AN ACT
1-1 relating to public school finance, property tax relief, and public
1-2 education; making an appropriation.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 ARTICLE 1. SCHOOL FINANCE AND PROPERTY TAX RELIEF
1-5 SECTION 1.01. Subdivision (3), Section 41.001, Education
1-6 Code, is amended to read as follows:
1-7 (3) "Weighted average daily attendance" has the
1-8 meaning assigned by Section 42.302[, except that:]
1-9 [(A) weighted average daily attendance is
1-10 computed using the estimate of average daily attendance under
1-11 Section 42.254; and]
1-12 [(B) the estimate under Section 42.254 is
1-13 modified by including a student residing in a school district but
1-14 attending school in another district in the estimate for the
1-15 district of the student's residence and not of the district in
1-16 which the student attends school].
1-17 SECTION 1.02. Section 41.002, Education Code, is amended by
1-18 amending Subsections (a), (b), (e), and (f) and adding Subsection
1-19 (g) to read as follows:
1-20 (a) A school district may not have a wealth per student that
1-21 exceeds $295,000 [$280,000].
1-22 (b) For [Except as provided by Subsection (c), for] purposes
1-23 of this chapter, the commissioner shall adjust, in accordance with
1-24 Section 42.2521 [by the amount of the decline], the taxable values
2-1 of a school district that, due to factors beyond the control of the
2-2 board of trustees, experiences a rapid decline [from the preceding
2-3 year] in the tax base used in calculating taxable values [that is
2-4 beyond the control of the board of trustees of the district].
2-5 (e) Notwithstanding Subsection (a), and except as provided
2-6 by Subsection (g) [for the 1997-1998, 1998-1999, and 1999-2000
2-7 school years], in accordance with a determination of the
2-8 commissioner, the wealth per student that a school district may
2-9 have after exercising an option under Section 41.003(2) or (3) may
2-10 not be less than the amount needed to maintain state and local
2-11 revenue in an amount equal to state and local revenue per weighted
2-12 student for maintenance and operation of the district for the
2-13 1992-1993 school year less the district's current year distribution
2-14 per weighted student from the available school fund, other than
2-15 amounts distributed under Chapter 31, if the district imposes an
2-16 effective tax rate for maintenance and operation of the district
2-17 equal to the greater of the district's current tax rate or $1.50 on
2-18 the $100 valuation of taxable property. [This subsection expires
2-19 September 1, 2000.]
2-20 (f) For purposes of Subsection (e), a school district's
2-21 effective tax rate is determined by dividing the total amount of
2-22 taxes collected by the district for the applicable school year less
2-23 any amounts paid into a tax increment fund under Chapter 311, Tax
2-24 Code, by the quotient of the district's taxable value of property,
2-25 as determined under Subchapter M, Chapter 403, Government Code,
2-26 divided by 100. [This subsection expires September 1, 2000.]
3-1 (g) The wealth per student that a district may have under
3-2 Subsection (e) is adjusted as follows:
3-3 AWPS = WPS X (((EWL/280,000 - 1) X DTR/1.5) + 1)
3-4 where:
3-5 "AWPS" is the district's wealth per student;
3-6 "WPS" is the district's wealth per student determined under
3-7 Subsection (e);
3-8 "EWL" is the equalized wealth level; and
3-9 "DTR" is the district's adopted maintenance and operations
3-10 tax rate for the current school year.
3-11 SECTION 1.03. Section 41.003, Education Code, is amended to
3-12 read as follows:
3-13 Sec. 41.003. OPTIONS TO ACHIEVE EQUALIZED WEALTH LEVEL. A
3-14 district with a wealth per student that exceeds the equalized
3-15 wealth level may take any combination of the following actions to
3-16 achieve the equalized wealth level:
3-17 (1) consolidation with another district as provided by
3-18 Subchapter B;
3-19 (2) detachment of territory as provided by Subchapter
3-20 C;
3-21 (3) purchase of average daily attendance credit as
3-22 provided by Subchapter D;
3-23 (4) [contracting for the] education of nonresident
3-24 students as provided by Subchapter E; or
3-25 (5) tax base consolidation with another district as
3-26 provided by Subchapter F.
4-1 SECTION 1.04. Subchapter A, Chapter 41, Education Code, is
4-2 amended by adding Section 41.0031 to read as follows:
4-3 Sec. 41.0031. INCLUSION OF ATTENDANCE CREDITS AND
4-4 NONRESIDENTS IN WEIGHTED AVERAGE DAILY ATTENDANCE. In determining
4-5 whether a school district has a wealth per student less than or
4-6 equal to the equalized wealth level, the commissioner shall use:
4-7 (1) the district's final weighted average daily
4-8 attendance; and
4-9 (2) the number of attendance credits a district
4-10 purchases under Subchapter D or the number of nonresident students
4-11 a district educates under Subchapter E for a school year.
4-12 SECTION 1.05. Subsection (a), Section 41.004, Education
4-13 Code, is amended to read as follows:
4-14 (a) Not later than July 15 of each year, using the estimate
4-15 of enrollment under Section 42.254, the commissioner shall review
4-16 the wealth per student of school districts in the state and shall
4-17 notify:
4-18 (1) each district with wealth per student exceeding
4-19 the equalized wealth level;
4-20 (2) each district to which the commissioner proposes
4-21 to annex property detached from a district notified under
4-22 Subdivision (1), if necessary, under Subchapter G; and
4-23 (3) each district to which the commissioner proposes
4-24 to consolidate a district notified under Subdivision (1), if
4-25 necessary, under Subchapter H.
4-26 SECTION 1.06. Section 41.093, Education Code, is amended by
5-1 adding Subsection (c) to read as follows:
5-2 (c) The cost of an attendance credit for a school district
5-3 is computed using the final tax collections of the district.
5-4 SECTION 1.07. Subchapter E, Chapter 41, Education Code, is
5-5 amended by adding Section 41.124 to read as follows:
5-6 Sec. 41.124. TRANSFERS. (a) The board of trustees of a
5-7 school district with a wealth per student that exceeds the
5-8 equalized wealth level may reduce the district's wealth per student
5-9 by serving nonresident students who transfer to the district and
5-10 are educated by the district but who are not charged tuition. A
5-11 district that exercises the option under this subsection is not
5-12 required to execute an agreement with the school district in which
5-13 a transferring student resides and must certify to the commissioner
5-14 that the district has not charged or received tuition for the
5-15 transferring students.
5-16 (b) A school district with a wealth per student that exceeds
5-17 the equalized wealth level that pays tuition to another school
5-18 district for the education of students that reside in the district
5-19 may apply the amount of tuition paid toward the cost of the option
5-20 chosen by the district to reduce its wealth per student. The
5-21 amount applied under this subsection may not exceed the amount
5-22 determined under Section 41.093 as the cost of an attendance credit
5-23 for the district. The commissioner may require any reports
5-24 necessary to document the tuition payments.
5-25 (c) A school district that receives tuition for a student
5-26 from a school district with a wealth per student that exceeds the
6-1 equalized wealth level may not claim attendance for that student
6-2 for purposes of Chapters 42 and 46 and the technology allotment
6-3 under Section 31.021(b)(2).
6-4 SECTION 1.08. The heading to Subchapter E, Chapter 41,
6-5 Education Code, is amended to read as follows:
6-6 SUBCHAPTER E. [CONTRACT FOR] EDUCATION OF NONRESIDENT
6-7 STUDENTS
6-8 SECTION 1.09. Subsection (b), Section 42.002, Education
6-9 Code, is amended to read as follows:
6-10 (b) The Foundation School Program consists of:
6-11 (1) two tiers that in combination provide for:
6-12 (A) sufficient financing for all school
6-13 districts to provide a basic program of education that is rated
6-14 academically acceptable or higher under Section 39.072 and meets
6-15 other applicable legal standards; and
6-16 (B) substantially equal access to funds to
6-17 provide an enriched program [and additional funds for facilities];
6-18 and
6-19 (2) a facilities component as provided by Chapter 46.
6-20 SECTION 1.10. Subsection (d), Section 42.007, Education
6-21 Code, is amended to read as follows:
6-22 (d) The board shall conduct a study on the funding elements
6-23 each biennium, as appropriate. The study must include a
6-24 determination of the projected cost to the state in the next state
6-25 fiscal biennium of ensuring the ability of each school district to
6-26 maintain existing programs without increasing property tax rates.
7-1 SECTION 1.11. Section 42.101, Education Code, is amended to
7-2 read as follows:
7-3 Sec. 42.101. BASIC ALLOTMENT. For each student in average
7-4 daily attendance, not including the time students spend each day in
7-5 special education programs in an instructional arrangement other
7-6 than mainstream or career and technology education programs, for
7-7 which an additional allotment is made under Subchapter C, a
7-8 district is entitled to an allotment of $2,537 [$2,387]. A greater
7-9 amount for any school year may be provided by appropriation.
7-10 SECTION 1.12. Subchapter B, Chapter 42, Education Code, is
7-11 amended by adding Section 42.106 to read as follows:
7-12 Sec. 42.106. ADJUSTED PROPERTY VALUE FOR DISTRICTS NOT
7-13 OFFERING ALL GRADE LEVELS. For purposes of this chapter, the
7-14 taxable value of property of a school district that contracts for
7-15 students residing in the district to be educated in another
7-16 district under Section 25.039(a) is adjusted by applying the
7-17 formula:
7-18 ADPV = DPV - (TN/.015)
7-19 where:
7-20 "ADPV" is the district's adjusted taxable value of property;
7-21 "DPV" is the taxable value of property in the district for
7-22 the preceding tax year determined under Subchapter M, Chapter 403,
7-23 Government Code; and
7-24 "TN" is the total amount of tuition required to be paid by
7-25 the district under Section 25.039 for the school year for which the
7-26 adjustment is made.
8-1 SECTION 1.13. Section 42.152, Education Code, is amended by
8-2 adding Subsections (s) and (t) to read as follows:
8-3 (s) A reduction made under this section or the General
8-4 Appropriations Act in the allotment under this section does not
8-5 affect the computation of students in weighted average daily
8-6 attendance for purposes of Subchapter F.
8-7 (t) For each year of a state fiscal biennium, the
8-8 commissioner shall reduce the guaranteed level of state and local
8-9 funds per weighted student per cent of tax effort under Section
8-10 42.302 by an amount sufficient to reduce state costs in an amount
8-11 equal to the increase in state costs due to the application of
8-12 Subsection (s). The commissioner shall determine the same
8-13 reduction for each year and shall announce the determination as
8-14 soon as practicable after August 1 preceding the beginning of the
8-15 biennium. A determination by the commissioner under this section
8-16 is final and may not be appealed.
8-17 SECTION 1.14. Subchapter C, Chapter 42, Education Code, is
8-18 amended by adding Section 42.158 to read as follows:
8-19 Sec. 42.158. NEW INSTRUCTIONAL FACILITY ALLOTMENT. (a) A
8-20 school district is entitled to an additional allotment as provided
8-21 by this section for operational expenses associated with opening a
8-22 new instructional facility.
8-23 (b) For the first school year in which students attend a new
8-24 instructional facility, a school district is entitled to an
8-25 allotment of $250 for each student in average daily attendance at
8-26 the facility. For the second school year in which students attend
9-1 that instructional facility, a school district is entitled to an
9-2 allotment of $250 for each additional student in average daily
9-3 attendance at the facility.
9-4 (c) For purposes of this section, the number of additional
9-5 students in average daily attendance at a facility is the
9-6 difference between the number of students in average daily
9-7 attendance in the current year at that facility and the number of
9-8 students in average daily attendance at that facility in the
9-9 preceding year.
9-10 (d) The amount appropriated for allotments under this
9-11 section may not exceed $25 million in a school year. If the total
9-12 amount of allotments to which districts are entitled under this
9-13 section for a school year exceeds the amount appropriated for
9-14 allotments under this section, the commissioner shall reduce each
9-15 district's allotment under this section in the manner provided by
9-16 Section 42.253(h).
9-17 (e) A school district that is required to take action under
9-18 Chapter 41 to reduce its wealth per student to the equalized wealth
9-19 level is entitled to a credit, in the amount of the allotments to
9-20 which the district is entitled under this section, against the
9-21 total amount required under Section 41.093 for the district to
9-22 purchase attendance credits. A school district that is otherwise
9-23 ineligible for state aid under this chapter is entitled to receive
9-24 allotments under this section.
9-25 (f) The commissioner may adopt rules necessary to implement
9-26 this section.
10-1 (g) In this section, "instructional facility" has the
10-2 meaning assigned by Section 46.001.
10-3 SECTION 1.15. Subsection (a), Section 42.251, Education
10-4 Code, is amended to read as follows:
10-5 (a) The sum of the basic allotment under Subchapter B and
10-6 the special allotments under Subchapter C, computed in accordance
10-7 with this chapter, constitute the tier one allotments. The sum of
10-8 the tier one allotments and[,] the guaranteed yield allotments
10-9 under Subchapter F, [and assistance provided under the school
10-10 facilities assistance program under Subchapter H,] computed in
10-11 accordance with this chapter, constitute the total cost of the
10-12 Foundation School Program.
10-13 SECTION 1.16. Section 42.2511, Education Code, is amended to
10-14 read as follows:
10-15 Sec. 42.2511. [COMPUTATION OF STATE AID FOR 1997-1998 SCHOOL
10-16 YEAR;] ADDITIONAL STATE AID FOR HOMESTEAD EXEMPTION.
10-17 (a) Notwithstanding any other provision of this chapter, [in
10-18 computing state aid for the 1997-1998 school year, a school
10-19 district's taxable value of property under Subchapter M, Chapter
10-20 403, Government Code, is determined as if the increase in the
10-21 homestead exemption under Section 1-b(c), Article VIII, Texas
10-22 Constitution, and the additional limitation on tax increases under
10-23 Section 1-b(d) of that article, as proposed by H.J.R. No. 4, 75th
10-24 Legislature, Regular Session, 1997, had been in effect for the 1996
10-25 tax year.]
