 power is entitled to retain the same percentage of the tax
7-1 increment from that property that the district in which the
7-2 property was located before the consolidation or annexation could
7-3 have retained for the respective tax year.
7-4 Sec. 36.009. CONTINGENCY. (a) If any of the options
7-5 described by Section 36.003 as applied to a school district are
7-6 held invalid by a final decision of a court of competent
7-7 jurisdiction, a school district is entitled to exercise any of the
7-8 remaining valid options in accordance with a schedule approved by
7-9 the commissioner of education.
7-10 (b) If a final order of a court of competent jurisdiction
7-11 should hold each of the options provided by Section 36.003 invalid,
7-12 the commissioner shall act under Subchapter G or H to achieve the
7-13 equalized wealth level only after notice and hearing is afforded to
7-14 each school district affected by the order. The commissioner shall
7-15 adopt a plan that least disrupts the affected school districts. If
7-16 because the exigency to adopt a plan prevents the commissioner from
7-17 giving a reasonable time for notice and hearing, the commissioner
7-18 shall timely give notice to and hold a hearing for the affected
7-19 school districts, but in no event less than 30 days from time of
7-20 notice to the date of hearing.
7-21 (c) If a final order of a court of competent jurisdiction
7-22 should hold an option provided by Section 36.003 invalid and order
7-23 a refund to a district of any amounts paid by a district choosing
7-24 that option, the amount shall be refunded but held in reserve and
7-25 not expended by the district until released by order of the
7-26 commissioner of education. The commissioner shall order the
7-27 release immediately on the commissioner's determination that,
8-1 through one of the means provided by law, the district has achieved
8-2 the equalized wealth level. The amount released shall be deducted
8-3 from any state aid payable to the district according to a schedule
8-4 adopted by the commissioner.
8-5 Sec. 36.010. DATE OF ELECTIONS. An election under this
8-6 chapter for voter approval of an agreement entered by the board of
8-7 trustees shall be held on a Tuesday or Saturday not more than 45
8-8 days after the date of the agreement. Section 41.001, Election
8-9 Code, does not apply to the election.
8-10 Sec. 36.011. PROCEDURE. (a) Except as provided by
8-11 Subchapter G, a decision of the commissioner under this chapter is
8-12 appealable under Section 11.13(c).
8-13 (b) Any order of the commissioner issued under this chapter
8-14 shall be given immediate effect and may not be stayed or enjoined
8-15 pending any appeal.
8-16 (c) The Administrative Procedure and Texas Register Act
8-17 (Article 6252-13a, Vernon's Texas Civil Statutes) does not apply to
8-18 a decision of the commissioner under this chapter.
8-19 (d) On the request of the commissioner, the secretary of
8-20 state shall publish any rules adopted under this chapter in the
8-21 Texas Register and the Texas Administrative Code.
8-22 SUBCHAPTER B. CONSOLIDATION BY AGREEMENT
8-23 Sec. 36.031. AGREEMENT. The governing boards of any two or
8-24 more school districts may consolidate the districts by agreement in
8-25 accordance with this subchapter to establish a consolidated
8-26 district with a wealth per student equal to or less than the
8-27 equalized wealth level. The agreement is not effective unless the
9-1 commissioner of education certifies that the consolidated district,
9-2 as a result of actions taken under this chapter, will have a wealth
9-3 per student equal to or less than the equalized wealth level.
9-4 Sec. 36.032. GOVERNING LAW. Except to the extent modified
9-5 by the terms of the agreement, the consolidated district is
9-6 governed by the applicable provisions of Subchapter C, Chapter 19,
9-7 other than a provision requiring consolidating districts to be
9-8 contiguous. The agreement may not be inconsistent with the
9-9 requirements of this subchapter.
9-10 Sec. 36.033. GOVERNANCE PLAN. (a) The agreement among the
9-11 consolidating districts may include a governance plan designed to
9-12 preserve community-based and site-based decision making within the
9-13 consolidated district, including the delegation of specific powers
9-14 of the governing board of the district other than the power to levy
9-15 taxes.
9-16 (b) The governance plan may provide for a transitional board
9-17 of trustees during the first year after consolidation, but
9-18 beginning with the next year the board of trustees must be elected
9-19 from within the boundaries of the consolidated district from
9-20 single-member districts drawn in accordance with the procedures
9-21 provided by Section 23.024.
9-22 Sec. 36.034. INCENTIVE AID. (a) For the first and second
9-23 school years after creation of a consolidated district under this
9-24 subchapter, the commissioner of education shall adjust allotments
9-25 to the consolidated district to the extent necessary to preserve
9-26 the effects of an adjustment under Section 16.102, 16.103, or
9-27 16.104 to which either of the consolidating districts would have
10-1 been entitled but for the consolidation.
10-2 (b) A district receiving incentive aid payments under this
10-3 section is not entitled to incentive aid under Subchapter G,
10-4 Chapter 23.
10-5 SUBCHAPTER C. DETACHMENT AND ANNEXATION BY AGREEMENT
10-6 Sec. 36.061. AGREEMENT. (a) By agreement of the governing
10-7 boards of two school districts, territory may be detached from one
10-8 of the districts and annexed to the other district if, after the
10-9 action:
10-10 (1) the wealth per student of the district from which
10-11 territory is detached is equal to or less than the equalized wealth
10-12 level; and
10-13 (2) the wealth per student of the district to which
10-14 territory is annexed is not greater than the greatest level for
10-15 which funds are provided under Subchapter H, Chapter 16.
10-16 (b) The agreement is not effective unless the commissioner
10-17 of education certifies that, after all actions taken under this
10-18 chapter, the wealth per student of each district involved will be
10-19 equal to or less than the applicable level permitted by Subsection
10-20 (a).
10-21 Sec. 36.062. GOVERNING LAW. Except to the extent of any
10-22 conflict with this chapter and except for any requirement that
10-23 detached property must be annexed to a school district that is
10-24 contiguous to the detached territory, the annexation and detachment
10-25 is governed by Chapter 19.
10-26 Sec. 36.063. ALLOCATION OF APPRAISED VALUE OF DIVIDED UNIT.
10-27 If portions of a parcel or other item of property are located in
11-1 different school districts as a result of a detachment and
11-2 annexation under this subchapter, the parcel or other item of
11-3 property shall be appraised for taxation as a unit, and the
11-4 agreement shall allocate the taxable value of the property between
11-5 the districts.
11-6 Sec. 36.064. ALLOCATION OF INDEBTEDNESS. The annexation
11-7 agreement may allocate to the receiving district any portion of the
11-8 indebtedness of the district from which the territory is detached,
11-9 and the receiving district assumes and is liable for the allocated
11-10 indebtedness.
11-11 Sec. 36.065. NOTICE. As soon as practicable after the
11-12 agreement is executed, the districts involved shall notify each
11-13 affected property owner and the appraisal district in which the
11-14 affected property is located.
11-15 SUBCHAPTER D. PURCHASE OF ATTENDANCE CREDIT
11-16 Sec. 36.091. AGREEMENT. A school district with a wealth per
11-17 student that exceeds the equalized wealth level may execute an
11-18 agreement with the commissioner of education to purchase attendance
11-19 credits in an amount sufficient, in combination with any other
11-20 actions taken under this chapter, to reduce the district's wealth
11-21 per student to a level that is equal to or less than the equalized
11-22 wealth level.
11-23 Sec. 36.092. CREDIT. (a) For each credit purchased, the
11-24 weighted average daily attendance of the purchasing school district
11-25 is increased by one student in weighted average daily attendance
11-26 for purposes of determining whether the district exceeds the
11-27 equalized wealth level.
12-1 (b) A credit is not used in determining a school district's
12-2 scholastic population, average daily attendance, or weighted
12-3 average daily attendance for purposes of Chapter 15 or 16.
12-4 Sec. 36.093. COST. The cost of each credit is an amount
12-5 equal to the greater of:
12-6 (1) the amount of the district's total tax revenue per
12-7 weighted student in average daily attendance for the school year
12-8 for which the contract is executed; or
12-9 (2) the amount of the statewide district average of
12-10 total tax revenue per weighted student in average daily attendance
12-11 for the school year preceding the school year for which the
12-12 contract is executed.
12-13 Sec. 36.094. PAYMENT. (a) A school district shall pay for
12-14 credits purchased in accordance with a schedule adopted by the
12-15 commissioner of education, with all payments being made not later
12-16 than February 15 of the school year for which the agreement is in
12-17 effect.
12-18 (b) Receipts shall be deposited in the state treasury and
12-19 may be used only for foundation school program purposes.
12-20 Sec. 36.095. DURATION. An agreement under this section is
12-21 valid for one school year and, subject to Section 36.096, may be
12-22 renewed annually.
12-23 Sec. 36.096. VOTER APPROVAL. (a) After first executing an
12-24 agreement under this section, the board of trustees shall order and
12-25 conduct an election, in the manner provided by Sections
12-26 19.003(d)-(h), to obtain voter approval of the agreement.
12-27 (b) The ballot shall be printed to provide for voting for or
13-1 against the proposition: "Authorizing the board of trustees of
13-2 ________ School District to purchase attendance credits from the
13-3 state with local tax revenues."
13-4 (c) The proposition is approved if the proposition receives
13-5 a favorable vote of a majority of the votes cast. If the
13-6 proposition is approved, the agreement executed by the board is
13-7 ratified, and the board has continuing authority to execute
13-8 agreements under this subchapter on behalf of the district without
13-9 further voter approval.
13-10 SUBCHAPTER E. CONTRACT FOR EDUCATION OF NONRESIDENT STUDENTS
13-11 Sec. 36.121. AGREEMENT. The board of trustees of a district
13-12 with a wealth per student that exceeds the equalized wealth level
13-13 may execute an agreement to educate the students of another
13-14 district in a number that, when the weighted average daily
13-15 attendance of the students served is added to the weighted average
13-16 daily attendance of the contracting district, is sufficient, in
13-17 combination with any other actions taken under this chapter, to
13-18 reduce the district's wealth per student to a level that is equal
13-19 to or less than the equalized wealth level. The agreement is not
13-20 effective unless the commissioner of education certifies that the
13-21 transfer of weighted average daily attendance will not result in
13-22 any of the contracting districts' wealth per student being greater
13-23 than the equalized wealth level and that the agreement requires an
13-24 expenditure per weighted student in average daily attendance that
13-25 is at least equal to the amount per weighted student in average
13-26 daily attendance required under Section 36.093, unless it is
13-27 determined by the commissioner that a quality educational program
14-1 can be delivered at a lesser amount.
14-2 Sec. 36.122. VOTER APPROVAL. (a) After first executing an
14-3 agreement under this section, the board of trustees of the district
14-4 that will be educating nonresident students shall order and conduct
14-5 an election, in the manner provided by Sections 19.003(d)-(h), to
14-6 obtain voter approval of the agreement.
14-7 (b) The ballot shall be printed to provide for voting for or
14-8 against the proposition: "Authorizing the board of trustees of
14-9 ________ School District to educate students of other school
14-10 districts with local tax revenues."
14-11 (c) The proposition is approved if the proposition receives
14-12 a favorable vote of a majority of the votes cast. If the
14-13 proposition is approved, the agreement executed by the board is
14-14 ratified, and the board has continuing authority to execute
14-15 agreements under this subchapter on behalf of the district without
14-16 further voter approval.
14-17 Sec. 36.123. WADA COUNT. For purposes of Chapter 16,
14-18 students served under an agreement under this subchapter are
14-19 counted only in the weighted average daily attendance of the
14-20 district providing the services.
14-21 SUBCHAPTER F. TAX BASE CONSOLIDATION
14-22 Sec. 36.151. AGREEMENT. The board of trustees of two or
14-23 more school districts may execute an agreement to conduct an
14-24 election on the creation of a consolidated taxing district for the
14-25 maintenance and operation of the component school districts. The
14-26 agreement is subject to approval by the commissioner of education.
14-27 The agreement is not effective unless the commissioner of education
15-1 certifies that the consolidated taxing district will have a wealth
15-2 per student equal to or less than the equalized wealth level after
15-3 all actions taken under this chapter.
15-4 Sec. 36.152. DATE OF ELECTION. Any agreement under this
15-5 subchapter must provide for the ordering of an election to be held
15-6 on the same date in each district.
15-7 Sec. 36.153. PROPOSITION. (a) The ballot shall be printed
15-8 to provide for voting for or against the proposition: "Creation of
15-9 a consolidated taxing district composed of the territory of
15-10 _________________________ school districts, and authorizing the
15-11 levy, assessment, and collection of annual ad valorem taxes for the
15-12 maintenance of the public free schools within that taxing district
15-13 at a rate not to exceed $_________ on the $100 valuation of taxable
15-14 property."
15-15 (b) The rate to be included in the proposition shall be
15-16 provided by the agreement among the districts but may not exceed
15-17 the maximum rate provided by law for independent school districts.
15-18 Sec. 36.154. APPROVAL. The proposition is approved only if
15-19 the proposition receives a favorable vote of the majority of the
15-20 votes cast within each participating school district.
15-21 Sec. 36.155. CONSOLIDATED TAXING DISTRICT. A consolidated
15-22 taxing district is a school district established for the limited
15-23 purpose of exercising the taxing power authorized by Article VII,
15-24 Section 3, of the Texas Constitution and distributing the revenue
15-25 to its component school districts.
15-26 Sec. 36.156. GOVERNANCE. (a) The consolidated taxing
15-27 district is governed by the boards of the component school
16-1 districts acting jointly.
16-2 (b) Any action taken by the joint board must receive a
16-3 favorable vote of a majority of each component district's board of
16-4 trustees.
16-5 Sec. 36.157. MAINTENANCE TAX. (a) The joint board shall
16-6 levy a maintenance tax for the benefit of the component school
16-7 districts not later than September 1 of each year or as soon
16-8 thereafter as practicable.
16-9 (b) Each component district shall bear a share of the costs
16-10 of assessing and collecting taxes in proportion to the component
16-11 district's share of weighted average daily attendance in the
16-12 consolidated taxing district.
16-13 (c) A component district may not levy an ad valorem tax for
16-14 the maintenance and operation of the schools.
16-15 (d) Notwithstanding Sections 20.04 and 20.09, the
16-16 consolidated taxing district may levy, assess, and collect a
16-17 maintenance tax for the benefit of the component districts at a
16-18 rate that exceeds $1.50 per $100 valuation of taxable property to
16-19 the extent necessary to pay contracted obligations on the lease
16-20 purchase of permanent improvements to real property entered into on
16-21 or before May 12, 1993. The proposition to impose taxes at the
16-22 necessary rate must be submitted to the voters in the manner
16-23 provided by Section 20.04.
16-24 Sec. 36.158. REVENUE DISTRIBUTION. The consolidated taxing
16-25 district shall distribute maintenance tax revenue to the component
16-26 districts on the basis of the number of weighted students in
16-27 average daily attendance in the component districts.
17-1 Sec. 36.159. TAXES OF COMPONENT DISTRICTS. (a) The
17-2 governing board of a component school district of a consolidated
17-3 taxing district that has consolidated for maintenance and operation
17-4 purposes only may issue bonds and levy, pledge, and collect ad
17-5 valorem taxes within that component district sufficient to pay the
17-6 principal of and interest on those bonds as provided by Chapter 20.
17-7 (b) A component district levying an ad valorem tax under
17-8 this section or Section 36.160(b)(1) is entitled to the guaranteed
17-9 yield provided by Subchapter H, Chapter 16, for that portion of its
17-10 tax rate that, when added to the maintenance tax levied by the
17-11 consolidated taxing unit, does not exceed the limitation provided
17-12 by Section 16.303.
17-13 Sec. 36.160. OPTIONAL TOTAL TAX BASE CONSOLIDATION. (a) An
17-14 agreement executed under Section 36.151 may provide for total tax
17-15 base consolidation instead of consolidation for maintenance and
17-16 operation purposes only.
17-17 (b) Under an agreement providing for total tax base
17-18 consolidation:
17-19 (1) the component districts may not levy maintenance
17-20 or bond taxes, except to the extent necessary to retire bonds and
17-21 other obligations issued before the effective date of the
17-22 consolidation;
17-23 (2) the joint board may issue bonds and levy, pledge,
17-24 and collect ad valorem taxes sufficient to pay the principal of and
17-25 interest on those bonds, and issue refunding bonds, as provided by
17-26 Chapter 20 for independent school districts; and
17-27 (3) to the end of the ballot proposition required
18-1 under Section 36.153(a) shall be added ", and further to create a
18-2 consolidated tax base for the repayment of all bonded indebtedness
18-3 issued by the joint board of the taxing district after the
18-4 effective date of the consolidation and to authorize the joint
18-5 board to levy, pledge, and collect ad valorem taxes at a rate
18-6 sufficient to pay the principal of and interest on those bonds."
18-7 (c) Under an agreement providing for total tax base
18-8 consolidation:
18-9 (1) the component districts may provide for the
18-10 consolidated taxing district to assume all of the indebtedness of
18-11 all component districts; and
18-12 (2) to the end of the ballot proposition required by
18-13 Section 36.153(a) shall be added ", and further to create a
18-14 consolidated tax base for the repayment of all bonded indebtedness
18-15 issued by the joint board of the taxing district or previously
18-16 issued by the component school districts and to authorize the joint
18-17 board to levy, pledge, and collect ad valorem taxes at a rate
18-18 sufficient to pay the principal of and interest on those bonds."
18-19 SUBCHAPTER G. DETACHMENT AND ANNEXATION BY
18-20 COMMISSIONER OF EDUCATION
18-21 Sec. 36.201. DEFINITION. In this subchapter, "mineral
18-22 property" means a real property mineral interest that has been
18-23 severed from the surface estate by a mineral lease creating a
18-24 determinable fee or by a conveyance that creates an interest
18-25 taxable separately from the surface estate. A mineral property
18-26 includes each royalty interest, working interest, or other
18-27 undivided interest in the mineral property.
19-1 Sec. 36.202. DETERMINATION OF TAXABLE VALUE. (a) For
19-2 purposes of this subchapter, the taxable value of an individual
19-3 parcel or other item of property and the total taxable value of
19-4 property in a school district resulting from the detachment of
19-5 property from or annexation of property to that district is
19-6 determined by applying the appraisal ratio for the appropriate
19-7 category of property determined under Section 11.86 for the
19-8 preceding tax year to the taxable value of the detached or annexed
19-9 property determined under Title 1, Tax Code, for the preceding tax
19-10 year.
19-11 (b) For purposes of this subchapter, the taxable value of
19-12 all or a portion of a parcel or item of real property includes the
19-13 taxable value of personal property having taxable situs at the same
19-14 location as the real property.
19-15 Sec. 36.203. PROPERTY SUBJECT TO DETACHMENT AND ANNEXATION.
19-16 (a) Only the following property may be detached and annexed under
19-17 this subchapter:
19-18 (1) a mineral property;
19-19 (2) real property used in the operation of a public
19-20 utility, including a pipeline, pipeline gathering system, or
19-21 railroad or other rail system; and
19-22 (3) real property used primarily for industrial or
19-23 other commercial purposes, other than property used primarily for
19-24 agriculture or for residential purposes.
19-25 (b) If a final judgment of a court determines that a mineral
19-26 interest may not be annexed and detached as provided by this
19-27 subchapter without an attendant annexation and detachment of the
20-1 surface estate or any other interest in the same land, the
20-2 detachment and annexation of a mineral interest under this
20-3 subchapter includes the surface estate and each other interest in
20-4 the land covered by the mineral interest.
20-5 Sec. 36.204. TAXATION OF PERSONAL PROPERTY. Personal
20-6 property having a taxable situs at the same location as real
20-7 property detached and annexed under this subchapter is taxable by
20-8 the school district to which the real property is annexed.
20-9 Sec. 36.205. DETACHMENT OF PROPERTY. (a) The commissioner
20-10 shall detach property under this section from each school district
20-11 from which the commissioner is required under Section 36.004 to
20-12 detach property under this subchapter.
20-13 (b) The commissioner shall detach from each school district
20-14 covered by Subsection (a) one or more whole parcels or items of
20-15 property in descending order of the taxable value of each parcel or
20-16 item, beginning with the parcel or item having the greatest taxable
20-17 value, until the school district's wealth per student is equal to
20-18 or less than the equalized wealth level, except as otherwise
20-19 provided by Subsection (c).
20-20 (c) If the detachment of whole parcels or items of property,
20-21 as provided by Subsection (a) would result in a district's wealth
20-22 per student that is less than the equalized wealth level by more
20-23 than $10,000, the commissioner may not detach the last parcel or
20-24 item of property and shall detach the next one or more parcels or
20-25 items of property in descending order of taxable value that would
20-26 result in the school district having a wealth per student that is
20-27 equal to or less than the equalized wealth level by not more than
21-1 $10,000.
21-2 (d) Notwithstanding Subsections (a)-(c), the commissioner
21-3 may detach only a portion of a parcel or item of property if:
21-4 (1) it is not possible to reduce the district's wealth
21-5 per student to a level that is equal to or less than the equalized
21-6 wealth level under this subchapter unless some or all of the parcel
21-7 or item of property is detached and the detachment of the whole
21-8 parcel or item would result in the district from which it is
21-9 detached having a wealth per student that is less than the
21-10 equalized wealth level by more than $10,000; or
21-11 (2) the commissioner determines that a partial
21-12 detachment of that parcel or item of property is preferable to the
21-13 detachment of one or more other parcels or items having a lower
21-14 taxable value in order to minimize the number of parcels or items
21-15 of property to be detached consistent with the purposes of this
21-16 chapter.
21-17 Sec. 36.206. ANNEXATION OF PROPERTY. (a) The commissioner
21-18 shall annex property detached under Section 36.205 to school
21-19 districts eligible for annexation in accordance with this section.
21-20 A school district is eligible for annexation of property to it
21-21 under this subchapter only if, before any detachments or
21-22 annexations are made in a year, the district's wealth per student
21-23 is less than the greatest level for which funds are provided under
21-24 Subchapter H, Chapter 16.
21-25 (b) Property may be annexed to a school district without
21-26 regard to whether the property is contiguous to other property in
21-27 that district.
22-1 (c) The commissioner shall annex property detached from
22-2 school districts beginning with the property detached from the
22-3 school district with the greatest wealth per student before
22-4 detachment, and continuing with the property detached from each
22-5 other school district in descending order of the district's wealth
22-6 per student before detachment.
22-7 (d) The commissioner shall annex the parcels or items of
22-8 property detached from a school district to other school districts
22-9 that are eligible for annexation of property in descending order of
22-10 the taxable value of each parcel or item according to the following
22-11 priorities:
22-12 (1) first, to the eligible school districts assigned
22-13 to the same county as the school district from which the property
22-14 is detached whose total adopted tax rate for the preceding tax year
22-15 does not exceed by more than $0.15 the total tax rate adopted for
22-16 that year by the school district from which the property is
22-17 detached;
22-18 (2) second, to the eligible school districts served by
22-19 the same Regional Education Service Center as the district from
22-20 which the property is detached whose total adopted tax rate for the
22-21 preceding tax year does not exceed by more than $0.10 the total tax
22-22 rate adopted for that year by the school district from which the
22-23 property is detached; and
22-24 (3) third, to other eligible school districts whose
22-25 total adopted tax rate for the preceding tax year does not exceed
22-26 by more than $0.05 the total tax rate adopted for that year by the
22-27 school district from which the property is detached.
23-1 (e) If the districts identified by Subsection (d) for a
23-2 school district are insufficient to annex all the property detached
23-3 from the school district, the commissioner shall increase, for
23-4 purposes of this section, all the maximum difference in tax rates
23-5 allowed under Subsection (d) in increments of $0.01 until the
23-6 districts are identified that are sufficient to annex all the
23-7 property detached from the district.
23-8 (f) If only one school district is eligible to annex
23-9 property detached from a school district within a priority group
23-10 established by Subsections (d) and (e), the commissioner shall
23-11 annex property to that district until it reaches a wealth per
23-12 student equal as nearly as possible to the greatest level for which
23-13 funds are provided under Subchapter H, Chapter 16, by annexing
23-14 whole parcels or items of property. Any remaining detached
23-15 property shall be annexed to eligible school districts in the next
23-16 priority group as provided by this section.
23-17 (g) If more than one school district is eligible to annex
23-18 property detached from a school district within a priority group
23-19 established by Subsections (d) and (e), the commissioner shall
23-20 first annex property to the district within the priority group to
23-21 which could be annexed the most taxable value of property without
23-22 increasing its wealth per student above the greatest level for
23-23 which funds are provided under Subchapter H, Chapter 16, until that
23-24 district reaches a wealth per student equal as nearly as possible
23-25 to the greatest level for which funds are provided under Subchapter
23-26 H, Chapter 16, by annexing whole parcels or items of property.
23-27 Then any additional detached property shall be annexed in the same
24-1 manner to other eligible school districts in the same priority
24-2 group in descending order of capacity to receive taxable value of
24-3 annexed property without increasing the district's wealth per
24-4 student above the greatest level for which funds are provided under
24-5 Subchapter H, Chapter 16. If every school district in a priority
24-6 group reaches a wealth per student equal to the greatest level for
24-7 which funds are provided under Subchapter H, Chapter 16, as nearly
24-8 as possible, the remaining detached property shall be annexed to
24-9 school districts in the next priority group in the manner provided
24-10 by this section.
24-11 (h) For purposes of this section, a portion of a parcel or
24-12 item of property detached in that subdivided form from a school
24-13 district is treated as a whole parcel or item of property.
24-14 (i) The commissioner may order the annexation of a portion
24-15 of a parcel or item of property, including a portion of property
24-16 treated as a whole parcel or item under Subsection (h), if:
24-17 (1) the annexation of the whole parcel or item would
24-18 result in the district eligible to receive it in the appropriate
24-19 priority order provided by this section having a wealth per student
24-20 greater than $10,000 more than the greatest level for which funds
24-21 are provided under Subchapter H, Chapter 16; or
24-22 (2) the commissioner determines that annexation of
24-23 portions of the parcel or item would reduce disparities in district
24-24 wealth per student more efficiently than would be possible if the
24-25 parcel or item were annexed as a whole.
24-26 (j) The commissioner may modify the priorities established
24-27 by this section as the commissioner considers reasonable to
25-1 minimize or reduce the number of school districts to which the
25-2 property detached from a school district is annexed, to minimize or
25-3 reduce the geographic dispersal of property in a school district,
25-4 to minimize or reduce disparities in school district wealth per
25-5 student that would otherwise result, or to minimize or reduce any
25-6 administrative burden or expense.
25-7 (k) For purposes of this section, a school district is
25-8 assigned to a county if the school district is assigned to that
25-9 county in the 1992-1993 Texas School Directory published by the
25-10 Central Education Agency.
25-11 Sec. 36.207. LIMITATIONS ON DETACHMENT AND ANNEXATION. The
25-12 commissioner may detach and annex property under this subchapter
25-13 only if:
25-14 (1) the property is not exempt from ad valorem
25-15 taxation under Section 11.20 or 11.21, Tax Code; and
25-16 (2) the property does not contain a building or
25-17 structure owned by the United States, this state, or a political
25-18 subdivision of this state that is exempt from ad valorem taxation
25-19 under law.
25-20 Sec. 36.208. ORDERS AND NOTICE. (a) The commissioner shall
25-21 order any detachments and annexations of property under this
25-22 subchapter not later than November 8 of each year.
25-23 (b) As soon as practicable after issuing the order under
25-24 Subsection (a), the commissioner shall notify each affected school
25-25 district and the appraisal district in which the affected property
25-26 is located of the determination.
25-27 Sec. 36.209. TREATMENT OF SUBDIVIDED PROPERTY. (a) If the
26-1 commissioner orders the detachment or annexation of a portion of a
26-2 parcel or item of property under this subchapter, the order shall
26-3 specify the portion of the taxable value of the property to be
26-4 detached or annexed and may, but need not, describe the specific
26-5 area of the parcel or item to be detached or annexed.
26-6 (b) If an order for the detachment or annexation of a
26-7 portion of a parcel or item of property does not describe the
26-8 specific area of the parcel or item to be detached or annexed, the
26-9 commissioner, as soon as practicable after issuing the order, shall
26-10 determine the specific area to be detached or annexed and shall
26-11 certify that determination to the appraisal district for the county
26-12 in which the property is located.
26-13 (c) If portions of a parcel or item of property are located
26-14 in two or more school districts as the result of a detachment or
26-15 annexation, the parcel or item shall be appraised for taxation as a
26-16 unit, and the commissioner shall determine the portion of the
26-17 taxable value of the property that is located in each of those
26-18 school districts based on the square footage of the property, or
26-19 any other reasonable method adopted by the commissioner.
26-20 Sec. 36.210. DUTIES OF CHIEF APPRAISER. (a) The chief
26-21 appraiser of each appraisal district shall cooperate with the
26-22 commissioner in administering this subchapter. The commissioner
26-23 may require the chief appraiser to submit any reports or provide
26-24 any information available to the chief appraiser in the form and at
26-25 the times required by the commissioner.
26-26 (b) As soon as practicable after the detachment and
26-27 annexation of property, the chief appraiser of the appraisal
27-1 district for the school district from which the property is
27-2 detached shall send a written notice of the detachment and
27-3 annexation to the owner of any property taxable in a different
27-4 school district as a result of the detachment and annexation. The
27-5 notice must include the name of the school district by which the
27-6 property is taxable after the detachment and annexation.
27-7 (c) The commissioner may reimburse an appraisal district for
27-8 any costs incurred in administering this subchapter and may
27-9 condition the reimbursement or the amount of the reimbursement on
27-10 the timely submission of reports or information required by the
27-11 commissioner or the satisfactory performance of any other action
27-12 required or requested by the commissioner.
27-13 Sec. 36.211. STUDENT ATTENDANCE. A student who is a
27-14 resident of real property detached from a school district may
27-15 choose to attend school in that district or in the district to
27-16 which the property is annexed. For purposes of determining average
27-17 daily attendance under Section 16.006, the student shall be counted
27-18 in the district to which the property is annexed. If the student
27-19 chooses to attend school in the district from which the property is
27-20 detached, the state shall withhold any foundation school funds from
27-21 the district to which the property is annexed and shall allocate to
27-22 the district in which the student is attending school those funds
27-23 and the amount of funds equal to the difference between the state
27-24 funds the district is receiving for the student and the district's
27-25 cost in educating the student.
27-26 Sec. 36.212. BOND TAXES. Property detached from a school
27-27 district is released from the obligation for any tax to pay
28-1 principal and interest on bonds authorized by the district before
28-2 detachment. The property is subject to any tax to pay principal or
28-3 interest on bonds authorized by the district to which the property
28-4 is annexed whether authorized before or after annexation.
28-5 Sec. 36.213. DETERMINATION BY COMMISSIONER FINAL. A
28-6 decision or determination of the commissioner of education under
28-7 this subchapter is final and not appealable.
28-8 SUBCHAPTER H. CONSOLIDATION BY COMMISSIONER OF EDUCATION
28-9 Sec. 36.251. COMMISSIONER ORDER. If the commissioner of
28-10 education is required under Section 36.004 to order the
28-11 consolidation of districts, the consolidation is governed by this
28-12 subchapter. The commissioner's order shall be effective on a date
28-13 determined by the commissioner, but not later than the earliest
28-14 practicable date after November 8.
28-15 Sec. 36.252. SELECTION CRITERIA. (a) In selecting the
28-16 districts to be consolidated with a district that has a property
28-17 wealth greater than the equalized wealth level, the commissioner
28-18 shall select one or more districts with a wealth per student that,
28-19 when consolidated, will result in a consolidated district with a
28-20 wealth per student equal to or less than the equalized wealth
28-21 level. In achieving that result, the commissioner shall give
28-22 priority to school districts in the following order:
28-23 (1) first, to the contiguous district that has the
28-24 lowest wealth per student and is located in the same county;
28-25 (2) second, to the district that has the lowest wealth
28-26 per student and is located in the same county;
28-27 (3) third, to a contiguous district with a property
29-1 wealth below the equalized wealth level that has requested the
29-2 commissioner that it be considered in a consolidation plan;
29-3 (4) fourth, to include as few districts as possible
29-4 that fall below the equalized wealth level within the consolidation
29-5 order that have not requested the commissioner to be included;
29-6 (5) fifth, to the district that has the lowest wealth
29-7 per student and is located in the same regional education service
29-8 center area; and
29-9 (6) sixth, to a district that has a tax rate similar
29-10 to that of the district that has a property wealth greater than the
29-11 equalized wealth level.
29-12 (b) The commissioner may not select a district that has been
29-13 created as a result of consolidation by agreement under Subchapter
29-14 B to be consolidated under this subchapter with a district that has
29-15 a property wealth greater than the equalized wealth level.
29-16 (c) In applying the selection criteria specified by
29-17 Subsection (a), if more than two districts are to be consolidated,
29-18 the commissioner shall select the third and each subsequent
29-19 district to be consolidated by treating the district that has a
29-20 property wealth greater than the equalized wealth level and the
29-21 district or districts previously selected for consolidation as one
29-22 district.
29-23 Sec. 36.253. GOVERNANCE. (a) Until the initial trustees
29-24 elected as provided by Subsection (b) have qualified and taken
29-25 office, a district consolidated under this subchapter is governed
29-26 by a transitional board of trustees consisting of the board of
29-27 trustees of the district having the greatest student membership on
30-1 the last day of the school year preceding the consolidation plus
30-2 one member of the board of trustees of each other consolidating
30-3 district selected by that board.
30-4 (b) The transitional board of trustees shall divide the
30-5 consolidated district into nine single-member trustee districts in
30-6 accordance with the procedures provided by Section 23.024. The
30-7 transitional board shall order an election for the initial board of
30-8 trustees to be held on the first January uniform election date
30-9 after the effective date of a consolidation order.
30-10 (c) Members of the board of trustees of a consolidated
30-11 district serve staggered terms of office for four years.
30-12 (d) Section 19.058 applies to districts consolidated under
30-13 this subchapter.
30-14 Sec. 36.254. DISSOLUTION OF CONSOLIDATED DISTRICT. (a) If
30-15 the legislature abolishes ad valorem taxes for public school
30-16 maintenance and operations and adopts another method of funding
30-17 public education, the board of trustees of a consolidated district
30-18 created under this subchapter may dissolve the consolidated
30-19 district, provided that the dissolution is approved by a majority
30-20 of those voters residing within the district participating in an
30-21 election called for the purpose of approving the dissolution of the
30-22 consolidated school district.
30-23 (b) If a consolidated district is dissolved, each of the
30-24 former districts is restored as a separate district and is
30-25 classified as an independent district.
30-26 (c) Title to real property of the consolidated district is
30-27 allocated to the restored district in which the property is
31-1 located. Title to proportionate shares of the fund balances and
31-2 personal property of the consolidated district, as determined by
31-3 Subsection (e), are allocated to each restored district.
31-4 (d) Each of the restored districts assumes and is liable
31-5 for:
31-6 (1) indebtedness of the consolidated district that
31-7 relates to real property allocated to the district; and
31-8 (2) a proportionate share, as determined by Subsection
31-9 (e), of indebtedness of the consolidated district that does not
31-10 relate to real property.
