|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to public school finance and public education. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
ARTICLE 1. PUBLIC SCHOOL FINANCE |
|
SECTION 1.001. Section 12.106, Education Code, is amended |
|
by amending Subsections (a) and (a-1) and adding Subsection (a-3) |
|
to read as follows: |
|
(a) A charter holder is entitled to receive for the |
|
open-enrollment charter school funding under Chapter 48 [42] equal |
|
to the amount of funding per student in weighted average daily |
|
attendance, excluding the allotment under Section 48.101 and |
|
enrichment funding under Section 48.202(a) [42.302(a)], to which |
|
the charter holder would be entitled for the school under Chapter 48 |
|
[42] if the school were a school district without a tier one local |
|
share for purposes of Section 48.266 [42.253]. |
|
(a-1) In determining funding for an open-enrollment charter |
|
school under Subsection (a): |
|
(1) the adjustment [adjustments] under Section 48.052 |
|
is [Sections 42.102, 42.104, and 42.105 are] based on the average |
|
adjustment for the state; and |
|
(2) the charter holder is entitled to an [the] |
|
adjustment under former 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. |
|
(a-3) In addition to the funding provided by Subsections (a) |
|
and (a-2), a charter holder is entitled to receive funding for the |
|
open-enrollment charter school under Subchapter D, Chapter 48, if |
|
the charter holder would be entitled to the funding if the school |
|
were a school district. |
|
SECTION 1.002. Section 25.084, Education Code, is amended |
|
by amending Subsection (b) and adding Subsection (c) to read as |
|
follows: |
|
(b) Except as provided by Subsection (c), the [The] |
|
operation of schools year-round by a district does not affect the |
|
amount of state funds to which the district is entitled under |
|
Chapter 48 [42]. |
|
(c) A district that adopts a year-round system under this |
|
section may receive the incentive aid under Section 25.0841 if the |
|
district meets the criteria for receiving the incentive under that |
|
section. |
|
SECTION 1.003. Subchapter C, Chapter 25, Education Code, is |
|
amended by adding Section 25.0841 to read as follows: |
|
Sec. 25.0841. INCENTIVE FOR ADDITIONAL INSTRUCTIONAL DAYS. |
|
(a) The commissioner shall adjust the average daily attendance of a |
|
school district under Section 48.005 in the manner provided by |
|
Subsection (b) if the district: |
|
(1) provides the minimum number of minutes of |
|
operational and instructional time required under Section 25.081 |
|
and commissioner rules adopted under that section over at least 180 |
|
days of instruction; and |
|
(2) offers an additional 30 days of half-day |
|
instruction for students enrolled in prekindergarten through fifth |
|
grade. |
|
(b) For a school district described by Subsection (a), the |
|
commissioner shall increase the average daily attendance of the |
|
district under Section 48.005 by the amount that results from the |
|
quotient of the sum of attendance for each of the 30 additional |
|
instructional days of half-day instruction that are provided |
|
divided by 30. |
|
(c) The commissioner may provide the incentive under this |
|
section to a school district that intended, but due to |
|
circumstances beyond the district's control, including the |
|
occurrence of a natural disaster affecting the district, was unable |
|
to meet the requirement for instruction under Section 25.081 plus |
|
an additional 30 days of half-day instruction. The commissioner |
|
may proportionately reduce the incentive provided to a district |
|
described by this subsection. |
|
(d) The commissioner shall adopt rules necessary for the |
|
implementation of this section. |
|
SECTION 1.004. Section 30.003, Education Code, is amended |
|
by amending Subsection (f-1) and adding Subsection (f-2) to read as |
|
follows: |
|
(f-1) The commissioner shall determine the total amount |
|
that the Texas School for the Blind and Visually Impaired and the |
|
Texas School for the Deaf would have received from school districts |
|
in accordance with this section if the following provisions had not |
|
reduced the districts' share of the cost of providing education |
|
services: |
|
(1) H.B. No. 1, Acts of the 79th Legislature, 3rd |
|
Called Session, 2006; |
|
(2) Section 45.0032; and |
|
(3) Section 48.255. |
|
(f-2) The amount determined under Subsection (f-1), [had
|
|
not reduced the districts' share of the cost of providing education
|
|
services. That amount,] minus any amount the schools do receive |
|
from school districts, shall be set aside as a separate account in |
|
the foundation school fund and appropriated to those schools for |
|
educational purposes. |
|
SECTION 1.005. Sections 45.003(d) and (f), Education Code, |
|
are amended to read as follows: |
|
(d) A proposition submitted to authorize the levy of |
|
maintenance taxes must include the question of whether the |
|
governing board or commissioners court may levy, assess, and |
|
collect annual ad valorem taxes for the further maintenance of |
|
public schools, at a rate not to exceed the rate stated in the |
|
proposition. For any year, the maintenance tax rate per $100 of |
|
taxable value adopted by the district may not exceed the rate equal |
|
to the sum of: |
|
(1) $0.17; and |
|
(2) the product of the state compression percentage, |
|
as determined under Section 48.255 [42.2516], multiplied by $1.00 |
|
[$1.50]. |
|
(f) Notwithstanding any other law, a district that levied a |
|
maintenance tax for the 2005 tax year at a rate greater than $1.50 |
|