10-26 [(b) For the 1997-1998 and 1998-1999 school years,] a school
11-1 district is entitled to additional state aid to the extent that
11-2 state aid under this chapter based on the determination of the
11-3 school district's taxable value of property as provided under
11-4 Subchapter M, Chapter 403, Government Code, [by Subsection (a)]
11-5 does not fully compensate the district for ad valorem tax revenue
11-6 [that would have been] lost due to the increase in the homestead
11-7 exemption under Section 1-b(c), Article VIII, Texas Constitution,
11-8 as proposed by H.J.R. No. 4, 75th Legislature, Regular Session,
11-9 1997, and the additional limitation on tax increases under Section
11-10 1-b(d), Article VIII, Texas Constitution, as proposed by H.J.R.
11-11 No. 4, 75th Legislature, Regular Session, 1997 [if the increased
11-12 exemption and additional limitation had been in effect for the 1996
11-13 tax year].
11-14 (b) The commissioner, using information provided by the
11-15 comptroller, shall compute the amount of additional state aid to
11-16 which a district is entitled under this section [subsection]. A
11-17 determination by the commissioner under this section [subsection]
11-18 is final and may not be appealed.
11-19 [(c) This section expires September 1, 1999.]
11-20 SECTION 1.17. Subchapter E, Chapter 42, Education Code, is
11-21 amended by adding Sections 42.2512 and 42.2513 to read as follows:
11-22 Sec. 42.2512. ADDITIONAL STATE AID FOR PROFESSIONAL STAFF
11-23 SALARIES. (a) A school district, including a school district that
11-24 is otherwise ineligible for state aid under this chapter, is
11-25 entitled to state aid in an amount, as determined by the
11-26 commissioner, equal to the difference, if any, between:
12-1 (1) an amount equal to the product of $3,000
12-2 multiplied by the number of classroom teachers, full-time
12-3 librarians, full-time counselors certified under Subchapter B,
12-4 Chapter 21, and full-time school nurses employed by the district
12-5 and entitled to a minimum salary under Section 21.402; and
12-6 (2) an amount equal to 80 percent of the amount of
12-7 additional funds to which the district is entitled due to the
12-8 increases made by S.B. No. 4, Acts of the 76th Legislature, Regular
12-9 Session, 1999, to:
12-10 (A) the equalized wealth level under Section
12-11 41.002;
12-12 (B) the basic allotment under Section 42.101;
12-13 and
12-14 (C) the guaranteed level of state and local
12-15 funds per weighted student per cent of tax effort under Section
12-16 42.302.
12-17 (b) A determination by the commissioner under this section
12-18 is final and may not be appealed.
12-19 (c) The commissioner may adopt rules to implement this
12-20 section.
12-21 Sec. 42.2513. SALARY TRANSITION AID. (a) For the 1999-2000
12-22 and 2000-2001 school years, the commissioner shall increase the
12-23 entitlement under this chapter of a school district that
12-24 experiences additional salary cost resulting from Chapter 592 (H.B.
12-25 No. 4), Acts of the 75th Legislature, Regular Session, 1997, that
12-26 is not fully funded by an amount equal to 20 percent of the amount
13-1 of additional funds to which the district is entitled due to the
13-2 increases made by S.B. No. 4, Acts of the 76th Legislature, Regular
13-3 Session, 1999, to:
13-4 (1) the equalized wealth level under Section 41.002;
13-5 (2) the basic allotment under Section 42.101; and
13-6 (3) the guaranteed level of state and local funds per
13-7 weighted student per cent of tax effort under Section 42.302.
13-8 (b) The amount of additional salary cost shall be computed
13-9 by determining what the district's salary cost for the 1996-1997
13-10 school year would have been if, for purposes of the minimum salary
13-11 schedule under Section 21.402, as that section existed on September
13-12 1, 1996, the amount appropriated for purposes of the Foundation
13-13 School Program for the 1997-1998 state fiscal year were increased
13-14 by $520 million and comparing that cost to the amount the district
13-15 was actually required to pay under Section 21.402. For this
13-16 purpose, the commissioner shall use 1996-1997 employment and salary
13-17 data as reported through the Public Education Information
13-18 Management System (PEIMS).
13-19 (c) The commissioner shall determine the amount of
13-20 additional state aid under this section to which each school
13-21 district is entitled. A decision of the commissioner under this
13-22 section is final and may not be appealed.
13-23 (d) This section expires September 1, 2001.
13-24 SECTION 1.18. Subchapter E, Chapter 42, Education Code, is
13-25 amended by adding Sections 42.2521 and 42.2522 to read as follows:
13-26 Sec. 42.2521. ADJUSTMENT FOR RAPID DECLINE IN TAXABLE VALUE
14-1 OF PROPERTY. (a) For purposes of Chapters 41 and 46 and this
14-2 chapter, and to the extent money specifically authorized to be used
14-3 under this section is available, the commissioner shall adjust the
14-4 taxable value of property in a school district that, due to factors
14-5 beyond the control of the board of trustees, experiences a rapid
14-6 decline in the tax base used in calculating taxable values in
14-7 excess of four percent of the tax base used in the preceding year.
14-8 (b) To the extent that a sufficient amount of money is not
14-9 available to fund all adjustments under this section, the
14-10 commissioner shall reduce adjustments in the manner provided by
14-11 Section 42.253(h) so that the total amount of adjustments equals
14-12 the amount of money available to fund the adjustments.
14-13 (c) A decision of the commissioner under this section is
14-14 final and may not be appealed.
14-15 Sec. 42.2522. ADJUSTMENT FOR OPTIONAL HOMESTEAD EXEMPTION.
14-16 (a) In any school year, the commissioner may not provide funding
14-17 under this chapter based on a school district's taxable value of
14-18 property computed in accordance with Section 403.302(d)(2),
14-19 Government Code, unless:
14-20 (1) funds are specifically appropriated for purposes
14-21 of this section; or
14-22 (2) the commissioner determines that the total amount
14-23 of state funds appropriated for purposes of the Foundation School
14-24 Program for the school year exceeds the amount of state funds
14-25 distributed to school districts in accordance with Section 42.253
14-26 based on the taxable values of property in school districts
15-1 computed in accordance with Section 403.302(d), Government Code,
15-2 without any deduction for residence homestead exemptions granted
15-3 under Section 11.13(n), Tax Code.
15-4 (b) In making a determination under Subsection (a)(2), the
15-5 commissioner shall:
15-6 (1) notwithstanding Section 42.253(b), reduce the
15-7 entitlement under this chapter of a school district whose final
15-8 taxable value of property is higher than the estimate under Section
15-9 42.254 and make payments to school districts accordingly; and
15-10 (2) give priority to school districts that, due to
15-11 factors beyond the control of the board of trustees, experience a
15-12 rapid decline in the tax base used in calculating taxable values in
15-13 excess of four percent of the tax base used in the preceding year.
15-14 (c) In the first year of a state fiscal biennium, before
15-15 providing funding as provided by Subsection (a)(2), the
15-16 commissioner shall ensure that sufficient appropriated funds for
15-17 purposes of the Foundation School Program are available for the
15-18 second year of the biennium, including funds to be used for
15-19 purposes of Section 42.2521.
15-20 (d) If the commissioner determines that the amount of funds
15-21 available under Subsection (a)(1) or (2) does not at least equal
15-22 the total amount of state funding to which districts would be
15-23 entitled if state funding under this chapter were based on the
15-24 taxable values of property in school districts computed in
15-25 accordance with Section 403.302(d)(2), Government Code, the
15-26 commissioner may, to the extent necessary, provide state funding
16-1 based on a uniform lesser fraction of the deduction under Section
16-2 403.302(d)(2), Government Code.
16-3 (e) The commissioner shall notify school districts as soon
16-4 as practicable as to the availability of funds under this section.
16-5 For purposes of computing a rollback tax rate under Section 26.08,
16-6 Tax Code, a district shall adjust the district's tax rate limit in
16-7 the manner provided by comptroller rule to reflect assistance
16-8 received under this section.
16-9 SECTION 1.19. Section 42.253, Education Code, is amended by
16-10 adding Subsections (e-1) and (e-2) to read as follows:
16-11 (e-1) For the 1999-2000 and 2000-2001 school years, the
16-12 commissioner shall recompute the limit authorized under Subsection
16-13 (e) for each school district to be a rate that would entitle the
16-14 district to an amount of state and local funds per weighted student
16-15 in the current year, using a guaranteed level of state and local
16-16 funds per cent of tax effort under Section 42.302 of $23.10, equal
16-17 to the amount of state and local funds to which the district would
16-18 have been entitled under this chapter for the current school year
16-19 if there had been no change in law. For purposes of this
16-20 subsection, the commissioner shall base the determination of a
16-21 district's entitlement under prior law on the district's maximum
16-22 tax rate for the 1999-2000 school year under Subsection (e) and the
16-23 funding elements for this chapter as it existed on May 31, 1999.
16-24 (e-2) The commissioner may adopt rules necessary to
16-25 administer Subsection (e-1). A determination of the commissioner
16-26 under Subsection (e-1) is final and may not be appealed.
17-1 Subsection (e-1) and this subsection expire September 1, 2001.
17-2 SECTION 1.20. Sections 42.301, 42.302, and 42.303, Education
17-3 Code, are amended to read as follows:
17-4 Sec. 42.301. PURPOSE. The purpose of the guaranteed yield
17-5 component of the Foundation School Program is to provide each
17-6 school district with the opportunity to provide the basic program
17-7 and to supplement that program at a level of its own choice [and
17-8 with access to additional funds for facilities]. An allotment
17-9 under this subchapter may be used for any legal purpose other
17-10 than[, including] capital outlay or [and] debt service.
17-11 Sec. 42.302. ALLOTMENT. (a) Each school district is
17-12 guaranteed a specified amount per weighted student in state and
17-13 local funds for each cent of tax effort over that required for the
17-14 district's local fund assignment up to the maximum level specified
17-15 in this subchapter. The amount of state support, subject only to
17-16 the maximum amount under Section 42.303, is determined by the
17-17 formula:
17-18 GYA = (GL X WADA X DTR X 100) - LR
17-19 where:
17-20 "GYA" is the guaranteed yield amount of state funds to be
17-21 allocated to the district;
17-22 "GL" is the dollar amount guaranteed level of state and local
17-23 funds per weighted student per cent of tax effort, which is $24.99
17-24 [$21] or a greater amount for any year provided by appropriation;
17-25 "WADA" is the number of students in weighted average daily
17-26 attendance, which is calculated by dividing the sum of the school
18-1 district's allotments under Subchapters B and C, less any allotment
18-2 to the district for transportation, any allotment under Section
18-3 42.158, and 50 percent of the adjustment under Section 42.102, by
18-4 the basic allotment for the applicable year;
18-5 "DTR" is the district enrichment [and facilities] tax rate of
18-6 the school district, which is determined by subtracting the amounts
18-7 specified by Subsection (b) from the total amount of maintenance
18-8 and operations taxes collected by the school district for the
18-9 applicable school year and dividing the difference by the quotient
18-10 of the district's taxable value of property as determined under
18-11 Subchapter M, Chapter 403, Government Code, or, if applicable,
18-12 under Section 42.2521, divided by 100; and
18-13 "LR" is the local revenue, which is determined by multiplying
18-14 "DTR" by the quotient of the district's taxable value of property
18-15 as determined under Subchapter M, Chapter 403, Government Code, or,
18-16 if applicable, under Section 42.2521, divided by 100.
18-17 (b) In computing the district enrichment [and facilities]
18-18 tax rate of a school district, the total amount of maintenance and
18-19 operations taxes collected by the school district does not include
18-20 the amount of:
18-21 (1) the district's local fund assignment under Section
18-22 42.252; or
18-23 (2) [taxes collected to pay the local share of the
18-24 cost of an instructional facility for which the district receives
18-25 state assistance under Chapter 46; or]
18-26 [(3)] taxes paid into a tax increment fund under
19-1 Chapter 311, Tax Code.
19-2 Sec. 42.303. LIMITATION ON ENRICHMENT [AND FACILITIES] TAX
19-3 RATE. The district enrichment [and facilities] tax rate ("DTR")
19-4 under Section 42.302 may not exceed $0.64 per $100 of valuation, or
19-5 a greater amount for any year provided by appropriation.
19-6 SECTION 1.21. The heading to Chapter 46, Education Code, is
19-7 amended to read as follows:
19-8 CHAPTER 46. ASSISTANCE WITH INSTRUCTIONAL FACILITIES
19-9 AND PAYMENT OF EXISTING DEBT [ALLOTMENT]
19-10 SECTION 1.22. Sections 46.001 through 46.011, Education
19-11 Code, are designated as Subchapter A, Chapter 46, Education Code,
19-12 and a new subchapter heading is added to read as follows:
19-13 SUBCHAPTER A. INSTRUCTIONAL FACILITIES ALLOTMENT
19-14 SECTION 1.23. Sections 46.001 and 46.002, Education Code,
19-15 are amended to read as follows:
19-16 Sec. 46.001. DEFINITION. In this subchapter [chapter],
19-17 "instructional facility" means real property, an improvement to
19-18 real property, or a necessary fixture of an improvement to real
19-19 property that is used predominantly for teaching the curriculum
19-20 required under Section 28.002.
19-21 Sec. 46.002. RULES. (a) The commissioner may adopt rules
19-22 for the administration of this subchapter [chapter].
19-23 (b) The commissioner's rules may limit the amount of an
19-24 allotment under this subchapter [chapter] that is to be used to
19-25 construct, acquire, renovate, or improve an instructional facility
19-26 that may also be used for noninstructional or extracurricular
20-1 activities.
20-2 SECTION 1.24. Subsections (a) and (g), Section 46.003,
20-3 Education Code, are amended to read as follows:
20-4 (a) For each year, except as provided by Sections 46.005 and
20-5 46.006, a school district is guaranteed a specified amount per
20-6 student in state and local funds for each cent of tax effort, up to
20-7 the maximum rate under Subsection (b), to pay the principal of and
20-8 interest on eligible bonds issued to construct, acquire, renovate,
20-9 or improve an instructional facility. The amount of state support
20-10 is determined by the formula:
20-11 FYA = (FYL X ADA X BTR X 100) - (BTR X (DPV/100))
20-12 where:
20-13 "FYA" is the guaranteed facilities yield amount of state
20-14 funds allocated to the district for the year;
20-15 "FYL" is the dollar amount guaranteed level of state and
20-16 local funds per student per cent of tax effort, which is $35 [$28]
20-17 or a greater amount for any year provided by appropriation;
20-18 "ADA" is the greater of the number of students in average
20-19 daily attendance, as determined under Section 42.005, in the
20-20 district or 400;
20-21 "BTR" is the district's bond tax rate for the current year,
20-22 which is determined by dividing the amount of taxes budgeted to be
20-23 collected by the district for payment of eligible bonds by the
20-24 quotient of the district's taxable value of property as determined
20-25 under Subchapter M, Chapter 403, Government Code, or, if
20-26 applicable, Section 42.2521, divided by 100; and
21-1 "DPV" is the district's taxable value of property as
21-2 determined under Subchapter M, Chapter 403, Government Code, or, if
21-3 applicable, Section 42.2521.
