1-1 By: Ratliff S.B. No. 7
1-2 (In the Senate - Filed January 19, 1993; January 19, 1993,
1-3 read first time and referred to Committee on Education;
1-4 May 11, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 9, Nays 2; May 11, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Ratliff x
1-10 Haley x
1-11 Barrientos x
1-12 Bivins x
1-13 Harris of Tarrant x
1-14 Luna x
1-15 Montford x
1-16 Shapiro x
1-17 Sibley x
1-18 Turner x
1-19 Zaffirini x
1-20 COMMITTEE SUBSTITUTE FOR S.B. No. 7 By: Ratliff
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to public school education and finance.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. Chapter 16, Education Code, is amended to read as
1-26 follows:
1-27 CHAPTER 16. FOUNDATION SCHOOL PROGRAM
1-28 SUBCHAPTER A. GENERAL PROVISIONS
1-29 Sec. 16.001. State Policy. (a) It is the policy of the
1-30 State of Texas that the provision of public education is a state
1-31 responsibility and that a thorough and efficient system be provided
1-32 and substantially financed through state revenue sources so that
1-33 each student enrolled in the public school system shall have access
1-34 to programs and services that are appropriate to his or her
1-35 educational needs and that are substantially equal to those
1-36 available to any similar student, notwithstanding varying local
1-37 economic factors.
1-38 (b) The public school finance system of the State of Texas
1-39 shall adhere to a standard of neutrality which provides for
1-40 substantially equal access to similar revenue per student at
1-41 similar tax effort, considering all state and local tax revenues of
1-42 districts after acknowledging all legitimate student and district
1-43 cost differences.
1-44 Sec. 16.002. Purpose of Foundation School Program. (a) The
1-45 purposes of the Foundation School Program set forth in this chapter
1-46 are to guarantee that each school district in the state has:
1-47 (1) adequate resources to provide each eligible
1-48 student a basic instructional program and facilities suitable to
1-49 the student's educational needs; and
1-50 (2) access to a substantially equalized program of
1-51 financing in excess of basic costs for certain services, as
1-52 provided by this chapter.
1-53 (b) The Foundation School Program consists of two tiers to
1-54 provide for the purposes specified by Subsection (a) of this
1-55 section. The first tier guarantees sufficient financing for all
1-56 school districts to provide a basic program of education that meets
1-57 accreditation and other legal standards. The second tier provides
1-58 a guaranteed yield system of financing to provide all school
1-59 districts with substantially equal access to funds to provide an
1-60 enriched program and additional funds for facilities.
1-61 Sec. 16.003. Student Eligibility. (a) A student is
1-62 entitled to the benefits of the Foundation School Program if he is
1-63 5 years of age or older and under 21 years of age at the beginning
1-64 of the scholastic year and has not graduated from high school.
1-65 (b) A student to whom Subsection (a) of this section does
1-66 not apply is entitled to the benefits of the Foundation School
1-67 Program if the student is enrolled in a prekindergarten class under
1-68 Section 21.136 of this code.
2-1 (c) The commissioner of education, in consultation with the
2-2 Commissioner of Human Services, shall monitor and evaluate
2-3 prekindergarten programs in the State of Texas as to their
2-4 developmental appropriateness. Furthermore, the commissioner of
2-5 education, in consultation with the Commissioner of Human Services,
2-6 shall evaluate the potential for coordination on a statewide basis
2-7 of prekindergarten programs with government-funded early childhood
2-8 care and education programs such as child care administered under
2-9 Chapter 44 of the Human Resources Code and federal Head Start
2-10 programs. This evaluation shall utilize recommendations contained
2-11 in the report to the 71st Legislature required by Chapter 717, Acts
2-12 of the 70th Legislature, Regular Session, 1987. For the purpose of
2-13 providing cost-effective care for children during the full work day
2-14 with developmentally appropriate curriculum, the commissioners
2-15 shall investigate the use of existing child care program sites as
2-16 prekindergarten sites. Following the evaluation required by this
2-17 section, the commissioners, in cooperation with school districts
2-18 and other program administrators, shall integrate programs, staff,
2-19 and program sites for prekindergarten, child care, and federal Head
2-20 Start programs to the greatest extent possible.
2-21 (d) A child may be enrolled in the first grade if he is at
2-22 least six years of age at the beginning of the scholastic year or
2-23 has been enrolled in the first grade or has completed kindergarten
2-24 in the public schools in another state prior to transferring to a
2-25 Texas public school.
2-26 Sec. 16.005. Administration of the Program. The
2-27 commissioner of education, in accordance with the rules of the
2-28 State Board of Education, shall take such action and require such
2-29 reports consistent with the terms of this chapter as may be
2-30 necessary to implement and administer the Foundation School
2-31 Program.
2-32 Sec. 16.006. Average Daily Attendance. (a) In this
2-33 chapter, average daily attendance is the quotient of the sum of
2-34 <determined by the daily> attendance for each day <as averaged each
2-35 month> of the minimum school year as described under Section
2-36 16.052(a) of this code and for each day approved by the
2-37 commissioner of education for an extended year program under
2-38 Section 21.562 of this code divided by the number of days in the
2-39 minimum school year.
2-40 (b) A school district that experiences a decline of two
2-41 percent or more in average daily attendance as a result of the
2-42 closing or reduction in personnel of a military base shall be
2-43 funded on the basis of the actual average daily attendance of the
2-44 immediately preceding school year.
2-45 (c) The commissioner of education shall adjust the average
2-46 daily attendance of school districts that have a significant
2-47 percentage of students whose parent or guardian is a migrant
2-48 worker. For the purposes of this subsection, "migrant worker" has
2-49 the meaning assigned by Section 21.5515 of this code.
2-50 (d) The commissioner may adjust the average daily attendance
2-51 of a school district in which a disaster, flood, extreme weather
2-52 condition, fuel curtailment, or other calamity has a significant
2-53 effect on the district's attendance.
2-54 Sec. 16.007. Public Education Information Management System
2-55 (PEIMS). (a) Each school district <and each county education
2-56 district> shall participate in the Public Education Information
2-57 Management System (PEIMS) and shall provide through that system
2-58 information required for the administration of this chapter and of
2-59 other appropriate provisions of this code.
2-60 (b) Each school district shall use a uniform accounting
2-61 system adopted by the commissioner of education for the data
2-62 required to be reported for the Public Education Information
2-63 Management System.
2-64 <(c) The Central Education Agency shall report annually to
2-65 the Legislative Education Board the financial status of each county
2-66 education district. The report shall include the total state and
2-67 local education revenues for each tier of the Foundation School
2-68 Program.>
2-69 Sec. 16.008. EQUALIZED FUNDING ELEMENTS. (a) The
2-70 Legislative Education Board shall adopt rules, subject to
3-1 appropriate notice and opportunity for public comment, for the
3-2 calculation for each year of a biennium of the qualified funding
3-3 elements under Section 16.256(e) of this code necessary to achieve
3-4 the state policy under Section 16.001 of this code not later than
3-5 the 1994-1995 school year and for each school year thereafter.
3-6 (b) Not <Beginning in 1992, not> later than October 1
3-7 preceding each regular session of the legislature, the board shall
3-8 report the equalized funding elements to the foundation school fund
3-9 budget committee, the commissioner of education, and the
3-10 legislature.
3-11 <Sec. 16.009. REVENUE LIMIT. (a) The revenue limit is an
3-12 amount equal to 110 percent of the amount of state and local funds
3-13 guaranteed under the Foundation School Program per student in
3-14 weighted average daily attendance to each school district at a
3-15 total tax rate of $0.25 per $100 of taxable value of property as
3-16 calculated for the 1994-1995 school year.>
3-17 <(b) Not later than April 15, the commissioner of education
3-18 shall estimate the revenue limit for each school district for the
3-19 current school year and shall certify that amount to each school
3-20 district.>
3-21 <(c) Not later than August 15 of each year the commissioner
3-22 of education shall determine as nearly as possible for the current
3-23 school year:>
3-24 <(1) the total amount of state and local funds per
3-25 student in weighted average daily attendance available in each
3-26 school district; and>
3-27 <(2) the total amount of state and local funds per
3-28 student in weighted average daily attendance required for debt
3-29 service in each school district.>
3-30 <(d) The commissioner shall determine the total number of
3-31 students in weighted average daily attendance in school districts
3-32 in which the amount specified in Subsection (c)(1) of this section,
3-33 less the amount specified in Subsection (c)(2) of this section,
3-34 exceeds the revenue limit.>
3-35 <(e) If the total number of students in weighted average
3-36 daily attendance in districts with state and local revenues
3-37 exceeding the revenue limit equals or exceeds two percent of the
3-38 total number of students in weighted average daily attendance for
3-39 the current school year, no school district may levy a tax at a
3-40 rate that would result in an amount of state and local funds,
3-41 excluding funds required for debt service, during the next school
3-42 year that exceeds the revenue limit, except that those districts
3-43 exceeding the revenue limit may maintain during the next school
3-44 year the total amount of state and local funds per student in
3-45 weighted average daily attendance for the current school year. The
3-46 commissioner shall notify those districts in which revenues are
3-47 subject to the limitation imposed in this subsection.>
3-48 <(f) In this section:>
3-49 <(1) "Weighted student in average daily attendance"
3-50 has the meaning assigned in Section 16.302 of this code.>
3-51 <(2) "Taxable value of property" has the meaning
3-52 assigned in Section 11.86 of this code.>
3-53 <Sec. 16.010. DEFINITION. In this chapter, "school
3-54 district" does not include a county education district unless
3-55 expressly included.>
3-56 <Sec. 16.011. NOTICE OF YIELDS TO BE PUBLISHED. (a) Not
3-57 earlier than the 30th day or later than the seventh day before the
3-58 date of adopting a tax rate for the years 1991, 1992, 1993, and
3-59 1994, a school district shall publish the following notice, using
3-60 the yields and tax rates certified by the commissioner:>
3-61 <"NOTICE OF COMPARABLE TAX RATES AND REVENUES>
3-62 <"The legislature has enacted a statute on school funding to
3-63 comply with a court mandate enforcing the state constitution.
3-64 Under prior statutes, the tax rate for last year provides _____ per
3-65 student in state and local revenues. Under this statute, that same
3-66 rate now provides _____ per student in state and local revenues.>
3-67 <"State law only requires a minimum tax rate of _____ for
3-68 county education districts. State law does not require a school
3-69 district to adopt additional taxes. Neither does state law require
3-70 a school district to adopt a tax rate that maximizes the receipt of
4-1 state funds.>
4-2 <"The board of trustees of the _____ School District hereby
4-3 gives notice that it is considering the adoption of a tax rate of
4-4 _____ that will provide _____ per student in state and local
4-5 revenues.">
4-6 <(b) If a district is required to give public notice of a
4-7 hearing under Section 26.06, Tax Code, the notice described by
4-8 Subsection (a) of this section may be included in the required
4-9 notice under Section 26.06, Tax Code.>
4-10 <(c) The notice described by Subsection (a) of this section
4-11 shall be published in the two newspapers with the largest
4-12 circulation within the school district unless only one newspaper is
4-13 in general circulation within the district. The notice may not be
4-14 smaller than one-quarter page of a standard-size or a tabloid-size
4-15 newspaper, and the headline must be 18-point or larger type.>
4-16 <(d) The notice described by Subsection (a) of this section
4-17 must also be included in the tax bill or a separate statement
4-18 accompanying the tax bill.>
4-19 <(e) The commissioner shall adopt rules to implement this
4-20 section.>
4-21 <(f) This section expires January 1, 1995.>
4-22 SUBCHAPTER B. REQUIREMENTS FOR DISTRICT PARTICIPATION IN THE
4-23 FOUNDATION SCHOOL PROGRAM FUND
4-24 Sec. 16.051. Required Compliance. In order to receive
4-25 financial support from the Foundation School Fund, a school
4-26 district must comply with the standards set forth in this
4-27 subchapter.
4-28 Sec. 16.052. OPERATION OF SCHOOLS; TEACHER PREPARATION AND
4-29 STAFF DEVELOPMENT. (a) Except as provided by Subsection (c) of
4-30 this section, for each school year, each school district must
4-31 provide for not less than:
4-32 (1) 180 days of instruction for students; and
4-33 (2) three days of preparation for teachers before the
4-34 attendance of students is required at the beginning of the regular
4-35 school term and four days of staff development training during the
4-36 regular school term <Each school district must provide for not less
4-37 than 180 days of instruction for students and not less than three
4-38 days of preparation for teachers for each school year, except as
4-39 provided in Subsection (c) of this section>.
4-40 (b) Each school district must provide for the <not less than
4-41 20 hours of> staff development training required under Subsection
4-42 (a) of this section under guidelines provided by the commissioner
4-43 of education. The training provided must include technology
4-44 training and must occur during regular hours of required teacher
4-45 service. On the request of a teacher, a school district may credit
4-46 the teacher compensatory time to be applied toward the number of
4-47 training days <hours> required under Subsection (a) of this section
4-48 <this subsection> for workshops, conferences, or other professional
4-49 training that the teacher has attended.
4-50 (c) The commissioner of education may approve the operation
4-51 of schools for less than the number of days of instruction and
4-52 teacher preparation and staff development training otherwise
4-53 required when disasters, floods, extreme weather conditions, fuel
4-54 curtailments, or other calamities have caused the closing of the
4-55 school.
4-56 (d) Each school district may reserve three hours of the
4-57 first preparation day provided each school year under Subsection
4-58 (a) of this section for faculty staff meetings.
4-59 Sec. 16.053. ACCREDITATION. Each school district must be
4-60 accredited by the Central Education Agency.
4-61 Sec. 16.054. Student/Teacher Ratios; Class Size.
4-62 (a) Except as provided by Subsection (b) of this section, each
4-63 school district must employ a sufficient number of certified
4-64 teachers to maintain an average ratio of not less than one teacher
4-65 for each 20 students in average daily attendance.
4-66 (b) A school district may not enroll more than 22 students
4-67 in a kindergarten, first, second, third, or fourth grade class.
4-68 This requirement shall not apply during the last 12 weeks of any
4-69 school year.
4-70 (c) In determining the number of students to enroll in any
5-1 class, a district shall consider the subject to be taught, the
5-2 teaching methodology to be used, and any need for individual
5-3 instruction.
5-4 (d) On application of a school district, the commissioner
5-5 may except the district from the limits in Subsection (b) of this
5-6 section if the commissioner finds the limits work an undue hardship
5-7 on the district. An exception expires at the end of the semester
5-8 for which it is granted, and the commissioner may not grant an
5-9 exception for more than one semester at a time.
5-10 (e) The commissioner shall report to the legislature each
5-11 biennium regarding compliance with this section. The report must
5-12 include:
5-13 (1) a statement of the number of school districts
5-14 granted an exception under Subsection (d) of this section; and
5-15 (2) an estimate of the total cost incurred by school
5-16 districts in that biennium in complying with this section.
5-17 (f) Not later than the 45th day after the first day of the
5-18 school year, each school committee established under Section 21.931
5-19 of this code shall file a written report with the school district
5-20 that states the class size of each class in the school. Not later
5-21 than the 60th day after the first day of the school year, each
5-22 school district shall forward the reports to the commissioner.
5-23 Sec. 16.055. Compensation of Professional and
5-24 Paraprofessional Personnel. (a) A school district must pay each
5-25 employee who is qualified for and employed in a position classified
5-26 under the Texas Public Education Compensation Plan for
5-27 Administrative and Supervisory Personnel set forth in Section
5-28 16.056 of this chapter not less than the minimum monthly base
5-29 salary, plus increments for <teaching> experience, specified for
5-30 the position and must pay other specified personnel in the manner
5-31 provided by Section 16.0562 or Section 16.057 of this code.
5-32 (b) Contracts for personnel shall be made on the basis of a
5-33 minimum of 10 months' service, which must include a minimum of 187
5-34 <the number of> days of service <instruction for students and days
5-35 of preparation for personnel required by Section 16.052 of this
5-36 code>. The days of staff development <preparation> required under
5-37 Section 16.052(a) of this code <herein> shall be conducted by local
5-38 boards of education under rules and regulations established by the
5-39 State Board of Education that are consistent with the state
5-40 accreditation standards for program planning, preparation, and
5-41 improvement. <Personnel employed for more than 10 months shall be
5-42 paid not less than the minimum monthly base pay plus increments for
5-43 experience for each month of actual employment. Personnel employed
5-44 for 11 months at pay grades 1-11 must render 202 days of service,
5-45 and personnel employed for 12 months at pay grades 1-11 must render
5-46 220 days of service.> Personnel employed for 11 months <at pay
5-47 grades 12-18> must render a minimum of 207 days of service, and
5-48 personnel employed for 12 months <at pay grades 12-18> must render
5-49 a minimum of 226 days of service. However, the number of days of
5-50 service required by this subsection may be reduced by the
5-51 commissioner under Section 16.052(c) of this code, and the
5-52 reduction shall not reduce the total salaries of personnel.
5-53 (c) Notwithstanding Subsection (b) of this section, a
5-54 vocational agriculture teacher employed for 12 months shall render
5-55 226 days of service regardless of pay grade.
5-56 Sec. 16.056. Texas Public Education Compensation Plan For
5-57 Administrative and Supervisory Personnel. (a) School district
5-58 administrative or supervisory personnel who are qualified for and
5-59 employed in positions described in Subsection (d) of this section
5-60 shall be paid not less than the monthly base salary, plus
5-61 increments for <teaching> experience, set forth in Subsection (c)
5-62 of this section, or greater amounts provided by appropriation.