31-11 (e) A restored district's proportionate share of fund
31-12 balances, personal property, or indebtedness is equal to the
31-13 proportion that the number of students in average daily attendance
31-14 in the restored district bears to the number of students in average
31-15 daily attendance in the consolidated district.
31-16 Sec. 36.255. FUND BALANCES. Fund balances of a school
31-17 district consolidated under this subchapter may be used only for
31-18 the benefit of the schools within the district that generated the
31-19 funds.
31-20 Sec. 36.256. EMPLOYMENT CONTRACTS. A consolidated district
31-21 created under this subchapter shall honor an employment contract
31-22 entered into by a consolidating district.
31-23 Sec. 36.257. APPLICATION OF SMALL AND SPARSE ADJUSTMENTS AND
31-24 TRANSPORTATION ALLOTMENT. The budget of the consolidated district
31-25 must apply the benefit of the adjustment or allotment to the
31-26 schools of the consolidating district to which Section 16.103,
31-27 16.104, or 16.156 would have applied in the event that the
32-1 consolidated district still qualifies as a small or sparse
32-2 district.
32-3 SECTION 1.02. (a) Subsection (a), Section 18.03, Education
32-4 Code, is amended to read as follows:
32-5 (a) A county-unit system may not be adopted under this
32-6 chapter after May 1, 1993. A system purportedly created after that
32-7 date is dissolved September 1, 1993. This subsection does not
32-8 affect the existence or operation of a county-unit system adopted
32-9 before that date. <Any county in this state may, at an election
32-10 called for that purpose under the provisions of this chapter and to
32-11 the extent herein provided, adopt a county-unit system of education
32-12 for the purpose of levying, assessing, and collecting a school
32-13 equalization tax and for such other administrative purposes as are
32-14 authorized in this chapter.>
32-15 (b) Sections 18.04, 18.21, 18.22, 18.23, 18.24, and 18.31,
32-16 Education Code, are repealed.
32-17 SECTION 1.03. (a) Notwithstanding any provision of Chapter
32-18 36, Education Code, as added by this Act, this section applies to
32-19 actions in 1993 to achieve the equalized wealth level.
32-20 (b) The commissioner shall make the determinations of wealth
32-21 per student not later than August 30, 1993. The commissioner may
32-22 use wealth and weighted student data from the current year or the
32-23 preceding school year for purposes of those determinations. The
32-24 commissioner shall immediately notify each district that exceeds
32-25 the equalized wealth level and each district with which the
32-26 commissioner intends to consolidate that district under Subchapter
32-27 G, Chapter 36, Education Code, as added by this Act.
33-1 (c) Notwithstanding Section 36.006(b), Education Code, as
33-2 added by this Act, if not later than October 19, 1993, a school
33-3 district notified under Section 36.004(a)(1), Education Code, as
33-4 added by this Act, has not exercised one or more options under
33-5 Section 36.003, Education Code, as added by this Act, that reduce
33-6 the district's wealth per student to a level equal to or less than
33-7 the equalized wealth level, the commissioner of education, not
33-8 later than November 8, 1993, shall order detachment of territory as
33-9 provided by Subchapter G, Chapter 36, Education Code, as added by
33-10 this Act. If detachment under that subchapter will not reduce the
33-11 district's wealth per student to a level equal to or less than the
33-12 equalized wealth level, the commissioner of education shall order
33-13 the consolidation of the district with one or more other districts
33-14 as provided by Subchapter H, Chapter 36, Education Code, as added
33-15 by this Act.
33-16 SECTION 1.04. This article takes effect immediately.
33-17 ARTICLE 2
33-18 SECTION 2.01. Chapter 16, Education Code, is reenacted and
33-19 amended to read as follows:
33-20 CHAPTER 16. FOUNDATION SCHOOL PROGRAM
33-21 SUBCHAPTER A. GENERAL PROVISIONS
33-22 Sec. 16.001. State Policy. (a) It is the policy of the
33-23 State of Texas that the provision of public education is a state
33-24 responsibility and that a thorough and efficient system be provided
33-25 and substantially financed through state revenue sources so that
33-26 each student enrolled in the public school system shall have access
33-27 to programs and services that are appropriate to his or her
34-1 educational needs and that are substantially equal to those
34-2 available to any similar student, notwithstanding varying local
34-3 economic factors.
34-4 (b) The public school finance system of the State of Texas
34-5 shall adhere to a standard of neutrality which provides for
34-6 substantially equal access to similar revenue per student at
34-7 similar tax effort, considering all state and local tax revenues of
34-8 districts after acknowledging all legitimate student and district
34-9 cost differences.
34-10 Sec. 16.002. Purpose of Foundation School Program. (a) The
34-11 purposes of the Foundation School Program set forth in this chapter
34-12 are to guarantee that each school district in the state has:
34-13 (1) adequate resources to provide each eligible
34-14 student a basic instructional program and facilities suitable to
34-15 the student's educational needs; and
34-16 (2) access to a substantially equalized program of
34-17 financing in excess of basic costs for certain services, as
34-18 provided by this chapter.
34-19 (b) The Foundation School Program consists of two tiers to
34-20 provide for the purposes specified by Subsection (a) of this
34-21 section. The first tier guarantees sufficient financing for all
34-22 school districts to provide a basic program of education that meets
34-23 accreditation and other legal standards. The second tier provides
34-24 a guaranteed yield system of financing to provide all school
34-25 districts with substantially equal access to funds to provide an
34-26 enriched program and additional funds for facilities.
34-27 Sec. 16.003. Student Eligibility. (a) A student is
35-1 entitled to the benefits of the Foundation School Program if he is
35-2 5 years of age or older and under 21 years of age at the beginning
35-3 of the scholastic year and has not graduated from high school.
35-4 (b) A student to whom Subsection (a) of this section does
35-5 not apply is entitled to the benefits of the Foundation School
35-6 Program if the student is enrolled in a prekindergarten class under
35-7 Section 21.136 of this code.
35-8 (c) The commissioner of education, in consultation with the
35-9 Commissioner of Human Services, shall monitor and evaluate
35-10 prekindergarten programs in the State of Texas as to their
35-11 developmental appropriateness. Furthermore, the commissioner of
35-12 education, in consultation with the Commissioner of Human Services,
35-13 shall evaluate the potential for coordination on a statewide basis
35-14 of prekindergarten programs with government-funded early childhood
35-15 care and education programs such as child care administered under
35-16 Chapter 44 of the Human Resources Code and federal Head Start
35-17 programs. This evaluation shall utilize recommendations contained
35-18 in the report to the 71st Legislature required by Chapter 717, Acts
35-19 of the 70th Legislature, Regular Session, 1987. For the purpose of
35-20 providing cost-effective care for children during the full work day
35-21 with developmentally appropriate curriculum, the commissioners
35-22 shall investigate the use of existing child care program sites as
35-23 prekindergarten sites. Following the evaluation required by this
35-24 section, the commissioners, in cooperation with school districts
35-25 and other program administrators, shall integrate programs, staff,
35-26 and program sites for prekindergarten, child care, and federal Head
35-27 Start programs to the greatest extent possible.
36-1 (d) A child may be enrolled in the first grade if he is at
36-2 least six years of age at the beginning of the scholastic year or
36-3 has been enrolled in the first grade or has completed kindergarten
36-4 in the public schools in another state prior to transferring to a
36-5 Texas public school.
36-6 Sec. 16.005. Administration of the Program. The
36-7 commissioner of education, in accordance with the rules of the
36-8 State Board of Education, shall take such action and require such
36-9 reports consistent with the terms of this chapter as may be
36-10 necessary to implement and administer the Foundation School
36-11 Program.
36-12 Sec. 16.006. Average Daily Attendance. (a) In this
36-13 chapter:
36-14 (1) for the 1993-1994 and 1994-1995 school years,
36-15 average daily attendance is determined by the daily attendance as
36-16 averaged each month of the minimum school year as described under
36-17 Section 16.052(a); and
36-18 (2) for the 1995-1996 school year and each year
36-19 thereafter, average daily attendance is the quotient of the sum of
36-20 attendance for each day of the minimum school year as described
36-21 under Section 16.052(a) and for each day approved by the
36-22 commissioner of education for an extended year program under
36-23 Section 21.562 divided by the number of days in the minimum school
36-24 year <of this code>.
36-25 (b) A school district that experiences a decline of two
36-26 percent or more in average daily attendance as a result of the
36-27 closing or reduction in personnel of a military base shall be
37-1 funded on the basis of the actual average daily attendance of the
37-2 immediately preceding school year.
37-3 (c) The commissioner of education shall adjust the average
37-4 daily attendance of school districts that have a significant
37-5 percentage of students whose parent or guardian is a migrant
37-6 worker. For the purposes of this subsection, "migrant worker" has
37-7 the meaning assigned by Section 35.029 <21.5515> of this code.
37-8 (d) The commissioner may adjust the average daily attendance
37-9 of a school district in which a disaster, flood, extreme weather
37-10 condition, fuel curtailment, or other calamity has a significant
37-11 effect on the district's attendance.
37-12 Sec. 16.007. Public Education Information Management System
37-13 (PEIMS). (a) Each school district <and each county education
37-14 district> shall participate in the Public Education Information
37-15 Management System (PEIMS) and shall provide through that system
37-16 information required for the administration of this chapter and of
37-17 other appropriate provisions of this code.
37-18 (b) Each school district shall use a uniform accounting
37-19 system adopted by the commissioner of education for the data
37-20 required to be reported for the Public Education Information
37-21 Management System.
37-22 (c) Annually, the commissioner of education shall review the
37-23 Public Education Information Management System and shall repeal or
37-24 amend rules that require school districts to provide information
37-25 through the Public Education Information Management System that is
37-26 not necessary or useful. In reviewing and revising the Public
37-27 Education Information Management System, the commissioner shall
38-1 develop rules to ensure that the system provides useful, accurate,
38-2 and timely information on student demographics and academic
38-3 performance, personnel, and school district finances. <The Central
38-4 Education Agency shall report annually to the Legislative Education
38-5 Board the financial status of each county education district. The
38-6 report shall include the total state and local education revenues
38-7 for each tier of the Foundation School Program.>
38-8 Sec. 16.008. EQUALIZED FUNDING ELEMENTS. (a) The
38-9 Legislative Education Board shall adopt rules, subject to
38-10 appropriate notice and opportunity for public comment, for the
38-11 calculation for each year of a biennium of the qualified funding
38-12 elements under Section 16.256(e) of this code necessary to achieve
38-13 the state policy under Section 16.001 of this code not later than
38-14 the 1994-1995 school year and for each school year thereafter.
38-15 (b) Not <Beginning in 1992, not> later than October 1
38-16 preceding each regular session of the legislature, the board shall
38-17 report the equalized funding elements to the foundation school fund
38-18 budget committee, the commissioner of education, and the
38-19 legislature.
38-20 <Sec. 16.009. REVENUE LIMIT. (a) The revenue limit is an
38-21 amount equal to 110 percent of the amount of state and local funds
38-22 guaranteed under the Foundation School Program per student in
38-23 weighted average daily attendance to each school district at a
38-24 total tax rate of $0.25 per $100 of taxable value of property as
38-25 calculated for the 1994-1995 school year.>
38-26 <(b) Not later than April 15, the commissioner of education
38-27 shall estimate the revenue limit for each school district for the
39-1 current school year and shall certify that amount to each school
39-2 district.>
39-3 <(c) Not later than August 15 of each year the commissioner
39-4 of education shall determine as nearly as possible for the current
39-5 school year:>
39-6 <(1) the total amount of state and local funds per
39-7 student in weighted average daily attendance available in each
39-8 school district; and>
39-9 <(2) the total amount of state and local funds per
39-10 student in weighted average daily attendance required for debt
39-11 service in each school district.>
39-12 <(d) The commissioner shall determine the total number of
39-13 students in weighted average daily attendance in school districts
39-14 in which the amount specified in Subsection (c)(1) of this section,
39-15 less the amount specified in Subsection (c)(2) of this section,
39-16 exceeds the revenue limit.>
39-17 <(e) If the total number of students in weighted average
39-18 daily attendance in districts with state and local revenues
39-19 exceeding the revenue limit equals or exceeds two percent of the
39-20 total number of students in weighted average daily attendance for
39-21 the current school year, no school district may levy a tax at a
39-22 rate that would result in an amount of state and local funds,
39-23 excluding funds required for debt service, during the next school
39-24 year that exceeds the revenue limit, except that those districts
39-25 exceeding the revenue limit may maintain during the next school
39-26 year the total amount of state and local funds per student in
39-27 weighted average daily attendance for the current school year. The
40-1 commissioner shall notify those districts in which revenues are
40-2 subject to the limitation imposed in this subsection.>
40-3 <(f) In this section:>
40-4 <(1) "Weighted student in average daily attendance"
40-5 has the meaning assigned in Section 16.302 of this code.>
40-6 <(2) "Taxable value of property" has the meaning
40-7 assigned in Section 11.86 of this code.>
40-8 <Sec. 16.010. DEFINITION. In this chapter, "school
40-9 district" does not include a county education district unless
40-10 expressly included.>
40-11 <Sec. 16.011. NOTICE OF YIELDS TO BE PUBLISHED. (a) Not
40-12 earlier than the 30th day or later than the seventh day before the
40-13 date of adopting a tax rate for the years 1991, 1992, 1993, and
40-14 1994, a school district shall publish the following notice, using
40-15 the yields and tax rates certified by the commissioner:>
40-16 <"NOTICE OF COMPARABLE TAX RATES AND REVENUES>
40-17 <"The legislature has enacted a statute on school funding to
40-18 comply with a court mandate enforcing the state constitution.
40-19 Under prior statutes, the tax rate for last year provides _____ per
40-20 student in state and local revenues. Under this statute, that same
40-21 rate now provides _____ per student in state and local revenues.>
40-22 <"State law only requires a minimum tax rate of _____ for
40-23 county education districts. State law does not require a school
40-24 district to adopt additional taxes. Neither does state law require
40-25 a school district to adopt a tax rate that maximizes the receipt of
40-26 state funds.>
40-27 <"The board of trustees of the _____ School District hereby
41-1 gives notice that it is considering the adoption of a tax rate of
41-2 _____ that will provide _____ per student in state and local
41-3 revenues.">
41-4 <(b) If a district is required to give public notice of a
41-5 hearing under Section 26.06, Tax Code, the notice described by
41-6 Subsection (a) of this section may be included in the required
41-7 notice under Section 26.06, Tax Code.>
41-8 <(c) The notice described by Subsection (a) of this section
41-9 shall be published in the two newspapers with the largest
41-10 circulation within the school district unless only one newspaper is
41-11 in general circulation within the district. The notice may not be
41-12 smaller than one-quarter page of a standard-size or a tabloid-size
41-13 newspaper, and the headline must be 18-point or larger type.>
41-14 <(d) The notice described by Subsection (a) of this section
41-15 must also be included in the tax bill or a separate statement
41-16 accompanying the tax bill.>
41-17 <(e) The commissioner shall adopt rules to implement this
41-18 section.>
41-19 <(f) This section expires January 1, 1995.>
41-20 SUBCHAPTER B. REQUIREMENTS FOR DISTRICT PARTICIPATION IN THE
41-21 FOUNDATION SCHOOL PROGRAM FUND
41-22 Sec. 16.051. Required Compliance. In order to receive
41-23 financial support from the Foundation School Fund, a school
41-24 district must comply with the standards set forth in this
41-25 subchapter.
41-26 Sec. 16.052. Operation of Schools; Teacher Preparation and
41-27 Staff Development. (a) Each school district must provide for not
42-1 less than 180 days of instruction for students and not less than
42-2 three days of preparation for teachers for each school year, except
42-3 as provided in Subsection (c) of this section.
42-4 (b) Each school district must provide for not less than 20
42-5 hours of staff development training under guidelines provided by
42-6 the commissioner of education. The training provided must include
42-7 technology training and must occur during regular hours of required
42-8 teacher service. On the request of a teacher, a school district
42-9 may credit the teacher compensatory time to be applied toward the
42-10 number of training hours required under this subsection for
42-11 workshops, conferences, or other professional training that the
42-12 teacher has attended.
42-13 (c) The commissioner of education may approve the operation
42-14 of schools for less than the number of days of instruction and
42-15 teacher preparation otherwise required when disasters, floods,
42-16 extreme weather conditions, fuel curtailments, or other calamities
42-17 have caused the closing of the school.
42-18 (d) Each school district may reserve three hours of the
42-19 first preparation day provided each school year under Subsection
42-20 (a) of this section for faculty staff meetings.
42-21 (e) The staff development required by this section must be
42-22 predominantly campus-based, for the purpose of improving student
42-23 achievement, and planned with the involvement of the campus school
42-24 committee established under Section 21.931 of this code. Campus
42-25 staff development may include activities that enable the campus
42-26 staff to plan together, to enhance existing skills, to share
42-27 effective strategies, to reflect on curricular and instructional
43-1 issues, to analyze student achievement results, to reflect on means
43-2 of increasing student achievement, to study research, to practice
43-3 new methods, to identify students' strengths and needs, to develop
43-4 meaningful programs for students, to appropriately implement
43-5 site-based decision making, and to conduct action research. Staff
43-6 development activities may include study teams, individual
43-7 research, peer coaching, workshops, seminars, conferences, and
43-8 other reasonable activities that have the potential to improve
43-9 student achievement.
43-10 Sec. 16.053. ACCREDITATION. Each school district must be
43-11 accredited by the Central Education Agency.
43-12 Sec. 16.054. Student/Teacher Ratios; Class Size.
43-13 (a) Except as provided by Subsection (b) of this section, each
43-14 school district must employ a sufficient number of certified
43-15 teachers to maintain an average ratio of not less than one teacher
43-16 for each 20 students in average daily attendance.
43-17 (b) A school district may not enroll more than 22 students
43-18 in a kindergarten, first, second, third, or fourth grade class.
43-19 This requirement shall not apply during the last 12 weeks of any
43-20 school year.
43-21 (c) In determining the number of students to enroll in any
43-22 class, a district shall consider the subject to be taught, the
43-23 teaching methodology to be used, and any need for individual
43-24 instruction.
43-25 (d) On application of a school district, the commissioner
43-26 may except the district from the limits in Subsection (b) of this
43-27 section if the commissioner finds the limits work an undue hardship
44-1 on the district. An exception expires at the end of the semester
44-2 for which it is granted, and the commissioner may not grant an
44-3 exception for more than one semester at a time.
44-4 (e) The commissioner shall report to the legislature each
44-5 biennium regarding compliance with this section. The report must
44-6 include:
44-7 (1) a statement of the number of school districts
44-8 granted an exception under Subsection (d) of this section; and
44-9 (2) an estimate of the total cost incurred by school
44-10 districts in that biennium in complying with this section.
44-11 Sec. 16.055. Compensation of Professional and
44-12 Paraprofessional Personnel. (a) A school district must pay each
44-13 employee who is qualified for and employed in a position classified
44-14 under the Texas Public Education Compensation Plan set forth in
44-15 Section 16.056 of this chapter not less than the minimum monthly
44-16 base salary, plus increments for teaching experience, specified for
44-17 the position.
44-18 (b) Contracts for personnel shall be made on the basis of a
44-19 minimum of 10 months' service, which must include the number of
44-20 days of instruction for students and days of preparation for
44-21 personnel required by Section 16.052 of this code. The days of
44-22 preparation required herein shall be conducted by local boards of
44-23 education under rules and regulations established by the State
44-24 Board of Education that are consistent with the state accreditation
44-25 standards for program planning, preparation, and improvement.
44-26 Personnel employed for more than 10 months shall be paid not less
44-27 than the minimum monthly base pay plus increments for experience
45-1 for each month of actual employment. Personnel employed for 11
45-2 months at pay grades 1-11 must render 202 days of service, and
45-3 personnel employed for 12 months at pay grades 1-11 must render 220
45-4 days of service. Personnel employed for 11 months at pay grades
45-5 12-18 must render 207 days of service, and personnel employed for
45-6 12 months at pay grades 12-18 must render 226 days of service.
45-7 However, the number of days of service required by this subsection
45-8 may be reduced by the commissioner under Section 16.052(c) of this
45-9 code, and the reduction shall not reduce the total salaries of
45-10 personnel.
45-11 (c) Notwithstanding Subsection (b) of this section, a
45-12 vocational agriculture teacher employed for 12 months shall render
45-13 226 days of service regardless of pay grade.
45-14 Sec. 16.056. Texas Public Education Compensation Plan.
45-15 (a) School district personnel who are qualified for and employed
45-16 in positions described in Subsection (d) of this section shall be
45-17 paid not less than the monthly base salary, plus increments for
45-18 teaching experience, set forth in Subsection (c) of this section,
45-19 or greater amounts provided by appropriation.
45-20 (b) Each individual shall advance one step per each year of
45-21 experience until step 10 is reached. For each year, up to a
45-22 maximum of two years, of work experience required for certification
45-23 in a vocational field, a vocational teacher who is certified in
45-24 that field is entitled to salary step credit as if the work
45-25 experience were teaching experience.
45-26 (c) SALARY SCHEDULE BY STEPS
45-27 0 1 2 3 4 5 6 7 8 9 10
46-1 1700 1814 1928 2042 2156 2270 2384 2498 2612 2726 2840
46-2 (d) The following positions are entitled to the minimum
46-3 monthly salary set by Subsection (c) of this section for the number
46-4 of annual contract months specified:
46-5 No.
46-6 Months Paid Class Title
46-7 10 Nurse, R.N. and/or
46-8 Bachelor's Degree
46-9 10 Special Education Related
46-10 Service Personnel (other
46-11 than Occupational or
46-12 Physical Therapist),
46-13 Bachelor's Degree
46-14 10 Teacher, Bachelor's Degree
46-15 10 Vocational Teacher,
46-16 11 Bachelor's Degree and/or
46-17 12 Certified in Field
46-18 10 Librarian I, Bachelor's
46-19 Degree
46-20 10 Visiting Teacher I,
46-21 Psychological Associate,
46-22 Bachelor's Degree
46-23 10 Special Education Related
46-24 Service Personnel (other
46-25 than Occupational or
46-26 Physical Therapist),
46-27 Master's Degree
47-1 10 Teacher, Master's Degree
47-2 10 Vocational Teacher,
47-3 11 Master's Degree
47-4 12
47-5 10 Librarian II, Master's
47-6 Degree
47-7 10 Physician, M.D.
47-8 10 Teacher, Bachelor of Laws
47-9 or Doctor of Jurispru-
47-10 dence Degree
47-11 10 Teacher, Doctor's Degree
47-12 10 Special Duty Teacher,
47-13 Master's Degree
47-14 10 Occupational Therapist
47-15 10 Physical Therapist
47-16 10 Educational Diagnostician
47-17 10 Visiting Teacher II,
47-18 Master's Degree
47-19 10 Counselor I, Psychologist
47-20 10 School Social Worker
47-21 10 Supervisor I
47-22 10 Part-time Principal--11 or
47-23 fewer teachers on campus
47-24 10 Instructional/Administra-
47-25 tive Officer I
47-26 10 Assistant Principal--20 or
47-27 more teachers on campus
48-1 10 Instructional/Administra-
48-2 tive Officer II
48-3 11 Principal--19 or fewer
48-4 teachers on campus
48-5 10 Instructional/Administra-
48-6 tive Officer III
48-7 11 Principal--20-49 teachers
48-8 on campus
48-9 11 Instructional/Administra-
48-10 tive Officer IV
48-11 11 Principal--50-99 teachers
48-12 on campus
48-13 12 Principal--100 or more
48-14 teachers on campus
48-15 12 Instructional/Administra-
48-16 tive Officer V
48-17 12 Instructional/Administra-
48-18 tive Officer VI
48-19 12 Superintendent--District
48-20 with 3,000
48-21 or less ADA
48-22 12 Instructional/Administra-
48-23 tive Officer VII
48-24 12 Superintendent--District
48-25 with 3,001-12,500 ADA
48-26 12 Instructional/Administra-
48-27 tive Officer VIII
49-1 12 Superintendent--District
49-2 with 12,501-50,000 ADA
49-3 12 Superintendent--District
49-4 with 50,000 or more ADA
49-5 (e) With the approval of the State Board of Education, the
49-6 commissioner of education may add additional positions and months
49-7 of service to the Texas Public Education Compensation Plan to
49-8 reflect curriculum and program changes authorized by law. With the
49-9 approval of the board, the commissioner shall also develop policies
49-10 for the implementation and administration of the compensation plan.
49-11 (f) Each person employed in the public schools of this state
49-12 who is an educational aide, teacher trainee, or nondegree teacher
49-13 or who is assigned to a position classified under the Texas Public
49-14 Education Compensation Plan must be certified according to the
49-15 certification requirements or standards for each position as
49-16 established by rule adopted by the State Board of Education.
49-17 However, additional certification may not be required of a person
49-18 holding a valid state license as a speech language pathologist or
49-19 audiologist. Persons other than those holding such a license may
49-20 only be employed to render such services if an acceptable licensed
49-21 applicant is not available.
49-22 (g) The State Board of Education shall prescribe the general
49-23 duties and required preparation and education for educational
49-24 aides, teacher trainees, and nondegree teachers and for the
49-25 positions listed in Subsection (d) of this section under the
49-26 circumstances described therein.
49-27 (h) In determining the placement of a teacher on the salary
50-1 schedule under Subsection (c) of this section, a district shall
50-2 credit the teacher for each year of experience, whether or not the
50-3 years are consecutive. Notwithstanding the provision of this
50-4 subsection, no teacher shall be placed on the salary schedule at a
50-5 step above the step where the teacher would have been placed had
50-6 that teacher remained in continuous service.
50-7 <Sec. 16.057. ><Career Ladder Salary Supplement><. (a) Except
50-8 as provided by Subsection (c) of this section, each teacher on
50-9 level two, three, or four of a career ladder is entitled to the
50-10 following annual supplement in addition to the minimum salary set
50-11 by this subchapter:>
50-12 <Level 2 ............. $2,000>
50-13 <Level 3 ............. $4,000>
50-14 <Level 4 ............. $6,000>
50-15 <(b) If the district pays more than the state minimum salary
50-16 prescribed by this subchapter, the teacher is entitled to the
50-17 career ladder supplement in addition to the amount otherwise paid
50-18 by the district for the teacher's step.>
50-19 <(c) If the allotment under Section 16.158 of this code that
50-20 is designated for support of the career ladder will not fully fund
50-21 the supplements under this section:>
50-22 <(1) the district may reduce the supplements to not
50-23 less than the following:>
50-24 <Level 2 ............. $1,500>
50-25 <Level 3 ............. $3,000>
50-26 <Level 4 ............. $4,500>
50-27 <or;>
51-1 <(2) provide for stricter performance criteria than
51-2 that provided under Section 13.302 of this code, subject to the
51-3 approval of the State Board of Education; or>
51-4 <(3) take action under both Subdivisions (1) and (2)
51-5 of this subsection.>
51-6 SUBCHAPTER C. BASIC ENTITLEMENT
51-7 Sec. 16.101. Basic Allotment. For each student in average
51-8 daily attendance, not including the time students spend each day in
51-9 special education programs in an instructional arrangement other
51-10 than mainstream or vocational education programs, for which an
51-11 additional allotment is made under Subchapter D of this chapter, a
51-12 district is entitled to an allotment of $2,300 <$2,200 for the
51-13 1991-1992 school year, $2,400 for the 1992-1993 school year, $2,600
51-14 for the 1993-1994 school year, and $2,800 for the 1994-1995 school
51-15 year and thereafter> or a greater amount adopted by the foundation
51-16 school fund budget committee under Section 16.256 of this code <for
51-17 the 1993-1994 school year and each school year thereafter>. A
51-18 greater amount for any school year may be provided by
51-19 appropriation.
51-20 Sec. 16.102. Cost of Education Adjustment. (a) The basic
51-21 allotment for each district is adjusted to reflect the geographic
51-22 variation in known resource costs and costs of education due to
51-23 factors beyond the control of the school district. <Except as
51-24 provided by this section, the adjustment is that provided under
51-25 Section 16.206 of this code.>
51-26 (b) The adjustment for the 1993-1994 and 1994-1995
51-27 <1991-1992 and 1992-1993> school years is the cost of education
52-1 index and formula adopted in December 1990 by the foundation school
52-2 fund budget committee. The <For the 1991-1992 and 1992-1993 school
52-3 years, the> commissioner of education shall recalculate the cost of
52-4 education index for school districts that are eligible for the
52-5 adjustment under Section 16.103 of this code, excluding from the
52-6 computation the calculation for the diseconomies of scale component
52-7 and substituting a value of 1.00. Beginning with the 1995-1996
52-8 school year, the foundation school fund budget committee shall
52-9 determine the cost of education adjustment under Section 16.256.
52-10 <This subsection expires September 1, 1993.>
52-11 Sec. 16.103. SMALL DISTRICT ADJUSTMENT. (a) The basic
52-12 allotment for certain small districts is adjusted in
52-13 accordance with Subsections (b) and (c) of this section. In this
52-14 section:
52-15 (1) "AA" is the district's adjusted allotment per
52-16 student;
52-17 (2) "ADA" is the number of students in average daily
52-18 attendance for which the district is entitled to an allotment under
52-19 Section 16.101 of this code; and
52-20 (3) "ABA" is the adjusted basic allotment determined
52-21 under Section 16.102 of this code.
52-22 (b) The basic allotment <average daily attendance> of a
52-23 school district that contains at least 300 square miles and has not
52-24 more than 1,600 students in average daily attendance is adjusted by
52-25 applying the formula:
52-26 (c) The basic allotment <average daily attendance> of a
52-27 school district that contains less than 300 square miles and has
53-1 not more than 1,600 students in average daily attendance is
53-2 adjusted by applying the formula:
53-3 <(e) This section expires September 1, 1993.>
53-4 Sec. 16.1031. USE OF SMALL DISTRICT ADJUSTMENT IN
53-5 CALCULATING SPECIAL ALLOTMENTS. In determining the amount of a
53-6 special allotment under Subchapter D of this chapter for a district
53-7 to which Section 16.103 of this code applies, a district's adjusted
53-8 basic allotment is considered to be the district's adjusted
53-9 allotment determined under Section 16.103. <This section expires
53-10 September 1, 1993.>
53-11 Sec. 16.104. Sparsity Adjustment. Notwithstanding Sections
53-12 16.101, 16.102, and 16.103 of this code, a school district that has
53-13 fewer than 130 students in average daily attendance shall be
53-14 provided an adjusted basic allotment on the basis of 130 average
53-15 daily attendance if it offers a kindergarten through grade 12
53-16 program and has prior or current year's average daily attendance of
53-17 at least 90 students or is 30 miles or more by bus route from the
53-18 nearest high school district. A district offering a kindergarten
53-19 through grade 8 program whose prior or current year's average daily
53-20 attendance was at least 50 students or which is 30 miles or more by
53-21 bus route from the nearest high school district shall be provided
53-22 an adjusted basic allotment on the basis of 75 average daily
53-23 attendance. An average daily attendance of 60 students shall be
53-24 the basis of providing the adjusted basic allotment if a district
53-25 offers a kindergarten through grade 6 program and has prior or
53-26 current year's average daily attendance of at least 40 students or
53-27 is 30 miles or more by bus route from the nearest high school
54-1 district. <This section expires September 1, 1993.>
54-2 SUBCHAPTER D. SPECIAL ALLOTMENTS
54-3 Sec. 16.151. Special Education. (a) For each student in
54-4 average daily attendance in a special education program under
54-5 Subchapter N, Chapter 21, in a mainstream instructional
54-6 arrangement, a school district is entitled to an annual allotment
54-7 equal to the adjusted basic allotment multiplied by 1.1. For each
54-8 full-time equivalent student in average daily attendance in a
54-9 special education program under Subchapter N, Chapter 21, of this
54-10 code, in an instructional arrangement other than a mainstream
54-11 instructional arrangement, a district is entitled to an annual
54-12 allotment equal to the adjusted basic allotment multiplied by a
54-13 weight determined according to instructional arrangement as
54-14 follows:
54-15 Homebound ................................... 5.0
54-16 Hospital class ........................ 3.0 <5.0>
54-17 Speech therapy ....................... 5.0 <7.11>
54-18 Resource room ......................... 3.0 <2.7>
54-19 Self-contained, mild and moderate,
54-20 regular campus ........................ 3.0 <2.3>
54-21 Self-contained, severe, regular
54-22 campus ................................ 3.0 <3.5>
54-23 Self-contained, separate campus ............. 2.7
54-24 Multidistrict class ................... 2.7 <3.5>
54-25 Nonpublic day school .................. 1.7 <3.5>
54-26 Vocational adjustment class ................. 2.3
54-27 Community class ....................... 2.7 <3.5>
55-1 <Mainstream ............................... 0.25>
55-2 (b) A special instructional arrangement for handicapped
55-3 students residing in care and treatment facilities, other than
55-4 state schools, whose parents or guardians do not reside in the
55-5 district providing education services shall be established under
55-6 the rules of the State Board of Education. The funding weight for
55-7 this arrangement shall be 4.0 <5.0> for those students who receive
55-8 their education service on a local school district campus. A
55-9 special instructional arrangement for handicapped students residing
55-10 in state schools shall be established under the rules of the State
55-11 Board of Education with a funding weight of 2.8 <5.0>.
55-12 (c) Beginning with the 1995-1996 school year, the
55-13 self-contained, separate campus; multidistrict class; and community
55-14 class instructional arrangements shall be combined into a single
55-15 instructional arrangement known as the off home campus
55-16 instructional arrangement. For funding purposes, the number of
55-17 contact hours credited per day for each student in the off home
55-18 campus instructional arrangement may not exceed the contact hours
55-19 credited per day for the multidistrict class instructional
55-20 arrangement in the 1992-1993 school year.
55-21 (d) Beginning with the 1995-1996 school year, for funding
55-22 purposes the contact hours credited per day for each student in the
55-23 resource room; self-contained, mild and moderate; and
55-24 self-contained, severe, instructional arrangements may not exceed
55-25 the average of the statewide total contact hours credited per day
55-26 for those three instructional arrangements in the 1992-1993 school
55-27 year.
56-1 (e) The State Board of Education by rule shall prescribe the
56-2 qualifications an instructional arrangement must meet in order to
56-3 be funded as a particular instructional arrangement under this
56-4 section. In prescribing the qualifications that a mainstream
56-5 instructional arrangement must meet, the board shall establish
56-6 requirements that students with disabilities and their teachers
56-7 receive the direct, indirect, and support services that are
56-8 necessary to enrich the regular classroom and enable student
56-9 success.
56-10 (f) In this section, "full-time equivalent student" means 30
56-11 hours of contact a week between a special education student and
56-12 special education program personnel.
56-13 (g) The State Board of Education shall adopt rules and
56-14 procedures governing contracts for residential placement of special
56-15 education students. The legislature shall provide by appropriation
56-16 for the state's share of the costs of those placements.
56-17 (h) Funds allocated under this section, other than an
56-18 indirect cost allotment established under State Board of Education
56-19 rule, must be used in the special education program under
56-20 Subchapter N, Chapter 21, of this code.