21-4 (g) To receive state assistance under this subchapter
21-5 [chapter], a school district must apply to the commissioner in
21-6 accordance with rules adopted by the commissioner before issuing
21-7 bonds that will be paid with state assistance. Until the bonds are
21-8 fully paid or the instructional facility is sold:
21-9 (1) a school district is entitled to continue
21-10 receiving state assistance without reapplying to the commissioner;
21-11 and
21-12 (2) the guaranteed level of state and local funds per
21-13 student per cent of tax effort applicable to the bonds may not be
21-14 reduced below the level provided for the year in which the bonds
21-15 were issued.
21-16 SECTION 1.25. Section 46.004, Education Code, is amended to
21-17 read as follows:
21-18 Sec. 46.004. LEASE-PURCHASE AGREEMENTS. (a) A district may
21-19 receive state assistance in connection with a lease-purchase
21-20 agreement concerning an instructional facility. For purposes of
21-21 this subchapter [chapter]:
21-22 (1) taxes levied for purposes of maintenance and
21-23 operations that are necessary to pay a district's share of the
21-24 payments under a lease-purchase agreement for which the district
21-25 receives state assistance under this subchapter [chapter] are
21-26 considered to be bond taxes; and
22-1 (2) payments under a lease-purchase agreement are
22-2 considered to be payments of principal of and interest on bonds.
22-3 (b) Section 46.003(b) applies to taxes levied to pay a
22-4 district's share of the payments under a lease-purchase agreement
22-5 for which the district receives state assistance under this
22-6 subchapter [chapter].
22-7 (c) A lease-purchase agreement must be for a term of at
22-8 least eight years to be eligible to be paid with state and local
22-9 funds under this subchapter [chapter].
22-10 SECTION 1.26. Section 46.006, Education Code, is amended to
22-11 read as follows:
22-12 Sec. 46.006. SHORTAGE OR EXCESS OF FUNDS APPROPRIATED FOR
22-13 NEW PROJECTS. (a) If the total amount appropriated for a year for
22-14 new projects is less than the amount of money to which school
22-15 districts applying for state assistance are entitled for that year,
22-16 the commissioner shall rank each school district applying by wealth
22-17 per student. For purposes of this section, a district's wealth per
22-18 student is reduced by 10 percent for each state fiscal biennium in
22-19 which the district did not receive assistance under this subchapter
22-20 [chapter].
22-21 (b) A district's wealth per student is reduced for purposes
22-22 of this section if a district has had substantial student
22-23 enrollment growth in the preceding five-year period. The reduction
22-24 is in addition to any reduction under Subsection (a) and is
22-25 computed before the district's wealth per student is reduced under
22-26 that subsection, if applicable. A district's wealth per student is
23-1 reduced:
23-2 (1) by five percent, if the district has an enrollment
23-3 growth rate in that period that is 10 percent or more but less than
23-4 15 percent;
23-5 (2) by 10 percent, if the district has an enrollment
23-6 growth rate in that period that is 15 percent or more but less than
23-7 30 percent; or
23-8 (3) by 15 percent, if the district has an enrollment
23-9 growth rate in that period that is 30 percent or more.
23-10 (c) A district's wealth per student is reduced by 10 percent
23-11 for purposes of this section if the district does not have any
23-12 outstanding debt at the time the district applies for assistance
23-13 under this subchapter. The reduction is in addition to any
23-14 reduction under Subsection (a) or (b) and is computed before the
23-15 district's wealth per student is reduced under those subsections,
23-16 if applicable.
23-17 (d) The commissioner shall adjust the rankings after making
23-18 the reductions in wealth per student required by Subsections (a),
23-19 (b), and (c) [this subsection].
23-20 (e) [(b)] Beginning with the district with the lowest
23-21 adjusted wealth per student that has applied for state assistance
23-22 for the year, the commissioner shall award state assistance to
23-23 districts that have applied for state assistance in ascending order
23-24 of adjusted wealth per student. The commissioner shall award the
23-25 full amount of state assistance to which a district is entitled
23-26 under this subchapter [chapter], except that the commissioner may
24-1 award less than the full amount to the last district for which any
24-2 funds are available.
24-3 (f) [(c)] Any amount appropriated for the first year of a
24-4 fiscal biennium that is not awarded to a school district may be
24-5 used to provide assistance in the following fiscal year.
24-6 (g) [(d)] In this section, "wealth per student" means a
24-7 school district's taxable value of property as determined under
24-8 Subchapter M, Chapter 403, Government Code, or, if applicable,
24-9 Section 42.2521, divided by the district's average daily attendance
24-10 as determined under Section 42.005.
24-11 SECTION 1.27. Sections 46.007 and 46.009, Education Code,
24-12 are amended to read as follows:
24-13 Sec. 46.007. REFUNDING BONDS. A school district may use
24-14 state funds received under this subchapter [chapter] to pay the
24-15 principal of and interest on refunding bonds that:
24-16 (1) are issued to refund bonds eligible under Section
24-17 46.003;
24-18 (2) do not have a final maturity date later than the
24-19 final maturity date of the bonds being refunded;
24-20 (3) may not be called for redemption earlier than the
24-21 earliest call date of the bonds being refunded; and
24-22 (4) result in a present value savings, which is
24-23 determined by computing the net present value of the difference
24-24 between each scheduled payment on the original bonds and each
24-25 scheduled payment on the refunding bonds. The present value
24-26 savings shall be computed at the true interest cost of the
25-1 refunding bonds.
25-2 Sec. 46.009. PAYMENT OF SCHOOL FACILITIES ALLOTMENTS.
25-3 (a) For each school year, the commissioner shall determine the
25-4 amount of money to which each school district is entitled under
25-5 this subchapter [chapter].
25-6 (b) If the amount appropriated for purposes of this
25-7 subchapter [chapter] for a year is less than the total amount
25-8 determined under Subsection (a) for that year, the commissioner
25-9 shall:
25-10 (1) transfer from the Foundation School Program to the
25-11 instructional facilities program the amount by which the total
25-12 amount determined under Subsection (a) exceeds the amount
25-13 appropriated; and
25-14 (2) reduce each district's foundation school fund
25-15 allocations in the manner provided by Section 42.253(h) [42.253].
25-16 (c) Warrants for payments under this subchapter [chapter]
25-17 shall be approved and transmitted to school district treasurers or
25-18 depositories in the same manner as warrants for payments under
25-19 Chapter 42.
25-20 (d) As soon as practicable after September 1 of each year,
25-21 the commissioner shall distribute to each school district the
25-22 amount of state assistance under this subchapter [chapter] to which
25-23 the commissioner has determined the district is entitled for the
25-24 school year. The district shall deposit the money in the interest
25-25 and sinking fund for the bonds for which the assistance is received
25-26 and shall adopt a tax rate for purposes of debt service that takes
26-1 into account the balance of the interest and sinking fund.
26-2 (e) Section 42.258 applies to payments under this subchapter
26-3 [chapter].
26-4 (f) If a school district would have received a greater
26-5 amount under this subchapter [chapter] for the applicable school
26-6 year using the adjusted value determined under Section 42.257, the
26-7 commissioner shall add the difference between the adjusted value
26-8 and the amount the district received under this subchapter
26-9 [chapter] to subsequent distributions to the district under this
26-10 subchapter [chapter].
26-11 SECTION 1.28. Subsection (a), Section 46.011, Education
26-12 Code, is amended to read as follows:
26-13 (a) If an instructional facility financed by bonds paid with
26-14 state and local funds under this subchapter [chapter] is sold
26-15 before the bonds are fully paid, the school district shall send to
26-16 the comptroller an amount equal to the district's net proceeds from
26-17 the sale multiplied by a percentage determined by dividing the
26-18 amount of state funds under this subchapter used to pay the
26-19 principal of and interest on the bonds by the total amount of
26-20 principal and interest paid on the bonds with funds other than the
26-21 proceeds of the sale.
26-22 SECTION 1.29. Chapter 46, Education Code, is amended by
26-23 adding Subchapters B and C to read as follows:
26-24 SUBCHAPTER B. ASSISTANCE WITH PAYMENT OF EXISTING DEBT
26-25 Sec. 46.031. RULES. The commissioner may adopt rules for
26-26 the administration of this subchapter.
27-1 Sec. 46.032. ALLOTMENT. (a) Each school district is
27-2 guaranteed a specified amount per student in state and local funds
27-3 for each cent of tax effort to pay the principal of and interest on
27-4 eligible bonds. The amount of state support, subject only to the
27-5 maximum amount under Section 46.034, is determined by the formula:
27-6 EDA = (EDGL X ADA X EDTR X 100) - (EDTR X (DPV/100))
27-7 where:
27-8 "EDA" is the amount of state funds to be allocated to the
27-9 district for assistance with existing debt;
27-10 "EDGL" is the dollar amount guaranteed level of state and
27-11 local funds per student per cent of tax effort, which is $35 or a
27-12 greater amount for any year provided by appropriation;
27-13 "ADA" is the number of students in average daily attendance,
27-14 as determined under Section 42.005, in the district;
27-15 "EDTR" is the existing debt tax rate of the district, which
27-16 is determined by dividing the amount of taxes budgeted to be
27-17 collected by the district for payment of eligible bonds by the
27-18 quotient of the district's taxable value of property as determined
27-19 under Subchapter M, Chapter 403, Government Code, or, if
27-20 applicable, under Section 42.2521, divided by 100; and
27-21 "DPV" is the district's taxable value of property as
27-22 determined under Subchapter M, Chapter 403, Government Code, or, if
27-23 applicable, under Section 42.2521.
27-24 (b) The existing debt tax rate of the district under
27-25 Subsection (a) may not exceed the rate that would be necessary for
27-26 the current year, using state funds under Subsection (a), to make
28-1 payments of principal and interest on the bonds for which the tax
28-2 is pledged.
28-3 Sec. 46.033. ELIGIBLE BONDS. Bonds, including bonds issued
28-4 under Section 45.006, are eligible to be paid with state and local
28-5 funds under this subchapter if:
28-6 (1) taxes levied to pay the principal of and interest
28-7 on the bonds were included in the district's audited debt service
28-8 collections for the 1998-1999 school year; and
28-9 (2) the district does not receive state assistance
28-10 under Subchapter A for payment of the principal and interest on the
28-11 bonds.
28-12 Sec. 46.034. LIMITS ON ASSISTANCE. (a) The existing debt
28-13 tax rate ("EDTR") under Section 46.032 may not exceed $0.12 per
28-14 $100 of valuation, or a greater amount for any year provided by
28-15 appropriation.
28-16 (b) The amount of state assistance to which a district is
28-17 entitled under this subchapter may not exceed the amount to which
28-18 the district would be entitled at the district's tax rate for the
28-19 payment of eligible bonds for the final year of the preceding state
28-20 fiscal biennium.
28-21 (c) If the amount required to pay the principal of and
28-22 interest on eligible bonds in a school year is less than the
28-23 district's audited debt service collections for the 1998-1999
28-24 school year, the district may not receive aid in excess of the
28-25 amount that, when added to the district's local revenue for the
28-26 school year, equals the amount required to pay the principal of and
29-1 interest on the bonds.
29-2 (d) To the extent funds are available under Chapter 42 or
29-3 this chapter in excess of the amount to which school districts are
29-4 entitled for a school year, the commissioner, before providing
29-5 additional assistance under Section 42.2522, may provide assistance
29-6 under this subchapter to a district that would be entitled to the
29-7 assistance but for the limit on the existing debt tax rate under
29-8 Subsection (a).
29-9 Sec. 46.035. PAYMENT OF ASSISTANCE. Section 46.009 applies
29-10 to the payment of assistance under this subchapter.
29-11 SUBCHAPTER C. REFINANCING
29-12 Sec. 46.061. (a) The commissioner by rule may provide for
29-13 the payment of state assistance under this chapter to refinance
29-14 school district debt. A refinancing may not increase the cost to
29-15 the state of providing the assistance.
29-16 (b) The commissioner may allocate state assistance provided
29-17 for a refinancing to Subchapter A, Subchapter B, or both, as
29-18 appropriate.
29-19 SECTION 1.30. Sections 21.401 and 21.402, Education Code,
29-20 are amended to read as follows:
29-21 Sec. 21.401. MINIMUM SERVICE REQUIRED. (a) A contract
29-22 between a school district and an educator must be for a minimum of
29-23 10 months' service.
29-24 (a-4) For the 1998-1999 school year, an educator employed
29-25 under a 10-month contract must provide a minimum of 187 days of
29-26 service. This subsection expires September 1, 1999.
30-1 (b) An educator employed under a 10-month contract must
30-2 provide a minimum [number] of 187 days of service [as determined by
30-3 the following formula:]
30-4 [MDS = 185 + (0.33 X (R1 - R2)/(R2/185) )]
30-5 [where:]
30-6 ["MDS" is the minimum number of days of service;]
30-7 ["R1" is equal to FSP/ADA as determined under Section 21.402
30-8 for the fiscal year; and]
30-9 ["R2" is equal to FSP/ADA as determined under Section 21.402
30-10 for the 1996-1997 school year].
30-11 [(b-1) Subsection (b) applies beginning with the 1999-2000
30-12 school year. This subsection expires January 1, 2000.]
30-13 (c) [The result of the formula prescribed by Subsection (b)
30-14 shall be rounded to the nearest whole number.]
30-15 [(d)] The commissioner, as provided by Section 25.081(b),
30-16 may reduce the number of days of service required by this section.
30-17 A reduction by the commissioner does not reduce an educator's
30-18 salary.
30-19 Sec. 21.402. MINIMUM SALARY SCHEDULE FOR CERTAIN
30-20 PROFESSIONAL STAFF [CLASSROOM TEACHERS AND FULL-TIME LIBRARIANS].