5-63 (b) Each individual shall advance one step per each year of
5-64 experience until step 10 is reached. <For each year, up to a
5-65 maximum of two years, of work experience required for certification
5-66 in a vocational field, a vocational teacher who is certified in
5-67 that field is entitled to salary step credit as if the work
5-68 experience were teaching experience.>
5-69 (c) SALARY SCHEDULE BY STEPS
5-70 0 1 2 3 4 5 6 7 8 9 10
6-1 1700 1814 1928 2042 2156 2270 2384 2498 2612 2726 2840
6-2 (d) The following positions are entitled to the minimum
6-3 monthly salary set by Subsection (c) of this section for the number
6-4 of annual contract months specified:
6-5 No. Class Title
6-6 Months Paid
6-7 <10> <Nurse, R.N. and/or>
6-8 <Bachelor's Degree>
6-9 <10> <Special Education>
6-10 <Related>
6-11 <Service Personnel (other>
6-12 <than Occupational or>
6-13 <Physical Therapist),>
6-14 <Bachelor's Degree>
6-15 <10> <Teacher, Bachelor's>
6-16 <Degree>
6-17 <10> <Vocational Teacher,>
6-18 <11> <Bachelor's Degree and/or>
6-19 <12> <Certified in Field>
6-20 <10> <Librarian I, Bachelor's>
6-21 <Degree>
6-22 <10> <Visiting Teacher I,>
6-23 <Psychological Associate,>
6-24 <Bachelor's Degree>
6-25 <10> <Special Education>
6-26 <Related>
6-27 <Service Personnel (other>
6-28 <than Occupational or>
6-29 <Physical Therapist),>
6-30 <Master's Degree>
6-31 <10> <Teacher, Master's Degree>
6-32 <10> <Vocational Teacher,>
6-33 <11> <Master's Degree>
6-34 <12>
6-35 <10> <Librarian II, Master's>
6-36 <Degree>
6-37 <10> <Physician, M.D.>
6-38 <10> <Teacher, Bachelor of Laws>
6-39 <or Doctor of Jurispru->
6-40 <dence Degree>
6-41 <10> <Teacher, Doctor's Degree>
6-42 <10> <Special Duty Teacher,>
6-43 <Master's Degree>
6-44 <10> <Occupational Therapist>
6-45 <10> <Physical Therapist>
6-46 <10> <Educational>
6-47 <Diagnostician>
6-48 <10> <Visiting Teacher II,>
6-49 <Master's Degree>
6-50 <10> <Counselor I,>
6-51 <Psychologist>
6-52 <10> <School Social Worker>
6-53 10 Supervisor I
6-54 10 Part-time Principal--11 or
6-55 fewer teachers on campus
6-56 10 Instructional/Administra-
6-57 tive Officer I
6-58 10 Assistant Principal--20 or
6-59 more teachers on campus
6-60 10 Instructional/Administra-
6-61 tive Officer II
6-62 11 Principal--19 or fewer
6-63 teachers on campus
6-64 10 Instructional/Administra-
6-65 tive Officer III
6-66 11 Principal--20-49 teachers
6-67 on campus
6-68 11 Instructional/Administra-
6-69 tive Officer IV
6-70 11 Principal--50-99 teachers
7-1 on campus
7-2 12 Principal--100 or more
7-3 teachers on campus
7-4 12 Instructional/Administra-
7-5 tive Officer V
7-6 12 Instructional/Administra-
7-7 tive Officer VI
7-8 12 Superintendent--District
7-9 with 3,000
7-10 or less ADA
7-11 12 Instructional/Administra-
7-12 tive Officer VII
7-13 12 Superintendent--District
7-14 with 3,001-12,500 ADA
7-15 12 Instructional/Administra-
7-16 tive Officer VIII
7-17 12 Superintendent--District
7-18 with 12,501-50,000 ADA
7-19 12 Superintendent--District
7-20 with 50,000 or more ADA
7-21 Sec. 16.0561. DUTIES OF COMMISSIONER AND STATE BOARD OF
7-22 EDUCATION CONCERNING PERSONNEL COMPENSATION AND CERTIFICATION. (a)
7-23 <(e)> With the approval of the State Board of Education, the
7-24 commissioner of education may add additional positions and months
7-25 of service to the Texas Public Education Compensation Plan for
7-26 Administrative and Supervisory Personnel under Section 16.056(d) of
7-27 this code or to the list provided by Section 16.0562(e) of this
7-28 code to reflect curriculum and program changes authorized by law.
7-29 With the approval of the board, the commissioner shall also develop
7-30 policies for the implementation and administration of <the>
7-31 compensation of personnel <plan>.
7-32 (b) <(f)> Each person employed in the public schools of this
7-33 state who is an educational aide, teacher trainee, or nondegree
7-34 teacher or who is assigned to a position classified under the Texas
7-35 Public Education Compensation Plan for Administrative and
7-36 Supervisory Personnel as provided by Section 16.056(d) of this code
7-37 or assigned to the list provided by Section 16.0562(e) of this code
7-38 must be certified according to the certification requirements or
7-39 standards for each position as established by rule adopted by the
7-40 State Board of Education. However, additional certification may
7-41 not be required of a person holding a valid state license as a
7-42 speech language pathologist or audiologist. Persons other than
7-43 those holding such a license may only be employed to render such
7-44 services if an acceptable licensed applicant is not available.
7-45 (c) <(g)> The State Board of Education shall prescribe the
7-46 general duties and required preparation and education for
7-47 educational aides, teacher trainees, and nondegree teachers and for
7-48 the positions listed in Section 16.056 <Subsection> (d) of this
7-49 code or Section 16.0562(e) of this code <section under the
7-50 circumstances described therein>.
7-51 <(h) In determining the placement of a teacher on the salary
7-52 schedule under Subsection (c) of this section, a district shall
7-53 credit the teacher for each year of experience, whether or not the
7-54 years are consecutive. Notwithstanding the provision of this
7-55 subsection, no teacher shall be placed on the salary schedule at a
7-56 step above the step where the teacher would have been placed had
7-57 that teacher remained in continuous service.>
7-58 Sec. 16.0562. MINIMUM SALARY SCHEDULE FOR SPECIFIED
7-59 PERSONNEL OTHER THAN ADMINISTRATIVE OR SUPERVISORY PERSONNEL.
7-60 (a) In this section:
7-61 (1) "FSP" means the amount appropriated in the General
7-62 Appropriations Act for the biennium for the Foundation School
7-63 Program.
7-64 (2) "ADA" means the total estimated average daily
7-65 attendance for public schools used for purposes of the General
7-66 Appropriations Act.
7-67 (3) "SF" means the applicable salary factor provided
7-68 by Subsection (c) of this section.
7-69 (b) Personnel listed under Subsection (e) of this section
7-70 shall be paid not less than the monthly salary, based on years of
8-1 experience, determined by the following formula:
8-2 SF x (FSP/ADA)
8-3 (c) The salary factors per step for purposes of Subsection
8-4 (b) of this section are as follows:
8-5 Years Experience 0 1 2 3 4 5
8-6 Salary Factor .8130 .8675 .9220 .9765 1.0311 1.0856
8-7 Years Experience 6 7 8 9 10 11
8-8 Salary Factor 1.1401 1.1946 1.2338 1.2707 1.3051 1.3367
8-9 Years Experience 12 13 14 15 16 17
8-10 Salary Factor 1.3658 1.3936 1.4189 1.4428 1.4648 1.4854
8-11 Years Experience 18 19 20+
8-12 Salary Factor 1.4973 1.5050 1.5093
8-13 (d) Each individual shall advance one step per year of
8-14 experience until step 20 is reached. For each year, up to a
8-15 maximum of two years, of work experience required for certification
8-16 in a vocational field, a vocational teacher who is certified in
8-17 that field is entitled to teaching experience credit as if the work
8-18 experience were teaching experience.
8-19 (e) The following positions are entitled to the minimum
8-20 monthly salary set by this section for the number of annual
8-21 contract months specified:
8-22 No.
8-23 Months Paid Class Title
8-24 10 Nurse, R.N. and/or Bachelor's Degree
8-25 10 Special Education Related Service Personnel (other
8-26 than Occupational or Physical Therapist), Bachelor's
8-27 Degree
8-28 10 Teacher, Bachelor's Degree
8-29 10 Vocational Teacher,
8-30 11 Bachelor's Degree and/or
8-31 12 Certified in Field
8-32 10 Librarian I, Bachelor's Degree
8-33 10 Visiting Teacher I, Psychological Associate,
8-34 Bachelor's Degree
8-35 10 Special Education Related Service Personnel (other
8-36 than Occupational or Physical Therapist), Master's
8-37 Degree
8-38 10 Teacher, Master's Degree
8-39 10 Vocational Teacher,
8-40 11 Master's Degree
8-41 12
8-42 10 Librarian II, Master's Degree
8-43 10 Physician, M.D.
8-44 10 Teacher, Bachelor of Laws or Doctor of Jurisprudence
8-45 Degree
8-46 10 Teacher, Doctor's Degree
8-47 10 Special Duty Teacher, Master's Degree
8-48 10 Occupational Therapist
8-49 10 Physical Therapist
8-50 10 Educational Diagnostician
8-51 10 Visiting Teacher II, Master's Degree
8-52 10 Counselor I, Psychologist
8-53 10 School Social Worker
8-54 (f) In determining the placement of a teacher on the
8-55 schedule under Subsection (c) of this section, a district shall
8-56 credit the teacher for each year of experience whether or not the
8-57 years are consecutive.
8-58 Sec. 16.057. Salary Of Teacher Formerly On Career Ladder
8-59 <Salary Supplement>. Notwithstanding Section 16.0562 of this code,
8-60 a teacher who received a career ladder salary supplement for the
8-61 1992-1993 school year is entitled to the greater of:
8-62 (1) the salary applicable to the teacher under Section
8-63 16.0562 of this code; or
8-64 (2) the salary that is the sum of the salary the
8-65 teacher received for the 1992-1993 school year plus the quotient of
8-66 the amount of the career ladder salary supplement for that year
8-67 divided by 10. <(a) Except as provided by Subsection (c) of this
8-68 section, each teacher on level two, three, or four of a career
8-69 ladder is entitled to the following annual supplement in addition
8-70 to the minimum salary set by this subchapter:>
9-1 <Level 2 . . . . . . . $2,000>
9-2 <Level 3 . . . . . . . $4,000>
9-3 <Level 4 . . . . . . . $6,000>
9-4 <(b) If the district pays more than the state minimum salary
9-5 prescribed by this subchapter, the teacher is entitled to the
9-6 career ladder supplement in addition to the amount otherwise paid
9-7 by the district for the teacher's step.>
9-8 <(c) If the allotment under Section 16.158 of this code that
9-9 is designated for support of the career ladder will not fully fund
9-10 the supplements under this section:>
9-11 <(1) the district may reduce the supplements to not
9-12 less than the following:>
9-13 <Level 2 . . . . . . . $1,500>
9-14 <Level 3 . . . . . . . $3,000>
9-15 <Level 4 . . . . . . . $4,500>
9-16 <or;>
9-17 <(2) provide for stricter performance criteria than
9-18 that provided under Section 13.302 of this code, subject to the
9-19 approval of the State Board of Education; or>
9-20 <(3) take action under both Subdivisions (1) and (2)
9-21 of this subsection.>
9-22 SUBCHAPTER C. BASIC ENTITLEMENT
9-23 Sec. 16.101. Basic Allotment. For each student in average
9-24 daily attendance, not including the time students spend each day in
9-25 special education or vocational education programs for which an
9-26 additional allotment is made under Subchapter D of this chapter, a
9-27 district is entitled to an allotment of $2,450, <$2,200 for the
9-28 1991-1992 school year, $2,400 for the 1992-1993 school year, $2,600
9-29 for the 1993-1994 school year, and $2,800 for the 1994-1995 school
9-30 year and thereafter> or a greater amount adopted by the foundation
9-31 school fund budget committee under Section 16.256 of this code <for
9-32 the 1993-1994 school year and each school year thereafter>. A
9-33 different <greater> amount for any school year may be provided by
9-34 appropriation.
9-35 Sec. 16.102. Cost of Education Adjustment. (a) The basic
9-36 allotment for each district is adjusted to reflect the geographic
9-37 variation in known resource costs and costs of education due to
9-38 factors beyond the control of the school district. <Except as
9-39 provided by this section, the adjustment is that provided under
9-40 Section 16.206 of this code.>
9-41 (b) The adjustment for the 1993-1994 and
9-42 1994-1995 <1991-1992 and 1992-1993> school years is the cost of
9-43 education index and formula adopted in December 1990 by the
9-44 foundation school fund budget committee. The <For the 1991-1992
9-45 and 1992-1993 school years, the> commissioner of education shall
9-46 recalculate the cost of education index for school districts that
9-47 are eligible for the adjustment under Section 16.103 of this code,
9-48 excluding from the computation the calculation for the diseconomies
9-49 of scale component and substituting a value of 1.00. Beginning
9-50 with the 1995-1996 school year, the foundation school fund budget
9-51 committee shall determine the cost of education adjustment under
9-52 Section 16.256 of this code. <This subsection expires September 1,
9-53 1993.>
9-54 Sec. 16.103. SMALL DISTRICT ADJUSTMENT. (a) The basic
9-55 allotment for certain small districts is adjusted in accordance
9-56 with Subsections (b) and (c) of this section. In this section:
9-57 (1) "AA" is the district's adjusted allotment per
9-58 student;
9-59 (2) "ADA" is the number of students in average daily
9-60 attendance for which the district is entitled to an allotment under
9-61 Section 16.101 of this code; and
9-62 (3) "ABA" is the adjusted basic allotment determined
9-63 under Section 16.102 of this code.
9-64 (b) The basic allotment <average daily attendance> of a
9-65 school district that contains at least 300 square miles and has not
9-66 more than 1,600 students in average daily attendance is adjusted by
9-67 applying the formula:
9-68 (c) The basic allotment <average daily attendance> of a
9-69 school district that contains less than 300 square miles and has
9-70 not more than 1,600 students in average daily attendance is
10-1 adjusted by applying the formula:
10-2 <(e) This section expires September 1, 1993.>
10-3 Sec. 16.1031. USE OF SMALL DISTRICT ADJUSTMENT IN
10-4 CALCULATING SPECIAL ALLOTMENTS. In determining the amount of a
10-5 special allotment under Subchapter D of this chapter for a district
10-6 to which Section 16.103 of this code applies, a district's adjusted
10-7 basic allotment is considered to be the district's adjusted
10-8 allotment determined under Section 16.103. <This section expires
10-9 September 1, 1993.>
10-10 Sec. 16.104. Sparsity Adjustment. Notwithstanding Sections
10-11 16.101, 16.102, and 16.103 of this code, a school district that has
10-12 fewer than 130 students in average daily attendance shall be
10-13 provided an adjusted basic allotment on the basis of 130 average
10-14 daily attendance if it offers a kindergarten through grade 12
10-15 program and has prior or current year's average daily attendance of
10-16 at least 90 students or is 30 miles or more by bus route from the
10-17 nearest high school district. A district offering a kindergarten
10-18 through grade 8 program whose prior or current year's average daily
10-19 attendance was at least 50 students or which is 30 miles or more by
10-20 bus route from the nearest high school district shall be provided
10-21 an adjusted basic allotment on the basis of 75 average daily
10-22 attendance. An average daily attendance of 60 students shall be
10-23 the basis of providing the adjusted basic allotment if a district
10-24 offers a kindergarten through grade 6 program and has prior or
10-25 current year's average daily attendance of at least 40 students or
10-26 is 30 miles or more by bus route from the nearest high school
10-27 district. <This section expires September 1, 1993.>
10-28 SUBCHAPTER D. SPECIAL ALLOTMENTS
10-29 Sec. 16.151. Special Education. (a) For each student in
10-30 average daily attendance in a special education program under
10-31 Subchapter N, Chapter 21, of this code, in a mainstream
10-32 instructional arrangement, a school district is entitled to an
10-33 annual allotment equal to the adjusted basic allotment multiplied
10-34 by 1.1. For each full-time equivalent student in average daily
10-35 attendance in a special education program under Subchapter N,
10-36 Chapter 21, of this code, in an instructional arrangement other
10-37 than a mainstream instructional arrangement, a district is entitled
10-38 to an annual allotment equal to the adjusted basic allotment
10-39 multiplied by a weight determined according to instructional
10-40 arrangement as follows:
10-41 Homebound ................................... 5.0
10-42 Hospital class ........................ 3.0 <5.0>
10-43 Speech therapy ....................... 5.0 <7.11>
10-44 Resource room ......................... 3.0 <2.7>
10-45 Self-contained, mild and moderate,
10-46 regular campus ........................ 3.0 <2.3>
10-47 Self-contained, severe, regular
10-48 campus ................................ 3.0 <3.5>
10-49 Self-contained, separate campus ............. 2.7
10-50 Multidistrict class ................... 2.7 <3.5>
10-51 Nonpublic day school .................. 1.7 <3.5>
10-52 <Vocational adjustment class ............... 2.3>
10-53 Community class ....................... 2.7 <3.5>
10-54 <Mainstream ............................... 0.25>
10-55 (b) A special instructional arrangement for handicapped
10-56 students residing in care and treatment facilities, other than
10-57 state schools, whose parents or guardians do not reside in the
10-58 district providing education services shall be established under
10-59 the rules of the State Board of Education. The funding weight for
10-60 this arrangement shall be 4.0 <5.0> for those students who receive
10-61 their education service on a local school district campus. A
10-62 special instructional arrangement for handicapped students residing
10-63 in state schools shall be established under the rules of the State
10-64 Board of Education with a funding weight of 2.8 <5.0>.
10-65 (c) Beginning with the 1995-1996 school year, the
10-66 self-contained, separate campus; multidistrict class; and community
10-67 class instructional arrangements shall be combined into a single
10-68 instructional arrangement known as the off home campus
10-69 instructional arrangement. For funding purposes, the number of
10-70 contact hours credited per day for each student in the off home
11-1 campus instructional arrangement may not exceed the contact hours
11-2 credited per day for the multidistrict class instructional
11-3 arrangement in the 1992-1993 school year.
11-4 (d) Beginning with the 1995-1996 school year, for funding
11-5 purposes the contact hours credited per day for each student in the
11-6 resource room; self-contained, mild and moderate; and
11-7 self-contained, severe, instructional arrangements may not exceed
11-8 the average of the statewide total contact hours credited per day
11-9 for those three instructional arrangements in the 1992-1993 school
11-10 year.
11-11 (e) The State Board of Education by rule shall prescribe the
11-12 qualifications an instructional arrangement must meet in order to
11-13 be funded as a particular instructional arrangement under this
11-14 section. In prescribing the qualifications that a mainstream
11-15 instructional arrangement must meet, the board shall require that
11-16 the arrangement provide to eligible students with disabilities
11-17 special education services in the regular classroom with any
11-18 necessary direct or indirect special education support.
