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A BILL TO BE ENTITLED
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AN ACT
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relating to the public school finance system. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 7.062(c), Education Code, is amended to |
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read as follows: |
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(c) Except as otherwise provided by this subsection, if the |
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commissioner certifies that the amount appropriated for a state |
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fiscal year for purposes of Subchapters A and B, Chapter 46, exceeds |
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the amount to which school districts are entitled under those |
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subchapters for that year, the commissioner shall use the excess |
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funds, in an amount not to exceed $20 million in any state fiscal |
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year, for the purpose of making grants under this section. The use |
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of excess funds under this subsection has priority over any |
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provision of Chapter 42 that permits or directs the use of excess |
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foundation school program funds, including Sections [42.2517,] |
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42.2521, 42.2522, and 42.2531. The commissioner is required to use |
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excess funds as provided by this subsection only if the |
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commissioner is not required to reduce the total amount of state |
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funds allocated to school districts under Section 42.253(h). |
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SECTION 2. Section 11.158(a), Education Code, is amended to |
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read as follows: |
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(a) The board of trustees of an independent school district |
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may require payment of: |
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(1) a fee for materials used in any program in which |
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the resultant product in excess of minimum requirements becomes, at |
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the student's option, the personal property of the student, if the |
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fee does not exceed the cost of materials; |
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(2) membership dues in student organizations or clubs |
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and admission fees or charges for attending extracurricular |
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activities, if membership or attendance is voluntary; |
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(3) a security deposit for the return of materials, |
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supplies, or equipment; |
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(4) a fee for personal physical education and athletic |
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equipment and apparel, although any student may provide the |
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student's own equipment or apparel if it meets reasonable |
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requirements and standards relating to health and safety |
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established by the board; |
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(5) a fee for items of personal use or products that a |
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student may purchase at the student's option, such as student |
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publications, class rings, annuals, and graduation announcements; |
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(6) a fee specifically permitted by any other statute; |
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(7) a fee for an authorized voluntary student health |
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and accident benefit plan; |
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(8) a reasonable fee, not to exceed the actual annual |
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maintenance cost, for the use of musical instruments and uniforms |
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owned or rented by the district; |
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(9) a fee for items of personal apparel that become the |
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property of the student and that are used in extracurricular |
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activities; |
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(10) a parking fee or a fee for an identification card; |
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(11) a fee for a driver training course, not to exceed |
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the actual district cost per student in the program for the current |
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school year; |
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(12) a fee for a course offered for credit that |
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requires the use of facilities not available on the school premises |
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or the employment of an educator who is not part of the school's |
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regular staff, if participation in the course is at the student's |
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option; |
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(13) a fee for a course offered during summer school, |
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except that the board may charge a fee for a course required for |
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graduation only if the course is also offered without a fee during |
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the regular school year; |
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(14) a reasonable fee for transportation of a student |
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who lives within two miles of the school the student attends to and |
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from that school[, except that the board may not charge a fee for
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transportation for which the school district receives funds under
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Section 42.155(d)]; or |
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(15) a reasonable fee, not to exceed $50, for costs |
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associated with an educational program offered outside of regular |
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school hours through which a student who was absent from class |
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receives instruction voluntarily for the purpose of making up the |
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missed instruction and meeting the level of attendance required |
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under Section 25.092[; or
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[(16)
if the district does not receive any funds under
|
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Section 42.155 and does not participate in a county transportation
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system for which an allotment is provided under Section 42.155(i),
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a reasonable fee for the transportation of a student to and from the
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school the student attends]. |
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SECTION 3. Section 12.106(a-1), Education Code, is amended |
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to read as follows: |
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(a-1) In determining funding for an open-enrollment charter |
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school under Subsection (a), adjustments under Sections [42.102,] |
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42.103, 42.104, and 42.105 are based on the average adjustment for |
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the state. |
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SECTION 4. Section 13.054, Education Code, is amended by |
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adding Subsection (f-1) to read as follows: |
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(f-1) For a school district to which territory is annexed |
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under this section and that is required to take action under Chapter |
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41 to reduce its wealth per student to the equalized wealth level, |
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the commissioner may provide the value of the adjustment described |
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by Subsection (f) in the form of a credit against the total amount |
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required under Section 41.093 for the district to purchase |
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attendance credits. |
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SECTION 5. Section 29.014(d), Education Code, is amended to |
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read as follows: |
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(d) The basic allotment for a student enrolled in a district |
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to which this section applies is adjusted by[:
|
