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BILL ANALYSIS

 

 

Senate Research Center

H.B. 21

 

By: Huberty et al. (Taylor, Larry)

 

Education

 

5/11/2017

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

H.B. 21 is intended to update formulas used to determine entitlement under the Foundation School Program (FSP) and sets the minimum basic allotment equal to $5,140.

 

H.B. 21 amends the small district adjustment applied to the basic allotment for districts with boundaries encompassing less than 300 square miles. Beginning in fiscal year 2019, the bill would increase the small district adjustment for these districts each year through fiscal year 2024 until the adjustment is equal to the level currently provided for small districts encompassing 300 or more square miles.

 

H.B. 21 creates a new special purpose allotment to the FSP providing weighted funding for each student in average daily attendance (ADA) receiving instruction in a dyslexia program or who has received instruction in such a program and continues to receive academic modification and accommodation. Funding per ADA would be equal to a district's adjusted allotment multiplied by a weight of 0.1. Funding would be limited to a total of five percent (5%) of total ADA. Funding received through the allotment could only be used to provide services to students with dyslexia or related disorders.

 

H.B. 21 increases the bilingual education allotment from 0.1 to 0.11 and expands weighted funding under the FSP career and technology education allotment to include participation by students in grade 8 and attendance in technology applications courses that result in high school credit.

 

H.B. 21 increases the per-student amount of funding awarded under the New Instructional Facilities Allotment but would not change the overall total amount of funding that may be appropriated for the program.

 

H.B. 21 repeals a number of separate funding streams that either flow outside the equalized system or are not fully realized by all school districts due to exclusion from the calculation of the count of weighted students. The bill repeals current provisions that result in a higher equalized wealth level for certain districts based on the district's 1992-1993 revenue per student plus the indexed change between the current equalized wealth level and the level established in 1993.

 

Beginning with fiscal year 2019, the bill would defer the August Foundation School Fund (FSF) payment until early September.

 

H.B. 21 creates a grant program for fiscal years 2018 and 2019 to provide transition aid for school district financial hardship. Grant awards would be provided according to a specified formula.

 

Subject to the receipt of gifts, grants, donations or other contributions, the commissioner of education is required to conduct a study concerning the provision of career and technology education courses during the summer and to students enrolled below the 8th grade level.

 

The commissioner is also directed to conduct a review of technology applications and career and technology courses for grades 9-12 and provide recommendations to the State Board of Education to eliminate duplicative courses and ensure certifications are aligned with the rigor of each course.

 

H.B. 21 amends current law relating to the public school finance system.

 

RULEMAKING AUTHORITY

 

Rulemaking authority is expressly granted to the commissioner of education (commissioner) in SECTION 34 (Section 42.457, Education Code) of this bill.

 

Rulemaking authority previously granted to the commissioner is modified in SECTION 15 (Section 42.006, Education Code) of this bill.

 

Rulemaking authority previously granted to the State Board of Education is modified in SECTION 26 (Section 42.1541, Education Code) of this bill.

 

Rulemaking authority previously granted to the commissioner is rescinded in SECTION 36 (Sections 39.233, 39.234, 42.155, 42.160, and 42.2513, Education Code) of this bill.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 7.055(b), Education Code, by adding Subdivision (42), to authorize the commissioner of education (commissioner) to accept a gift, donation, or other contribution on behalf of the public school system or the Texas Education Agency (TEA) and, unless otherwise specified by the donor, to use the contribution for the benefit of the public school system or TEA in the manner the commissioner determines appropriate.

 

SECTION 2. Amends Section 7.062(c), Education Code, to delete a reference to Section 42.2517 (Excess Funds for Cost of Education Adjustment) from the list of sections that permit or direct the use of excess foundation school program funds.