30-21 (a) Except as provided by Subsection (d), [or] (e), or (f), a
30-22 school district must pay each classroom teacher, [or] full-time
30-23 librarian, full-time counselor certified under Subchapter B, or
30-24 full-time school nurse not less than the minimum monthly salary,
30-25 based on the employee's level of experience, determined by the
30-26 following formula:
31-1 MS = SF X FS [(FSP/ADA)]
31-2 where:
31-3 "MS" is the minimum monthly salary;
31-4 "SF" is the applicable salary factor specified by Subsection
31-5 (c); and
31-6 "FS" is the amount, as determined by the commissioner under
31-7 Subsection (b), of state and local funds per weighted student
31-8 available to a district eligible to receive state assistance under
31-9 Section 42.302 with an enrichment tax rate, as defined by Section
31-10 42.302, equal to the maximum rate authorized under Section 42.303
31-11 ["FSP" is the amount appropriated in the General Appropriations Act
31-12 for the fiscal year for the Foundation School Program, as
31-13 determined by the commissioner as provided by Subsection (b); and]
31-14 ["ADA" is the total estimated average daily attendance, as
31-15 defined by Section 42.005, used for purposes of the General
31-16 Appropriations Act for the fiscal year].
31-17 (b) Not later than June 1 of each year, the commissioner
31-18 shall determine the amount of state and local funds per weighted
31-19 student available, for purposes of Subsection (a), to a district
31-20 described by that subsection for the following school year
31-21 [appropriated for purposes of Chapter 42 for the state fiscal year
31-22 beginning September 1. The commissioner shall exclude from the
31-23 determination:]
31-24 [(1) amounts designated solely for use in connection
31-25 with school facilities or for payment of principal of and interest
31-26 on bonds; and]
32-1 [(2) local funds received under Subchapter D, Chapter
32-2 41].
32-3 (c) The salary factors per step are as follows:
32-4 Years Experience 0 1 2 3 4
32-5 Salary Factor .5596 .5728 .5861 .5993 .6272
32-6 [.8470] [.8699] [.8928] [.9156] [.9639]
32-7 Years Experience 5 6 7 8 9
32-8 Salary Factor .6552 .6831 .7091 .7336 .7569
32-9 [1.0122] [1.0605] [1.1054] [1.1477] [1.1879]
32-10 Years Experience 10 11 12 13 14
32-11 Salary Factor .7787 .7996 .8192 .8376 .8552
32-12 [1.2256] [1.2616] [1.2955] [1.3273] [1.3578]
32-13 Years Experience 15 16 17 18 19
32-14 Salary Factor .8717 .8874 .9021 .9160 .9293
32-15 [1.3862] [1.4133] [1.4387] [1.4628] [1.4857]
32-16 Years Experience 20 and over
32-17 Salary Factor .9418
32-18 [1.5073]
32-19 (c-1) Notwithstanding Subsection (a), for the 1999-2000 and
32-20 2000-2001 school years, a classroom teacher, full-time librarian,
32-21 full-time counselor certified under Subchapter B, or full-time
32-22 school nurse is entitled to a monthly salary that is at least equal
32-23 to the greater of:
32-24 (1) the sum of:
32-25 (A) the monthly salary the employee would have
32-26 received for the 1999-2000 or 2000-2001 school year, as applicable
33-1 under the district's salary schedule for the 1998-1999 school year,
33-2 if that schedule had been in effect for the 1999-2000 or 2000-2001
33-3 school year, including any local supplement and any money
33-4 representing a career ladder supplement the employee would have
33-5 received in the 1999-2000 or 2000-2001 school year; and
33-6 (B) $300; or
33-7 (2) the salary to which the employee is entitled under
33-8 Subsection (a).
33-9 (c-2) Subsection (c-1) and this subsection expire September
33-10 1, 2001.
33-11 (d) A classroom teacher, full-time librarian, full-time
33-12 counselor certified under Subchapter B, or full-time school nurse
33-13 employed by a school district in the 2000-2001 school year is, as
33-14 long as the employee is employed by the same district, entitled to
33-15 a salary that is at least equal to the salary the employee received
33-16 for the 2000-2001 school year.
33-17 (e) If the minimum monthly salary determined under
33-18 Subsection (a) for a particular level of experience is less than
33-19 the minimum monthly salary for that level of experience in the
33-20 preceding year, the minimum monthly salary is the minimum monthly
33-21 salary for the preceding year.
33-22 (f) [(e)] Notwithstanding Subsection (a), a teacher or
33-23 librarian who received a career ladder supplement on August 31,
33-24 1993, is entitled to at least the same gross monthly salary the
33-25 teacher or librarian received for the 1994-1995 school year as long
33-26 as the teacher or librarian is employed by the same district.
34-1 (g) The commissioner may adopt rules to govern the
34-2 application of this section, including rules that:
34-3 (1) require the payment of a minimum salary under this
34-4 section to a person employed in more than one capacity for which a
34-5 minimum salary is provided and whose combined employment in those
34-6 capacities constitutes full-time employment; and
34-7 (2) specify the credentials a person must hold to be
34-8 considered a school nurse under this section.
34-9 (h) [(f)] In this section, "gross monthly salary" must
34-10 include the amount a teacher or librarian received that represented
34-11 a career ladder salary supplement under Section 16.057, as that
34-12 section existed January 1, 1993.
34-13 SECTION 1.31. Subsections (a) and (c), Section 21.403,
34-14 Education Code, are amended to read as follows:
34-15 (a) A teacher, [or] librarian, counselor, or nurse shall
34-16 advance one step on the minimum salary schedule under Section
34-17 21.402 for each year of experience as a teacher, [or] librarian,
34-18 counselor, or nurse until step 20 is reached.
34-19 (c) The commissioner shall adopt rules for determining the
34-20 experience for which a teacher, [or] librarian, counselor, or nurse
34-21 is to be given credit in placing the teacher, [or] librarian,
34-22 counselor, or nurse on the minimum salary schedule. A district
34-23 shall credit the teacher, [or] librarian, counselor, or nurse for
34-24 each year of experience without regard to whether the years are
34-25 consecutive.
34-26 SECTION 1.32. Subsection (b), Section 25.039, Education
35-1 Code, is amended to read as follows:
35-2 (b) The school district in which the students reside shall
35-3 pay tuition to any district with which it has a contract under this
35-4 section for each of its students attending school in that district
35-5 at a grade level for which the district has contracted. The amount
35-6 of the tuition paid may not exceed the lesser of the amount
35-7 provided for by Section 25.038 or an amount specified by
35-8 commissioner rule [if the board of trustees of the district in
35-9 which the students reside finds the excess payment to be in the
35-10 best interest of the district's educational program].
35-11 SECTION 1.33. Subsection (b), Section 30.102, Education
35-12 Code, is amended to read as follows:
35-13 (b) A classroom teacher, [or] full-time librarian, full-time
35-14 counselor certified under Subchapter B, Chapter 21, or full-time
35-15 school nurse employed by the commission is entitled to receive as a
35-16 minimum salary the monthly salary [rate] specified by Section
35-17 21.402. A classroom teacher, [or] full-time librarian, full-time
35-18 counselor, or full-time school nurse may be paid, from funds
35-19 appropriated to the commission, a salary in excess of the minimum
35-20 specified by that section, but the salary may not exceed the rate
35-21 of pay for a similar position in the public schools of an adjacent
35-22 school district.
35-23 SECTION 1.34. Subsections (a) and (c), Section 45.104,
35-24 Education Code, are amended to read as follows:
35-25 (a) The board of trustees of any school district may pledge
35-26 its delinquent taxes levied for maintenance purposes for specific
36-1 past, current, and future school years as security for a loan, and
36-2 may evidence any such loan with negotiable notes, and the
36-3 delinquent taxes pledged shall be applied against the principal and
36-4 interest of the loan [as they are collected]. Negotiable notes
36-5 issued under this subsection must mature not more than 20 years
36-6 from their date.
36-7 (c) Funds secured through loans secured by delinquent taxes
36-8 may be employed for any legal maintenance expenditure or purpose of
36-9 the school district, including all costs incurred in connection
36-10 with:
36-11 (1) environmental cleanup and asbestos removal
36-12 programs implemented by school districts; or
36-13 (2) maintenance, repair, rehabilitation, or
36-14 replacement of heating, air conditioning, water, sanitation,
36-15 roofing, flooring, electric, or other building systems of existing
36-16 school properties.
36-17 SECTION 1.35. Subsection (a), Section 45.108, Education
36-18 Code, is amended to read as follows:
36-19 (a) Independent or consolidated school districts may borrow
36-20 money for the purpose of paying maintenance expenses and may
36-21 evidence those loans with negotiable notes, except that the loans
36-22 may not at any time exceed 75 percent of the previous year's
36-23 income. The notes may be payable from and secured by a lien on and
36-24 pledge of any available funds of the district, including proceeds
36-25 of a maintenance tax. The term "maintenance expenses" or
36-26 "maintenance expenditures" as used in this section means any lawful
37-1 expenditure of the school district other than payment of principal
37-2 of and interest on bonds. The term includes all costs incurred in
37-3 connection with environmental cleanup and asbestos cleanup and
37-4 removal programs implemented by school districts or in connection
37-5 with the maintenance, repair, rehabilitation, or replacement of
37-6 heating, air conditioning, water, sanitation, roofing, flooring,
37-7 electric, or other building systems of existing school properties.
37-8 Notes issued pursuant to this section [an environmental cleanup and
37-9 asbestos cleanup and removal program] may be issued to mature in
37-10 not more than 20 [15] years from their date. Notes issued for a
37-11 term longer than one year must be treated as "debt" as defined in
37-12 Section 26.012(7), Tax Code.
37-13 SECTION 1.36. Section 403.302, Government Code, as amended
37-14 by S.B. No. 1368, Acts of the 76th Legislature, Regular Session,
37-15 1999, is amended by amending Subsections (d) and (h) and adding
37-16 Subsection (j) to read as follows:
37-17 (d) For the purposes of this section, "taxable value" means
37-18 the market value of all taxable property less:
37-19 (1) the total dollar amount of any residence homestead
37-20 exemptions lawfully granted under Section 11.13(b) or (c), Tax
37-21 Code, in the year that is the subject of the study for each school
37-22 district;
37-23 (2) one-half of the total dollar amount of any
37-24 residence homestead exemptions granted under Section 11.13(n), Tax
37-25 Code, in the year that is the subject of the study for each school
37-26 district;
38-1 (3) [(3)] the total dollar amount of any captured
38-5 appraised value of property that is located in a reinvestment zone
38-6 on August 31, 1999, generates a tax increment paid into a tax
38-7 increment fund, and is eligible for tax increment financing under
38-8 Chapter 311, Tax Code, under a reinvestment zone financing plan
38-9 approved under Section 311.011(d), Tax Code, before September 1,
38-10 1999;
38-11 (5) [(4)] the total dollar amount of any exemptions
38-12 granted under Section 11.251, Tax Code;
38-13 (6) [(5)] the difference between the comptroller's
38-14 estimate of the market value and the productivity value of land
38-15 that qualifies for appraisal on the basis of its productive
38-16 capacity, except that the productivity value estimated by the
38-17 comptroller may not exceed the fair market value of the land;
38-18 (7) [(6)] the portion of the appraised value of
38-19 residence homesteads of the elderly on which school district taxes
38-20 are not imposed in the year that is the subject of the study,
38-21 calculated as if the residence homesteads were appraised at the
38-22 full value required by law;
38-23 (8) [(7)] a portion of the market value of property
38-24 not otherwise fully taxable by the district at market value because
38-25 of action required by statute or the constitution of this state
38-26 that, if the tax rate adopted by the district is applied to it,
39-1 produces an amount equal to the difference between the tax that the
39-2 district would have imposed on the property if the property were
39-3 fully taxable at market value and the tax that the district is
39-4 actually authorized to impose on the property, if this subsection
39-5 does not otherwise require that portion to be deducted;
39-6 (9) [(8)] the market value of all tangible personal
39-7 property, other than manufactured homes, owned by a family or
39-8 individual and not held or used for the production of income;
39-9 (10) [(9)] the appraised value of property the
39-10 collection of delinquent taxes on which is deferred under Section
39-11 33.06, Tax Code;
39-12 (11) [(10)] the portion of the appraised value of
39-13 property the collection of delinquent taxes on which is deferred
39-14 under Section 33.065, Tax Code; and
39-15 (12) [(11)] the amount by which the market value of a
39-16 residence homestead to which Section 23.23, Tax Code, applies
39-17 exceeds the appraised value of that property as calculated under
39-18 that section.
39-19 (h) For purposes of Section [Sections 41.0011 and] 42.2511,
39-20 Education Code, [for the 1996 and 1997 tax years,] the comptroller
39-21 shall certify to the commissioner of education:
39-22 (1) a final value for each school district computed on
39-23 a residence homestead exemption under Section 1-b(c), Article VIII,
39-24 Texas Constitution, of $5,000; and
39-25 (2) a final value for each school district computed
39-26 on:
40-1 (A) a residence homestead exemption under
40-2 Section 1-b(c), Article VIII, Texas Constitution, of $15,000; and
40-3 (B) the effect of the additional limitation on
40-4 tax increases under Section 1-b(d), Article VIII, Texas
40-5 Constitution, as proposed by H.J.R. No. 4, 75th Legislature,
40-6 Regular Session, 1997.
40-7 (j) For purposes of Section 42.2522, Education Code, the
40-8 comptroller shall certify to the commissioner of education:
40-9 (1) a final value for each school district computed
40-10 without any deduction for residence homestead exemptions granted
40-11 under Section 11.13(n), Tax Code; and
40-12 (2) a final value for each school district computed
40-13 after deducting one-half the total dollar amount of residence
40-14 homestead exemptions granted under Section 11.13(n), Tax Code.
40-15 SECTION 1.37. Subdivision (8), Section 271.003, Local
40-16 Government Code, is amended to read as follows:
40-17 (8) "Personal property" includes appliances,
40-18 equipment, facilities, and furnishings, or an interest in personal
40-19 property, whether movable or fixed, considered by the governing
40-20 body of the governmental agency to be necessary, useful, or
40-21 appropriate to one or more purposes of the governmental agency.
40-22 The term includes all materials and labor incident to the
40-23 installation of that personal property. The term does not include
40-24 real property.