56-21 (i) In the determination of instructional arrangements for
56-22 students in residential instructional arrangements, the State Board
56-23 of Education shall develop arrangements that encourage placement of
56-24 students in the least restrictive environment appropriate for their
56-25 educational needs.
56-26 (j) The Central Education Agency shall encourage the
56-27 placement of students in special education programs in the least
57-1 restrictive environment appropriate for their educational needs.
57-2 <The Central Education Agency shall provide transitional support
57-3 for the movement of students from self-contained severe (totally
57-4 self-contained) to self-contained mild and moderate (partially
57-5 self-contained) instructional arrangements. For each student
57-6 placed in a partially self-contained classroom who was placed in a
57-7 totally self-contained classroom for at least two-thirds of the
57-8 prior year, a district will receive $2,500. This payment must be
57-9 used to facilitate the placement of the student in the less
57-10 restrictive environment (partially self-contained classroom). A
57-11 district may not receive more than one support payment for any
57-12 individual student. This support payment shall be forfeited by the
57-13 district if the student is returned to the totally self-contained
57-14 classroom instructional arrangement within one month of placement
57-15 into the partially self-contained classroom or within one year of
57-16 initial reclassification without adequate justification.>
57-17 (k) A school district that maintains for two successive
57-18 years a ratio of full-time equivalent students placed in partially
57-19 or totally self-contained classrooms to the number of full-time
57-20 equivalent students placed in resource room or mainstream
57-21 instructional arrangements <partially self-contained classrooms>
57-22 that is 25 percent higher than the statewide average ratio shall be
57-23 reviewed by the Central Education Agency to determine the
57-24 appropriateness of student placement. The commissioner of
57-25 education may reduce the special education allotment the district
57-26 receives to the level to which the district would be entitled if
57-27 the district's ratio was not more than 25 percent higher than the
58-1 statewide average ratio. <To the extent that there are net cost
58-2 savings to the state resulting from the movement of students from
58-3 totally self-contained to partially self-contained, as provided in
58-4 Subsection (j) of this section, those net savings will be directed
58-5 to regional education service centers to provide technical
58-6 assistance in accordance with Section 11.33(c) of this code
58-7 regarding the movement of students to less restrictive environments
58-8 to those school districts whose ratio of full-time equivalent
58-9 students placed in totally self-contained classrooms is 25 percent
58-10 higher than the statewide average.>
58-11 (l) A school district that provides an extended year program
58-12 required by federal law for special education students who may
58-13 regress is entitled to receive funds in an amount equal to 75
58-14 percent, or a lesser percentage determined by the commissioner of
58-15 education, of the adjusted basic allotment or adjusted allotment,
58-16 as applicable, for each full-time equivalent student in average
58-17 daily attendance, multiplied by the amount designated for the
58-18 student's instructional arrangement under this section, for each
58-19 day the program is provided divided by the number of days in the
58-20 minimum school year. The total amount of state funding for
58-21 extended year services under this section may not exceed $10
58-22 million per year. A school district may use funds received under
58-23 this section only in providing an extended year program <student in
58-24 a mainstream instructional arrangement who is not also in another
58-25 instructional arrangement as provided in Subsection (a) of this
58-26 section is provided the support necessary for the student to remain
58-27 in the regular classroom. This support may include related
59-1 services as defined in Section 21.502 of this code, special
59-2 teaching, or other special education support services while in the
59-3 regular classroom>.
59-4 (m) From the total amount of funds appropriated for special
59-5 education under this section, the commissioner of education shall
59-6 withhold an amount specified in the General Appropriations Act,
59-7 which for the 1994-1995 biennium may not exceed $2 million, and
59-8 distribute that amount to school districts for programs under
59-9 Section 21.513. The program established under that section is
59-10 required only in school districts in which the program is financed
59-11 by funds distributed under this section and any other funds
59-12 available for the program. After deducting the amount withheld
59-13 under this subsection from the total amount appropriated for
59-14 special education, the commissioner of education shall reduce each
59-15 district's allotment proportionately and shall allocate funds to
59-16 each district accordingly.
59-17 Sec. 16.152. Compensatory Education Allotment. (a) For
59-18 each student who is educationally disadvantaged or who is a
59-19 nonhandicapped student residing in a residential placement facility
59-20 in a district in which the student's parent or legal guardian does
59-21 not reside, a district is entitled to an annual allotment equal to
59-22 the adjusted basic allotment multiplied by 0.2, and by 2.41 for
59-23 each full-time equivalent student who is in a remedial and support
59-24 program under Section 21.557 of this code because the student is
59-25 pregnant.
59-26 (b) For purposes of this section, the number of
59-27 educationally disadvantaged students is determined by averaging the
60-1 best six months' enrollment in the national school lunch program of
60-2 free or reduced-price lunches for the preceding school year.
60-3 (c) Funds allocated under this section, other than an
60-4 indirect cost allotment established under State Board of Education
60-5 rule, which shall not exceed 15 percent, must be used in providing
60-6 remedial and compensatory education programs under Section 21.557
60-7 of this code, and the district must account for the expenditure of
60-8 state funds by program and by campus. Funds allocated under this
60-9 section, other than the indirect cost allotment, shall only be
60-10 expended to improve and enhance programs and services funded under
60-11 the regular education program.
60-12 (d) The Central Education Agency shall evaluate the
60-13 effectiveness of remedial and support programs provided under
60-14 Section 21.557 of this code for students at risk of dropping out of
60-15 school.
60-16 (e) A school district in which the actual dropout rate in
60-17 any school year exceeds the state's dropout rate goal for that year
60-18 under Subsection (a) of Section 11.205 of this code shall, for the
60-19 school year immediately following that school year, allocate a
60-20 percentage of the district's allotment under this section to
60-21 remedial and support programs under Section 21.557 of this code for
60-22 students at risk of dropping out of school. The percentage
60-23 allocated to those programs must be at least equal to the state's
60-24 actual dropout rate for the preceding year. The programs must be
60-25 programs authorized by the State Board of Education. The Central
60-26 Education Agency shall provide to the district technical assistance
60-27 in reducing the district's dropout rate. At the request of a
61-1 district, the commissioner of education may exempt the district
61-2 from the requirements of this section if the commissioner finds
61-3 that special circumstances in the district merit the exemption.
61-4 (f) The commissioner of education may:
61-5 (1) retain a portion of the total amount allotted
61-6 under Subsection (a) of this section that the commissioner
61-7 considers appropriate to finance pilot programs under Section
61-8 11.191 of this code and to finance intensive remedial instruction
61-9 programs and study guides provided under Sections 21.552(b) and (c)
61-10 of this code; and
61-11 (2) reduce each district's tier one allotments in the
61-12 same manner described for a reduction in allotments under Section
61-13 16.254 <allotment proportionately>.
61-14 (g) From the total amount of funds appropriated for
61-15 allotments under this section, the commissioner of education shall,
61-16 each fiscal year, withhold the amount of $10,000,000 and distribute
61-17 that amount for programs under Section 21.114 of this code. The
61-18 program established under that section is required only in school
61-19 districts in which the program is financed by funds distributed
61-20 under this section and any other funds available for the program.
61-21 (h) The commissioner of education shall coordinate the funds
61-22 withheld under Subsection (g) of this section and any other funds
61-23 available for the program and shall distribute those funds. To
61-24 receive funds for the program, a school district must apply to the
61-25 commissioner. The commissioner shall give a preference to the
61-26 districts that apply that have the highest concentration of
61-27 students who are pregnant or who are parents.
62-1 (i) The commissioner of education shall withhold funds
62-2 allocated under this section to a district that fails to timely
62-3 prepare or make available on request of a member of the general
62-4 public the report required under Section 21.557(i) of this code.
62-5 The commissioner may restore withheld funds only when the
62-6 commissioner is satisfied that the district has provided the
62-7 information requested.
62-8 (j) <(i)> After deducting the amount withheld under
62-9 Subsection (g) of this section from the total amount appropriated
62-10 for the allotment under Subsection (a) of this section, the
62-11 commissioner of education shall reduce each district's tier one
62-12 allotments in the same manner described for a reduction in
62-13 allotments under Section 16.254 <allotment under Subsection (a)
62-14 proportionately> and shall allocate funds to each district
62-15 accordingly.
62-16 (k) <(j)> From the total amount of funds appropriated for
62-17 allotments under this section, the commissioner of education shall,
62-18 each fiscal year, withhold the amount of $5,000,000 and distribute
62-19 that amount for programs under Subchapter V, Chapter 21, of this
62-20 code. A program established under that subchapter is required only
62-21 in school districts in which the program is financed by funds
62-22 distributed under this section or other funds distributed by the
62-23 commissioner for a program under that subchapter.
62-24 (l) <(k)> The commissioner of education shall coordinate the
62-25 funds withheld under Subsection (k) <(j)> of this section and any
62-26 other funds available for the program and shall distribute those
62-27 funds. To receive funds for the program, a school district must
63-1 apply to the commissioner. The commissioner shall give a
63-2 preference to the districts that apply that have the highest
63-3 concentration of at-risk students. For each school year that a
63-4 school district receives funds under this section, the district
63-5 shall allocate an amount of local funds for school guidance and
63-6 counseling programs that is equal to or greater than the amount of
63-7 local funds that the school district allocated for that purpose
63-8 during the preceding school year.
63-9 (m) <(l)> After deducting the amount withheld under
63-10 Subsection (k) <(j)> of this section from the total amount
63-11 appropriated for the allotment under Subsection (a) of this
63-12 section, the commissioner of education shall reduce each district's
63-13 tier one allotments in the same manner described for a reduction in
63-14 allotments under Section 16.254 <allotment under Subsection (a) on
63-15 a per pupil basis>.
63-16 (n) From the total amount of funds appropriated for
63-17 allotments under this section, the commissioner of education may
63-18 withhold an amount not exceeding $1 million each fiscal year and
63-19 distribute the funds to school districts that incur unanticipated
63-20 expenditures resulting from a significant increase in the
63-21 enrollment of nonhandicapped students who reside in residential
63-22 placement facilities.
63-23 (o) After deducting the amount withheld under Subsection (n)
63-24 from the total amount appropriated for the allotment under
63-25 Subsection (a), the commissioner of education shall reduce each
63-26 district's allotment under Subsection (a) proportionately.
63-27 Sec. 16.153. BILINGUAL EDUCATION ALLOTMENT. (a) For each
64-1 student in average daily attendance in a bilingual education or
64-2 special language program under Subchapter L, Chapter 21, of this
64-3 code, a district is entitled to an annual allotment equal to the
64-4 adjusted basic allotment multiplied by 0.1.
64-5 (b) Funds allocated under this section, other than an
64-6 indirect cost allotment established under State Board of Education
64-7 rule, must be used in providing bilingual education or special
64-8 language programs under Subchapter L, Chapter 21, of this code.
64-9 (c) A district's bilingual education or special language
64-10 allocation may be used only for program and pupil evaluation,
64-11 instructional materials and equipment, staff development,
64-12 supplemental staff expenses, salary supplements for teachers, and
64-13 other supplies required for quality instruction and smaller class
64-14 size.
64-15 Sec. 16.155. VOCATIONAL EDUCATION ALLOTMENT. (a) For each
64-16 full-time equivalent student in average daily attendance in an
64-17 approved vocational education program in grades nine through 12 or
64-18 in vocational education for the handicapped programs in grades
64-19 seven through 12, a district is entitled to an annual allotment
64-20 equal to the adjusted basic allotment multiplied by a weight of
64-21 1.37.
64-22 (b) In this section, "full-time equivalent student" means 30
64-23 hours of contact a week between a student and vocational education
64-24 program personnel.
64-25 (c) Funds allocated under this section, other than an
64-26 indirect cost allotment established under State Board of Education
64-27 rule, must be used in providing vocational education programs in
65-1 grades nine through 12 or vocational education for the handicapped
65-2 programs in grades seven through 12 under the provisions of
65-3 Sections 21.111, 21.1111, and 21.112 of this code.
65-4 (d) The indirect cost allotment established under board
65-5 rules shall first be effective for the 1991-1992 school year
65-6 consistent with the weight effective that year.
65-7 (e) The commissioner shall conduct a cost-benefit comparison
65-8 between vocational education programs and mathematics and science
65-9 programs.
65-10 (f) <(h)> Out of the total statewide allotment for
65-11 vocational education under this section, the commissioner of
65-12 education shall set aside an amount specified in the General
65-13 Appropriations Act, which may not exceed an amount equal to one
65-14 percent of the total amount appropriated, to support regional
65-15 vocational education planning committees established under Section
65-16 21.115(b) of this code. After deducting the amount set aside under
65-17 this subsection from the total amount appropriated for vocational
65-18 education under this section, the commissioner shall reduce each
65-19 district's tier one allotments <allotment> in the same manner
65-20 described for a reduction in allotments <state funds> under Section
65-21 16.254 <16.254(d)> of this code.
65-22 Sec. 16.156. TRANSPORTATION ALLOTMENT. (a) Each district
65-23 or county operating a transportation system is entitled to
65-24 allotments for transportation costs as provided by this section.
65-25 (b) As used in this section:
65-26 (1) "Regular eligible pupil" means a pupil who resides
65-27 two or more miles from his or her campus of regular attendance,
66-1 measured along the shortest route that may be traveled on public
66-2 roads, and who is not classified as an eligible handicapped pupil.
66-3 (2) "Eligible handicapped pupil" means a pupil who is
66-4 handicapped as defined in Section 21.503 of this code and who would
66-5 be unable to attend classes without special transportation
66-6 services.
66-7 (3) "Linear density" means the average number of
66-8 regular eligible pupils transported daily, divided by the approved
66-9 daily route miles traveled by the respective transportation system.
66-10 (c) Each district or county operating a regular
66-11 transportation system is entitled to an allotment based on the
66-12 daily cost per regular eligible pupil of operating and maintaining
66-13 the regular transportation system and the linear density of that
66-14 system. In determining the cost, the commissioner shall give
66-15 consideration to factors affecting the actual cost of providing
66-16 these transportation services in each district or county. The
66-17 average actual cost is to be computed by the commissioner of
66-18 education and included for consideration by the Foundation School
66-19 Fund Budget Committee and the legislature in the General
66-20 Appropriations Act. The allotment per mile of approved route may
66-21 not exceed the amount set by appropriation.
66-22 (d) A district or county may apply for and on approval of
66-23 the commissioner of education receive an additional amount of up to
66-24 10 percent of its regular transportation allotment to be used for
66-25 the transportation of children living within two miles of the
66-26 school they attend who would be subject to hazardous traffic
66-27 conditions if they walked to school. Each board of trustees shall
67-1 provide to the commissioner the definition of hazardous conditions
67-2 applicable to that district and shall identify the specific
67-3 hazardous areas for which the allocation is requested. A hazardous
67-4 condition exists where no walkway is provided and children must
67-5 walk along or cross a freeway or expressway, an underpass, an
67-6 overpass or a bridge, an uncontrolled major traffic artery, an
67-7 industrial or commercial area, or another comparable condition.
67-8 (e) The <state> commissioner of education may grant an
67-9 amount set by appropriation for private or commercial
67-10 transportation for eligible pupils from isolated areas. The need
67-11 for this type of transportation grant shall be determined on an
67-12 individual basis and the amount granted shall not exceed the actual
67-13 cost. The grants shall be made only in extreme hardship cases, and
67-14 no grants shall be made if the pupils live within two miles of an
67-15 approved school bus route.
67-16 (f) The cost of transporting vocational education students
67-17 from one campus to another inside a district or from a sending
67-18 district to another secondary public school for a vocational
67-19 program or an area vocational school or to an approved
67-20 post-secondary institution under a contract for instruction
67-21 approved by the Central Education Agency shall be reimbursed based
67-22 on the number of actual miles traveled times the district's
67-23 official extracurricular travel per mile rate as set by their local
67-24 board of trustees and approved by the Central Education Agency.
67-25 (g) A school district or county that provides special
67-26 transportation services for eligible handicapped pupils is entitled
67-27 to a state allocation paid on a previous year's cost-per-mile
68-1 basis. The maximum rate per mile allowable shall be set by
68-2 appropriation based on data gathered from the first year of each
68-3 preceding biennium. Districts may use a portion of their support
68-4 allocation to pay transportation costs, if necessary. The
68-5 commissioner of education may grant an amount set by appropriation
68-6 for private transportation to reimburse parents or their agents for
68-7 transporting eligible handicapped pupils. The mileage allowed
68-8 shall be computed along the shortest public road from the pupil's
68-9 home to school and back, morning and afternoon. The need for this
68-10 type transportation shall be determined on an individual basis and
68-11 shall be approved only in extreme hardship cases.
68-12 (h) The allocation for eligible regular students transported
68-13 by the regular transportation system shall be increased by five
68-14 percent for any district or county school board which has complied
68-15 with the provisions of Section 21.173 of this code in accordance
68-16 with rules adopted by the State Board of Education.
68-17 (i) Funds allotted under this section must be used in
68-18 providing transportation services.
68-19 (j) In the case of a district belonging to a county
68-20 transportation system, the district's transportation allotment for
68-21 purposes of determining a district's foundation school program
68-22 allocations shall be determined on the basis of the number of
68-23 approved daily route miles in the district multiplied by the
68-24 allotment per mile to which the county transportation system is
68-25 entitled.
68-26 Sec. 16.158. TEACHER COMPENSATION <CAREER LADDER> ALLOTMENT.
68-27 (a) Each district is entitled to an allotment for teacher
69-1 compensation <support of the career ladder> equal to its unadjusted
69-2 average daily attendance multiplied by $90.
69-3 (b) Except as provided by Subsection (d), an <An> allotment
69-4 under this section may be used only for the purposes of paying the
69-5 salaries of teachers who were entitled to career ladder
69-6 supplements.
69-7 (c) <From the funds designated for that purpose, the
69-8 district shall supplement the salary of each teacher above level
69-9 one on the career ladder. The district shall decide the amount of
69-10 supplement to be provided at each career ladder level.>
69-11 <(d)> Money received under this section may not be used to
69-12 supplement the salary of an employee for directing cocurricular or
69-13 extracurricular activities.
69-14 (d) If an allotment under this section exceeds the amount
69-15 necessary to pay the salaries of teachers who were entitled to
69-16 career ladder supplements as provided by Section 16.058, a district
69-17 shall use the excess to supplement salaries of other teachers.
69-18 Sec. 16.159. Gifted and Talented Student Allotment.
69-19 (a) For each student a school district serves in a Central
69-20 Education Agency approved program for gifted and talented students
69-21 under Subchapter Q, Chapter 21, of this code or, in the case of a
69-22 district that is developing a program in accordance with standards
69-23 established by the commissioner of education, for each student the
69-24 district identifies as gifted and talented under State Board of
69-25 Education criteria, a district is entitled to an annual allotment
69-26 equal to the district's adjusted basic allotment as determined
69-27 under Section 16.102 or Section 16.103 of this code, as applicable,
70-1 multiplied by .12 for each school year or a greater amount provided
70-2 by appropriation.
70-3 (b) Funds allocated under this section, other than the
70-4 amount that represents the program's share of general
70-5 administrative costs, must be used in providing approved programs
70-6 for gifted and talented students under Subchapter Q, Chapter 21, of
70-7 this code or, in the case of a district that has not yet
70-8 established a program, in developing programs for gifted and
70-9 talented students. Each district must account for the expenditure
70-10 of state funds as provided by rule of the State Board of Education.
70-11 If by the end of the 12th month after receiving an allotment for
70-12 developing a program a district has failed to implement an approved
70-13 program, the district must refund the amount of the allotment to
70-14 the agency within 30 days.
70-15 (c) Not more than five percent of a district's students in
70-16 average daily attendance are eligible for funding under this
70-17 section.
70-18 (d) If the amount of state funds for which school districts
70-19 are eligible under this section exceeds the amount of state funds
70-20 appropriated in any year for the programs, the commissioner of
70-21 education shall reduce each district's tier one allotments in the
70-22 same manner described for a reduction in allotments under Section
70-23 16.254 <allotment on a pro rata basis>.
70-24 (e) If the total amount of funds allotted under this section
70-25 before a date set by rule of the State Board of Education is less
70-26 than the total amount appropriated for a school year, the
70-27 commissioner shall distribute the remainder proportionately to the
71-1 districts that have received an allotment, and no other districts
71-2 are eligible for an allotment for that school year.
71-3 (f) After each district has received allotted funds for this
71-4 program, the State Board of Education may use up to $500,000 of the
71-5 funds allocated under this section for programs such as Future
71-6 Problem Solving Olympics of the Mind, and Academic Decathlon, as
71-7 long as these funds are used to train personnel and provide program
71-8 services. To be eligible for funding under this section, a program
71-9 must be determined by the State Board of Education to provide
71-10 services that are effective and consistent with the state plan for
71-11 gifted and talented education.
71-12 Sec. 16.160. TECHNOLOGY FUNDS. (a) Developmental and
71-13 technology allotment allocations under the provisions of Chapter 14
71-14 are included in the Foundation School Program.
71-15 (b) Each district shall be allotted the amount specified in
71-16 Section 14.063 of this code after deductions by the commissioner of
71-17 education for the purposes of financing programs authorized under
71-18 Subchapter C, Chapter 14, of this code.
71-19 SUBCHAPTER F. ACCOUNTABLE COSTS OF EDUCATION
71-20 Sec. 16.201. Purpose. The accountable costs of education
71-21 studies are designed to support the development of the equalized
71-22 funding elements necessary to provide an efficient state and local
71-23 public school finance system which meets the state policy
71-24 established in Section 16.001 of this code and provides the
71-25 research basis for the equalized funding elements under the
71-26 provisions of Section 16.256 of this code.
71-27 <Sec. 16.202. STUDIES. On a biennial basis, the Legislative
72-1 Education Board and the Legislative Budget Board, with the
72-2 assistance of the Educational Economic Policy Center and the
72-3 Central Education Agency, shall complete each of the following
72-4 studies and develop recommended amounts where appropriate for each
72-5 year of the next biennium:>
72-6 <(1) a study of the fiscal neutrality of the system to
72-7 determine the status of the state and local finance system with
72-8 regard to the policies established under the provisions of Section
72-9 16.001 of this code, including recommendations for adjustments
72-10 necessary to maintain fiscal neutrality;>
72-11 <(2) the accountable costs per student to school
72-12 districts of providing educational programs, personnel, and other
72-13 operating costs that meet accreditation criteria and the provisions
72-14 of law and regulation;>
72-15 <(3) program cost differentials designed by program to
72-16 provide support for the added expense of high-cost courses or
72-17 programs for students participating in such courses or programs,
72-18 with the program funding level expressed as dollar amounts and as
72-19 weights applied to the adjusted basic allotment for the appropriate
72-20 year;>
72-21 <(4) transportation and career ladder allotments;>
72-22 <(5) the levels of tax effort necessary for each tier
72-23 of the Foundation School Program necessary to fulfill the
72-24 requirements of Sections 16.001 and 16.008 of this code; and>
72-25 <(6) capital outlay and debt service requirements and
72-26 formula elements for the requirements of Subchapter I of this
72-27 chapter or other provisions of this chapter.>
73-1 <Sec. 16.203. PROCEDURES. (a) The program cost
73-2 differentials developed jointly by the Legislative Education Board
73-3 and the Legislative Budget Board shall be submitted to the
73-4 foundation school fund budget committee for adoption beginning with
73-5 the 1993-1994 school year. If the foundation school fund budget
73-6 committee fails to adopt by April 1 the program cost differentials
73-7 for the following school year, the commissioner of education, after
73-8 considering the recommendations developed by those boards, shall
73-9 adopt program cost differentials.>
73-10 <(b) The commissioner of education shall provide appropriate
73-11 assistance to the boards for the calculation of the various funding
73-12 elements. Subject to review by the Legislative Education Board,
73-13 the commissioner of education shall retain from the allotments
73-14 under Sections 16.102 and 16.103 of this code and Subchapter D of
73-15 this chapter amounts appropriate to finance necessary additional
73-16 costs for the studies required under this subchapter.>
73-17 <(c) The boards may appoint advisory committees to assist in
73-18 the development of the various funding elements and studies
73-19 required under this subchapter. Advisory committee members serve
73-20 without compensation but are entitled to reimbursement for actual
73-21 and necessary expenses incurred in the performance of their duties.
73-22 Reimbursement shall be from funds available under Subsection (b) of
73-23 this section or from other funds available to the boards.>
73-24 <(d) In the studies relating to program cost differentials
73-25 the boards shall give special consideration to cost factors
73-26 associated with class size, laboratory expenses, materials,
73-27 equipment, teacher training, necessary salary supplementation, and
74-1 special services related to individual courses or groups of
74-2 courses.>
74-3 <Sec. 16.204. ><Naval Military Facility Impact><. (a) The
74-4 model on which a cost of education index is based must specifically
74-5 consider the impact of a significant new naval military facility on
74-6 each district in an impacted region.>
74-7 <(b) If the construction or operation of a significant new
74-8 naval military facility begins during a school year, the
74-9 Legislative Education Board and the Legislative Budget Board shall
74-10 recommend the adjustment of the basic allotment during that school
74-11 year to consider any impact of the facility on the cost of
74-12 education index of the districts in the impacted region.>
74-13 <(c) In this section, "significant new naval military
74-14 facility" and "impacted region" have the meanings assigned by
74-15 Section 4, Article 1, National Defense Impacted Region Assistance
74-16 Act of 1985 (Article 689a-4d, Vernon's Texas Civil Statutes).>
74-17 <(d) This section expires September 1, -1993.>
74-18 Sec. 16.205. LIMIT ON ADMINISTRATIVE COSTS. (a) The
74-19 commissioner of education by rule shall determine annually:
74-20 (1) an administrative cost ratio for school districts
74-21 with fewer than 500 students in average daily attendance;
74-22 (2) an administrative cost ratio for school districts
74-23 with 500 to 999 students in average daily attendance;
74-24 (3) an administrative cost ratio for school districts
74-25 with 1,000 to 4,999 students in average daily attendance;
74-26 (4) an administrative cost ratio for school districts
74-27 with 5,000 to 9,999 students in average daily attendance; and
75-1 (5) an administrative cost ratio for school districts
75-2 with more than 10,000 students in average daily attendance.
75-3 (b) The commissioner of education may adjust the
75-4 administrative cost ratio of a district to allow for additional
75-5 administrative costs required by:
75-6 (1) the sparsity of the district; or
75-7 (2) students with special needs.
75-8 (c) Not later than February 1 of each year, the commissioner
75-9 of education shall notify all districts of the requirements and
75-10 standards for determining administrative cost ratios for the
75-11 following year. Not later than May 1 of each year, Central
75-12 Education Agency staff shall conduct a desk audit of prior-year
75-13 expenditure data available through the Public Education Information
75-14 Management System (PEIMS) to identify those districts whose
75-15 administrative cost ratio in the prior year exceeded their adjusted
75-16 group standard. Districts with an administrative cost ratio in
75-17 excess of their adjusted group standard shall be notified not later
75-18 than May 15 that they have excessive administrative costs and that
75-19 they are required to reduce these costs to the level of the
75-20 adjusted group standard for the following school year. Not later
75-21 than the 60th day after receiving notification, a district shall
75-22 respond to the commissioner of education by submitting a
75-23 description of the district's plan to comply with the standard for
75-24 the following year or request a waiver from the commissioner of
75-25 education explaining why the district cannot comply with the
75-26 standard. Not later than August 15, the commissioner of education
75-27 shall notify responding districts if further action is needed.
76-1 (d) If a school district fails to reduce administrative
76-2 costs to the level required by this section, the commissioner of
76-3 education shall deduct from a school district's tier one allotments
76-4 an amount equal to the amount by which the district's
76-5 administrative costs exceed the amount permitted by its
76-6 administrative cost ratio, unless the commissioner has granted a
76-7 waiver in response to the district's request. The commissioner
76-8 shall make a deduction under this subsection from the foundation
76-9 school fund payments to the district in the school year following
76-10 the school year in which the plan to reduce costs was to be
76-11 implemented. If a school district does not receive a tier one
76-12 allotment, the district shall remit an amount equal to the excess
76-13 to the comptroller for deposit to the credit of the foundation
76-14 school fund.
76-15 (e) The commissioner of education may grant a waiver to a
76-16 school district that exceeds its administrative cost ratio if the
76-17 excess is justified by unusual circumstances.
76-18 (f) A school district shall include a statement of any
76-19 amount withheld or remitted under Subsection (d) in the district
76-20 report card required by Section 35.042.
76-21 (g) In this section:
76-22 (1) "Administrative cost ratio" means a school
76-23 district's administrative costs divided by its instructional costs,
76-24 expressed as a percentage.
76-25 (2) "Administrative costs" are defined as operating
76-26 expenses made from funds other than federal funds associated with
76-27 managing, planning, directing, coordinating, and evaluating a
77-1 school district in accordance with Accounting functions 21 -
77-2 Instructional Administration, and 41 - General Administration as
77-3 described in the Financial Accounting Manual Bulletin 679 for
77-4 Budgeting, Accounting, and Auditing in Texas Public Schools, Ninth
77-5 Edition, published by the Central Education Agency.
77-6 (3) "Instructional costs" are defined as operating
77-7 expenses made from funds other than federal funds associated with
77-8 teacher-student instruction in accordance with Accounting functions
77-9 11 - Instruction, 22 - Instructional Resources and Media Services,
77-10 25 - Curriculum and Instructional Staff Development, and 31 -
77-11 Guidance and Counseling Services as described in the Financial
77-12 Accounting Manual Bulletin 679 for Budgeting, Accounting, and
77-13 Auditing in Texas Public Schools, Ninth Edition, published by the
77-14 Central Education Agency.
77-15 (4) "Adjusted group standard" is the acceptable
77-16 administrative cost ratio for each district as determined in
77-17 accordance with Subsections (a) and (b). <EFFICIENCY IN
77-18 ADMINISTRATION REPORT. (a) The commissioner of education shall
77-19 conduct a study to determine the most appropriate and efficient
77-20 method for reporting and monitoring the allocation of resources by
77-21 school districts.>
77-22 <(b) The study shall identify the most effective means for
77-23 calculating, monitoring, and reporting the proportion of resources
77-24 that school districts allocate for their administrative costs and
77-25 shall include administrator-teacher ratios.>
77-26 <(c) The study shall include a description of average
77-27 efficient administrative expenditures by districts with
78-1 consideration of district size and demographics.>
78-2 <(d) Prior to the beginning of each regular session of the
78-3 legislature, the agency shall provide a report with recommendations
78-4 to the Legislative Education Board and the legislature.>
78-5 <(e) The study is an element of the study of accountable
78-6 costs of education under this subchapter.>
78-7 <Sec. 16.206. COST ADJUSTMENTS. (a) The lieutenant
78-8 governor shall appoint five members of the senate and the speaker
78-9 of the house of representatives shall appoint five members of the
78-10 house to a committee to conduct a study of certain costs of
78-11 providing public education as provided by this section. The
78-12 lieutenant governor and the speaker shall make the appointments not
78-13 later than September 1, 1991.>
78-14 <(b) The committee shall examine methods of adjusting for
78-15 specific resource cost variations caused by factors beyond the
78-16 control of school districts. The committee shall recommend
78-17 adjustments for these factors that will provide the most efficient
78-18 service delivery considering optimum district size, enrollment
78-19 growth, and other cost factors. For the purpose of the study, the
78-20 committee shall divide districts and campuses into a variety of
78-21 categories that may include region, size, area, density,
78-22 educational characteristics, and economic conditions.>
78-23 <(c) The committee may appoint one or more advisory panels
78-24 to assist the committee in conducting the study. Advisory panel
78-25 members serve without compensation but are entitled to
78-26 reimbursement for actual and necessary expenses incurred in the
78-27 performance of their duties.>
79-1 <(d) The committee shall recommend adjustments to the
79-2 Foundation School Program for resource cost variations caused by
79-3 factors beyond the control of school districts to the foundation
79-4 school fund budget committee not later than June 1, 1992. The
79-5 adjustments shall include:>
79-6 <(1) an adjustment to account for fast enrollment
79-7 growth and other factors relevant to a district's need for
79-8 facilities; and>
79-9 <(2) appropriate treatment of the calculation of
79-10 weighted students under Section 16.302 of this code.>
79-11 <(e) The foundation school fund budget committee by rule
79-12 shall adopt adjustments to the Foundation School Program for
79-13 resource cost variations beyond the control of school districts to
79-14 apply beginning with the 1993-1994 school year. The foundation
79-15 school fund budget committee shall report the adjustments adopted
79-16 to the legislature and the commissioner of education. If the
79-17 foundation school fund budget committee fails to adopt the
79-18 adjustments by November 1, 1992, the commissioner of education by
79-19 rule shall adopt adjustments not later than December 1, 1992.>
79-20 <(f) The rules adopted under this section apply beginning
79-21 with the 1993-1994 school year. If no rules are adopted under this
79-22 section, the basic allotment calculated under Sections 16.008 and
79-23 16.256(e) of this code shall be increased to reflect the costs
79-24 associated with the adjustments made by the cost of education index
79-25 and formula for the 1992-1993 school year.>
79-26 SUBCHAPTER G. FINANCING THE PROGRAM
79-27 Sec. 16.251. FINANCING; GENERAL RULE. (a) The sum of the
80-1 basic allotment under Subchapter C and<,> the special allotments
80-2 under Subchapter D, computed in accordance with this chapter,
80-3 constitute the tier one allotments. The sum of the tier one
80-4 allotments and the guaranteed yield allotments under Subchapter H,
80-5 computed in accordance with <the provisions of> this chapter,
80-6 constitute the total cost of the Foundation School Program.
80-7 (b) The program shall be financed by:
80-8 (1) ad valorem tax revenue generated by an equalized
80-9 uniform school <county education> district effort;
80-10 (2) ad valorem tax revenue generated by local school
80-11 district effort in excess of the equalized uniform school <county
80-12 education> district effort;
80-13 (3) state available school funds distributed in
80-14 accordance with law; and
80-15 (4) state funds appropriated for the purposes of
80-16 public school education and allocated to each district in an amount
80-17 sufficient to finance the cost of each district's Foundation School
80-18 Program not covered by other funds specified in this subsection.
80-19 (c) The commissioner of education shall compute for each
80-20 school district the total amount, if any, by which the district's
80-21 total revenue is reduced from one school year to the next because
80-22 of a change in the method of finance under this chapter. The
80-23 commissioner shall certify the amount of the reduction to the
80-24 school district for use in determining the school district's
80-25 rollback rate under Section 26.08, Tax Code.
80-26 Sec. 16.252. LOCAL SHARE OF PROGRAM COST (TIER ONE).
80-27 (a) Each school <county education> district's share of the
81-1 Foundation School Program shall be an amount determined by the
81-2 following formula:
81-3 where:
81-4 "LFA" is the school <county education> district's local
81-5 share;
81-6 "TR" is a tax rate which for each hundred dollars of
81-7 valuation is an effective tax rate of $0.86 <$0.72 for the
81-8 1991-1992 school year, $0.82 for the 1992-1993 school year, $0.92
81-9 for the 1993-1994 school year, and $1.00 for each school year
81-10 thereafter>; and
81-11 "DPV" is the taxable value of property in the school <county
81-12 education> district for the prior tax year determined under Section
81-13 11.86 of this code.
