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ANALYSIS
C.S.H.B. 1759 repeals Education
Code provisions relating to the hold harmless provision with regard to equalized
wealth level, the cost of education adjustments under the Foundation School
Program (FSP), the transportation allotment, the high school allotment, and
additional state aid for staff salary increases under the FSP.
C.S.H.B. 1759 amends the
Education Code to authorize the commissioner of education to provide a school
district to which an academically unacceptable school district is annexed and
that is required to take action to reduce its wealth per student to the
equalized wealth level the value of the adjustment of the district's local
fund assignment in the form of a credit against the total amount required for
the district to purchase attendance credits.
C.S.H.B. 1759 entitles the
Texas School for the Deaf to a transportation allotment paid from the
foundation school fund and requires the commissioner to determine the
appropriate allotment. The bill authorizes a school district to receive an
allotment paid from the fund for the transportation of students participating
in a regional day school program for the deaf, as determined by the
commissioner. The bill establishes that a county public school transportation
system is not entitled to receive funding for transportation costs directly
from the state, but rather that funding for such a system is provided by each
school district participating in the system in accordance with the terms of
the interlocal contract under which the county provides transportation
services for the participating districts as provided by the Interlocal Cooperation
Act.
C.S.H.B. 1759 establishes that the
compressed tax rate of a school district that adopted a maintenance and
operations (M&O) tax rate for the 2005 tax year below the maximum rate
permitted by law for that year includes the portion of the district's current
M&O tax rate in excess of the first six cents above the district's
compressed tax rate until the district's compressed tax rate is equal to the
state maximum compressed tax rate. The bill adds temporary provisions, set to
expire September 1, 2018, making the inclusion of such additional tax effort in
the calculation of the district's compressed M&O tax rate applicable
beginning with the 2017–2018 school year and authorizing the board of
trustees of a school district with an applicable 2005 M&O tax rate to
choose to include such additional tax effort in the calculation of the
district's compressed M&O tax rate for the 2015–2016 and 2016–2017 school
years but requires the board of trustees to notify the commissioner of that
decision in writing not later than September 1 of the affected school year. The
bill includes any such additional tax effort that is factored into the
calculation of a district's compressed M&O tax rate in the calculation of
the first equalized wealth level, which is applied to a district's compressed
tax rate, and excludes it from the calculation of the third equalized wealth
level, currently set at $319,500, which is applied to a district's tax effort
greater than six cents above the district's compressed tax rate.
C.S.H.B. 1759 revises the formulas
used to calculate the applicable small and mid-size district adjustment. The
bill establishes that the adjusted allotment of a district that is eligible
for an adjustment under any one of various conditions is equal to the sum of the
value of the basic allotment and the greatest adjustment for which the
district is eligible. The bill establishes that the adjusted allotment of a
district that is not eligible for a small or mid-size adjustment is equal to
the value of the district basic allotment.
C.S.H.B. 1759 excludes amounts
spent for the transportation of special education students and career and
technology education students from the requirements that the special
education allotment and the career and technology allotment be used in the
state special education program and in providing career and technology
education programs, respectively. The bill expands the career and technology
allotment for each full-time equivalent student in average daily attendance
in an approved career and technology education program in grades 9 through 12
to include students in such a program in grade eight.
C.S.H.B. 1759 replaces the
requirement that the State Board of Education (SBOE) increase by rule certain
indirect cost allotments in effect for the 2010–2011 school year in
proportion to the average percentage reduction in
total state and local M&O revenue provided for the 2011–2012 school year
as a result of legislation enacted by the 82nd Legislature, 1st Called
Session, 2011, with a requirement that the SBOE revise such indirect
cost allotments in effect for the 2014–2015 school year for the 2015–2016 and
subsequent school years to reflect any increase in the percentage of total M&O
funding represented by the basic allotment as a result of Acts of the 84th
Legislature, Regular Session, 2015.
C.S.H.B. 1759 establishes that
the tax rate of a school district that adopted an M&O tax rate for the
2005 tax year below the maximum rate permitted by law for that year includes,
for purposes of calculating the district's tier one local share, the
additional tax effort included in calculating the district's compressed tax
rate to the extent that the additional tax effort brings the district's
compressed tax rate to the maximum rate permitted by law under the bill's
provisions. The bill adds a temporary provision, set to expire September 1,
2017, establishing that revenue generated by the portion of a district's M&O
tax rate included in calculating the district's compressed tax rate and local
share under the bill's provisions is included in determining the amount of
additional state aid for tax reduction to which a district is entitled as a
hold harmless for a prior mandatory reduction in tax rates.