11-19 (f) In this section, "full-time equivalent student" means 30
11-20 hours of contact a week between a special education student and
11-21 special education program personnel.
11-22 (g) The State Board of Education shall adopt rules and
11-23 procedures governing contracts for residential placement of special
11-24 education students. The legislature shall provide by appropriation
11-25 for the state's share of the costs of those placements.
11-26 (h) Funds allocated under this section, other than an
11-27 indirect cost allotment established under State Board of Education
11-28 rule, must be used in the special education program under
11-29 Subchapter N, Chapter 21, of this code.
11-30 (i) In the determination of instructional arrangements for
11-31 students in residential instructional arrangements, the State Board
11-32 of Education shall develop arrangements that encourage placement of
11-33 students in the least restrictive environment appropriate for their
11-34 educational needs.
11-35 (j) The Central Education Agency shall encourage the
11-36 placement of students in special education programs in the least
11-37 restrictive environment appropriate for their educational needs.
11-38 <The Central Education Agency shall provide transitional support
11-39 for the movement of students from self-contained severe (totally
11-40 self-contained) to self-contained mild and moderate (partially
11-41 self-contained) instructional arrangements. For each student
11-42 placed in a partially self-contained classroom who was placed in a
11-43 totally self-contained classroom for at least two-thirds of the
11-44 prior year, a district will receive $2,500. This payment must be
11-45 used to facilitate the placement of the student in the less
11-46 restrictive environment (partially self-contained classroom). A
11-47 district may not receive more than one support payment for any
11-48 individual student. This support payment shall be forfeited by the
11-49 district if the student is returned to the totally self-contained
11-50 classroom instructional arrangement within one month of placement
11-51 into the partially self-contained classroom or within one year of
11-52 initial reclassification without adequate justification.>
11-53 (k) A school district that maintains for two successive
11-54 years a ratio of full-time equivalent students placed in partially
11-55 or totally self-contained classrooms to the number of full-time
11-56 equivalent students placed in resource room or mainstream
11-57 instructional arrangements <partially self-contained classrooms>
11-58 that is 25 percent higher than the statewide average ratio shall be
11-59 reviewed by the Central Education Agency to determine the
11-60 appropriateness of student placement. The commissioner of
11-61 education may reduce the special education allotment the district
11-62 receives to the level to which the district would be entitled if
11-63 the district's ratio was not more than 25 percent higher than the
11-64 statewide average ratio. <To the extent that there are net cost
11-65 savings to the state resulting from the movement of students from
11-66 totally self-contained to partially self-contained, as provided in
11-67 Subsection (j) of this section, those net savings will be directed
11-68 to regional education service centers to provide technical
11-69 assistance in accordance with Section 11.33(c) of this code
11-70 regarding the movement of students to less restrictive environments
12-1 to those school districts whose ratio of full-time equivalent
12-2 students placed in totally self-contained classrooms is 25 percent
12-3 higher than the statewide average.>
12-4 (l) A school district that provides an extended year program
12-5 required by federal law for special education students who may
12-6 regress is entitled to receive funds in an amount equal to 75
12-7 percent, or a lesser percentage determined by the commissioner of
12-8 education, of the adjusted basic allotment or adjusted allotment,
12-9 as applicable, for each full-time equivalent student in average
12-10 daily attendance, multiplied by the amount designated for the
12-11 student's instructional arrangement under this section, for each
12-12 day the program is provided divided by the number of days in the
12-13 minimum school year. The total amount of state funding for
12-14 extended year services under this section may not exceed $10
12-15 million per year. A school district may use funds received under
12-16 this section only in providing an extended year program <A student
12-17 in a mainstream instructional arrangement who is not also in
12-18 another instructional arrangement as provided in Subsection (a) of
12-19 this section is provided the support necessary for the student to
12-20 remain in the regular classroom. This support may include related
12-21 services as defined in Section 21.502 of this code, special
12-22 teaching, or other special education support services while in the
12-23 regular classroom>.
12-24 (m) From the total amount of funds appropriated for special
12-25 education under this section, the commissioner of education shall
12-26 withhold an amount specified in the General Appropriations Act,
12-27 which for the 1994-1995 biennium may not exceed $2 million, and
12-28 distribute that amount to school districts for programs under
12-29 Section 21.513 of this code. The program established under that
12-30 section is required only in school districts in which the program
12-31 is financed by funds distributed under this section and any other
12-32 funds available for the program. After deducting the amount
12-33 withheld under this subsection from the total amount appropriated
12-34 for special education, the commissioner of education shall reduce
12-35 each district's allotment proportionately and shall allocate funds
12-36 to each district accordingly.
12-37 Sec. 16.152. COMPENSATORY EDUCATION ALLOTMENT. (a) For
12-38 each student who is educationally disadvantaged or who is a
12-39 nonhandicapped student residing in a residential placement facility
12-40 in a district in which the student's parent or legal guardian does
12-41 not reside, a district is entitled to an annual allotment equal to
12-42 the adjusted basic allotment multiplied by 0.2, and by 2.41 for
12-43 each full-time equivalent student who is in a remedial and support
12-44 program under Section 21.557 of this code because the student is
12-45 pregnant.
12-46 (b) For purposes of this section, the number of
12-47 educationally disadvantaged students is determined by averaging the
12-48 best six months' enrollment in the national school lunch program of
12-49 free or reduced-price lunches for the preceding school year.
12-50 (c) Funds allocated under this section, other than an
12-51 indirect cost allotment established under State Board of Education
12-52 rule, which shall not exceed 15 percent, must be used in providing
12-53 remedial and compensatory education programs under Section 21.557
12-54 of this code, and the district must account for the expenditure of
12-55 state funds by program and by campus. Funds allocated under this
12-56 section, other than the indirect cost allotment, shall only be
12-57 expended to improve and enhance programs and services funded under
12-58 the regular education program.
12-59 (d) The Central Education Agency shall evaluate the
12-60 effectiveness of remedial and support programs provided under
12-61 Section 21.557 of this code for students at risk of dropping out of
12-62 school.
12-63 (e) A school district in which the actual dropout rate in
12-64 any school year exceeds the state's dropout rate goal for that year
12-65 under Subsection (a) of Section 11.205 of this code shall, for the
12-66 school year immediately following that school year, allocate a
12-67 percentage of the district's allotment under this section to
12-68 remedial and support programs under Section 21.557 of this code for
12-69 students at risk of dropping out of school. The percentage
12-70 allocated to those programs must be at least equal to the state's
13-1 actual dropout rate for the preceding year. The programs must be
13-2 programs authorized by the State Board of Education. The Central
13-3 Education Agency shall provide to the district technical assistance
13-4 in reducing the district's dropout rate. At the request of a
13-5 district, the commissioner of education may exempt the district
13-6 from the requirements of this section if the commissioner finds
13-7 that special circumstances in the district merit the exemption.
13-8 (f) The commissioner of education may:
13-9 (1) retain a portion of the total amount allotted
13-10 under Subsection (a) of this section that the commissioner
13-11 considers appropriate to finance pilot programs under Section
13-12 11.191 of this code and to finance intensive remedial instruction
13-13 programs and study guides provided under Sections 21.552(b) and (c)
13-14 of this code; and
13-15 (2) reduce each district's allotment proportionately.
13-16 (g) From the total amount of funds appropriated for
13-17 allotments under this section, the commissioner of education shall,
13-18 each fiscal year, withhold the amount of $10,000,000 and distribute
13-19 that amount for programs under Section 21.114 of this code. The
13-20 program established under that section is required only in school
13-21 districts in which the program is financed by funds distributed
13-22 under this section and any other funds available for the program.
13-23 (h) The commissioner of education shall coordinate the funds
13-24 withheld under Subsection (g) of this section and any other funds
13-25 available for the program and shall distribute those funds. To
13-26 receive funds for the program, a school district must apply to the
13-27 commissioner. The commissioner shall give a preference to the
13-28 districts that apply that have the highest concentration of
13-29 students who are pregnant or who are parents.
13-30 (i) The commissioner of education shall withhold funds
13-31 allocated under this section to a district that fails to timely
13-32 prepare or make available on request of a member of the general
13-33 public the report required under Section 21.557(i) of this code.
13-34 The commissioner may restore withheld funds only when the
13-35 commissioner is satisfied that the district has provided the
13-36 information requested.
13-37 (j) <(i)> After deducting the amount withheld under
13-38 Subsection (g) of this section from the total amount appropriated
13-39 for the allotment under Subsection (a) of this section, the
13-40 commissioner of education shall reduce each district's allotment
13-41 under Subsection (a) proportionately and shall allocate funds to
13-42 each district accordingly.
13-43 (k) <(j)> From the total amount of funds appropriated for
13-44 allotments under this section, the commissioner of education shall,
13-45 each fiscal year, withhold the amount of $5,000,000 and distribute
13-46 that amount for programs under Subchapter V, Chapter 21, of this
13-47 code. A program established under that subchapter is required only
13-48 in school districts in which the program is financed by funds
13-49 distributed under this section or other funds distributed by the
13-50 commissioner for a program under that subchapter.
13-51 (l) <(k)> The commissioner of education shall coordinate the
13-52 funds withheld under Subsection (k) <(j)> of this section and any
13-53 other funds available for the program and shall distribute those
13-54 funds. To receive funds for the program, a school district must
13-55 apply to the commissioner. The commissioner shall give a
13-56 preference to the districts that apply that have the highest
13-57 concentration of at-risk students. For each school year that a
13-58 school district receives funds under this section, the district
13-59 shall allocate an amount of local funds for school guidance and
13-60 counseling programs that is equal to or greater than the amount of
13-61 local funds that the school district allocated for that purpose
13-62 during the preceding school year.
13-63 (m) <(l)> After deducting the amount withheld under
13-64 Subsection (k) <(j)> of this section from the total amount
13-65 appropriated for the allotment under Subsection (a) of this
13-66 section, the commissioner of education shall reduce each district's
13-67 allotment under Subsection (a) on a per pupil basis.
13-68 Sec. 16.153. BILINGUAL EDUCATION ALLOTMENT. (a) For each
13-69 student in average daily attendance in a bilingual education or
13-70 special language program under Subchapter L, Chapter 21, of this
14-1 code, a district is entitled to an annual allotment equal to the
14-2 adjusted basic allotment multiplied by 0.1.
14-3 (b) Funds allocated under this section, other than an
14-4 indirect cost allotment established under State Board of Education
14-5 rule, must be used in providing bilingual education or special
14-6 language programs under Subchapter L, Chapter 21, of this code.
14-7 (c) A district's bilingual education or special language
14-8 allocation may be used only for program and pupil evaluation,
14-9 instructional materials and equipment, staff development,
14-10 supplemental staff expenses, salary supplements for teachers, and
14-11 other supplies required for quality instruction and smaller class
14-12 size.
14-13 Sec. 16.155. VOCATIONAL EDUCATION ALLOTMENT. (a) For each
14-14 full-time equivalent student in average daily attendance in an
14-15 approved vocational education program in grades nine through 12 or
14-16 in vocational education for the handicapped programs in grades
14-17 seven through 12, a district is entitled to an annual allotment
14-18 equal to the adjusted basic allotment multiplied by a weight of
14-19 1.37.
14-20 (b) In this section, "full-time equivalent student" means 30
14-21 hours of contact a week between a student and vocational education
14-22 program personnel.
14-23 (c) Funds allocated under this section, other than an
14-24 indirect cost allotment established under State Board of Education
14-25 rule, must be used in providing vocational education programs in
14-26 grades nine through 12 or vocational education for the handicapped
14-27 programs in grades seven through 12 under the provisions of
14-28 Sections 21.111, 21.1111, and 21.112 of this code.
14-29 (d) The indirect cost allotment established under board
14-30 rules shall first be effective for the 1991-1992 school year
14-31 consistent with the weight effective that year.
14-32 (e) The commissioner shall conduct a cost-benefit comparison
14-33 between vocational education programs and mathematics and science
14-34 programs.
14-35 (f) <(h)> Out of the total statewide allotment for
14-36 vocational education under this section, the commissioner of
14-37 education shall set aside an amount specified in the General
14-38 Appropriations Act, which may not exceed an amount equal to one
14-39 percent of the total amount appropriated, to support regional
14-40 vocational education planning committees established under Section
14-41 21.115(b) of this code. After deducting the amount set aside under
14-42 this subsection from the total amount appropriated for vocational
14-43 education under this section, the commissioner shall reduce each
14-44 district's allotment in the same manner described for a reduction
14-45 in state funds under Section 16.254<(d)> of this code.
14-46 Sec. 16.156. TRANSPORTATION ALLOTMENT. (a) Each district
14-47 or county operating a transportation system is entitled to
14-48 allotments for transportation costs as provided by this section.
14-49 (b) As used in this section:
14-50 (1) "Regular eligible pupil" means a pupil who resides
14-51 two or more miles from his or her campus of regular attendance,
14-52 measured along the shortest route that may be traveled on public
14-53 roads, and who is not classified as an eligible handicapped pupil.
14-54 (2) "Eligible handicapped pupil" means a pupil who is
14-55 handicapped as defined in Section 21.503 of this code and who would
14-56 be unable to attend classes without special transportation
14-57 services.
14-58 (3) "Linear density" means the average number of
14-59 regular eligible pupils transported daily, divided by the approved
14-60 daily route miles traveled by the respective transportation system.
14-61 (c) Each district or county operating a regular
14-62 transportation system is entitled to an allotment based on the
14-63 daily cost per regular eligible pupil of operating and maintaining
14-64 the regular transportation system and the linear density of that
14-65 system. In determining the cost, the commissioner shall give
14-66 consideration to factors affecting the actual cost of providing
14-67 these transportation services in each district or county. The
14-68 average actual cost is to be computed by the commissioner of
14-69 education and included for consideration by the Foundation School
14-70 Fund Budget Committee and the legislature in the General
15-1 Appropriations Act. The allotment per mile of approved route may
15-2 not exceed the amount set by appropriation.
15-3 (d) A district or county may apply for and on approval of
15-4 the commissioner of education receive an additional amount of up to
15-5 10 percent of its regular transportation allotment to be used for
15-6 the transportation of children living within two miles of the
15-7 school they attend who would be subject to hazardous traffic
15-8 conditions if they walked to school. Each board of trustees shall
15-9 provide to the commissioner the definition of hazardous conditions
15-10 applicable to that district and shall identify the specific
15-11 hazardous areas for which the allocation is requested. A hazardous
15-12 condition exists where no walkway is provided and children must
15-13 walk along or cross a freeway or expressway, an underpass, an
15-14 overpass or a bridge, an uncontrolled major traffic artery, an
15-15 industrial or commercial area, or another comparable condition.
15-16 (e) The state commissioner of education may grant an amount
15-17 set by appropriation for private or commercial transportation for
15-18 eligible pupils from isolated areas. The need for this type of
15-19 transportation grant shall be determined on an individual basis and
15-20 the amount granted shall not exceed the actual cost. The grants
15-21 shall be made only in extreme hardship cases, and no grants shall
15-22 be made if the pupils live within two miles of an approved school
15-23 bus route.
15-24 (f) The cost of transporting vocational education students
15-25 from one campus to another inside a district or from a sending
15-26 district to another secondary public school for a vocational
15-27 program or an area vocational school or to an approved
15-28 post-secondary institution under a contract for instruction
15-29 approved by the Central Education Agency shall be reimbursed based
15-30 on the number of actual miles traveled times the district's
15-31 official extracurricular travel per mile rate as set by their local
15-32 board of trustees and approved by the Central Education Agency.
15-33 (g) A school district or county that provides special
15-34 transportation services for eligible handicapped pupils is entitled
15-35 to a state allocation paid on a previous year's cost-per-mile
15-36 basis. The maximum rate per mile allowable shall be set by
15-37 appropriation based on data gathered from the first year of each
15-38 preceding biennium. Districts may use a portion of their support
15-39 allocation to pay transportation costs, if necessary. The
15-40 commissioner of education may grant an amount set by appropriation
15-41 for private transportation to reimburse parents or their agents for
15-42 transporting eligible handicapped pupils. The mileage allowed
15-43 shall be computed along the shortest public road from the pupil's
15-44 home to school and back, morning and afternoon. The need for this
15-45 type transportation shall be determined on an individual basis and
15-46 shall be approved only in extreme hardship cases.
15-47 (h) The allocation for eligible regular students transported
15-48 by the regular transportation system shall be increased by five
15-49 percent for any district or county school board which has complied
15-50 with the provisions of Section 21.173 of this code in accordance
15-51 with rules adopted by the State Board of Education.
15-52 (i) Funds allotted under this section must be used in
15-53 providing transportation services.
15-54 (j) In the case of a district belonging to a county
15-55 transportation system, the district's transportation allotment for
15-56 purposes of determining a district's foundation school program
15-57 allocations shall be determined on the basis of the number of
15-58 approved daily route miles in the district multiplied by the
15-59 allotment per mile to which the county transportation system is
15-60 entitled.
15-61 <Sec. 16.158. CAREER LADDER ALLOTMENT. (a) Each district
15-62 is entitled to an allotment for support of the career ladder equal
15-63 to its unadjusted average daily attendance multiplied by $90.>
15-64 <(b) An allotment under this section may be used only for
15-65 the purposes of career ladder supplements.>
15-66 <(c) From the funds designated for that purpose, the
15-67 district shall supplement the salary of each teacher above level
15-68 one on the career ladder. The district shall decide the amount of
15-69 supplement to be provided at each career ladder level.>
15-70 <(d) Money received under this section may not be used to
16-1 supplement the salary of an employee for directing cocurricular or
16-2 extracurricular activities.>
16-3 Sec. 16.159. Gifted and Talented Student Allotment.
16-4 (a) For each student a school district serves in a Central
16-5 Education Agency approved program for gifted and talented students
16-6 under Subchapter Q, Chapter 21, of this code or, in the case of a
16-7 district that is developing a program in accordance with standards
16-8 established by the commissioner of education, for each student the
16-9 district identifies as gifted and talented under State Board of
16-10 Education criteria, a district is entitled to an annual allotment
16-11 equal to the district's adjusted basic allotment as determined
16-12 under Section 16.102 or Section 16.103 of this code, as applicable,
16-13 multiplied by .12 for each school year or a greater amount provided
16-14 by appropriation.
