By Dutton H.B. No. 1506
75R6400 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the use of program weights under the foundation school
1-3 program.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. The following sections of the Education Code are
1-6 repealed: 7.024, 29.014(d), 42.104, 42.151, 42.152, 42.153,
1-7 42.154, 42.156, and 42.253(l).
1-8 SECTION 2. Section 8.051, Education Code, is amended to read
1-9 as follows:
1-10 Sec. 8.051. CORE SERVICES. Each regional education service
1-11 center shall use funds distributed to the center under Section
1-12 8.121 for developing and maintaining core services for purchase by
1-13 school districts and campuses. The core services are:
1-14 (1) training and assistance in teaching each subject
1-15 area assessed under Section 39.023;
1-16 (2) training and assistance in providing each program
1-17 under Subchapter A, B, C, or D, Chapter 29 [that qualifies for a
1-18 funding allotment under Section 42.151, 42.152, 42.153, or 42.156];
1-19 (3) assistance specifically designed for a school
1-20 district rated academically unacceptable under Section 39.072(a) or
1-21 a campus whose performance is considered unacceptable based on the
1-22 indicators adopted under Section 39.051;
1-23 (4) training and assistance to teachers,
1-24 administrators, members of district boards of trustees, and members
2-1 of site-based decision-making committees; and
2-2 (5) assistance in complying with state laws and rules.
2-3 SECTION 3. Section 12.016, Education Code, is amended to
2-4 read as follows:
2-5 Sec. 12.016. CONTENT. Each home-rule school district
2-6 charter must:
2-7 (1) describe the educational program to be offered;
2-8 (2) provide that continuation of the home-rule school
2-9 district charter is contingent on:
2-10 (A) acceptable student performance on assessment
2-11 instruments adopted under Subchapter B, Chapter 39; and
2-12 (B) compliance with other applicable
2-13 accountability provisions under Chapter 39;
2-14 (3) specify any basis, in addition to a basis
2-15 specified by this subchapter, on which the charter may be placed on
2-16 probation or revoked;
2-17 (4) describe the governing structure of the district
2-18 and campuses;
2-19 (5) specify any procedure or requirement, in addition
2-20 to those under Chapter 38, that the district will follow to ensure
2-21 the health and safety of students and employees;
2-22 (6) describe the process by which the district will
2-23 adopt an annual budget[, including a description of the use of
2-24 program-weight funds];
2-25 (7) describe the manner in which an annual audit of
2-26 financial and programmatic operations of the district is to be
2-27 conducted, including the manner in which the district will provide
3-1 information necessary for the district to participate in the Public
3-2 Education Information Management System (PEIMS) to the extent
3-3 required by this subchapter; and
3-4 (8) include any other provision the charter commission
3-5 considers necessary.
3-6 SECTION 4. Section 29.002, Education Code, is amended to
3-7 read as follows:
3-8 Sec. 29.002. DEFINITION. In this subchapter, "special
3-9 services" means:
3-10 (1) special instruction, which may be provided by
3-11 professional and paraprofessional personnel in the regular
3-12 classroom or in a special [an] instructional arrangement as defined
3-13 by rule of the commissioner [described by Section 42.151]; or
3-14 (2) related services, which are developmental,
3-15 corrective, supportive, or evaluative services, not instructional
3-16 in nature, that may be required for the proper development and
3-17 implementation of a student's individualized education program.
3-18 SECTION 5. Section 29.082(a), Education Code, is amended to
3-19 read as follows:
3-20 (a) A school district [may set aside an amount from the
3-21 district's allotment under Section 42.152 or] may apply to the
3-22 agency for funding of an extended year program for a period not to
3-23 exceed 30 instructional days for students in kindergarten through
3-24 grade 8 who are identified as likely not to be promoted to the next
3-25 grade level for the succeeding school year.
3-26 SECTION 6. Section 29.203(b), Education Code, is amended to
3-27 read as follows:
4-1 (b) A student's public education grant is the total state
4-2 and local funding per student for the school district in which the
4-3 student resides. Total funding from state and local sources
4-4 [includes special allotments under Subchapter C, Chapter 42, but]
4-5 does not include small district, sparsity, and cost of education
4-6 adjustments and allotments for technology and transportation. A
4-7 student's public education grant is the entitlement of the student,
4-8 under the supervision of the student's parent, guardian, or
4-9 custodian, is not an entitlement of any school district, and is
4-10 paid to a school district solely as a means of administrative
4-11 convenience.