 

SECTION 3. Amends Section 11.158(a), Education Code, as follows:

 

(a) Authorizes a board of trustees of an independent school district (board; district) to require payment of:

 

(1) through (13) makes no changes to these subdivisions;

 

(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. Deletes existing text prohibiting the board from charging a fee for transportation for which the school district receives funds under Section 42.155(d) (relating to authorizing a district or county to apply for an on approval of the commissioner receive an additional amount of to be used for the transportation of certain children); or

 

(15) makes a nonsubstantive change. Deletes existing Subsection (16) relating to a fee if the district does not receive any funds under Section 42.155 (Transportation Allotment) and does not participate in a county transportation system for which an allotment is provided.

 

SECTION 4. Amends Section 12.106(a-1), Education Code, effective September 1, 2018, as follows:

 

(a-1) Provides that in determining funding for an open-enrollment charter school under Subsection (a) (relating to a charter holder being entitled to receive certain funding):

 

(1) deletes existing reference to Section 42.103 (Small and Mid-Sized District Adjustment) and makes nonsubstantive changes; and

 

(2) the adjustment under Section 42.103 is based on the average adjustment for the state that would have been provided under that section as it existed on January 1, 2018.

 

SECTION 5. Amends Section 29.153(c), Education Code, to provide that a district is not required to provide transportation for a prekindergarten class, rather than providing that a district is not required to provide transportation for a prekindergarten class, but transportation, if provided, is included for funding purposes as part of the regular transportation system.

 

SECTION 6. Amends Subchapter F, Chapter 29, Education Code, by adding Section 29.194, as follows:

 

Sec. 29.194. STUDY ON CAREER AND TECHNOLOGY EDUCATION COURSES. (a) Requires the commissioner to conduct a study regarding the provision of career and technology education courses during the summer. Requires the study to analyze the feasibility of providing those courses during the summer, the potential demand for those courses during the summer, any funding considerations associated with providing those courses during the summer, and any other matter the commissioner determines appropriate.

 

(a-1) Requires the study to include an evaluation of the feasibility of extending career and technology education programs to students enrolled below the eighth grade level and providing funding for those programs.

 

(b) Requires the commissioner, not later than December 1, 2018, to submit to the governor and the members of the legislature a report on the results of the study and any recommendations for legislative or other action.

 

(c) Provides that the provisions of this section apply only if the commissioner receives sufficient money to pay for the study and report from gifts, donations, or other contributions that are authorized to be used for that purpose.

 

(d) Provides that this section expires September 1, 2019.

 

SECTION 7. Amends Sections 29.918(a) and (b), Education Code, as follows:

 

(a) Requires a school district or open-enrollment charter school with a high dropout rate, as determined by the commissioner, notwithstanding Section 42.152 (Compensatory Education Allotment), rather than Section 39.234 (Use of High School Allotment) or 42.152, to 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, rather than under Section 42.152 and the high school allotment under Section 42.160 (High School Allotment), for developing and implementing research-based strategies for dropout prevention. Requires the district or charter school to 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, rather than the compensatory education allotment or high school allotment, to which the plan applies.

 

(b) Makes conforming changes.

 

SECTION 8. Amends Subchapter C, Chapter 30, Education Code, by adding Section 30.0561, as follows:

 

Sec. 30.0561. TRANSPORTATION ALLOTMENT. Provides that the Texas School for the Deaf is entitled to a transportation allotment paid from the foundation school fund. Requires the commissioner to determine the appropriate allotment.

 

SECTION 9. Amends Section 30.087(c), Education Code, as follows:

 

(c) Authorizes a school district to 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, rather than determined in the same manner as an allotment for the transportation of other special education students.

 

SECTION 10. Amends Section 34.002(c), Education Code, as follows:

 

(c) Requires the commissioner to reduce the basic allotment provided under Section 42.101 (Basic Allotment) for each student in average daily attendance (ADA) by $125 for a school district that fails or refuses to meet the safety standards for school buses established under this section until the first anniversary of the date the district begins complying with the safety standards, rather than providing that a certain school district is ineligible to share in the transportation allotment under Section 42.155 until the first anniversary of the date the district begins complying with the safety standards.

