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INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. Section 11.158(a),
Education Code, is amended.
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SECTION 1. Same as introduced
version.
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SECTION 2. Section 29.153(c),
Education Code, is amended.
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SECTION 2. Same as introduced
version.
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SECTION 3. Sections 29.918(a)
and (b), Education Code, are amended.
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SECTION 3. Same as introduced
version.
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SECTION 4. Subchapter C,
Chapter 30, Education Code, is amended by adding Section 30.0561, TRANSPORTATION
ALLOTMENT.
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SECTION 4. Same as introduced
version.
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SECTION 5. Section 30.087(c),
Education Code, is amended.
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SECTION 5. Same as introduced
version.
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SECTION 6. Section 34.007,
Education Code, is amended.
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SECTION 6. Same as introduced
version.
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SECTION 7. Section
39.0233(a), Education Code, is amended.
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SECTION 7. Same as introduced
version.
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SECTION 8. Section 41.099(a),
Education Code, is amended.
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SECTION 8. Same as introduced
version.
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SECTION 9. Section 41.257,
Education Code, is amended.
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SECTION 9. Same as introduced
version.
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SECTION 10. Section
42.006(a-1), Education Code, is amended.
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SECTION 10. Same as
introduced version.
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No
equivalent provision.
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SECTION 11. Section
42.101(a), Education Code, is amended to read as follows:
(a) For each student in
average daily attendance, not including the time students spend each day in
special education programs in an instructional arrangement other than
mainstream settings, [or] career and technology education
programs, or technology applications courses approved for high school
credit, for which an additional allotment is made under Subchapter C, a
district is entitled to an allotment equal to the lesser of $4,765 or the
amount that results from the following formula:
A = $4,765 X (DCR/MCR)
where:
"A" is the
allotment to which a district is entitled;
"DCR" is the
district's compressed tax rate, which is 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
"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.
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SECTION 11. Section
42.151(h), Education Code, is amended.
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SECTION 12. Same as
introduced version.
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No
equivalent provision.
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SECTION 13. Section
42.153(a), Education Code, is amended to read as follows:
(a) For each student in
average daily attendance in a bilingual education or special language
program under Subchapter B, Chapter 29, a district is entitled to an annual
allotment equal to the adjusted basic allotment multiplied by 0.11 [0.1].
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No
equivalent provision.
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SECTION 14. The heading to
Section 42.154, Education Code, is amended to read as follows:
Sec. 42.154. CAREER AND
TECHNOLOGY EDUCATION AND TECHNOLOGY APPLICATIONS ALLOTMENT.
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SECTION 12. Section
42.154(c), Education Code, is amended to read as follows:
(c) Funds allocated under
this section, other than an indirect cost allotment established under State
Board of Education rule or amounts made available for the transportation
of career and technology education students, must be used in providing
career and technology education programs in grades 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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SECTION 15. Sections
42.154(a), (b), (c), and (e), 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, in a 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:
(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.
(b)
In this section, "full-time equivalent student" means 30 hours of
contact a week between a student and career and technology education
program or technology applications personnel.
(c) Funds allocated under
this section, other than an indirect cost allotment established under State
Board of Education rule or amounts made available 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,
technology applications courses approved for high school credit,
or career and technology education programs for students with disabilities
in grades seven through 12 under Sections 29.182, 29.183, and 29.184.
(e)
Out of the total statewide allotment [for career and technology
education] under this section, the commissioner shall set aside an
amount specified in the General Appropriations Act, which may not exceed an
amount equal to one percent of the total amount appropriated, to support
regional career and technology education planning. 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, the commissioner shall reduce each district's tier one
allotments in the same manner described for a reduction in allotments under
Section 42.253.
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SECTION 13. Section 42.1541(a),
Education Code, is amended.
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SECTION 16. Same as
introduced version.
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SECTION 14. Subchapter C,
Chapter 42, Education Code, is amended by adding Section 42.1561, ALLOTMENT
FOR STUDENT WITH DYSLEXIA OR RELATED DISORDER.
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SECTION 17. Same as
introduced version.
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No
equivalent provision.