4-12 SECTION 7. Section 30.087(b), Education Code, is amended to
4-13 read as follows:
4-14 (b) From the amount appropriated for regional day school
4-15 programs, the commissioner shall allocate funds to each program
4-16 based on the number of [weighted] full-time equivalent students
4-17 served. The commissioner may consider local resources available in
4-18 allocating funds under this subsection.
4-19 SECTION 8. Section 33.001, Education Code, is amended to
4-20 read as follows:
4-21 Sec. 33.001. APPLICABILITY OF SUBCHAPTER. This subchapter
4-22 applies only to a school district that receives funds distributed
4-23 by the commissioner for a program under this subchapter. In
4-24 distributing those funds, the commissioner shall give preference to
4-25 a school district that received funds for a program under this
4-26 subchapter for the preceding school year [as provided by Section
4-27 42.152(i)].
5-1 SECTION 9. Section 39.024(c), Education Code, is amended to
5-2 read as follows:
5-3 (c) The agency shall develop and distribute study guides to
5-4 assist parents in providing assistance during the period that
5-5 school is recessed for summer to students who do not perform
5-6 satisfactorily on one or more parts of an assessment instrument
5-7 administered under this subchapter. [The commissioner shall retain
5-8 a portion of the total amount of funds allotted under Section
5-9 42.152(a) that the commissioner considers appropriate to finance
5-10 the development and distribution of the study guides and shall
5-11 reduce each district's allotment proportionately.]
5-12 SECTION 10. Section 39.031, Education Code, is amended to
5-13 read as follows:
5-14 Sec. 39.031. COST. [(a)] The cost of preparing,
5-15 administering, or grading the assessment instruments and the [shall
5-16 be paid from the funds allotted under Section 42.152, and each
5-17 district shall bear the cost in the same manner described for a
5-18 reduction in allotments under Section 42.253. If a district does
5-19 not receive an allotment under Section 42.152, the commissioner
5-20 shall subtract the cost from the district's other foundation school
5-21 fund allotments.]
5-22 [(b) The] cost of releasing the question and answer keys
5-23 under Section 39.023(d) shall be paid from amounts appropriated to
5-24 the agency.
5-25 SECTION 11. Section 41.001, Education Code, is amended to
5-26 read as follows:
5-27 Sec. 41.001. DEFINITIONS. In this chapter:
6-1 (1) "Average daily attendance" is computed as provided
6-2 by Section 42.005, except that:
6-3 (A) average daily attendance is computed using
6-4 the estimate of average daily attendance under Section 42.254; and
6-5 (B) the estimate under Section 42.254 is
6-6 modified by including a student residing in a school district but
6-7 attending school in another district in the estimate for the
6-8 district of the student's residence and not of the district in
6-9 which the student attends school.
6-10 (2) "Equalized wealth level" means the wealth per
6-11 student provided by Section 41.002.
6-12 (3) [(2)] "Wealth per student" means the taxable value
6-13 of property, as determined under Subchapter M, Chapter 403,
6-14 Government Code, divided by the number of students in [weighted]
6-15 average daily attendance.
6-16 [(3) "Weighted average daily attendance" has the
6-17 meaning assigned by Section 42.302, except that:]
6-18 [(A) weighted average daily attendance is
6-19 computed using the estimate of average daily attendance under
6-20 Section 42.254; and]
6-21 [(B) the estimate under Section 42.254 is
6-22 modified by including a student residing in a school district but
6-23 attending school in another district in the estimate for the
6-24 district of the student's residence and not of the district in
6-25 which the student attends school.]