16-15 (b) Funds allocated under this section, other than the
16-16 amount that represents the program's share of general
16-17 administrative costs, must be used in providing approved programs
16-18 for gifted and talented students under Subchapter Q, Chapter 21, of
16-19 this code or, in the case of a district that has not yet
16-20 established a program, in developing programs for gifted and
16-21 talented students. Each district must account for the expenditure
16-22 of state funds as provided by rule of the State Board of Education.
16-23 If by the end of the 12th month after receiving an allotment for
16-24 developing a program a district has failed to implement an approved
16-25 program, the district must refund the amount of the allotment to
16-26 the agency within 30 days.
16-27 (c) Not more than five percent of a district's students in
16-28 average daily attendance are eligible for funding under this
16-29 section.
16-30 (d) If the amount of state funds for which school districts
16-31 are eligible under this section exceeds the amount of state funds
16-32 appropriated in any year for the programs, the commissioner of
16-33 education shall reduce each district's allotment on a pro rata
16-34 basis.
16-35 (e) If the total amount of funds allotted under this section
16-36 before a date set by rule of the State Board of Education is less
16-37 than the total amount appropriated for a school year, the
16-38 commissioner shall distribute the remainder proportionately to the
16-39 districts that have received an allotment, and no other districts
16-40 are eligible for an allotment for that school year.
16-41 (f) After each district has received allotted funds for this
16-42 program, the State Board of Education may use up to $500,000 of the
16-43 funds allocated under this section for programs such as Future
16-44 Problem Solving Olympics of the Mind, and Academic Decathlon, as
16-45 long as these funds are used to train personnel and provide program
16-46 services. To be eligible for funding under this section, a program
16-47 must be determined by the State Board of Education to provide
16-48 services that are effective and consistent with the state plan for
16-49 gifted and talented education.
16-50 Sec. 16.160. TECHNOLOGY FUNDS. (a) Developmental and
16-51 technology allotment allocations under the provisions of Chapter 14
16-52 are included in the Foundation School Program.
16-53 (b) Each district shall be allotted the amount specified in
16-54 Section 14.063 of this code after deductions by the commissioner of
16-55 education for the purposes of financing programs authorized under
16-56 Subchapter C, Chapter 14, of this code.
16-57 SUBCHAPTER F. ACCOUNTABLE COSTS OF EDUCATION
16-58 Sec. 16.201. Purpose. The accountable costs of education
16-59 studies are designed to support the development of the equalized
16-60 funding elements necessary to provide an efficient state and local
16-61 public school finance system which meets the state policy
16-62 established in Section 16.001 of this code and provides the
16-63 research basis for the equalized funding elements under the
16-64 provisions of Section 16.256 of this code.
16-65 Sec. 16.202. STUDIES. On a biennial basis, the Legislative
16-66 Education Board and the Legislative Budget Board, with the
16-67 assistance of the Educational Economic Policy Center and the
16-68 Central Education Agency, shall complete each of the following
16-69 studies and develop recommended amounts where appropriate for each
16-70 year of the next biennium:
17-1 (1) a study of the fiscal neutrality of the system to
17-2 determine the status of the state and local finance system with
17-3 regard to the policies established under the provisions of Section
17-4 16.001 of this code, including recommendations for adjustments
17-5 necessary to maintain fiscal neutrality;
17-6 (2) the accountable costs per student to school
17-7 districts of providing educational programs, personnel, and other
17-8 operating costs that meet accreditation criteria and the provisions
17-9 of law and regulation;
17-10 (3) program cost differentials designed by program to
17-11 provide support for the added expense of high-cost courses or
17-12 programs for students participating in such courses or programs,
17-13 with the program funding level expressed as dollar amounts and as
17-14 weights applied to the adjusted basic allotment for the appropriate
17-15 year;
17-16 (4) transportation <and career ladder> allotments;
17-17 (5) the levels of tax effort necessary for each tier
17-18 of the Foundation School Program necessary to fulfill the
17-19 requirements of Sections 16.001 and 16.008 of this code; and
17-20 (6) capital outlay and debt service requirements and
17-21 formula elements for the requirements of Subchapter I of this
17-22 chapter or other provisions of this chapter.
17-23 Sec. 16.203. Procedures. (a) The program cost
17-24 differentials developed jointly by the Legislative Education Board
17-25 and the Legislative Budget Board shall be submitted to the
17-26 foundation school fund budget committee for adoption beginning with
17-27 the 1993-1994 school year. If the foundation school fund budget
17-28 committee fails to adopt by April 1 the program cost differentials
17-29 for the following school year, the commissioner of education, after
17-30 considering the recommendations developed by those boards, shall
17-31 adopt program cost differentials.
17-32 (b) The commissioner of education shall provide appropriate
17-33 assistance to the boards for the calculation of the various funding
17-34 elements. Subject to review by the Legislative Education Board,
17-35 the commissioner of education shall retain from the allotments
17-36 under Sections 16.102 and 16.103 of this code and Subchapter D of
17-37 this chapter amounts appropriate to finance necessary additional
17-38 costs for the studies required under this subchapter.
17-39 (c) The boards may appoint advisory committees to assist in
17-40 the development of the various funding elements and studies
17-41 required under this subchapter. Advisory committee members serve
17-42 without compensation but are entitled to reimbursement for actual
17-43 and necessary expenses incurred in the performance of their duties.
17-44 Reimbursement shall be from funds available under Subsection (b) of
17-45 this section or from other funds available to the boards.
17-46 (d) In the studies relating to program cost differentials
17-47 the boards shall give special consideration to cost factors
17-48 associated with class size, laboratory expenses, materials,
17-49 equipment, teacher training, necessary salary supplementation, and
17-50 special services related to individual courses or groups of
17-51 courses.
17-52 <Sec. 16.204. NAVAL MILITARY FACILITY IMPACT. (a) The
17-53 model on which a cost of education index is based must specifically
17-54 consider the impact of a significant new naval military facility on
17-55 each district in an impacted region.>
17-56 <(b) If the construction or operation of a significant new
17-57 naval military facility begins during a school year, the
17-58 Legislative Education Board and the Legislative Budget Board shall
17-59 recommend the adjustment of the basic allotment during that school
17-60 year to consider any impact of the facility on the cost of
17-61 education index of the districts in the impacted region.>
17-62 <(c) In this section, "significant new naval military
17-63 facility" and "impacted region" have the meanings assigned by
17-64 Section 4, Article 1, National Defense Impacted Region Assistance
17-65 Act of 1985 (Article 689a-4d, Vernon's Texas Civil Statutes).>
17-66 <(d) This section expires September 1, 1993.>
17-67 Sec. 16.205. Efficiency in Administration Report. (a) The
17-68 commissioner of education shall conduct a study to determine the
17-69 most appropriate and efficient method for reporting and monitoring
17-70 the allocation of resources by school districts.
18-1 (b) The study shall identify the most effective means for
18-2 calculating, monitoring, and reporting the proportion of resources
18-3 that school districts allocate for their administrative costs and
18-4 shall include administrator-teacher ratios.
18-5 (c) The study shall include a description of average
18-6 efficient administrative expenditures by districts with
18-7 consideration of district size and demographics.
18-8 (d) Prior to the beginning of each regular session of the
18-9 legislature, the agency shall provide a report with recommendations
18-10 to the Legislative Education Board and the legislature.
18-11 (e) The study is an element of the study of accountable
18-12 costs of education under this subchapter.
18-13 <Sec. 16.206. COST ADJUSTMENTS. (a) The lieutenant
18-14 governor shall appoint five members of the senate and the speaker
18-15 of the house of representatives shall appoint five members of the
18-16 house to a committee to conduct a study of certain costs of
18-17 providing public education as provided by this section. The
18-18 lieutenant governor and the speaker shall make the appointments not
18-19 later than September 1, 1991.>
18-20 <(b) The committee shall examine methods of adjusting for
18-21 specific resource cost variations caused by factors beyond the
18-22 control of school districts. The committee shall recommend
18-23 adjustments for these factors that will provide the most efficient
18-24 service delivery considering optimum district size, enrollment
18-25 growth, and other cost factors. For the purpose of the study, the
18-26 committee shall divide districts and campuses into a variety of
18-27 categories that may include region, size, area, density,
18-28 educational characteristics, and economic conditions.>
18-29 <(c) The committee may appoint one or more advisory panels
18-30 to assist the committee in conducting the study. Advisory panel
18-31 members serve without compensation but are entitled to
18-32 reimbursement for actual and necessary expenses incurred in the
18-33 performance of their duties.>
18-34 <(d) The committee shall recommend adjustments to the
18-35 Foundation School Program for resource cost variations caused by
18-36 factors beyond the control of school districts to the foundation
18-37 school fund budget committee not later than June 1, 1992. The
18-38 adjustments shall include:>
18-39 <(1) an adjustment to account for fast enrollment
18-40 growth and other factors relevant to a district's need for
18-41 facilities; and>
18-42 <(2) appropriate treatment of the calculation of
18-43 weighted students under Section 16.302 of this code.>
18-44 <(e) The foundation school fund budget committee by rule
18-45 shall adopt adjustments to the Foundation School Program for
18-46 resource cost variations beyond the control of school districts to
18-47 apply beginning with the 1993-1994 school year. The foundation
18-48 school fund budget committee shall report the adjustments adopted
18-49 to the legislature and the commissioner of education. If the
18-50 foundation school fund budget committee fails to adopt the
18-51 adjustments by November 1, 1992, the commissioner of education by
18-52 rule shall adopt adjustments not later than December 1, 1992.>
18-53 <(f) The rules adopted under this section apply beginning
18-54 with the 1993-1994 school year. If no rules are adopted under this
18-55 section, the basic allotment calculated under Sections 16.008 and
18-56 16.256(e) of this code shall be increased to reflect the costs
18-57 associated with the adjustments made by the cost of education index
18-58 and formula for the 1992-1993 school year.>
18-59 SUBCHAPTER G. FINANCING THE PROGRAM
18-60 Sec. 16.251. FINANCING; GENERAL RULE. (a) The sum of the
18-61 basic allotment under Subchapter C, the special allotments under
18-62 Subchapter D, and the guaranteed yield allotments under Subchapter
18-63 H, computed in accordance with the provisions of this chapter,
18-64 constitute the total cost of the Foundation School Program.
18-65 (b) The program shall be financed by:
18-66 (1) ad valorem tax revenue generated by an equalized
18-67 uniform school <county education> district effort;
18-68 (2) ad valorem tax revenue generated by local school
18-69 district effort in excess of the equalized uniform school <county
18-70 education> district effort;
19-1 (3) state available school funds distributed in
19-2 accordance with law; and
19-3 (4) state funds appropriated for the purposes of
19-4 public school education and allocated to each district in an amount
19-5 sufficient to finance the cost of each district's Foundation School
19-6 Program not covered by other funds specified in this subsection.
19-7 (c) The commissioner of education shall compute for each
19-8 school district the total amount, if any, by which the district's
19-9 total revenue is reduced from one school year to the next because
19-10 of a change in the method of finance under this chapter. The
19-11 commissioner shall certify the amount of the reduction to the
19-12 school district for use in determining the school district's
19-13 rollback rate under Section 26.08, Tax Code.
19-14 Sec. 16.252. LOCAL SHARE OF PROGRAM COST (TIER ONE).
19-15 (a) Each school <county education> district's share of the
19-16 Foundation School Program shall be an amount determined by the
19-17 following formula:
19-18 where:
19-19 "LFA" is the <county education> district's tier one local
19-20 share;
19-21 "TR" is a tax rate which for each hundred dollars of
19-22 valuation is $0.90 <$0.72 for the 1991-1992 school year, $0.82 for
19-23 the 1992-1993 school year, $0.92 for the 1993-1994 school year, and
19-24 $1.00 for each school year thereafter>; and
19-25 "DPV" is the taxable value of property in the <county
19-26 education> district for the prior tax year determined under Section
19-27 11.86 of this code.
19-28 (b) The commissioner of education shall adjust the values
19-29 reported in the official report of the comptroller as required by
19-30 Section 5.09(a), <Property> Tax Code, to reflect reductions in
19-31 taxable value of property resulting from natural or economic
19-32 disaster after January 1 in the year in which the valuations are
19-33 determined. The decision of the commissioner of education shall be
19-34 final. An adjustment does not affect the local fund assignment of
19-35 any other school <county education> district.
19-36 (c) Appeals of district values shall be held pursuant to
19-37 Subsection (e) of Section 11.86 of this code.
19-38 (d) A school <county education> district shall raise its
19-39 total local share of the foundation school program. <The funds
19-40 shall be reallocated to the school districts in the county
19-41 education district in the manner prescribed by Subchapter J of this
19-42 chapter.>
19-43 (e) The commissioner of education shall hear appeals from
19-44 school <county education> districts which have experienced a rapid
19-45 decline in tax base used in calculating the local fund assignment,
19-46 exceeding eight percent of prior year, that is beyond the control
19-47 of the board of trustees of the school <county education> district.
19-48 The commissioner of education may adjust the school <county
19-49 education> district's taxable values for local fund assignment
19-50 purposes for such losses in value exceeding eight percent and
19-51 thereby adjust the local fund assignment to reflect the local
19-52 current year taxable value. The decision of the commissioner of
19-53 education shall be final. An adjustment does not affect the local
19-54 fund assignment of any other school <county education> district.
19-55 Sec. 16.254. DISTRIBUTION OF FOUNDATION SCHOOL FUND.
19-56 (a) For each school year the commissioner of education shall
19-57 determine:
19-58 (1) the amount of money to which a school district is
19-59 entitled under Subchapters C and D of this chapter;
19-60 (2) the amount of money to which a school district is
19-61 entitled under Subchapter H of this chapter;
19-62 (3) the amount of money allocated to the district from
19-63 the available school fund;
19-64 (4) the amount of each district's tier one local share
19-65 under Section 16.252 of this code; and
19-66 (5) the amount of each district's tier two local share
19-67 under Section 16.303 of this code.
19-68 (b) The commissioner shall base the determinations under
19-69 Subsection (a) of this section on the estimates provided to the
19-70 legislature under Section 16.2541 of this code for each school
20-1 district for each school year or different estimates provided by
20-2 the General Appropriations Act.
20-3 (c) Each school district is entitled to an amount equal to
20-4 the difference for that district between the sum of Subsections
20-5 (a)(1) and (a)(2) of this section and the sum of Subsections
20-6 (a)(3), (a)(4), and (a)(5) of this section.
20-7 (d) The commissioner shall approve warrants to each school
20-8 district equaling the amount of its entitlement except as provided
20-9 by this section. Warrants for all money expended according to this
20-10 chapter shall be approved and transmitted to treasurers or
20-11 depositories of school districts in the same manner that warrants
20-12 for state payments are transmitted.
20-13 (e) The commissioner shall recompute the amount to which the
20-14 district is entitled under Subsection (c) of this section if a
20-15 school district's tax rate is less than the limit authorized under
20-16 this subsection. For a district with a taxable value of property
20-17 per weighted student in average daily attendance that is equal to
20-18 or greater than the average value for a school district in this
20-19 state, as determined under Section 11.86 of this code, the amount
20-20 to which the district is entitled under this section may not exceed
20-21 the amount to which the district would be entitled at the
20-22 district's tax rate for the final year of the preceding biennium,
20-23 or a different tax rate provided by appropriation. For a district
20-24 with a taxable value of property per weighted student in average
20-25 daily attendance of zero, the amount to which the district is
20-26 entitled under this section may not exceed the amount to which the
20-27 district is entitled at the district's tax rate for the current
20-28 year up to the limit of a rate that is a $0.10 increase in rate
20-29 over the last year of the preceding biennium. For other districts
20-30 with a taxable value of property per weighted student in average
20-31 daily attendance that is lower than the state average, the
20-32 commissioner of education shall provide for a proportionately lower
20-33 limit under this section based on each district's taxable value of
20-34 property so that the closer a district's taxable value of property
20-35 per weighted student in average daily attendance is to the state
20-36 average, the lower the limit. The commissioner annually shall
20-37 certify to districts with a taxable value of property per weighted
20-38 student in average daily attendance that is lower than the state
20-39 average, the amount of district revenue within the limit prescribed
20-40 under this section. The commissioner shall recompute the amount to
20-41 which a district is entitled to the extent necessary under this
20-42 section. The commissioner shall approve warrants to the school in
20-43 the amount that results from the new computation. An amount equal
20-44 to the difference between the initial allocation and the amount of
20-45 the warrants shall be transferred to a special account in the
20-46 foundation school fund known as the reserve account.
20-47 (f) Amounts transferred to the reserve account under
20-48 Subsection (e) of this section shall be used in the succeeding
20-49 fiscal year to finance increases in allocations to school districts
20-50 under Subsection (i) of this section. If the amount in the reserve
20-51 account is less than the amount of the increases under Subsection
20-52 (i) of this section for the second year of a state fiscal biennium,
20-53 the commissioner shall certify the amount of the difference to the
20-54 foundation school fund budget committee not later than January 1 of
20-55 the second year of the state fiscal biennium. The committee shall
20-56 propose to the legislature that the certified amount be transferred
20-57 to the foundation school fund from the economic stabilization fund
20-58 and appropriated for the purpose of increases in allocations under
20-59 Subsection (h) of this section.
20-60 (g) If a school district demonstrates to the satisfaction of
20-61 the commissioner that the estimate of the district's tax rate,
20-62 student enrollment, or taxable value of property used in
20-63 determining the amount of state funds to which the district is
20-64 entitled are so inaccurate as to result in undue financial hardship
20-65 to the district, the commissioner may adjust funding to that
20-66 district in that school year to the extent that funds are available
20-67 for that year, including funds in the reserve account. Funds in
20-68 the reserve account may not be used under this subsection until any
20-69 reserve funds have been used for purposes of Subsection (f) of this
20-70 section.