C.S.H.B. 1759 adds temporary
provisions, set to expire September 1, 2017, applicable to a school district
that, as a result of the changes in law made by the bill, is entitled to an
amount of state and local funding per student in weighted average daily
attendance for maintenance and operations for a school year that is less than
the amount of such funding to which the district would have been entitled for
the school year under statutory provisions governing equalized wealth level
and the FSP as those provisions existed on January 1, 2015. The bill entitles
such a district to transitional funding in an amount equal to the difference
between the amount of M&O revenue to which the district is entitled for a
school year after the changes in law made by the bill take effect and the
amount of M&O revenue to which the district would have been entitled for
the same school year under statutory provisions governing equalized wealth
level and the FSP as those provisions existed on January 1, 2015. The bill
requires the commissioner, for the purpose of determining the latter amount,
to use the amount of the district's transportation allotment for the
2014–2015 school year. The bill caps the amount of transitional funding at
$75.7 million for the 2015–2016 school year and $81.2 million for the
2016–2017 school year. The bill requires the commissioner, if the total
amount of transitional funding to which school districts are entitled for a
school year exceeds the applicable cap, to rank districts by state and local M&O
revenue per cent per student in weighted average daily attendance and to
provide transitional funding to districts in ascending order, beginning with
the district with the lowest such revenue, until no remaining funds are
available for such purposes. The bill authorizes the commissioner to adopt
rules to implement the transitional funding, establishes that a related determination
of the commissioner is final, and prohibits such a determination from being
appealed.
C.S.H.B. 1759 excludes any
additional tax effort included in calculating a district's compressed tax
rate to the extent that the additional tax effort brings the district's
compressed tax rate to the maximum rate permitted by law as provided by the
bill, if applicable, from the M&O tax effort used to determine which of
two possible dollar amount guaranteed levels of state and local funds per
weighted student per cent of tax effort for the district apply in computing a
district's guaranteed yield amount under the guaranteed yield program.
C.S.H.B. 1759 amends the
Government Code to make conforming changes.
C.S.H.B. 1759 repeals the
following provisions of the Education Code:
·
Section 29.097(g)
·
Section 29.098(e)
·
Section 34.002(c)
·
Section 39.233
·
Section 39.234
·
Sections 41.002(e), (f), and (g)
·
Section 42.102
·
Section 42.1541(c)
·
Section 42.155
·
Section 42.160
·
Section 42.2513
·
Section 42.2517
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INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. Subchapter C,
Chapter 7, Education Code, is amended by adding Section 7.0551 to read as
follows:
Sec. 7.0551. DISTRIBUTION
OF STATE REVENUE FOR PUBLIC EDUCATION. The commissioner shall adopt rules
providing for the distribution of state revenue for the maintenance and
operation of public schools and the support of instructional facilities and
school district debt. For purposes of this section, "state
revenue" means state financial assistance formerly distributed under
Chapters 42 and 46, as those chapters existed on January 1, 2015.
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No
equivalent provision.
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No
equivalent provision.
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SECTION 1. Section 7.062(c),
Education Code, is amended to read as follows:
(c) Except as otherwise
provided by this subsection, if the commissioner certifies that the amount
appropriated for a state fiscal year for purposes of Subchapters A and B,
Chapter 46, exceeds the amount to which school districts are entitled under
those subchapters for that year, the commissioner shall use the excess
funds, in an amount not to exceed $20 million in any state fiscal year, for
the purpose of making grants under this section. The use of excess funds
under this subsection has priority over any provision of Chapter 42 that
permits or directs the use of excess foundation school program funds,
including Sections [42.2517,] 42.2521, 42.2522, and 42.2531. The
commissioner is required to use excess funds as provided by this subsection
only if the commissioner is not required to reduce the total amount of
state funds allocated to school districts under Section 42.253(h).
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No
equivalent provision.