6-26 SECTION 12. Section 41.002(e), Education Code, is amended to
6-27 read as follows:
7-1 (e) Notwithstanding Subsection (a), for the 1996-1997 and
7-2 1997-1998 school years, in accordance with a determination of the
7-3 commissioner, the wealth per student that a school district may
7-4 have after exercising an option under Section 41.003(2) or (3) may
7-5 not be less than the amount needed to maintain state and local
7-6 revenue in an amount equal to state and local revenue per
7-7 [weighted] student for maintenance and operation of the district
7-8 for the 1992-1993 school year less the district's current year
7-9 distribution per [weighted] student from the available school fund,
7-10 other than amounts distributed under Chapter 31, if the district
7-11 imposes an effective tax rate for maintenance and operation of the
7-12 district equal to the greater of the district's current tax rate or
7-13 $1.50 on the $100 valuation of taxable property. This subsection
7-14 expires September 1, 1998.
7-15 SECTION 13. Sections 41.092 and 41.093, Education Code, are
7-16 amended to read as follows:
7-17 Sec. 41.092. CREDIT. (a) For each credit purchased, the
7-18 [weighted] average daily attendance of the purchasing school
7-19 district is increased by one student in [weighted] average daily
7-20 attendance for purposes of determining whether the district
7-21 exceeds the equalized wealth level.
7-22 (b) A credit is not used in determining a school district's
7-23 scholastic population or [,] average daily attendance[, or weighted
7-24 average daily attendance] for purposes of Chapter 42 or 43.
7-25 Sec. 41.093. COST. The cost of each credit is an amount
7-26 equal to the greater of:
7-27 (1) the amount of the district's total tax revenue per
8-1 student in [weighted] average daily attendance for the school year
8-2 for which the contract is executed; or
8-3 (2) the amount of the statewide district average of
8-4 total tax revenue per student in [weighted] average daily
8-5 attendance for the school year preceding the school year for which
8-6 the contract is executed.
8-7 SECTION 14. Section 41.121, Education Code, is amended to
8-8 read as follows:
8-9 Sec. 41.121. AGREEMENT. The board of trustees of a district
8-10 with a wealth per student that exceeds the equalized wealth level
8-11 may execute an agreement to educate the students of another
8-12 district in a number that, when the [weighted] average daily
8-13 attendance of the students served is added to the [weighted]
8-14 average daily attendance of the contracting district, is
8-15 sufficient, in combination with any other actions taken under this
8-16 chapter, to reduce the district's wealth per student to a level
8-17 that is equal to or less than the equalized wealth level. The
8-18 agreement is not effective unless the commissioner certifies that
8-19 the transfer of [weighted] average daily attendance will not result
8-20 in any of the contracting districts' wealth per student being
8-21 greater than the equalized wealth level and that the agreement
8-22 requires an expenditure per student in [weighted] average daily
8-23 attendance that is at least equal to the amount per student in
8-24 [weighted] average daily attendance required under Section 41.093,
8-25 unless it is determined by the commissioner that a quality
8-26 educational program can be delivered at a lesser amount. The
8-27 commissioner may approve a special financial arrangement between
9-1 districts if that arrangement serves the best educational interests
9-2 of the state.
9-3 SECTION 15. Section 41.123, Education Code, is amended to
9-4 read as follows:
9-5 Sec. 41.123. ADA [WADA] COUNT. For purposes of Chapter 42,
9-6 students served under an agreement under this subchapter are
9-7 counted only in the [weighted] average daily attendance of the
9-8 district providing the services.
9-9 SECTION 16. Section 41.157(b), Education Code, is amended to
9-10 read as follows:
9-11 (b) Each component district shall bear a share of the costs
9-12 of assessing and collecting taxes in proportion to the component
9-13 district's share of [weighted] average daily attendance in the
9-14 consolidated taxing district.
9-15 SECTION 17. Section 41.158, Education Code, is amended to
9-16 read as follows:
9-17 Sec. 41.158. REVENUE DISTRIBUTION. The consolidated taxing
9-18 district shall distribute maintenance tax revenue to the component
9-19 districts on the basis of the number of students in [weighted]
9-20 average daily attendance in the component districts.
9-21 SECTION 18. Section 42.101, Education Code, is amended to
9-22 read as follows:
9-23 Sec. 42.101. BASIC ALLOTMENT. For each student in average
9-24 daily attendance, [not including the time students spend each day
9-25 in special education programs in an instructional arrangement other
9-26 than mainstream or career and technology education programs, for
9-27 which an additional allotment is made under Subchapter C,] a
10-1 district is entitled to an allotment of $2,387 or a greater amount
10-2 adopted by the foundation school fund budget committee under
10-3 Section 42.256. A greater amount for any school year may be
10-4 provided by appropriation.