per $100 of taxable value in the district as permitted by special |
|
law may not levy a maintenance tax at a rate that exceeds the rate |
|
per $100 of taxable value that is equal to the sum of: |
|
(1) $0.17; and |
|
(2) the product of the state compression percentage, |
|
as determined under Section 48.255 [42.2516], multiplied by the |
|
product of 66.67 percent multiplied by the rate of the maintenance |
|
tax levied by the district for the 2005 tax year. |
|
SECTION 1.006. Subchapter A, Chapter 45, Education Code, is |
|
amended by adding Section 45.0032 to read as follows: |
|
Sec. 45.0032. COMPONENTS OF MAINTENANCE AND OPERATIONS TAX. |
|
(a) Except as provided by Section 45.003(f), a school district's |
|
tier one maintenance and operations tax rate is the portion of the |
|
district's total tax rate for maintenance and operations that does |
|
not exceed the product of the state compression percentage, as |
|
determined under Section 48.255, multiplied by $1.00. |
|
(b) A district's enrichment tax rate consists of: |
|
(1) any cents of additional maintenance and operations |
|
tax effort, not to exceed eight cents over the tax rate described by |
|
Subsection (a); and |
|
(2) any cents of additional maintenance and operations |
|
tax effort available to a district that exceeds the tax rate |
|
described by Subsection (a) and Subdivision (1). |
|
(c) For a district to which Section 45.003(f) applies, the |
|
reference to a value of $1.00 under Subsection (a) is replaced with |
|
the value equal to the product of 66.67 percent multiplied by the |
|
maintenance and operations tax rate adopted by the district for the |
|
2005 tax year. |
|
(d) Notwithstanding the provisions of this section, a |
|
school district with maintenance and operations taxes at the tax |
|
rate described by Section 48.202(a-1)(2) for the 2018-2019 school |
|
year, that, after applying Subsection (a) to the district's tax |
|
rate, does not comply with Subsection (b), is entitled to: |
|
(1) for the 2019-2020 school year, the dollar amount |
|
guaranteed level of state and local funds per weighted student per |
|
cent of tax effort at the tax rate described by Section |
|
48.202(a-1)(2); and |
|
(2) for the 2020-2021 school year and each subsequent |
|
school year, the dollar amount guaranteed level of state and local |
|
funds per weighted student per cent of tax effort at the tax rate |
|
described by Section 48.202(a-1)(1) for one cent of tax effort at |
|
the tax rate described under Subdivision (1) until the district |
|
complies with Subsection (b). |
|
SECTION 1.007. Subtitle I, Title 2, Education Code, is |
|
amended by adding Chapter 48, and a heading is added to that chapter |
|
to read as follows: |
|
CHAPTER 48. FOUNDATION SCHOOL PROGRAM |
|
SECTION 1.008. Chapter 48, Education Code, as added by this |
|
Act, is amended by adding Subchapter A, and a heading is added to |
|
that subchapter to read as follows: |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
SECTION 1.009. Sections 42.001, 42.002, 42.003, 42.004, |
|
42.005, 42.0051, and 42.0052, Education Code, are transferred to |
|
Subchapter A, Chapter 48, Education Code, as added by this Act, |
|
redesignated as Sections 48.001, 48.002, 48.003, 48.004, 48.005, |
|
48.006, and 48.007, Education Code, and amended to read as follows: |
|
Sec. 48.001 [42.001]. STATE POLICY. (a) It is the policy |
|
of this state that the provision of public education is a state |
|
responsibility and that a thorough and efficient system be provided |
|
and substantially financed through state revenue sources so that |
|
each student enrolled in the public school system shall have access |
|
to programs and services that are appropriate to the student's |
|
educational needs and that are substantially equal to those |
|
available to any similar student, notwithstanding varying local |
|
economic factors. |
|
(b) The public school finance system of this state shall |
|
adhere to a standard of neutrality that provides for substantially |
|
equal access to similar revenue per student at similar tax effort, |
|
considering all state and local tax revenues of districts after |
|
acknowledging all legitimate student and district cost |
|
differences. |
|
Sec. 48.002 [42.002]. PURPOSES OF FOUNDATION SCHOOL |
|
PROGRAM. (a) The purposes of the Foundation School Program set |
|
forth in this chapter are to guarantee that each school district in |
|
the state has: |
|
(1) adequate resources to provide each eligible |
|
student a basic instructional program and facilities suitable to |
|
the student's educational needs; and |
|
(2) access to a substantially equalized program of |
|
financing in excess of basic costs for certain services, as |
|
provided by this chapter. |
|
(b) The Foundation School Program consists of: |
|
(1) two tiers that in combination provide for: |
|
(A) sufficient financing for all school |
|
districts to provide a basic program of education that is rated |
|
acceptable or higher under Section 39.054 and meets other |
|
applicable legal standards; and |
|
(B) substantially equal access to funds to |
|
provide an enriched program; and |
|
(2) a facilities component as provided by Chapter 46. |
|
Sec. 48.003 [42.003]. STUDENT ELIGIBILITY. (a) A |
|
student is entitled to the benefits of the Foundation School |
|
Program if, on September 1 of the school year, the student: |
|
(1) is 5 years of age or older and under 21 years of age |
|
and has not graduated from high school, or is at least 21 years of |
|
age and under 26 years of age and has been admitted by a school |
|
district to complete the requirements for a high school diploma; or |
|