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SECTION 2. Section 11.158(a),
Education Code, is amended to read as follows:
(a) The board of trustees of
an independent school district may require payment of:
(1) a fee for materials used
in any program in which the resultant product in excess of minimum
requirements becomes, at the student's option, the personal property of the
student, if the fee does not exceed the cost of materials;
(2) membership dues in
student organizations or clubs and admission fees or charges for attending
extracurricular activities, if membership or attendance is voluntary;
(3) a security deposit for
the return of materials, supplies, or equipment;
(4) a fee for personal
physical education and athletic equipment and apparel, although any student
may provide the student's own equipment or apparel if it meets reasonable
requirements and standards relating to health and safety established by the
board;
(5) a fee for items of
personal use or products that a student may purchase at the student's
option, such as student publications, class rings, annuals, and graduation
announcements;
(6) a fee specifically
permitted by any other statute;
(7) a fee for an authorized
voluntary student health and accident benefit plan;
(8) a reasonable fee, not to
exceed the actual annual maintenance cost, for the use of musical
instruments and uniforms owned or rented by the district;
(9) a fee for items of
personal apparel that become the property of the student and that are used
in extracurricular activities;
(10) a parking fee or a fee
for an identification card;
(11) a fee for a driver
training course, not to exceed the actual district cost per student in the
program for the current school year;
(12) a fee for a course
offered for credit that requires the use of facilities not available on the
school premises or the employment of an educator who is not part of the
school's regular staff, if participation in the course is at the student's
option;
(13) a fee for a course
offered during summer school, except that the board may charge a fee for a
course required for graduation only if the course is also offered without a
fee during the regular school year;
(14) a reasonable fee for
transportation of a student who lives within two miles of the school the
student attends to and from that school[, except that the board may not
charge a fee for transportation for which the school district receives
funds under Section 42.155(d)]; or
(15) a reasonable fee, not to
exceed $50, for costs associated with an educational program offered
outside of regular school hours through which a student who was absent from
class receives instruction voluntarily for the purpose of making up the
missed instruction and meeting the level of attendance required under
Section 25.092[; or
[(16) if the district does
not receive any funds under Section 42.155 and does not participate in a county
transportation system for which an allotment is provided under Section
42.155(i), a reasonable fee for the transportation of a student to and from
the school the student attends].
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No
equivalent provision.
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SECTION 3. Section
12.106(a-1), Education Code, is amended to read as follows:
(a-1) In determining funding
for an open-enrollment charter school under Subsection (a), adjustments
under Sections [42.102,] 42.103, 42.104, and 42.105 are based on the
average adjustment for the state.
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No
equivalent provision.
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SECTION 4. Section 13.054,
Education Code, is amended by adding Subsection (f-1) to read as follows:
(f-1) For a school
district to which territory is annexed under this section and that is
required to take action under Chapter 41 to reduce its wealth per student
to the equalized wealth level, the commissioner may provide the value of
the adjustment described by Subsection (f) in the form of a credit against
the total amount required under Section 41.093 for the district to purchase
attendance credits.
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No
equivalent provision.
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SECTION 5. Section 29.014(d),
Education Code, is amended to read as follows:
(d) The basic allotment for a
student enrolled in a district to which this section applies is adjusted
by[:
[(1) the cost of education
adjustment under Section 42.102 for the school district in which the
district is geographically located; and
[(2)] the weight for a
homebound student under Section 42.151(a).
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No
equivalent provision.
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SECTION 6. Section 29.918(a),
Education Code, is amended to read as follows:
(a) Notwithstanding Section [39.234
or] 42.152, a school district or open-enrollment charter school with a
high dropout rate, as determined by the commissioner, must submit a plan to
the commissioner describing the manner in which the district or charter
school intends to use the compensatory education allotment under Section
42.152 [and the high school allotment under Section 42.160] for
developing and implementing research-based strategies for dropout
prevention. The district or charter school shall submit the plan not later
than December 1 of each school year preceding the school year in which the
district or charter school will receive the compensatory education
allotment or high school allotment to which the plan applies.
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No
equivalent provision.
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SECTION 7. Subchapter C,
Chapter 30, Education Code, is amended by adding Section 30.0561 to read as
follows:
Sec. 30.0561. TRANSPORTATION
ALLOTMENT. The Texas School for the Deaf is entitled to a transportation
allotment paid from the foundation school fund. The commissioner shall
determine the appropriate allotment.
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No
equivalent provision.
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SECTION 8. Section 30.087(c),
Education Code, is amended to read as follows:
(c) A school district may
receive an allotment paid from the foundation school fund for
transportation of students participating in a regional day school program, as
determined by the commissioner [in the same manner as an
allotment for the transportation of other special education students].
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No
equivalent provision.
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SECTION 9. Section 34.007,
Education Code, is amended by adding Subsection (c) to read as follows:
(c) A county
transportation system is not entitled to receive funding for transportation
costs directly from the state. Funding for a county transportation system
is provided by each school district participating in the county
transportation system in accordance with the terms of the interlocal
contract under Chapter 791, Government Code, under which the county
provides transportation services for the participating districts.
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No
equivalent provision.
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SECTION 10. Section
39.0233(a), Education Code, is amended to read as follows:
(a) The agency, in
coordination with the Texas Higher Education Coordinating Board, shall
adopt a series of questions to be included in an end-of-course assessment
instrument administered under Section 39.023(c) to be used for purposes of
Section 51.3062. The questions adopted under this subsection must be
developed in a manner consistent with any college readiness standards
adopted under Section [Sections 39.233 and] 51.3062.
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No
equivalent provision.