21-1 (h) If the legislature fails during the regular session to
21-2 enact the transfer and appropriation proposed under Subsection (f)
21-3 of this section and there are not funds available under Subsection
21-4 (j) of this section, the commissioner shall reduce the total amount
21-5 of state funds allocated to each district by an amount determined
21-6 by a method under which the application of the same number of cents
21-7 of increase in tax rate in all districts applied to the taxable
21-8 value of property of each district, as determined under Section
21-9 11.86 of this code, results in a total levy equal to the total
21-10 reduction. The following fiscal year, a district's entitlement
21-11 under this section is increased by an amount equal to the reduction
21-12 made under this subsection.
21-13 (i) Not later than March 1 each year, the commissioner shall
21-14 determine the actual amount of state funds to which each school
21-15 district is entitled under the allocation formulas in this chapter
21-16 for the current school year and shall compare that amount with the
21-17 amount of the warrants issued to each district for that year. If
21-18 the amount of the warrants differs from the amount to which a
21-19 district is entitled because of variations in the district's tax
21-20 rate, student enrollment, or taxable value of property, the
21-21 commissioner shall adjust the district's entitlement for the next
21-22 fiscal year accordingly.
21-23 (j) The legislature may appropriate funds necessary for
21-24 increases under Subsection (i) of this section from funds that the
21-25 comptroller, at any time during the fiscal year, finds are
21-26 available.
21-27 (k) The commissioner shall compute for each school district
21-28 the total amount by which the district's allocation of state funds
21-29 is increased or reduced under Subsection (i) of this section and
21-30 shall certify that amount to the district.
21-31 (l) The commissioner shall compute for each school district
21-32 the total amount, if any, by which the district's total revenue is
21-33 reduced from one school year to the next because of a change in the
21-34 method of finance under this chapter. The commissioner shall
21-35 certify the amount of the reduction to the school district for use
21-36 in determining the school district's rollback rate under Section
21-37 26.08, Tax Code.
21-38 (m) In this section, the number of weighted students in
21-39 average daily attendance is calculated in the manner provided by
21-40 Section 16.302 of this code.
21-41 Sec. 16.2541. ESTIMATES REQUIRED. (a) Not later than
21-42 October 1 of each even-numbered year:
21-43 (1) the Central Education Agency shall submit to the
21-44 foundation school fund budget committee and the legislature an
21-45 estimate of the tax rate and student enrollment of each school
21-46 district for the following biennium; and
21-47 (2) the comptroller shall submit to the foundation
21-48 school fund budget committee and the legislature an estimate of the
21-49 total taxable value of all property in the state as determined
21-50 under Section 11.86 of this code for the following biennium.
21-51 (b) The Central Education Agency and the comptroller shall
21-52 update the information provided to the legislature under Subsection
21-53 (a) of this section not later than March 1 of each odd-numbered
21-54 year. <(a) The commissioner of education shall determine
21-55 annually:>
21-56 <(1) the amount of money necessary to operate a
21-57 Foundation School Program in each school district;>
21-58 <(2) the amount of local funds due the school district
21-59 from the local fund assignment of the county education district;
21-60 and>
21-61 <(3) the amount of state available school funds
21-62 distributed to each school district.>
21-63 <(b) The commissioner of education shall then grant to each
21-64 school district from the Foundation School Program appropriation
21-65 the amount of funds necessary to provide the difference between
21-66 Subdivision (1) and the sum of Subdivisions (2) and (3) of
21-67 Subsection (a) of this section.>
21-68 <(c) The commissioner shall approve warrants to each school
21-69 district equaling the amount of its grant. Warrants for all money
21-70 expended according to the provisions of this chapter shall be
22-1 approved and transmitted to treasurers or depositories of school
22-2 districts in the same manner as warrants for state apportionment
22-3 are transmitted.>
22-4 <(d) Notwithstanding any other provision of this chapter, if
22-5 for any year the total state's share of the Foundation School
22-6 Program, as determined under this chapter, exceeds the total amount
22-7 appropriated for that year, the commissioner shall reduce the total
22-8 amount of state funds allocated to each district by an amount
22-9 determined by a method under which the application of the same
22-10 number of cents of increase in tax rate applied to the taxable
22-11 value of property of each district, as determined under Section
22-12 11.86 of this code, results in a levy for each district equal to
22-13 the amount deducted from that district's allocation.>
22-14 <(e) The commissioner of education shall compute for each
22-15 school district the total amount by which the district's allocation
22-16 of state funds is reduced under Subsection (d) of this section and
22-17 shall certify that amount to the district.>
22-18 Sec. 16.255. Falsification of Records; Report. (a) When,
22-19 in the opinion of the director of school audits of the Central
22-20 Education Agency, audits or reviews of accounting, enrollment, or
22-21 other records of a school district reveal deliberate falsification
22-22 of the records, or violation of the provisions of this chapter,
22-23 whereby the district's share of state funds allocated under the
22-24 authority of this chapter would be, or has been, illegally
22-25 increased, the director shall promptly and fully report the fact to
22-26 the State Board of Education and the state auditor.
22-27 (b) In the event of overallocation of state funds, as
22-28 determined by the State Board of Education or the state auditor by
22-29 reference to the director's report, the Central Education Agency
22-30 shall, by withholding from subsequent allocations of state funds,
22-31 recover from the district an amount, or amounts, equal to the
22-32 overallocation.
22-33 Sec. 16.256. FOUNDATION SCHOOL FUND BUDGET COMMITTEE.
22-34 (a) The foundation school fund budget committee is composed of the
22-35 governor, the lieutenant governor, and the comptroller <of public
22-36 accounts>.
22-37 (b) On or before December <November> 1 before each regular
22-38 session of the legislature, the budget committee shall determine
22-39 and certify to the comptroller <of public accounts> an amount of
22-40 money to be placed in the foundation school fund for the succeeding
22-41 biennium for the purpose of financing the Foundation School Program
22-42 as described in this code.
22-43 (c) The budget committee may, during the biennium, change
22-44 the estimate of money necessary to finance the Foundation School
22-45 Program.
22-46 (d) The foundation school fund budget committee shall adopt
22-47 rules for the calculation for each year of a biennium of the
22-48 qualified funding elements necessary to achieve the state funding
22-49 policy under Section 16.001 of this code not later than the
22-50 1994-1995 school year and for each year thereafter. In the
22-51 calculation of these funding elements, the committee shall consider
22-52 the report of the Legislative Education Board prescribed under
22-53 Section 16.008 of this code.
22-54 (e) The funding elements shall include:
22-55 (1) a basic allotment for the purposes of Section
22-56 16.101 of this code that represents the cost per student of a
22-57 regular education program that meets the basic criteria for an
22-58 accredited program including all mandates of law and regulation;
22-59 (2) adjustments designed to reflect the variation in
22-60 known resource costs and costs of education beyond the control of
22-61 school districts;
22-62 (3) appropriate program cost differentials and other
22-63 funding elements for the programs authorized under Subchapter D of
22-64 this chapter, with the program funding level expressed as dollar
22-65 amounts and as weights applied to the adjusted basic allotment for
22-66 the appropriate year;
22-67 (4) the maximum guaranteed level of qualified state
22-68 and local funds per student for the purposes of Subchapter H of
22-69 this chapter;
22-70 (5) the enrichment and facilities tax rate under
23-1 Subchapter H of this chapter;
23-2 (6) the formula elements for the funding formulas for
23-3 capital outlay and debt service under the provision of Subchapter I
23-4 of this chapter; and
23-5 (7) the calculation of weighted students in average
23-6 daily attendance under Section 16.302 of this code.
23-7 (f) Not <Beginning in 1992, not> later than December
23-8 <November> 1 preceding each regular session of the legislature, the
23-9 foundation school fund budget committee by rule shall adopt and
23-10 report the equalized funding elements calculated under this section
23-11 to the commissioner of education and the legislature. Before the
23-12 committee adopts the elements, the committee or the committee's
23-13 designees shall hold a public hearing on the recommendations of the
23-14 Legislative Education Board.
23-15 <(g) Notwithstanding other provisions of this section, the
23-16 funding elements adopted by the foundation school fund budget
23-17 committee for the 1993-1994 school year and the 1994-1995 school
23-18 year shall provide for appropriate transition from the program in
23-19 effect for the 1992-1993 school year.>
23-20 Sec. 16.258. Effect Of Appraisal Appeal. (a) If the final
23-21 determination of an appeal under Chapter 42, Tax Code, results in a
23-22 reduction in the taxable value of property that exceeds five
23-23 percent of the total taxable value of property in the school
23-24 district for the same tax year determined under Section 11.86 of
23-25 this code, the commissioner of education shall request the
23-26 comptroller to adjust its taxable property value findings for that
23-27 year consistent with the final determination of the appraisal
23-28 appeal.
23-29 (b) If the district would have received a greater amount
23-30 from the foundation school fund for the applicable school year
23-31 using the adjusted value, the commissioner shall add the difference
23-32 to subsequent distributions to the district from the foundation
23-33 school fund. An adjustment does not affect the local fund
23-34 assignment of any other district.
23-35 Sec. 16.260. FOUNDATION SCHOOL FUND TRANSFERS. (a) In this
23-36 section:
23-37 (1) "Category 1 school district" means a school
23-38 district having a wealth of less than one-half of the statewide
23-39 average wealth.
23-40 (2) "Category 2 school district" means a school
23-41 district having a wealth of at least one-half of the statewide
23-42 average wealth per pupil but not more than the statewide average
23-43 wealth.
23-44 (3) "Category 3 school district" means a school
23-45 district having a wealth of more than the statewide average wealth.
23-46 (4) "Wealth" means the taxable property values
23-47 reported by the comptroller to the commissioner of education under
23-48 Section 16.252 of this code divided by the number of students in
23-49 average daily attendance.
23-50 (b) Payments from the foundation school fund to each
23-51 category 1 school district shall be made as follows:
23-52 (1) 21 percent of the yearly entitlement of the
23-53 district shall be paid in two equal installments to be made on or
23-54 before the 25th day of September and October of a fiscal year;
23-55 (2) 57 percent of the yearly entitlement of the
23-56 district shall be paid in six equal installments to be made on or
23-57 before the 25th day of November, December, January, February,
23-58 March, and July; and
23-59 (3) 22 percent of the yearly entitlement of the
23-60 district shall be paid in two equal installments to be made on or
23-61 before the 25th day of April and May.
23-62 (c) Payments from the foundation school fund to each
23-63 category 2 school district shall be made as follows:
23-64 (1) 21 percent of the yearly entitlement of the
23-65 district shall be paid in two equal installments to be made on or
23-66 before the 25th day of September and October of a fiscal year;
23-67 (2) 38 percent of the yearly entitlement of the
23-68 district shall be paid in four equal installments to be made on or
23-69 before the 25th day of November, December, March, and July;
23-70 (3) seven percent of the yearly entitlement of the
24-1 <school> district shall be paid in two equal installments to be
24-2 made on or before the 25th day of January and February;
24-3 (4) 22 percent of the yearly entitlement of the
24-4 <school> district shall be paid in two equal installments to be
24-5 made on or before the 25th day of April and May; and
24-6 (5) 12 percent of the yearly entitlement of the
24-7 <school> district shall be paid in two equal installments to be
24-8 made on or before the 25th day of June and August.
24-9 (d) Payments from the foundation school fund to each
24-10 category 3 school district shall be made as follows:
24-11 (1) 21 percent of the yearly entitlement of the
24-12 district <school> shall be paid in two equal installments to be
24-13 made on or before the 25th day of September and October of a fiscal
24-14 year;
24-15 (2) 57 percent of the yearly entitlement of the
24-16 district <school> shall be paid in six equal installments to be
24-17 made on or before the 25th day of November, December, March, June,
24-18 July, and August; and
24-19 (3) 22 percent of the yearly entitlement of the
24-20 <school> district shall be paid in two equal installments to be
24-21 made on or before the 25th day of April and May.
24-22 (e) The amount of any installment required by this section
24-23 may be modified to provide a school district with the proper amount
24-24 to which the district may be entitled by law and to correct errors
24-25 in the allocation or distribution of funds. If an installment
24-26 under this section is required to be equal to other installments,
24-27 the amount of other installments may be adjusted to provide for
24-28 that equality. A payment under this section is not invalid because
24-29 it is not equal to other installments.
24-30 SUBCHAPTER H. GUARANTEED YIELD PROGRAM (TIER TWO)
24-31 Sec. 16.301. PURPOSE. The purpose of the guaranteed yield
24-32 component of the Foundation School Program is to provide each
24-33 school district with the opportunity to supplement the basic
24-34 program at a level of its own choice and with access to additional
24-35 funds for facilities. An allotment under this subchapter may be
24-36 used for any legal purpose, including capital outlay and debt
24-37 service.
24-38 Sec. 16.302. ALLOTMENT. (a) For each weighted student in
24-39 average daily attendance, each <Each> school district is guaranteed
24-40 a specified amount <per weighted student> in state and local funds
24-41 for each cent of tax effort over the tax effort <that> required for
24-42 the tier one local fund assignment under Section 16.252 of this
24-43 code <of the county education district in which the school district
24-44 is located> up to the maximum level specified in this subchapter.
24-45 For each cent of tax effort under this section up to 30 cents, a
24-46 district is entitled to an amount equal to $20 per weighted student
24-47 in average daily attendance. For each incremental cent of that tax
24-48 effort greater than 30 cents and up to 60 cents, a district is
24-49 entitled to an amount per weighted student in average daily
24-50 attendance based on the following formula:
24-51 where:
24-52 "GY" is the amount guaranteed per weighted student in average
24-53 daily attendance for each incremental cent of tax effort greater
24-54 than 30 cents, up to 60 cents; and
24-55 "DTR" is the incremental cent of tax effort greater than 30
24-56 cents that applies to the given guaranteed yield amount. <The
24-57 amount of state support, subject only to the maximum amount under
24-58 Section 16.303 of this code, is determined by the formula:>
24-59 <where:>
24-60 <"GYA" is the guaranteed yield amount of state funds to be
24-61 allocated to the district;>
24-62 <"GL" is the dollar amount guaranteed level of state and
24-63 local funds per weighted student per cent of tax effort, which is
24-64 $21.50 for the 1991-1992 school year, $22.50 for the 1992-1993
24-65 school year, $26 for the 1993-1994 school year, and $28 for each
24-66 school year thereafter, or a greater amount for any year provided
24-67 by appropriation, or a greater amount adopted by the foundation
24-68 school fund budget committee under Section 16.256(d) of this code
24-69 for the 1993-1994 or 1994-1995 school year or thereafter;>
24-70 (b) In this section, <"WADA", except as provided by Section
25-1 16.206 of this code, is> the number of weighted students in average
25-2 daily attendance<, which> is calculated by dividing the sum of the
25-3 school district's allotments under Subchapters C and D of this
25-4 chapter, less any allotments to the district for transportation<,
25-5 career ladder supplements,> or technology and 50 percent of the
25-6 adjustment under Section 16.102 of this code, by the basic
25-7 allotment for the applicable year.<;>
25-8 (c) The funding elements provided by this section may be
25-9 increased by the foundation school fund budget committee or
25-10 modified by appropriation.
25-11 <"DTR" is the district enrichment and facilities tax rate of
25-12 the school district, which is determined by dividing the total
25-13 amount of taxes collected by the school district for the applicable
25-14 school year by the quotient of the district's taxable value of
25-15 property as determined under Section 11.86 of this code divided by
25-16 100; and>
25-17 <"LR" is the local revenue, which is determined by
25-18 multiplying "DTR" by the quotient of the district's taxable value
25-19 of property as determined under Section 11.86 of this code divided
25-20 by 100.>
25-21 <(b) Beginning with the 1993-1994 school year, if the
25-22 program cost differentials developed jointly by the Legislative
25-23 Education Board and the Legislative Budget Board under Section
25-24 16.203 of this code and the adjustments studied under Section
25-25 16.206 of this code are not adopted by the foundation school fund
25-26 budget committee or the commissioner of education, the amount
25-27 guaranteed under this section is an amount per student rather than
25-28 per weighted student and a school district's average daily
25-29 attendance ("ADA") under Section 16.006 of this code is substituted
25-30 for "WADA" in the formula under Subsection (a) of this section.>
25-31 Sec. 16.303. LOCAL SHARE OF PROGRAM COST (TIER TWO). Each
25-32 school district's share of program costs under this subchapter
25-33 shall be an amount determined by the following formula:
25-34 where:
25-35 "LFA" is the district's tier two local share;
25-36 "TR" is the district's tax rate under Section 16.302 of this
25-37 code; and
25-38 "DPV" is the taxable value of property in the district for
25-39 the prior tax year determined under Section 11.86 of this code.
25-40 <LIMITATION ON ENRICHMENT AND FACILITIES TAX RATE. The district
25-41 enrichment and facilities tax rate ("DTR") under Section 16.302 of
25-42 this code may not exceed $0.45 or a greater amount for 1993-1994
25-43 and 1994-1995 school years or thereafter as adopted by the
25-44 foundation school fund budget committee under Section 16.256(d) of
25-45 this code.>
25-46 Sec. 16.304. COMPUTATION OF AID FOR DISTRICT ON MILITARY
25-47 RESERVATION OR AT STATE SCHOOL. State assistance under this
25-48 subchapter for a school district located on a federal military
25-49 installation or at Moody State School is computed using the average
25-50 tax rate and property value per student of school districts in the
25-51 county, as determined by the commissioner of education.
25-52 SUBCHAPTER I. CAPITAL OUTLAY AND DEBT SERVICE
25-53 Sec. 16.401. Inventory of School Facilities. (a) The State
25-54 Board of Education shall establish a statewide inventory of school
25-55 facilities and shall update the inventory on a periodic basis.
25-56 (b) The inventory shall include information on the
25-57 condition, use, type, and replacement cost of public school
25-58 facilities in this state.
25-59 Sec. 16.402. Standards. The State Board of Education shall
25-60 establish standards for adequacy of school facilities. The
25-61 standards shall include requirements related to space, educational
25-62 adequacy, and construction quality. All facilities constructed
25-63 after September 1, 1992, must meet the standards in order to be
25-64 financed with state or local tax funds.