81-14 (b) The commissioner of education shall adjust the values
81-15 reported in the official report of the comptroller as required by
81-16 Section 5.09(a), <Property> Tax Code, to reflect reductions in
81-17 taxable value of property resulting from natural or economic
81-18 disaster after January 1 in the year in which the valuations are
81-19 determined. The decision of the commissioner of education shall be
81-20 final. An adjustment does not affect the local fund assignment of
81-21 any other school <county education> district.
81-22 (c) Appeals of district values shall be held pursuant to
81-23 Subsection (e) of Section 11.86 of this code.
81-24 (d) A school <county education> district must <shall> raise
81-25 its total local share of the foundation school program to be
81-26 eligible to receive foundation school fund payments. <The funds
81-27 shall be reallocated to the school districts in the county
82-1 education district in the manner prescribed by Subchapter J of this
82-2 chapter.>
82-3 (e) The commissioner of education shall hear appeals from
82-4 school <county education> districts which have experienced a rapid
82-5 decline in tax base used in calculating the local fund assignment,
82-6 exceeding eight percent of prior year, that is beyond the control
82-7 of the board of trustees of the <county education> district. The
82-8 commissioner of education may adjust the <county education>
82-9 district's taxable values for local fund assignment purposes for
82-10 such losses in value exceeding eight percent and thereby adjust the
82-11 local fund assignment to reflect the local current year taxable
82-12 value. The decision of the commissioner of education shall be
82-13 final. An adjustment does not affect the local fund assignment of
82-14 any other school <county education> district. This subsection
82-15 shall apply to determinations by the commissioner in identifying
82-16 districts with wealth per student exceeding the equalized wealth
82-17 level pursuant to Section 36.004.
82-18 Sec. 16.254. DISTRIBUTION OF FOUNDATION SCHOOL FUND.
82-19 (a) For each school year the commissioner of education shall
82-20 determine:
82-21 (1) the amount of money to which a school district is
82-22 entitled under Subchapters C and D;
82-23 (2) the amount of money to which a school district is
82-24 entitled under Subchapter H;
82-25 (3) the amount of money allocated to the district from
82-26 the available school fund;
82-27 (4) the amount of each district's tier one local share
83-1 under Section 16.252; and
83-2 (5) the amount of each district's tier two local share
83-3 under Section 16.303.
83-4 (b) The commissioner shall base the determinations under
83-5 Subsection (a) on the estimates provided to the legislature under
83-6 Section 16.2541 for each school district for each school year or
83-7 different estimates provided by the General Appropriations Act.
83-8 (c) Each school district is entitled to an amount equal to
83-9 the difference for that district between the sum of Subsections
83-10 (a)(1) and (a)(2) and the sum of Subsections (a)(3), (a)(4), and
83-11 (a)(5).
83-12 (d) The commissioner shall approve warrants to each school
83-13 district equaling the amount of its entitlement except as provided
83-14 by this section. Warrants for all money expended according to this
83-15 chapter shall be approved and transmitted to treasurers or
83-16 depositories of school districts in the same manner that warrants
83-17 for state payments are transmitted. The total amount of the
83-18 warrants issued under this section may not exceed the total amount
83-19 appropriated for foundation school program purposes for that fiscal
83-20 year.
83-21 (e) The commissioner shall recompute the amount to which the
83-22 district is entitled under Subsection (c) if a school district's
83-23 tax rate is less than the limit authorized under this subsection.
83-24 The amount to which a district is entitled under this section may
83-25 not exceed the amount to which the district would be entitled at
83-26 the district's tax rate for the final year of the preceding
83-27 biennium, or a different tax rate provided by appropriation. The
84-1 commissioner shall recompute the amount to which a district is
84-2 entitled to the extent necessary under this section. The
84-3 commissioner shall approve warrants to the school in the amount
84-4 that results from the new computation. An amount equal to the
84-5 difference between the initial allocation and the amount of the
84-6 warrants shall be transferred to a special account in the
84-7 foundation school fund known as the reserve account.
84-8 (f) Amounts transferred to the reserve account under
84-9 Subsection (e) shall be used in the succeeding fiscal year to
84-10 finance increases in allocations to school districts under
84-11 Subsection (i). If the amount in the reserve account is less than
84-12 the amount of the increases under Subsection (i) for the second
84-13 year of a state fiscal biennium, the commissioner shall certify the
84-14 amount of the difference to the foundation school fund budget
84-15 committee not later than January 1 of the second year of the state
84-16 fiscal biennium. The committee shall propose to the legislature
84-17 that the certified amount be transferred to the foundation school
84-18 fund from the economic stabilization fund and appropriated for the
84-19 purpose of increases in allocations under Subsection (h).
84-20 (g) If a school district demonstrates to the satisfaction of
84-21 the commissioner that the estimate of the district's tax rate,
84-22 student enrollment, or taxable value of property used in
84-23 determining the amount of state funds to which the district is
84-24 entitled are so inaccurate as to result in undue financial hardship
84-25 to the district, the commissioner may adjust funding to that
84-26 district in that school year to the extent that funds are available
84-27 for that year, including funds in the reserve account. Funds in
85-1 the reserve account may not be used under this subsection until any
85-2 reserve funds have been used for purposes of Subsection (f).
85-3 (h) If the legislature fails during the regular session to
85-4 enact the transfer and appropriation proposed under Subsection (f)
85-5 and there are not funds available under Subsection (j), the
85-6 commissioner shall reduce the total amount of state funds allocated
85-7 to each district by an amount determined by a method under which
85-8 the application of the same number of cents of increase in tax rate
85-9 in all districts applied to the taxable value of property of each
85-10 district, as determined under Section 11.86, results in a total
85-11 levy equal to the total reduction. The following fiscal year, a
85-12 district's entitlement under this section is increased by an amount
85-13 equal to the reduction made under this subsection.
85-14 (i) Not later than March 1 each year, the commissioner shall
85-15 determine the actual amount of state funds to which each school
85-16 district is entitled under the allocation formulas in this chapter
85-17 for the current school year and shall compare that amount with the
85-18 amount of the warrants issued to each district for that year. If
85-19 the amount of the warrants differs from the amount to which a
85-20 district is entitled because of variations in the district's tax
85-21 rate, student enrollment, or taxable value of property, the
85-22 commissioner shall adjust the district's entitlement for the next
85-23 fiscal year accordingly.
85-24 (j) The legislature may appropriate funds necessary for
85-25 increases under Subsection (i) from funds that the comptroller, at
85-26 any time during the fiscal year, finds are available.
85-27 (k) The commissioner shall compute for each school district
86-1 the total amount by which the district's allocation of state funds
86-2 is increased or reduced under Subsection (i) and shall certify that
86-3 amount to the district.
86-4 (l) In this section, the number of weighted students in
86-5 average daily attendance is calculated in the manner provided by
86-6 Section 16.302. <The commissioner of education shall determine
86-7 annually:>
86-8 <(1) the amount of money necessary to operate a
86-9 Foundation School Program in each school district;>
86-10 <(2) the amount of local funds due the school district
86-11 from the local fund assignment of the county education district;
86-12 and>
86-13 <(3) the amount of state available school funds
86-14 distributed to each school district.>
86-15 <(b) The commissioner of education shall then grant to each
86-16 school district from the Foundation School Program appropriation
86-17 the amount of funds necessary to provide the difference between
86-18 Subdivision (1) and the sum of Subdivisions (2) and (3) of
86-19 Subsection (a) of this section.>
86-20 <(c) The commissioner shall approve warrants to each school
86-21 district equaling the amount of its grant. Warrants for all money
86-22 expended according to the provisions of this chapter shall be
86-23 approved and transmitted to treasurers or depositories of school
86-24 districts in the same manner as warrants for state apportionment
86-25 are transmitted.>
86-26 <(d) Notwithstanding any other provision of this chapter, if
86-27 for any year the total state's share of the Foundation School
87-1 Program, as determined under this chapter, exceeds the total amount
87-2 appropriated for that year, the commissioner shall reduce the total
87-3 amount of state funds allocated to each district by an amount
87-4 determined by a method under which the application of the same
87-5 number of cents of increase in tax rate applied to the taxable
87-6 value of property of each district, as determined under Section
87-7 11.86 of this code, results in a levy for each district equal to
87-8 the amount deducted from that district's allocation.>
87-9 <(e) The commissioner of education shall compute for each
87-10 school district the total amount by which the district's allocation
87-11 of state funds is reduced under Subsection (d) of this section and
87-12 shall certify that amount to the district.>
87-13 Sec. 16.2541. ESTIMATES REQUIRED. (a) Not later than
87-14 October 1 of each even-numbered year:
87-15 (1) the Central Education Agency shall submit to the
87-16 foundation school fund budget committee and the legislature an
87-17 estimate of the tax rate and student enrollment of each school
87-18 district for the following biennium; and
87-19 (2) the comptroller shall submit to the foundation
87-20 school fund budget committee and the legislature an estimate of the
87-21 total taxable value of all property in the state as determined
87-22 under Section 11.86 for the following biennium.
87-23 (b) The Central Education Agency and the comptroller shall
87-24 update the information provided to the legislature under Subsection
87-25 (a) not later than March 1 of each odd-numbered year.
87-26 Sec. 16.255. Falsification of Records; Report. (a) When,
87-27 in the opinion of the director of school audits of the Central
88-1 Education Agency, audits or reviews of accounting, enrollment, or
88-2 other records of a school district reveal deliberate falsification
88-3 of the records, or violation of the provisions of this chapter,
88-4 whereby the district's share of state funds allocated under the
88-5 authority of this chapter would be, or has been, illegally
88-6 increased, the director shall promptly and fully report the fact to
88-7 the State Board of Education and the state auditor.
88-8 (b) In the event of overallocation of state funds, as
88-9 determined by the State Board of Education or the state auditor by
88-10 reference to the director's report, the Central Education Agency
88-11 shall, by withholding from subsequent allocations of state funds,
88-12 recover from the district an amount, or amounts, equal to the
88-13 overallocation.
88-14 Sec. 16.256. FOUNDATION SCHOOL FUND BUDGET COMMITTEE.
88-15 (a) The foundation school fund budget committee is composed of the
88-16 governor, the lieutenant governor, and the comptroller <of public
88-17 accounts>.
88-18 (b) On or before December <November> 1 before each regular
88-19 session of the legislature, the budget committee shall determine
88-20 and certify to the comptroller <of public accounts> an amount of
88-21 money to be placed in the foundation school fund for the succeeding
88-22 biennium for the purpose of financing the Foundation School Program
88-23 as described in this code.
88-24 (c) The budget committee may, during the biennium, change
88-25 the estimate of money necessary to finance the Foundation School
88-26 Program.
88-27 (d) The foundation school fund budget committee shall adopt
89-1 rules for the calculation for each year of a biennium of the
89-2 qualified funding elements necessary to achieve the state funding
89-3 policy under Section 16.001 of this code not later than the
89-4 1994-1995 school year and for each year thereafter. In the
89-5 calculation of these funding elements, the committee shall consider
89-6 the report of the Legislative Education Board prescribed under
89-7 Section 16.008 of this code.
89-8 (e) The funding elements shall include:
89-9 (1) a basic allotment for the purposes of Section
89-10 16.101 of this code that represents the cost per student of a
89-11 regular education program that meets the basic criteria for an
89-12 accredited program including all mandates of law and regulation;
89-13 (2) adjustments designed to reflect the variation in
89-14 known resource costs and costs of education beyond the control of
89-15 school districts;
89-16 (3) appropriate program cost differentials and other
89-17 funding elements for the programs authorized under Subchapter D of
89-18 this chapter, with the program funding level expressed as dollar
89-19 amounts and as weights applied to the adjusted basic allotment for
89-20 the appropriate year;
89-21 (4) the maximum guaranteed level of qualified state
89-22 and local funds per student for the purposes of Subchapter H of
89-23 this chapter;
89-24 (5) the enrichment and facilities tax rate under
89-25 Subchapter H of this chapter;
89-26 (6) the formula elements for the funding formulas for
89-27 capital outlay and debt service under the provision of Subchapter I
90-1 of this chapter; and
90-2 (7) the calculation of weighted students in average
90-3 daily attendance under Section 16.302 of this code.
90-4 (f) Not <Beginning in 1992, not> later than December
90-5 <November> 1 preceding each regular session of the legislature, the
90-6 foundation school fund budget committee by rule shall adopt and
90-7 report the equalized funding elements calculated under this section
90-8 to the commissioner of education and the legislature. Before the
90-9 committee adopts the elements, the committee or the committee's
90-10 designees shall hold a public hearing on the recommendations of the
90-11 Legislative Education Board.
90-12 <(g) Notwithstanding other provisions of this section, the
90-13 funding elements adopted by the foundation school fund budget
90-14 committee for the 1993-1994 school year and the 1994-1995 school
90-15 year shall provide for appropriate transition from the program in
90-16 effect for the 1992-1993 school year.>
90-17 Sec. 16.258. Effect Of Appraisal Appeal. (a) If the final
90-18 determination of an appeal under Chapter 42, Tax Code, results in a
90-19 reduction in the taxable value of property that exceeds five
90-20 percent of the total taxable value of property in the school
90-21 district for the same tax year determined under Section 11.86 of
90-22 this code, the commissioner of education shall request the
90-23 comptroller to adjust its taxable property value findings for that
90-24 year consistent with the final determination of the appraisal
90-25 appeal.
90-26 (b) If the district would have received a greater amount
90-27 from the foundation school fund for the applicable school year
91-1 using the adjusted value, the commissioner shall add the difference
91-2 to subsequent distributions to the district from the foundation
91-3 school fund. An adjustment does not affect the local fund
91-4 assignment of any other district.
91-5 Sec. 16.260. FOUNDATION SCHOOL FUND TRANSFERS. (a) In this
91-6 section:
91-7 (1) "Category 1 school district" means a school
91-8 district having a wealth of less than one-half of the statewide
91-9 average wealth.
91-10 (2) "Category 2 school district" means a school
91-11 district having a wealth of at least one-half of the statewide
91-12 average wealth per pupil but not more than the statewide average
91-13 wealth.
91-14 (3) "Category 3 school district" means a school
91-15 district having a wealth of more than the statewide average wealth.
91-16 (4) "Wealth" means the taxable property values
91-17 reported by the comptroller to the commissioner of education under
91-18 Section 16.252 of this code divided by the number of students in
91-19 average daily attendance.
91-20 (b) Payments from the foundation school fund to each
91-21 category 1 school district shall be made as follows:
91-22 (1) 21 percent of the yearly entitlement of the
91-23 district shall be paid in two equal installments to be made on or
91-24 before the 25th day of September and October of a fiscal year;
91-25 (2) 57 percent of the yearly entitlement of the
91-26 district shall be paid in six equal installments to be made on or
91-27 before the 25th day of November, December, January, February,
92-1 March, and July; and
92-2 (3) 22 percent of the yearly entitlement of the
92-3 district shall be paid in two equal installments to be made on or
92-4 before the 25th day of April and May.
92-5 (c) Payments from the foundation school fund to each
92-6 category 2 school district shall be made as follows:
92-7 (1) 21 percent of the yearly entitlement of the
92-8 district shall be paid in two equal installments to be made on or
92-9 before the 25th day of September and October of a fiscal year;
92-10 (2) 38 percent of the yearly entitlement of the
92-11 district shall be paid in four equal installments to be made on or
92-12 before the 25th day of November, December, March, and July;
92-13 (3) seven percent of the yearly entitlement of the
92-14 <school> district shall be paid in two equal installments to be
92-15 made on or before the 25th day of January and February;
92-16 (4) 22 percent of the yearly entitlement of the
92-17 <school> district shall be paid in two equal installments to be
92-18 made on or before the 25th day of April and May; and
92-19 (5) 12 percent of the yearly entitlement of the
92-20 <school> district shall be paid in two equal installments to be
92-21 made on or before the 25th day of June and August.
92-22 (d) Payments from the foundation school fund to each
92-23 category 3 school district shall be made as follows:
92-24 (1) 21 percent of the yearly entitlement of the
92-25 district <school> shall be paid in two equal installments to be
92-26 made on or before the 25th day of September and October of a fiscal
92-27 year;
93-1 (2) 57 percent of the yearly entitlement of the
93-2 district <school> shall be paid in six equal installments to be
93-3 made on or before the 25th day of November, December, March, June,
93-4 July, and August; and
93-5 (3) 22 percent of the yearly entitlement of the
93-6 <school> district shall be paid in two equal installments to be
93-7 made on or before the 25th day of April and May.
93-8 (e) The amount of any installment required by this section
93-9 may be modified to provide a school district with the proper amount
93-10 to which the district may be entitled by law and to correct errors
93-11 in the allocation or distribution of funds. If an installment
93-12 under this section is required to be equal to other installments,
93-13 the amount of other installments may be adjusted to provide for
93-14 that equality. A payment under this section is not invalid because
93-15 it is not equal to other installments.
93-16 SUBCHAPTER H. GUARANTEED YIELD PROGRAM (TIER TWO)
93-17 Sec. 16.301. PURPOSE. The purpose of the guaranteed yield
93-18 component of the Foundation School Program is to provide each
93-19 school district with the opportunity to supplement the basic
93-20 program at a level of its own choice and with access to additional
93-21 funds for facilities. An allotment under this subchapter may be
93-22 used for any legal purpose, including capital outlay and debt
93-23 service.
93-24 Sec. 16.302. ALLOTMENT. <(a)> Each school district is
93-25 guaranteed a specified amount per weighted student in state and
93-26 local funds for each cent of tax effort over that required for the
93-27 district's local fund assignment <of the county education district
94-1 in which the school district is located> up to the maximum level
94-2 specified in this subchapter. The amount of state support, subject
94-3 only to the maximum amount under Section 16.303 of this code, is
94-4 determined by the formula:
94-5 where:
94-6 "GYA" is the guaranteed yield amount of state funds to be
94-7 allocated to the district;
94-8 "GL" is the dollar amount guaranteed level of state and local
94-9 funds per weighted student per cent of tax effort, which is $20.55
94-10 <$21.50 for the 1991-1992 school year, $22.50 for the 1992-1993
94-11 school year, $26 for the 1993-1994 school year, and $28 for each
94-12 school year thereafter,> or a greater amount for any year provided
94-13 by appropriation, or a greater amount adopted by the foundation
94-14 school fund budget committee under Section 16.256(d) <of this code
94-15 for the 1993-1994 or 1994-1995 school year or thereafter>;
94-16 "WADA", except as provided by Section 16.206 of this code, is
94-17 the number of weighted students in average daily attendance, which
94-18 is calculated by dividing the sum of the school district's
94-19 allotments under Subchapters C and D of this chapter, less any
94-20 allotments to the district for transportation, teacher compensation
94-21 <career ladder supplements>, or technology and 50 percent of the
94-22 adjustment under Section 16.102 of this code, by the basic
94-23 allotment for the applicable year;
94-24 "DTR" is the district enrichment and facilities tax rate of
94-25 the school district, which is determined by subtracting the
94-26 district's local fund assignment from <dividing> the total amount
94-27 of taxes collected by the school district for the applicable school
95-1 year and dividing the difference by the quotient of the district's
95-2 taxable value of property as determined under Section 11.86 of this
95-3 code divided by 100; and
95-4 "LR" is the local revenue, which is determined by multiplying
95-5 "DTR" by the quotient of the district's taxable value of property
95-6 as determined under Section 11.86 of this code divided by 100.
95-7 <(b) Beginning with the 1993-1994 school year, if the
95-8 program cost differentials developed jointly by the Legislative
95-9 Education Board and the Legislative Budget Board under Section
95-10 16.203 of this code and the adjustments studied under Section
95-11 16.206 of this code are not adopted by the foundation school fund
95-12 budget committee or the commissioner of education, the amount
95-13 guaranteed under this section is an amount per student rather than
95-14 per weighted student and a school district's average daily
95-15 attendance ("ADA") under Section 16.006 of this code is substituted
95-16 for "WADA" in the formula under Subsection (a) of this section.>
95-17 Sec. 16.303. LIMITATION ON ENRICHMENT AND FACILITIES TAX
95-18 RATE. The district enrichment and facilities tax rate ("DTR")
95-19 under Section 16.302 of this code may not exceed $0.64 per $100 of
95-20 valuation, <$0.45> or a greater amount <for 1993-1994 and 1994-1995
95-21 school years or thereafter as> adopted by the foundation school
95-22 fund budget committee under Section 16.256(d) of this code.
95-23 Sec. 16.304. COMPUTATION OF AID FOR DISTRICT ON MILITARY
95-24 RESERVATION OR AT STATE SCHOOL. State assistance under this
95-25 subchapter for a school district located on a federal military
95-26 installation or at Moody State School is computed using the average
95-27 tax rate and property value per student of school districts in the
96-1 county, as determined by the commissioner of education.
96-2 SUBCHAPTER I. CAPITAL OUTLAY AND DEBT SERVICE
96-3 Sec. 16.401. Inventory of School Facilities. (a) The State
96-4 Board of Education shall establish a statewide inventory of school
96-5 facilities and shall update the inventory on a periodic basis.
96-6 (b) The inventory shall include information on the
96-7 condition, use, type, and replacement cost of public school
96-8 facilities in this state.
96-9 Sec. 16.402. Standards. The State Board of Education shall
96-10 establish standards for adequacy of school facilities. The
96-11 standards shall include requirements related to space, educational
96-12 adequacy, and construction quality. All facilities constructed
96-13 after September 1, 1992, must meet the standards in order to be
96-14 financed with state or local tax funds.
96-15 Sec. 16.403. Advisory Committee. The State Board of
96-16 Education shall appoint a committee composed of 15 persons
96-17 knowledgeable of various aspects of school facility planning,
96-18 construction, renovation, and financing. The advisory committee
96-19 shall provide the board and the commissioner with assistance on the
96-20 development of the inventory system, the creation of facility
96-21 standards, and the conduct of facility research related to current
96-22 and future roles of the state in the provision of financial and
96-23 technical assistance to school districts. The members of the
96-24 committee shall serve without compensation but may be reimbursed
96-25 for actual and necessary expenses.
96-26 <SUBCHAPTER J. COUNTY EDUCATION DISTRICT DISTRIBUTIONS>
96-27 <Sec. 16.501. TIER ONE. (a) The commissioner of education
97-1 shall notify each county education district of the total amount of
97-2 funds that each school district in the county education district is
97-3 entitled to receive under tier one of the Foundation School
97-4 Program.>
97-5 <(b) For tier one, the board of trustees of each county
97-6 education district shall distribute the funds collected from the
97-7 tax levied by the county education district under Section 20.945 of
97-8 this code to the school districts in the county on the basis of the
97-9 component districts' share of the taxable value of property of the
97-10 county education district with the provision that no component
97-11 district shall receive funds in excess of the cost of tier one less
97-12 the distribution of the available school fund.>
97-13 <(c)(1) Notwithstanding Subsection (b) of this section, for
97-14 the 1991-1992, 1992-1993, and 1993-1994 school years, for tier one
97-15 the board of trustees of each county education district shall
97-16 distribute the funds collected from the tax levied by the county
97-17 education district under Section 20.945 of this code to the school
97-18 districts in the county education district as follows:>
97-19 <(A) to those school districts that did not
97-20 receive foundation school funds for the 1990-1991 school year in
97-21 which the amount of revenue per weighted student from local funds
97-22 and the available school fund for the 1990-1991 school year exceeds
97-23 the total amount of revenue per weighted student to which the
97-24 district is entitled under the Foundation School Program at a tax
97-25 rate equal to the maximum tax rate authorized under Section 20.09
97-26 of this code, the county education district shall distribute an
97-27 amount equal to the difference between the amount of revenue per
98-1 weighted student in the district in the 1990-1991 school year from
98-2 local funds and the available school fund and the levy that results
98-3 from the application of the maximum rate authorized under Section
98-4 20.09 of this code to the district's taxable value of property; and>
98-5 <(B) the county education district shall
98-6 apportion the remaining funds collected from the tax levy to each
98-7 school district in the county education district on the basis of
98-8 the component districts' share of the taxable value of property of
98-9 the county education district with the provision that no component
98-10 district shall receive funds in excess of the cost of tier one less
98-11 the distribution of the available school fund.>
98-12 <(2) This subsection expires September 1, 1994.>
98-13 <(d) If the total amount available for distribution by the
98-14 county education district exceeds the county education district's
98-15 local share under Section 16.252 of this code, the county education
98-16 district shall retain the excess amount for distribution in
98-17 succeeding years.>
98-18 <(e) If the total amount available for distribution by the
98-19 county education district is less than the county education
98-20 district's local share under Section 16.252 of this code, the
98-21 distributions shall be made under rules adopted by the commissioner
98-22 of education.>
98-23 <Sec. 16.502. COLLECTION AND DISTRIBUTION SCHEDULES. The
98-24 commissioner of education shall establish a schedule for the
98-25 distribution of funds to each school district under this
98-26 subchapter.>
98-27 <Sec. 16.503. DEFINITION. In this subchapter, "taxable
99-1 value of property" is the value determined under Section 11.86 of
99-2 this code.>
99-3 SECTION 2.02. Subsections (b) and (e), Section 14.063,
99-4 Education Code, are amended to read as follows:
99-5 (b) Each school district is entitled to an annual allotment
99-6 for the purposes provided under Section 14.064 of this code equal
99-7 to its unadjusted average daily attendance multiplied by<:>
99-8 <(1)> $30 <for the 1992-1993 school year, or a greater
99-9 amount provided by appropriation;>
99-10 <(2) $35 for the 1993-1994 school year, or a greater
99-11 amount provided by appropriation;>
99-12 <(3) $40 for the 1994-1995 school year, or a greater
99-13 amount provided by appropriation;>
99-14 <(4) $45 for the 1995-1996 school year, or a greater
99-15 amount provided by appropriation; and>
99-16 <(5) $50 for the 1996-1997 school year and for each
99-17 school year thereafter>, or a greater amount provided by
99-18 appropriation.
99-19 (e) If an insufficient amount is available in the fund for
99-20 the state's share of the allotments under Subsection (b) of this
99-21 section, the agency shall reduce each district's allotment in the
99-22 same manner described for a reduction in allotments <by application
99-23 of the formula adopted> under Section 16.254 <16.254(d)> of this
99-24 code.
99-25 SECTION 2.03. Subsections (a) and (b), Section 20.09,
99-26 Education Code, are amended to read as follows:
99-27 (a) Except as provided by Subsections (c) and (d) and unless
100-1 specifically approved in an election called for that purpose <of
100-2 this section>, a school district may not impose a total tax rate on
100-3 the $100 valuation of taxable property that <results in a levy
100-4 that> exceeds $1.50. <the levy that results from applying the
100-5 following rate to the district's taxable value of property as
100-6 determined under Section 11.86 of this code:>
100-7 <(1) $0.78 for the 1991 tax year;>
100-8 <(2) $0.68 for the 1992 tax year;>
100-9 <(3) $0.58 for the 1993 tax year; and>
100-10 <(4) $0.50 for each subsequent tax year.>
100-11 (b) A district may impose taxes under this chapter on the
100-12 residence homestead of a person whose taxes for general elementary
100-13 and secondary public school purposes are limited under Article
100-14 VIII, Section 1-b(d), of the Texas Constitution, only to the extent
100-15 that the imposition<, when added to the taxes imposed on the
100-16 homestead by the county education district,> does not increase the
100-17 person's tax liability for those purposes in violation of the
100-18 constitutional limit.
100-19 SECTION 2.04. Section 26.08, Tax Code, is amended to read
100-20 as follows:
100-21 Sec. 26.08. Election to Limit School Taxes. (a) If the
100-22 governing body of a school district adopts a rate that exceeds the
100-23 school district rollback tax rate <sum of the district's effective
100-24 maintenance rate, the rate of $0.08, and the district's current
100-25 debt rate>, the qualified voters of the district at <by petition
100-26 may require that> an election <be> held for that purpose must <to>
100-27 determine whether or not to limit the tax rate the governing body
101-1 may adopt for the current <following> year to the school district
101-2 rollback tax rate. When increased expenditure of funds by a school
101-3 district is necessary to respond to a disaster, such as a tornado,
101-4 hurricane, flood, or other calamity (not including a drought) which
101-5 has impacted a school district and the governor has requested
101-6 federal disaster assistance for the area in which the school
101-7 district is located, an election <a petition> is not required
101-8 <valid> under this section to repeal a tax increase adopted the
101-9 next time the district adopts a tax rate after the date the
101-10 disaster occurs.
101-11 (b) The <A petition is valid only if:>
101-12 <(1) it states that it is intended to require an
101-13 election in the school district on the question of limiting the tax
101-14 rate for the following year;>
101-15 <(2) it is signed by a number of qualified voters of
101-16 the school district equal to at least 10 percent of the number of
101-17 qualified voters of the district according to the most recent
101-18 official list of qualified voters not counting the signatures of
101-19 voters gathered by a person who received compensation for
101-20 circulating the petition; and>
101-21 <(3) it is submitted to the governing body on or
101-22 before the 90th day after the date on which the governing body
101-23 adopted the tax rate for the current year.>
101-24 <(c) Not later than the 20th day after the day a petition is
101-25 submitted, the governing body shall determine whether or not the
101-26 petition is valid and pass a resolution stating its finding. If
101-27 the governing body fails to act within the time allowed, the
102-1 petition is treated as if it had been found valid.>
102-2 <(d) If the> governing body <finds that the petition is
102-3 valid (or fails to act within the time allowed), it> shall order
102-4 that the <an> election be held in the school district on a date not
102-5 less than 30 or more than 90 days after the <last> day on which it
102-6 adopted the tax rate <could have acted to approve or disapprove the
102-7 petition>. A state law requiring local elections to be held on a
102-8 specified date does not apply to the election unless a specified
102-9 date falls within the time permitted by this section. At the
102-10 election, the ballots shall be prepared to permit voting for or
102-11 against the proposition: "Reducing <Limiting> the ad valorem tax
102-12 rate in (name of school district) for the current year from (the
102-13 rate adopted) to (the school district rollback tax rate) <(the
102-14 following year)>."
102-15 (c) <(e)> If a majority of the qualified voters voting on
102-16 the question in the election favor the proposition, the <governing
102-17 body may not adopt a> tax rate for the school district for <in> the
102-18 current <following> year is <that exceeds> the school district
102-19 rollback tax rate calculated for that year; otherwise the tax rate
102-20 for the current year is the one adopted by the governing body
102-21 <using the following formula:>
102-22 RATE FOR ELECTION YEAR) + $0.08 (X 1.08)) + CURRENT DEBT RATEää
102-23 <where "election year" denotes amounts used in calculating the
102-24 rollback tax rate in the year in which the tax increase that
102-25 initiated the referendum occurred rather than the year in which the
102-26 calculation occurs>.
102-27 (d) For purposes of this section, except as provided by
103-1 Subsection (e), the school district rollback tax rate of a school
103-2 district is the sum of:
103-3 (1) the tax rate that, applied to the current total
103-4 value for the district, would impose taxes in an amount that, when
103-5 added to state funds to be distributed to the district under
103-6 Chapters 15 and 16, Education Code, for the school year beginning
103-7 in the current tax year, would provide the same amount of state
103-8 funds and local maintenance and operations taxes per student in
103-9 weighted average daily attendance for that school year that was
103-10 available to the district in the preceding year;
103-11 (2) the rate of $0.06; and
103-12 (3) the district's current debt rate.
103-13 (e) In the first year in which a school district that is the
103-14 product of the consolidation of two or more whole school districts
103-15 adopts a tax, the school district rollback tax rate for the
103-16 consolidated district is the sum of:
103-17 (1) the tax rate that, applied to the current total
103-18 value for the district, would impose taxes in an amount that, when
103-19 added to state funds to be distributed to the district under
103-20 Chapters 15 and 16, Education Code, for the school year beginning
103-21 in the current tax year, would provide the same amount of state
103-22 funds and local maintenance and operations taxes per student in
103-23 weighted average daily attendance for that school year that was
103-24 available to the component district in the preceding year for which
103-25 that amount was greater than for any other component district;
103-26 (2) the rate of $0.06; and
103-27 (3) the consolidated district's current debt rate.
104-1 (f) For purposes of Subsections (d) and (e), the amount of
104-2 state funds and local maintenance and operations taxes that was
104-3 available to a school district in the preceding year is the amount
104-4 of state funds distributed to the school district under Chapters 15
104-5 and 16, Education Code, for the preceding school year and the total
104-6 amount of local maintenance and operations taxes imposed by the
104-7 district in the preceding tax year.
104-8 (g) In this section, "weighted students in average daily
104-9 attendance" has the meaning assigned by Section 16.302, Education
104-10 Code.
104-11 (h) <(f)> For purposes of this section, local tax funds
104-12 dedicated to a junior college district under Section 20.48(e),
104-13 <Texas> Education Code, shall be eliminated from the calculation of
104-14 the tax rate adopted by the governing body of the school district.
104-15 However, the funds dedicated to the junior college district are
104-16 subject to Section 26.085 of this code.
104-17 (i) In calculating the school district rollback tax rate for
104-18 a school district for the 1993 tax year, county education district
104-19 taxes received by the school district for the 1992-1993 school year
104-20 are treated as state funds distributed to the district under
104-21 Chapter 16, Education Code, for that school year. This subsection
104-22 expires January 1, 1995.
104-23 <(g) If a school district is certified by the commissioner
104-24 of education under Section 16.251(c), Education Code, to have been
104-25 subject to a reduction in total revenue for the school year ending
104-26 on August 31 of the tax year:>
104-27 <(1) the district's effective maintenance and
105-1 operations rate for the tax year is calculated as provided by
105-2 Section 26.012, except that last year's levy is reduced by the
105-3 amount of taxes imposed in the preceding year, if any, to offset
105-4 the amount of any reduction certified by the commissioner of
105-5 education under Section 16.251(c), Education Code, for the school
105-6 year ending on August 31 of the preceding year; and>
105-7 <(2) the district's rollback tax rate for the tax year
105-8 calculated as provided by Section 26.04 or by Subsection (e) of
105-9 this section, as applicable, is increased by the tax rate that, if
105-10 applied to the current total value for the school district, would
105-11 impose taxes in an amount equal to the amount of the reduction
105-12 certified by the commissioner of education under Section 16.251(c),
105-13 Education Code, for the school year ending on August 31 of the tax
105-14 year.>
105-15 <(i) If a school district is certified by the commissioner
105-16 of education under Section 16.254(e), Education Code, to have been
105-17 subject to a reduction in state funds for the school year ending on
105-18 August 31 of the tax year:>
105-19 <(1) the district's effective maintenance and
105-20 operations rate for the tax year is calculated as provided by
105-21 Section 26.012, except that last year's levy is reduced by the
105-22 amount of taxes imposed in the preceding year, if any, to offset
105-23 the amount of any reduction in state funds certified by the
105-24 commissioner of education under Section 16.254, Education Code, for
105-25 the school year ending on August 31 of the preceding year; and>
105-26 <(2) the district's rollback tax rate for the tax year
105-27 calculated as provided by Section 26.04 or by Subsection (e) of
106-1 this section, as applicable, is increased by the tax rate that, if
106-2 applied to the current total value for the school district, would
106-3 impose taxes in an amount equal to the amount of the reduction in
106-4 state funds certified by the commissioner of education under
106-5 Section 16.254, Education Code, for the school year ending on
106-6 August 31 of the tax year.>
106-7 <(j) In a school district that received distributions from
106-8 an equalization tax imposed under Chapter 18, Education Code, the
106-9 effective rate of that tax as of the date of the county-unit
106-10 system's abolition is added to the district's effective maintenance
106-11 and operations rate under Subsections (a) and (e) of this section
106-12 in the calculation of the district's rollback tax rate.>
106-13 SECTION 2.05. It is the intent of the 73rd Legislature that,
106-14 in case of a conflict, the funding provisions for an optional
106-15 extended year program as provided by Section 21.562, Education
106-16 Code, as added by this Act, control over any other funding
106-17 provisions for the program enacted by the 73rd Legislature during
106-18 its regular session.
