By Harris                                              S.B. No. 293
         76R3994 CAS-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the statutory terminology used to describe certain
 1-3     disadvantaged public school students.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 5.001(4), Education Code, is amended to
 1-6     read as follows:
 1-7                 (4)  "Economically [Educationally] disadvantaged" means
 1-8     eligible to participate in the national free or reduced-price lunch
 1-9     program  established under 42 U.S.C. Section 1751 et seq.
1-10           SECTION 2.  Section 11.158(c), Education Code, is amended to
1-11     read as follows:  
1-12           (c)  Students may be required to furnish personal or
1-13     consumable items, including pencils, paper, pens, erasers,
1-14     notebooks, and school uniforms, except that students who are
1-15     economically [educationally] disadvantaged may be required  to
1-16     furnish school uniforms only as provided by Section 11.162.
1-17           SECTION 3.  Section 11.162(b), Education Code, is amended to
1-18     read as follows:
1-19           (b)  The rules the board of trustees adopts must designate a
1-20     source of funding that shall be used in providing uniforms for
1-21     students at the school who are economically [educationally]
1-22     disadvantaged.
1-23           SECTION 4.  Section 29.153(b), Education Code, is amended to
1-24     read as follows:
 2-1           (b)  A child is eligible for enrollment in a prekindergarten
 2-2     class if the child is at least three years of age and is:
 2-3                 (1)  unable to speak and comprehend the English
 2-4     language;
 2-5                 (2)  economically [educationally] disadvantaged; or
 2-6                 (3)  homeless, as defined by 42 U.S.C. Section 11302,
 2-7     regardless of the residence of the child, of either parent of the
 2-8     child, or of the child's guardian or other person having lawful
 2-9     control of the child.
2-10           SECTION 5.  Section 33.053(b), Education Code, is amended to
2-11     read as follows:
2-12           (b)  The board of trustees of a school district or the chief
2-13     administrative officer of a private school may establish a
2-14     reasonable fee to cover the costs of fingerprinting not provided by
2-15     volunteer assistance.  The fee may not exceed $3 for each child
2-16     fingerprinted.  If the school charges a fee, the school may waive
2-17     all or a portion of the costs of fingerprinting for economically
2-18     [educationally] disadvantaged children.
2-19           SECTION 6.  Section 33.054(d), Education Code, is amended to
2-20     read as follows:
2-21           (d)  A participating school may charge a fee for making and
2-22     keeping records of photographs under this section.  If the school
2-23     charges a fee, the school may waive this fee for economically
2-24     [educationally] disadvantaged children.
2-25           SECTION 7.  Section 33.903(h), Education Code, is amended to
2-26     read as follows:
2-27           (h)  A school district may supplement any funds received
 3-1     under this section with funds received through other government
 3-2     assistance programs, program tuition, or private donations.  Any
 3-3     tuition charge may reflect only the actual cost of care provided to
 3-4     the student, and the agency or other appropriate governmental
 3-5     agency approved by the commissioner may audit a program to ensure
 3-6     compliance with this subsection.  A school district shall use state
 3-7     funds awarded under this section to benefit economically
 3-8     [educationally] disadvantaged children before using those funds for
 3-9     the care of other children.
3-10           SECTION 8.  Sections 42.152(a), (b), and (p), Education Code,
3-11     are amended to read as follows:
3-12           (a)  For each student who is economically [educationally]
3-13     disadvantaged or who is a student who does not have a disability
3-14     and resides in a  residential placement facility in a district in
3-15     which the student's parent or legal guardian does not reside, a
3-16     district is entitled to an annual allotment equal to the adjusted
3-17     basic allotment multiplied by 0.2, and by 2.41 for each full-time
3-18     equivalent student who is in a remedial and support program under
3-19     Section 29.081 because the student is pregnant.
3-20           (b)  For purposes of this section, the number of economically
3-21     [educationally] disadvantaged students is determined by averaging
3-22     the best six months' enrollment in the national school lunch
3-23     program of free or reduced-price lunches for the preceding school
3-24     year.
3-25           (p)  The commissioner shall:
3-26                 (1)  withhold, from the total amount of funds
3-27     appropriated for allotments under this section, an amount
 4-1     sufficient to finance extended year programs under Section 29.082
 4-2     not to exceed five percent of the amounts allocated under this
 4-3     section; and
 4-4                 (2)  give priority to applications for extended year
 4-5     programs to districts with high concentrations of economically
 4-6     [educationally] disadvantaged students.
 4-7           SECTION 9.  The importance of this legislation and the
 4-8     crowded condition of the calendars in both houses create an
 4-9     emergency and an imperative public necessity that the
4-10     constitutional rule requiring bills to be read on three several
4-11     days in each house be suspended, and this rule is hereby suspended,
4-12     and that this Act take effect and be in force from and after its
4-13     passage, and it is so enacted.