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.