10-5 SECTION 19. Section 42.103(e), Education Code, is amended to
10-6 read as follows:
10-7 (e) The commissioner may make the adjustment authorized by
10-8 Subsection (d)(3) only if the district's wealth per student does
10-9 not exceed the equalized wealth level under Section 41.002. For
10-10 purposes of this subsection, a district's wealth per student is
10-11 determined in the manner provided by Section 41.001, except that
10-12 the adjustment provided by Subsection (d)(3) is not used in
10-13 computing the number of students in [weighted] average daily
10-14 attendance.
10-15 SECTION 20. Section 42.256(e), Education Code, is amended to
10-16 read as follows:
10-17 (e) The funding elements shall include:
10-18 (1) a basic allotment for the purposes of Section
10-19 42.101 that, when combined with the guaranteed yield component
10-20 provided by Subchapter F, represents the cost per student of a
10-21 regular education program that meets all mandates of law and
10-22 regulation;
10-23 (2) adjustments designed to reflect the variation in
10-24 known resource costs and costs of education beyond the control of
10-25 school districts;
10-26 (3) [appropriate program cost differentials and other
10-27 funding elements for the programs authorized under Subchapter C,
11-1 with the program funding level expressed as dollar amounts and as
11-2 weights applied to the adjusted basic allotment for the appropriate
11-3 year;]
11-4 [(4)] the maximum guaranteed level of qualified state
11-5 and local funds per student for the purposes of Subchapter F;
11-6 (4) [(5)] the enrichment and facilities tax rate under
11-7 Subchapter F;
11-8 [(6) the calculation of students in weighted average
11-9 daily attendance under Section 42.302;] and
11-10 (5) [(7)] the amount to be appropriated for the school
11-11 facilities assistance program under Subchapter H.
11-12 SECTION 21. Section 42.302(a), Education Code, is amended to
11-13 read as follows:
11-14 (a) Each school district is guaranteed a specified amount
11-15 per [weighted] student in state and local funds for each cent of
11-16 tax effort over that required for the district's local fund
11-17 assignment up to the maximum level specified in this subchapter.
11-18 The amount of state support, subject only to the maximum amount
11-19 under Section 42.303, is determined by the formula:
11-21 where:
11-22 "GYA" is the guaranteed yield amount of state funds to be
11-23 allocated to the district;
11-24 "GL" is the dollar amount guaranteed level of state and local
11-25 funds per [weighted] student per cent of tax effort, which is
11-26 $20.55 or a greater amount for any year provided by appropriation,
11-27 or a greater amount adopted by the foundation school fund budget
12-1 committee under Section 42.256(d);
12-2 "ADA" ["WADA"] is the number of students in [weighted]
12-3 average daily attendance[, which is calculated by dividing the sum
12-4 of the school district's allotments under Subchapters B and C, less
12-5 any allotment to the district for transportation and 50 percent of
12-6 the adjustment under Section 42.102, by the basic allotment for the
12-7 applicable year];
12-8 "DTR" is the district enrichment and facilities tax rate of
12-9 the school district, which is determined by subtracting the amounts
12-10 specified by Subsection (b) from the total amount of taxes
12-11 collected by the school district for the applicable school year and
12-12 dividing the difference by the quotient of the district's taxable
12-13 value of property as determined under Subchapter M, Chapter 403,
12-14 Government Code, divided by 100; and
12-15 "LR" is the local revenue, which is determined by multiplying
12-16 "DTR" by the quotient of the district's taxable value of property
12-17 as determined under Subchapter M, Chapter 403, Government Code,
12-18 divided by 100.