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SECTION 11. Section
41.002(a), Education Code, is amended to read as follows:
(a) A school district may not
have a wealth per student that exceeds:
(1) the wealth per student
that generates the amount of maintenance and operations tax revenue per
weighted student available to a district with maintenance and operations
tax revenue per cent of tax effort equal to the maximum amount provided per
cent under Section 42.101(a) or (b), for the district's maintenance and
operations tax effort equal to or less than the rate equal to the sum of
the product of the state compression percentage, as determined under
Section 42.2516, multiplied by the maintenance and operations tax rate
adopted by the district for the 2005 tax year and any additional tax
effort included in calculating the district's compressed tax rate under
Section 42.101(a-1);
(2) the wealth per student
that generates the amount of maintenance and operations tax revenue per
weighted student available to the Austin Independent School District, as
determined by the commissioner in cooperation with the Legislative Budget
Board, for the first six cents by which the district's maintenance and
operations tax rate exceeds the rate equal to the product of the state
compression percentage, as determined under Section 42.2516, multiplied by
the maintenance and operations tax rate adopted by the district for the
2005 tax year, subject to Section 41.093(b-1); or
(3) $319,500, for the
district's maintenance and operations tax effort that exceeds the first six
cents by which the district's maintenance and operations tax effort exceeds
the rate equal to the product of the state compression percentage, as
determined under Section 42.2516, multiplied by the maintenance and
operations tax rate adopted by the district for the 2005 tax year, less
any additional tax effort included in calculating the district's compressed
tax rate under Section 42.101(a-1).
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No
equivalent provision.
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SECTION 12. Section
41.034(a), Education Code, is amended to read as follows:
(a) For the first and second
school years after creation of a consolidated district under this
subchapter, the commissioner shall adjust allotments to the consolidated
district to the extent necessary to preserve the effects of an adjustment
under Section [42.102,] 42.103[,] or 42.105 to which either
of the consolidating districts would have been entitled but for the
consolidation.
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No
equivalent provision.
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SECTION 13. Section
41.099(a), Education Code, is amended to read as follows:
(a) Sections [41.002(e),]
41.094, 41.097, and 41.098 apply only to a district that:
(1) executes an agreement to
purchase all attendance credits necessary to reduce the district's wealth
per student to the equalized wealth level;
(2) executes an agreement to
purchase attendance credits and an agreement under Subchapter E to contract
for the education of nonresident students who transfer to and are educated
in the district but who are not charged tuition; or
(3) executes an agreement
under Subchapter E to contract for the education of nonresident students:
(A) to an extent that does
not provide more than 10 percent of the reduction in wealth per student
required for the district to achieve a wealth per student that is equal to
or less than the equalized wealth level; and
(B) under which all revenue
paid by the district to other districts, in excess of the reduction in
state aid that results from counting the weighted average daily attendance
of the students served in the contracting district, is required to be used
for funding a consortium of at least three districts in a county with a
population of less than 40,000 that is formed to support a technology
initiative.
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No
equivalent provision.
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SECTION 14. Section 41.257,
Education Code, is amended to read as follows:
Sec. 41.257. APPLICATION OF
SMALL AND SPARSE ADJUSTMENTS [AND TRANSPORTATION ALLOTMENT]. The
budget of the consolidated district must apply the benefit of the
adjustment or allotment to the schools of the consolidating district to
which Section 42.103 or[,] 42.105[, or 42.155] would
have applied in the event that the consolidated district still qualifies as
a small or sparse district.
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No
equivalent provision.
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SECTION 15. Section
42.007(c), Education Code, is amended to read as follows:
(c) The funding elements must
include:
(1) a basic allotment for the
purposes of Section 42.101 that, when combined with the guaranteed yield
component provided by Subchapter F, represents the cost per student of a
regular education program that meets all mandates of law and regulation;
(2) [adjustments designed
to reflect the variation in known resource costs and costs of education
beyond the control of school districts;
[(3)] appropriate
program cost differentials and other funding elements for the programs
authorized under Subchapter C, with the program funding level expressed as
dollar amounts and as weights applied to the adjusted basic allotment for
the appropriate year;
(3) [(4)] the
maximum guaranteed level of qualified state and local funds per student for
the purposes of Subchapter F;
(4) [(5)] the
enrichment [and facilities] tax rate under Subchapter F;
(5) [(6)] the
computation of students in weighted average daily attendance under Section
42.302; and
(6) [(7)] the
amount to be appropriated for the school facilities assistance program
under Chapter 46.
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No
equivalent provision.