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SECTION 18. Section
42.2518(a), Education Code, as effective September 1, 2017, is amended to
read as follows:
(a) 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 and
Chapter 41 is less than the state and local revenue that would have been
available to the district under Chapter 41 and this chapter 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)-(g), 42.155, 42.160, 42.2513, or 42.2516,
if the increase in the residence homestead exemption under Section 1-b(c),
Article VIII, Texas Constitution, and the additional limitation on tax
increases under Section 1-b(d) of that article as proposed by S.J.R. 1,
84th Legislature, Regular Session, 2015, had not occurred.
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No
equivalent provision.
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SECTION 19. Sections
42.259(c), (d), and (f), Education Code, are amended to read as follows:
(c) Payments from the
foundation school fund to each category 2 school district shall be made as
follows:
(1) 22 percent of the yearly
entitlement of the district shall be paid in an installment to be made on
or before the 25th day of September of a fiscal year;
(2) 18 percent of the yearly
entitlement of the district shall be paid in an installment to be made on
or before the 25th day of October;
(3) 9.5 percent of the yearly
entitlement of the district shall be paid in an installment to be made on
or before the 25th day of November;
(4) 7.5 percent of the yearly
entitlement of the district shall be paid in an installment to be made on
or before the 25th day of April;
(5) five percent of the
yearly entitlement of the district shall be paid in an installment to be
made on or before the 25th day of May;
(6) 10 percent of the yearly
entitlement of the district shall be paid in an installment to be made on
or before the 25th day of June;
(7) 13 percent of the yearly
entitlement of the district shall be paid in an installment to be made on
or before the 25th day of July; and
(8) 15 percent of the yearly
entitlement of the district shall 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) [on or before the 25th day of August].
(d) Payments from the
foundation school fund to each category 3 school district shall be made as
follows:
(1) 45 percent of the yearly
entitlement of the district shall be paid in an installment to be made on
or before the 25th day of September of a fiscal year;
(2) 35 percent of the yearly
entitlement of the district shall be paid in an installment to be made on
or before the 25th day of October; and
(3) 20 percent of the yearly
entitlement of the district shall 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) [on or before the 25th day of August].
(f) Except as provided by Subsection
(c)(8) or (d)(3), previously [Previously] unpaid additional
funds from prior fiscal years owed to a district shall be paid to the
district together with the September payment of the current fiscal year
entitlement.
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No
equivalent provision.
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SECTION 20. Sections
42.2591(c) and (e), Education Code, are amended to read as follows:
(c) Payments from the
foundation school fund to an open-enrollment charter school under this
section shall be made as follows:
(1) 22 percent of the yearly
entitlement of the school shall be paid in an installment to be made on or
before the 25th day of September of a fiscal year;
(2) 18 percent of the yearly
entitlement of the school shall be paid in an installment to be made on or
before the 25th day of October;
(3) 9.5 percent of the yearly
entitlement of the school shall be paid in an installment to be made on or
before the 25th day of November;
(4) four percent of the
yearly entitlement of the school shall be paid in an installment to be made
on or before the 25th day of December;
(5) four percent of the
yearly entitlement of the school shall be paid in an installment to be made
on or before the 25th day of January;
(6) four percent of the
yearly entitlement of the school shall be paid in an installment to be made
on or before the 25th day of February;
(7) four percent of the
yearly entitlement of the school shall be paid in an installment to be made
on or before the 25th day of March;
(8) 7.5 percent of the yearly
entitlement of the school shall be paid in an installment to be made on or
before the 25th day of April;
(9) five percent of the
yearly entitlement of the school shall be paid in an installment to be made
on or before the 25th day of May;
(10) seven percent of the
yearly entitlement of the school shall be paid in an installment to be made
on or before the 25th day of June;
(11) seven percent of the
yearly entitlement of the school shall be paid in an installment to be made
on or before the 25th day of July; and
(12) eight percent of the
yearly entitlement of the school shall 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) [on or before the 25th day of August].
(e) Except as provided by
Subsection (c)(12), previously [Previously] unpaid additional
funds from prior fiscal years owed to an open-enrollment charter school
shall be paid to the school together with the September payment of the
current fiscal year entitlement.
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SECTION 15. Section
42.302(a), Education Code, is amended.
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SECTION 21. Same as
introduced version.
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SECTION 16. Chapter 42,
Education Code, is amended by adding Subchapter H to read as follows:
SUBCHAPTER H. FINANCIAL
HARDSHIP TRANSITION PROGRAM
Sec. 42.451. FINANCIAL
HARDSHIP GRANTS. (a) From amounts appropriated for this subchapter, the
commissioner may administer a grant program that provides grants to eligible school districts that have
suffered financial hardship.