 

SECTION 11. Amends Section 34.007, Education Code, by adding Subsection (c), as follows:

 

(c) Provides that a county transportation system is not entitled to receive funding for transportation costs directly from the state. Provides that 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 (Interlocal Cooperation Contracts), Government Code, under which the county provides transportation services for the participating districts.

 

SECTION 12. Amends Section 39.0233(a), Education Code, to delete a reference to Section 39.233 (Recognition of High School Completion and Success and College Readiness Programs).

 

SECTION 13. Amends Section 41.099(a), Education Code, to delete a reference to Section 41.002(e) (relating to prohibiting the wealth per student that a school district may have after exercising a certain option from being less than a certain amount).

 

SECTION 14. Amends Section 41.257, Education Code, as follows:

 

Sec. 41.257. New heading: APPLICATION OF SMALL AND SPARSE ADJUSTMENTS. Requires the budget of the consolidated district to apply the benefit of the adjustment or allotment to the schools of the consolidating district to which Section 42.103 or 42.105 (Sparsity Adjustment), rather than Section 42.103, 42.105, or 42.155, would have applied in the event that the consolidated district still qualifies as a small or sparse district.

 

SECTION 15. Amends Section 42.006(a-1), Education Code, to require the commissioner by rule to require each school district and open-enrollment charter school to report through the Public Education Information Management System information regarding the number of students enrolled in the district or school who are identified as having dyslexia or related disorders.

 

SECTION 16. Amends Section 42.101(a), Education Code, as follows:

 

(a) Provides that, for each student in ADA, not including the time students spend each day in special education programs in an instructional arrangement other than mainstream settings, career and technology education programs, or technology applications courses approved for high school credit, for which an additional allotment is made under Subchapter C (Special Allotments), a district is entitled to an allotment equal to the lesser of $5,140, rather than $4,765, or the amount that results from a certain formula.

 

SECTION 17. Amends Section 42.102, Education Code, by adding Subsection (c), as follows:

 

(c) Requires the commissioner, based on a statistical analysis conducted by the Legislative Budget Board (LBB) to determine for each school district the current geographic variation in known resource costs and costs of education due to factors beyond the control of the district, to update the cost of education index used for purposes of this section during the 2016-2017 school year. Authorizes the commissioner to periodically request more current statistical analysis from LBB and further update as needed the cost of education index.

 

SECTION 18. (a) Amends Sections 42.103(b) and (d), Education Code, effective September 1, 2023, as follows:

 

(b) Provides that the basic allotment of a school district that has not more than 1,600 students in ADA, rather than the basic allotment of a school district that contains at least 300 square miles and has not more than 1,600 students in ADA, is adjusted by applying a certain formula.

 

(d) Provides that the basic allotment of a certain school district is adjusted by applying the formula, of the following formulas, that results in the greatest adjusted allotment:

 

(1) the formula in Subsection (b), if the district is eligible for that formula, rather than the formula in Subsection (b) or (c) for which the district is eligible; or

 

(2) makes no change to this subdivision.

 

(b) Repealer: Section 42.103(c) (relating to the formula applied to the basic allotment of a certain school district), Education Code, effective September 1, 2023.

 

SECTION 19. Amends Section 42.103(c), Education Code, effective September 1, 2018, as follows:

 

(c) Provides that the basic allotment of a school district that contains less than 300 square miles and has not more than 1,600 students in ADA is adjusted by applying the following formulas, rather than formula:

 

(1) sets forth the formula for the fiscal year beginning September 1, 2018;

 

(2) sets forth the formula for the fiscal year beginning September 1, 2019;

 

(3) sets forth the formula for the fiscal year beginning September 1, 2020;

 

(4) sets forth the formula for the fiscal year beginning September 1, 2021; and

 

(5) sets forth the formula for the fiscal year beginning September 1, 2022.