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SECTION 16. Section 42.101,
Education Code, is amended by adding Subsections (a-1) and (a-2) to read as
follows:
(a-1) Notwithstanding
Subsection (a), for a school district that adopted a maintenance and
operations tax rate for the 2005 tax year below the maximum rate permitted
by law for that year, the district's compressed tax rate ("DCR")
includes the portion of the district's current maintenance and operations
tax rate in excess of the first six cents above the district's compressed
tax rate, as defined by Subsection (a), until the district's compressed tax
rate computed in accordance with this subsection is equal to the state
maximum compressed tax rate ("MCR").
(a-2) Subsection (a-1)
applies beginning with the 2017-2018 school year. For the 2015-2016 and
2016-2017 school years, the board of trustees of a school district that
adopted a maintenance and operations tax rate for the 2005 tax year below
the maximum rate permitted by law for that year may choose to apply
Subsection (a-1) to the calculation of the district's compressed tax rate
("DCR"). A board of trustees that chooses to apply Subsection
(a-1) must notify the commissioner of the decision in writing not later than
September 1 of the affected school year. This subsection expires September
1, 2018.
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No
equivalent provision.
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SECTION 17. Section 42.103,
Education Code, is amended to read as follows:
Sec. 42.103. ADJUSTMENT
BASED ON DISTRICT SIZE, INCLUDING SMALL AND MID-SIZE [MID-SIZED]
DISTRICT ADJUSTMENTS [ADJUSTMENT]. (a) The basic allotment
for [certain small and mid-sized] districts, including certain
small and mid-size districts, is adjusted in accordance with this
section. In this section:
(1) ["AA" is the
district's adjusted allotment per student;
[(2)] "ADA"
is the number of students in average daily attendance for which the
district is entitled to an allotment under Section 42.101;
(2) "SDA" is the
amount of a small-size district's per student adjustment to the allotment
under Section 42.101, as determined under Subsection (b) or (c);
(3) "MSA" is the
amount of a mid-size district's per student adjustment to the allotment
under Section 42.101, determined under Subsection (d);
(4) "DTR" is the
district's tax rate, which is equal to the district's compressed tax rate
used to calculate the district's allotment under Section 42.101, including
any additional tax effort included in calculating the district's compressed
tax rate under Section 42.101(a-1);
(5) "MCR" is the
state maximum compressed tax rate, which is the product of the state
compression percentage, as determined under Section 42.2516, multiplied by
$1.50;
(6) "SDABA" is
the amount used in determining a small-size district's adjustment under
this section that results from the following formula:
($5,040 X (DTR/MCR)) +
$125;
(7) "MSABA" is
the amount used in determining a mid-size district's adjustment under this
section that results from the following formula:
($5,040 X (DTR/MCR)) X
MSPCT; and
(8) "MSPCT" is
the percentage used to calculate a mid-size adjustment, as provided by
Subsection (g)
[(3) "ABA" is
the adjusted basic allotment determined under Section 42.102].
(b) The basic allotment of a small-size
school district that contains at least 300 square miles and has not more
than 1,600 students in average daily attendance is adjusted by adding to
the allotment the amount determined by applying the formula:
SDA [AA] = ((1 + ((1,600 - ADA) X .0004)) X SDABA)
- SDABA [ABA]
(c) The basic allotment of a small-size
school district that contains less than 300 square miles and has not more
than 1,600 students in average daily attendance is adjusted by adding to
the allotment the amount determined by applying the formula:
SDA [AA] = ((1 + ((1,600 - ADA) X .00025)) X SDABA)
- SDABA [ABA]
(d) The basic allotment of a mid-size
school district that offers a kindergarten through grade 12 program and has
less than 5,000 students in average daily attendance is adjusted by adding
to the allotment the amount determined by applying the formula, of the
following formulas, that results in the greatest adjustment [adjusted
allotment]:
(1) the formula in Subsection
(b) or (c) for which the district is eligible; or
(2) MSA
[AA] = ((1 + ((5,000 - ADA) X .000025)) X MSABA)- MSABA
[ABA].
(e) The adjusted allotment
of a school district that is not eligible for an adjustment under
Subsection (b), (c), or (d) is equal to the value of the basic allotment as
determined under Section 42.101.
(f) The adjusted allotment
of a school district that is eligible for an adjustment under Subsection
(b), (c), or (d) is equal to the sum of the value of the basic allotment as
determined under Section 42.101 and the greatest adjustment under this
section for which the district is eligible.
(g) For the 2015-2016
school year, "MSPCT" is equal to 0.75. For each subsequent school
year, "MSPCT" is equal to the value used for the preceding school
year less 0.05, until "MSPCT" is equal to 0.
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No
equivalent provision.