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[(1)
the cost of education adjustment under Section
|
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42.102 for the school district in which the district is
|
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geographically located; and
|
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[(2)] the weight for a homebound student under Section |
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42.151(a). |
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SECTION 6. Section 29.918(a), Education Code, is amended to |
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read as follows: |
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(a) Notwithstanding Section [39.234 or] 42.152, a school |
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district or open-enrollment charter school with a high dropout |
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rate, as determined by the commissioner, must submit a plan to the |
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commissioner describing the manner in which the district or charter |
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school intends to use the compensatory education allotment under |
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Section 42.152 [and the high school allotment under Section 42.160] |
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for developing and implementing research-based strategies for |
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dropout prevention. The district or charter school shall submit |
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the plan not later than December 1 of each school year preceding the |
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school year in which the district or charter school will receive the |
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compensatory education allotment or high school allotment to which |
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the plan applies. |
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SECTION 7. Subchapter C, Chapter 30, Education Code, is |
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amended by adding Section 30.0561 to read as follows: |
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Sec. 30.0561. TRANSPORTATION ALLOTMENT. The Texas School |
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for the Deaf is entitled to a transportation allotment paid from the |
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foundation school fund. The commissioner shall determine the |
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appropriate allotment. |
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SECTION 8. Section 30.087(c), Education Code, is amended to |
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read as follows: |
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(c) A school district may receive an allotment paid from the |
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foundation school fund for transportation of students |
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participating in a regional day school program, as determined by |
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the commissioner [in the same manner as an allotment for the
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transportation of other special education students]. |
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SECTION 9. Section 34.007, Education Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) A county transportation system is not entitled to |
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receive funding for transportation costs directly from the state. |
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Funding for a county transportation system is provided by each |
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school district participating in the county transportation system |
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in accordance with the terms of the interlocal contract under |
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Chapter 791, Government Code, under which the county provides |
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transportation services for the participating districts. |
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SECTION 10. Section 39.0233(a), Education Code, is amended |
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to read as follows: |
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(a) The agency, in coordination with the Texas Higher |
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Education Coordinating Board, shall adopt a series of questions to |
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be included in an end-of-course assessment instrument administered |
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under Section 39.023(c) to be used for purposes of Section 51.3062. |
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The questions adopted under this subsection must be developed in a |
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manner consistent with any college readiness standards adopted |
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under Section [Sections 39.233 and] 51.3062. |
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SECTION 11. Section 41.002(a), Education Code, is amended |
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to read as follows: |
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(a) A school district may not have a wealth per student that |
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exceeds: |
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(1) the wealth per student that generates the amount |
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of maintenance and operations tax revenue per weighted student |
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available to a district with maintenance and operations tax revenue |
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per cent of tax effort equal to the maximum amount provided per cent |
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under Section 42.101(a) or (b), for the district's maintenance and |
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operations tax effort equal to or less than the rate equal to the |
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sum of the product of the state compression percentage, as |
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determined under Section 42.2516, multiplied by the maintenance and |
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operations tax rate adopted by the district for the 2005 tax year |
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and any additional tax effort included in calculating the |
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district's compressed tax rate under Section 42.101(a-1); |
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(2) the wealth per student that generates the amount |
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of maintenance and operations tax revenue per weighted student |
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available to the Austin Independent School District, as determined |
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by the commissioner in cooperation with the Legislative Budget |
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Board, for the first six cents by which the district's maintenance |
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and operations tax rate exceeds the rate equal to the product of the |
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state compression percentage, as determined under Section 42.2516, |
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multiplied by the maintenance and operations tax rate adopted by |
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the district for the 2005 tax year, subject to Section 41.093(b-1); |
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or |
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(3) $319,500, for the district's maintenance and |
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operations tax effort that exceeds the first six cents by which the |
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district's maintenance and operations tax effort exceeds the rate |
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equal to the product of the state compression percentage, as |
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determined under Section 42.2516, multiplied by the maintenance and |
|
operations tax rate adopted by the district for the 2005 tax year, |
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less any additional tax effort included in calculating the |
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district's compressed tax rate under Section 42.101(a-1). |
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SECTION 12. Section 41.034(a), Education Code, is amended |
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to read as follows: |
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(a) For the first and second school years after creation of |
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a consolidated district under this subchapter, the commissioner |
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shall adjust allotments to the consolidated district to the extent |
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necessary to preserve the effects of an adjustment under Section |
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[42.102,] 42.103[,] or 42.105 to which either of the consolidating |
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districts would have been entitled but for the consolidation. |
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SECTION 13. Section 41.099(a), Education Code, is amended |
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to read as follows: |
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(a) Sections [41.002(e),] 41.094, 41.097, and 41.098 apply |
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only to a district that: |