12-19 SECTION 22. Section 42.401(2), Education Code, is amended to
12-20 read as follows:
12-21 (2) "Guaranteed wealth level" means a wealth per
12-22 student determined by the following formula:
12-24 where:
12-25 "GWL" is the guaranteed wealth level; and
12-26 "GL" is the dollar amount guaranteed level of state and local
12-27 funds per [weighted] student per cent of tax effort, as provided by
13-1 Section 42.302[;]
13-2 ["SWADA" is the total weighted average daily attendance,
13-3 determined in the manner provided by Section 42.302, for all school
13-4 districts in the state; and]
13-5 ["SADA" is the total average daily attendance for all school
13-6 districts in the state].
13-7 SECTION 23. Section 42.404(a), Education Code, is amended to
13-8 read as follows:
13-9 (a) In addition to the amount determined under Section
13-10 42.403, a district is entitled to supplemental state assistance if
13-11 the district's average daily attendance is less than [the product
13-12 of the quotient of the average daily attendance for all school
13-13 districts in the state, as determined under Section 42.401, divided
13-14 by the weighted average daily attendance for all school districts
13-15 in the state, as determined under Section 42.401, multiplied by]
13-16 2,500. The amount of supplemental state assistance to which a
13-17 school district is entitled is the lesser of the amounts determined
13-18 by the following formulas:
13-20 where:
13-21 "SSA" is the amount of supplemental state assistance;
13-22 "SA" is the amount of state assistance determined under
13-23 Section 42.403;
13-24 "DPV" is the district's taxable value of property, as
13-25 determined under Subchapter M, Chapter 403, Government Code; and
13-26 "PC" is the total cost of the project; or
14-1 where:
14-2 "SSA" is the amount of supplemental state assistance;
14-3 "SA" is the amount of state assistance determined under
14-4 Section 42.403; and
14-5 "PC" is the total cost of the project.
14-6 SECTION 24. Section 42.410(a), Education Code, is amended to
14-7 read as follows:
14-8 (a) If the guaranteed wealth level is increased over the
14-9 level for the year in which a school district received assistance
14-10 under this subchapter, for each year to which the increased level
14-11 applies and in which the district levies a tax to pay for the local
14-12 share of the cost of the project for which the district received
14-13 state assistance under this subchapter, the district is entitled to
14-14 additional state assistance determined by the formula:
14-16 LPR - ((SA + SSA)/PY)
14-17 where:
14-18 "ASA" is the amount of additional state assistance;
14-19 "GL" is the dollar amount guaranteed level of state and local
14-20 funds per [weighted] student per cent of tax effort, as provided by
14-21 Section 42.302;
14-22 ["SWADA" is the total number of students in weighted average
14-23 daily attendance in the district, determined in the manner provided
14-24 by Section 42.302, for all school districts in the state;]
14-25 ["SADA" is the total average daily attendance for all school
14-26 districts in the state;]
14-27 "ADA" is the district's average daily attendance;
15-1 "PTR" is the project tax rate of the district, which is
15-2 calculated by dividing the amount necessary for annual payments:
15-3 (1) on the principal and interest of bonds issued to
15-4 finance the local share of the project; or
15-5 (2) under a lease-purchase agreement for the local
15-6 share of the project; by the DPV as defined in Section 42.404;
15-7 "LPR" is the local project revenue, which is determined by
15-8 multiplying "PTR" by the quotient of the district's taxable value
15-9 of property, as determined under Subchapter M, Chapter 403,
15-10 Government Code, divided by 100;
15-11 "SA" is the state assistance allocated to the district under
15-12 Section 42.403;
15-13 "SSA" is the supplemental state assistance allocated to the
15-14 district under Section 42.404; and
15-15 "PY" is the number of years for which the district must levy
15-16 a tax to pay for the local share of the project cost, as reported
15-17 to the commissioner under Section 42.409(b).
15-18 SECTION 25. This Act takes effect September 1, 1997.
15-19 SECTION 26. The amendment to Section 8.051, Education Code,
15-20 by this Act takes effect only if a law is enacted by the 75th
15-21 Legislature, Regular Session, 1997, establishing or continuing in
15-22 effect regional education service centers.
15-23 SECTION 27. The importance of this legislation and the
15-24 crowded condition of the calendars in both houses create an
15-25 emergency and an imperative public necessity that the
15-26 constitutional rule requiring bills to be read on three several
15-27 days in each house be suspended, and this rule is hereby suspended.