(b) A district seeking a grant under this subchapter must apply
to the commissioner in the manner and within the time prescribed by the
commissioner. A district may only submit one application each year.
(c) In awarding grants
under this subchapter, the commissioner shall give
priority to districts experiencing financial hardship as provided by
Section 42.453.
(d) Funding provided to a
district under this subchapter is in addition to all other funding provided
under Chapter 41 and this chapter.
(e) The commissioner may
obtain additional information as needed from a district or other state or
local agency to make determinations in awarding grants under this
subchapter.
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SECTION 22. Chapter 42,
Education Code, is amended by adding Subchapter H to read as follows:
SUBCHAPTER H. FINANCIAL
HARDSHIP TRANSITION PROGRAM
Sec. 42.451. FINANCIAL
HARDSHIP GRANTS. (a) From amounts appropriated for this subchapter, the
commissioner may 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) The commissioner shall
award grants under this subchapter to
districts as provided by Section 42.452.
(c) Funding provided to a
district under this subchapter is in addition to all other funding provided
under Chapter 41 and this chapter.
(d) The commissioner may
obtain additional information as needed from a district or other state or
local agency to make determinations in awarding grants under this
subchapter.
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Sec. 42.452. ELIGIBILITY.
(a) A school district is eligible to receive a grant under this subchapter
if the commissioner determines that the amount of the district's state and
local maintenance and operations revenue per student in weighted average
daily attendance for the school year for which the district applies for a
grant is less than the amount of the district's state and local maintenance
and operations revenue per student in weighted average daily attendance for
the 2016-2017 school year.
(b) For purposes of making
the determinations required by Subsection (a), the commissioner shall:
(1) use the greater of a
district's adopted maintenance and operations tax rate for the 2016 tax
year or the tax year for which the district applies for a grant;
(2) if a district has a
compressed tax rate, as defined by Section 42.101, of less than $1, include
all additional tax effort available to the district in calculating its
compressed tax rate under Section 42.101(a-1) for the 2016-2017 school year
and the school year for which the district applies for a grant;
(3) exclude any decrease
in property value attributable to a reduction in value under Chapter 313,
Tax Code, or to any other reduction in value for which a district is held
harmless; and
(4) for the school year
for which the district applies for a grant, include any funds received by
the district under Chapter 41 or this chapter that offset a loss in
revenue, including:
(A) a reduction in the
total amount required to be paid by a district for attendance credits under
Section 41.0931; or
(B) an adjustment under
Subchapter E.
(c) Based on the
determinations made under Subsection (a), the commissioner shall calculate
a district's loss of revenue per student in weighted average daily attendance
and the percentage decline in funding between the 2016-2017 school year and
the school year for which the district applies for a grant.
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No
equivalent provision.
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Sec. 42.453. PRIORITY FOR
GRANTS. (a) The commissioner shall award grants by giving priority to
school districts in the following order:
(1) first, to districts
for which the loss of revenue is the result of the loss of state aid that
would have been provided under former Section 42.2516, as that section
existed on January 1, 2017;
(2) second, to districts
for which the loss of revenue is a result of the changes made by _.B. No.
___, Acts of the 85th Legislature, Regular Session, 2017; and
(3) third, to districts
for which the loss of revenue is the result of other financial hardships described
in the district's grant application.
(b) The commissioner shall
rank each district's grant application according to the highest priority
applicable to the district.
(c) In each priority
category, the commissioner shall rank the application of the district with
the greatest percentage decline in revenue first and the application of the
district with the smallest percentage decline last.
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No
equivalent provision.
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Sec. 42.454. AWARD OF
GRANTS; AMOUNT. (a) The commissioner shall award grants to school districts
based on the priority category provided
under Section 42.453 and the district's ranking in the priority category.
(b) Subject to Sections 42.455 and 42.456, the commissioner
shall award each district a grant in an amount equal to the difference
between the district's state and local maintenance and operations revenue
per student in weighted average daily attendance for the 2016-2017 school
year and the school year for which the grant is awarded, multiplied by the
number of students in weighted average daily attendance during the school
year for which the grant is awarded.