 

SECTION 20. Amends Subchapter B, Chapter 42, Education Code, by adding Section 42.1041, as follows:

 

Sec. 42.1041. INELIGIBILITY FOR SMALL OR MID-SIZED DISTRICT ADJUSTMENT OR SPARSITY ADJUSTMENT. (a) Provides that this section applies only to a school district that borders the Red River and has a student enrollment of less than 90, with more than 50 percent of the enrollment consisting of students who have transferred from another school district.

 

(b) Provides that, notwithstanding Section 42.103, 42.104, or 42.105, a school district to which this section applies is ineligible for an adjustment under Section 42.103 or 42.105 for any school year during which the district:

 

(1) issues bonds for the construction of a new instructional facility on property more than five miles from a property that before the issuance of the bonds was owned by the district and was the location of an instructional facility for the previous five years; or

 

(2) makes payments on bonds described by Subdivision (1).

 

SECTION 21. Amends Subchapter B, Chapter 42, Education Code, by adding Section 42.107, as follows:

 

Sec. 42.107. SPECIAL-PURPOSE SCHOOL DISTRICTS OPERATED BY GENERAL ACADEMIC TEACHING INSTITUTIONS. (a) Requires the commissioner, in each fiscal year of the biennium, to allocate funding from the foundation school program to each special-purpose school district established under Section 11.351 (Authority to Establish Special-Purpose School District) that is operated by a general academic teaching institution as defined by Section 61.003 (Definitions), in a certain amount.

(b) Requires the commissioner, in allocating funding to special-purpose school districts under this section, to use a payment schedule consistent with the payment schedule adopted for open-enrollment charter schools.

 

(c) Prohibits a special-purpose school district that receives state funding for a resident student under this section from charging tuition or fees to that student for the academic term for which state funding is received, beyond fees permitted under Section 11.158 (Authority to Charge Fees).

 

(d) Authorizes a special-purpose school district to elect not to receive state funding under this section.

 

SECTION 22. Amends Section 42.151(h), Education Code, to require funds allocated under this section, other than an indirect cost allotment established under State Board of Education (SBOE) rule or amounts made available for the transportation of special education students, to be used in the special education program under Subchapter A (Special Education Program), Chapter 29 (Educational Programs).

 

SECTION 23. Amends Section 42.153(a), Education Code, to change a reference to 0.1 to 0.11 in the multiplier for the adjusted basic allotment.

 

SECTION 24. Amends the heading to Section 42.154, Education Code, to read as follows:

 

Sec. 42.154. CAREER AND TECHNOLOGY EDUCATION AND TECHNOLOGY APPLICATIONS ALLOTMENT.

 

SECTION 25. Amends Sections 42.154(a), (b), (c), and (e), Education Code, as follows:

 

(a) Provides that, for each full-time equivalent student in ADA in an approved career and technology education program in grades eight through 12, rather than nine through 12, in technology applications course approved for high school credit, or in career and technology education programs for students with disabilities in grades seven through 12, a district is entitled to certain funds.

 

(b) Redefines "full-time equivalent student."

 

(c) Requires funds allocated under this section, other than an indirect cost allotment established under SBOE rule or amounts made available for the transportation of career and technology education students, to be used in providing career and technology education programs in grades eight through 12, rather than nine through 12, technology applications courses approved for high school credit, or certain career and technology education programs.

 

(e) Requires the commissioner, out of the total statewide allotment, rather than out of the total statewide allotment for career and technology education, under this section, to set aside a certain amount to support regional career and technology education planning. Requires the commissioner, after deducting the amount set aside under this subsection from the total amount appropriated for career and technology education and technology applications under this section, to make certain reductions.