40-25 SECTION 1.38. Section 271.005, Local Government Code, is
40-26 amended by adding Subsection (b) to read as follows:
41-1 (b) The governing body of a governmental agency may contract
41-2 under this section for materials and labor incident to the
41-3 installation of personal property.
41-4 SECTION 1.39. Subsection (b), Section 271.007, Local
41-5 Government Code, is amended to read as follows:
41-6 (b) After the contract has been approved and registered as
41-7 provided by this section, the contract is valid and is
41-8 incontestable for any cause. The legal obligation of the lessor,
41-9 vendor, or supplier of personal property or of the person
41-10 installing personal property to the governmental agency is not
41-11 diminished in any respect by the approval and registration of the
41-12 contract.
41-13 SECTION 1.40. Section 26.08, Tax Code, is amended by
41-14 amending Subsection (i) and adding Subsections (j) through (n) to
41-15 read as follows:
41-16 (i) For purposes of this section, the rollback tax rate of a
41-17 school district is the sum of:
41-18 (1) the tax rate that, applied to the current total
41-19 value for the district, would impose taxes in an amount that, when
41-20 added to state funds that would be distributed to the district
41-21 under Chapter 42, Education Code, for the school year beginning in
41-22 the current tax year using that tax rate, would provide the same
41-23 amount of state funds distributed under Chapter 42 and maintenance
41-24 and operations taxes of the district per student in weighted
41-25 average daily attendance for that school year that would have been
41-26 [was] available to the district in the preceding year if the
42-1 funding elements for Chapters 41 and 42, Education Code, for the
42-2 current year had been in effect for the preceding year;
42-3 (2) the rate of $0.06 [$0.08] per $100 of taxable
42-4 value; and
42-5 (3) the district's current debt rate.
42-6 (j) For purposes of Subsection (i), the amount of state
42-7 funds that would have been available to a school district in the
42-8 preceding year is computed using the maximum tax rate for the
42-9 current year under Section 42.253(e), Education Code.
42-10 (k) Except as provided by Subsection (l), for purposes of
42-11 this section, for the 1999 tax year, the rollback tax rate of a
42-12 school district is the sum of:
42-13 (1) the tax rate that, applied to the current total
42-14 value for the district, would impose maintenance and operations
42-15 taxes in an amount that, when added to the amount of state funds
42-16 that would be distributed to the district under Chapter 42,
42-17 Education Code, for the 1999-2000 school year using that tax rate
42-18 and a guaranteed level of state and local funds per weighted
42-19 student per cent of tax effort under Section 42.302, Education
42-20 Code, of $23.10, would provide the same amount of state funds
42-21 distributed under Chapter 42 and maintenance and operations taxes
42-22 of the district per student in weighted average daily attendance
42-23 for the 1999-2000 school year that would have been available to the
42-24 district in the 1999-2000 school year, using:
42-25 (A) the maximum tax rate for the 1999-2000
42-26 school year under Section 42.253(e), Education Code, for which
43-1 state funding would be provided; and
43-2 (B) the guaranteed level of state and local
43-3 funds per weighted student per cent of tax effort under Section
43-4 42.302, Education Code, for the 1998-1999 school year and the basic
43-5 allotment under Section 42.101, Education Code, for the 1999-2000
43-6 school year;
43-7 (2) the tax rate that, applied to the current total
43-8 value for the district, would impose taxes in an amount that would
43-9 provide the same amount of funds as the taxes paid by the district
43-10 during the 1998-1999 school year under 26 U.S.C. Section 3111(a),
43-11 and its subsequent amendments, for employees covered by the Social
43-12 Security retirement program, if the district is currently required
43-13 to participate in that program;
43-14 (3) the rate of $0.03 per $100 of taxable value; and
43-15 (4) the district's current debt rate.
43-16 (l) Subsection (i) applies to a school district that is
43-17 required to take action under Chapter 41, Education Code, to reduce
43-18 its wealth per student to the equalized wealth level, except that
43-19 the amount of $0.03 is substituted for the amount specified by
43-20 Subsection (i)(2).
43-21 (m) For purposes of Subsections (i) and (k), the amount of
43-22 maintenance and operations taxes and state funds available to a
43-23 school district does not include amounts provided to the district
43-24 in accordance with Section 42.2512 or 42.2513, Education Code.
43-25 (n) Subsections (k)-(m) and this subsection expire September
43-26 1, 2000.
44-1 SECTION 1.41. In placing a counselor or school nurse on the
44-2 minimum salary schedule in accordance with Sections 21.402 and
44-3 21.403, Education Code, as amended by this Act, a school district
44-4 shall credit the counselor or nurse for each year of experience in
44-5 accordance with rules adopted by the commissioner of education,
44-6 regardless of whether the experience was gained before, during, or
44-7 after the 1999-2000 school year.
44-8 SECTION 1.42. (a) In coordination with the comptroller of
44-9 public accounts of the State of Texas, the Charles A. Dana Center
44-10 at The University of Texas at Austin shall conduct a study of
44-11 variations in known resource costs and costs of education beyond
44-12 the control of a school district.
44-13 (b) Not later than November 1, 2000, the center shall make
44-14 recommendations to the 77th Legislature as to methods of adjusting
44-15 funding under Chapter 42, Education Code, to reflect variations in
44-16 resource costs and costs of education.
44-17 (c) The comptroller of public accounts of the State of
44-18 Texas, the Texas Education Agency, and Texas A&M University shall
44-19 assist the center in conducting the study and making the
44-20 recommendations.
44-21 SECTION 1.43. (a) A portion of the amounts appropriated in
44-22 Article III, H.B. No. 1, Acts of the 76th Legislature, Regular
44-23 Session, 1999, to the Texas Education Agency is allocated as
44-24 provided by this subsection, notwithstanding the provisions of H.B.
44-25 No. 1:
44-26 (1) for the fiscal year ending August 31, 2000,
45-1 $1,715,000,000 is allocated to Strategy A.2.1.: Foundation School
45-2 Program, and for the fiscal year ending August 31, 2001,
45-3 $1,785,000,000 is allocated to that strategy;
45-4 (2) for each fiscal year of the biennium ending August
45-5 31, 2001, $100 million is allocated to Strategy B.1.1.:
45-6 Instructional Excellence, for kindergarten and prekindergarten
45-7 grant programs authorized by Section 29.155, Education Code, as
45-8 added by this Act;
45-9 (3) for each fiscal year of the biennium ending August
45-10 31, 2001, $7.5 million is allocated to Strategy B.1.1.:
45-11 Instructional Excellence, for implementation of an educational
45-12 component to Head Start, as authorized by Section 29.156, Education
45-13 Code, as added by this Act;
45-14 (4) for each fiscal year of the biennium ending August
45-15 31, 2001, $42.5 million in each year of the biennium is allocated
45-16 to Strategy B.1.1.: Instructional Excellence, for the Basic Skills
45-17 Programs for High School Students, as authorized by Section 29.086,
45-18 Education Code, as added by this Act; and
45-19 (5) for the fiscal year ending August 31, 2001, the
45-20 unexpended balance of an amount allocated under Subdivision (2),
45-21 (3), or (4) of this subsection for the fiscal year ending August
45-22 31, 2000, is allocated for the same purpose.
45-23 (b) As provided by Section 42.2511, Education Code, as
45-24 amended by this Act, the commissioner of education shall allocate
45-25 transition aid for total revenue declines associated with the
45-26 increase in the homestead exemption under Subsection (d), Section
46-1 1-b, Article VIII, Texas Constitution, as proposed by H.J.R. No. 4,
46-2 75th Legislature, Regular Session, 1997, in amounts estimated to be
46-3 $45 million for each fiscal year of the biennium ending August 31,
46-4 2001.
46-5 (c) For the biennium ending August 31, 2001, the
46-6 commissioner of education shall distribute amounts appropriated in
46-7 Article III, H.B. No. 1, Acts of the 76th Legislature, Regular
46-8 Session, 1999, to the Texas Education Agency, in Article III of
46-9 that Act, for purposes of the Instructional Facilities Allotment
46-10 under Subchapter A, Chapter 46, Education Code, as amended by this
46-11 Act, as follows:
46-12 (1) for the fiscal year ending August 31, 2000, the
46-13 commissioner shall use $50 million of the funds appropriated in
46-14 Strategy A.2.3.: Maximizing School Facilities, to assist school
46-15 districts under the provisions of Subchapter A, Chapter 46,
46-16 Education Code, as amended by this Act, to issue new debt for
46-17 public school facilities, and for the fiscal year ending August 31,
46-18 2001, the commissioner shall use $50 million to assist school
46-19 districts to issue new debt for public school facilities and $50
46-20 million to assist school districts to make debt service payments on
46-21 debt issued in the fiscal year ending August 31, 2000; and
46-22 (2) the commissioner shall use the remaining
46-23 appropriation in Strategy A.2.3.: Maximizing School Facilities, to
46-24 meet the financial obligation incurred by the state under
46-25 Subchapter A, Chapter 46, Education Code, as amended by this Act,
46-26 in the biennium ending August 31, 1999.
47-1 (d) The amount allocated under Rider 10 following the
47-2 appropriation to the Texas Education Agency in Article III, H.B.
47-3 No. 1, Acts of the 76th Legislature, Regular Session, 1999, is
47-4 reduced from $160 million to $133 million, and that amount shall be
47-5 distributed by the commissioner of education in a manner consistent
47-6 with the changes made by this Act in amending Subsection (b),
47-7 Section 41.002, Education Code, repealing Subsection (c), Section
47-8 41.002, Education Code, and adding Section 42.2521, Education Code,
47-9 relating to the compensation of school districts for property value
47-10 decline.
47-11 (e) The amount specified in Rider 50 following the
47-12 appropriation to the Texas Education Agency in Article III, H.B.
47-13 No. 1, Acts of the 76th Legislature, Regular Session, 1999, as the
47-14 guaranteed level per weighted student per cent of tax effort is
47-15 adjusted to conform with Subchapter F, Chapter 42, Education Code,
47-16 as amended by this Act.
47-17 (f) For each fiscal year of the biennium ending August 31,
47-18 2001, from amounts appropriated in Article III, H.B. No. 1, Acts of
47-19 the 76th Legislature, Regular Session, 1999, to the Texas Education
47-20 Agency, the commissioner of education may expend an amount not to
47-21 exceed $25 million in payment of the allotment provided by Section
47-22 42.158, Education Code, as added by this Act, for new instructional
47-23 facilities.
47-24 (g) The Legislative Budget Board shall adjust the amounts
47-25 specified in Rider 2 following the appropriation to the Texas
47-26 Education Agency in Article III, H.B. No. 1, Acts of the 76th
48-1 Legislature, Regular Session, 1999, in compliance with the changes
48-2 specified by this section.
48-3 (h) The Legislative Budget Board shall adjust the amount
48-4 specified as attendance credit revenues in the method of finance
48-5 for amounts appropriated in Article III, H.B. No. 1, Acts of the
48-6 76th Legislature, Regular Session, 1999, to the Texas Education
48-7 Agency to account for applicable provisions of this Act and for
48-8 updated projections of those revenues.
48-9 (i) The Legislative Budget Board shall adjust performance
48-10 measure targets in the appropriations in Article III, H.B. No. 1,
48-11 Acts of the 76th Legislature, Regular Session, 1999, to the Texas
48-12 Education Agency to reflect the provisions of this Act.
48-13 (j) Strategy A.2.2.: Public Education, as provided in the
48-14 appropriations in Article III, H.B. No. 1, Acts of the 76th
48-15 Legislature, Regular Session, 1999, to the Texas Education Agency,
48-16 is repealed.
48-17 SECTION 1.44. In addition to other amounts appropriated for
48-18 the fiscal biennium ending August 31, 2001, the sum of $60 million
48-19 is appropriated, for the fiscal year ending August 31, 2000, from
48-20 the general revenue fund to the Texas Education Agency for purposes
48-21 of the foundation school program, and the unexpended balance of
48-22 that appropriation is appropriated, for the fiscal year ending
48-23 August 31, 2001, from the general revenue fund to the Texas
48-24 Education Agency for the same purposes.
49-1 ARTICLE 2. PROGRAM IMPROVEMENTS, DISCIPLINE, AND SOCIAL
49-2 PROMOTION
49-3 SECTION 2.01. Subchapter E, Chapter 29, Education Code, is
49-4 amended by adding Sections 29.155 and 29.156 to read as follows:
49-5 Sec. 29.155. KINDERGARTEN AND PREKINDERGARTEN GRANTS.
49-6 (a) From amounts appropriated for the purposes of this section,
49-7 the commissioner may make grants to school districts and
49-8 open-enrollment charter schools to implement or expand kindergarten
49-9 and prekindergarten programs by:
49-10 (1) operating an existing half-day kindergarten or
49-11 prekindergarten program on a full-day basis; or
49-12 (2) implementing a prekindergarten program at a campus
49-13 that does not have a prekindergarten program.
49-14 (b) A school district or open-enrollment charter school may
49-15 use funds received under this section to employ teachers and other
49-16 personnel for a kindergarten or prekindergarten program and acquire
49-17 curriculum materials or equipment, including computers, for use in
49-18 kindergarten and prekindergarten programs.
49-19 (c) To be eligible for a grant under this section, a school
49-20 district or open-enrollment charter school must apply to the
49-21 commissioner in the manner and within the time prescribed by the
49-22 commissioner.
49-23 (d) In awarding grants under this section, the commissioner
49-24 shall give priority to districts and open-enrollment charter
49-25 schools in which the level of performance of students on the
49-26 assessment instruments administered under Section 39.023 to
50-1 students in grade three is substantially below the average level of
50-2 performance on those assessment instruments for all school
50-3 districts in the state.
50-4 (e) The commissioner may adopt rules to administer this
50-5 section.
50-6 (f) Notwithstanding Section 7.056(e)(3)(I), the commissioner
50-7 may waive a requirement prescribed by this subchapter to the extent
50-8 necessary to implement a grant awarded under this section or
50-9 Section 29.156.
50-10 Sec. 29.156. GRANTS FOR EDUCATIONAL COMPONENT OF HEAD START.
50-11 (a) From funds appropriated for the purpose, the commissioner
50-12 shall make grants for use in providing an educational component to
50-13 federal Head Start programs or similar government-funded early
50-14 childhood care and education programs.
50-15 (b) The commissioner shall adopt rules for implementation of
50-16 this section, including rules prescribing eligibility criteria for
50-17 receipt of a grant and for expenditure of grant funds.