(2) is at least 19 years of age and under 26 years of |
|
age and is enrolled in an adult high school diploma and industry |
|
certification charter school pilot program under Section 29.259. |
|
(b) A student to whom Subsection (a) does not apply is |
|
entitled to the benefits of the Foundation School Program if the |
|
student is enrolled in a prekindergarten class under Section 29.153 |
|
or Subchapter E-1, Chapter 29. |
|
(c) A child may be enrolled in the first grade if the child |
|
is at least six years of age at the beginning of the school year of |
|
the district or has been enrolled in the first grade or has |
|
completed kindergarten in the public schools in another state |
|
before transferring to a public school in this state. |
|
(d) Notwithstanding Subsection (a), a student younger than |
|
five years of age is entitled to the benefits of the Foundation |
|
School Program if: |
|
(1) the student performs satisfactorily on the |
|
assessment instrument administered under Section 39.023(a) to |
|
students in the third grade; and |
|
(2) the district has adopted a policy for admitting |
|
students younger than five years of age. |
|
Sec. 48.004 [42.004]. ADMINISTRATION OF THE PROGRAM. The |
|
commissioner[, in accordance with the rules of the State Board of
|
|
Education,] shall adopt rules [take such action and require such
|
|
reports consistent with this chapter] as [may be] necessary to |
|
implement and administer the Foundation School Program. |
|
Sec. 48.005 [42.005]. AVERAGE DAILY ATTENDANCE. (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 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); |
|
(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); or |
|
(4) for a district that operates a full-day program |
|
under Section 29.153(c) or a half-day program, one-half of the |
|
average daily attendance calculated under Subdivision (1). |
|
(b) A school district that experiences a decline of two |
|
percent or more in average daily attendance shall be funded on the |
|
basis of: |
|
(1) the actual average daily attendance of the |
|
preceding school year, if the decline is the result of the closing |
|
or reduction in personnel of a military base; or |
|
(2) subject to Subsection (e), an average daily |
|
attendance not to exceed 98 percent of the actual average daily |
|
attendance of the preceding school year, if the decline is not the |
|
result of the closing or reduction in personnel of a military base. |
|
(c) The commissioner shall adjust the average daily |
|
attendance of a school district that has a significant percentage |
|
of students who are migratory children as defined by 20 U.S.C. |
|
Section 6399. |
|
(c-1) The commissioner shall adjust the average daily |
|
attendance of a school district that qualifies for the incentive |
|
for additional instructional days under Section 25.0841 in the |
|
manner provided by that section. |
|
(d) The commissioner may adjust the average daily |
|
attendance of a school district in which a disaster, flood, extreme |
|
weather condition, fuel curtailment, or other calamity has a |
|
significant effect on the district's attendance. |
|
(e) For each school year, the commissioner shall adjust the |
|
average daily attendance of school districts that are entitled to |
|
funding on the basis of an adjusted average daily attendance under |
|
Subsection (b)(2) so that: |
|
(1) all districts are funded on the basis of the same |
|
percentage of the preceding year's actual average daily attendance; |
|
and |
|
(2) the total cost to the state does not exceed the |
|
amount specifically appropriated for that year for purposes of |
|
Subsection (b)(2). |
|
(f) An open-enrollment charter school is not entitled to |
|
funding based on an adjustment under Subsection (b)(2). |
|
(g) If a student may receive course credit toward the |
|
student's high school academic requirements and toward the |
|
student's higher education academic requirements for a single |
|
course, including a course provided under Section 28.009 by a |
|
public institution of higher education, the time during which the |
|
student attends the course shall be counted as part of the minimum |
|
number of instructional hours required for a student to be |
|
considered a full-time student in average daily attendance for |
|
purposes of this section. |
|
(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. |
|
(h) Subject to rules adopted by the commissioner under |
|
Section 48.007(b) [42.0052(b)], time that a student participates in |
|
an off-campus instructional program approved under Section |
|
48.007(a) [42.0052(a)] shall be counted as part of the minimum |
|
number of instructional hours required for a student to be |
|
considered a full-time student in average daily attendance for |
|
purposes of this section. |
|
(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 32,400 minutes of instructional time to students. |
|
(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; |
|
(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 January 1, 2015, is eligible to earn full average |
|
daily attendance under Subsection (a), as that subsection existed |
|
immediately before January 1, 2015, for: |
|
(1) all campuses of the charter school operating |
|
before January 1, 2015; and |
|
(2) any campus or site expansion approved on or after |
|
January 1, 2015, provided that the charter school received an |
|
academic accountability performance rating of C or higher, and the |
|
campus or site expansion is approved by the commissioner. |
|
(l) A school district campus or charter school described by |
|