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SECTION 18. Section 42.104,
Education Code, is amended to read as follows:
Sec. 42.104. USE OF SIZE
ADJUSTMENT, INCLUDING SMALL AND MID-SIZE [OR MID-SIZED]
DISTRICT ADJUSTMENT, IN CALCULATING SPECIAL ALLOTMENTS. In
determining the amount of a special allotment under Subchapter C [for a
district to which Section 42.103 applies], a district's adjusted basic
allotment is considered to be the district's adjusted allotment determined
under Section 42.103.
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No
equivalent provision.
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SECTION 19. Section 42.105,
Education Code, as effective September 1, 2015, is amended to read as
follows:
Sec. 42.105. SPARSITY
ADJUSTMENT. Notwithstanding Sections 42.101[, 42.102,] and 42.103, a
school district that has fewer than 130 students in average daily
attendance shall be provided an adjusted basic allotment on the basis of
130 students in average daily attendance if it offers a kindergarten
through grade 12 program and has preceding or current year's average daily
attendance of at least 90 students or is 30 miles or more by bus route from
the nearest high school district. A district offering a kindergarten
through grade 8 program whose preceding or current year's average daily
attendance was at least 50 students or which is 30 miles or more by bus
route from the nearest high school district shall be provided an adjusted
basic allotment on the basis of 75 students in average daily attendance. An
average daily attendance of 60 students shall be the basis of providing the
adjusted basic allotment if a district offers a kindergarten through grade
6 program and has preceding or current year's average daily attendance of
at least 40 students or is 30 miles or more by bus route from the nearest
high school district.
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No
equivalent provision.
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SECTION 20. Section
42.151(h), Education Code, is amended to read as follows:
(h) Funds allocated under
this section, other than an indirect cost allotment established under State
Board of Education rule or amounts spent for the transportation of
special education students, must be used in the special education
program under Subchapter A, Chapter 29.
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No
equivalent provision.
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SECTION 21. Sections
42.154(a) and (c), Education Code, are amended to read as follows:
(a) For each full-time
equivalent student in average daily attendance in an approved career and
technology education program in grades eight [nine] through
12 or in career and technology education programs for students with
disabilities in grades seven through 12, a district is entitled to:
(1) an annual allotment equal
to the adjusted basic allotment multiplied by a weight of 1.35; and
(2) $50, if the student is
enrolled in:
(A) two or more advanced
career and technology education classes for a total of three or more
credits; or
(B) an advanced course as
part of a tech-prep program under Subchapter T, Chapter 61.
(c) Funds allocated under
this section, other than an indirect cost allotment established under State
Board of Education rule or amounts spent for the transportation of
career and technology education students, must be used in providing
career and technology education programs in grades eight [nine]
through 12 or career and technology education programs for students with
disabilities in grades seven through 12 under Sections 29.182, 29.183, and
29.184.
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No
equivalent provision.
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SECTION 22. Section
42.1541(a), Education Code, is amended to read as follows:
(a) For the 2015-2016 and
subsequent school years, the [The] State Board of Education
shall by rule revise [increase] the indirect cost allotments
established under Sections 42.151(h), 42.152(c), 42.153(b), and 42.154(c)
[42.154(a-1) and (c)] and in effect for the 2014-2015 [2010-2011]
school year to reflect any increase in the percentage of total
maintenance and operations funding represented by the basic allotment [in
proportion to the average percentage reduction in total state and local
maintenance and operations revenue provided under this chapter for the
2011-2012 school year] as a result of [S.B. Nos. 1 and 2,] Acts
of the 84th [82nd] Legislature, Regular [1st Called]
Session, 2015 [2011].
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No
equivalent provision.
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SECTION 23. Section
42.156(a), Education Code, is amended to read as follows:
(a) For each identified
student a school district serves in a program for gifted and talented
students that the district certifies to the commissioner as complying with
Subchapter D, Chapter 29, a district is entitled to an annual allotment
equal to the district's adjusted basic allotment as determined under [Section
42.102 or] Section 42.103, [as applicable,] multiplied by .12
for each school year or a greater amount provided by appropriation.
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No
equivalent provision.