25-65 Sec. 16.403. Advisory Committee. The State Board of
25-66 Education shall appoint a committee composed of 15 persons
25-67 knowledgeable of various aspects of school facility planning,
25-68 construction, renovation, and financing. The advisory committee
25-69 shall provide the board and the commissioner with assistance on the
25-70 development of the inventory system, the creation of facility
26-1 standards, and the conduct of facility research related to current
26-2 and future roles of the state in the provision of financial and
26-3 technical assistance to school districts. The members of the
26-4 committee shall serve without compensation but may be reimbursed
26-5 for actual and necessary expenses.
26-6 <SUBCHAPTER J. COUNTY EDUCATION DISTRICT DISTRIBUTIONS>
26-7 <Sec. 16.501. TIER ONE. (a) The commissioner of education
26-8 shall notify each county education district of the total amount of
26-9 funds that each school district in the county education district is
26-10 entitled to receive under tier one of the Foundation School
26-11 Program.>
26-12 <(b) For tier one, the board of trustees of each county
26-13 education district shall distribute the funds collected from the
26-14 tax levied by the county education district under Section 20.945 of
26-15 this code to the school districts in the county on the basis of the
26-16 component districts' share of the taxable value of property of the
26-17 county education district with the provision that no component
26-18 district shall receive funds in excess of the cost of tier one less
26-19 the distribution of the available school fund.>
26-20 <(c)(1) Notwithstanding Subsection (b) of this section, for
26-21 the 1991-1992, 1992-1993, and 1993-1994 school years, for tier one
26-22 the board of trustees of each county education district shall
26-23 distribute the funds collected from the tax levied by the county
26-24 education district under Section 20.945 of this code to the school
26-25 districts in the county education district as follows:>
26-26 <(A) to those school districts that did not
26-27 receive foundation school funds for the 1990-1991 school year in
26-28 which the amount of revenue per weighted student from local funds
26-29 and the available school fund for the 1990-1991 school year exceeds
26-30 the total amount of revenue per weighted student to which the
26-31 district is entitled under the Foundation School Program at a tax
26-32 rate equal to the maximum tax rate authorized under Section 20.09
26-33 of this code, the county education district shall distribute an
26-34 amount equal to the difference between the amount of revenue per
26-35 weighted student in the district in the 1990-1991 school year from
26-36 local funds and the available school fund and the levy that results
26-37 from the application of the maximum rate authorized under Section
26-38 20.09 of this code to the district's taxable value of property; and>
26-39 <(B) the county education district shall
26-40 apportion the remaining funds collected from the tax levy to each
26-41 school district in the county education district on the basis of
26-42 the component districts' share of the taxable value of property of
26-43 the county education district with the provision that no component
26-44 district shall receive funds in excess of the cost of tier one less
26-45 the distribution of the available school fund.>
26-46 <(2) This subsection expires September 1, 1994.>
26-47 <(d) If the total amount available for distribution by the
26-48 county education district exceeds the county education district's
26-49 local share under Section 16.252 of this code, the county education
26-50 district shall retain the excess amount for distribution in
26-51 succeeding years.>
26-52 <(e) If the total amount available for distribution by the
26-53 county education district is less than the county education
26-54 district's local share under Section 16.252 of this code, the
26-55 distributions shall be made under rules adopted by the commissioner
26-56 of education.>
26-57 <Sec. 16.502. COLLECTION AND DISTRIBUTION SCHEDULES. The
26-58 commissioner of education shall establish a schedule for the
26-59 distribution of funds to each school district under this
26-60 subchapter.>
26-61 <Sec. 16.503. DEFINITION. In this subchapter, "taxable
26-62 value of property" is the value determined under Section 11.86 of
26-63 this code.>
26-64 SECTION 2. Section 11.86(a), Education Code, is amended to
26-65 read as follows:
26-66 (a) The comptroller shall conduct an annual study using
26-67 comparable sales and generally accepted auditing and sampling
26-68 techniques to determine the total value of all taxable property in
26-69 each <county education> school district <and each of its component
26-70 school districts>. The study shall determine the taxable value of
27-1 all property and of each category of property within the district
27-2 and the productivity value of all land that qualifies for appraisal
27-3 on the basis of its productive capacity and for which the owner has
27-4 applied for and received a productivity appraisal. In conducting
27-5 the study, the comptroller shall review the appraisal standards,
27-6 procedures, and methodology used by each appraisal district to
27-7 determine the taxable value of property in each school district.
27-8 The review must test the validity of the taxable values assigned to
27-9 each category of property by the appraisal district:
27-10 (1) using, if appropriate, samples selected through
27-11 generally accepted sampling techniques; and
27-12 (2) according to generally accepted standard
27-13 valuation, statistical compilation, and analysis techniques. If
27-14 the comptroller finds in the annual study that generally accepted
27-15 appraisal standards and practices were used by the appraisal
27-16 district in valuing a particular category of property, and that the
27-17 taxable values assigned to each category of property by the
27-18 appraisal district are valid, the appraisal roll value of that
27-19 category of property is presumed to represent taxable value. In
27-20 the absence of such a presumption, the comptroller shall estimate
27-21 the taxable value of that category of property using generally
27-22 accepted standard valuation, statistical compilation, and analysis
27-23 techniques. For the purposes of this section, "taxable value"
27-24 means market value less:
27-25 (1) the total dollar amount of any exemptions of part
27-26 but not all of the value of taxable property required by the
27-27 constitution or a statute that a district lawfully granted in the
27-28 year that is the subject of the study;
27-29 (2) the total dollar amount of any exemptions granted
27-30 within a reinvestment zone under agreements authorized by the
27-31 Property Redevelopment and Tax Abatement Act (Chapter 312, Tax
27-32 Code);
27-33 (3) the total dollar amount of any captured appraised
27-34 value of property that is located in a reinvestment zone and that
27-35 is eligible for tax increment financing under the Tax Increment
27-36 Financing Act (Chapter 311, Tax Code);
27-37 (4) the total dollar amount of any exemptions granted
27-38 under Section 11.251, Tax Code;
27-39 (5) the difference between the market value and the
27-40 productivity value of land that qualifies for appraisal on the
27-41 basis of its productive capacity, except that the productivity
27-42 value may not exceed the fair market value of the land;
27-43 (6) the portion of the appraised value of residence
27-44 homesteads of the elderly on which school district taxes are not
27-45 imposed in the year that is the subject of the study, calculated as
27-46 if the residence homesteads were appraised at the full value
27-47 required by law;
27-48 (7) a portion of the market value of property not
27-49 otherwise fully taxable by the district at market value because of
27-50 action required by statute or the Texas Constitution that, if the
27-51 tax rate adopted by the district is applied to it, produces an
27-52 amount equal to the difference between the tax that the district
27-53 would have imposed on the property if the property were fully
27-54 taxable at market value and the tax that the district is actually
27-55 authorized to impose on the property; and
27-56 (8) the market value of all tangible personal
27-57 property, other than manufactured homes, owned by a family or
27-58 individual and not held or used for the production of income.
27-59 SECTION 3. The heading to Subchapter E, Chapter 13,
27-60 Education Code, is amended to read as follows:
27-61 SUBCHAPTER E. TEACHER APPRAISAL <CAREER LADDER>
27-62 SECTION 4. Sections 13.302(a), (c), and (f), Education Code,
27-63 are amended to read as follows:
27-64 (a) The State Board of Education shall adopt an appraisal
27-65 process and criteria on which to appraise the performance of
27-66 teachers <for career ladder level assignment purposes>. The
27-67 criteria must be based on observable, job-related behavior,
27-68 including teachers' implementation of discipline management
27-69 procedures.
27-70 (c) An <In developing the appraisal process, the board shall
28-1 provide for using not fewer than two appraisers for each appraisal.
28-2 One> appraiser must be the teacher's supervisor or <and one must
28-3 be> a person <as> approved by the board of trustees. An appraiser
28-4 who is a classroom teacher may not appraise the performance of
28-5 another classroom teacher who teaches at the same school campus at
28-6 which the appraiser teaches, unless it is impractical because of
28-7 the number of campuses or unless the appraiser is the chairman of a
28-8 department or grade level whose job description includes classroom
28-9 observation responsibilities. <In a district that uses not more
28-10 than two appraisers per appraisal, the board shall provide for an
28-11 appraisal by a third appraiser from another campus if the
28-12 difference between the appraisals is such that the teacher's
28-13 performance cannot be accurately evaluated.> The board also shall
28-14 provide for a uniform training program and uniform certification
28-15 standards for appraisers to be used throughout the state. The
28-16 board shall include teacher self-appraisal in the process.
28-17 (f) Appraisal for teachers must be detailed by category of
28-18 professional skill and characteristic and must provide for separate
28-19 ratings per category. The appraisal process shall guarantee a
28-20 conference between the teacher and the appraiser <appraisers>, and
28-21 the conference shall be diagnostic and prescriptive with regard to
28-22 remediation as needed in overall summary of performance by category
28-23 and identify the required performance for advancement <to the next
28-24 level>.
28-25 SECTION 5. Subchapter E, Chapter 13, Education Code, is
28-26 amended by adding Section 13.3021 to read as follows:
28-27 Sec. 13.3021. TEACHER APPRAISAL ADVISORY COMMITTEE.
28-28 (a) The teacher appraisal advisory committee consists of 16
28-29 members appointed by the foundation school fund budget committee.
28-30 The budget committee shall appoint the members as follows:
28-31 (1) eight members must be public school teachers who
28-32 have varying levels of teaching experience;
28-33 (2) four members must be public school administrators,
28-34 two of whom must be campus-level administrators; and
28-35 (3) four members must be parents of children enrolled
28-36 in public schools.
28-37 (b) The teacher appraisal advisory committee shall:
28-38 (1) study different methods of appraising teachers;
28-39 and
28-40 (2) recommend to the State Board of Education any
28-41 necessary changes in the appraisal process developed under Section
28-42 13.302 of this code.
28-43 (c) Committee members hold office for terms of two years
28-44 expiring February 1 of each odd-numbered year. In the event of a
28-45 vacancy during a term, the foundation school fund budget committee
28-46 shall appoint a replacement who meets the qualifications of the
28-47 vacated position to fill the unexpired portion of the term.
28-48 (d) The committee shall select one of its members to serve
28-49 as presiding officer for a term of one year.
28-50 (e) A committee member may not receive compensation for
28-51 serving on the committee. A member is not entitled to
28-52 reimbursement for travel expenses while serving on the committee.
28-53 SECTION 6. Sections 13.303(a) and (c), Education Code, are
28-54 amended to read as follows:
28-55 (a) Each school district shall use the appraisal process and
28-56 performance criteria developed by the board in appraising teachers
28-57 <for career ladder level assignment purposes>.
28-58 (c) Appraisal shall be done at least <not fewer than:>
28-59 <(1) two times during each school year for
28-60 probationary teachers and for teachers on level one of the career
28-61 ladder; and>
28-62 <(2)> once during each school year <for teachers on
28-63 levels two, three, and four of the career ladder whose performance,
28-64 on the most recent appraisal, was evaluated as exceeding
28-65 expectations or clearly outstanding. The performance of a teacher
28-66 who, because of unusual circumstances, is appraised only once in a
28-67 particular year shall be evaluated for career ladder purposes on
28-68 the basis of a single appraisal>.
28-69 SECTION 7. Section 13.304, Education Code, is amended to
28-70 read as follows:
29-1 Sec. 13.304. PERFORMANCE CATEGORIES. In appraisals of
29-2 teacher performance <for career ladder level assignment purposes>,
29-3 performance <shall be evaluated in the same manner and under the
29-4 same criteria regardless of level. Performance> shall be
29-5 evaluated as:
29-6 (1) unsatisfactory (if the teacher's performance is
29-7 clearly not acceptable in some major area);
29-8 (2) below expectations (if the teacher's performance
29-9 needs improvement in some major areas);
29-10 (3) satisfactory (if the teacher's performance meets
29-11 expectations);
29-12 (4) exceeding expectations (if the teacher's
29-13 performance excels in some major areas); or
29-14 (5) clearly outstanding.
29-15 SECTION 8. Section 13.912(a), Education Code, is amended to
29-16 read as follows:
29-17 (a) A school district may not deny a teacher a salary bonus
29-18 or similar compensation given in whole or in part on the basis of
29-19 teacher attendance <or a career ladder advancement> because of the
29-20 teacher's absence from school for observance of a religious holy
29-21 day.
29-22 SECTION 9. Sections 14.063(b) and (e), Education Code, are
29-23 amended to read as follows:
29-24 (b) Each school district is entitled to an annual allotment
29-25 for the purposes provided under Section 14.064 of this code equal
29-26 to its unadjusted average daily attendance multiplied by<:>
29-27 <(1)> $30 <for the 1992-1993 school year, or a greater
29-28 amount provided by appropriation;>
29-29 <(2) $35 for the 1993-1994 school year, or a greater
29-30 amount provided by appropriation;>
29-31 <(3) $40 for the 1994-1995 school year, or a greater
29-32 amount provided by appropriation;>
29-33 <(4) $45 for the 1995-1996 school year, or a greater
29-34 amount provided by appropriation; and>
29-35 <(5) $50 for the 1996-1997 school year and for each
29-36 school year thereafter>, or a greater amount provided by
29-37 appropriation.
29-38 (e) If an insufficient amount is available in the fund for
29-39 the state's share of the allotments under Subsection (b) of this
29-40 section, the agency shall reduce each district's allotment by
29-41 application of the formula adopted under Section 16.254 <16.254(d)>
29-42 of this code.
29-43 SECTION 10. Subchapter B, Chapter 19, Education Code, is
29-44 amended by adding Section 19.028 to read as follows:
29-45 Sec. 19.028. DETACHMENT AND ANNEXATION TO REDUCE VARIATIONS
29-46 IN PROPERTY VALUE. (a) To the extent necessary to reduce
29-47 variations in property value per student among school districts,
29-48 for each school year, the commissioner of education, with the
29-49 approval of the foundation school budget committee as provided by
29-50 this section, shall order the detachment of all or a portion of
29-51 property from a district and the annexation of the property to one
29-52 or more other districts as provided by this section, without regard
29-53 to whether the property is contiguous to the district to which the
29-54 property is annexed. A detachment and annexation of real property
29-55 applies to the taxable personal property having taxable situs in
29-56 the same location as the real property. If property is annexed to
29-57 more than one school district, the taxable value of the property
29-58 shall be apportioned among those school districts as determined by
29-59 the commissioner.
29-60 (b) The commissioner may detach and annex property under
29-61 this section only if:
29-62 (1) the primary use of the property is not
29-63 residential, as determined under rules adopted by the commissioner;
29-64 (2) the school district from which the property is
29-65 being detached, before detachment, has a taxable value of property
29-66 per weighted student in average daily attendance greater than
29-67 $280,000 per weighted student in average daily attendance, or a
29-68 different amount provided by appropriation;
29-69 (3) the annexation does not result in taxable value of
29-70 property per weighted student in average daily attendance in the
30-1 district to which the property is being annexed greater than
30-2 $280,000 per weighted student in average daily attendance, or a
30-3 different amount provided by appropriation;
30-4 (4) the property is not exempt from ad valorem
30-5 taxation under Section 11.20 or 11.21, Tax Code;
30-6 (5) the property is not a building or structure owned
30-7 by the United States, this state, or a political subdivision of
30-8 this state that is exempt from ad valorem taxation under law; and
30-9 (6) the property is not currently devoted to
30-10 agricultural purposes and in the preceding tax year was not
30-11 appraised for ad valorem taxation under Subchapter C or D, Chapter
30-12 23, Tax Code.
30-13 (c) Property may be detached from a school district under
30-14 this section only to the extent that, in accordance with a
30-15 determination of the commissioner, the total amount of taxes per
30-16 weighted student in average daily attendance that the district can
30-17 impose for maintenance and operation of the district at an
30-18 effective tax rate of $1.50 on the $100 valuation of taxable
30-19 property applied to the taxable value of property in the district
30-20 after detachment is not less than the amount of taxes per weighted
30-21 student in average daily attendance spent by the district in the
30-22 1992-1993 school year for maintenance and operation, excluding
30-23 reserves for facilities.
30-24 (d) In making a determination under this section, the
30-25 commissioner shall consider the likelihood that the property would
30-26 need to be transferred again, so that further detachment and
30-27 annexation of that property may be minimized.
30-28 (e) In considering to which school districts any property
30-29 detached under this section should be annexed, the commissioner
30-30 shall give preference to districts that, following annexation,
30-31 would have a taxable value of property per weighted student in
30-32 average daily attendance at or below the lowest level for which
30-33 funds are provided under Subchapter H, Chapter 16, of this code.
30-34 In making a selection among those districts or among other
30-35 districts eligible to have property annexed under this section, the
30-36 commissioner shall give priority to school districts in the
30-37 following order:
30-38 (1) first, to a district contiguous to the detached
30-39 property;
30-40 (2) second, to the district nearest to the detached
30-41 property and located in the same county;
30-42 (3) third, to another district located in the same
30-43 county as the detached property; and
30-44 (4) fourth, to the nearest district in proximity to
30-45 the detached property.
30-46 (f) The commissioner shall report to the foundation school
30-47 budget committee a determination of any detachments and annexations
30-48 of property to be made under this section not later than July 15 of
30-49 each year. Not later than July 30, the committee shall approve the
30-50 commissioner's determination or shall specify to the commissioner
30-51 its objections. Not later than the 10th day after the date on
30-52 which the commissioner receives any objections from the committee,
30-53 the commissioner shall submit a revised determination to the
30-54 committee, and not later than the 10th day after the date on which
30-55 the committee receives the revised determination, the committee
30-56 shall respond to the revised determination. The commissioner and
30-57 the committee shall continue on that schedule until the committee
30-58 approves a determination. As soon as practicable after approval,
30-59 the commissioner shall notify each affected school district and the
30-60 appraisal district in which the affected property is located of the
30-61 determination.
30-62 (g) A decision or determination of the commissioner or the
30-63 foundation school budget committee under this section is final and
30-64 not appealable. A detachment or annexation action taken under this
30-65 chapter does not affect a decision of the commissioner under this
30-66 section. The Administrative Procedure and Texas Register Act
30-67 (Article 6252-13a, Vernon's Texas Civil Statutes) does not apply to
30-68 a decision of the commissioner or the foundation school budget
30-69 committee under this section.