106-19 SECTION 2.06. (a) Notwithstanding the requirement in
106-20 Section 16.254, Education Code, as amended by this Act, requiring
106-21 determinations under that section to be based on estimates provided
106-22 under Section 16.2541, Education Code, as added by this Act, or on
106-23 different estimates provided by the General Appropriations Act, for
106-24 the biennium ending August 31, 1995, determinations required under
106-25 Section 16.254 shall be based on estimates provided by the
106-26 Legislative Budget Board model run, number 401, as adjusted to
106-27 reflect options exercised by school districts under Chapter 36,
107-1 Education Code, as added by this Act.
107-2 (b) Changes in funding to school districts for special
107-3 education under Sections 16.151(a) and (b), Education Code, and
107-4 under Section 16.101, Education Code, to the extent of its
107-5 reference to the mainstream instructional arrangement, as those
107-6 sections are amended by this Act, apply beginning with the
107-7 1994-1995 school year. For the 1993-1994 school year, the weights
107-8 provided by Sections 16.151(a) and (b), Education Code, as those
107-9 sections existed before amendment by this Act, apply to funding to
107-10 school districts for special education and those sections are
107-11 continued in effect for that purpose.
107-12 (c) Any other changes in the funding of public schools made
107-13 by this Act apply beginning with the 1993-1994 school year.
107-14 SECTION 2.07. To the extent that reenactment of Chapter 16,
107-15 Education Code, by this article conflicts with another enactment of
107-16 the 73rd Legislature, Regular Session, 1993, amending a provision
107-17 of that chapter, the other enactment prevails without regard to the
107-18 relative dates of enactment.
107-19 SECTION 2.08. This article takes effect immediately.
107-20 ARTICLE 3
107-21 SECTION 3.01. Subsection (c), Section 21.032, Education
107-22 Code, is amended to read as follows:
107-23 (c) Unless specifically exempted by Section 21.033 of this
107-24 code, a student enrolled in a public school district must attend an
107-25 extended year program provided by a school district for which the
107-26 student is eligible or tutorial classes required by the district
107-27 under Section 21.103(b) of this code. A district shall provide
108-1 transportation services to students required to attend an extended
108-2 year program provided by a school district in the same manner as
108-3 during the regular school year. A school district is not required
108-4 to provide transportation services to accommodate <such> students
108-5 required to attend tutorial classes under Section 21.103(b).
108-6 SECTION 3.02. Section 21.502, Education Code, is amended to
108-7 read as follows:
108-8 Sec. 21.502. Definitions. As used in this subchapter,
108-9 "special services" means:
108-10 (1) "special teaching," which may be provided by
108-11 professional and paraprofessional personnel in the following
108-12 instructional settings:
108-13 (A) resource room;
108-14 (B) self-contained classroom, regular or special
108-15 campus;
108-16 (C) hospital or community class;
108-17 (D) homebound or bedside;
108-18 (E) speech or hearing therapy class; or
108-19 (F) mainstream; or
108-20 (2) "related services," which are developmental,
108-21 corrective, supportive, or evaluative services, not instructional
108-22 in nature, that may be required for the proper development and
108-23 implementation of a handicapped student's individualized
108-24 educational plan, including but not limited to special
108-25 transportation, school health services, counseling with students or
108-26 families, psychological services, audiological services, visual
108-27 training, medical or psychiatric diagnostic services, occupational
109-1 therapy, physical therapy, recreational therapy, social work
109-2 services, parent counseling and training, adaptive equipment,
109-3 special seating, orientation and mobility training, speech therapy,
109-4 music therapy, and corrective therapy.
109-5 SECTION 3.03. Subsection (b), Section 21.506, Education
109-6 Code, is amended to read as follows:
109-7 (b) Except as provided by Subsection (c) of this section,
109-8 contracts for residential placements when approved may be paid for
109-9 from a combination of federal, state, and local funds. The local
109-10 share of the total contract cost per pupil is that portion of the
109-11 local tax effort (total dollars generated by debt service and
109-12 maintenance taxes) which exceeds the district's local fund
109-13 assignment under Section 16.252, divided by the average daily
109-14 attendance in the district. If the contract involves a private
109-15 facility, the state share of the total contract cost is that which
109-16 remains after subtracting the local share. If the contract
109-17 involves a public facility other than a program or facility
109-18 administered by the Central Education Agency, the state share is
109-19 that which remains after subtracting the local share from that
109-20 portion of the contract which involves the costs of instructional
109-21 and related services. If the contract involves a program or
109-22 facility administered by the Central Education Agency, there is no
109-23 state share paid from this program.
109-24 SECTION 3.04. Subchapter O, Chapter 21, Education Code, is
109-25 amended by adding Sections 21.562 and 21.563 to read as follows:
109-26 Sec. 21.562. STATE-FUNDED OPTIONAL EXTENDED YEAR PROGRAM.
109-27 (a) A school district may apply to the commissioner of education
110-1 for funding and approval of an extended year program for a period
110-2 not to exceed 30 days for students in kindergarten through grade
110-3 level eight who are identified as likely not to be promoted to the
110-4 next grade level for the succeeding school year.
110-5 (b) The commissioner may adopt rules for the administration
110-6 of programs provided under this section.
110-7 (c) A school district may not enroll more than 12 students
110-8 in a class provided under this section.
110-9 (d) Each class provided under this section shall be taught
110-10 by a teacher who has completed successfully a program that provides
110-11 training to teach a class under this section and that satisfies
110-12 standards the commissioner establishes.
110-13 (e) A student who attends at least 85 percent of the program
110-14 days of a program under this section shall be promoted to the next
110-15 grade level at the beginning of the next school year unless a
110-16 parent of the student presents a written request to the school
110-17 principal that the student not be promoted to the next grade level.
110-18 As soon as practicable after receiving the request from a parent,
110-19 the principal shall hold a formal meeting with the student's
110-20 parent, extended year program teacher, and counselor. During the
110-21 meeting, the principal, teacher, or counselor shall explain the
110-22 longitudinal statistics on the academic performance of students who
110-23 are not promoted to the next grade level and provide information on
110-24 the effect of retention on a student's self-esteem and on the
110-25 likelihood of a student dropping out of school. After the meeting,
110-26 the parent may withdraw the request that the student not be
110-27 promoted to the next grade level. If the parent of a student
111-1 eligible for promotion under this subsection withdraws the request,
111-2 the student shall be promoted. If a student is promoted under this
111-3 subsection, the school district shall continue to use innovative
111-4 practices to ensure that the student is successful in school in
111-5 succeeding years.
111-6 (f) A school district that provides a program under this
111-7 section shall adopt a policy designed to lead to immediate
111-8 reduction and ultimate elimination of student retention.
111-9 (g) A school district may apply for approval under this
111-10 section only for a pilot program for students in grade level one
111-11 for the 1993-1994 school year and only for a pilot program for
111-12 students in grade levels one and two for the 1994-1995 school year.
111-13 The state's share of a pilot program under this section may not
111-14 exceed the amount appropriated for program purposes. Funds
111-15 provided to a pilot program may be used for transportation of
111-16 eligible students. This subsection expires September 1, 1995.
111-17 Sec. 21.563. OPTIONAL EXTENDED YEAR PROGRAM. (a) A school
111-18 district may apply to the commissioner of education for approval to
111-19 provide an extended year program for a period not to exceed 45 days
111-20 for students in kindergarten through grade level eight who would
111-21 otherwise not be promoted.
111-22 (b) In order to provide the funding necessary for a program
111-23 approved under this section, with the approval of the commissioner,
111-24 a school district may provide a number of days of instruction for
111-25 students during the regular school term that is up to five days
111-26 less than the number otherwise required under Section 16.052(a). A
111-27 school district providing a program under this section is not
112-1 entitled to funding appropriated for purposes of providing programs
112-2 under Section 21.562.
112-3 (c) The commissioner may adopt rules for the administration
112-4 of programs provided under this section.
112-5 SECTION 3.05. Subchapter Z, Chapter 21, Education Code, is
112-6 amended by adding Section 21.939 to read as follows:
112-7 Sec. 21.939. LEGISLATIVE LOBBYIST OR LIAISON; PROHIBITION.
112-8 (a) A school district may not employ a person who is required to
112-9 register under Chapter 305, Government Code, by virtue of the
112-10 person's activities on behalf of the school district.
112-11 (b) A school district may not employ a person whose primary
112-12 duties are activities related to proposed legislation or
112-13 administrative action, including supplying information to members
112-14 of the legislative or executive branch, obtaining information from
112-15 members of the legislative or executive branch, monitoring the
112-16 progress of proposed legislation or administrative action, or
112-17 acting as an advocate or proponent of proposed legislation or
112-18 administrative action.
112-19 (c) A school district that employs a person in violation of
112-20 this section is liable to this state for a civil penalty in an
112-21 amount equal to three times the total compensation the district has
112-22 paid to that person. The attorney general may sue to collect the
112-23 penalty.
112-24 (d) If a civil penalty is imposed against a school district
112-25 under this section, the commissioner of education shall reduce the
112-26 amount allocated to the district from the foundation school fund in
112-27 an amount equal to the compensation paid by the district to the
113-1 person employed in violation of this section.
113-2 SECTION 3.06. This article takes effect immediately and
113-3 applies beginning with the 1993-1994 school year.
113-4 ARTICLE 4
113-5 SECTION 4.01. Subsection (a), Section 11.86, Education Code,
113-6 is amended to read as follows:
113-7 (a) The comptroller shall conduct an annual study using
113-8 comparable sales and generally accepted auditing and sampling
113-9 techniques to determine the total value of all taxable property in
113-10 each <county education> school district <and each of its component
113-11 school districts>. The study shall determine the taxable value of
113-12 all property and of each category of property within the district
113-13 and the productivity value of all land that qualifies for appraisal
113-14 on the basis of its productive capacity and for which the owner has
113-15 applied for and received a productivity appraisal. The comptroller
113-16 shall make appropriate adjustments in the study to account for
113-17 actions taken under Chapter 36. In conducting the study, the
113-18 comptroller shall review the appraisal standards, procedures, and
113-19 methodology used by each appraisal district to determine the
113-20 taxable value of property in each school district. The review must
113-21 test the validity of the taxable values assigned to each category
113-22 of property by the appraisal district:
113-23 (1) using, if appropriate, samples selected through
113-24 generally accepted sampling techniques; and
113-25 (2) according to generally accepted standard
113-26 valuation, statistical compilation, and analysis techniques. If
113-27 the comptroller finds in the annual study that generally accepted
114-1 appraisal standards and practices were used by the appraisal
114-2 district in valuing a particular category of property, and that the
114-3 taxable values assigned to each category of property by the
114-4 appraisal district are valid, the appraisal roll value of that
114-5 category of property is presumed to represent taxable value. In
114-6 the absence of such a presumption, the comptroller shall estimate
114-7 the taxable value of that category of property using generally
114-8 accepted standard valuation, statistical compilation, and analysis
114-9 techniques. For the purposes of this section, "taxable value"
114-10 means market value less:
114-11 (1) the total dollar amount of any exemptions of part
114-12 but not all of the value of taxable property required by the
114-13 constitution or a statute that a district lawfully granted in the
114-14 year that is the subject of the study;
114-15 (2) the total dollar amount of any abatements
114-16 <exemptions> granted before May 31, 1993, within a reinvestment
114-17 zone under agreements authorized by the Property Redevelopment and
114-18 Tax Abatement Act (Chapter 312, Tax Code);
114-19 (3) the total dollar amount of any captured appraised
114-20 value of property that is located in a reinvestment zone and that
114-21 is eligible for tax increment financing under the Tax Increment
114-22 Financing Act (Chapter 311, Tax Code);
114-23 (4) the total dollar amount of any exemptions granted
114-24 under Section 11.251, Tax Code;
114-25 (5) the difference between the market value and the
114-26 productivity value of land that qualifies for appraisal on the
114-27 basis of its productive capacity, except that the productivity
115-1 value may not exceed the fair market value of the land;
115-2 (6) the portion of the appraised value of residence
115-3 homesteads of the elderly on which school district taxes are not
115-4 imposed in the year that is the subject of the study, calculated as
115-5 if the residence homesteads were appraised at the full value
115-6 required by law;
115-7 (7) a portion of the market value of property not
115-8 otherwise fully taxable by the district at market value because of
115-9 action required by statute or the Texas Constitution that, if the
115-10 tax rate adopted by the district is applied to it, produces an
115-11 amount equal to the difference between the tax that the district
115-12 would have imposed on the property if the property were fully
115-13 taxable at market value and the tax that the district is actually
115-14 authorized to impose on the property; and
115-15 (8) the market value of all tangible personal
115-16 property, other than manufactured homes, owned by a family or
115-17 individual and not held or used for the production of income.
115-18 SECTION 4.02. Subchapter B, Chapter 23, Education Code, is
115-19 amended by adding Section 23.34 to read as follows:
115-20 Sec. 23.34. CONTRACTS FOR EDUCATIONAL SERVICES. The board
115-21 of trustees of an independent school district may contract with a
115-22 public or private entity for that entity to provide educational
115-23 services for the district.
115-24 SECTION 4.03. Subsection (f), Section 317.005, Government
115-25 Code, is amended to read as follows:
115-26 (f) The governor or board may adopt an order under this
115-27 section withholding or transferring any portion of the total amount
116-1 appropriated to finance the foundation school program for a fiscal
116-2 year. The governor or board may not adopt such an order if it
116-3 would result in an allocation of money between particular programs
116-4 or statutory allotments under the foundation school program
116-5 contrary to the statutory proration formula provided by Section
116-6 16.254(h) <16.254(d)>, Education Code. The governor or board may
116-7 transfer an amount to the total amount appropriated to finance the
116-8 foundation school program for a fiscal year and may increase the
116-9 basic allotment. The governor or board may adjust allocations of
116-10 amounts between particular programs or statutory allotments under
116-11 the foundation school program only for the purpose of conforming
116-12 the allocations to actual pupil enrollments or attendance.
116-13 SECTION 4.04. Subdivision (12), Section 1.04, Tax Code, is
116-14 amended to read as follows:
116-15 (12) "Taxing unit" means a county, an incorporated
116-16 city or town (including a home-rule city), a school district, <a
116-17 county education district,> a special district or authority
116-18 (including a junior college district, a hospital district, a
116-19 district created by or pursuant to the Water Code, a mosquito
116-20 control district, a fire prevention district, or a noxious weed
116-21 control district), or any other political unit of this state,
116-22 whether created by or pursuant to the constitution or a local,
116-23 special, or general law, that is authorized to impose and is
116-24 imposing ad valorem taxes on property even if the governing body of
116-25 another political unit determines the tax rate for the unit or
116-26 otherwise governs its affairs.
116-27 SECTION 4.05. Section 6.02, Tax Code, is amended by amending
117-1 Subsections (b) and (f) and adding Subsection (g) to read as
117-2 follows:
117-3 (b) A taxing unit <other than a county education district>
117-4 that has boundaries extending into two or more counties may choose
117-5 to participate in only one of the appraisal districts. In that
117-6 event, the boundaries of the district chosen extend outside the
117-7 county to the extent of the unit's boundaries. To be effective,
117-8 the choice must be approved by resolution of the board of directors
117-9 of the district chosen. The choice of a school district to
117-10 participate in a single appraisal district does not apply to
117-11 property annexed to the school district under Subchapter C or G,
117-12 Chapter 36, Education Code, unless:
117-13 (1) the school district taxes property other than
117-14 property annexed to the district under Subchapter C or G, Chapter
117-15 36, Education Code, in the same county as the annexed property; or
117-16 (2) the annexed property is contiguous to property in
117-17 the school district other than property annexed to the district
117-18 under Subchapter C or G, Chapter 36, Education Code. <A county
117-19 education district that has boundaries extending into two or more
117-20 counties must participate in each appraisal district in which one
117-21 of its component school districts participates for purposes of
117-22 appraisal of the component school district's territory.>
117-23 (f) All costs of operating an appraisal district in
117-24 territory outside the county for which the appraisal district is
117-25 established are allocated to the taxing unit for which the
117-26 appraisal district appraises property in <that chooses to add> that
117-27 territory <to the district>. If the appraisal district appraises
118-1 property in the same territory for two or more taxing units <add
118-2 the same territory to an appraisal district>, costs of operating
118-3 the district in that territory are allocated to the units in the
118-4 proportion the total dollar amount of taxes each unit imposes in
118-5 that territory bears to the total dollar amount of taxes all taxing
118-6 units participating in the appraisal district impose in that
118-7 territory.
118-8 (g) If property is annexed to a school district under
118-9 Subchapter C or G, Chapter 36, Education Code, the appraisal
118-10 district established for the county in which the property is
118-11 located shall appraise the property for the school district, and
118-12 the school district participates in that appraisal district for
118-13 purposes of the appraisal of that property, except as otherwise
118-14 permitted by Subsection (b).
118-15 SECTION 4.06. Section 6.03, Tax Code, is amended by amending
118-16 Subsections (c) through (e) and adding Subsection (m) to read as
118-17 follows:
118-18 (c) Members of the board of directors are appointed by vote
118-19 of the governing bodies of the incorporated cities and towns, the
118-20 school districts <other than the county education district>, and,
118-21 if entitled to vote, the conservation and reclamation districts
118-22 that participate in the district and of the county. A governing
118-23 body may cast all its votes for one candidate or distribute them
118-24 among candidates for any number of directorships. Conservation and
118-25 reclamation districts are not entitled to vote unless at least one
118-26 conservation and reclamation district in the district delivers to
118-27 the chief appraiser a written request to nominate and vote on the
119-1 board of directors by June 1 of each odd-numbered year. On receipt
119-2 of a request, the chief appraiser shall certify a list by June 15
119-3 of all eligible conservation and reclamation districts that are
119-4 imposing taxes and that participate in the district.
119-5 (d) The voting entitlement of a taxing unit that is entitled
119-6 to vote for directors is determined by dividing the total dollar
119-7 amount of property taxes imposed in the district by the taxing unit
119-8 for the preceding tax year by the sum of the total dollar amount of
119-9 property taxes imposed in the district for that year by each taxing
119-10 unit that is entitled to vote, by multiplying the quotient by
119-11 1,000, and by rounding the product to the nearest whole number.
119-12 That number is multiplied by the number of directorships to be
119-13 filled. <For a school district, the total dollar amount of
119-14 property taxes imposed in the district by the unit is considered to
119-15 be the sum of the taxes imposed by the district and the revenue
119-16 received by the district from the county education district.> A
119-17 taxing unit participating in two or more districts is entitled to
119-18 vote in each district in which it participates, but only the taxes
119-19 imposed in a district are used to calculate voting entitlement in
119-20 that district.
119-21 (e) The chief appraiser shall calculate the number of votes
119-22 to which each taxing unit other than a conservation and reclamation
119-23 district is entitled and shall deliver written notice to each of
119-24 those units of its voting entitlement before October 1 of each
119-25 odd-numbered year. The chief appraiser shall deliver the
119-26 notice:
119-27 (1) to the county judge and each commissioner of the
120-1 county served by the appraisal district;
120-2 (2) to the presiding officer of the governing body of
120-3 each city or town participating in the appraisal district, to the
120-4 city manager of each city or town having a city manager, and to the
120-5 city secretary or clerk, if there is one, of each city or town that
120-6 does not have a city manager; and
120-7 (3) to the presiding officer of the governing body of
120-8 each school district<, other than the county education district,>
120-9 participating in the district and to the superintendent of those
120-10 school districts.
120-11 (m) If a school district participates in an appraisal
120-12 district in which the only property of the school district located
120-13 in the appraisal district is property annexed to the school
120-14 district under Subchapter C or G, Chapter 36, Education Code, an
120-15 individual who does not meet the residency requirements of
120-16 Subsection (a) is eligible to be appointed to the board of
120-17 directors of the appraisal district if:
120-18 (1) the individual is a resident of the school
120-19 district; and
120-20 (2) the individual is nominated as a candidate for the
120-21 board of directors by the school district or, if the taxing units
120-22 have adopted a change in the method of appointing board members
120-23 that does not require a nomination, the school district appoints or
120-24 participates in the appointment of the individual.
120-25 SECTION 4.07. Subsections (d) and (h), Section 6.06, Tax
120-26 Code, are amended to read as follows:
120-27 (d) Each taxing unit participating in the district<, other
121-1 than a county education district,> is allocated a portion of the
121-2 amount of the budget equal to the proportion that the total dollar
121-3 amount of property taxes imposed in the district by the unit for
121-4 the tax year in which the budget proposal is prepared bears to the
121-5 sum of the total dollar amount of property taxes imposed in the
121-6 district by each participating unit for that year. <For a school
121-7 district, other than a county education district, the total dollar
121-8 amount of property taxes imposed in the district by the unit is
121-9 considered to be the sum of the taxes imposed by the district and
121-10 the revenue received by the district from the county education
121-11 district.> If a taxing unit participates in two or more districts,
121-12 only the taxes imposed in a district are used to calculate the
121-13 unit's cost allocations in that district. If the number of real
121-14 property parcels in a taxing unit is less than 5 percent of the
121-15 total number of real property parcels in the district and the
121-16 taxing unit imposes in excess of 25 percent of the total amount of
121-17 the property taxes imposed in the district by all of the
121-18 participating taxing units for a year, the unit's allocation may
121-19 not exceed a percentage of the appraisal district's budget equal to
121-20 three times the unit's percentage of the total number of real
121-21 property parcels appraised by the district.
121-22 (h) If a newly formed taxing unit or a taxing unit that did
121-23 not impose taxes in the preceding year<, other than a county
121-24 education district,> imposes taxes in any tax year, that unit is
121-25 allocated a portion of the amount budgeted to operate the district
121-26 as if it had imposed taxes in the preceding year, except that the
121-27 amount of taxes the unit imposes in the current year is used to
122-1 calculate its allocation. Before the amount of taxes to be imposed
122-2 for the current year is known, the allocation may be based on an
122-3 estimate to which the district board of directors and the governing
122-4 body of the unit agree, and the payments made after that amount is
122-5 known shall be adjusted to reflect the amount imposed. The
122-6 payments of a newly formed taxing unit that has no source of funds
122-7 are postponed until the unit has received adequate tax or other
122-8 revenues.
122-9 SECTION 4.08. Subsections (d), (e), (m), and (n), Section
122-10 11.13, Tax Code, are amended to read as follows:
122-11 (d) In addition to the exemptions provided by Subsections
122-12 (b) and (c) of this section, an individual who is disabled or is 65
122-13 or older is entitled to an exemption from taxation by a taxing unit
122-14 of a portion (the amount of which is fixed as provided by
122-15 Subsection (e) of this section) of the appraised value of his
122-16 residence homestead if the exemption is adopted either:
122-17 (1) by the governing body of the taxing unit <other
122-18 than a county education district>; or
122-19 (2) by a favorable vote of a majority of the qualified
122-20 voters of the taxing unit at an election called by the governing
122-21 body of a taxing unit <other than a county education district>, and
122-22 the governing body shall call the election on the petition of at
122-23 least 20 percent of the number of qualified voters who voted in the
122-24 preceding election of the taxing unit<; or>
122-25 <(3) by a favorable vote of a majority of the
122-26 qualified voters of a county education district at an election held
122-27 under Section 20.950, Education Code>.
123-1 (e) The amount of an exemption adopted as provided by
123-2 Subsection (d) of this section is $3,000 of the appraised value of
123-3 the residence homestead unless a larger amount is specified by:
123-4 (1) the governing body authorizing the exemption if
123-5 the exemption is authorized as provided by Subdivision (1) of
123-6 Subsection (d) of this section; or
123-7 (2) the petition for the election if the exemption is
123-8 authorized as provided by Subdivision (2) of Subsection (d) of this
123-9 section<; or>
123-10 <(3) the proposition approved at an election held
123-11 under Section 20.950, Education Code>.
123-12 (m) In this section:
123-13 (1) "Disabled" means under a disability for purposes
123-14 of payment of disability insurance benefits under Federal Old-Age,
123-15 Survivors, and Disability Insurance.
123-16 (2) "School district" means a political subdivision
123-17 organized to provide general elementary and secondary public
123-18 education. <"School district" includes a county education district
123-19 established by the consolidation of the local school districts in
123-20 its boundaries for the limited purpose of exercising a portion of
123-21 the taxing power previously authorized by the voters in those
123-22 school districts.> "School district" does not include a junior
123-23 college district or a political subdivision organized to provide
123-24 special education services.
123-25 (n) In addition to any other exemptions provided by this
123-26 section, an individual is entitled to an exemption from taxation by
123-27 a taxing unit <other than a county education district> of a
124-1 percentage of the appraised value of his residence homestead if the
124-2 exemption is adopted by the governing body of the taxing unit
124-3 before May 1 in the manner provided by law for official action by
124-4 the body. If the percentage set by the taxing unit produces an
124-5 exemption in a tax year of less than $5,000 when applied to a
124-6 particular residence homestead, the individual is entitled to an
124-7 exemption of $5,000 of the appraised value. The percentage adopted
124-8 by the taxing unit may not exceed 20 percent. <In addition to any
124-9 other exemptions provided by this section, an individual is
124-10 entitled to an exemption from taxation by a county education
124-11 district of a percentage of the appraised value of his residence
124-12 homestead if the exemption is adopted by the voters of the district
124-13 at an election held in the district for that purpose under Section
124-14 20.946, Education Code.> If the percentage set by the voters
124-15 produces an exemption in a tax year of less than $5,000 when
124-16 applied to a particular residence homestead, the individual is
124-17 entitled to an exemption of $5,000 of the appraised value. The
124-18 percentage adopted by the voters may not exceed 20 percent.
124-19 SECTION 4.09. Subsections (c) and (e), Section 11.14, Tax
124-20 Code, are amended to read as follows:
124-21 (c) The governing body of a taxing unit, <other than a
124-22 county education district,> by resolution or order, depending upon
124-23 the method prescribed by law for official action by that governing
124-24 body, may provide for taxation of tangible personal property
124-25 exempted under Subsection (a). <The voters of a county education
124-26 district, by an election held under Section 20.951, Education Code,
124-27 may provide for taxation of tangible personal property exempted
125-1 under Subsection (a).> If a taxing unit provides for taxation of
125-2 tangible personal property as provided by this subsection, the
125-3 exemption prescribed by Subsection (a) does not apply to that unit.
125-4 (e) A political subdivision <other than a county education
125-5 district> choosing to tax property otherwise made exempt by this
125-6 section, pursuant to Article VIII, Section 1(e), of the Texas
125-7 Constitution, may not do so until the governing body of the
125-8 political subdivision has held a public hearing on the matter,
125-9 after having given notice of the hearing at the times and in the
125-10 manner required by this subsection, and has found that the action
125-11 will be in the public interest of all the residents of that
125-12 political subdivision. At the hearing, all interested persons are
125-13 entitled to speak and present evidence for or against taxing the
125-14 property. Not later than the 30th day prior to the date of a
125-15 hearing held under this subsection, notice of the hearing must be:
125-16 (1) published in a newspaper having general
125-17 circulation in the political subdivision and in a section of the
125-18 newspaper other than the advertisement section;
125-19 (2) not less than one-half of one page in size; and
125-20 (3) republished on not less than three separate days
125-21 during the period beginning with the 10th day prior to the hearing
125-22 and ending with the actual date of the hearing.
125-23 SECTION 4.10. Section 21.01, Tax Code, is amended to read as
125-24 follows:
125-25 Sec. 21.01. Real Property. Real property is taxable by a
125-26 taxing unit if located in the unit on January 1, except as provided
125-27 by Chapter 36, Education Code.
126-1 SECTION 4.11. Section 21.02, Tax Code, is amended to read as
126-2 follows:
126-3 Sec. 21.02. TANGIBLE PERSONAL PROPERTY GENERALLY.
126-4 (a) Except as provided by Subsection (b) and Sections 21.021,
126-5 21.04, and 21.05 <of this code>, tangible personal property is
126-6 taxable by a taxing unit if:
126-7 (1) it is located in the unit on January 1 for more
126-8 than a temporary period;
126-9 (2) it normally is located in the unit, even though it
126-10 is outside the unit on January 1, if it is outside the unit only
126-11 temporarily;
126-12 (3) it normally is returned to the unit between uses
126-13 elsewhere and is not located in any one place for more than a
126-14 temporary period; or
126-15 (4) the owner resides (for property not used for
126-16 business purposes) or maintains his principal place of business in
126-17 this state (for property used for business purposes) in the unit
126-18 and the property is taxable in this state but does not have a
126-19 taxable situs pursuant to Subdivisions (1) through (3) of this
126-20 section.
126-21 (b) Tangible personal property having taxable situs at the
126-22 same location as real property detached from a school district and
126-23 annexed by another school district under Chapter 36, Education
126-24 Code, is taxable in the tax year in which the detachment and
126-25 annexation occurs by the same school district by which the real
126-26 property is taxable in that tax year under Chapter 36, Education
126-27 Code. For purposes of this subsection and Chapter 36, Education
127-1 Code, tangible personal property has taxable situs at the same
127-2 location as real property detached and annexed under Chapter 36,
127-3 Education Code, if the detachment and annexation of the real
127-4 property, had it occurred before January 1 of the tax year, would
127-5 have changed the taxable situs of the tangible personal property
127-6 determined as provided by Subsection (a) from the school district
127-7 from which the real property was detached to the school district to
127-8 which the real property was annexed.
127-9 (c) Tangible personal property has taxable situs in a school
127-10 district that is the result of a consolidation under Chapter 36,
127-11 Education Code, in the year in which the consolidation occurs if
127-12 the property would have had taxable situs in the consolidated
127-13 district in that year had the consolidation occurred before January
127-14 1 of that year.
127-15 SECTION 4.12. Section 25.25, Tax Code, is amended by adding
127-16 Subsection (h) to read as follows:
127-17 (h) The chief appraiser shall change the appraisal records
127-18 and school district appraisal rolls promptly to reflect the
127-19 detachment and annexation of property among school districts under
127-20 Subchapter C or G, Chapter 36, Education Code.
127-21 SECTION 4.13. The following provisions are repealed:
127-22 (1) Section 1.05 and Subchapter G, Chapter 20,
127-23 Education Code;
127-24 (2) Sections 6.061(f), 26.12(e), and 312.002(e) and
127-25 (f), Tax Code.
127-26 SECTION 4.14. Effective September 1, 1993, each county
127-27 education district created under Section 2, Chapter 20, Acts of the
128-1 72nd Legislature, Regular Session, 1991, is abolished.
128-2 SECTION 4.15. (a) On August 31, 1993, each county education
128-3 district shall transfer its funds to its component school districts
128-4 in the manner provided by rule of the commissioner of education,
128-5 except any penalties paid to a county education district in 1993
128-6 shall be allocated to the school district that is the situs of the
128-7 property that incurred the penalties.
128-8 (b) On September 1, 1993, any assets of a county education
128-9 district other than funds are transferred to its component school
128-10 districts in the manner and amounts provided by rule of the
128-11 commissioner of education.
128-12 (c) On September 1, 1993, the contracts and other
128-13 liabilities of a county education district are transferred to its
128-14 component school districts in the manner and amounts, including
128-15 joint obligations, provided by rule of the commissioner of
128-16 education.
128-17 (d) The records of the board of a county education district
128-18 shall be maintained as provided by rule of the commissioner of
128-19 education.
128-20 (e) The component school districts of a county education
128-21 district abolished by this Act may collect and use or distribute
128-22 taxes imposed by the county education district that are delinquent
128-23 in the manner provided by rule of the commissioner of education.
128-24 SECTION 4.16. This article takes effect immediately and
128-25 applies beginning with the 1993-1994 school year.
128-26 ARTICLE 5
128-27 SECTION 5.01. Subchapter Z, Chapter 13, Education Code, is
129-1 amended by adding Section 13.914 to read as follows:
129-2 Sec. 13.914. LOANED TEACHERS. (a) A school district may by
129-3 agreement with a business, including a sole proprietorship or
129-4 corporation, accept for special employment as a classroom teacher
129-5 with the district a person employed by the business subject to the
129-6 conditions prescribed by Subsection (b).
129-7 (b) An agreement under Subsection (a) must provide that:
129-8 (1) the salary of the loaned teacher is paid by the
129-9 business according to the contractual relationship between the
129-10 business and the loaned teacher;
129-11 (2) the school district shall supervise the loaned
129-12 teacher in the performance of teaching activities; and
129-13 (3) all health and accident insurance and pension
129-14 benefits of the loaned teacher are the exclusive obligation of the
129-15 business.
129-16 (c) The commissioner of education may adopt guidelines for
129-17 an agreement under this section and may authorize the expenditure
129-18 of Central Education Agency funds for the recruiting and employment
129-19 of loaned teachers under this section.
129-20 (d) The State Board of Education by rule may provide a
129-21 one-year exemption for a loaned teacher from the teacher
129-22 certification requirements of this chapter and may provide minimum
129-23 standards and educational experience for qualifications for the
129-24 exemption.
129-25 SECTION 5.02. This article takes effect immediately.