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SECTION 24. Section 42.2516,
Education Code, as effective until September 1, 2017, is amended by
amending Subsection (b-1) and adding Subsection (c-1) to read as follows:
(b-1) The amount determined
for a school district under Subsection (b) is increased or reduced as
follows:
(1) if for any school year
the district is entitled to a greater allotment under Section [42.155 or]
42.158 or more additional state aid under Section 42.2515 than the
allotment or additional state aid to which the district was entitled under
Section [42.155,] 42.158[,] or 42.2515, as applicable, for
the 2009-2010 school year, the district's entitlement under Subsection (b)
is increased by an amount equal to the difference between the amount to which
the district is entitled under Section [42.155,] 42.158[,] or
42.2515, as applicable, for that school year and the amount to which the
district was entitled under the applicable section for the 2009-2010 school
year; and
(2) if for any school year
the district is not entitled to an allotment under Section [42.155 or]
42.158 or additional state aid under Section 42.2515 or is entitled to a
lesser allotment or less additional state aid under the applicable section
than the allotment or additional state aid to which the district was
entitled under the applicable section for the 2009-2010 school year, the
district's entitlement under Subsection (b) is reduced by an amount equal
to the difference between the amount to which the district was entitled
under Section [42.155,] 42.158[,] or 42.2515, as applicable,
for the 2009-2010 school year and the amount to which the district is
entitled under the applicable section for the current school year.
(c-1) Revenue generated by
the portion of a district's maintenance and operations tax rate included in
calculating the district's compressed tax rate under Section 42.101(a-1)
and local share under Section 42.252(a-1) is included in determining the
amount to which a district is entitled under this section. This subsection
expires September 1, 2017.
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No
equivalent provision.
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SECTION 25. Section 42.252,
Education Code, is amended by adding Subsection (a-1) to read as follows:
(a-1) Notwithstanding
Subsection (a), for a school district that adopted a maintenance and
operations tax rate for the 2005 tax year below the maximum rate permitted
by law for that year, the district's tax rate ("TR") includes the
tax effort included in calculating the district's compressed tax rate under
Section 42.101(a-1).
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No
equivalent provision.
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SECTION 26. Subchapter E,
Chapter 42, Education Code, is amended by adding Section 42.2529 to read as
follows:
Sec. 42.2529. TRANSITIONAL
FUNDING. (a) This section applies to a school district that, as a result of
the changes in law made by H.B. No. 1759, Acts of the 84th Legislature,
Regular Session, 2015, is entitled to an amount of state and local funding
per student in weighted average daily attendance for maintenance and
operations for a school year that is less than the amount of state and
local funding per student in weighted average daily attendance for
maintenance and operations to which the district would have been entitled
for the school year under Chapter 41 and this chapter, as those chapters
existed on January 1, 2015.
(b) Subject to Subsection
(d), a school district to which this section applies is entitled to
transitional funding under this section in an amount equal to the
difference between:
(1) the amount of
maintenance and operations revenue to which the district is entitled for a
school year after the changes in law made by H.B. No. 1759, Acts of the
84th Legislature, Regular Session, 2015, take effect; and
(2) the amount of
maintenance and operations revenue to which the district would have been
entitled for the same school year under Chapter 41 and this chapter, as
those chapters existed on January 1, 2015.
(c) For the purpose of
determining under Subsection (b)(2) the amount to which a district would
have been entitled under Section 42.155, as that section existed on January
1, 2015, the commissioner shall use the amount of the district's
transportation allotment for the 2014-2015 school year.
(d) The amount of
transitional funding provided under this section may not exceed $75.7
million for the 2015-2016 school year and $81.2 million for the 2016-2017
school year. If the total amount of transitional funding to which districts
are entitled under this section for a school year exceeds the amount
specified by this subsection, the commissioner shall rank districts by
state and local maintenance and operations revenue per cent per student in
weighted average daily attendance and shall provide transitional funding
under this section to districts in ascending order, beginning with the
district with the lowest maintenance and operations revenue per cent per
student in weighted average daily attendance, until no remaining funds are
available for purposes of this section.
(e) The commissioner may
adopt rules to implement this section.
(f) A determination of the
commissioner under this section is final and may not be appealed.
(g) This section expires
September 1, 2017.
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No
equivalent provision.
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SECTION 27. Section
42.261(a), Education Code, is amended to read as follows:
(a) Funds appropriated by the
legislature for a tax year for the purpose of reducing a school district's
maintenance and operations tax rate and providing state aid under Section
42.2516:
(1) [are not excess funds
for purposes of Section 42.2517;
[(2)] are not
available for purposes of Section 42.2521 or 42.2522;
(2) [(3)] may
not be used for purposes of Chapter 46; and
(3) [(4)] may
not be provided by the commissioner to a school district for a purpose
other than reduction of the district's maintenance and operations tax rate.
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No
equivalent provision.