30-70 (h) For foundation school program funding purposes,
31-1 detachment and annexation under this section takes effect beginning
31-2 with the school year that begins in the calendar year in which the
31-3 detachment and annexation determination is made. A detachment and
31-4 annexation of property applies to the ad valorem taxation of the
31-5 property beginning with the tax year in which the detachment and
31-6 annexation is made. In that tax year, the property is taxable by
31-7 the school district to which it is annexed and is not taxable by
31-8 the school district from which it is detached.
31-9 (i) A student who is a resident of the area in which the
31-10 property being detached from a school district is located may
31-11 choose to attend school in that district or in the district to
31-12 which the property is being annexed. For purposes of determining
31-13 average daily attendance under Section 16.006 of this code, the
31-14 student shall be counted in the district to which the property is
31-15 being annexed. If the student chooses to attend school in the
31-16 district from which the property is being detached, the state shall
31-17 withhold any foundation school funds from the district to which the
31-18 property is being annexed and shall allocate to the district in
31-19 which the student is attending school those funds and the amount of
31-20 funds equal to the difference between the state funds the district
31-21 is receiving for the student and the district's cost in educating
31-22 the student.
31-23 (j) If, before detachment, the school district from which
31-24 property is detached has authorized the levy of a tax to pay
31-25 principal and interest on bonds, the district shall continue to
31-26 levy that tax on the detached property until the bonds have been
31-27 retired in accordance with Article VII, Section 3-b of the Texas
31-28 Constitution. The district to which the property is annexed may
31-29 not levy on that property a tax to pay principal and interest on
31-30 bonds issued before the property was annexed. In determining to
31-31 which district to annex property detached under this section, the
31-32 commissioner may consider the extent to which the district from
31-33 which the property is detached is levying a tax on that property to
31-34 pay principal and interest on bonds.
31-35 (k) The chief appraiser of each appraisal district shall
31-36 cooperate with the commissioner in implementing this section.
31-37 (l) For purposes of this section:
31-38 (1) the number of weighted students in average daily
31-39 attendance, calculated in the manner provided by Section 16.302 of
31-40 this code, is the number estimated by the commissioner for the
31-41 succeeding school year; and
31-42 (2) the taxable value of property is determined as
31-43 provided by Section 11.86 of this code.
31-44 SECTION 11. Section 20.09, Education Code, is amended to
31-45 read as follows:
31-46 Sec. 20.09. Tax Limitations. (a) A <Except as provided by
31-47 Subsections (c) and (d) of this section, a> school district may not
31-48 impose a <total> tax rate on the $100 valuation of taxable property
31-49 that results in a levy for maintenance and operation of the
31-50 district that exceeds $1.50. <the levy that results from applying
31-51 the following rate to the district's taxable value of property as
31-52 determined under Section 11.86 of this code:>
31-53 <(1) $0.78 for the 1991 tax year;>
31-54 <(2) $0.68 for the 1992 tax year;>
31-55 <(3) $0.58 for the 1993 tax year; and>
31-56 <(4) $0.50 for each subsequent tax year.>
31-57 (b) A district may impose taxes under this chapter on the
31-58 residence homestead of a person whose taxes for general elementary
31-59 and secondary public school purposes are limited under Article
31-60 VIII, Section 1-b(d), of the Texas Constitution, only to the extent
31-61 that the imposition, when added to the taxes imposed on the
31-62 homestead by the school <county education> district for the tier
31-63 one local fund assignment under Section 16.252 of this code, does
31-64 not increase the person's tax liability for those purposes in
31-65 violation of the constitutional limit.
31-66 <(c) The portion of the total tax rate required to collect
31-67 the taxes pledged and levied for the payment of principal and
31-68 interest on debt authorized to be issued by an election held on or
31-69 before April 1, 1991, and issued before September 1, 1992, is not
31-70 subject to the tax limitation under Subsection (a) of this section.>
32-1 <(d) Prior to the issuance of bonds other than bonds exempt
32-2 under Subsection (c) of this section, a district shall demonstrate
32-3 to the attorney general with respect to the proposed bond issue a
32-4 projected ability to pay the principal of and interest on the
32-5 proposed bonds and all previously issued bonds, other than bonds
32-6 exempt under Subsection (c) of this section, from a tax at a debt
32-7 rate not to exceed $0.50 per $100 valuation and a total tax rate
32-8 not to exceed the maximum rate under Subsection (a) of this
32-9 section. On approval of the bonds by the attorney general and
32-10 issuance by the district, the district may levy a tax exceeding the
32-11 limits established in Subsection (a) of this section if necessary
32-12 to pay the principal of and interest on the bonds without reducing
32-13 maintenance and operations expenditures for the district.>
32-14 SECTION 12. Section 20.86(b), Education Code, is amended to
32-15 read as follows:
32-16 (b) If the agency determines by audit or otherwise that a
32-17 district has received a greater payment under this subchapter than
32-18 it was entitled to receive because it improperly granted residence
32-19 homestead exemptions, improperly granted eligibility pursuant to
32-20 Article 7174A or 7174B, assigned excessive value to property
32-21 affected by Article 7150.5, 7174A, or 7174B, or otherwise
32-22 overstated the amount it was entitled to receive, the agency shall
32-23 notify the district of its determination and the reasons for it and
32-24 shall reduce the amount of the next and, if necessary, subsequent
32-25 certifications under Section 20.85 of this code or payments of
32-26 state aid under Section <Sections> 16.254<(b) and 16.254(c)> of
32-27 this code until the amount of the overpayment is recovered.
32-28 SECTION 13. Section 20.88, Education Code, is amended to
32-29 read as follows:
32-30 Sec. 20.88. Effect of Land Use Change. Prior to April 1,
32-31 each school district shall notify the Central Education Agency of
32-32 the amount of payments received during the prior 12 months under
32-33 the provisions of Section 5 of Article 7174A, Revised Civil
32-34 Statutes of Texas, 1925, Section 6 of Article 7174B, and Section
32-35 1-d(f) of Article VIII of the Texas Constitution. Fifty percent of
32-36 this amount shall be deducted from either current or subsequent
32-37 payments under this subchapter or payments of state aid under
32-38 Section <Sections> 16.254<(b) and (c)>.
32-39 SECTION 14. Section 21.032(c), Education Code, is amended to
32-40 read as follows:
32-41 (c) Unless specifically exempted by Section 21.033 of this
32-42 code, a student enrolled in a public school district must attend an
32-43 extended year program provided by a school district for which the
32-44 student is eligible or tutorial classes required by the district
32-45 under Section 21.103(b) of this code. A district shall provide
32-46 transportation services to students required to attend an extended
32-47 year program provided by a school district in the same manner as
32-48 during the regular school year. A school district is not required
32-49 to provide transportation services to accommodate <such> students
32-50 required to attend tutorial classes under Section 21.103(b) of this
32-51 code.
32-52 SECTION 15. Section 21.502, Education Code, is amended to
32-53 read as follows:
32-54 Sec. 21.502. Definitions. As used in this subchapter,
32-55 "special services" means:
32-56 (1) "special teaching," which may be provided by
32-57 professional and paraprofessional personnel in the following
32-58 instructional settings:
32-59 (A) resource room;
32-60 (B) self-contained classroom, regular or special
32-61 campus;
32-62 (C) hospital or community class;
32-63 (D) homebound or bedside;
32-64 (E) speech or hearing therapy class; or
32-65 (F) mainstream; or
32-66 (2) "related services," which are developmental,
32-67 corrective, supportive, or evaluative services, not instructional
32-68 in nature, that may be required for the proper development and
32-69 implementation of a handicapped student's individualized
32-70 educational plan, including but not limited to special
33-1 transportation, school health services, counseling with students or
33-2 families, psychological services, audiological services, visual
33-3 training, medical or psychiatric diagnostic services, occupational
33-4 therapy, physical therapy, recreational therapy, social work
33-5 services, parent counseling and training, adaptive equipment,
33-6 special seating, orientation and mobility training, speech therapy,
33-7 music therapy, and corrective therapy.
33-8 SECTION 16. Section 21.506(b), Education Code, is amended to
33-9 read as follows:
33-10 (b) Except as provided by Subsection (c) of this section,
33-11 contracts for residential placements when approved may be paid for
33-12 from a combination of federal, state, and local funds. The local
33-13 share of the total contract cost per pupil is that portion of the
33-14 local tax effort (total dollars generated by debt service and
33-15 maintenance taxes) which exceeds the district's local fund
33-16 assignment under Section 16.252 of this code, divided by the
33-17 average daily attendance in the district. If the contract involves
33-18 a private facility, the state share of the total contract cost is
33-19 that which remains after subtracting the local share. If the
33-20 contract involves a public facility other than a program or
33-21 facility administered by the Central Education Agency, the state
33-22 share is that which remains after subtracting the local share from
33-23 that portion of the contract which involves the costs of
33-24 instructional and related services. If the contract involves a
33-25 program or facility administered by the Central Education Agency,
33-26 there is no state share paid from this program.
33-27 SECTION 17. Subchapter N, Chapter 21, Education Code, is
33-28 amended by adding Section 21.513 to read as follows:
33-29 Sec. 21.513. PILOT PROGRAM FOR INCLUSION. The Central
33-30 Education Agency shall establish procedures and criteria for the
33-31 allocation of funds appropriated under Section 16.151(m) of this
33-32 code to school districts selected by the agency to establish a
33-33 pilot program for the inclusion of students with disabilities in
33-34 the regular classroom so that those students may receive an
33-35 appropriate free public education in the least restrictive
33-36 environment.
33-37 SECTION 18. Subchapter O, Chapter 21, Education Code, is
33-38 amended by adding Section 21.562 to read as follows:
33-39 Sec. 21.562. OPTIONAL EXTENDED YEAR PROGRAM. (a) A school
33-40 district may apply to the commissioner of education for approval to
33-41 provide an extended year program for a period not to exceed 30 days
33-42 for students in kindergarten through grade level eight who are
33-43 identified as likely not to be promoted to the next grade level for
33-44 the succeeding school year.
33-45 (b) The commissioner may adopt rules for the administration
33-46 of programs provided under this section.
33-47 (c) A school district may not enroll more than 12 students
33-48 in a class provided under this section.
33-49 (d) Each class provided under this section shall be taught
33-50 by a teacher who has completed successfully a program that provides
33-51 training to teach a class under this section and that satisfies
33-52 standards the commissioner establishes.
33-53 (e) A student who attends at least 85 percent of the program
33-54 days of a program under this section shall be promoted to the next
33-55 grade level at the beginning of the next school year unless a
33-56 parent of the student presents a written request to the school
33-57 principal that the student not be promoted to the next grade level.
33-58 As soon as practicable after receiving the request from a parent,
33-59 the principal shall hold a formal meeting with the student's
33-60 parent, extended year program teacher, and counselor. During the
33-61 meeting, the principal, teacher, or counselor shall explain the
33-62 longitudinal statistics on the academic performance of students who
33-63 are not promoted to the next grade level and provide information on
33-64 the effect of retention on a student's self-esteem and on the
33-65 likelihood of a student dropping out of school. After the meeting,
33-66 the parent may withdraw the request that the student not be
33-67 promoted to the next grade level. If the parent of a student
33-68 eligible for promotion under this subsection withdraws the request,
33-69 the student shall be promoted. If a student is promoted under this
33-70 subsection, the school district shall continue to use innovative
34-1 practices to ensure that the student is successful in school in
34-2 succeeding years.
34-3 (f) A school district that provides a program under this
34-4 section shall adopt a policy designed to lead to immediate
34-5 reduction and ultimate elimination of student retention.
34-6 (g) A school district may apply for approval under this
34-7 section only for a pilot program for students in grade level one
34-8 for the 1993-1994 school year and only for a pilot program for
34-9 students in grade levels one and two for the 1994-1995 school year.
34-10 The state's share of a pilot program under this section may not
34-11 exceed the amount appropriated for program purposes. Funds
34-12 provided to a pilot program may be used for transportation of
34-13 eligible students. This subsection expires September 1, 1995.
34-14 SECTION 19. Section 1.04(12), Tax Code, is amended to read
34-15 as follows:
34-16 (12) "Taxing unit" means a county, an incorporated
34-17 city or town (including a home-rule city), a school district, <a
34-18 county education district,> a special district or authority
34-19 (including a junior college district, a hospital district, a
34-20 district created by or pursuant to the Water Code, a mosquito
34-21 control district, a fire prevention district, or a noxious weed
34-22 control district), or any other political unit of this state,
34-23 whether created by or pursuant to the constitution or a local,
34-24 special, or general law, that is authorized to impose and is
34-25 imposing ad valorem taxes on property even if the governing body of
34-26 another political unit determines the tax rate for the unit or
34-27 otherwise governs its affairs.
34-28 SECTION 20. Section 6.02, Tax Code, is amended by amending
34-29 Subsections (b) and (f) and adding Subsection (g) to read as
34-30 follows:
34-31 (b) A taxing unit <other than a county education district>
34-32 that has boundaries extending into two or more counties may choose
34-33 to participate in only one of the appraisal districts. In that
34-34 event, the boundaries of the district chosen extend outside the
34-35 county to the extent of the unit's boundaries. To be effective,
34-36 the choice must be approved by resolution of the board of directors
34-37 of the district chosen. The choice of a school district to
34-38 participate in a single appraisal district does not apply to
34-39 property annexed to the school district under Section 19.028,
34-40 Education Code, unless:
34-41 (1) the school district taxes property other than
34-42 property annexed to the district under Section 19.028, Education
34-43 Code, in the same county as the annexed property; or
34-44 (2) the annexed property is contiguous to property in
34-45 the school district other than property annexed to the district
34-46 under Section 19.028, Education Code. <A county education district
34-47 that has boundaries extending into two or more counties must
34-48 participate in each appraisal district in which one of its
34-49 component school districts participates for purposes of appraisal
34-50 of the component school district's territory.>
34-51 (f) All costs of operating an appraisal district in
34-52 territory outside the county for which the appraisal district is
34-53 established are allocated to the taxing unit for which the
34-54 appraisal district appraises property in <that chooses to add> that
34-55 territory <to the district>. If the appraisal district appraises
34-56 property in the same territory for two or more taxing units <add
34-57 the same territory to an appraisal district>, costs of operating
34-58 the district in that territory are allocated to the units in the
34-59 proportion the total dollar amount of taxes each unit imposes in
34-60 that territory bears to the total dollar amount of taxes all taxing
34-61 units participating in the appraisal district impose in that
34-62 territory.
34-63 (g) If property is annexed to a school district under
34-64 Section 19.028, Education Code, the appraisal district established
34-65 for that county shall appraise the property for the school
34-66 district, and the school district participates in that appraisal
34-67 district for purposes of the appraisal of that property, except as
34-68 otherwise permitted by Subsection (b).
34-69 SECTION 21. Sections 6.03(c)-(e), Tax Code, are amended to
34-70 read as follows:
35-1 (c) Members of the board of directors are appointed by vote
35-2 of the governing bodies of the incorporated cities and towns, the
35-3 school districts <other than the county education district>, and,
35-4 if entitled to vote, the conservation and reclamation districts
35-5 that participate in the district and of the county. A governing
35-6 body may cast all its votes for one candidate or distribute them
35-7 among candidates for any number of directorships. Conservation and
35-8 reclamation districts are not entitled to vote unless at least one
35-9 conservation and reclamation district in the district delivers to
35-10 the chief appraiser a written request to nominate and vote on the
35-11 board of directors by June 1 of each odd-numbered year. On receipt
35-12 of a request, the chief appraiser shall certify a list by June 15
35-13 of all eligible conservation and reclamation districts that are
35-14 imposing taxes and that participate in the district.
35-15 (d) The voting entitlement of a taxing unit that is entitled
35-16 to vote for directors is determined by dividing the total dollar
35-17 amount of property taxes imposed in the district by the taxing unit
35-18 for the preceding tax year by the sum of the total dollar amount of
35-19 property taxes imposed in the district for that year by each taxing
35-20 unit that is entitled to vote, by multiplying the quotient by
35-21 1,000, and by rounding the product to the nearest whole number.
35-22 That number is multiplied by the number of directorships to be
35-23 filled. <For a school district, the total dollar amount of
35-24 property taxes imposed in the district by the unit is considered to
35-25 be the sum of the taxes imposed by the district and the revenue
35-26 received by the district from the county education district.> A
35-27 taxing unit participating in two or more districts is entitled to
35-28 vote in each district in which it participates, but only the taxes
35-29 imposed in a district are used to calculate voting entitlement in
35-30 that district.
35-31 (e) The chief appraiser shall calculate the number of votes
35-32 to which each taxing unit other than a conservation and reclamation
35-33 district is entitled and shall deliver written notice to each of
35-34 those units of its voting entitlement before October 1 of each
35-35 odd-numbered year. The chief appraiser shall deliver the notice:
35-36 (1) to the county judge and each commissioner of the
35-37 county served by the appraisal district;
35-38 (2) to the presiding officer of the governing body of
35-39 each city or town participating in the appraisal district, to the
35-40 city manager of each city or town having a city manager, and to the
35-41 city secretary or clerk, if there is one, of each city or town that
35-42 does not have a city manager; and
35-43 (3) to the presiding officer of the governing body of
35-44 each school district<, other than the county education district,>
35-45 participating in the district and to the superintendent of those
35-46 school districts.
35-47 SECTION 22. Sections 6.06(d) and (h), Tax Code, are amended
35-48 to read as follows:
35-49 (d) Each taxing unit participating in the district<, other
35-50 than a county education district,> is allocated a portion of the
35-51 amount of the budget equal to the proportion that the total dollar
35-52 amount of property taxes imposed in the district by the unit for
35-53 the tax year in which the budget proposal is prepared bears to the
35-54 sum of the total dollar amount of property taxes imposed in the
35-55 district by each participating unit for that year. <For a school
35-56 district, other than a county education district, the total dollar
35-57 amount of property taxes imposed in the district by the unit is
35-58 considered to be the sum of the taxes imposed by the district and
35-59 the revenue received by the district from the county education
35-60 district.> If a taxing unit participates in two or more districts,
35-61 only the taxes imposed in a district are used to calculate the
35-62 unit's cost allocations in that district. If the number of real
35-63 property parcels in a taxing unit is less than 5 percent of the
35-64 total number of real property parcels in the district and the
35-65 taxing unit imposes in excess of 25 percent of the total amount of
35-66 the property taxes imposed in the district by all of the
35-67 participating taxing units for a year, the unit's allocation may
35-68 not exceed a percentage of the appraisal district's budget equal to
35-69 three times the unit's percentage of the total number of real
35-70 property parcels appraised by the district.