Subsection (j) 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) 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 |
|
minutes of instruction to students. |
|
[(n)
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.] |
|
Sec. 48.006 [42.0051]. AVERAGE DAILY ATTENDANCE FOR |
|
DISTRICTS IN DISASTER AREA. (a) From funds specifically |
|
appropriated for the purpose or other funds available to the |
|
commissioner for that purpose, the commissioner shall adjust the |
|
average daily attendance of a school district all or part of which |
|
is located in an area declared a disaster area by the governor under |
|
Chapter 418, Government Code, if the district experiences a decline |
|
in average daily attendance that is reasonably attributable to the |
|
impact of the disaster. |
|
(b) The adjustment must be sufficient to ensure that the |
|
district receives funding comparable to the funding that the |
|
district would have received if the decline in average daily |
|
attendance reasonably attributable to the impact of the disaster |
|
had not occurred. |
|
(c) The commissioner shall make the adjustment required by |
|
this section for the two-year period following the date of the |
|
governor's initial proclamation or executive order declaring the |
|
state of disaster. |
|
(d) Section 48.005(b)(2) [42.005(b)(2)] does not apply to a |
|
district that receives an adjustment under this section. |
|
(e) A district that receives an adjustment under this |
|
section may not receive any additional adjustment under Section |
|
48.005(d) [42.005(d)] for the decline in average daily attendance |
|
on which the adjustment under this section is based. |
|
(f) For purposes of this title, a district's adjusted |
|
average daily attendance under this section is considered to be the |
|
district's average daily attendance as determined under Section |
|
48.005 [42.005]. |
|
Sec. 48.007 [42.0052]. OFF-CAMPUS PROGRAMS APPROVED FOR |
|
PURPOSES OF AVERAGE DAILY ATTENDANCE. (a) The commissioner may, |
|
based on criteria developed by the commissioner, approve |
|
instructional programs provided off campus by an entity other than |
|
a school district or open-enrollment charter school as a program in |
|
which participation by a student of a district or charter school may |
|
be counted for purposes of determining average daily attendance in |
|
accordance with Section 48.005(h) [42.005(h)]. |
|
(b) The commissioner shall adopt by rule verification and |
|
reporting procedures concerning time spent by students |
|
participating in instructional programs approved under Subsection |
|
(a). |
|
SECTION 1.010. Sections 42.006(a), (b), (c), and (d), |
|
Education Code, are transferred to Subchapter A, Chapter 48, |
|
Education Code, as added by this Act, redesignated as Section |
|
48.008, Education Code, and amended to read as follows: |
|
Sec. 48.008. PUBLIC EDUCATION INFORMATION MANAGEMENT |
|
SYSTEM (PEIMS). (a) Each school district shall participate in the |
|
Public Education Information Management System (PEIMS) and shall |
|
provide through that system information required for the |
|
administration of this chapter and of other appropriate provisions |
|
of this code. |
|
(b) Each school district shall use a uniform accounting |
|
system adopted by the commissioner for the data required to be |
|
reported for the Public Education Information Management System. |
|
(c) Annually, the commissioner shall review the Public |
|
Education Information Management System and shall repeal or amend |
|
rules that require school districts to provide information through |
|
the Public Education Information Management System that is not |
|
necessary. In reviewing and revising the Public Education |
|
Information Management System, the commissioner shall develop |
|
rules to ensure that the system: |
|
(1) provides useful, accurate, and timely information |
|
on student demographics and academic performance, personnel, and |
|
school district finances; |
|
(2) contains only the data necessary for the |
|
legislature and the agency to perform their legally authorized |
|
functions in overseeing the public education system; and |
|
(3) does not contain any information related to |
|
instructional methods, except as provided by Section 29.066 or |
|
required by federal law. |
|
(d) The commissioner's rules must ensure that the Public |
|
Education Information Management System links student performance |
|
data to other related information for purposes of efficient and |
|
effective allocation of scarce school resources, to the extent |
|
practicable using existing agency resources and appropriations. |
|
SECTION 1.011. Sections 42.006(a-1), (a-3), and (a-4), |
|
Education Code, Section 42.006(a-2), Education Code, as added by |
|
Chapter 550 (S.B. 490), Acts of the 85th Legislature, Regular |
|
Session, 2017, and Section 42.006(a-2), as added by Chapter 916 |
|
(S.B. 1404), Acts of the 85th Legislature, Regular Session, 2017, |
|
are transferred to Subchapter A, Chapter 48, Education Code, as |
|
added by this Act, redesignated as Section 48.009, Education Code, |
|
and amended to read as follows: |
|
Sec. 48.009. REQUIRED PEIMS REPORTING. (a) In this |
|
section, "full-time equivalent school counselor" means 40 hours of |
|
counseling services a week. |
|
(b) [(a-1)] The commissioner by rule shall require each |
|
school district and open-enrollment charter school to report |
|
through the Public Education Information Management System |
|
information regarding: |
|
(1) the number of students enrolled in the district or |
|
school who are identified as having dyslexia; |
|
(2) [. The agency shall maintain the information
|
|
provided in accordance with this subsection.