129-26 ARTICLE 6
129-27 SECTION 6.01. Subsections (a) and (b), Section 4.25,
130-1 Education Code, are amended to read as follows:
130-2 (a) If any parent or person standing in parental relation to
130-3 a child, within the compulsory school attendance ages and not
130-4 lawfully exempt or properly excused from school attendance, fails
130-5 to require such child to attend school for such periods as required
130-6 by law, it shall be the duty of the proper attendance officer to
130-7 warn, in writing, the parent or person standing in parental
130-8 relation that attendance must be immediately required. If after
130-9 this warning the parent or person standing in parental relation
130-10 intentionally, knowingly, recklessly, or with criminal negligence
130-11 fails to require the child to attend school as required by law and
130-12 the child has unexcused voluntary absences for the amount of time
130-13 specified under Section 51.03(b)(2), Family Code, the parent or
130-14 person standing in parental relation commits an offense. The
130-15 attendance officer shall file a complaint against him in the county
130-16 court, in the justice court of his resident precinct, or in the
130-17 municipal court of the municipality in which he resides or in the
130-18 municipality or justice of the peace precinct in which the school
130-19 is located. In addition, if the child has unexcused voluntary
130-20 absences for the amount of time specified under Section
130-21 51.03(b)(2), Family Code <been voluntarily absent from school for
130-22 10 or more days or parts of days within a six-month period or three
130-23 or more days or parts of days within a four-week period without the
130-24 consent of his parents>, the attendance officer shall refer the
130-25 child to the county juvenile probation department for action as
130-26 conduct indicating a need for supervision under that section
130-27 <Section 51.03(b), Family Code>. A court in which a complaint is
131-1 filed under this subsection shall give preference to a hearing on
131-2 the complaint over other cases before the court. An offense under
131-3 this section is punishable by a fine of not less than $10 <$5> nor
131-4 more than $50 <$25> for the first offense, not less than $20 <$10>
131-5 nor more than $100 <$50> for the second offense, and not less than
131-6 $50 <$25> nor more than $200 <$100> for a subsequent offense. Each
131-7 day the child remains out of school after the warning has been
131-8 given or the child ordered to school by the juvenile court may
131-9 constitute a separate offense. If the court probates the sentence,
131-10 the court may require the defendant to render personal services to
131-11 a charitable or educational institution as a condition of
131-12 probation.
131-13 (b) A fine collected under this section shall be deposited
131-14 as follows:
131-15 (1) one-half shall be deposited to the credit of the
131-16 operating fund of the school district in which the child attends
131-17 school; and
131-18 (2) one-half shall be deposited to the credit of:
131-19 (A) the general fund of the county, if the
131-20 complaint is filed in the county court or justice court; or
131-21 (B) the general fund of the municipality, if the
131-22 complaint is filed in municipal court <It is a defense to
131-23 prosecution under Subsection (a) of this section that the parent or
131-24 person standing in parental relation to the child is unable to
131-25 compel the child to attend school>.
131-26 SECTION 6.02. Chapter 54, Family Code, is amended by adding
131-27 Section 54.043 to read as follows:
132-1 Sec. 54.043. MONITORING SCHOOL ATTENDANCE. If the court
132-2 places a child on probation under Section 54.04(d) and requires as
132-3 a condition of probation that the child attend school, the
132-4 probation officer charged with supervising the child shall monitor
132-5 the child's school attendance and report to the court if the child
132-6 is voluntarily absent from school.
132-7 SECTION 6.03. (a) The change in law made by this article
132-8 applies only to an offense committed on or after the effective date
132-9 of this article. For the purposes of this section, an offense is
132-10 committed before the effective date of this article if any element
132-11 of the offense occurs before the effective date.
132-12 (b) An offense committed before the effective date of this
132-13 article is covered by the law in effect when the offense was
132-14 committed, and the former law is continued in effect for that
132-15 purpose.
132-16 SECTION 6.04. This article takes effect September 1, 1993.
132-17 ARTICLE 7
132-18 SECTION 7.01. Title 2, Education Code, is amended by adding
132-19 Chapter 35 to read as follows:
132-20 CHAPTER 35. PUBLIC SCHOOL SYSTEM ACCOUNTABILITY
132-21 SUBCHAPTER A. GENERAL PROVISIONS
132-22 Sec. 35.001. PUBLIC EDUCATION GOALS. The objective of state
132-23 support and maintenance of a system of public education is
132-24 education for good citizenship and is grounded on the conviction
132-25 that a general diffusion of knowledge is essential for the welfare
132-26 of Texas and for the preservation of the liberties and rights of
132-27 citizens. The goals of public education are as follows:
133-1 GOAL A: All students shall have access to an education of
133-2 high quality that will prepare them to participate fully now and in
133-3 the future in the social, economic, and educational opportunities
133-4 available in Texas.
133-5 GOAL B: The achievement gap between educationally
133-6 disadvantaged students and other populations will be closed.
133-7 Through enhanced dropout prevention efforts, the graduation rate
133-8 will be raised to 95 percent of students who enter the seventh
133-9 grade.
133-10 GOAL C: The state shall demonstrate exemplary performance in
133-11 comparison to national and international standards for student
133-12 performance.
133-13 GOAL D: A well-balanced and appropriate curriculum will be
133-14 provided to all students.
133-15 GOAL E: Qualified and effective personnel will be attracted
133-16 and retained. Adequate and competitive compensation commensurate
133-17 with responsibilities will be ensured. Qualified staff in critical
133-18 shortage areas will be recruited, trained, and retained.
133-19 GOAL F: The organization and management of all levels of the
133-20 education system will be productive, efficient, and accountable.
133-21 GOAL G: Instruction and administration will be improved
133-22 through research that identifies creative and effective methods.
133-23 Demonstration programs will be developed and local initiatives
133-24 encouraged for new instructional arrangements and management
133-25 techniques. Technology will be used to increase the equity,
133-26 efficiency, and effectiveness of student learning, instructional
133-27 management, staff development, and administration.
134-1 SUBCHAPTER B. ASSESSMENT OF ACADEMIC SKILLS
134-2 Sec. 35.021. ESSENTIAL SKILLS AND KNOWLEDGE. (a) The State
134-3 Board of Education by rule shall establish the essential skills and
134-4 knowledge that all students should learn to achieve the goals
134-5 provided under Section 35.001.
134-6 (b) Before adopting rules under this section, the board
134-7 shall consider the comments of the Legislative Education Board as
134-8 required under Section 11.24.
134-9 Sec. 35.022. ASSESSMENT PROGRAM. (a) The State Board of
134-10 Education by rule shall create and implement a statewide assessment
134-11 program that is primarily performance-based to ensure school
134-12 accountability for student achievement that achieves the goals
134-13 provided under Section 35.001. After adopting rules under this
134-14 section, the State Board of Education shall consider the importance
134-15 of maintaining stability in the statewide assessment program when
134-16 adopting any subsequent modification of the rules.
134-17 (b) Before adopting rules under this section, the State
134-18 Board of Education shall consider the comments of the Legislative
134-19 Education Board as required under Section 11.24.
134-20 Sec. 35.023. ADOPTION AND ADMINISTRATION OF INSTRUMENTS.
134-21 (a) The Central Education Agency shall adopt appropriate
134-22 criterion-referenced assessment instruments designed to assess
134-23 competencies in reading, writing, social studies, science,
134-24 mathematics, and other subject areas determined by the State Board
134-25 of Education. Assessment in reading and mathematics shall be
134-26 annual for all nonexempt pupils in grades three through eight and
134-27 assessment shall be periodic in other areas as determined by the
135-1 State Board of Education.
135-2 (b) The Central Education Agency shall also adopt secondary
135-3 exit-level assessment instruments designed to assess competencies
135-4 in mathematics, social studies, science, and English language arts
135-5 and other subject areas determined by the State Board of Education.
135-6 The English language arts section must include the assessment of
135-7 writing competencies. The State Board of Education shall
135-8 administer the assessment instruments.
135-9 (c) The State Board of Education shall adopt a schedule for
135-10 the administration of secondary exit-level assessment instruments.
135-11 Each pupil who did not perform satisfactorily on any secondary
135-12 exit-level assessment instrument when initially tested shall be
135-13 given multiple opportunities to retake that assessment instrument.
135-14 (d) An assessment instrument adopted under this section may
135-15 include multiple sets of questions with one set administered to
135-16 each group of students assessed in order to enhance security and
135-17 broaden the total curriculum elements assessed.
135-18 (e) The assessment instruments shall be designed to include
135-19 assessment of a student's problem-solving ability and
135-20 complex-thinking skills.
135-21 (f) The assessment instruments required by Subsections (a)
135-22 and (b) must include assessments of social studies and science not
135-23 later than the 1994-1995 school year. The State Board of Education
135-24 may adopt a schedule for the addition of the assessment of those
135-25 subjects at the required grade levels in phases. This subsection
135-26 expires August 31, 1995.
135-27 (g) The State Board of Education may adopt one appropriate,
136-1 nationally recognized, norm-referenced assessment instrument in
136-2 reading and mathematics to be administered uniformly in the spring.
136-3 If adopted, a norm-referenced assessment instrument must be a
136-4 secured test. The state may pay the costs of purchasing and
136-5 scoring the adopted assessment instrument and of distributing the
136-6 results of the adopted instrument to the school districts. A
136-7 district that administers the norm-referenced test adopted under
136-8 this section shall report the results to the Central Education
136-9 Agency in a manner prescribed by the commissioner of education.
136-10 (h) Not later than the 1994-1995 school year, the Central
136-11 Education Agency shall adopt end-of-course tests for grades nine
136-12 through 12 for subjects as defined by the commissioner of education
136-13 and the State Board of Education.
136-14 (i) The Central Education Agency shall notify school
136-15 districts and campuses of the results of assessment instruments
136-16 administered under this section at the earliest possible date
136-17 determined by the State Board of Education but not later than the
136-18 beginning of the subsequent school year.
136-19 (j) The provisions of this section are subject to
136-20 modification by rules adopted under Section 35.022. Each
136-21 assessment instrument adopted under those rules must be reliable
136-22 and valid and must meet federal requirements for measurement of
136-23 student progress.
136-24 Sec. 35.024. SATISFACTORY PERFORMANCE. (a) The State Board
136-25 of Education shall determine the level of performance considered to
136-26 be satisfactory on the assessment instruments.
136-27 (b) Each school district shall offer an intensive program of
137-1 instruction for students who did not perform satisfactorily on an
137-2 assessment instrument administered under this subchapter. The
137-3 intensive programs shall be designed to enable the students to be
137-4 performing at grade level at the conclusion of the next regular
137-5 school term.
137-6 (c) The Central Education Agency shall develop and
137-7 distribute study guides to assist parents in providing assistance
137-8 during the period that school is recessed for summer to students
137-9 who do not perform satisfactorily on one or more parts of an
137-10 assessment instrument administered under this subchapter. The
137-11 commissioner of education shall retain a portion of the total
137-12 amount of funds allotted under Section 16.152(a) that the
137-13 commissioner considers appropriate to finance the development and
137-14 distribution of the study guides and shall reduce each district's
137-15 allotment proportionately.
137-16 Sec. 35.025. EXIT-LEVEL PERFORMANCE REQUIRED. (a) A
137-17 student may not receive a high school diploma until the student has
137-18 performed satisfactorily on the secondary exit-level assessment
137-19 instruments for reading, writing, and mathematics. The State Board
137-20 of Education shall adopt a schedule for the addition of
137-21 satisfactory performance on secondary exit-level assessment
137-22 instruments in other subject areas as a requirement for receipt of
137-23 a high school diploma.
137-24 (b) Each time a secondary exit-level assessment instrument
137-25 is administered, a student who has not been given a high school
137-26 diploma because of a failure to perform satisfactorily on the
137-27 assessment instrument for that subject area may retake the
138-1 assessment instrument.
138-2 (c) A student who has been denied a high school diploma
138-3 under Subsections (a) and (b) and who subsequently performs
138-4 satisfactorily on each secondary exit-level assessment instrument
138-5 shall be issued a high school diploma.
138-6 Sec. 35.026. LOCAL OPTION. In addition to the assessment
138-7 instruments adopted by the Central Education Agency and
138-8 administered by the State Board of Education, a local school
138-9 district may adopt and administer criterion-referenced or
138-10 norm-referenced assessment instruments, or both, at any grade
138-11 level. A norm-referenced assessment instrument adopted under this
138-12 section must be economical, nationally recognized, and
138-13 state-approved.
138-14 Sec. 35.027. EXEMPTION. (a) Any student who has a physical
138-15 or mental impairment or a learning disability that prevents the
138-16 student from mastering the competencies which the academic skills
138-17 assessment instruments are designed to measure may be exempted from
138-18 the requirements of this subchapter.
138-19 (b) The State Board of Education shall adopt rules under
138-20 which a district may determine if a student is eligible for an
138-21 exemption under this section. The Central Education Agency shall
138-22 closely monitor compliance with those rules.
138-23 (c) The State Board of Education shall adopt rules under
138-24 which a dyslexic student who is not exempt under this section may
138-25 utilize procedures including but not limited to oral examinations
138-26 where appropriate and the allowance of additional time and the
138-27 materials or technology necessary for the student to demonstrate
139-1 the student's mastery of the competencies the assessment
139-2 instruments are designed to measure.
139-3 Sec. 35.028. COMPARISON OF STATE RESULTS TO NATIONAL
139-4 RESULTS. The state assessment program shall obtain nationally
139-5 comparative results for the subject areas and grade levels for
139-6 which criterion-referenced assessment instruments are adopted under
139-7 Section 35.023.
139-8 Sec. 35.029. MIGRANT WORKERS. (a) The State Board of
139-9 Education by rule may provide alternate dates for the
139-10 administration of the assessments to a student whose parent or
139-11 guardian is a migrant worker and who travels with the parent or
139-12 guardian. The alternate dates may be chosen following a
139-13 consideration of migrant work patterns, and the dates selected may
139-14 afford maximum opportunity for the students to be present when the
139-15 assessment instruments are administered.
139-16 (b) In this section, "migrant worker" means an individual
139-17 who is employed in agricultural labor of a seasonal or temporary
139-18 nature and whose work requires the individual to be absent
139-19 overnight from the individual's residence.
139-20 Sec. 35.030. CONFIDENTIALITY; PERFORMANCE REPORTS. (a) In
139-21 adopting academic skills assessment instruments under this
139-22 subchapter, the State Board of Education or a local school district
139-23 shall ensure the security of the instruments and tests in their
139-24 preparation, administration, and grading. Meetings or portions of
139-25 meetings held by the State Board of Education or a local school
139-26 district at which individual assessment instruments or assessment
139-27 instrument items are discussed or adopted are not open to the
140-1 public under Chapter 271, Acts of the 60th Legislature, Regular
140-2 Session, 1967 (Article 6252-17, Vernon's Texas Civil Statutes), and
140-3 the assessment instruments or assessment instrument items are
140-4 confidential.
140-5 (b) The results of individual student performance on
140-6 academic skills assessment instruments administered under this
140-7 subchapter are confidential and may be made available only to the
140-8 student, the student's parent or guardian, the school personnel
140-9 directly involved with the student's educational program, and the
140-10 Central Education Agency as required by this subchapter. However,
140-11 overall student performance data shall be aggregated by grade
140-12 level, subject area, campus, and district and made available to the
140-13 public, with appropriate interpretations, at regularly scheduled
140-14 meetings of the governing board of each school district. The
140-15 information may not contain the names of individual students or
140-16 teachers. The commissioner of education shall compile all of the
140-17 data and report it to the legislature, lieutenant governor, and
140-18 governor no later than January 1 of each odd-numbered year.
140-19 (c) In compiling performance data under Subsection (b), a
140-20 district or the commissioner of education may aggregate separately
140-21 from the performance data of other students the performance data of
140-22 students enrolled in:
140-23 (1) a bilingual education or special language program
140-24 under Subchapter L, Chapter 21; or
140-25 (2) a special education program under Subchapter N,
140-26 Chapter 21.
140-27 Sec. 35.031. COST. The cost of preparing, administering, or
141-1 grading the assessment instruments shall be paid from the
141-2 compensatory aid provided by Section 16.152, and each district
141-3 shall bear the cost in the same manner described for a reduction in
141-4 allotments under Section 16.254. If a district does not receive an
141-5 allocation of compensatory aid, the commissioner of education shall
141-6 subtract the cost from the district's other foundation school fund
141-7 allocations.
141-8 Sec. 35.032. BIENNIAL REPORTS. The State Board of Education
141-9 shall biennially report to the legislature an evaluation of the
141-10 correlation between student grades and student performance on
141-11 assessment instruments administered under this subchapter. The
141-12 report may be included with other reports made as required by law.
141-13 Sec. 35.033. ASSESSMENT INSTRUMENT STANDARDS; CIVIL PENALTY.
141-14 (a) A company or organization may not distribute to, sell to, or
141-15 grade for the same school district the same form of an assessment
141-16 instrument for more than three school years. A school district may
141-17 not use the same form of an assessment instrument for more than
141-18 three years.
141-19 (b) A company or organization that grades an assessment
141-20 instrument shall report the results to the district and to the
141-21 Central Education Agency by campus and district and in comparison
141-22 to state and national averages, unless the agency requests a report
141-23 of the results in another form.
141-24 (c) State and national norms of averages shall be computed
141-25 using data that are not more than two years old at the time the
141-26 assessment instrument is administered and that are representative
141-27 of the group of students to whom the assessment instrument is
142-1 administered. The standardization norms shall be based on a
142-2 national probability sample that meets accepted standards for
142-3 educational and psychological testing and shall be updated at least
142-4 every two years using proven psychometric procedures approved by
142-5 the State Board of Education.
142-6 (d) A company or organization that reports results using
142-7 national norms that are not calculated in compliance with
142-8 Subsection (c) is liable to the state in an amount equal to three
142-9 times the amount of actual damages. The actual damages are
142-10 presumed to be at least equal to the amount charged by the company
142-11 or organization to a school district for the assessment instrument,
142-12 including any charge for grading the assessment instrument. The
142-13 attorney general, a district attorney, or a county attorney may
142-14 bring suit to collect the damages on the request of the State Board
142-15 of Education or on the request of a student or a parent or guardian
142-16 of a student to whom the assessment instrument was administered.
142-17 (e) The State Board of Education shall adopt rules for the
142-18 implementation of this section and for the maintenance of the
142-19 security of the contents of all assessment instruments.
142-20 (f) In this section, "assessment instrument" means a
142-21 group-administered achievement test.
142-22 SUBCHAPTER C. PERFORMANCE INDICATORS
142-23 Sec. 35.041. ACADEMIC EXCELLENCE INDICATORS. (a) The State
142-24 Board of Education, on the advice of the Legislative Education
142-25 Board, shall adopt a set of indicators of the quality of learning
142-26 on a campus. The State Board of Education biennially shall review
142-27 the indicators for the consideration of appropriate revisions.
143-1 (b) Performance on the indicators adopted under this section
143-2 shall be compared to state-established standards. The degree of
143-3 change from one school year to the next in performance on each
143-4 indicator adopted under this section shall also be considered. The
143-5 indicators must be based on information that is disaggregated with
143-6 respect to race, ethnicity, gender, and socioeconomic status and
143-7 must include:
143-8 (1) the results of assessment instruments required
143-9 under Subchapter B aggregated by grade level and subject area;
143-10 (2) dropout rates;
143-11 (3) student attendance rates;
143-12 (4) high school end-of-course examinations adopted by
143-13 the State Board of Education;
143-14 (5) the percentage of graduating students who attain
143-15 scores on the secondary exit-level assessment instruments required
143-16 under Subchapter B that are equivalent to a passing score on the
143-17 test instrument required under Section 51.306;
143-18 (6) the percentage of graduating students who meet the
143-19 course requirements established by the State Board of Education for
143-20 career or college preparation program designations when available;
143-21 (7) the results of the Scholastic Assessment Test
143-22 (SAT) and the American College Test; and
143-23 (8) any other indicator the State Board of Education
143-24 adopts.
143-25 (c) Performance on the indicator under Subsection (b)(1)
143-26 shall be compared to state standards, required improvement, and
143-27 comparable improvement. The state standard shall be established by
144-1 the commissioner of education. Required improvement is defined as
144-2 the progress necessary for the campus or district to meet state
144-3 standards and for its students to meet exit requirements as defined
144-4 by the commissioner of education. Comparable improvement is
144-5 derived by measuring campuses and districts against a profile
144-6 developed from a total state student performance data base which
144-7 exhibits substantial equivalence to the characteristics of students
144-8 served by the campus or district, including but not limited to past
144-9 academic performance, socioeconomic status, ethnicity, and limited
144-10 English proficiency.
144-11 (d) The State Board of Education shall report the status of
144-12 education in the state as reflected by the indicators to the
144-13 legislature not later than February 1 of each odd-numbered year.
144-14 (e) Annually, the commissioner of education shall define
144-15 exemplary, recognized, and unacceptable performance for each
144-16 academic excellence indicator included under Subsections (b)(1)
144-17 through (6) and shall project the standards for each of those
144-18 levels of performance for succeeding years.
144-19 Sec. 35.042. PERFORMANCE REPORT. (a) Each board of
144-20 trustees shall publish an annual report describing the educational
144-21 performance of the district and of each campus in the district that
144-22 includes uniform student performance and descriptive information as
144-23 determined under rules adopted by the commissioner of education.
144-24 The annual report must also include campus performance objectives
144-25 established under Section 21.7532 and the progress of each campus
144-26 toward those objectives, which shall be available to the public.
144-27 The annual report must also include the performance rating for the
145-1 district as provided under Section 35.062(a) and the performance
145-2 rating of each campus in the district as provided under Section
145-3 35.062(c). Supplemental information to be included in the reports
145-4 shall be determined by the local board of trustees. Performance
145-5 information in the annual reports on the indicators established
145-6 under Section 35.041 and descriptive information required by this
145-7 section shall be provided by the Central Education Agency.
145-8 (b) The board of trustees shall hold a hearing for public
145-9 discussion of the report. The board of trustees shall notify
145-10 property owners and parents in the district of the hearing. After
145-11 the hearing the report shall be widely disseminated within the
145-12 district in a manner to be determined under rules adopted by the
145-13 commissioner of education.
145-14 (c) The report must also include a comparison provided by
145-15 the Central Education Agency of:
145-16 (1) the performance of each campus to its previous
145-17 performance and to state-established standards;
145-18 (2) the performance of each district to its previous
145-19 performance and to state-established standards; and
145-20 (3) the performance of each campus or district to
145-21 comparable improvement.
145-22 (d) The report may include the following information:
145-23 (1) student information, including total enrollment,
145-24 enrollment by ethnicity, economic status, and grade groupings and
145-25 retention rates;
145-26 (2) financial information, including revenues and
145-27 expenditures;
146-1 (3) staff information, including number and type of
146-2 staff by sex, ethnicity, years of experience, and highest degree
146-3 held, teacher and administrator salaries, and teacher turnover; and
146-4 (4) program information, including student enrollment
146-5 by program, teachers by program, and instructional operating
146-6 expenditures by program.
146-7 (e) The State Board of Education by rule shall authorize the
146-8 combination of this report with other reports and financial
146-9 statements and shall restrict the number and length of reports that
146-10 school districts, school district employees, and school campuses
146-11 are required to prepare.
146-12 (f) The report must include a statement of the amount, if
146-13 any, of the school district's unencumbered surplus fund balance as
146-14 of the last day of the preceding fiscal year and the percentage of
146-15 the preceding year's budget that the surplus represents.
146-16 Sec. 35.043. CAMPUS REPORT CARD. (a) Each school year, the
146-17 Central Education Agency shall prepare and distribute to each
146-18 school district a report card for each campus. The campus report
146-19 cards must be based on the most current data available
146-20 disaggregated by student groups. Campus performance must be
146-21 compared to previous campus and district performance, current
146-22 district performance, state established standards, and comparable
146-23 campus group performance.
146-24 (b) The report card shall include the following information
146-25 where applicable:
146-26 (1) student performance on state adopted assessment
146-27 instruments;
147-1 (2) attendance;
147-2 (3) dropout rate;
147-3 (4) student performance on college admissions tests;
147-4 (5) student/teacher ratios; and
147-5 (6) administrative and instructional costs per
147-6 student.
147-7 (c) The commissioner of education shall adopt rules for
147-8 requiring dissemination of campus report cards annually to the
147-9 parent of or person standing in parental relation to each student
147-10 at the campus. On written request, the school district shall
147-11 provide a copy of a campus report card to any other party.
147-12 Sec. 35.044. USES OF PERFORMANCE REPORT. The information
147-13 required to be reported under Section 35.042 shall be:
147-14 (1) the subject of public hearings or meetings
147-15 required under Sections 21.930, 21.931, and 35.042;
147-16 (2) a primary consideration in district and campus
147-17 planning; and
147-18 (3) a primary consideration of:
147-19 (A) the State Board of Education in the
147-20 evaluation of the performance of the commissioner of education;
147-21 (B) the commissioner of education in the
147-22 evaluation of the performance of the directors of the regional
147-23 education service centers;
147-24 (C) the board of trustees of a school district
147-25 in the evaluation of the performance of the superintendent of the
147-26 district; and
147-27 (D) the superintendent in the evaluation of the
148-1 performance of the district's campus principals.
148-2 SUBCHAPTER D. ACCREDITATION STATUS
148-3 Sec. 35.061. ACCREDITATION REQUIRED. Each school district
148-4 must be accredited by the Central Education Agency.
148-5 Sec. 35.062. ACCREDITATION STANDARDS. (a) The State Board
148-6 of Education shall adopt rules for the accreditation of school
148-7 districts. The rules shall include criteria to evaluate the
148-8 performance of school districts and to assign to districts that are
148-9 accredited and that have a performance in one of the categories
148-10 described below an additional performance rating as follows:
148-11 (1) exemplary (meets or exceeds state exemplary
148-12 standards);
148-13 (2) recognized (meets or exceeds required improvement
148-14 and within 10 percent of state exemplary standards); or
148-15 (3) accredited warned (below the state clearly
148-16 unacceptable performance standard and does not meet required
148-17 improvement).
148-18 (b) The academic excellence indicators adopted under
148-19 Sections 35.041(b)(1) through (6) shall be the main consideration
148-20 of the Central Education Agency in the rating of the district under
148-21 this section. Additional criteria in the accreditation rules may
148-22 include consideration of:
148-23 (1) goals and objectives of the district;
148-24 (2) compliance with statutory requirements and
148-25 requirements imposed by rule of the State Board of Education under
148-26 statutory authority;
148-27 (3) the relation between the academic excellence
149-1 indicators adopted by the State Board of Education under Section
149-2 35.041 and the campus performance objectives established under
149-3 Section 21.7532, including the manner in which the campus
149-4 performance objectives were established and the progress of the
149-5 campus in meeting the objectives;
149-6 (4) the quality of learning on each of the district's
149-7 campuses based on indicators including scores on achievement tests;
149-8 (5) the quality of the district's appraisal of teacher
149-9 performance and of administrator performance;
149-10 (6) the effectiveness of the district's principals as
149-11 instructional leaders;
149-12 (7) the effectiveness of the district's campuses on
149-13 the basis of the most current criteria identified by research on
149-14 effective schools;
149-15 (8) the fulfillment of curriculum requirements;
149-16 (9) the effectiveness of the district's programs in
149-17 special education based on the Central Education Agency's most
149-18 recent compliance review of the district and programs for special
149-19 populations;
149-20 (10) the effectiveness of district and campus staff
149-21 development programs;
149-22 (11) the effective use of technology to enhance
149-23 student achievement;
149-24 (12) the effectiveness of the district's remedial and
149-25 support programs under Section 21.557 for students at risk of
149-26 dropping out of school;
149-27 (13) the effectiveness of the district's dropout
150-1 prevention and recovery programs;
150-2 (14) efficient allocation of available resources;
150-3 (15) the presence and quality of comprehensive and
150-4 developmental guidance and counseling programs on campuses;
150-5 (16) the quality and effectiveness of the district's
150-6 vocational education program; and
150-7 (17) the effectiveness of the board of trustees in
150-8 governing the district.
150-9 (c) The Central Education Agency shall evaluate against
150-10 state standards and shall report the performance of each campus in
150-11 a district on the basis of the campus's performance on the
150-12 indicators adopted under Sections 35.041(b)(1) through (6).
150-13 Sec. 35.063. DETERMINING ACCREDITATION STATUS. (a) The
150-14 Central Education Agency shall annually review the performance of
150-15 each district and campus on the indicators adopted under Sections
150-16 35.041(b)(1) through (6) and determine if a change in the
150-17 accreditation status of the district is warranted.
150-18 (b) Each annual review shall include an analysis of the
150-19 indicators under Sections 35.041(b)(1) through (6) to determine
150-20 district and campus performance in relation to:
150-21 (1) standards established for each indicator;
150-22 (2) required improvement as defined under Section
150-23 35.041(c); and
150-24 (3) comparable improvement as defined by Section
150-25 35.041(c).
150-26 (c) A district's accreditation rating may be raised or
150-27 lowered based on the district's performance or may be lowered based
151-1 on the unacceptable performance of one or more campuses in the
151-2 district.
151-3 (d) In compliance with Section 21.925, the State Board of
151-4 Education shall make optimum use of the agency's public education
151-5 information management system to minimize the written reporting
151-6 requirements of school districts.
151-7 (e) Beginning not later than the 1993-1994 school year, the
151-8 commissioner of education shall notify a district that is rated
151-9 accredited warned and the performance of the district or a campus
151-10 in the district is below each standard under Subsection (b) and
151-11 shall require the district to notify property owners and parents in
151-12 the district of the lowered accreditation rating and its
151-13 implication.
151-14 Sec. 35.064. ON-SITE INVESTIGATIONS. (a) The commissioner
151-15 of education may direct the Central Education Agency to conduct
151-16 on-site investigations at any time and may raise or lower the
151-17 accreditation rating as a result of the investigation.
151-18 (b) The commissioner of education shall determine the
151-19 frequency of on-site investigations by the Central Education Agency
151-20 according to annual comprehensive analyses of student performance
151-21 and equity in relation to the academic excellence indicators
151-22 adopted under Section 35.041.
151-23 (c) In making an on-site accreditation investigation, the
151-24 investigators shall obtain information from administrators,
151-25 teachers, and parents of students enrolled in the district. The
151-26 investigation may not be closed until information is obtained from
151-27 each of those sources. The State Board of Education shall adopt
152-1 rules for:
152-2 (1) obtaining information from parents and using that
152-3 information in the investigator's report; and
152-4 (2) obtaining information from teachers in a manner
152-5 that prevents a campus or district from screening the information.
152-6 (d) The Central Education Agency shall give written notice
152-7 to the superintendent and the board of trustees of any impending
152-8 investigation of the district's accreditation.
152-9 (e) If an annual review indicates low performance on one or
152-10 more of the indicators under Sections 35.041(b)(1) through (6) of
152-11 one or more campuses in a district, the Central Education Agency
152-12 may conduct an on-site evaluation of those campuses only.
152-13 (f) The investigators shall report orally and in writing to
152-14 the board of trustees of the district and, as appropriate, to
152-15 campus administrators and shall make recommendations concerning any
152-16 necessary improvements or sources of aid such as regional education
152-17 service centers.
152-18 Sec. 35.065. SPECIAL ACCREDITATION INVESTIGATIONS. (a) The
152-19 commissioner of education shall authorize special accreditation
152-20 investigations to be conducted under the following circumstances:
152-21 (1) when excessive numbers of absences of students
152-22 eligible to be tested on state assessment instruments are
152-23 determined;
152-24 (2) when excessive numbers of allowable exemptions
152-25 from the required state assessment are determined;
152-26 (3) in response to complaints submitted to the Central
152-27 Education Agency with respect to any of the following:
153-1 (A) alleged violations of civil rights or other
153-2 requirements imposed on the state by federal law or court order; or
153-3 (B) alleged violations of the accreditation
153-4 criteria related to effective governance operations; or
153-5 (4) in response to established compliance reviews of
153-6 the district's financial accounting practices and state and federal
153-7 program requirements.
153-8 (b) Based on the results of a special accreditation
153-9 investigation, the commissioner of education may lower the
153-10 district's accreditation rating and may take appropriate action
153-11 under Subchapter G.
153-12 Sec. 35.066. AGENCY ASSISTANCE. The Central Education
153-13 Agency shall provide assistance to districts which have been found
153-14 to have difficulty meeting accreditation standards.
153-15 SUBCHAPTER E. SUCCESSFUL SCHOOLS AWARDS
153-16 Sec. 35.081. CREATION OF SYSTEM. The Texas Successful
153-17 Schools Awards System is created to recognize and reward those
153-18 schools and school districts that demonstrate progress or success
153-19 in achieving the education goals of the state.
153-20 Sec. 35.082. TYPES OF AWARDS. (a) The governor may present
153-21 a financial award to the schools or districts that the commissioner
153-22 of education determines have demonstrated the highest levels of
153-23 sustained success or the greatest improvement in achieving the
153-24 education goals. For each student in average daily attendance,
153-25 each of those schools or districts is entitled to an amount set for
153-26 the award for which the school or district is selected by the
153-27 commissioner of education, subject to any limitation set by the
154-1 commissioner on the total amount that may be awarded to a school or
154-2 district.
154-3 (b) The governor may present proclamations or certificates
154-4 to additional schools and districts determined to have met or
154-5 exceeded the education goals.
154-6 (c) The commissioner of education may establish additional
154-7 categories of awards and award amounts for a school or district
154-8 determined to be successful under Subsection (a) or (b) that are
154-9 contingent on the school's or district's involvement with paired,
154-10 lower-performing schools.
154-11 Sec. 35.083. AWARDS. (a) The criteria which the
154-12 commissioner of education shall use to select successful schools
154-13 and districts shall be related to the goals in Section 35.001 and
154-14 shall include consideration of performance on the academic
154-15 excellence indicators adopted under Section 35.041. For purposes
154-16 of selecting schools and districts under Section 35.082(a), each
154-17 school's performance shall be compared to state standards and to
154-18 its previous performance.
154-19 (b) The commissioner of education shall select annually
154-20 schools and districts qualified to receive successful school awards
154-21 for their performance and report the selections to the governor and
154-22 the State Board of Education.
154-23 (c) The Central Education Agency shall notify each school
154-24 district of the manner in which the district or a school in the
154-25 district may qualify for a successful school award.
154-26 Sec. 35.084. USE OF AWARDS. (a) In determining the use of
154-27 a monetary award received under this subchapter, a school or
155-1 district shall give priority to academic enhancement purposes. The
155-2 award may not be used for any purpose related to athletics, and it
155-3 may not be used to substitute for or replace funds already in the
155-4 regular budget for a school or district.
155-5 (b) The school committee established under Section 21.931
155-6 shall determine the use of the funds awarded to a school under this
155-7 subchapter. The professional staff, as that term is used in
155-8 Section 21.930, shall determine the use of the funds awarded to the
155-9 school district under this subchapter.
155-10 Sec. 35.085. FUNDING. The award system may be funded by
155-11 donations, grants, or legislative appropriations. The commissioner
155-12 of education may solicit and receive grants and donations for the
155-13 purpose of making awards under this subchapter. A small portion of
155-14 the award funds may be used by the commissioner of education to pay
155-15 for the costs associated with sponsoring a ceremony to recognize or
155-16 present awards to schools or districts under this subchapter. The
155-17 donations, grants, or legislative appropriations shall be accounted
155-18 for and distributed by the Central Education Agency. The awards
155-19 are subject to audit requirements established by the State Board of
155-20 Education.
155-21 Sec. 35.086. CONFIDENTIALITY. All information and reports
155-22 received by the commissioner of education under this subchapter
155-23 from schools or school districts deemed confidential under the open
155-24 records law, Chapter 424, Acts of the 63rd Legislature, Regular
155-25 Session, 1973 (Article 6252-17a, Vernon's Texas Civil Statutes),
155-26 are confidential and may not be disclosed in any public or private
155-27 proceeding.