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SECTION 28. Sections
42.302(a) and (a-1), Education Code, are amended to read as follows:
(a) Each school district is
guaranteed a specified amount per weighted student in state and local funds
for each cent of tax effort over that required for the district's local
fund assignment up to the maximum level specified in this subchapter. The
amount of state support, subject only to the maximum amount under Section
42.303, is determined by the formula:
GYA = (GL X
WADA X DTR X 100) - LR
where:
"GYA" is the
guaranteed yield amount of state funds to be allocated to the district;
"GL" is the dollar
amount guaranteed level of state and local funds per weighted student per
cent of tax effort, which is an amount described by Subsection (a-1) or a
greater amount for any year provided by appropriation;
"WADA" is the
number of students in weighted average daily attendance, which is
calculated by dividing the sum of the school district's allotments under
Subchapters B and C, less any allotment [to the district for
transportation, any allotment] under Section 42.158 [or 42.160, and
50 percent of the adjustment under Section 42.102], by the basic
allotment for the applicable year;
"DTR" is the
district enrichment tax rate of the school district, which is determined by
subtracting the amounts specified by Subsection (b) from the total amount
of maintenance and operations taxes collected by the school district for
the applicable school year and dividing the difference by the quotient of
the district's taxable value of property as determined under Subchapter M,
Chapter 403, Government Code, or, if applicable, under Section 42.2521,
divided by 100; and
"LR" is the local
revenue, which is determined by multiplying "DTR" by the quotient
of the district's taxable value of property as determined under Subchapter
M, Chapter 403, Government Code, or, if applicable, under Section 42.2521,
divided by 100.
(a-1) [In this section,
"wealth per student" has the meaning assigned by Section 41.001.]
For purposes of Subsection (a), the dollar amount guaranteed level of state
and local funds per weighted student per cent of tax effort
("GL") for a school district is:
(1) the greater of the amount
of district tax revenue per weighted student per cent of tax effort that
would be available to the Austin Independent School District, as determined
by the commissioner in cooperation with the Legislative Budget Board, if
the reduction of the limitation on tax increases as provided by Section
11.26(a-1), (a-2), or (a-3), Tax Code, did not apply, or the amount of
district tax revenue per weighted student per cent of tax effort used for
purposes of this subdivision in the preceding school year, for the first
six cents by which the district's maintenance and operations tax rate
exceeds the rate equal to the product of the state compression percentage,
as determined under Section 42.2516, multiplied by the maintenance and
operations tax rate adopted by the district for the 2005 tax year; and
(2) $31.95, for the
district's maintenance and operations tax effort that exceeds the amount of
tax effort described by Subdivision (1), less any additional tax effort
included in calculating the district's compressed tax rate under Section
42.101(a-1).
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No
equivalent provision.
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SECTION 29. Section
322.008(b), Government Code, is amended to read as follows:
(b) The general
appropriations bill may include for purposes of information the funding
elements computed by the Legislative Budget Board under Section 42.007,
Education Code[, excluding the values for each school district
calculated under Section 42.007(c)(2), Education Code]. If the funding
elements are included, the funding elements under Section 42.007(c)(2)
[42.007(c)(3)], Education Code, shall be reported in dollar amounts
per pupil.
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No
equivalent provision.
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SECTION 30. Section
825.405(b), Government Code, is amended to read as follows:
(b) For purposes of this
section:
(1) the statutory minimum
salary for certain school personnel under Section 21.402, Education Code,
is the salary provided by that section multiplied by the cost of education index
adjustment adopted by the foundation school fund budget committee and
contained in Chapter 203, Title 19, Texas Administrative Code, as that
chapter existed on March 26, 1997, applicable [under Section 42.102,
Education Code,] to the district in which the member is employed; and
(2) the statutory minimum
salary for members who would have been entitled to the minimum salary for
certain school personnel under former Section 16.056, Education Code, as
that section existed on January 1, 1995, is a minimum salary computed in
the same manner as the minimum salary for certain school personnel under
Section 21.402, Education Code, multiplied by the cost of education index
adjustment adopted by the foundation school fund budget committee and
contained in Chapter 203, Title 19, Texas Administrative Code, as that
chapter existed on March 26, 1997, applicable [under Section 42.102,
Education Code,] to the district in which the member is employed.
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SECTION 2. Chapters 41, 42, and 46, Education Code,
are repealed.
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SECTION 31. The following
provisions of the Education Code are repealed:
(1)
Section 29.097(g);
(2)
Section 29.098(e);
(3)
Section 34.002(c);
(4)
Section 39.233;
(5)
Section 39.234;
(6)
Sections 41.002(e), (f), and (g);
(7)
Section 42.102;
(8)
Section 42.1541(c);
(9)
Section 42.155;
(10)
Section 42.160;
(11)
Section 42.2513; and
(12)
Section 42.2517.
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SECTION 3. (a) Except as provided by Subsection (b) of this
section:
(1)
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; and
(2)
if this Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.
(b)
The repeal of Chapters 41, 42, and 46, Education Code, by this Act takes
effect September 1, 2015.
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SECTION 32. This Act takes effect September 1, 2015.
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