Sec. 42.455. LIMITATION ON
GRANT AMOUNT. A school district may not receive a grant that exceeds the
lesser of:
(1) the amount determined under Section 42.454(b); or
(2) the amount that would increase the district's revenue per
student in weighted average daily attendance to an amount that is equal to
125 percent of the average state and local maintenance and operations revenue
per student in weighted average daily attendance for the 2016-2017 school
year.
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Sec. 42.452. AWARD OF
GRANTS; AMOUNT. (a) The commissioner shall award grants to school districts
based on the following formula:
HG = (PL-CL) X (TR) X (TAHG/TEHG)
where:
"HG" is the amount of a district's hardship grant;
"PL" is the amount of funding under previous law to
which a district would be entitled under Chapter 41 and this chapter as
those chapters existed on January 1, 2017, determined using current school
year data for the district;
"CL" is the amount of current law funding under
Chapter 41 and this chapter to which a district is entitled;
"TR" is a district's maintenance and operations tax
rate, as specified by the comptroller's most recent certified report;
"TAHG" is the total funding available for grants under
Section 42.455 for a school year; and
"TEHG" is the sum of the combined amounts for all
districts calculated by applying the formula (PL-CL) X (TR) for each
district.
(b) A school district's
hardship grant awarded under this subchapter for
a school year may not exceed the lesser of:
(1) the amount equal to 10 percent of the total amount of funds
available for grants under this subchapter for that school year; or
(2) the amount by which "PL" exceeds "CL" for
that district for that school year.
(c) For purposes of calculating the formula under Subsection
(a), the commissioner shall:
(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, Chapter 11, 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) If funds remain available under this subchapter for a school
year after determining initial grant amounts under Subsection (a), as
adjusted to reflect the limits imposed by Subsection (b), the commissioner
shall reapply the formula as necessary to award all available funds.
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No
equivalent provision.
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Sec. 42.453. ELIGIBILITY
OF OPEN-ENROLLMENT CHARTER SCHOOL. An open-enrollment charter school is
eligible for a grant under this subchapter in the same manner as a school
district.
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No
equivalent provision.
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Sec. 42.454. REGIONAL
EDUCATION SERVICE CENTERS AND COUNTY DEPARTMENTS OF EDUCATION NOT ELIGIBLE.
A regional education service center or a county department of education is
not eligible for a grant under this subchapter.
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Sec. 42.456. FUNDING LIMIT. (a) The amount appropriated for
grants under this subchapter may not exceed $100 million in a school year.
If the total amount of grants awarded for a school year exceeds the amount
appropriated for purposes of this subchapter, the commissioner shall reduce
each school district's grant proportionally.
(b) Notwithstanding Section 42.455, a district may not receive a
grant under this subchapter for a school year in an amount that is greater
than 10 percent of the total amount of funds available under this
subchapter for that year.
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Sec. 42.455. FUNDING LIMIT. The amount of grants awarded by the
commissioner under this subchapter may not exceed $125 million, or a
greater amount provided by appropriation, for the 2017-2018 school year or
$75 million, or a greater amount provided by appropriation, for the
2018-2019 school year.
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No
equivalent provision.
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Sec. 42.456. NO ADJUSTMENT
BASED ON REVISED DATA. The commissioner may not adjust 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.
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Sec. 42.457. RULES. The
commissioner may adopt rules as necessary to administer this subchapter, including rules establishing eligibility criteria
for a school district to receive a grant.
Sec. 42.458. DETERMINATION
FINAL.
Sec. 42.459. EXPIRATION.
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Sec. 42.457. RULES. The
commissioner may adopt rules as necessary to administer this subchapter.
Sec. 42.458. DETERMINATION
FINAL.
Sec. 42.459. EXPIRATION.
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No
equivalent provision.
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SECTION 23. 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, is
reenacted and amended to read as follows:
(c) The [Each
August the] comptroller shall:
(1) estimate the amount to be
transferred to the foundation school fund on or before September 15; and
(2) notwithstanding
Subsection (b)(4), transfer the amount estimated in Subdivision (1) to the
foundation school fund before [August] installment payments are made
under Section 42.259(c)(8) or (d)(3) [42.259], Education
Code.
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SECTION 17. 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 42.1541(c);
(8) Section 42.155;
(9) Section 42.160; and
(10) Section 42.2513.
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SECTION 24. Same as
introduced version.
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No
equivalent provision.
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SECTION 25. The 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. 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.
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SECTION 18. This Act takes
effect September 1, 2017.
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SECTION 26. Same as
introduced version.
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