|
|
[(a-2)
The commissioner by rule shall require each school
|
|
district and open-enrollment charter school to report through the
|
|
Public Education Information Management System information
|
|
regarding] the availability of school counselors, including [at
|
|
each campus. The commissioner's rules shall require a district or
|
|
school to report] the number of full-time equivalent school |
|
counselors, [providing counseling services] at each [a] campus; |
|
(3) [. For purposes of this subsection, "full-time
|
|
equivalent school counselor" means 40 hours of counseling services
|
|
a week. The agency shall maintain the information provided in
|
|
accordance with this subsection.
|
|
[(a-2)
The commissioner by rule shall require each school
|
|
district and open-enrollment charter school to report through the
|
|
Public Education Information Management System information for
|
|
each campus of the district or school regarding:
|
|
[(1)] the availability of expanded learning |
|
opportunities as described by Section 33.252 at each campus; [and] |
|
(4) [(2)] the number of students participating in each |
|
of the categories of expanded learning opportunities listed under |
|
Section 33.252(b) at each campus; |
|
(5) [.
|
|
[(a-3)
The commissioner by rule shall require each school
|
|
district and open-enrollment charter school to annually report
|
|
through the Public Education Information Management System
|
|
information regarding] the total number of students, other than |
|
students described by Subdivision (6) [Subsection (a-4)], enrolled |
|
in the district or school with whom the district or school, as |
|
applicable, used intervention strategies, as that term is defined |
|
by Section 26.004, at any time during the year for which the report |
|
is made; and |
|
(6) [. The agency shall maintain the information
|
|
provided in accordance with this subsection.
|
|
[(a-4)
The commissioner by rule shall require each school
|
|
district and open-enrollment charter school to annually report
|
|
through the Public Education Information Management System
|
|
information regarding] the total number of students enrolled in the |
|
district or school to whom the district or school provided aids, |
|
accommodations, or services under Section 504, Rehabilitation Act |
|
of 1973 (29 U.S.C. Section 794), at any time during the year for |
|
which the report is made. |
|
(c) The agency shall maintain the information provided in |
|
accordance with this section [subsection]. |
|
SECTION 1.012. Section 42.009, Education Code, is |
|
transferred to Subchapter A, Chapter 48, Education Code, as added |
|
by this Act, redesignated as Section 48.010, Education Code, and |
|
amended to read as follows: |
|
Sec. 48.010 [42.009]. DETERMINATION OF FUNDING LEVELS. |
|
(a) Not later than July 1 of each year, the commissioner shall |
|
determine for each school district whether the estimated amount of |
|
state and local funding per student in weighted average daily |
|
attendance to be provided to the district under the Foundation |
|
School Program for maintenance and operations for the following |
|
school year is less than the amount provided to the district for the |
|
2010-2011 school year. If the amount estimated to be provided is |
|
less, the commissioner shall certify the percentage decrease in |
|
funding to be provided to the district. |
|
(b) In making the determinations regarding funding levels |
|
required by Subsection (a), the commissioner shall: |
|
(1) make adjustments as necessary to reflect changes |
|
in a school district's maintenance and operations tax rate; |
|
(2) for a district required to [take action under
|
|
Chapter 41 to] reduce its local revenue level under Section 48.257 |
|
[wealth per student to the equalized wealth level], base the |
|
determinations on the district's net funding levels after deducting |
|
any amounts required to be expended by the district to comply with |
|
Chapter 49 [41]; and |
|
(3) determine a district's weighted average daily |
|
attendance in accordance with this chapter as it existed on January |
|
1, 2011. |
|
SECTION 1.013. Subchapter A, Chapter 48, Education Code, as |
|
added by this Act, is amended by adding Section 48.011 to read as |
|
follows: |
|
Sec. 48.011. COMMISSIONER AUTHORITY TO RESOLVE UNINTENDED |
|
CONSEQUENCES FROM SCHOOL FINANCE FORMULAS. (a) Subject to |
|
Subsections (b) and (d), the commissioner may adjust a school |
|
district's funding entitlement under this chapter if the funding |
|
formulas used to determine the district's entitlement result in an |
|
unanticipated loss or gain for a district. |
|
(b) Before making an adjustment under Subsection (a), the |
|
commissioner shall notify the office of the governor and the |
|
Legislative Budget Board. If, not later than the 30th day after the |
|
date the office of the governor and the Legislative Budget Board |
|
receive notice under this subsection, the commissioner does not |
|
receive disapproval from either of the entities, the commissioner |
|
may make the adjustment. |
|
(c) Each biennium in which the commissioner makes an |
|
adjustment under Subsection (a), the commissioner must provide to |
|
the district an explanation regarding the changes necessary to |
|
resolve the unintended consequences. |
|
(d) Beginning with the 2023-2024 school year, the |
|
commissioner may not make an adjustment under Subsection (a). |
|