 

SECTION 26. Amends Section 42.1541(a), Education Code, as follows:

 

(a) Requires SBOE, for the 2017-2018 and subsequent school years, by rule to revise the indirect cost allotments established under Sections 42.151(h) (relating to requiring certain funds, to be used in a certain special education program), 42.152(c) (relating to requiring certain funds to be used to fund certain supplemental programs and services designed to eliminate disparity), 42.153(b) (relating to requiring certain funds to be used in providing bilingual education or special language programs), and 42.154(c) and in effect for the 2016-2017 school year to reflect any increase in the percentage of total maintenance and operations funding represented by the basic allotment as a result of Acts of the 85th Legislature, Regular Session, 2017. Deletes existing text requiring SBOE by rule to increase the indirect cost allotments established under Sections 42.151(h), 42.152(c), 42.153(b), and 42.154(a-1) and (c) and in effect for the 2010-2011 school year 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 82nd Legislature, 1st Called Session, 2011.

 

SECTION 27. Amends Subchapter C, Chapter 42, Education Code, by adding Section 42.1561, as follows:

 

Sec. 42.1561. ALLOTMENT FOR STUDENT WITH DYSLEXIA OR RELATED DISORDER. (a) Provides that subject to Subsection (b), for each student that a school district serves who has been identified as having dyslexia or a related disorder, the 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 0.1 for each school year or a greater amount provided by appropriation.

 

(b) Provides that a school district is entitled to the allotment under Subsection (a) only for a student who:

 

(1) is receiving certain instruction; or

 

(2) has received the instruction described by Subdivision (1) and is permitted, on the basis of having dyslexia or a related disorder, to use modifications in the classroom and accommodations in the administration of assessment instruments under Section 39.023 (Adoption and Administration of Instruments).

 

(c) Requires funds allotted under this section to be used in providing services to students with dyslexia or related disorders.

 

(d) Authorizes a school district to receive funding for a student under this section and Section 42.151 (Special Education) if the student satisfies the requirements of both sections.

 

(e) Provides that not more than five percent of a district's students in ADA are eligible for funding under this section.

 

SECTION 28. Amends Sections 42.158(b), (d-1), and (g), Education Code, as follows:

 

(b) Increases from $250 to $1,000 the allotment for each student in ADA at a new instructional facility.

 

(d-1) Makes conforming changes.

 

(g) Defines "new instructional facility" and makes nonsubstantive changes.

 

SECTION 29. Amends Section 42.2518(a), Education Code, as effective September 1, 2017, as follows:

 

(a) Provides that, beginning with the 2017-2018 school year, a school district is entitled to additional state aid to the extent that state and local revenue under this chapter (Foundation School Program) and Chapter 41 (Equalize Wealth Level) is less than the state and local revenue that would have been available to the district under this chapter and Chapter 41 as those chapters existed on September 1, 2015, excluding any state aid or adjustment in wealth per student that would have been provided under former Section 41.002(e) through (g) (relating to the equalized wealth level), 42.155, 42.160, 42.2513 (Additional State Aid for Staff Salary Increases), or 42.2516 (Additional State Aid for Tax Reduction), if certain provisions had not occurred.

 

SECTION 30. Amends Subchapter E, Chapter 42, Education Code, by adding Section 42.2541, as follows:

 

Sec. 42.2541. ESTIMATED PROJECTIONS. (a) Defines "equivalent equalized wealth level."

 

(b) Requires TEA, not later than November 1 of each even-numbered year, to:

 

(1) submit to the legislature a projection for an equivalent equalized wealth level for the following biennium based on a certain estimate made by TEA; and

 

(2) provide projections for the equalized funding elements under Section 42.007 (Equalized Funding Elements) for the following biennium as necessary to achieve the equivalent equalized wealth level projected under Subdivision (1).

 

SECTION 31. Amends Sections 42.259(c), (d), and (f), Education Code, as follows:

 

(c) Requires payments from the foundation school fund to each category 2 school district to be made as follows:

 

(1) through (7) makes no changes to these subdivisions; and

 

(8) 15 percent of the yearly entitlement of the district is required to be paid in an installment to be made after the 5th day of September and not later than the 10th day of September of the calendar year following the calendar year of the payment made under Subdivision (1) (relating to the payment of 22 percent of the yearly entitlement of the district), rather than on or before the 25th day of August.