50-18 SECTION 2.02. Subchapter C, Chapter 29, Education Code, is
50-19 amended by adding Section 29.086 to read as follows:
50-20 Sec. 29.086. BASIC SKILLS PROGRAMS FOR HIGH SCHOOL STUDENTS.
50-21 (a) A school district may apply to the commissioner for funding of
50-22 special programs for students in grade nine who are at risk of not
50-23 earning sufficient credit or who have not earned sufficient credit
50-24 to advance to grade 10 and who fail to meet minimum skills levels
50-25 established by the commissioner. A school district may, with the
50-26 consent of a student's parent or guardian, assign a student to a
51-1 program under this section. A program under this section may not
51-2 exceed 210 instructional days.
51-3 (b) A program under this section must emphasize basic skills
51-4 in areas of the required curriculum under Section 28.002 and must
51-5 offer students the opportunity to increase credits required for
51-6 high school graduation under state or school district policy. A
51-7 program under this section may be provided by a school district or
51-8 an entity contracting with a school district to provide the
51-9 program.
51-10 (c) The commissioner shall award funds to districts in
51-11 accordance with a competitive grant process developed by the
51-12 commissioner. A grant may be made to a consortium of school
51-13 districts. The criteria by which the commissioner awards a grant
51-14 must include the quality of the proposed program and the school
51-15 district's demonstrated need for the program. An approved program
51-16 must include criteria that permit measurement of student progress,
51-17 and the district shall:
51-18 (1) annually evaluate the progress of students in the
51-19 program; and
51-20 (2) submit the results of the evaluation to the
51-21 commissioner at the end of the school year.
51-22 (d) The commissioner shall establish minimum levels of
51-23 student enrollment and standards of student progress required for
51-24 continued funding of a program under this section. The
51-25 commissioner may eliminate funding for a program in a subsequent
51-26 school year if the program fails to achieve sufficient levels of
52-1 student progress.
52-2 (e) The amount of a grant under this section must take into
52-3 account funds distributed to the school district under Chapter 42.
52-4 (f) The commissioner may adopt rules for the administration
52-5 of programs under this section.
52-6 SECTION 2.03. Section 5.001, Education Code, is amended by
52-7 adding Subdivision (8) to read as follows:
52-8 (8) "Residential facility" means:
52-9 (A) a facility operated by a state agency or
52-10 political subdivision, including a child placement agency, that
52-11 provides 24-hour custody or care of a person 22 years of age or
52-12 younger, if the person resides in the facility for detention,
52-13 treatment, foster care, or any noneducational purpose; and
52-14 (B) any person or entity that contracts with or
52-15 is funded, licensed, certified, or regulated by a state agency or
52-16 political subdivision to provide custody or care for a person under
52-17 Paragraph (A).
52-18 SECTION 2.04. Subsection (b), Section 12.104, Education
52-19 Code, is amended to read as follows:
52-20 (b) An open-enrollment charter school is subject to:
52-21 (1) a provision of this title establishing a criminal
52-22 offense; and
52-23 (2) a prohibition, restriction, or requirement, as
52-24 applicable, imposed by this title or a rule adopted under this
52-25 title, relating to:
52-26 (A) the Public Education Information Management
53-1 System (PEIMS) to the extent necessary to monitor compliance with
53-2 this subchapter as determined by the commissioner;
53-3 (B) criminal history records under Subchapter C,
53-4 Chapter 22;
53-5 (C) reading instruments and accelerated reading
53-6 instruction programs under Section 28.006;
53-7 (D) satisfactory performance on assessment
53-8 instruments and to accelerated instruction under Section 28.0211;
53-9 (E) high school graduation under Section 28.025;
53-10 (F) [(D)] special education programs under
53-11 Subchapter A, Chapter 29;
53-12 (G) [(E)] bilingual education under Subchapter
53-13 B, Chapter 29;
53-14 (H) [(F)] prekindergarten programs under
53-15 Subchapter E, Chapter 29;
53-16 (I) [(G)] extracurricular activities under
53-17 Section 33.081;
53-18 (J) [(H)] health and safety under Chapter 38;
53-19 and
53-20 (K) [(I)] public school accountability under
53-21 Subchapters B, C, D, and G, Chapter 39.
53-22 SECTION 2.05. Section 21.103, Education Code, is amended to
53-23 read as follows:
53-24 Sec. 21.103. PROBATIONARY CONTRACT: TERMINATION. (a) The
53-25 board of trustees of a school district may terminate the employment
53-26 of a teacher employed under a probationary contract at the end of
54-1 the contract period if in the board's judgment the best interests
54-2 of the district will be served by terminating the employment. The
54-3 board of trustees must give notice of its decision [intention] to
54-4 terminate the employment to the teacher not later than the 45th day
54-5 before the last day of instruction required under the contract.
54-6 The board's decision is final and may not be appealed.
54-7 (b) If the board of trustees fails to give the notice of its
54-8 decision [intention] to terminate the teacher's employment within
54-9 the time prescribed by Subsection (a), the board must employ the
54-10 probationary teacher in the same capacity under:
54-11 (1) a probationary contract for the following school
54-12 year, if the teacher has been employed by the district under a
54-13 probationary contract for less than three consecutive school years;
54-14 or
54-15 (2) a continuing or term contract, according to
54-16 district policy, if the teacher has been employed by the district
54-17 under a probationary contract for three consecutive school years.
54-18 SECTION 2.06. Subsection (a), Section 21.451, Education
54-19 Code, is amended to read as follows:
54-20 (a) The staff development provided by a school district must
54-21 be conducted in accordance with minimum standards developed by the
54-22 commissioner for program planning, preparation, and improvement.
54-23 The staff development:
54-24 (1) must include training in technology, [training and
54-25 training in] conflict resolution, and discipline strategies,
54-26 including classroom management, district discipline policies, and
55-1 the student code of conduct adopted under Section 37.001 and
55-2 Chapter 37; and
55-3 (2) may include instruction as to what is permissible
55-4 under law, including opinions of the United States Supreme Court,
55-5 in regard to prayers in public school.
55-6 SECTION 2.07. (a) Chapter 21, Education Code, is amended by
55-7 adding Subchapter K to read as follows:
55-8 SUBCHAPTER K. TEXAS TROOPS TO TEACHERS PROGRAM
55-9 Sec. 21.501. DEFINITION. In this subchapter, "program"
55-10 means the Texas Troops to Teachers Program.
55-11 Sec. 21.502. ESTABLISHMENT OF PROGRAM. The agency shall
55-12 establish a program to:
55-13 (1) assist persons who have served in the armed forces
55-14 of the United States and are separated from active duty to obtain
55-15 certification as an elementary or secondary school teacher in this
55-16 state; and
55-17 (2) facilitate the employment of those persons by
55-18 school districts that have a shortage of teachers.
55-19 Sec. 21.503. ELIGIBILITY. A person is eligible for the
55-20 program if the person:
55-21 (1) has served in the armed forces of the United
55-22 States;
55-23 (2) is honorably discharged, retired, or released from
55-24 active duty on or after October 1, 1990, after at least six years
55-25 of continuous active duty service immediately before the
55-26 discharge, retirement, or release;
56-1 (3) has received a baccalaureate or advanced degree
56-2 from a public or private institution of higher education accredited
56-3 by a regional accrediting agency or group that is recognized by a
56-4 nationally recognized accreditation board; and
56-5 (4) satisfies any other criteria for selection jointly
56-6 prescribed by the agency and the State Board for Educator
56-7 Certification.
56-8 Sec. 21.504. INFORMATION AND APPLICATIONS. (a) The agency
56-9 shall develop an application for the program.
56-10 (b) The agency and the State Board for Educator
56-11 Certification shall distribute the applications and information
56-12 regarding the program.
56-13 Sec. 21.505. SELECTION OF PARTICIPANTS. (a) The agency
56-14 shall select persons to participate in the program on the basis of
56-15 applications submitted to the agency.
56-16 (b) Each application must be submitted:
56-17 (1) in the form and contain the information the agency
56-18 requires; and
56-19 (2) in a timely manner.
56-20 (c) An application is considered to be submitted in a timely
56-21 manner for purposes of Subsection (b)(2) if the application is
56-22 submitted:
56-23 (1) not later than October 5, 1999, in the case of an
56-24 applicant discharged, retired, or released from active duty before
56-25 January 19, 1999; or
56-26 (2) except as provided by Subdivision (1), not later
57-1 than the first anniversary of the date of the applicant's
57-2 discharge, retirement, or release from active duty.
57-3 Sec. 21.506. LIMITATION ON IMPLEMENTATION. The agency may
57-4 not select a person to participate in the program unless the agency
57-5 has sufficient state appropriations to pay the stipend provided by
57-6 Section 21.509 at the time of the selection.
57-7 Sec. 21.507. PREFERENCES. (a) In selecting persons to
57-8 participate in the program, the agency shall give preference to a
57-9 person who:
57-10 (1) has significant educational or military experience
57-11 in science, mathematics, or engineering and agrees to seek
57-12 employment as a teacher in one of those subjects in a public
57-13 elementary or secondary school in this state; or
57-14 (2) has significant educational or military experience
57-15 in a field other than science, mathematics, or engineering
57-16 identified by the agency as a field important for state educational
57-17 objectives and agrees to seek employment as a teacher in a subject
57-18 related to that field in a public elementary or secondary school in
57-19 this state.
57-20 (b) The commissioner shall determine the level of experience
57-21 considered significant for purposes of this section.
57-22 Sec. 21.508. AGREEMENT. A person selected to participate in
57-23 the program must enter into a written agreement with the agency
57-24 under which the person agrees to:
57-25 (1) obtain, within the period the agency by rule
57-26 requires, certification as an elementary or secondary school
58-1 teacher in this state; and
58-2 (2) accept, during the first school year that begins
58-3 after the date the person becomes certified, an offer of full-time
58-4 employment as an elementary or secondary school teacher with a
58-5 school district in this state.
58-6 Sec. 21.509. STIPEND. The agency shall pay to each
58-7 participant in the program a stipend of $5,000.
58-8 Sec. 21.510. REIMBURSEMENT. (a) A participant in the
58-9 program who fails to obtain certification or employment as required
58-10 in the agreement under Section 21.508 or who voluntarily leaves or
58-11 is terminated for cause from the employment after teaching in a
58-12 public elementary or secondary school in this state for less than
58-13 five school years shall reimburse the agency for the portion of the
58-14 stipend that bears the same ratio to the amount of the stipend as
58-15 the unserved portion of required service bears to the five years of
58-16 required service.
58-17 (b) The obligation to reimburse the agency under this
58-18 section is, for all purposes, a debt to the state. A discharge in
58-19 bankruptcy under Title 11, United States Code, does not release a
58-20 participant from the obligation to reimburse the agency. The
58-21 amount owed bears interest at the rate equal to the highest rate
58-22 being paid by the United States on the day the reimbursement is
58-23 determined to be due for securities that have maturities of 90 days
58-24 or less, and the interest accrues from the day the participant
58-25 receives notice of the amount due.
58-26 (c) For purposes of this section, a participant in the
59-1 program is not considered to be in violation of an agreement under
59-2 Section 21.508 during any period in which the participant:
59-3 (1) is pursuing a full-time course of study related to
59-4 the field of teaching at a public or private institution of higher
59-5 education approved by the State Board for Educator Certification;
59-6 (2) is serving on active duty as a member of the armed
59-7 forces of the United States;
59-8 (3) is temporarily totally disabled for a period not
59-9 to exceed three years as established by sworn affidavit of a
59-10 qualified physician;
59-11 (4) is unable to secure employment for a period not to
59-12 exceed one year because of care required by a disabled spouse;
59-13 (5) is seeking and unable to find full-time employment
59-14 as a teacher in a public elementary or secondary school for a
59-15 single period not to exceed 27 months; or
59-16 (6) satisfies the provisions of any additional
59-17 reimbursement exception adopted by the agency.
59-18 (d) A participant is excused from reimbursement under
59-19 Subsection (a) if:
59-20 (1) the participant becomes permanently totally
59-21 disabled as established by sworn affidavit of a qualified
59-22 physician; or
59-23 (2) the agency waives reimbursement in the case of
59-24 extreme hardship to the participant.
59-25 Sec. 21.511. The commissioner shall adopt rules to implement
59-26 this subchapter.
60-1 (b) If the commissioner of education determines that federal
60-2 funds are available for a federal program with the general purposes
60-3 of Subchapter K, Chapter 21, Education Code, as added by Subsection
60-4 (a) of this section, such as for a program under 10 U.S.C. Section
60-5 1151, the commissioner shall discontinue the Texas Troops to
60-6 Teachers Program and shall file notice of that discontinuation with
60-7 the secretary of state to be published in the Texas Register.
60-8 (c) The commissioner of education may utilize discretionary
60-9 funds or nonutilized balances to pay stipends for a program with
60-10 the general purposes of Subchapter K, Chapter 21, Education Code,
60-11 as added by Subsection (a) of this section, if federal funds, such
60-12 as the funds provided for a program under 10 U.S.C. Section 1151,
60-13 are not available or cease to be authorized.
60-14 SECTION 2.08. Subsection (b), Section 25.001, Education
60-15 Code, is amended to read as follows:
60-16 (b) The board of trustees of a school district or its
60-17 designee shall admit into the public schools of the district free
60-18 of tuition a person who is over five and younger than 21 years of
60-19 age on the first day of September of the school year in which
60-20 admission is sought if:
60-21 (1) the person and either parent of the person reside
60-22 in the school district;
60-23 (2) the person does not reside in the school district
60-24 but a parent of the person resides in the school district and that
60-25 parent is a joint managing conservator or the sole managing
60-26 conservator or possessory conservator of the person;
61-1 (3) the person and the person's guardian or other
61-2 person having lawful control of the person under a court order
61-3 reside within the school district;
61-4 (4) the person has established a separate residence
61-5 under Subsection (d);
61-6 (5) the person is homeless, as defined by 42 U.S.C.
61-7 Section 11302, regardless of the residence of the person, of either
61-8 parent of the person, or of the person's guardian or other person
61-9 having lawful control of the person;
61-10 (6) the person is a foreign exchange student placed
61-11 with a host family that resides in the school district by a
61-12 nationally recognized foreign exchange program, unless the school
61-13 district has applied for and been granted a waiver by the
61-14 commissioner under Subsection (e);
61-15 (7) the person resides at a residential facility
61-16 located in the district; or
61-17 (8) [(7)] the person resides in the school district
61-18 and is 18 years of age or older or the person's disabilities of
61-19 minority have been removed.