(e) This section expires September 1, 2025. |
|
SECTION 1.014. Chapter 48, Education Code, as added by this |
|
Act, is amended by adding Subchapter B, and a heading is added to |
|
that subchapter to read as follows: |
|
SUBCHAPTER B. BASIC ENTITLEMENT |
|
SECTION 1.015. Sections 42.101, 42.105, and 42.106, |
|
Education Code, are transferred to Subchapter B, Chapter 48, |
|
Education Code, as added by this Act, redesignated as Sections |
|
48.051, 48.052, and 48.053, Education Code, and amended to read as |
|
follows: |
|
Sec. 48.051 [42.101]. BASIC ALLOTMENT. (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 or career and |
|
technology education programs, for which an additional allotment is |
|
made under Subchapter C, a district is entitled to an allotment |
|
equal to the lesser of $6,030 [$4,765] or the amount that results |
|
from the following formula: |
|
A = $6,030 [$4,765] X TR/MCR [(DCR/MCR)] |
|
where: |
|
"A" is the allotment to which a district is entitled; |
|
"TR" ["DCR"] is the district's tier one maintenance and |
|
operations [compressed] tax rate, as provided by Section 45.0032[,
|
|
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 48.255 [42.2516], multiplied by $1.00 [$1.50]. |
|
[(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 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 defined by Subsection (a), until the district's compressed
|
|
tax rate computed in accordance with this subsection is equal to the
|
|
state maximum compressed tax rate ("MCR").] |
|
(b) A greater amount for any school year may be provided by |
|
appropriation. |
|
[(c)
This subsection applies to a school district for which
|
|
the compressed tax rate ("DCR") is determined in accordance with
|
|
Subsection (a-1). Any reduction in the district's adopted
|
|
maintenance and operations tax rate is applied to the following
|
|
components of the district's tax rate in the order specified:
|
|
[(1) tax effort described by Section 42.302(a-1)(2);
|
|
[(2)
tax effort described by Section 42.302(a-1)(1);
|
|
and
|
|
[(3)
tax effort included in the determination of the
|
|
district's compressed tax rate ("DCR") under Subsection (a-1).] |
|
Sec. 48.052 [42.105]. SPARSITY ADJUSTMENT. (a) |
|
Notwithstanding Section 48.051 [Sections 42.101, 42.102, and
|
|
42.103], a school district that has fewer than 130 students in |
|
average daily attendance shall be provided a [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 a [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. |
|
(b) Subsection (c) applies only to a school district that: |
|
(1) does not offer each grade level from kindergarten |
|
through grade 12 and whose prospective or former students generally |
|
attend school in a state that borders this state for the grade |
|
levels the district does not offer; |
|
(2) serves both students residing in this state and |
|
students residing in a state that borders this state who are |
|
subsequently eligible for in-state tuition rates at institutions of |
|
higher education in either state regardless of the state in which |
|
the students reside; and |
|
(3) shares students with an out-of-state district that |
|
does not offer competing instructional services. |
|
(c) Notwithstanding Subsection (a) or Section 48.051 |
|
[Sections 42.101, 42.102, and 42.103], a school district to which |
|
this subsection applies, as provided by Subsection (b), that has |
|
fewer than 130 students in average daily attendance shall be |
|
provided a [an adjusted] basic allotment on the basis of 130 |
|
students in average daily attendance if it offers a kindergarten |
|
through grade four program and has preceding or current year's |
|
average daily attendance of at least 75 students or is 30 miles or |
|
more by bus route from the nearest high school district. |
|
Sec. 48.053 [42.106]. TUITION ALLOTMENT FOR DISTRICTS NOT |
|
OFFERING ALL GRADE LEVELS. A school district that contracts for |
|
students residing in the district to be educated in another |
|
district under Section 25.039(a) is entitled to receive an |
|
allotment equal to the total amount of tuition required to be paid |
|
by the district under Section 25.039, not to exceed the amount |
|
specified by commissioner rule under Section 25.039(b). |
|
SECTION 1.016. Chapter 48, Education Code, as added by this |
|
Act, is amended by adding Subchapter C, and a heading is added to |
|
that subchapter to read as follows: |
|
SUBCHAPTER C. STUDENT-BASED ALLOTMENTS |
|
SECTION 1.017. Subchapter C, Chapter 48, Education Code, as |
|
added by this Act, is amended by adding Section 48.101 to read as |
|
follows: |
|
Sec. 48.101. SMALL AND MID-SIZED DISTRICT ALLOTMENT. (a) |
|
Small and mid-sized districts are entitled to an annual allotment |
|
in accordance with this section. In this section: |
|
(1) "AA" is the district's annual allotment per |
|
student; |
|
(2) "ADA" is the number of students in average daily |
|
attendance for which the district is entitled to an allotment under |
|
Section 48.051; |
|
(3) "BA" is the basic allotment determined under |
|
Section 48.051; and |
|
(4) "SS" is the small-sized district allotment |
|
determined under Subsection (b). |
|
(b) A school district that has more than 450 but not more |
|
than 1,600 students in average daily attendance is entitled to an |
|
annual allotment for each student in average daily attendance based |
|
on the following formula: |
|