 

(d) Requires payments from the foundation school fund to each category 3 school district to be made as follows:

 

(1) and (2) makes no changes to these subdivisions; and

 

(3) 20 percent of the yearly entitlement of the district is required to be paid in an installment to be made after the 5th day of September and not later than the 10th day of September of the calendar year following the calendar year of the payment made under Subdivision (1) (relating to the payment of 45 percent of the yearly entitlement of the district), rather than on or before the 25th day of August.

 

(f) Requires previously unpaid additional funds from prior fiscal years owed to the district, except as provided by Subsection (c)(8) or (d)(3), to be paid to the district together with the September payment of the current fiscal year entitlement.

 

SECTION 32. Amends Sections 42.2591(c) and (e), Education Code, as follows:

 

(c) Requires payments from the foundation school fund to an open-enrollment charter school under this section to be made as follows:

 

(1) through (11) makes no changes to these subdivisions; and

 

(12) eight percent of the yearly entitlement of the school is required to be paid in an installment to be made after the 5th day of September and not later than the 10th day of September of the calendar year following the calendar year of the payment made under Subdivision (1) (relating to the payment of 22 percent of the yearly entitlement of the school), rather than on or before the 25th day of August.

 

(e) Requires previously unpaid additional funds from prior fiscal years owed to an open-enrollment charter school, except as provided by Subsection (c)(12), to be paid to the school together with the September payment of the current fiscal year entitlement.

 

SECTION 33. Amends Section 42.302(a), Education Code, to redefine "WADA" within a certain formula.

 

SECTION 34. Amends Chapter 42, Education Code, by adding Subchapter H, as follows:

 

SUBCHAPTER H. FINANCIAL HARDSHIP TRANSITION PROGRAM

 

Sec. 42.451. FINANCIAL HARDSHIP GRANTS. (a) Authorizes the commissioner, from amounts appropriated for this subchapter, to administer a grant program that provides grants to school districts to defray financial hardships resulting from changes made to Chapter 41 and this chapter that apply after the 2016-2017 school year.

 

(b) Requires the commissioner to award grants under this subchapter to districts as provided by Section 42.452.

 

(c) Provides that funding provided to a district under this subchapter is in addition to all other funding provided under Chapter 41 and this chapter.

 

(d) Authorizes the commissioner to obtain additional information as needed from a district or other state or local agency to make determinations in awarding grants under this subchapter.

 

Sec. 42.452. AWARD OF GRANTS; AMOUNT. (a) Requires the commissioner to award grants to school districts based on a certain formula.

 

(b) Prohibits a school district's hardship grant awarded under this subchapter for a school year from exceeding the lesser of the amount equal to 10 percent of the total amount of funds available for grants under this subchapter for that school year or the amount by which "PL" exceeds "CL" for that district for that school year.

 

(c) Requires the commissioner, for purposes of calculating the formula under Subsection (a), to:

 

(1) if the value of (PL-CL) for a school district results in a negative number, use zero for the value of (PL-CL);

 

(2) use a maintenance and operations tax rate ("TR") of $1 for each open-enrollment charter school, each special-purpose school district established under Subchapter H (Special-Purpose School Districts), Chapter 11 (School Districts), and the South Texas Independent School District; and

 

(3) if (TAHG/TEHG) equals a value greater than one, use a value of one for (TAHG/TEHG).

 

(d) Requires the commissioner, if funds remain available under this subchapter for a school year after determining initial grant amount under Subsection (a), as adjusted to reflect the limits imposed by Subsection (b), to reapply the formula as necessary to award all available funds.

 

Sec. 42.453. ELIGIBILITY OF OPEN-ENROLLMENT CHARTER SCHOOL. Provides that an open-enrollment charter school is eligible for a grant under this subchapter in the same manner as a school district.