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(1) executes an agreement to purchase all attendance |
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credits necessary to reduce the district's wealth per student to |
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the equalized wealth level; |
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(2) executes an agreement to purchase attendance |
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credits and an agreement under Subchapter E to contract for the |
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education of nonresident students who transfer to and are educated |
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in the district but who are not charged tuition; or |
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(3) executes an agreement under Subchapter E to |
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contract for the education of nonresident students: |
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(A) to an extent that does not provide more than |
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10 percent of the reduction in wealth per student required for the |
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district to achieve a wealth per student that is equal to or less |
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than the equalized wealth level; and |
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(B) under which all revenue paid by the district |
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to other districts, in excess of the reduction in state aid that |
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results from counting the weighted average daily attendance of the |
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students served in the contracting district, is required to be used |
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for funding a consortium of at least three districts in a county |
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with a population of less than 40,000 that is formed to support a |
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technology initiative. |
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SECTION 14. Section 41.257, Education Code, is amended to |
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read as follows: |
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Sec. 41.257. APPLICATION OF SMALL AND SPARSE ADJUSTMENTS |
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[AND TRANSPORTATION ALLOTMENT]. The budget of the consolidated |
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district must apply the benefit of the adjustment or allotment to |
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the schools of the consolidating district to which Section 42.103 |
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or[,] 42.105[, or 42.155] would have applied in the event that the |
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consolidated district still qualifies as a small or sparse |
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district. |
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SECTION 15. Section 42.007(c), Education Code, is amended |
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to read as follows: |
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(c) The funding elements must include: |
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(1) a basic allotment for the purposes of Section |
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42.101 that, when combined with the guaranteed yield component |
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provided by Subchapter F, represents the cost per student of a |
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regular education program that meets all mandates of law and |
|
regulation; |
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(2) [adjustments designed to reflect the variation in
|
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known resource costs and costs of education beyond the control of
|
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school districts;
|
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[(3)] appropriate program cost differentials and |
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other funding elements for the programs authorized under Subchapter |
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C, with the program funding level expressed as dollar amounts and as |
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weights applied to the adjusted basic allotment for the appropriate |
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year; |
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(3) [(4)] the maximum guaranteed level of qualified |
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state and local funds per student for the purposes of Subchapter F; |
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(4) [(5)] the enrichment [and facilities] tax rate |
|
under Subchapter F; |
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(5) [(6)] the computation of students in weighted |
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average daily attendance under Section 42.302; and |
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(6) [(7)] the amount to be appropriated for the school |
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facilities assistance program under Chapter 46. |
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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: |
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(a-1) Notwithstanding Subsection (a), for a school district |
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that adopted a maintenance and operations tax rate for the 2005 tax |
|
year below the maximum rate permitted by law for that year, the |
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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 |
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defined by Subsection (a), until the district's compressed tax rate |
|
computed in accordance with this subsection is equal to the state |
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maximum compressed tax rate ("MCR"). |
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(a-2) Subsection (a-1) applies beginning with the 2017-2018 |
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school year. For the 2015-2016 and 2016-2017 school years, the |
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board of trustees of a school district that adopted a maintenance |
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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) |
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to the calculation of the district's compressed tax rate ("DCR"). A |
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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. |
|
SECTION 17. Section 42.103, Education Code, is amended to |
|
read as follows: |
|
Sec. 42.103. ADJUSTMENT BASED ON DISTRICT SIZE, INCLUDING |
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SMALL AND MID-SIZE [MID-SIZED] DISTRICT ADJUSTMENTS [ADJUSTMENT]. |
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(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
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student;
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[(2)] "ADA" is the number of students in average daily |
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attendance for which the district is entitled to an allotment under |
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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 |
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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: |
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($5,040 X (DTR/MCR)) + $125; |
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(7) "MSABA" is the amount used in determining a |
|
mid-size district's adjustment under this section that results from |
|
the following formula: |
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($5,040 X (DTR/MCR)) X MSPCT; and |
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(8) "MSPCT" is the percentage used to calculate a |
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mid-size adjustment, as provided by Subsection (g) |
|
[(3)
"ABA" is the adjusted basic allotment determined
|
|
under Section 42.102]. |
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(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: |
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SDA [AA] = ((1 + ((1,600 - ADA) X .0004)) X SDABA) - SDABA [ABA] |
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(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] |
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(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 |
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(2) MSA [AA] = ((1 + ((5,000 - ADA) X .000025)) X |
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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. |
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(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. |
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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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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. |
|
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. |
|
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. |
|
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. |
|
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]. |
|
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. |
|
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. |
|
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). |
|
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. |
|
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. |
|
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). |
|
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. |
|
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. |
|
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. |
|
SECTION 32. This Act takes effect September 1, 2015. |