36-1 (h) If a newly formed taxing unit or a taxing unit that did
36-2 not impose taxes in the preceding year<, other than a county
36-3 education district,> imposes taxes in any tax year, that unit is
36-4 allocated a portion of the amount budgeted to operate the district
36-5 as if it had imposed taxes in the preceding year, except that the
36-6 amount of taxes the unit imposes in the current year is used to
36-7 calculate its allocation. Before the amount of taxes to be imposed
36-8 for the current year is known, the allocation may be based on an
36-9 estimate to which the district board of directors and the governing
36-10 body of the unit agree, and the payments made after that amount is
36-11 known shall be adjusted to reflect the amount imposed. The
36-12 payments of a newly formed taxing unit that has no source of funds
36-13 are postponed until the unit has received adequate tax or other
36-14 revenues.
36-15 SECTION 23. Sections 11.13(d), (e), (m), and (n), Tax Code,
36-16 are amended to read as follows:
36-17 (d) In addition to the exemptions provided by Subsections
36-18 (b) and (c) of this section, an individual who is disabled or is 65
36-19 or older is entitled to an exemption from taxation by a taxing unit
36-20 of a portion (the amount of which is fixed as provided by
36-21 Subsection (e) of this section) of the appraised value of his
36-22 residence homestead if the exemption is adopted either:
36-23 (1) by the governing body of the taxing unit <other
36-24 than a county education district>; or
36-25 (2) by a favorable vote of a majority of the qualified
36-26 voters of the taxing unit at an election called by the governing
36-27 body of a taxing unit <other than a county education district>, and
36-28 the governing body shall call the election on the petition of at
36-29 least 20 percent of the number of qualified voters who voted in the
36-30 preceding election of the taxing unit<; or>
36-31 <(3) by a favorable vote of a majority of the
36-32 qualified voters of a county education district at an election held
36-33 under Section 20.950, Education Code>.
36-34 (e) The amount of an exemption adopted as provided by
36-35 Subsection (d) of this section is $3,000 of the appraised value of
36-36 the residence homestead unless a larger amount is specified by:
36-37 (1) the governing body authorizing the exemption if
36-38 the exemption is authorized as provided by Subdivision (1) of
36-39 Subsection (d) of this section; or
36-40 (2) the petition for the election if the exemption is
36-41 authorized as provided by Subdivision (2) of Subsection (d) of this
36-42 section<; or>
36-43 <(3) the proposition approved at an election held
36-44 under Section 20.950, Education Code>.
36-45 (m) In this section:
36-46 (1) "Disabled" means under a disability for purposes
36-47 of payment of disability insurance benefits under Federal Old-Age,
36-48 Survivors, and Disability Insurance.
36-49 (2) "School district" means a political subdivision
36-50 organized to provide general elementary and secondary public
36-51 education. <"School district" includes a county education district
36-52 established by the consolidation of the local school districts in
36-53 its boundaries for the limited purpose of exercising a portion of
36-54 the taxing power previously authorized by the voters in those
36-55 school districts.> "School district" does not include a junior
36-56 college district or a political subdivision organized to provide
36-57 special education services.
36-58 (n) In addition to any other exemptions provided by this
36-59 section, an individual is entitled to an exemption from taxation by
36-60 a taxing unit <other than a county education district> of a
36-61 percentage of the appraised value of his residence homestead if the
36-62 exemption is adopted by the governing body of the taxing unit
36-63 before May 1 in the manner provided by law for official action by
36-64 the body. If the percentage set by the taxing unit produces an
36-65 exemption in a tax year of less than $5,000 when applied to a
36-66 particular residence homestead, the individual is entitled to an
36-67 exemption of $5,000 of the appraised value. The percentage adopted
36-68 by the taxing unit may not exceed 20 percent. <In addition to any
36-69 other exemptions provided by this section, an individual is
36-70 entitled to an exemption from taxation by a county education
37-1 district of a percentage of the appraised value of his residence
37-2 homestead if the exemption is adopted by the voters of the district
37-3 at an election held in the district for that purpose under Section
37-4 20.946, Education Code.> If the percentage set by the voters
37-5 produces an exemption in a tax year of less than $5,000 when
37-6 applied to a particular residence homestead, the individual is
37-7 entitled to an exemption of $5,000 of the appraised value. The
37-8 percentage adopted by the voters may not exceed 20 percent.
37-9 SECTION 24. Sections 11.14(c) and (e), Tax Code, are amended
37-10 to read as follows:
37-11 (c) The governing body of a taxing unit, <other than a
37-12 county education district,> by resolution or order, depending upon
37-13 the method prescribed by law for official action by that governing
37-14 body, may provide for taxation of tangible personal property
37-15 exempted under Subsection (a). <The voters of a county education
37-16 district, by an election held under Section 20.951, Education Code,
37-17 may provide for taxation of tangible personal property exempted
37-18 under Subsection (a).> If a taxing unit provides for taxation of
37-19 tangible personal property as provided by this subsection, the
37-20 exemption prescribed by Subsection (a) does not apply to that unit.
37-21 (e) A political subdivision <other than a county education
37-22 district> choosing to tax property otherwise made exempt by this
37-23 section, pursuant to Article VIII, Section 1(e), of the Texas
37-24 Constitution, may not do so until the governing body of the
37-25 political subdivision has held a public hearing on the matter,
37-26 after having given notice of the hearing at the times and in the
37-27 manner required by this subsection, and has found that the action
37-28 will be in the public interest of all the residents of that
37-29 political subdivision. At the hearing, all interested persons are
37-30 entitled to speak and present evidence for or against taxing the
37-31 property. Not later than the 30th day prior to the date of a
37-32 hearing held under this subsection, notice of the hearing must be:
37-33 (1) published in a newspaper having general
37-34 circulation in the political subdivision and in a section of the
37-35 newspaper other than the advertisement section;
37-36 (2) not less than one-half of one page in size; and
37-37 (3) republished on not less than three separate days
37-38 during the period beginning with the 10th day prior to the hearing
37-39 and ending with the actual date of the hearing.
37-40 SECTION 25. Section 21.01, Tax Code, is amended to read as
37-41 follows:
37-42 Sec. 21.01. Real Property. Real property is taxable by a
37-43 taxing unit if located in the unit on January 1, except as provided
37-44 by Section 19.028, Education Code.
37-45 SECTION 26. Section 21.02, Tax Code, is amended to read as
37-46 follows:
37-47 Sec. 21.02. Tangible Personal Property Generally.
37-48 (a) Except as provided by Subsection (b) and Sections 21.021,
37-49 21.04, and 21.05 <of this code>, tangible personal property is
37-50 taxable by a taxing unit if:
37-51 (1) it is located in the unit on January 1 for more
37-52 than a temporary period;
37-53 (2) it normally is located in the unit, even though it
37-54 is outside the unit on January 1, if it is outside the unit only
37-55 temporarily;
37-56 (3) it normally is returned to the unit between uses
37-57 elsewhere and is not located in any one place for more than a
37-58 temporary period; or
37-59 (4) the owner resides (for property not used for
37-60 business purposes) or maintains his principal place of business in
37-61 this state (for property used for business purposes) in the unit
37-62 and the property is taxable in this state but does not have a
37-63 taxable situs pursuant to Subdivisions (1) through (3) of this
37-64 section.
37-65 (b) Personal property having taxable situs at the same
37-66 location as real property detached from a school district and
37-67 annexed to another school district under Section 19.028, Education
37-68 Code, is taxable in the tax year in which the detachment and
37-69 annexation is made by the same school district by which the real
37-70 property is taxable in that tax year under Section 19.028,
38-1 Education Code.
38-2 SECTION 27. Section 25.25, Tax Code, is amended by adding
38-3 Subsection (h) to read as follows:
38-4 (h) The chief appraiser shall change the appraisal records
38-5 and school district appraisal rolls promptly to reflect the
38-6 detachment and annexation of property among school districts under
38-7 Section 19.028, Education Code.
38-8 SECTION 28. Section 317.005(f), Government Code, is amended
38-9 to read as follows:
38-10 (f) The governor or board may adopt an order under this
38-11 section withholding or transferring any portion of the total amount
38-12 appropriated to finance the foundation school program for a fiscal
38-13 year. The governor or board may not adopt such an order if it
38-14 would result in an allocation of money between particular programs
38-15 or statutory allotments under the foundation school program
38-16 contrary to the statutory proration formula provided by Section
38-17 16.254(h) <16.254(d)>, Education Code. The governor or board may
38-18 transfer an amount to the total amount appropriated to finance the
38-19 foundation school program for a fiscal year and may increase the
38-20 basic allotment. The governor or board may adjust allocations of
38-21 amounts between particular programs or statutory allotments under
38-22 the foundation school program only for the purpose of conforming
38-23 the allocations to actual pupil enrollments or attendance.
38-24 SECTION 29. Section 822.201(b), Government Code, is amended
38-25 to read as follows:
38-26 (b) "Salary and wages" as used in Subsection (a) means:
38-27 (1) normal periodic payments of money for service the
38-28 right to which accrues on a regular basis in proportion to the
38-29 service performed;
38-30 (2) <career ladder payments of money authorized by
38-31 Section 16.057, Education Code;>
38-32 <(3)> amounts by which the member's salary is reduced
38-33 under a salary reduction agreement authorized by Article 6252-3d,
38-34 Revised Statutes; and
38-35 (3) <(4)> amounts that would otherwise qualify as
38-36 salary and wages under Subdivision (1) <or (2)> but are not
38-37 received directly by the member pursuant to a good faith, voluntary
38-38 written salary reduction agreement in order to finance payments to
38-39 a deferred compensation or tax sheltered annuity program
38-40 specifically authorized by state law or to finance benefit options
38-41 under a cafeteria plan qualifying under Section 125 of the Internal
38-42 Revenue Code of 1986 (26 U.S.C. Section 125), if:
38-43 (A) the program or benefit options are made
38-44 available to all employees of the employer; and
38-45 (B) the benefit options in the cafeteria plan
38-46 are limited to one or more options that provide deferred
38-47 compensation, group health and disability insurance, group term
38-48 life insurance, dependent care assistance programs, or group legal
38-49 services plans.
38-50 SECTION 30. Sections 825.405(a) and (b), Government Code,
38-51 are amended to read as follows:
38-52 (a) For members entitled to the minimum salary for certain
38-53 school personnel under Section 16.056 or 16.0562, Education Code,
38-54 the employing district shall pay the state's contribution on the
38-55 portion of the member's salary that exceeds the statutory minimum.
38-56 (b) For purposes of this section, the statutory minimum
38-57 salary is the salary provided by Section 16.056, 16.0562, or
38-58 16.057, Education Code, as applicable, multiplied by the cost of
38-59 education adjustment applicable under Section 16.102, Education
38-60 Code, to the district in which the member is employed<, plus any
38-61 career ladder supplement under Section 16.057, Education Code>.
38-62 SECTION 31. Subchapter E, Chapter 825, Government Code, is
38-63 amended by adding Section 825.4051 to read as follows:
38-64 Sec. 825.4051. CONTRIBUTIONS BY CERTAIN SCHOOL DISTRICTS.
38-65 (a) If a school district's taxable value of property determined as
38-66 provided by Section 11.86, Education Code, is greater than $280,000
38-67 per weighted student in average daily attendance or an amount
38-68 provided by appropriation, as determined by the commissioner of
38-69 education, the school district shall pay the state contributions to
38-70 the retirement system for each employee of the district who is a
39-1 member of the retirement system under rules adopted by the
39-2 comptroller.
39-3 (b) The state guarantees a district's full and timely
39-4 payment of the district's obligation to the retirement system under
39-5 this section and may take action to enforce that obligation.
39-6 (c) A district shall pay the state contributions under this
39-7 section to the greatest extent that permits the district, by
39-8 imposing an effective tax rate of $1.50 on the $100 valuation of
39-9 taxable property to the district's taxable value of property
39-10 determined as provided by Section 11.86, Education Code, to have
39-11 available the same amount of revenue per weighted student in
39-12 average daily attendance for maintenance and operation of the
39-13 district, excluding reserves for facilities and costs of
39-14 contributions under this section, that the district spent in the
39-15 1992-1993 school year.
39-16 (d) A determination of the commissioner of education under
39-17 this section is final and not appealable. The Administrative
39-18 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
39-19 Civil Statutes) does not apply to a determination of the
39-20 commissioner under this section.
39-21 SECTION 32. The following provisions are repealed:
39-22 (1) Sections 1.05, 13.0321(c), 13.035(c), 13.301,
39-23 13.305, 13.306(b), and 13.307-13.323, Education Code;
39-24 (2) Subchapter G, Chapter 20, Education Code; and
39-25 (3) Sections 6.061(f), 26.12(e), and 312.002(e) and
39-26 (f), Tax Code.
39-27 SECTION 33. Notwithstanding Section 19.028(c), Education
39-28 Code, as added by this Act, in the case of detachment and
39-29 annexation of property for the 1993-1994 school year, the
39-30 commissioner of education shall make determinations and notify each
39-31 affected school district not later than July 15, 1993, or the day
39-32 following the effective date of this Act, whichever is later.
39-33 SECTION 34. It is the intent of the 73rd Legislature that,
39-34 in case of a conflict, the funding provisions for an optional
39-35 extended year program as provided by Section 21.562, Education
39-36 Code, as added by this Act, control over any other funding
39-37 provisions for the program enacted by the 73rd Legislature during
39-38 its regular session.
39-39 SECTION 35. Notwithstanding the requirement in Section
39-40 16.254, Education Code, as amended by this Act, requiring
39-41 determinations under that section to be based on estimates provided
39-42 under Section 16.2541, Education Code, as added by this Act, or on
39-43 different estimates provided by the General Appropriations Act, for
39-44 the biennium ending August 31, 1995, determinations required under
39-45 Section 16.254 shall be based on estimates provided by the
39-46 Legislative Budget Board model run, number ____.
39-47 SECTION 36. Effective September 1, 1993, each county
39-48 education district created under Section 2, Chapter 20, Acts of the
39-49 72nd Legislature, Regular Session, 1991, is abolished.
39-50 SECTION 37. (a) On August 31, 1993, each county education
39-51 district shall transfer its funds to its component school districts
39-52 in the manner provided by rule of the commissioner of education.
39-53 (b) On September 1, 1993, any assets of a county education
39-54 district other than funds are transferred to its component school
39-55 districts in the manner and amounts provided by rule of the
39-56 commissioner of education.
39-57 (c) On September 1, 1993, the contracts and other
39-58 liabilities of a county education district are transferred to its
39-59 component school districts in the manner and amounts, including
39-60 joint obligations, provided by rule of the commissioner of
39-61 education.
39-62 (d) The records of the board of a county education district
39-63 shall be maintained as provided by rule of the commissioner of
39-64 education.
39-65 (e) The component school districts of a county education
39-66 district abolished by this Act may collect and use or distribute
39-67 taxes imposed by the county education district that are delinquent
39-68 in the manner provided by rule of the commissioner of education.
39-69 SECTION 38. This Act applies to taxes imposed on or after
39-70 January 1, 1993. Changes in the funding of public schools and
40-1 compensation of school district personnel made by this Act apply
40-2 beginning with the 1993-1994 school year.
40-3 SECTION 39. The importance of this legislation and the
40-4 crowded condition of the calendars in both houses create an
40-5 emergency and an imperative public necessity that the
40-6 constitutional rule requiring bills to be read on three several
40-7 days in each house be suspended, and this rule is hereby suspended,
40-8 and that this Act take effect and be in force from and after its
40-9 passage, and it is so enacted.
40-10 * * * * *
40-11 Austin,
40-12 Texas
40-13 May 11, 1993
40-14 Hon. Bob Bullock
40-15 President of the Senate
40-16 Sir:
40-17 We, your Committee on Education to which was referred S.B. No. 7,
40-18 have had the same under consideration, and I am instructed to
40-19 report it back to the Senate with the recommendation that it do not
40-20 pass, but that the Committee Substitute adopted in lieu thereof do
40-21 pass and be printed.
40-22 Ratliff,
40-23 Chairman
40-24 * * * * *
40-25 WITNESSES
40-26 FOR AGAINST ON
40-27 ___________________________________________________________________
40-28 Name: David Anderson x
40-29 Representing: Lt. Governor's Office
40-30 City: Austin
40-31 -------------------------------------------------------------------
40-32 Name: John O'Brien x
40-33 Representing: Legislative Budget Office
40-34 City: Austin
40-35 -------------------------------------------------------------------
40-36 Name: Steve Collins x
40-37 Representing: Legislative Council
40-38 City: Austin
40-39 -------------------------------------------------------------------
40-40 Name: Kevin O'Hanlon x
40-41 Representing: Texas Education Agency
40-42 City: Austin
40-43 -------------------------------------------------------------------
40-44 Name: Leslie LeRoy x x
40-45 Representing: Tx Assoc of School Boards
40-46 City: Corpus Christi
40-47 -------------------------------------------------------------------
40-48 Name: Bill Grusendorf x x
40-49 Representing: San Saba ISD
40-50 City: San Saba
40-51 -------------------------------------------------------------------
40-52 Name: Terry Bishop x
40-53 Representing: Texas School Alliance
40-54 City: Austin
40-55 -------------------------------------------------------------------
40-56 Name: Ted Roberts x
40-57 Representing: Tx Assn of Business
40-58 City: Austin
40-59 -------------------------------------------------------------------
40-60 Name: Don Rogers x
40-61 Representing: Tx Assn of Community Schools
40-62 City: Austin
40-63 -------------------------------------------------------------------
40-64 Name: Pat Hanks x
40-65 Representing: Assoc of Tx Professional Educ
40-66 City: Austin
40-67 -------------------------------------------------------------------
40-68 Name: Joe Wisnoski x
40-69 Representing: Governor's Office
40-70 City: Austin
41-1 -------------------------------------------------------------------