By: King of Hemphill H.B. No. 2442

(Senate Sponsor - Taylor of Galveston)

(In the Senate - Received from the House May 5, 2017; May 11, 2017, read first time and referred to Committee on Education; May 23, 2017, reported adversely, with favorable Committee Substitute by the following vote: Yeas 9, Nays 0; May 23, 2017, sent to printer.) Click here to see the committee vote

COMMITTEE SUBSTITUTE FOR H.B. No. 2442 By: Taylor of Galveston

A BILL TO BE ENTITLED

AN ACT

relating to the minimum amount of student instruction required to be provided by public schools and education programs and calculation of average daily attendance for public school students.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 25.081(a), (b), and (c), Education Code, are amended to read as follows:

(a) Except as authorized under [Subsection (b) of] this section, Section 25.084, or Section 29.0821, for each school year each school district must operate so that the district provides for at least 180 days of instruction for students. A district may elect to provide less than 180 days of instruction for students if the district provides at least 75,600 minutes of instruction, including intermissions and recesses, for students.

(b) The commissioner may approve the instruction of students for fewer than the number of days or minutes required under Subsection (a) if disaster, flood, extreme weather conditions, fuel curtailment, or another calamity causes the closing of schools.

(c) If the commissioner does not approve reduced instruction time under Subsection (b), a school district may add additional days to the district's normal school calendar or additional minutes to the end of the district's normal school hours as necessary to compensate for days or minutes of instruction lost due to school closures caused by disaster, flood, extreme weather conditions, fuel curtailment, or another calamity.

SECTION 2. Section 25.082, Education Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows:

(a) A school day shall be at least seven hours each day, including intermissions and recesses, except as provided by Subsection (a-1).

(a-1) Subsection (a) does not apply to a campus that only operates a program authorized as a half-day program by law or by rule or to a charter school operating under Chapter 12.

SECTION 3. Section 42.005, Education Code, is amended by amending Subsection (a) and adding Subsections (a-1), (g-1), and (i) through (o) to read as follows:

(a) In this chapter, average daily attendance is:

(1) the quotient of the sum of attendance for each day [of the minimum number of days] of instruction as described under Section 25.081(a) divided by the actual [minimum] number of days of instruction;

(2) for a district that operates under a flexible year program under Section 29.0821, the quotient of the sum of attendance for each actual day of instruction as permitted by Section 29.0821(b)(1) divided by the number of actual days of instruction as permitted by Section 29.0821(b)(1); or

(3) for a district that operates under a flexible school day program under Section 29.0822, the average daily attendance as calculated by the commissioner in accordance with Sections 29.0822(d) and (d-1).

(a-1) For purposes of calculating average daily attendance, a student is eligible for inclusion on the basis of a full day of attendance if the student is enrolled for at least 240 minutes of instructional time.

(g-1) The commissioner shall adopt rules to calculate average daily attendance for students participating in a blended learning program in which classroom instruction is supplemented with applied workforce learning opportunities, including participation of students in internships, externships, and apprenticeships.

(i) A district or a charter school operating under Chapter 12 that operates a prekindergarten program is eligible to receive one-half of average daily attendance under Subsection (a) if the district's or charter school's prekindergarten program provides at least:

(1) 32,400 minutes of instructional time to students; or

(2) 180 days of instruction to students, with a number of hours of instruction per day that results in the equivalent of 32,400 minutes of instructional time.

(j) A district or charter school is eligible to earn full average daily attendance under Subsection (a) if the district or school provides at least 43,200 minutes of instructional time to students enrolled in:

(1) a dropout recovery school or program operating under Section 12.1141(c) or Section 39.0548;

(2) an alternative education program operating under Section 37.008, if Section 25.082(a) does not apply to the program;

(3) a school program located at a day treatment facility, residential treatment facility, psychiatric hospital, or medical hospital;

(4) a school program offered at a correctional facility; or

(5) a school operating under Section 29.259.

(k) A charter school operating under a charter granted under Chapter 12 before September 1, 2015, is eligible to earn full average daily attendance under Subsection (a), as that subsection existed immediately before September 1, 2015, for:

(1) all campuses of the charter school operating before September 1, 2015; and

(2) any campus or site expansion approved on or after September 1, 2015.

(l) A school district campus described by Section 25.082(a-1) or charter school may operate more than one program and be eligible for full average daily attendance for each program if the programs operated by the district campus or charter school satisfy all applicable state and federal requirements.

(m) In accordance with rules adopted by the commissioner, each charter school operating under Chapter 12 shall notify the commissioner if the charter school will provide:

(1) at least 180 days of instruction for students; or

(2) less than 180 days of instruction for students, but at least 75,600 minutes of instruction, including intermissions and recess.

(n) The commissioner shall adopt rules necessary to implement this section, including rules that:

(1) establish the minimum amount of instructional time per day that allows a school district or charter school to be eligible for full average daily attendance, which may differ based on the instructional program offered by the district or charter school;

(2) establish the requirements necessary for a school district or charter school to be eligible for one-half of average daily attendance, which may differ based on the instructional program offered by the district or charter school; and

(3) proportionally reduce the average daily attendance for a school district if any campus or instructional program in the district provides fewer than the required minimum days or minutes of instruction to students.

(o) To assist school districts in implementing this section as amended by H.B. 2442, Acts of the 85th Legislature, Regular Session, 2017, or similar legislation, the commissioner may waive a requirement of this section or adopt rules to implement this section. This subsection expires at the end of the 2018-2019 school year.

SECTION 4. Section 25.081(e), Education Code, is repealed.

SECTION 5. This Act applies beginning with the 2017-2018 school year.

SECTION 6. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2017.

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