1-1 By: Harris S.B. No. 293
1-2 (In the Senate - Filed January 27, 1999; February 1, 1999,
1-3 read first time and referred to Committee on Education;
1-4 February 18, 1999, reported favorably by the following vote: Yeas
1-5 6, Nays 0; February 18, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the statutory terminology used to describe certain
1-9 disadvantaged public school students.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subdivision (4), Section 5.001, Education Code,
1-12 is amended to read as follows:
1-13 (4) "Economically [Educationally] disadvantaged" means
1-14 eligible to participate in the national free or reduced-price lunch
1-15 program established under 42 U.S.C. Section 1751 et seq.
1-16 SECTION 2. Subsection (c), Section 11.158, Education Code,
1-17 is amended to read as follows:
1-18 (c) Students may be required to furnish personal or
1-19 consumable items, including pencils, paper, pens, erasers,
1-20 notebooks, and school uniforms, except that students who are
1-21 economically [educationally] disadvantaged may be required to
1-22 furnish school uniforms only as provided by Section 11.162.
1-23 SECTION 3. Subsection (b), Section 11.162, Education Code,
1-24 is amended to read as follows:
1-25 (b) The rules the board of trustees adopts must designate a
1-26 source of funding that shall be used in providing uniforms for
1-27 students at the school who are economically [educationally]
1-28 disadvantaged.
1-29 SECTION 4. Subsection (b), Section 29.153, Education Code,
1-30 is amended to read as follows:
1-31 (b) A child is eligible for enrollment in a prekindergarten
1-32 class if the child is at least three years of age and is:
1-33 (1) unable to speak and comprehend the English
1-34 language;
1-35 (2) economically [educationally] disadvantaged; or
1-36 (3) homeless, as defined by 42 U.S.C. Section 11302,
1-37 regardless of the residence of the child, of either parent of the
1-38 child, or of the child's guardian or other person having lawful
1-39 control of the child.
1-40 SECTION 5. Subsection (b), Section 33.053, Education Code,
1-41 is amended to read as follows:
1-42 (b) The board of trustees of a school district or the chief
1-43 administrative officer of a private school may establish a
1-44 reasonable fee to cover the costs of fingerprinting not provided by
1-45 volunteer assistance. The fee may not exceed $3 for each child
1-46 fingerprinted. If the school charges a fee, the school may waive
1-47 all or a portion of the costs of fingerprinting for economically
1-48 [educationally] disadvantaged children.
1-49 SECTION 6. Subsection (d), Section 33.054, Education Code,
1-50 is amended to read as follows:
1-51 (d) A participating school may charge a fee for making and
1-52 keeping records of photographs under this section. If the school
1-53 charges a fee, the school may waive this fee for economically
1-54 [educationally] disadvantaged children.
1-55 SECTION 7. Subsection (h), Section 33.903, Education Code,
1-56 is amended to read as follows:
1-57 (h) A school district may supplement any funds received
1-58 under this section with funds received through other government
1-59 assistance programs, program tuition, or private donations. Any
1-60 tuition charge may reflect only the actual cost of care provided to
1-61 the student, and the agency or other appropriate governmental
1-62 agency approved by the commissioner may audit a program to ensure
1-63 compliance with this subsection. A school district shall use state
1-64 funds awarded under this section to benefit economically
2-1 [educationally] disadvantaged children before using those funds for
2-2 the care of other children.
2-3 SECTION 8. Subsections (a), (b), and (p), Section 42.152,
2-4 Education Code, are amended to read as follows:
2-5 (a) For each student who is economically [educationally]
2-6 disadvantaged or who is a student who does not have a disability
2-7 and resides in a residential placement facility in a district in
2-8 which the student's parent or legal guardian does not reside, a
2-9 district is entitled to an annual allotment equal to the adjusted
2-10 basic allotment multiplied by 0.2, and by 2.41 for each full-time
2-11 equivalent student who is in a remedial and support program under
2-12 Section 29.081 because the student is pregnant.
2-13 (b) For purposes of this section, the number of economically
2-14 [educationally] disadvantaged students is determined by averaging
2-15 the best six months' enrollment in the national school lunch
2-16 program of free or reduced-price lunches for the preceding school
2-17 year.
2-18 (p) The commissioner shall:
2-19 (1) withhold, from the total amount of funds
2-20 appropriated for allotments under this section, an amount
2-21 sufficient to finance extended year programs under Section 29.082
2-22 not to exceed five percent of the amounts allocated under this
2-23 section; and
2-24 (2) give priority to applications for extended year
2-25 programs to districts with high concentrations of economically
2-26 [educationally] disadvantaged students.
2-27 SECTION 9. The importance of this legislation and the
2-28 crowded condition of the calendars in both houses create an
2-29 emergency and an imperative public necessity that the
2-30 constitutional rule requiring bills to be read on three several
2-31 days in each house be suspended, and this rule is hereby suspended,
2-32 and that this Act take effect and be in force from and after its
2-33 passage, and it is so enacted.
2-34 * * * * *