61-20 SECTION 2.09. Subsection (a), Section 25.003, Education
61-21 Code, is amended to read as follows:
61-22 (a) Notwithstanding any other provision of this code, a
61-23 school district shall charge tuition for a child who resides at a
61-24 residential facility [child-care institution] and whose maintenance
61-25 expenses are paid in whole or in part by another state or the
61-26 United States [may not be admitted to a public school unless the
62-1 child-care institution pays tuition for the child equal to the
62-2 actual cost of educating a child enrolled in a similar educational
62-3 program in the district].
62-4 SECTION 2.10. Subsection (d), Section 25.085, Education
62-5 Code, is amended to read as follows:
62-6 (d) Unless specifically exempted by Section 25.086, a
62-7 student enrolled in a school district must attend:
62-8 (1) an extended-year program for which the student is
62-9 eligible that is provided by the district for students identified
62-10 as likely not to be promoted to the next grade level or tutorial
62-11 classes required by the district under Section 29.084;
62-12 (2) an accelerated reading instruction program to
62-13 which the student is assigned under Section 28.006(g);
62-14 (3) an accelerated instruction program to which the
62-15 student is assigned under Section 28.0211; or
62-16 (4) a basic skills program to which the student is
62-17 assigned under Section 29.086.
62-18 SECTION 2.11. Section 28.006, Education Code, is amended by
62-19 amending Subsection (d) and adding Subsections (g) through (m) to
62-20 read as follows:
62-21 (d) The superintendent of each school district shall:
62-22 (1) report to the commissioner and the board of
62-23 trustees of the district the results of the reading instruments;
62-24 and
62-25 (2) report, in writing, to a student's parent or
62-26 guardian the student's results on the reading instrument.
63-1 (g) A school district shall notify the parent or guardian of
63-2 each student in kindergarten or first or second grade who is
63-3 determined, on the basis of reading instrument results, to be at
63-4 risk for dyslexia or other reading difficulties. The district
63-5 shall implement an accelerated reading instruction program that
63-6 provides reading instruction that addresses reading deficiencies to
63-7 those students and shall determine the form, content, and timing of
63-8 that program. The admission, review, and dismissal committee of a
63-9 student who participates in a district's special education program
63-10 under Subchapter B, Chapter 29, and who does not perform
63-11 satisfactorily on a reading instrument under this section shall
63-12 determine the manner in which the student will participate in an
63-13 accelerated reading instruction program under this subsection.
63-14 (h) The school district shall make a good faith effort to
63-15 ensure that the notice required under this section is provided
63-16 either in person or by regular mail and that the notice is clear
63-17 and easy to understand and is written in English and in the parent
63-18 or guardian's native language.
63-19 (i) The commissioner shall certify, not later than July 1 of
63-20 each school year or as soon as practicable thereafter, whether
63-21 sufficient funds have been appropriated statewide for the purposes
63-22 of this section. A determination by the commissioner is final and
63-23 may not be appealed. For purposes of certification, the
63-24 commissioner may not consider Foundation School Program funds.
63-25 (j) No more than 15 percent of the funds certified by the
63-26 commissioner under Subsection (i) may be spent on indirect costs.
64-1 The commissioner shall evaluate the programs that fail to meet the
64-2 standard of performance under Section 39.051(b)(7) and may
64-3 implement sanctions under Subchapter G, Chapter 39. The
64-4 commissioner may audit the expenditures of funds appropriated for
64-5 purposes of this section. The use of the funds appropriated for
64-6 purposes of this section shall be verified as part of the district
64-7 audit under Section 44.008.
64-8 (k) The provisions of this section relating to parental
64-9 notification of a student's results on the reading instrument and
64-10 to implementation of an accelerated reading instruction program may
64-11 be implemented only if the commissioner certifies that funds have
64-12 been appropriated during a school year for administering the
64-13 accelerated reading instruction program specified under this
64-14 section.
64-15 (l) Each district shall provide the accelerated reading
64-16 instruction under Subsection (g) to students in:
64-17 (1) kindergarten during the 1999-2000 school year;
64-18 (2) kindergarten and first grade during the 2000-2001
64-19 school year; and
64-20 (3) kindergarten and first and second grades beginning
64-21 with the 2001-2002 school year.
64-22 (m) Subsection (l) and this subsection expire January 1,
64-23 2002.
64-24 SECTION 2.12. Subchapter B, Chapter 28, Education Code, is
64-25 amended by adding Section 28.0211 to read as follows:
64-26 Sec. 28.0211. SATISFACTORY PERFORMANCE ON ASSESSMENT
65-1 INSTRUMENTS REQUIRED; ACCELERATED INSTRUCTION. (a) Except as
65-2 provided by Subsection (b) or (e), a student may not be promoted
65-3 to:
65-4 (1) the fourth grade program to which the student
65-5 would otherwise be assigned if the student does not perform
65-6 satisfactorily on the third grade reading assessment instrument
65-7 under Section 39.023;
65-8 (2) the sixth grade program to which the student would
65-9 otherwise be assigned if the student does not perform
65-10 satisfactorily on the fifth grade mathematics and reading
65-11 assessment instruments under Section 39.023; or
65-12 (3) the ninth grade program to which the student would
65-13 otherwise be assigned if the student does not perform
65-14 satisfactorily on the eighth grade mathematics and reading
65-15 assessment instruments under Section 39.023.
65-16 (b) A school district shall provide to a student who
65-17 initially fails to perform satisfactorily on an assessment
65-18 instrument specified under Subsection (a) at least two additional
65-19 opportunities to take the assessment instrument. A school district
65-20 may administer an alternate assessment instrument to a student who
65-21 has failed an assessment instrument specified under Subsection (a)
65-22 on the previous two opportunities. Notwithstanding any other
65-23 provision of this section, a student may be promoted if the student
65-24 performs at grade level on an alternate assessment instrument under
65-25 this subsection that is appropriate for the student's grade level
65-26 and approved by the commissioner.
66-1 (c) Each time a student fails to perform satisfactorily on
66-2 an assessment instrument specified under Subsection (a), the school
66-3 district in which the student attends school shall provide to the
66-4 student accelerated instruction in the applicable subject area,
66-5 including reading instruction for a student who fails to perform
66-6 satisfactorily on a reading assessment instrument. After a student
66-7 fails to perform satisfactorily on an assessment instrument a
66-8 second time, a grade placement committee shall be established to
66-9 prescribe the accelerated instruction the district shall provide to
66-10 the student before the student is administered the assessment
66-11 instrument the third time. The grade placement committee shall be
66-12 composed of the principal or the principal's designee, the
66-13 student's parent or guardian, and the teacher of the subject of an
66-14 assessment instrument on which the student failed to perform
66-15 satisfactorily. The district shall notify the parent or guardian
66-16 of the time and place for convening the grade placement committee
66-17 and the purpose of the committee. An accelerated instruction group
66-18 administered by a school district under this section may not have a
66-19 ratio of more than 10 students for each teacher.
66-20 (d) In addition to providing accelerated instruction to a
66-21 student under Subsection (c), the district shall notify the
66-22 student's parent or guardian of:
66-23 (1) the student's failure to perform satisfactorily on
66-24 the assessment instrument;
66-25 (2) the accelerated instruction program to which the
66-26 student is assigned; and
67-1 (3) the possibility that the student might be retained
67-2 at the same grade level for the next school year.
67-3 (e) A student who, after at least three attempts, fails to
67-4 perform satisfactorily on an assessment instrument specified under
67-5 Subsection (a) shall be retained at the same grade level for the
67-6 next school year in accordance with Subsection (a). The student's
67-7 parent or guardian may appeal the student's retention by submitting
67-8 a request to the grade placement committee established under
67-9 Subsection (c). The school district shall give the parent or
67-10 guardian written notice of the opportunity to appeal. The grade
67-11 placement committee may decide in favor of a student's promotion
67-12 only if the committee concludes, using standards adopted by the
67-13 board of trustees, that if promoted and given accelerated
67-14 instruction, the student is likely to perform at grade level. A
67-15 student may not be promoted on the basis of the grade placement
67-16 committee's decision unless that decision is unanimous. The
67-17 commissioner by rule shall establish a time line for making the
67-18 placement determination. This subsection does not create a
67-19 property interest in promotion. The decision of the grade
67-20 placement committee is final and may not be appealed.
67-21 (f) A school district shall provide to a student who, after
67-22 three attempts, has failed to perform satisfactorily on an
67-23 assessment instrument specified under Subsection (a) accelerated
67-24 instruction during the next school year as prescribed by an
67-25 educational plan developed for the student by the student's grade
67-26 placement committee established under Subsection (c). The district
68-1 shall provide that accelerated instruction regardless of whether
68-2 the student has been promoted or retained. The educational plan
68-3 must be designed to enable the student to perform at the
68-4 appropriate grade level by the conclusion of the school year.
68-5 During the school year, the student shall be monitored to ensure
68-6 that the student is progressing in accordance with the plan. The
68-7 district shall administer to the student the assessment instrument
68-8 for the grade level in which the student is placed at the time the
68-9 district regularly administers the assessment instruments for that
68-10 school year.
68-11 (g) This section does not preclude the retention at a grade
68-12 level, in accordance with state law or school district policy, of a
68-13 student who performs satisfactorily on an assessment instrument
68-14 specified under Subsection (a).
68-15 (h) In each instance under this section in which a school
68-16 district is specifically required to provide notice to a parent or
68-17 guardian of a student, the district shall make a good faith effort
68-18 to ensure that such notice is provided either in person or by
68-19 regular mail and that the notice is clear and easy to understand
68-20 and is written in English or the parent or guardian's native
68-21 language.
68-22 (i) The admission, review, and dismissal committee of a
68-23 student who participates in a district's special education program
68-24 under Subchapter B, Chapter 29, and who does not perform
68-25 satisfactorily on an assessment instrument specified under
68-26 Subsection (a) and administered under Section 39.023(a) or (b)
69-1 shall determine:
69-2 (1) the manner in which the student will participate
69-3 in an accelerated instruction program under this section; and
69-4 (2) whether the student will be promoted or retained
69-5 under this section.
69-6 (j) A school district or open-enrollment charter school
69-7 shall provide students required to attend accelerated programs
69-8 under this section with transportation to those programs if the
69-9 programs occur outside of regular school hours.
69-10 (k) The commissioner shall adopt rules as necessary to
69-11 implement this section, including rules concerning when school
69-12 districts shall administer assessment instruments required under
69-13 this section and which administration of the assessment instruments
69-14 will be used for purposes of Section 39.051.
69-15 (l) The commissioner shall issue a report to the legislature
69-16 not later than December 1, 2000, that reviews the enrollment of
69-17 students in accelerated instruction and the quality and
69-18 availability of accelerated instruction programs, including
69-19 accelerated instruction-related teacher professional development
69-20 programs.
69-21 (m) The commissioner shall certify, not later than July 1 of
69-22 each school year or as soon as practicable thereafter, whether
69-23 sufficient funds have been appropriated statewide for the purposes
69-24 of this section. A determination by the commissioner is final and
69-25 may not be appealed. For purposes of certification, the
69-26 commissioner may not consider Foundation School Program funds.
70-1 This section may be implemented only if the commissioner certifies
70-2 that sufficient funds have been appropriated during a school year
70-3 for administering the accelerated instruction programs specified
70-4 under this section.
70-5 (n) This section applies to the assessment instrument
70-6 administered to students in:
70-7 (1) the third grade beginning with the 2002-2003
70-8 school year;
70-9 (2) the fifth grade beginning with the 2004-2005
70-10 school year; and
70-11 (3) the eighth grade beginning with the 2007-2008
70-12 school year.
70-13 (o) Subsection (n) and this subsection expire January 1,
70-14 2008.
70-15 SECTION 2.13. Section 29.012, Education Code, is amended to
70-16 read as follows:
70-17 Sec. 29.012. RESIDENTIAL [INTERMEDIATE CARE] FACILITIES.
70-18 (a) Except as provided by Subsection (b)(2), not later than the
70-19 third day after the date a person 22 years of age or younger is
70-20 placed in a residential facility, the residential facility shall:
70-21 (1) if the person is three years of age or older,
70-22 notify the school district in which the facility is located, unless
70-23 the facility is an open-enrollment charter school; or
70-24 (2) if the person is younger than three years of age,
70-25 notify a local early intervention program in the area in which the
70-26 facility is located.
71-1 (b) An agency or political subdivision that funds, licenses,
71-2 certifies, contracts with, or regulates a residential facility
71-3 must:
71-4 (1) require the facility to comply with Subsection (a)
71-5 as a condition of the funding, licensing, certification, or
71-6 contracting; or
71-7 (2) if the agency or political subdivision places a
71-8 person in a residential facility, provide the notice under
71-9 Subsection (a) for that person.
71-10 (c) For purposes of enrollment in a school, a person who
71-11 resides in a residential facility is considered a resident of the
71-12 school district or geographical area served by the open-enrollment
71-13 charter school in which the facility is located.
71-14 (d) The Texas Education Agency, [and] the Texas Department
71-15 of Mental Health and Mental Retardation, the Texas Department of
71-16 Human Services, the Texas Department of Health, the Department of
71-17 Protective and Regulatory Services, the Interagency Council on
71-18 Early Childhood Intervention, the Texas Commission on Alcohol and
71-19 Drug Abuse, the Texas Juvenile Probation Commission, and the Texas
71-20 Youth Commission by a cooperative effort shall develop and by rule
71-21 adopt a memorandum of understanding. The memorandum must:
71-22 (1) establish [that establishes] the respective
71-23 responsibilities of school districts and of residential
71-24 [intermediate care] facilities for [mentally retarded persons for]
71-25 the provision of a free, appropriate public education, as required
71-26 by the Individuals with Disabilities Education Act (20 U.S.C.
