85R1787 KKA-F
  By: Watson S.B. No. 360
  relating to the transportation allotment provided under the
  Foundation School Program.
         SECTION 1.  Sections 42.155(b), (c), (e), (f), (i), (k), and
  (l), Education Code, are amended to read as follows:
         (b)  As used in this section, "eligible [:
               [(1)     "Regular eligible student" means a student who
  resides two or more miles from the student's campus of regular
  attendance, measured along the shortest route that may be traveled
  on public roads, and who is not classified as a student eligible for
  special education services.
               [(2)  "Eligible] special education student" means a
  student who is eligible for special education services under
  Section 29.003 and who would be unable to attend classes without
  special transportation services.
               [(3)     "Linear density" means the average number of
  regular eligible students transported daily, divided by the
  approved daily route miles traveled by the respective
  transportation system.]
         (c)  Each district or county operating a regular
  transportation system is entitled to an annual allotment equal to
  50 percent of [based on] the annual [daily] cost [per regular
  eligible student] of operating and maintaining the regular
  transportation system [and the linear density of that system]. The
  commissioner shall adopt rules necessary to implement this
  subsection, including rules that identify eligible components of a
  district's costs for purposes of computing a district's allotment.
  [In determining the cost, the commissioner shall give consideration
  to factors affecting the actual cost of providing these
  transportation services in each district or county. The average
  actual cost is to be computed by the commissioner and included for
  consideration by the legislature in the General Appropriations Act.
  The allotment per mile of approved route may not exceed the amount
  set by appropriation.]
         (e)  The commissioner may grant an amount set by
  appropriation for private or commercial transportation [for
  eligible students] from isolated areas for students who are not
  classified as eligible for special education services. The need
  for this type of transportation grant shall be determined on an
  individual basis and the amount granted shall not exceed the actual
  cost. The grants may be made only in extreme hardship cases. A
  grant may not be made if the students live within two miles of an
  approved school bus route.
         (f)  The cost of transporting career and technology
  education students from one campus to another inside a district or
  from a sending district to another secondary public school for a
  career and technology program or an area career and technology
  school or to an approved post-secondary institution under a
  contract for instruction approved by the agency shall be reimbursed
  based on the number of actual miles traveled times the district's
  cost per mile of the regular transportation system for the
  preceding year, as determined on the basis of the district's
  transportation operations report [official extracurricular travel
  per mile rate as set by the board of trustees and approved by the
         (i)  In the case of a district belonging to a county
  transportation system, the district's transportation allotment for
  purposes of determining a district's foundation school program
  allocations is determined on the basis of the number of students in
  average daily attendance in the district in comparison to the total
  number of students in average daily attendance of all districts
  belonging to the county transportation system [approved daily route
  miles in the district multiplied by the allotment per mile to which
  the county transportation system is entitled].
         (k)  Notwithstanding any other provision of this section,
  the commissioner may not reduce the allotment to which a district or
  county is entitled under this section because the district or
  county provides transportation for a [an eligible] student to and
  from a child-care facility, as defined by Section 42.002, Human
  Resources Code, or a grandparent's residence instead of the
  student's residence, as authorized by Section 34.007, if the
  transportation is provided within the approved routes of the
  district or county for the school the student attends.
         (l)  A school district may, with the funds allotted under
  this section, provide a bus pass or card for another transportation
  system to each student [who is eligible to use the regular
  transportation system of the district but] for whom the regular
  transportation system of the district is not a feasible method of
  providing transportation. The commissioner by rule shall provide
  procedures for a school district to provide bus passes or cards to
  students under this subsection.
         SECTION 2.  Section 11.158(a), Education Code, is amended to
  read as follows:
         (a)  The board of trustees of an independent school district
  may require payment of:
               (1)  a fee for materials used in any program in which
  the resultant product in excess of minimum requirements becomes, at
  the student's option, the personal property of the student, if the
  fee does not exceed the cost of materials;
               (2)  membership dues in student organizations or clubs
  and admission fees or charges for attending extracurricular
  activities, if membership or attendance is voluntary;
               (3)  a security deposit for the return of materials,
  supplies, or equipment;
               (4)  a fee for personal physical education and athletic
  equipment and apparel, although any student may provide the
  student's own equipment or apparel if it meets reasonable
  requirements and standards relating to health and safety
  established by the board;
               (5)  a fee for items of personal use or products that a
  student may purchase at the student's option, such as student
  publications, class rings, annuals, and graduation announcements;
               (6)  a fee specifically permitted by any other statute;
               (7)  a fee for an authorized voluntary student health
  and accident benefit plan;
               (8)  a reasonable fee, not to exceed the actual annual
  maintenance cost, for the use of musical instruments and uniforms
  owned or rented by the district;
               (9)  a fee for items of personal apparel that become the
  property of the student and that are used in extracurricular
               (10)  a parking fee or a fee for an identification card;
               (11)  a fee for a driver training course, not to exceed
  the actual district cost per student in the program for the current
  school year;
               (12)  a fee for a course offered for credit that
  requires the use of facilities not available on the school premises
  or the employment of an educator who is not part of the school's
  regular staff, if participation in the course is at the student's
               (13)  a fee for a course offered during summer school,
  except that the board may charge a fee for a course required for
  graduation only if the course is also offered without a fee during
  the regular school year;
               (14)  a reasonable fee for transportation of a student
  who lives within two miles of the school the student attends to and
  from that school[, except that the board may not charge a fee for
  transportation for which the school district receives funds under
  Section 42.155(d)];
               (15)  a reasonable fee, not to exceed $50, for costs
  associated with an educational program offered outside of regular
  school hours through which a student who was absent from class
  receives instruction voluntarily for the purpose of making up the
  missed instruction and meeting the level of attendance required
  under Section 25.092; or
               (16)  if the district does not receive any funds under
  Section 42.155 and does not participate in a county transportation
  system for which an allotment is provided under Section 42.155(i),
  a reasonable fee for the transportation of a student to and from the
  school the student attends.
         SECTION 3.  Section 42.155(d), Education Code, is repealed.
         SECTION 4.  This Act takes effect September 1, 2017.