156-1 SUBCHAPTER F. ADDITIONAL REWARDS
156-2 Sec. 35.101. RECOGNITION AND REWARDS. The State Board of
156-3 Education shall develop a plan for recognizing and rewarding school
156-4 districts and campuses that are rated as exemplary or recognized
156-5 and for developing a network for sharing proven successful
156-6 practices statewide and regionally.
156-7 Sec. 35.102. EXCELLENCE EXEMPTIONS. (a) Except as provided
156-8 by Subsection (b), a school campus or district that is rated
156-9 exemplary is exempt from requirements and prohibitions imposed
156-10 under this code including rules adopted under this code.
156-11 (b) A school campus or district is not exempt under this
156-12 section from a prohibition on conduct that constitutes a criminal
156-13 offense. A school campus or district is not exempt under this
156-14 section from requirements imposed by federal law or rule including
156-15 requirements for special education or bilingual education programs.
156-16 Except as provided by Subsection (d), a school campus or district
156-17 is not exempt under this section from a requirement or prohibition
156-18 imposed by state law or rule relating to:
156-19 (1) curriculum essential elements, excluding the
156-20 methodology used by a teacher and the time spent by a teacher or a
156-21 student on a particular task or subject;
156-22 (2) restrictions on extracurricular activities;
156-23 (3) health and safety;
156-24 (4) competitive bidding;
156-25 (5) textbook selection;
156-26 (6) elementary school class size limits;
156-27 (7) removal of a disruptive student from the
157-1 classroom;
157-2 (8) suspension or expulsion of a student;
157-3 (9) at-risk programs;
157-4 (10) prekindergarten programs;
157-5 (11) minimum graduation requirements; or
157-6 (12) educational employee and educational support
157-7 employee rights and benefits. In this section, "educational
157-8 support employee" means a full-time or part-time school employee
157-9 not defined as a "teacher" by Section 21.201(1).
157-10 (c) The Central Education Agency shall monitor and evaluate
157-11 deregulation of a school campus or district under this section and
157-12 Section 11.273 and report annually on the effect of deregulation on
157-13 student achievement to the State Board of Education, the
157-14 Legislative Education Board, the governor, the lieutenant governor,
157-15 the speaker of the house of representatives, and the legislature.
157-16 The report must include a list of the exemptions utilized and a
157-17 review of the effectiveness of the waivers and exemptions programs.
157-18 (d) The commissioner of education may exempt an exemplary
157-19 school campus from elementary class size limits under this section
157-20 if the school campus submits to the commissioner a written plan
157-21 showing steps that will be taken to ensure that the exemption from
157-22 the class size limits will not be harmful to the academic
157-23 achievement of the students on the school campus. The commissioner
157-24 shall review achievement levels annually. The exemption remains in
157-25 effect until the commissioner determines that achievement levels of
157-26 the campus have declined.
157-27 SUBCHAPTER G. ACCREDITATION SANCTIONS
158-1 Sec. 35.121. SANCTIONS. (a) If a district does not satisfy
158-2 the accreditation criteria, the commissioner of education shall
158-3 take any of the following actions, listed in order of severity, to
158-4 the extent the commissioner determines necessary:
158-5 (1) issue public notice of the deficiency to the board
158-6 of trustees;
158-7 (2) order a hearing conducted by the board of trustees
158-8 of the district for the purpose of notifying the public of the
158-9 unacceptable performance, the improvements in performance expected
158-10 by the Central Education Agency, and the sanctions that may be
158-11 imposed under this section if the performance does not improve;
158-12 (3) order the preparation of a student achievement
158-13 improvement plan that addresses each academic excellence indicator
158-14 for which the district's performance is unacceptable, the
158-15 submission of the plan to the commissioner of education for
158-16 approval, and implementation of the plan;
158-17 (4) order a hearing to be held before the commissioner
158-18 of education or the commissioner's designee at which the president
158-19 of the board of trustees of the district and the superintendent
158-20 shall appear and explain the district's low performance, lack of
158-21 improvement, and plans for improvement;
158-22 (5) arrange an on-site investigation of the district;
158-23 (6) appoint an agency monitor to participate in and
158-24 report to the agency on the activities of the board of trustees or
158-25 the superintendent;
158-26 (7) appoint a master to oversee the operations of the
158-27 district;
159-1 (8) appoint a management team to direct the operations
159-2 of the district in areas of unacceptable performance;
159-3 (9) if a district has been rated as accredited warned
159-4 for a period of one year or more, appoint a board of managers
159-5 composed of residents of the district to exercise the powers and
159-6 duties of the board of trustees; or
159-7 (10) if a district has been rated as accredited warned
159-8 for a period of two years or more, annex the district to one or
159-9 more adjoining districts under Section 19.027.
159-10 (b) If a campus performance is below any standard under
159-11 Section 35.063(b), the campus is considered a low-performing campus
159-12 and the commissioner of education may take any of the following
159-13 actions, listed in order of severity, to the extent the
159-14 commissioner determines necessary:
159-15 (1) issue public notice of the deficiency to the board
159-16 of trustees;
159-17 (2) order a hearing conducted by the board of trustees
159-18 at the campus for the purpose of notifying the public of the
159-19 unacceptable performance, the improvements in performance expected
159-20 by the Central Education Agency, and the sanctions that may be
159-21 imposed under this section if the performance does not improve
159-22 within a designated period of time and of soliciting public comment
159-23 on the initial steps being taken to improve performance;
159-24 (3) order the preparation of a student achievement
159-25 improvement plan that addresses each academic excellence indicator
159-26 for which the campus's performance is unacceptable, the submission
159-27 of the plan to the commissioner of education for approval, and
160-1 implementation of the plan;
160-2 (4) order a hearing to be held before the commissioner
160-3 of education or the commissioner's designee at which the president
160-4 of the board of trustees, the superintendent, and the campus
160-5 principal shall appear and explain the campus's low performance,
160-6 lack of improvement, and plans for improvement;
160-7 (5) appoint a special campus intervention team to:
160-8 (A) conduct a comprehensive on-site evaluation
160-9 of each low-performing campus to determine the cause for the
160-10 campus's low performance and lack of progress;
160-11 (B) recommend actions, including reallocation of
160-12 resources and technical assistance, changes in school procedures or
160-13 operations, staff development for instructional and administrative
160-14 staff, intervention for individual administrators or teachers,
160-15 waivers from state statute or rule, or other actions the team
160-16 considers appropriate;
160-17 (C) assist in the development of a campus plan
160-18 for student achievement; and
160-19 (D) assist the commissioner of education in
160-20 monitoring the progress of the campus in implementing the campus
160-21 plan for improvement of student achievement;
160-22 (6) if a campus has been a low-performing campus for a
160-23 period of one year or more, appoint a board of managers composed of
160-24 residents of the district to exercise the powers and duties of the
160-25 board of trustees of the district in relation to the campus; or
160-26 (7) if a campus has been a low-performing campus for a
160-27 period of two years or more, order closure of the school program on
161-1 the campus.
161-2 (c) The commissioner of education shall review annually the
161-3 performance of a district or campus subject to this section to
161-4 determine the appropriate actions to be implemented under this
161-5 section. The commissioner must review at least annually the
161-6 performance of a district for which the accreditation rating has
161-7 been lowered due to unacceptable student performance and may not
161-8 raise the rating until the district has demonstrated improved
161-9 student performance. If the review reveals a lack of improvement,
161-10 the commissioner shall increase the level of state intervention and
161-11 sanction unless the commissioner finds good cause for maintaining
161-12 the current status. At the beginning of the 1993-1994 school year,
161-13 the Central Education Agency shall rate any district with clearly
161-14 unacceptable performance as accredited warned and the commissioner
161-15 of education shall begin appropriate intervention in the district.
161-16 The commissioner of education shall report annually to the
161-17 governor, lieutenant governor, and the speaker of the house of
161-18 representatives on districts or campuses subject to this section
161-19 the actions taken by the commissioner to improve student
161-20 performance and the results of those actions.
161-21 (d) The costs of providing a monitor, master, management
161-22 team, or special campus intervention team shall be paid by the
161-23 district.
161-24 (e) A master or management team appointed to oversee the
161-25 operations of the district shall prepare a plan for the
161-26 implementation of action under Subsection (a)(9) or (10) and may:
161-27 (1) direct an action to be taken by the principal of a
162-1 campus, the superintendent of the district, or the board of
162-2 trustees of the district; or
162-3 (2) approve or disapprove any action of the principal
162-4 of a campus, the superintendent of the district, or the board of
162-5 trustees of the district.
162-6 (f) A special campus intervention team appointed under this
162-7 section may consist of teachers, principals, other educational
162-8 professionals, and superintendents recognized for excellence in
162-9 their roles and appointed by the commissioner of education to serve
162-10 as members of a team.
162-11 (g) If the commissioner of education appoints a board of
162-12 managers to govern a district, the powers of the board of trustees
162-13 of the district are suspended for the period of the appointment and
162-14 the commissioner shall appoint a district superintendent.
162-15 Notwithstanding any other provision of this code, the board of
162-16 managers may amend the budget of the district.
162-17 (h) If the commissioner of education appoints a board of
162-18 managers to govern a campus, the powers of the board of trustees of
162-19 the district in relation to the campus are suspended for the period
162-20 of the appointment and the commissioner shall appoint a campus
162-21 principal. Notwithstanding any other provision of this code, the
162-22 board of managers may submit to the commissioner for approval
162-23 amendments to the budget of the district for the benefit of the
162-24 campus. If the commissioner approves the amendments, the board of
162-25 trustees of the district shall adopt the amendments.
162-26 SECTION 7.02. Section 11.273, Education Code, is amended by
162-27 amending Subsection (e) and adding Subsection (h) to read as
163-1 follows:
163-2 (e) A school campus or district may not receive an exemption
163-3 or waiver under this section from requirements imposed by federal
163-4 law or rule, including requirements for special education or
163-5 bilingual education programs. Except as provided by Subsection
163-6 (h), a <A> school campus or district may not receive an exemption
163-7 or waiver under this section from a requirement or prohibition
163-8 imposed by state law or rule relating to:
163-9 (1) curriculum essential elements, excluding the
163-10 methodology used by a teacher and the time spent by a teacher or a
163-11 student on a particular task or subject;
163-12 (2) restrictions on extracurricular activities;
163-13 (3) health and safety;
163-14 (4) competitive bidding;
163-15 (5) elementary school class size limits, except as
163-16 provided by Section 16.054;
163-17 (6) minimum graduation requirements;
163-18 (7) removal of a disruptive student from the
163-19 classroom;
163-20 (8) suspension or expulsion of a student;
163-21 (9) at risk programs;
163-22 (10) prekindergarten programs;
163-23 (11) educational employee and educational support
163-24 employee rights and benefits. In this section, "educational
163-25 support employee" means a full-time or part-time school employee
163-26 not defined as a "teacher" by Section 21.201(1) of this code; or
163-27 (12) special education or bilingual education
164-1 programs.
164-2 (h) The commissioner of education may grant to a school
164-3 district or campus that is required to develop and implement a
164-4 student achievement improvement plan under Section 35.121 an
164-5 exemption or waiver from any law or rule other than a prohibition
164-6 on conduct that constitutes a criminal offense or a requirement
164-7 imposed by federal law or rule. A school campus or district may
164-8 not receive an exemption or waiver under this section from a
164-9 requirement or prohibition imposed by state law or rule relating to
164-10 educational employee and educational support employee rights and
164-11 benefits. In this section, "educational support employee" means a
164-12 full-time or part-time school employee not defined as a "teacher"
164-13 by Section 21.201(1).
164-14 SECTION 7.03. Section 11.62, Education Code, is amended to
164-15 read as follows:
164-16 Sec. 11.62. Organization and Regulations. (a) The State
164-17 Department of Education shall be organized into divisions and
164-18 subdivisions established by the commissioner of education <subject
164-19 to the approval of the State Board of Education>.
164-20 (b) Directors of the major divisions of the State Department
164-21 of Education, and all of its other employees, shall be appointed by
164-22 the commissioner of education <pursuant to general rules and
164-23 regulations adopted by the State Board of Education>.
164-24 (c) The rules and regulations pertaining to personnel
164-25 administration shall include a comprehensive classification plan,
164-26 including an appropriate title for each position, a description of
164-27 duties and responsibilities, and the minimum requirements of
165-1 training, experience, and other qualifications essential for
165-2 adequate performance of the work. These rules and regulations
165-3 shall likewise provide <tenure safeguards,> leave and retirement
165-4 provisions<,> and establish hearing procedures.
165-5 SECTION 7.04. Section 13.351, Education Code, is amended by
165-6 adding Subsection (c) to read as follows:
165-7 (c) The duties of the superintendent include:
165-8 (1) assuming administrative responsibility and
165-9 leadership for the planning, operation, supervision, and evaluation
165-10 of the education programs, services, and facilities of the district
165-11 and for the annual performance appraisal of the district's staff;
165-12 (2) assuming administrative authority and
165-13 responsibility for the assignment and evaluation of all personnel
165-14 of the district other than the superintendent and making
165-15 recommendations regarding the selection, promotion, and dismissal
165-16 of such personnel, except as provided by Section 13.352 of this
165-17 code;
165-18 (3) managing the day-to-day operations of the district
165-19 as its chief executive officer;
165-20 (4) as directed by local board policy, causing to be
165-21 prepared a budget covering all estimated revenue and proposed
165-22 expenditures of the district for the next succeeding fiscal year,
165-23 according to generally accepted accounting principles, rules
165-24 adopted by the State Board of Education, and adopted policies of
165-25 the board of trustees;
165-26 (5) preparing recommendations for policies to be
165-27 adopted by the board of trustees and overseeing the implementation
166-1 of adopted policies;
166-2 (6) developing or causing to be developed appropriate
166-3 administrative regulations to implement policies established by the
166-4 board of trustees;
166-5 (7) providing leadership for the attainment of student
166-6 performance in the district based on the indicators adopted under
166-7 Section 35.041 and other indicators as may be adopted by the State
166-8 Board of Education or the district's board of trustees; and
166-9 (8) performing any other duties assigned by action of
166-10 the board of trustees.
166-11 SECTION 7.05. Subsections (a), (b), and (d), Section 19.027,
166-12 Education Code, are amended to read as follows:
166-13 (a) The commissioner of education by order may annex to one
166-14 or more adjoining districts a school district that has been rated
166-15 as accredited warned <academically unaccredited> for a period of
166-16 two years.
166-17 (b) The governing board of a district to which territory of
166-18 an accredited warned <academically unaccredited> district is
166-19 annexed is the governing board for the new district.
166-20 (d) Title to the real property of the accredited warned
166-21 <academically unaccredited> district vests in the district to which
166-22 the property is annexed. Each district to which territory is
166-23 annexed assumes and is liable for any portion of the accredited
166-24 warned <academically unaccredited> district's indebtedness that is
166-25 allocated to the receiving district under Section 19.004 of this
166-26 code.
166-27 SECTION 7.06. Subsection (f), Section 21.557, Education
167-1 Code, is amended to read as follows:
167-2 (f) For the purposes of this section, "student at risk of
167-3 dropping out of school" includes:
167-4 (1) each student in grade levels seven through 12 who
167-5 is under 21 years of age and who:
167-6 (A) was not advanced from one grade level to the
167-7 next two or more school years;
167-8 (B) has mathematics or reading skills that are
167-9 two or more years below grade level;
167-10 (C) did not maintain an average equivalent to 70
167-11 on a scale of 100 in two or more courses during a semester, or is
167-12 not maintaining such an average in two or more courses in the
167-13 current semester, and is not expected to graduate within four years
167-14 of the date the student begins ninth grade; or
167-15 (D) did not perform satisfactorily on an
167-16 assessment instrument administered under Subchapter B, Chapter 35
167-17 <this subchapter in the seventh, ninth, or twelfth grade>;
167-18 (2) each student in prekindergarten through grade
167-19 level six who:
167-20 (A) did not perform satisfactorily on a
167-21 readiness test or assessment instrument administered at the
167-22 beginning of the school year;
167-23 (B) did not perform satisfactorily on an
167-24 assessment instrument administered under Subchapter B, Chapter 35
167-25 <this subchapter in the third or fifth grade>;
167-26 (C) is a student of limited English proficiency,
167-27 as defined by Section 21.452 of this code;
168-1 (D) is sexually, physically, or psychologically
168-2 abused;
168-3 (E) engages in conduct described by Section
168-4 51.03(a), Family Code; or
168-5 (F) is otherwise identified as at risk under
168-6 rules adopted by the State Board of Education; and
168-7 (3) each nonhandicapped student who resides in a
168-8 residential placement facility in a district in which the student's
168-9 parent or legal guardian does not reside, including a detention
168-10 facility, substance abuse treatment facility, emergency shelter,
168-11 psychiatric hospital, halfway house, or foster family group home.
168-12 SECTION 7.07. Section 21.930, Education Code, is amended by
168-13 adding Subsection (h) to read as follows:
168-14 (h) The professional staff elected under this section shall
168-15 hold at least one public meeting per year. The required meeting
168-16 shall be held after receipt of the annual district performance
168-17 report from the Central Education Agency for the purpose of
168-18 discussing the performance of the district and the district
168-19 performance objectives.
168-20 SECTION 7.08. Section 21.931, Education Code, is amended by
168-21 adding Subsection (g) to read as follows:
168-22 (g) Each school committee shall hold at least one public
168-23 meeting per year. The required meeting shall be held after receipt
168-24 of the annual campus rating from the Central Education Agency for
168-25 the purpose of discussing the performance of the campus and the
168-26 campus performance objectives.
168-27 SECTION 7.09. Subsection (a), Section 23.33, Education Code,
169-1 is amended to read as follows:
169-2 (a) The State Board of Education shall adopt statewide
169-3 standards for the duties of a school board member as criteria for
169-4 board member training <appoint an advisory committee to develop
169-5 statewide standards on the duties of a school board member. The
169-6 committee shall consist of at least 15 persons knowledgeable in the
169-7 management of the public schools of the state, and no less than
169-8 five members of the committee shall consist of individuals
169-9 currently serving as locally elected school board members>.
169-10 SECTION 7.10. The Educational Economic Policy Center,
169-11 established under Section 34.051, Education Code, shall monitor and
169-12 evaluate the implementation of the accountability system set forth
169-13 in this Act and provide annual progress reports to the governor,
169-14 the Legislative Education Board, and the commissioner of education.
169-15 SECTION 7.11. (a) The Select Committee to Conduct a
169-16 Comprehensive Review of the Central Education Agency and efficient
169-17 use of educational resources in the state is established.
169-18 (b) The committee is composed of:
169-19 (1) the chairs of the Senate Education Committee and
169-20 the House Public Education Committee;
169-21 (2) two members of the senate, appointed by the
169-22 lieutenant governor;
169-23 (3) two members of the house of representatives,
169-24 appointed by the speaker of the house of representatives;
169-25 (4) one teacher, one principal, and one school
169-26 district superintendent, appointed jointly by the lieutenant
169-27 governor and the speaker of the house of representatives; and
170-1 (5) four representatives of businesses and
170-2 communities, at least two of whom have one or more children
170-3 attending the public schools, appointed jointly by the lieutenant
170-4 governor and the speaker of the house of representatives.
170-5 (c) The chairs of the Senate Education Committee and the
170-6 House Public Education Committee serve as co-chairs of the
170-7 committee.
170-8 (d) The committee shall conduct an in-depth and
170-9 comprehensive review of the mission, organization, size, and
170-10 effectiveness of the Central Education Agency. In conducting its
170-11 review, the committee shall study the mission, organizational
170-12 structure, and practices of similar agencies in other states. The
170-13 review must include:
170-14 (1) a study of the agency's success in addressing
170-15 national education goals adopted by the president of the United
170-16 States and the nation's 50 governors and the goals for public
170-17 education provided by Section 35.001, Education Code, as added by
170-18 this Act;
170-19 (2) a study of the agency's organizational mission,
170-20 structure, size, and effectiveness;
170-21 (3) a study of the number and effectiveness of
170-22 committees created under the auspices of the agency or the State
170-23 Board of Education;
170-24 (4) identification of those functions that should be
170-25 performed by the state and those that should be performed
170-26 regionally through regional service centers;
170-27 (5) a study of the adequacy, validity, and timeliness
171-1 of data collected and published by the Public Education Information
171-2 Management System (PEIMS) as provided by Section 16.007, Education
171-3 Code;
171-4 (6) a study of the adequacy and effectiveness of
171-5 programs designed for special populations of students and for
171-6 teacher and administrator staff development;
171-7 (7) a study of the adequacy and effectiveness of
171-8 assistance provided the site-based management teams established
171-9 under Section 21.931, Education Code; and
171-10 (8) a study of the efficient use of state resources,
171-11 school district structure, and opportunities for shared cost in
171-12 order to determine the best management and use of state resources
171-13 and to assist school districts in determining optimum educational
171-14 opportunities.
171-15 (e) The commissioner of education shall ensure that the
171-16 committee has access to any documentation and agency personnel the
171-17 committee requests.
171-18 (f) Meetings of the committee shall be held at the call of
171-19 the co-chairs.
171-20 (g) A majority of the members of the committee constitutes a
171-21 quorum.
171-22 (h) Not later than December 1, 1994, the committee shall
171-23 issue a report stating the findings of its review under Subsection
171-24 (d) of this section, including any recommendations for statutory
171-25 changes. The report must be approved by a majority of the
171-26 membership of the committee. Any dissenting member may attach a
171-27 statement to the report.
172-1 (i) Staff members of the Senate Education Committee and the
172-2 House Public Education Committee shall serve as the staff of the
172-3 committee.
172-4 (j) The Legislative Budget Board, comptroller, state
172-5 auditor, and other state agencies, officials, and personnel shall
172-6 cooperate with the committee in carrying out its duties under this
172-7 section.
172-8 (k) Each member of the committee is entitled to
172-9 reimbursement for actual and necessary expenses incurred in
172-10 performing committee duties. Each legislative member is entitled
172-11 to reimbursement from the appropriate fund of the member's
172-12 respective house. Each public member is entitled to reimbursement
172-13 from funds appropriated to the committee.
172-14 (l) The committee may coordinate its study with any other
172-15 legislative study.
172-16 (m) The committee expires January 10, 1995.
172-17 SECTION 7.12. The following provisions of the Education Code
172-18 are repealed:
172-19 (1) Sections 2.01, 11.272, 21.258, 21.551 through
172-20 21.556, 21.558 through 21.561, 21.751 through 21.7531, and 21.754
172-21 through 21.758; and
172-22 (2) Subchapter A, Chapter 34.
172-23 SECTION 7.13. Section 21.9211, Education Code, is amended by
172-24 amending Subsection (e) and adding Subsections (g) and (h) to read
172-25 as follows:
172-26 (e) The advisory council shall review the rules of the
172-27 University Interscholastic League and shall make recommendations
173-1 relating to the rules to the governor, the legislature, the
173-2 Legislative Council of the University Interscholastic League, and
173-3 <to> the State Board of Education. The advisory council shall
173-4 submit its initial report not later than January 1, 1995 <September
173-5 1, 1990>.
173-6 (g) The advisory council shall study:
173-7 (1) University Interscholastic League policy with
173-8 respect to the eligibility of students to participate in programs;
173-9 (2) geographic distribution of University
173-10 Interscholastic League resources and programs; and
173-11 (3) gender equity.
173-12 (h) No actions of the University Interscholastic League
173-13 relating to the provision of additional programs of school
173-14 districts shall be taken pending submission of a final report by
173-15 the advisory council.
173-16 SECTION 7.14. This article takes effect immediately and
173-17 applies beginning with the 1993-1994 school year.
173-18 ARTICLE 8
173-19 SECTION 8.01. Subchapter Z, Chapter 21, Education Code, is
173-20 amended by adding Section 21.938 to read as follows:
173-21 Sec. 21.938. DISTRICT AND CAMPUS PLANNING PROCESS. (a) The
173-22 board of trustees of each school district shall develop a district
173-23 and campus planning process, utilizing the procedures established
173-24 in Sections 35.041, 21.930, and 21.931, under which the board shall
173-25 adopt a report detailing a plan for the district and plans for each
173-26 campus.
173-27 (b) Each district's report shall include a current analysis
174-1 of student performance based on the academic excellence indicators
174-2 adopted under Section 35.041, campus performance objectives
174-3 established under Section 21.7532, and other measures of student
174-4 performance the board determines and shall include provisions for:
174-5 (1) addressing the needs of district students for
174-6 special programs, such as suicide prevention or dyslexia treatment
174-7 programs;
174-8 (2) requiring the principal of each campus, with the
174-9 assistance of parents and guardians of the school's students, other
174-10 adults in the attendance area, and the professional staff of the
174-11 school, to establish a campus plan consistent with Sections 21.7532
174-12 and 21.931;
174-13 (3) dropout reduction;
174-14 (4) integration of technology in instructional and
174-15 administrative programs;
174-16 (5) discipline management;
174-17 (6) staff development for professional staff of the
174-18 district;
174-19 (7) career education to assist students in developing
174-20 the knowledge, skills, and competencies necessary for a broad range
174-21 of career opportunities;
174-22 (8) compensatory and remedial education as required by
174-23 Section 21.557; and
174-24 (9) other information the board considers useful.
174-25 (c) In the district and campus plan or in another manner
174-26 permitted by federal law, the board shall address any federal
174-27 planning requirements.
175-1 (d) A district report is not filed with the Central
175-2 Education Agency, but the district must make the report available
175-3 to the agency on request.
175-4 SECTION 8.02. Subsection (f), Section 12.65, Education Code,
175-5 is amended to read as follows:
175-6 (f) Covers of all books shall be removed before reissue, and
175-7 the pupils to whom the books are issued shall replace the covers
175-8 <under direction of the teacher>.
175-9 SECTION 8.03. Subsection (a), Section 12.67, Education Code,
175-10 is amended to read as follows:
175-11 (a) If a school district employee enters into a business
175-12 relationship, employment contract, or other transaction with a
175-13 textbook publisher doing business, or with the potential of doing
175-14 business, with the state or a school district in the state and the
175-15 transaction directly or indirectly results in remuneration to the
175-16 employee, the transaction must be registered with the
175-17 superintendent of the school district <and with the commissioner of
175-18 education>.
175-19 SECTION 8.04. Section 21.601, Education Code, is amended to
175-20 read as follows:
175-21 Sec. 21.601. Establishment. <(a)> Each school district may
175-22 establish a school-community guidance center designed to locate and
175-23 assist children with problems which interfere with their education,
175-24 including but not limited to juvenile offenders and children with
175-25 severe behavioral problems or character disorders. The centers
175-26 shall coordinate the efforts of school district personnel, local
175-27 police departments, truant officers, and probation officers in
176-1 working with students, dropouts, and parents in identifying and
176-2 correcting factors which adversely affect the education of the
176-3 children.
176-4 <(b) With the approval of the commissioner of education,
176-5 school districts with an average daily attendance of less than
176-6 6,000 students may cooperate with other districts for the purpose
176-7 of establishing a common center.>
176-8 SECTION 8.05. Section 21.701, Education Code, is amended to
176-9 read as follows:
176-10 Sec. 21.701. Adoption and Approval of Programs. Each school
176-11 district shall adopt and implement a discipline management program
176-12 to be included in the district plan under Section 21.938. <Before
176-13 implementation, the proposed program must be submitted to the
176-14 Central Education Agency, which shall review and approve or reject
176-15 the program.>
176-16 SECTION 8.06. Section 21.702, Education Code, is amended to
176-17 read as follows:
176-18 Sec. 21.702. Content of Approved Programs. A <To be
176-19 approved, a> discipline management program must:
176-20 (1) encourage the commitment, cooperation, and
176-21 involvement of school district administrators, teachers, parents,
176-22 and students in the development of the program;
176-23 (2) encourage the use of the regional education
176-24 service center to assist in developing the program and providing
176-25 training to teachers and administrators;
176-26 (3) require the designation of a person in each school
176-27 with special training in discipline management to implement and
177-1 assess the program in that school and to identify and refer
177-2 appropriate students to school-community guidance programs;
177-3 (4) require the development of a student code of
177-4 conduct that clearly describes the district's expectations with
177-5 respect to student conduct, including provisions similar to the
177-6 Attorney General's Proposed Voluntary Student Code of Conduct of
177-7 1980, and specifies the consequences of violating the code;
177-8 (5) specifically outline the responsibilities of
177-9 teachers, administrators, parents, and students in the discipline
177-10 management program; and
177-11 (6) make parental involvement an integral part of the
177-12 discipline management program, requiring:
177-13 (A) one or more conferences during each school
177-14 year between a teacher and the parents of a student if the student
177-15 is not maintaining passing grades or achieving the expected level
177-16 of performance or presents some other problem to the teacher or in
177-17 any other case the teacher considers necessary;
177-18 (B) parent training workshops for home
177-19 reinforcement of study skills and specific curriculum objectives
177-20 conducted for parents who want to participate and based on interest
177-21 indicated by parents in the community; and
177-22 (C) a written statement signed by each parent
177-23 that the parent understands and consents to the responsibilities
177-24 outlined in the discipline management program.
177-25 SECTION 8.07. Section 21.926, Education Code, is amended to
177-26 read as follows:
177-27 Sec. 21.926. Information to be Posted. (a) For the benefit
178-1 of parents of school age children, each school in a district shall
178-2 post in a conspicuous location in the main administration building
178-3 accessible to the general public<:>
178-4 <(1) a map of the school's attendance area; and>
178-5 <(2) a notice that includes:>
178-6 <(A) the aggregate results by grade level for
178-7 the state and for each campus in the district of assessment
178-8 instruments administered under Section 21.551 of this code for each
178-9 of the preceding three school years and, for each high school, the
178-10 aggregate results by grade level of the most recent administration
178-11 of any norm-referenced assessment instrument, including the
178-12 Scholastic Aptitude Test and American College Testing Program
178-13 assessment instruments;>
178-14 <(B) the total enrollment at each campus in the
178-15 district for each of the four most recent school years;>
178-16 <(C) the ratio of classroom teachers to students
178-17 at each campus in the district;>
178-18 <(D) a statement that copies of the notice and
178-19 of a map of the school's attendance area are available in the
178-20 school's main office; and>
178-21 <(E)> a statement that the district's annual
178-22 performance report is available in the school library.
178-23 (b) <The assessment instrument results posted under
178-24 Subsection (a)(2)(A) of this section must be presented in the form
178-25 of appropriate, nontechnical interpretations in terms
178-26 understandable to the general public.>
178-27 <(c) The board of trustees of the district may prescribe the
179-1 format of the notice required by Subsection (a)(2) of this section.>
179-2 <(d)> Each school shall have available in its main office
179-3 copies of:
179-4 (1) the notice <and map> required to be posted under
179-5 Subsection (a) of this section; and
179-6 (2) a map of the school's attendance area.
179-7 (c) <(e)> Each school shall have available in its library a
179-8 copy of:
179-9 (1) the annual performance report for the district
179-10 required by Section 21.258 of this code; and
179-11 (2) the district and campus plan required by Section
179-12 21.938.
179-13 <(f) Each district shall have available in its
179-14 administration building the information required to be posted by
179-15 Subsection (a) of this section for each school in the district.>
179-16 SECTION 8.08. The following sections of the Education Code
179-17 are repealed: 11.2051, 12.67(c), 14.065, 21.034, 21.1111(d),
179-18 21.253, 21.301(o), 21.557(d), 21.654, and 21.909(d).
179-19 SECTION 8.09. Subsection (c), Section 13.037, Education
179-20 Code, is amended to read as follows:
179-21 (c) The Central Education Agency shall collect and maintain
179-22 <teacher performance data from each district's implementation of
179-23 the statewide appraisal system and shall collect and maintain> data
179-24 from state-mandated tests required for entry to and exit from
179-25 teacher education programs. The Central Education Agency shall
179-26 provide probationary teacher performance data on a regular basis to
179-27 the respective institutions of higher education and to the Texas
180-1 Higher Education Coordinating Board<, Texas College and University
180-2 System>.
180-3 SECTION 8.10. Section 13.103, Education Code, is amended to
180-4 read as follows:
180-5 Sec. 13.103. Probationary Contract: Termination. The board
180-6 of trustees of any school district may terminate the employment of
180-7 any teacher holding a probationary contract at the end of the
180-8 contract period, if in their judgment the best interests of the
180-9 school district will be served thereby; provided, that notice of
180-10 intention to terminate the employment shall be given by the board
180-11 of trustees to the teacher not later than the 60th day before the
180-12 last day of instruction required <on or before April 1, preceding
180-13 the end of the employment term fixed> in the contract. In event of
180-14 failure to give such notice of intention to terminate within the
180-15 time above specified, the board of trustees shall thereby elect to
180-16 employ such probationary teacher in the same capacity, and under
180-17 probationary contract status for the succeeding school year if the
180-18 teacher has been employed by such district for less than three
180-19 successive school years, or in a continuing contract position if
180-20 such teacher has been employed during three consecutive school
180-21 years.
180-22 SECTION 8.11. The heading to Subchapter E, Chapter 13,
180-23 Education Code, is amended to read as follows:
180-24 SUBCHAPTER E. TEACHER APPRAISAL <CAREER LADDER>
180-25 SECTION 8.12. Subsections (a), (c), and (f), Section 13.302,
180-26 Education Code, are amended to read as follows:
180-27 (a) The State Board of Education shall adopt an appraisal
181-1 process and criteria on which to appraise the performance of
181-2 teachers <for career ladder level assignment purposes>. The
181-3 criteria must be based on observable, job-related behavior,
181-4 including teachers' implementation of discipline management
181-5 procedures.
181-6 (c) An <In developing the appraisal process, the board shall
181-7 provide for using not fewer than two appraisers for each appraisal.
181-8 One> appraiser must be the teacher's supervisor or <and one must
181-9 be> a person <as> approved by the board of trustees. An appraiser
181-10 who is a classroom teacher may not appraise the performance of
181-11 another classroom teacher who teaches at the same school campus at
181-12 which the appraiser teaches, unless it is impractical because of
181-13 the number of campuses or unless the appraiser is the chairman of a
181-14 department or grade level whose job description includes classroom
181-15 observation responsibilities. <In a district that uses not more
181-16 than two appraisers per appraisal, the board shall provide for an
181-17 appraisal by a third appraiser from another campus if the
181-18 difference between the appraisals is such that the teacher's
181-19 performance cannot be accurately evaluated.> The board also shall
181-20 provide for a uniform training program and uniform certification
181-21 standards for appraisers to be used throughout the state. The
181-22 board shall include teacher self-appraisal in the process.
181-23 (f) Appraisal for teachers must be detailed by category of
181-24 professional skill and characteristic and must provide for separate
181-25 ratings per category. The appraisal process shall guarantee a
181-26 conference between the teacher and the appraiser. The <appraisers,
181-27 and the> conference shall be diagnostic and prescriptive with
182-1 regard to remediation <as> needed in overall <summary of>
182-2 performance and by category <and identify the required performance
182-3 for advancement to the next level>.