72-1 Section 1400 et seq.) and its subsequent amendments, including each
72-2 requirement of 20 U.S.C. Section 1412(a)(12), [classrooms and
72-3 educationally related therapy] for children with disabilities
72-4 [students] who reside in those facilities;
72-5 (2) coordinate regulatory and planning functions of
72-6 the parties to the memorandum;
72-7 (3) establish criteria for determining when a public
72-8 school can provide educational services and when a residential
72-9 facility must provide the services;
72-10 (4) provide for appropriate educational space when a
72-11 residential facility must provide educational services;
72-12 (5) establish measures designed to ensure the safety
72-13 of students and teachers; and
72-14 (6) provide for binding arbitration consistent with
72-15 Chapter 2009, Government Code, and Section 154.027, Civil Practice
72-16 and Remedies Code.
72-17 [(b) The division of responsibilities under the memorandum
72-18 of understanding must be consistent with federal law relating to
72-19 the state medical assistance program.]
72-20 SECTION 2.14. (a) Subchapter D, Chapter 33, Education Code,
72-21 is amended by adding Section 33.086 to read as follows:
72-22 Sec. 33.086. CERTIFICATION IN CARDIOPULMONARY RESUSCITATION
72-23 AND FIRST AID. (a) A school district employee who serves as the
72-24 head coach or chief sponsor for an extracurricular athletic
72-25 activity, including cheerleading, sponsored or sanctioned by a
72-26 school district or the University Interscholastic League must
73-1 maintain and submit to the district proof of current certification
73-2 in first aid and cardiopulmonary resuscitation issued by the
73-3 American Red Cross, the American Heart Association, or another
73-4 organization that provides equivalent training and certification.
73-5 (b) Each school district shall adopt procedures necessary
73-6 for administering this section, including procedures for the time
73-7 and manner in which proof of current certification must be
73-8 submitted.
73-9 (b) Section 33.086, Education Code, as added by Subsection
73-10 (a) of this section, applies beginning January 1, 2000.
73-11 SECTION 2.15. Section 37.006, Education Code, is amended by
73-12 amending Subsection (f) and adding Subsection (l) to read as
73-13 follows:
73-14 (f) Subject to Section 37.007(e), a student who is younger
73-15 than 10 years of age shall be removed from class and placed in an
73-16 alternative education program under Section 37.008 if the student
73-17 engages in conduct described by Section 37.007. An elementary
73-18 school student may not be placed in an alternative education
73-19 program with any other student who is not an elementary school
73-20 student.
73-21 (l) Notwithstanding any other provision of this code, a
73-22 student who is younger than six years of age may not be removed
73-23 from class and placed in an alternative education program.
73-24 SECTION 2.16. Subsection (m), Section 37.008, Education
73-25 Code, is amended to read as follows:
73-26 (m) The commissioner shall adopt rules necessary to evaluate
74-1 annually the performance of each district's alternative education
74-2 program established under this subchapter. The evaluation required
74-3 by this section shall be based on indicators defined by the
74-4 commissioner, but must include student performance on assessment
74-5 instruments required under Sections 39.023(a) and (c) [administer
74-6 the provisions of Chapter 39 for alternative education programs].
74-7 Academically, the mission of alternative education programs shall
74-8 be to enable students to perform at grade level. [Annually, the
74-9 commissioner shall define for alternative education programs
74-10 acceptable performance and performance indicating a need for peer
74-11 review, based principally on standards defined by the commissioner
74-12 that measure academic progress of students toward grade level while
74-13 attending an alternative education program.]
74-14 SECTION 2.17. Subsection (h), Section 37.011, Education
74-15 Code, is amended to read as follows:
74-16 (h) Academically, the mission of juvenile justice
74-17 alternative education programs shall be to enable students to
74-18 perform at grade level. For purposes of accountability under
74-19 Chapter 39, a student enrolled in a juvenile justice alternative
74-20 education program is reported as if the student were enrolled at
74-21 the student's assigned campus in the student's regularly assigned
74-22 education program, including a special education program. Annually
74-23 the Texas Juvenile Probation Commission, with the agreement of the
74-24 commissioner, shall develop and implement a system of
74-25 accountability consistent with Chapter 39, where appropriate, to
74-26 assure that students make progress toward grade level while
75-1 attending a juvenile justice alternative education program. The
75-2 Texas Juvenile Probation Commission shall adopt rules for the
75-3 distribution of funds appropriated under this section to juvenile
75-4 boards in counties required to establish juvenile justice
75-5 alternative education programs. Except as determined by the
75-6 commissioner, a [A] student served by a juvenile justice
75-7 alternative education program on the basis of an expulsion under
75-8 Section 37.007(a), (d), or (e) is not eligible for Foundation
75-9 School Program funding under Chapter 42 or 31 if the juvenile
75-10 justice alternative education program receives funding from the
75-11 Texas Juvenile Probation Commission under this subchapter.
75-12 SECTION 2.18. Subchapter B, Chapter 39, Education Code, is
75-13 amended by adding Section 39.0231 to read as follows:
75-14 Sec. 39.0231. REPORTING OF RESULTS OF CERTAIN ASSESSMENTS.
75-15 The agency shall ensure that each assessment instrument
75-16 administered in accordance with Section 28.0211 is scored and that
75-17 the results are returned to the appropriate school district not
75-18 later than 10 days after receipt of the test materials by the
75-19 agency or its test contractor.
75-20 SECTION 2.19. Subsection (b), Section 39.024, Education
75-21 Code, is amended to read as follows:
75-22 (b) Each school district shall offer an intensive program of
75-23 instruction for students who did not perform satisfactorily on an
75-24 assessment instrument administered under this subchapter. The
75-25 intensive programs for students who did not perform satisfactorily
75-26 on an assessment instrument under Section 39.023(a) or (c) shall be
76-1 designed to enable the students to be performing at grade level at
76-2 the conclusion of the next regular school term and, if applicable,
76-3 to carry out the purposes of Section 28.0211. The intensive
76-4 programs for students who did not perform satisfactorily on an
76-5 assessment instrument under Section 39.023(b) shall be designed by
76-6 each student's admission, review, and dismissal committee to enable
76-7 the student to attain a standard of annual growth on the basis of
76-8 the student's individualized education program and, if applicable,
76-9 to carry out the purposes of Section 28.0211.
76-10 SECTION 2.20. Subsections (b) and (d), Section 39.051,
76-11 Education Code, are amended to read as follows:
76-12 (b) Performance on the indicators adopted under this section
76-13 shall be compared to state-established standards. The degree of
76-14 change from one school year to the next in performance on each
76-15 indicator adopted under this section shall also be considered. The
76-16 indicators must be based on information that is disaggregated with
76-17 respect to race, ethnicity, sex, and socioeconomic status and must
76-18 include:
76-19 (1) the results of assessment instruments required
76-20 under Sections 39.023(a) and (c), aggregated by grade level and
76-21 subject area;
76-22 (2) dropout rates;
76-23 (3) student attendance rates;
76-24 (4) the percentage of graduating students who attain
76-25 scores on the secondary exit-level assessment instruments required
76-26 under Subchapter B that are equivalent to a passing score on the
77-1 test instrument required under Section 51.306;
77-2 (5) the percentage of graduating students who meet the
77-3 course requirements established for the recommended high school
77-4 program by State Board of Education rule;
77-5 (6) the results of the Scholastic Assessment Test
77-6 (SAT) and the American College Test;
77-7 (7) the number of students, aggregated by grade level,
77-8 provided accelerated instruction under Section 28.0211(c), the
77-9 results of assessments administered under that section, the number
77-10 of students promoted through the grade placement committee process
77-11 under Section 28.0211, the subject of the assessment instrument on
77-12 which each student failed to perform satisfactorily, and the
77-13 performance of those students in the school year following that
77-14 promotion on the assessment instruments required under Section
77-15 39.023;
77-16 (8) the percentage of students taking end-of-course
77-17 assessment instruments adopted under Section 39.023(d);
77-18 (9) [(8)] the percentage of students exempted, by
77-19 exemption category, from the assessment program generally
77-20 applicable under this subchapter; and
77-21 (10) [(9)] any other indicator the State Board of
77-22 Education adopts.
77-23 (d) Annually, the commissioner shall define exemplary,
77-24 recognized, and unacceptable performance for each academic
77-25 excellence indicator included under Subsections (b)(1) through (6)
77-26 and shall project the standards for each of those levels of
78-1 performance for succeeding years. For the indicator under
78-2 Subsection (b)(7), the commissioner shall define exemplary,
78-3 recognized, and unacceptable performance based on student
78-4 performance for the period covering both the current and preceding
78-5 academic years.
78-6 SECTION 2.21. Subsection (b), Section 39.052, Education
78-7 Code, is amended to read as follows:
78-8 (b) The report card shall include the following information
78-9 where applicable:
78-10 (1) the academic excellence indicators adopted under
78-11 Sections 39.051(b)(1) through (9) [(8)];
78-12 (2) student/teacher ratios; and
78-13 (3) administrative and instructional costs per
78-14 student.
78-15 SECTION 2.22. Subsections (b) and (c), Section 39.072,
78-16 Education Code, are amended to read as follows:
78-17 (b) The academic excellence indicators adopted under
78-18 Sections 39.051(b)(1) through (7) [(6)] shall be the main
78-19 consideration of the agency in the rating of the district under
78-20 this section. Additional criteria in the rules may include
78-21 consideration of:
78-22 (1) compliance with statutory requirements and
78-23 requirements imposed by rule of the State Board of Education under
78-24 specific statutory authority that relate to:
78-25 (A) reporting data through the Public Education
78-26 Information Management System (PEIMS);
79-1 (B) the high school graduation requirements
79-2 under Section 28.025; or
79-3 (C) an item listed in Sections
79-4 7.056(e)(3)(C)-(I) that applies to the district; and
79-5 (2) the effectiveness of the district's programs in
79-6 special education based on the agency's most recent compliance
79-7 review of the district and programs for special populations.
79-8 (c) The agency shall evaluate against state standards and
79-9 shall report the performance of each campus in a district and each
79-10 open-enrollment charter school on the basis of the campus's
79-11 performance on the indicators adopted under Sections 39.051(b)(1)
79-12 through (7) [(6)].
79-13 SECTION 2.23. Subsection (a), Section 39.073, Education
79-14 Code, is amended to read as follows:
79-15 (a) The agency shall annually review the performance of each
79-16 district and campus on the indicators adopted under Sections
79-17 39.051(b)(1) through (7) [(6)] and determine if a change in the
79-18 accreditation status of the district is warranted.
79-19 SECTION 2.24. Subsection (e), Section 39.074, Education
79-20 Code, is amended to read as follows:
79-21 (e) If an annual review indicates low performance on one or
79-22 more of the indicators under Sections 39.051(b)(1) through (7)
79-23 [(6)] of one or more campuses in a district, the agency may conduct
79-24 an on-site evaluation of those campuses only.
79-25 SECTION 2.25. Subsection (c), Section 39.075, Education
79-26 Code, is amended to read as follows:
80-1 (c) Based on the results of a special accreditation
80-2 investigation, the commissioner may:
80-3 (1) take appropriate action under Subchapter G;
80-4 (2) lower the district's accreditation rating; or
80-5 (3) take action under both Subdivisions (1) and (2)
80-6 [and may take appropriate action under Subchapter G].
80-7 SECTION 2.26. Section 39.183, Education Code, is amended to
80-8 read as follows:
80-9 Sec. 39.183. REGIONAL AND DISTRICT LEVEL REPORT. The agency
80-10 shall prepare and deliver to the governor, the lieutenant governor,
80-11 the speaker of the house of representatives, each member of the
80-12 legislature, the Legislative Budget Board, and the clerks of the
80-13 standing committees of the senate and house of representatives with
80-14 primary jurisdiction over the public school system a regional and
80-15 district level report covering the preceding two school years and
80-16 containing:
80-17 (1) a summary of school district compliance with the
80-18 student/teacher ratios and class-size limitations prescribed by
80-19 Sections 25.111 and 25.112, including the number of districts
80-20 granted an exception from Section 25.112;
80-21 (2) a summary of the exemptions and waivers granted to
80-22 school districts under Section 7.056 or 39.112 and a review of the
80-23 effectiveness of each campus or district following deregulation;
80-24 [and]
80-25 (3) an evaluation of the performance of the system of
80-26 regional education service centers based on the indicators adopted
81-1 under Section 8.101 and client satisfaction with services provided
81-2 under Subchapter B, Chapter 8; and
81-3 (4) an evaluation of accelerated instruction programs
81-4 offered under Section 28.006, including an assessment of the
81-5 quality of such programs and the performance of students enrolled
81-6 in such programs.
81-7 ARTICLE 3. REPEALER; EFFECTIVE DATE; EMERGENCY
81-8 SECTION 3.01. (a) Subsection (b), Section 8.121, Subsection
81-9 (c), Section 41.002, Subsection (c), Section 42.251, and Subsection
81-10 (e), Section 42.252, Education Code, are repealed.
81-11 (b) Effective August 31, 1999, Subsection (i), Section
81-12 403.302, Government Code, is repealed.
81-13 (c) Subsection (f), Section 26.08, Tax Code, is repealed.
81-14 SECTION 3.02. Except as otherwise provided by this Act, this
81-15 Act takes effect September 1, 1999.
81-16 SECTION 3.03. The importance of this legislation and the
81-17 crowded condition of the calendars in both houses create an
81-18 emergency and an imperative public necessity that the
81-19 constitutional rule requiring bills to be read on three several
81-20 days in each house be suspended, and this rule is hereby suspended.
S.B. No. 4
________________________________ ________________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 4 passed the Senate on
April 28, 1999, by a viva-voce vote; May 24, 1999, Senate refused
to concur in House amendments and requested appointment of
Conference Committee; May 26, 1999, House granted request of the
Senate; May 30, 1999, Senate adopted Conference Committee Report by
the following vote: Yeas 30, Nays 0; passed subject to the
provisions of Article III, Section 49a, of the Constitution of
Texas.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 4 passed the House, with
amendments, on May 24, 1999, by a non-record vote; May 26, 1999,
House granted request of the Senate for appointment of Conference
Committee; May 30, 1999, House adopted Conference Committee Report
by a non-record vote; passed subject to the provisions of Article
III, Section 49a, of the Constitution of Texas.
_______________________________
Chief Clerk of the House
Approved:
________________________________ I, Carole Keeton Rylander,
Date Comptroller of Public Accounts,
do hereby certify that the
amounts appropriated in the
herein S.B. No. 4, Regular
________________________________ Session, 76th Legislature,
Governor are within the amount estimated
to be available in the affected
fund.
Certified _____________, 1999.
_______________________________
Comptroller of Public Accounts