AA = ((1,600 - ADA) X .0004) X BA |
|
(c) A school district that has not more than 450 students in |
|
average daily attendance is entitled to an annual allotment for |
|
each student in average daily attendance based on the following |
|
formula: |
|
AA = (1 + ((450 - ADA) X .00015)) X SS |
|
(d) A school district that offers a kindergarten through |
|
grade 12 program and has less than 5,000 students in average daily |
|
attendance is entitled to an annual allotment for each student in |
|
average daily attendance based on the formula, of the following |
|
formulas, that results in the greatest annual allotment: |
|
(1) the formula in Subsection (b) or (c) for which the |
|
district is eligible; or |
|
(2) AA = ((5,000 - ADA) X .000025) X BA. |
|
SECTION 1.018. Section 42.151, Education Code, is |
|
transferred to Subchapter C, Chapter 48, Education Code, as added |
|
by this Act, redesignated as Section 48.102, Education Code, and |
|
amended to read as follows: |
|
Sec. 48.102 [42.151]. SPECIAL EDUCATION. (a) For each |
|
student in average daily attendance in a special education program |
|
under Subchapter A, Chapter 29, in a mainstream instructional |
|
arrangement, a school district is entitled to an annual allotment |
|
equal to the [adjusted] basic allotment multiplied by 1.1. For each |
|
full-time equivalent student in average daily attendance in a |
|
special education program under Subchapter A, Chapter 29, in an |
|
instructional arrangement other than a mainstream instructional |
|
arrangement, a district is entitled to an annual allotment equal to |
|
the [adjusted] basic allotment multiplied by a weight determined |
|
according to instructional arrangement as follows: |
|
Homebound5.0 |
|
Hospital class3.0 |
|
Speech therapy5.0 |
|
Resource room3.0 |
|
Self-contained, mild and moderate, |
|
regular campus3.0 |
|
Self-contained, severe, regular campus3.0 |
|
Off home campus2.7 |
|
Nonpublic day school1.7 |
|
Vocational adjustment class2.3 |
|
(b) A special instructional arrangement for students with |
|
disabilities residing in care and treatment facilities, other than |
|
state schools, whose parents or guardians do not reside in the |
|
district providing education services shall be established by |
|
commissioner rule [under the rules of the State Board of
|
|
Education]. The funding weight for this arrangement shall be 4.0 |
|
for those students who receive their education service on a local |
|
school district campus. A special instructional arrangement for |
|
students with disabilities residing in state schools shall be |
|
established by commissioner rule [under the rules of the State
|
|
Board of Education] with a funding weight of 2.8. |
|
(c) For funding purposes, the number of contact hours |
|
credited per day for each student in the off home campus |
|
instructional arrangement may not exceed the contact hours credited |
|
per day for the multidistrict class instructional arrangement in |
|
the 1992-1993 school year. |
|
(d) For funding purposes the contact hours credited per day |
|
for each student in the resource room; self-contained, mild and |
|
moderate; and self-contained, severe, instructional arrangements |
|
may not exceed the average of the statewide total contact hours |
|
credited per day for those three instructional arrangements in the |
|
1992-1993 school year. |
|
(e) The commissioner [State Board of Education] by rule |
|
shall prescribe the qualifications an instructional arrangement |
|
must meet in order to be funded as a particular instructional |
|
arrangement under this section. In prescribing the qualifications |
|
that a mainstream instructional arrangement must meet, the |
|
commissioner [board] shall establish requirements that students |
|
with disabilities and their teachers receive the direct, indirect, |
|
and support services that are necessary to enrich the regular |
|
classroom and enable student success. |
|
(f) In this section, "full-time equivalent student" means |
|
30 hours of contact a week between a special education student and |
|
special education program personnel. |
|
(g) The commissioner [State Board of Education] shall adopt |
|
rules and procedures governing contracts for residential placement |
|
of special education students. The legislature shall provide by |
|
appropriation for the state's share of the costs of those |
|
placements. |
|
(h) Funds allocated under this section, other than an |
|
indirect cost allotment established by commissioner [under State
|
|
Board of Education] rule, must be used in the special education |
|
program under Subchapter A, Chapter 29. |
|
(i) The agency shall encourage the placement of students in |
|
special education programs, including students in residential |
|
instructional arrangements, in the least restrictive environment |
|
appropriate for their educational needs. |
|
(j) [(k)] A school district that provides an extended year |
|
program required by federal law for special education students who |
|
may regress is entitled to receive funds in an amount equal to 75 |
|
percent, or a lesser percentage determined by the commissioner, of |
|
the [adjusted] basic allotment [or adjusted allotment, as
|
|
applicable,] for each full-time equivalent student in average daily |
|
attendance, multiplied by the amount designated for the student's |
|
instructional arrangement under this section, for each day the |
|
program is provided divided by the number of days in the minimum |
