79R14670 KKA-F


By:  Keffer of Dallas, Van Arsdale, Paxton,                       H.B. No. 2877
 
    Harper-Brown, Taylor                                                     

Substitute the following for H.B. No. 2877:                                   

By:  Delisi                                                   C.S.H.B. No. 2877



A BILL TO BE ENTITLED

AN ACT

relating to the state's responsibility regarding public education.            
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 42.001, Education Code, is amended to 
read as follows:   
	Sec. 42.001.  STATE POLICY.  (a)  It is the policy of this 
state that the provision of public education is a state 
responsibility and that an [a thorough and] efficient system be 
provided and [substantially] financed through a combination of 
state and local revenue sources so that each student enrolled in the 
public school system shall have access to programs and services 
that are necessary to meet the purposes set out in Section 28.001 
[appropriate to the student's educational needs and that are 
substantially equal to those available to any similar student, 
notwithstanding varying local economic factors].
	(b)  The public school finance system of this state shall 
adhere to a standard of neutrality that provides for substantially 
equal access to similar programs and services that are necessary to 
meet the purposes set out in Section 28.001 [revenue per student at 
similar tax effort, considering all state and local tax revenues of 
districts after acknowledging all legitimate student and district 
cost differences].
	(c)  For purposes of fulfilling the state's responsibility 
for the provision of public education under Section 1, Article VII, 
Texas Constitution:
		(1)  "General diffusion of knowledge" means the result 
of an educational system that makes available, free of tuition, the 
curriculum required by the legislature to persons entitled to 
attend public school under general law.
		(2)  "Suitable provision for the support and 
maintenance of an efficient system of public free schools" means 
that the legislature:
			(A)  ensures that an educational system is 
available to all school-age residents of this state;
			(B)  identifies the resources necessary for the 
delivery of the curriculum required by Section 28.002;
			(C)  ensures that funding is available to provide 
the resources described by Paragraph (B);
			(D)  ensures that funding described by Paragraph 
(C) is provided in a manner that affords the greatest possible 
flexibility to school districts in use of funds; and
			(E)  ensures that funding for instructional 
materials is provided through the available school fund.
		(3)  "Efficient system of public free schools" means a 
system in which:
			(A)  accountability provisions, based primarily 
on performance standards that measure student academic 
achievement, ensure that funds provided for the delivery of the 
required curriculum are used in a manner that enables school 
districts to meet performance indicators established under Section 
39.051; and
			(B)  school districts, in addition to the level of 
revenue required to be raised to make suitable provision for the 
support and maintenance of an efficient system of public free 
schools, are permitted to raise additional local revenue to provide 
enhanced local educational programs and services, without a 
requirement that the state ensure that total local funding is 
substantially equal throughout the state.
	SECTION 2.  Section 42.002, Education Code, is amended to 
read as follows:   
	Sec. 42.002.  PURPOSES OF FOUNDATION SCHOOL PROGRAM.  (a)  
The purposes of the Foundation School Program set forth in this 
chapter are to guarantee that each school district in the state has:
		(1)  adequate resources to provide each eligible 
student a basic instructional program and facilities suitable to 
meet the purposes set out in Section 28.001 [the student's 
educational needs]; and
		(2)  access to a substantially equalized program of 
financing in excess of basic costs for certain services, as 
provided by this chapter.
	(b)  The Foundation School Program consists of:                                
		(1)  two tiers that in combination provide for:                               
			(A)  [sufficient] financing for all school 
districts to provide a basic program of education that is rated 
academically acceptable or higher under Section 39.072 and meets 
other applicable legal standards; and
			(B)  substantially equal access to funds to 
provide an enriched program; and
		(2)  a facilities component as provided by Chapter 46.                        
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.