By Hardcastle                                         H.B. No. 2955
         77R7927 KKA-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to certain public school students receiving educational
 1-3     services  from a school district other than the district in which
 1-4     the students reside.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Section 25.039(b), Education Code, is amended to
 1-7     read as follows:
 1-8           (b)  The school district in which the students reside shall
 1-9     pay tuition to any district with which it has a contract under this
1-10     section for each of its students attending school in that district
1-11     at a grade level for which the district has contracted.  The amount
1-12     of the tuition paid may not exceed the lesser of the amount
1-13     provided for by Section 25.038 or an amount specified by
1-14     commissioner rule, unless the board of trustees of each affected
1-15     district agrees to a higher amount determined by those boards to be
1-16     in the best interests of each district's educational program.
1-17           SECTION 2. Section 41.001(3), Education Code, is amended to
1-18     read as follows:
1-19                 (3)  "Weighted average daily attendance" has the
1-20     meaning assigned by Section 42.302, except that the weighted
1-21     average daily attendance of a school district that does not offer
1-22     each grade level from kindergarten through grade 12 and that pays
1-23     tuition to another district for the education of resident students
1-24     in the grade levels not offered is modified to include those
 2-1     students.
 2-2           SECTION 3. Section 41.123, Education Code, is amended to read
 2-3     as follows:
 2-4           Sec. 41.123.  WADA AND ADA COUNT. For purposes of Chapters
 2-5     [Chapter] 42 and 46, students served under an agreement under this
 2-6     subchapter are counted only in the weighted average daily
 2-7     attendance or average daily attendance, as applicable, of the
 2-8     district providing the services.
 2-9           SECTION 4. Section 41.124(b), Education Code, is amended to
2-10     read as follows:
2-11           (b)  A school district with a wealth per student that exceeds
2-12     the equalized wealth level that offers each grade level from
2-13     kindergarten through grade 12 and that pays tuition to another
2-14     school district for the education of students that reside in the
2-15     district may apply the amount of tuition paid toward the cost of
2-16     the option chosen by the district to reduce its wealth per student.
2-17     The amount applied under this subsection may not exceed the amount
2-18     determined under Section 41.093 as the cost of an attendance credit
2-19     for the district.  The commissioner may require any reports
2-20     necessary to document the tuition payments.
2-21           SECTION 5. Section 41.124(c), Education Code, is repealed.
2-22           SECTION 6. This Act takes effect September 1, 2001.