 

Sec. 42.454. REGIONAL EDUCATION SERVICE CENTERS AND COUNTY DEPARTMENTS OF EDUCATION NOT ELIGIBLE. Provides that a regional education service center or a county department of education is not eligible for a grant under this subchapter.

 

Sec. 42.455. FUNDING LIMIT. Prohibits the amount of grants awarded by the commissioner under this subchapter from exceeding $125 million for the 2017-2018 school year or $34 million for the 2018-2019 school year.

 

Sec. 42.456. NO ADJUSTMENT BASED ON REVISED DATA. Prohibits the commissioner from adjusting the amount of a school district's grant under this subchapter based on revisions to the district's data received after a grant has been awarded.

 

Sec. 42.457. RULES. Authorizes the commissioner to adopt rules as necessary to administer this subchapter.

 

Sec. 42.458. DETERMINATION FINAL. Provides that a determination by the commissioner under this subchapter is final and is prohibited from being appealed.

 

Sec. 42.459. EXPIRATION. Provides that this subchapter expires September 1, 2019.

 

SECTION 35. Reenacts Section 466.355(c), Government Code, as repealed by Chapter 431 (S.B. 559), Acts of the 83rd Legislature, Regular Session, 2013, and amended by Chapter 1410 (S.B. 758), Acts of the 83rd Legislature, Regular Session, 2013, and amends it, as follows:

 

(c) Requires the comptroller, rather than each requires the comptroller each August, to:

 

(1) makes no change to this subdivision; and

 

(2) notwithstanding Subsection (b)(4) (relating to the distribution of money in the state lottery account), transfer the amount estimated in Subdivision (1) to the foundation school fund before installment payments, rather than August installment payments, are made under Section 42.259(c)(8) or (d)(3), rather than Section 42.259, Education Code.

 

SECTION 36. Repealer: Section 29.097(g) (relating to a school district using certain funds), Education Code.

 

Repealer: Section 29.098(e) (relating to a school district using certain funds), Education Code.

 

Repealer: Section 39.233 (Recognition of High School Completion and Success and College Readiness Programs), Education Code.

 

Repealer: Section 39.234 (Use of High School Allotment), Education Code.

 

Repealers: Sections 41.002(e) (relating to the wealth per student a school district is allowed to have), (f) (relating to a school district's effective tax rate), and (g) (relating to the formula used for wealth per student that a district is authorized to have), Education Code.

 

Repealer: Section 42.1541(c) (relating to requiring SBOE to take certain action by a certain date), Education Code.

 

Repealer: Section 42.155 (Transportation Allotment), Education Code.

 

Repealer: Section 42.160 (High School Allotment), Education Code.

 

Repealer: Section 42.2513 (Additional State Aid for Staff Salary Increases), Education Code.

 

Repealer: Section 42.2517 (Excess Funds For Cost of Education Adjustment), Education Code.

 

SECTION 37. Provides that a school district that is entitled under Section 42.158, Education Code, to receive funding in the 2017-2018 school year for the second year of student attendance at a new instructional facility is entitled for that year to the amount provided for the second year of student attendance as a result of the changes in law made by this Act.

 

SECTION 38. Provides that changes made by this Act to Sections 42.259 and 42.2591, Education Code, apply only to a payment from the foundation school fund that is made on or after September 1, 2018. Provides that a payment to a school district from the foundation school fund that is made before that date is governed by Sections 42.259 and 42.2591, Education Code, as those sections existed before amendment by this Act, and the former law is continued in effect for that purpose.

 

SECTION 39. Requires TEA, not later than March 1, 2019, to conduct a review of technology applications and career and technology courses for grades 9 through 12 and provide recommendations to SBOE for eliminating duplicative courses while ensuring certifications are aligned with the rigor of each individual course.

 

SECTION 40. Effective date, except as otherwise provided by this Act: September 1, 2017.