182-4 SECTION 8.13. Section 13.303, Education Code, is amended by
182-5 amending Subsections (a) and (c) and adding Subsection (d) to read
182-6 as follows:
182-7 (a) In appraising teachers, each <Each> school district
182-8 shall use:
182-9 (1) the appraisal process and performance criteria
182-10 developed by the board; or
182-11 (2) an appraisal process and performance criteria
182-12 developed by the school district utilizing the procedures
182-13 established in Sections 21.930 and 21.931 and approved by the
182-14 commissioner of education <in appraising teachers for career ladder
182-15 level assignment purposes>.
182-16 (c) Appraisal shall be done at least <not fewer than:>
182-17 <(1) two times during each school year for
182-18 probationary teachers and for teachers on level one of the career
182-19 ladder; and>
182-20 <(2)> once during each school year. The district
182-21 shall maintain a written copy of the evaluation of each teacher's
182-22 performance in the teacher's personnel file. Each teacher is
182-23 entitled to receive a written copy of the evaluation. After
182-24 receiving a written copy of the evaluation, a teacher is entitled
182-25 to a second appraisal by a different appraiser or to submit a
182-26 written rebuttal to the evaluation to be attached to the evaluation
182-27 in the teacher's personnel file. The evaluation and any rebuttal
183-1 may be given to another school district at which the teacher has
183-2 applied for employment at the request of that district <for
183-3 teachers on levels two, three, and four of the career ladder whose
183-4 performance, on the most recent appraisal, was evaluated as
183-5 exceeding expectations or clearly outstanding. The performance of
183-6 a teacher who, because of unusual circumstances, is appraised only
183-7 once in a particular year shall be evaluated for career ladder
183-8 purposes on the basis of a single appraisal>.
183-9 (d) A teacher may be given advance notice of the date or
183-10 time of an appraisal.
183-11 SECTION 8.14. Section 13.304, Education Code, is amended to
183-12 read as follows:
183-13 Sec. 13.304. PERFORMANCE CATEGORIES. In appraisals of
183-14 teacher performance <for career ladder level assignment purposes>,
183-15 performance <shall be evaluated in the same manner and under the
183-16 same criteria regardless of level. Performance> shall be evaluated
183-17 as:
183-18 (1) unsatisfactory (if the teacher's performance is
183-19 clearly not acceptable in some major area);
183-20 (2) below expectations (if the teacher's performance
183-21 needs improvement in some major areas);
183-22 (3) satisfactory (if the teacher's performance meets
183-23 expectations);
183-24 (4) exceeding expectations (if the teacher's
183-25 performance excels in some major areas); or
183-26 (5) clearly outstanding.
183-27 SECTION 8.15. Subchapter B, Chapter 16, Education Code, is
184-1 amended by adding Section 16.058 to read as follows:
184-2 Sec. 16.058. SALARY OF TEACHER FORMERLY ON CAREER LADDER.
184-3 (a) Notwithstanding any provision to the contrary, a teacher who
184-4 was assigned to a career ladder level under Subchapter E, Chapter
184-5 13, on August 31, 1993, is entitled to receive for the 1993-1994
184-6 school year and each school year thereafter, as long as the teacher
184-7 is employed by the same district, a minimum salary equal to the
184-8 teacher's base salary plus the teacher's career ladder supplement
184-9 in the 1992-1993 school year.
184-10 (b) In this section, "base salary" means the minimum salary
184-11 prescribed by Sections 16.055 and 16.056 plus any amount in excess
184-12 of the minimum salary that a school district pays the teacher.
184-13 SECTION 8.16. Subsection (e), Section 21.112, Education
184-14 Code, is amended to read as follows:
184-15 (e) All new, additional, and continuing vocational programs
184-16 shall offer competency-based instruction. Instruction must be
184-17 based on the essential elements approved by the State Board of
184-18 Education. <A competency profile must be maintained for each
184-19 student enrolled.>
184-20 SECTION 8.17. Subsection (a), Section 21.204, Education
184-21 Code, is amended to read as follows:
184-22 (a) In the event the board of trustees receives a
184-23 recommendation for nonrenewal, the board, after consideration of
184-24 the written evaluations required by Section 21.202 of this
184-25 subchapter and the reasons for the recommendation, shall, in its
184-26 sole discretion, either reject the recommendation or shall give the
184-27 teacher written notice of the proposed nonrenewal not later than
185-1 the 60th day before the last day of instruction required <on or
185-2 before April 1 preceding the end of the employment term fixed> in
185-3 the contract.
185-4 SECTION 8.18. Subsection (b), Section 822.201, Government
185-5 Code, is amended to read as follows:
185-6 (b) "Salary and wages" as used in Subsection (a) means:
185-7 (1) normal periodic payments of money for service the
185-8 right to which accrues on a regular basis in proportion to the
185-9 service performed;
185-10 (2) <career ladder payments of money authorized by
185-11 Section 16.057, Education Code;>
185-12 <(3)> amounts by which the member's salary is reduced
185-13 under a salary reduction agreement authorized by Article 6252-3d,
185-14 Revised Statutes; and
185-15 (3) <(4)> amounts that would otherwise qualify as
185-16 salary and wages under Subdivision (1) <or (2)> but are not
185-17 received directly by the member pursuant to a good faith, voluntary
185-18 written salary reduction agreement in order to finance payments to
185-19 a deferred compensation or tax sheltered annuity program
185-20 specifically authorized by state law or to finance benefit options
185-21 under a cafeteria plan qualifying under Section 125 of the Internal
185-22 Revenue Code of 1986 (26 U.S.C. Section 125), if:
185-23 (A) the program or benefit options are made
185-24 available to all employees of the employer; and
185-25 (B) the benefit options in the cafeteria plan
185-26 are limited to one or more options that provide deferred
185-27 compensation, group health and disability insurance, group term
186-1 life insurance, dependent care assistance programs, or group legal
186-2 services plans.
186-3 SECTION 8.19. Subsection (b), Section 825.405, Government
186-4 Code, is amended to read as follows:
186-5 (b) For purposes of this section, the statutory minimum
186-6 salary is the salary provided by Sections <Section> 16.056 and
186-7 16.058, Education Code, multiplied by the cost of education
186-8 adjustment applicable under Section 16.102, Education Code, to the
186-9 district in which the member is employed<, plus any career ladder
186-10 supplement under Section 16.057, Education Code>.
186-11 SECTION 8.20. The following sections of the Education Code
186-12 are repealed: 12.61(a), 13.301, 13.305, 13.306(b), 13.307-13.317,
186-13 13.319-13.323, and 21.251(c).
186-14 SECTION 8.21. Subsections (a) and (e), Section 13.353,
186-15 Education Code, are amended to read as follows:
186-16 (a) Each school district shall offer in-service training in
186-17 management skills for district administrators, including principals
186-18 and superintendents. The program may be one <programs must be
186-19 consistent with standards or models> adopted by the State Board of
186-20 Education or one approved by the board of trustees and shall
186-21 include management training in site-based decision making
186-22 established under Section 21.931 <must be flexible and draw from a
186-23 variety of offerings both in and out of state>.
186-24 (e) From funds appropriated for that purpose, the Central
186-25 Education Agency may <shall> allocate an amount each year for the
186-26 identification, adaptation, development, and evaluation of
186-27 professional development programs and materials; training of
187-1 trainers; and technical assistance in the development of general
187-2 management and leadership development skills, including skills
187-3 necessary to implement Sections 21.7532, 21.930, and 21.931 of this
187-4 code. The State Board of Education may designate special projects
187-5 and development activities to be carried out with such funds. <The
187-6 manner in which such funds are utilized shall be reported annually
187-7 to the commissioner of education.>
187-8 SECTION 8.22. Subsection (d), Section 13.354, Education
187-9 Code, is amended to read as follows:
187-10 (d) Each school district may <shall> use the appraisal
187-11 process and performance criteria developed by the board in
187-12 evaluating the performance of an administrator.
187-13 SECTION 8.23. The following sections of the Education Code
187-14 are repealed: 12.64 and 13.354(c).
187-15 SECTION 8.24. Subsection (d), Section 21.165, Education
187-16 Code, is amended to read as follows:
187-17 (d) If the requisition is for the purchase of a motor
187-18 vehicle, bus, bus body, or bus chassis, it must be approved by
187-19 either the county school board when funded under law or the board
187-20 of trustees of a school district <and by the commissioner of
187-21 education>.
187-22 SECTION 8.25. Subsections (c) through (i), Section 21.174,
187-23 Education Code, are amended to read as follows:
187-24 (c)(1) Except as provided in Subsections (e) and (f)
187-25 <Subdivision (4) of this subsection>, no county or local district
187-26 school board may purchase or lease or authorize the purchase or
187-27 lease after September 1, 1993 <1991>, of any motor vehicle used for
188-1 transporting school children for any county or local school
188-2 district operating more than 50 such vehicles unless that vehicle
188-3 is capable of using compressed natural gas or other alternative
188-4 fuels which result in comparably lower emissions of oxides of
188-5 nitrogen, volatile organic compounds, carbon monoxide, or
188-6 particulates or any combination thereof.
188-7 (2) A county or local district school board may
188-8 acquire or be provided equipment or refueling facilities necessary
188-9 to operate such vehicles using compressed natural gas or other
188-10 alternative fuels:
188-11 (A) by purchase or lease as authorized by law;
188-12 (B) by gift or loan of the equipment or
188-13 facilities; or
188-14 (C) by gift or loan of the equipment or
188-15 facilities or other arrangement pursuant to a service contract for
188-16 the supply of compressed natural gas or other alternative fuels.
188-17 (3) If such equipment or facilities are donated,
188-18 loaned, or provided through other arrangement with the supplier of
188-19 compressed natural gas or other alternative fuels, the supplier
188-20 shall be entitled to recoup its actual cost of donating, loaning,
188-21 or providing the equipment or facilities through its fuel charges
188-22 under the supply contract.
188-23 <(4) The State Purchasing and General Services
188-24 Commission shall waive the requirements of this section for any
188-25 school district if the county or local district school board
188-26 certifies to the commission that:>
188-27 <(A) the county's or district's vehicles will be
189-1 operating primarily in an area in which neither the county or
189-2 district nor a supplier has or can reasonably be expected to
189-3 establish a central refueling station for compressed natural gas or
189-4 other alternative fuels; or>
189-5 <(B) the county or district is unable to acquire
189-6 or be provided equipment or refueling facilities necessary to
189-7 operate vehicles using compressed natural gas or other alternative
189-8 fuels pursuant to Subdivision (2) of this subsection at a projected
189-9 cost that is reasonably expected to result in no greater net costs
189-10 than the continued use of traditional gasoline or diesel fuels
189-11 measured over the expected useful life of the equipment or
189-12 facilities supplied.>
189-13 <(5) Written notice of the date, hour, place, and
189-14 subject of any county or local district school board meeting called
189-15 for the purpose of considering certification under Subdivision (4)
189-16 of this subsection shall be furnished to the secretary of state,
189-17 who shall then post the notice on a bulletin board to be located in
189-18 the main office of the secretary of state at a place convenient to
189-19 the public and shall have a notice posted on a bulletin board
189-20 located at a place convenient to the public in its central
189-21 administrative office. Notice of the meeting must be posted for at
189-22 least 60 days preceding the scheduled time of the meeting.>
189-23 (d)(1) Any county or local district school board which
189-24 operates a fleet of more than 50 motor vehicles used for
189-25 transporting school children shall ensure that <achieve the
189-26 following percentages of such vehicles capable of using compressed
189-27 natural gas or other alternative fuels by the times specified>:
190-1 (A) not less than 50 percent of its fleet is
190-2 capable of using compressed natural gas or other alternative fuel
190-3 not later than the earlier of September 1, 1997, or four years from
190-4 the date the fleet exceeds 50 vehicles <the percentage shall be
190-5 equal to or greater than 30 percent of the number of such vehicles
190-6 operated by September 1, 1994>; and
190-7 (B) not less than 90 percent of its fleet is
190-8 capable of using compressed natural gas or other alternative fuel
190-9 not later than September 1, 2001 <equal to or greater than 50
190-10 percent of the number of such vehicles operated by September 1,
190-11 1996>.
190-12 (2) A school district may meet the fleet composition
190-13 requirements by converting new or existing vehicles to alternative
190-14 fuel, by replacing existing vehicle engines with alternative fuel
190-15 engines, or by purchasing new alternative fuel vehicles <The Texas
190-16 Air Control Board must review this alternative fuel use program by
190-17 December 31, 1996, and, if the Texas Air Control Board determines
190-18 that the program has been effective in reducing total annual
190-19 emissions from vehicles in the area, county and local district
190-20 school boards operating fleets of more than 50 motor vehicles used
190-21 for transporting school children shall achieve a percentage of such
190-22 vehicles capable of using compressed natural gas or other
190-23 alternative fuels equal to or greater than 90 percent of the number
190-24 of fleet vehicles operated by September 1, 1998, and thereafter>.
190-25 (3) School districts that achieve a fleet composition
190-26 of 30 percent or more alternative fuel vehicles by September 1,
190-27 1994, have priority to receive appropriated or other funds
191-1 available for the purpose of fleet conversion to alternative fuel
191-2 <County and local district school boards shall submit to the
191-3 Central Education Agency annual reports summarizing their progress
191-4 in achieving these percentage requirements and increasing use of
191-5 compressed natural gas or other alternative fuels, and the Central
191-6 Education Agency shall submit the summaries to the Texas Air
191-7 Control Board by September 1 of each year.>
191-8 <(4) County and local district school boards, the
191-9 Central Education Agency, and the State Purchasing and General
191-10 Services Commission shall support the Texas Air Control Board in
191-11 collecting reasonable information needed to determine air quality
191-12 benefits from use of alternative fuels in affected districts>.
191-13 (e)(1) The requirements of Subsections (c) and (d) do not
191-14 apply to any school district if the county or local district school
191-15 board acts in accordance with Paragraph (A), (B), or (C).
191-16 (A) The requirements do not apply if the county
191-17 or local district school board solicits, but does not receive, any
191-18 bids for service contracts for the supply of compressed natural gas
191-19 or other alternative fuels that are at or below the net projected
191-20 costs of continued use of traditional gasoline or diesel fuels
191-21 measured over the expected useful life of the equipment or
191-22 facilities supplied. The bid solicitation provision does not
191-23 require any board to solicit a bid for service contracts more than
191-24 once during any fiscal year.
191-25 (B) The requirements do not apply if the county
191-26 or local district school board solicits, but does not receive, any
191-27 bids for conversion of engines or vehicles or replacement of
192-1 engines or vehicles to compressed natural gas or other alternative
192-2 fuels that are at or below the net projected costs of continued use
192-3 of traditional gasoline or diesel fuels measured over the expected
192-4 useful life of the engine or vehicle.
192-5 (C) The requirements do not apply if the county
192-6 or local district school board solicits, but does not receive, any
192-7 bids for a contract that provides for conversion or replacement, or
192-8 both, of engines or vehicles, or both, to compressed natural gas or
192-9 other alternative fuel and for the supply of compressed natural gas
192-10 or other alternative fuels that is at or below the net projected
192-11 costs of continued use of traditional gasoline or diesel fuels
192-12 measured over the expected useful life of the equipment,
192-13 facilities, vehicles, and engines. The bid solicitation provision
192-14 does not require a board to solicit such a bid more than once
192-15 during any three-year period.
192-16 (2) A person making a bid or submitting a proposal in
192-17 response to a solicitation made in compliance with this subsection
192-18 has the burden to provide the school board the information on total
192-19 cost-effectiveness of the bid, including, if applicable, the cost
192-20 of new warranties for vehicle or engine conversion and insurance
192-21 costs.
192-22 (3) In determining total cost-effectiveness under this
192-23 subsection, a board may consider both the short-term and long-term
192-24 costs to the district and other objective factors that may affect
192-25 the capacity of the district to use compressed natural gas or other
192-26 alternative fuels. The board shall consider availability of state
192-27 and federal funds for conversion and replacement purposes <County
193-1 and local district school boards, the Central Education Agency, and
193-2 the State Purchasing and General Services Commission in the
193-3 development of the compressed natural gas or other alternative fuel
193-4 use program should work with district fleet operators, vehicle
193-5 manufacturers and converters, fuel distributors, and others to
193-6 delineate the vehicles to be covered, taking into consideration
193-7 range, specialty uses, fuel availability, vehicle manufacturing and
193-8 conversion capability, safety, resale values, and other relevant
193-9 factors. Districts may also meet the percentage requirements of
193-10 this section through the conversion of existing vehicles, in
193-11 accordance with federal and state requirements and applicable
193-12 safety laws, to use the alternative fuels>.
193-13 (f) The requirements of Subsections (c) and (d) do not
193-14 require any district to convert any vehicle put into service on or
193-15 before September 1, 1993, to alternative fuel. The requirements of
193-16 Subsections (c) and (d) do not apply until September 1, 1995, for
193-17 any district that applied for a two-year life-cycle cost benefit
193-18 waiver prior to September 1, 1993, if that waiver is subsequently
193-19 granted. The General Services Commission shall expedite the
193-20 process on all those waiver applications. <The State Purchasing
193-21 and General Services Commission may reduce any percentage specified
193-22 or waive the requirements of Subsection (d) of this section for any
193-23 county or district on receipt of certification supported by
193-24 evidence acceptable to the commission that:>
193-25 <(1) the county or district's vehicles will be
193-26 operating primarily in an area in which neither the county,
193-27 district, nor a supplier has or can reasonably be expected to
194-1 establish a central refueling station for compressed natural gas or
194-2 other alternative fuels; or>
194-3 <(2) the county or district is unable to acquire or be
194-4 provided equipment or refueling facilities necessary to operate
194-5 vehicles using compressed natural gas or other alternative fuels
194-6 pursuant to Subdivision (2) of Subsection (c) of this section at a
194-7 projected cost that is reasonably expected to result in no greater
194-8 net costs than the continued use of traditional gasoline or diesel
194-9 fuels measured over the expected useful life of the equipment or
194-10 facilities supplied.>
194-11 (g) County and local district school boards and the <State
194-12 Purchasing and> General Services Commission in purchasing, leasing,
194-13 maintaining, or converting vehicles for compressed natural gas or
194-14 other alternative fuels use shall comply with all applicable safety
194-15 standards promulgated by the United States Department of
194-16 Transportation and the Railroad Commission of Texas or their
194-17 successor agencies. The requirements of Subsections (c) and (d) do
194-18 not require a district to convert any vehicle or engine to
194-19 compressed natural gas or other alternative fuel if the conversion
194-20 does not meet fuel system integrity standards as designed and
194-21 tested by the National Highway Transportation Safety Administration
194-22 or the Railroad Commission of Texas.
194-23 (h) In this section, a vehicle is considered to be capable
194-24 of using compressed natural gas or other alternative fuels if the
194-25 vehicle is capable of using compressed natural gas or other
194-26 alternative fuels either in its original equipment engine or in an
194-27 engine that has been converted to use compressed natural gas or
195-1 other alternative fuels after September 1, 1991<, unless the time
195-2 for compliance is extended pursuant to Subsection (i) of this
195-3 section>.
195-4 <(i) The General Services Commission may extend the date by
195-5 which a vehicle powered by a traditional gasoline or diesel engine
195-6 shall be capable of using compressed natural gas or other
195-7 alternative fuels as required under this section for one or more
195-8 periods of 90 days, but not beyond September 1, 1993, if it finds a
195-9 lack of ability to acquire such vehicles with original alternative
195-10 fuels equipment, to acquire such vehicles which are able to be
195-11 converted, or to convert such vehicles to use compressed natural
195-12 gas or other alternative fuels.>
195-13 SECTION 8.26. Subsection (a), Section 19.051, Education
195-14 Code, is amended to read as follows:
195-15 (a) By the procedure described in this subchapter, any of
195-16 the following groups of school districts may consolidate into a
195-17 single school district:
195-18 (1) two or more <contiguous> independent school
195-19 districts;
195-20 (2) two or more <contiguous> common school districts;
195-21 or
195-22 (3) one or more independent school districts and one
195-23 or more common school districts <constituting as a whole one
195-24 continuous territory>.
195-25 SECTION 8.27. Section 21.041, Education Code, as amended by
195-26 Section 1, Chapter 353, Acts of the 71st Legislature, Regular
195-27 Session, 1989, and Section 2.12, Chapter 813, Acts of the 71st
196-1 Legislature, Regular Session, 1989, is reenacted and amended to
196-2 read as follows:
196-3 Sec. 21.041. Absences. (a) Except as provided by this
196-4 section, a student may not be given credit for a class unless the
196-5 student is in attendance for at least 90 percent of the <80> days
196-6 the class is offered <during a semester>.
196-7 (b) The board of trustees of each school district shall
196-8 appoint one or more attendance committees to hear petitions for
196-9 class credit by students who are in attendance fewer than the
196-10 number of days required under Subsection (a) <80 days during a
196-11 semester>. Each board may determine the number of committees
196-12 needed in the district and the composition of each committee. The
196-13 committees may give class credit to a student who is in attendance
196-14 fewer than the number of days required under Subsection (a) <80
196-15 days during a semester> because of extenuating circumstances. Each
196-16 local school board shall establish guidelines to determine what
196-17 constitutes extenuating circumstances, subject to rules adopted by
196-18 the State Board of Education, and shall adopt policies establishing
196-19 alternative ways for students to make up work or regain credit lost
196-20 because of absences. The State Board of Education shall submit its
196-21 rules adopted under this section to the Legislative Education Board
196-22 for review to ensure compliance with legislative intent. A
196-23 certified public school employee may not be assigned additional
196-24 instructional duties as a result of this section outside of the
196-25 regular workday unless the employee is compensated for the duties
196-26 at a reasonable rate of pay.
196-27 (c) A member of an attendance committee is not personally
197-1 liable for any act or omission arising out of duties as a member of
197-2 an attendance committee.
197-3 (d) If a student is denied credit for a class by an
197-4 attendance committee, the student may appeal the decision to the
197-5 board. The decision of the board may be appealed by trial de novo
197-6 to the district court of the county in which the school district's
197-7 central administrative office is located.
197-8 (e) This section does not affect the provision of Section
197-9 21.035(f) of this code regarding a student's excused absence from
197-10 school to observe religious holy days.
197-11 SECTION 8.28. Subsections (a), (b), (e), and (f), Section
197-12 21.458, Education Code, are amended to read as follows:
197-13 (a) Each district that is required to offer a bilingual
197-14 education or special language program shall offer a voluntary
197-15 <summer> program for children of limited English proficiency who
197-16 will be eligible for admission to kindergarten or the first grade
197-17 at the beginning of the next school year. A school that operates
197-18 on a two-semester system shall offer the program during the period
197-19 school is recessed for the summer. A school that operates on any
197-20 other system permitted by this code shall offer 120 hours of
197-21 instruction on a schedule the board of trustees of the district
197-22 establishes.
197-23 (b) Enrollment in the program is optional with the parent of
197-24 the child. In a district that operates on a two-semester system,
197-25 the <The> program must be offered for one-half day for eight weeks.
197-26 (e) The <preschool or summer> programs required or
197-27 authorized by this section shall not be a substitute for programs
198-1 required to be provided during the regular school year.
198-2 (f) The legislature may appropriate funds from the
198-3 foundation school program for support of a <the summer> program
198-4 under Subsection (a) of this section.
198-5 SECTION 8.29. Subsection (b), Section 21.3011, Education
198-6 Code, is amended to read as follows:
198-7 (b) A student may be removed from class and expelled without
198-8 resort to an alternative education program under Section 21.301 of
198-9 this code if the student, on school property or while attending a
198-10 school-sponsored or school-related activity on or off of school
198-11 property:
198-12 (1) assaults a teacher or other individual;
198-13 (2) sells, gives, or delivers to another person or
198-14 possesses or uses or is under the influence of:
198-15 (A) marihuana or a controlled substance, as
198-16 defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
198-17 Section 801 et seq.; or
198-18 (B) a dangerous drug, as defined by Chapter 483,
198-19 Health and Safety Code;
198-20 (3) sells, gives, or delivers to another person an
198-21 alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage
198-22 Code, or commits a serious act or offense while under the influence
198-23 of alcohol; or on more than one occasion possesses, uses, or is
198-24 under the influence of an alcoholic beverage;
198-25 (4) possesses a firearm as defined by Section
198-26 46.01(3), Penal Code, an illegal knife as defined by Section
198-27 46.01(6), Penal Code, a club as defined by Section 46.01(1), Penal
199-1 Code, or a weapon listed as a prohibited weapon under Section
199-2 46.06, Penal Code;
199-3 (5) engages in conduct that contains the elements of
199-4 an offense relating to abusable glue or aerosol paint under
199-5 Sections 485.031 through 485.035, Health and Safety Code, or
199-6 relating to volatile chemicals under Chapter 484, Health and Safety
199-7 Code;
199-8 (6) engages in conduct that contains the elements of
199-9 the offense of arson under Section 28.02, Penal Code; <or>
199-10 (7) engages in conduct that contains the elements of
199-11 the offense of criminal mischief under Section 28.03, Penal Code,
199-12 if the offense is punishable as a felony under that section; or
199-13 (8) engages in conduct that contains the elements of
199-14 the offense of public lewdness under Section 21.07, Penal Code.
199-15 SECTION 8.30. Subsection (a), Section 3, Chapter 424, Acts
199-16 of the 63rd Legislature, Regular Session, 1973 (Article 6252-17a,
199-17 Vernon's Texas Civil Statutes), is amended to read as follows:
199-18 (a) All information collected, assembled, or maintained by
199-19 or for governmental bodies, except in those situations where the
199-20 governmental body does not have either a right of access to or
199-21 ownership of the information, pursuant to law or ordinance or in
199-22 connection with the transaction of official business is public
199-23 information and available to the public during normal business
199-24 hours of any governmental body, with the following exceptions only:
199-25 (1) information deemed confidential by law, either
199-26 Constitutional, statutory, or by judicial decision;
199-27 (2) information in personnel files, the disclosure of
200-1 which would constitute a clearly unwarranted invasion of personal
200-2 privacy, and transcripts from institutions of higher education
200-3 maintained in the personnel files of professional public school
200-4 employees; provided, however, that nothing in this section shall be
200-5 construed to exempt from disclosure the degree obtained and the
200-6 curriculum on such transcripts of professional public school
200-7 employees, and further provided that all information in personnel
200-8 files of an individual employee within a governmental body is to be
200-9 made available to that individual employee or his designated
200-10 representative as is public information under this Act;
200-11 (3) information relating to litigation of a criminal
200-12 or civil nature and settlement negotiations, to which the state or
200-13 political subdivision is, or may be, a party, or to which an
200-14 officer or employee of the state or political subdivision, as a
200-15 consequence of his office or employment, is or may be a party, that
200-16 the attorney general or the respective attorneys of the various
200-17 political subdivisions has determined should be withheld from
200-18 public inspection;
200-19 (4) information which, if released, would give
200-20 advantage to competitors or bidders;
200-21 (5) information pertaining to the location of real or
200-22 personal property for public purposes prior to public announcement
200-23 of the project, and information pertaining to appraisals or
200-24 purchase price of real or personal property for public purposes
200-25 prior to the formal award of contracts therefor;
200-26 (6) drafts and working papers involved in the
200-27 preparation of proposed legislation;
201-1 (7) matters in which the duty of the Attorney General
201-2 of Texas or an attorney of a political subdivision, to his client,
201-3 pursuant to the Rules and Canons of Ethics of the State Bar of
201-4 Texas are prohibited from disclosure, or which by order of a court
201-5 are prohibited from disclosure;
201-6 (8) records of law enforcement agencies and
201-7 prosecutors that deal with the detection, investigation, and
201-8 prosecution of crime and the internal records and notations of such
201-9 law enforcement agencies and prosecutors which are maintained for
201-10 internal use in matters relating to law enforcement and
201-11 prosecution;
201-12 (9) private correspondence and communications of an
201-13 elected office holder relating to matters the disclosure of which
201-14 would constitute an invasion of privacy;
201-15 (10) trade secrets and commercial or financial
201-16 information obtained from a person and privileged or confidential
201-17 by statute or judicial decision;
201-18 (11) inter-agency or intra-agency memorandums or
201-19 letters which would not be available by law to a party in
201-20 litigation with the agency;
201-21 (12) information contained in or related to
201-22 examination, operating, or condition reports prepared by, on behalf
201-23 of, or for the use of an agency responsible for the regulation or
201-24 supervision of financial institutions, and/or securities, as that
201-25 term is defined in the Texas Securities Act;
201-26 (13) geological and geophysical information and data
201-27 including maps concerning wells, except information filed in
202-1 connection with an application or proceeding before any agency or
202-2 an electric log confidential under Subchapter M, Chapter 91,
202-3 Natural Resources Code;
202-4 (14) student records at educational institutions
202-5 funded wholly, or in part, by state revenue; but such records shall
202-6 be made available upon request of educational institution
202-7 personnel, the student involved, that student's parent, legal
202-8 guardian, or spouse or a person conducting a child abuse
202-9 investigation required by Section 34.05, Family Code;
202-10 (15) birth and death records maintained by the Bureau
202-11 of Vital Statistics of the Texas Department of Health, except that:
202-12 (A) a birth record is public information and
202-13 available to the public on and after the 50th anniversary of the
202-14 date on which the record is filed with the Bureau of Vital
202-15 Statistics or local registration official; and
202-16 (B) a death record is public information and
202-17 available to the public on and after the 25th anniversary of the
202-18 date on which the record is filed with the Bureau of Vital
202-19 Statistics or local registration official;
202-20 (16) the audit working papers of the State Auditor;
202-21 (17) information relating to:
202-22 (A) the home addresses or home telephone numbers
202-23 of each official or employee or each former official or employee of
202-24 a governmental body except as otherwise provided by Section 3A of
202-25 this Act, or of peace officers as defined by Article 2.12, Code of
202-26 Criminal Procedure, 1965, as amended, or by Section 51.212, Texas
202-27 Education Code; or
203-1 (B) the home addresses, home telephone numbers,
203-2 or social security numbers of employees of the Texas Department of
203-3 Criminal Justice, or the home or employment addresses or telephone
203-4 numbers or the names or social security numbers of their family
203-5 members;
203-6 (18) information contained on or derived from
203-7 triplicate prescription forms filed with the Department of Public
203-8 Safety pursuant to Section 481.075, Health and Safety Code;
203-9 (19) photographs that depict a peace officer as
203-10 defined by Article 2.12, Code of Criminal Procedure, or a security
203-11 officer commissioned under Section 51.212, Education Code, the
203-12 release of which would endanger the life or physical safety of the
203-13 officer unless:
203-14 (A) the officer is under indictment or charged
203-15 with an offense by information; or
203-16 (B) the officer is a party in a fire or police
203-17 civil service hearing or a case in arbitration; or
203-18 (C) the photograph is introduced as evidence in
203-19 a judicial proceeding;
203-20 (20) rare books and original manuscripts which were
203-21 not created or maintained in the conduct of official business of a
203-22 governmental body and which are held by any private or public
203-23 archival and manuscript repository for the purposes of historical
203-24 research;
203-25 (21) oral history interviews, personal papers,
203-26 unpublished letters, and organizational records of nongovernmental
203-27 entities, which were not created or maintained in the conduct of
204-1 official business of a governmental body and which are held by any
204-2 private or public archival and manuscript repository for the
204-3 purposes of historical research, to the extent that the archival
204-4 and manuscript repository and the donor of the interviews, papers,
204-5 letters, and records may agree to limit disclosure of the item;
204-6 (22) <curriculum objectives and> test items developed
204-7 by educational institutions that are funded wholly or in part by
204-8 state revenue and test items developed by licensing agencies or
204-9 governmental bodies; and
204-10 (23) the names of applicants for the position of chief
204-11 executive officer of institutions of higher education, except that
204-12 the governing body of the institution of higher education must give
204-13 public notice of the name or names of the finalists being
204-14 considered for the position at least 21 days prior to the meeting
204-15 at which final action or vote is to be taken on the employment of
204-16 the individual.
204-17 SECTION 8.31. Subsection (a), Section 5, Chapter 173, Acts
204-18 of the 47th Legislature, Regular Session, 1941 (Article 6687b,
204-19 Vernon's Texas Civil Statutes), is amended to read as follows:
204-20 (a) No person who is under the age of eighteen (18) years
204-21 shall drive any motor vehicle while in use as a school bus for the
204-22 transportation of pupils to or from school. A person who is
204-23 eighteen (18) years of age or older may not operate a vehicle as a
204-24 school bus until he has been properly licensed to operate a school
204-25 bus. It shall be unlawful for any person to be employed to drive a
204-26 motor vehicle while in use as a school bus for the transportation
204-27 of pupils who has not undergone a physical examination which
205-1 reveals his physical and mental capabilities to safely operate a
205-2 school bus. Such physical examinations shall be conducted annually
205-3 for each driver. A pre-employment driver's license check shall
205-4 have been made with the Texas Department of Public Safety prior to
205-5 the employment and the person's driving record must be acceptable
205-6 according to standards developed jointly by the State Board of
205-7 Education and the Texas Department of Public Safety. Effective at
205-8 such date and under provisions as may be determined by the State
205-9 Board of Education, the driver of a school bus shall have in his
205-10 possession a certificate stating he is enrolled in, or has
205-11 completed, a driver training course in school bus safety education
205-12 that has been approved jointly by the State Board of Education and
205-13 the Texas Department of Public Safety. The bus driving certificate
205-14 shall remain valid for a period of three years. This subsection
205-15 does not affect the right of any otherwise qualified person with a
205-16 hearing disability to be licensed, certified, and employed as a bus
205-17 driver for vehicles used to transport hearing impaired students or
205-18 persons. This subsection does not apply to the operation of a
205-19 vehicle owned by a public institution of higher education to
205-20 transport students of a school district that operates within that
205-21 institution if:
205-22 (1) the person operating the vehicle is approved by
205-23 the institution to operate the vehicle; and
205-24 (2) the transportation is for a field trip or other
205-25 special event.
205-26 SECTION 8.32. The following sections of the Education Code
205-27 are repealed: 21.008, 21.132 through 21.134, 23.993, 23.994, and
206-1 23.999.
206-2 SECTION 8.33. Effective September 1, 1995, the following
206-3 provisions of the Education Code are repealed:
206-4 (1) Title 1; and
206-5 (2) Title 2, except Chapters 16, 20, and 36.
206-6 SECTION 8.34. Not later than June 1, 1994, the commissioner
206-7 of education shall submit to the legislature a proposed revision of
206-8 Education Code provisions repealed by Section 8.33 of this article.
206-9 SECTION 8.35. Effective September 1, 1995, the Central
206-10 Education Agency is abolished.
206-11 SECTION 8.36. This article takes effect September 1, 1993.
206-12 ARTICLE 9
206-13 SECTION 9.01. (a) Except as otherwise provided by this Act,
206-14 this Act takes effect immediately.
206-15 (b) This Act applies to taxes imposed on or after January 1,
206-16 1993.
206-17 SECTION 9.02. The importance of this legislation and the
206-18 crowded condition of the calendars in both houses create an
206-19 emergency and an imperative public necessity that the
206-20 constitutional rule requiring bills to be read on three several
206-21 days in each house be suspended, and this rule is hereby suspended,
206-22 and that this Act take effect and be in force according to its
206-23 terms, and it is so enacted.