|
school year. The total amount of state funding for extended year |
|
services under this section may not exceed $10 million per year. A |
|
school district may use funds received under this section only in |
|
providing an extended year program. |
|
(k) [(l)] From the total amount of funds appropriated for |
|
special education under this section, the commissioner shall |
|
withhold an amount specified in the General Appropriations Act, and |
|
distribute that amount to school districts for programs under |
|
Section 29.014. The program established under that section is |
|
required only in school districts in which the program is financed |
|
by funds distributed under this subsection and any other funds |
|
available for the program. After deducting the amount withheld |
|
under this subsection from the total amount appropriated for |
|
special education, the commissioner shall reduce each district's |
|
allotment proportionately and shall allocate funds to each district |
|
accordingly. |
|
(l) The commissioner by rule shall increase the indirect |
|
cost allotment established under Subsection (h) 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 former Chapter 42 for the 2011-2012 school |
|
year as a result of S.B. Nos. 1 and 2, Acts of the 82nd Legislature, |
|
1st Called Session, 2011. |
|
(m) If the commissioner determines that the total amount of |
|
funding under this section for any school year is less than the |
|
amount required under 20 U.S.C. Section 1412(a)(18), the |
|
commissioner shall increase the total amount of funding under this |
|
section for that school year as necessary to comply with that |
|
provision. If the amount of funding available for purposes of this |
|
section is insufficient to fully fund the amount determined |
|
necessary under this subsection, the commissioner shall reduce |
|
other funding provided under this chapter in the manner provided by |
|
Section 48.266(f) to achieve the necessary amount of funding under |
|
this subsection. |
|
SECTION 1.019. Subchapter C, Chapter 48, Education Code, as |
|
added by this Act, is amended by adding Section 48.103 to read as |
|
follows: |
|
Sec. 48.103. ALLOTMENT FOR STUDENT WITH DYSLEXIA OR RELATED |
|
DISORDER. (a) 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 basic allotment multiplied by 0.1 |
|
or a greater amount provided by appropriation. |
|
(b) A school district is entitled to the allotment under |
|
Subsection (a) only for a student who: |
|
(1) is receiving instruction that: |
|
(A) meets applicable dyslexia program criteria |
|
established by the agency; and |
|
(B) is provided by a person with specific |
|
training in providing that 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. |
|
(c) A school district may receive funding for a student |
|
under this section and Section 48.102 if the student satisfies the |
|
requirements of both sections. |
|
SECTION 1.020. Sections 42.152, 42.153, 42.154, and 42.157, |
|
Education Code, are transferred to Subchapter C, Chapter 48, |
|
Education Code, as added by this Act, redesignated as Sections |
|
48.104, 48.105, 48.106, and 48.107, Education Code, and amended to |
|
read as follows: |
|
Sec. 48.104 [42.152]. COMPENSATORY EDUCATION ALLOTMENT. |
|
(a) For each student who [is educationally disadvantaged or who is
|
|
a student who] does not have a disability and resides in a |
|
residential placement facility in a district in which the student's |
|
parent or legal guardian does not reside, a district is entitled to |
|
an annual allotment equal to the [adjusted] basic allotment |
|
multiplied by 0.2. For[, and by 2.41 for] each full-time equivalent |
|
student who is in a remedial and support program under Section |
|
29.081 because the student is pregnant, a district is entitled to an |
|
annual allotment equal to the basic allotment multiplied by 2.41. |
|
(b) For each student who resides in an economically |
|
disadvantaged census block as determined by the commissioner under |
|
Subsection (c), a district is entitled to an annual allotment equal |
|
to the basic allotment multiplied by the weight assigned to the |
|
student's census block under Subsection (d). |
|
(c) For purposes of the allotment under Subsection (b), the |
|
commissioner shall establish an index for economically |
|
disadvantaged census blocks in the state that provides criteria for |
|
determining which census blocks are economically disadvantaged and |
|
categorizes economically disadvantaged census blocks in five tiers |
|
according to relative severity of economic disadvantage. In |
|
determining the severity of economic disadvantage in a census |
|
block, the commissioner shall consider: |
|
(1) the median household income; |
|
(2) the average educational attainment of the |
|
population; |
|
(3) the percentage of single-parent households; |
|
(4) the rate of homeownership; and |
|
(5) other economic criteria the commissioner |
|
determines likely to disadvantage a student's preparedness and |
|
ability to learn. |
|
(d) The weights assigned to the five tiers of the index |
|
established under Subsection (c) are, from least to most severe |
|
economic disadvantage, 0.225, 0.2375, 0.25, 0.2625, and 0.275. |
|
(e) If insufficient data is available for any school year to |
|
evaluate the level of economic disadvantage in a census block, a |
|
school district is entitled to an annual allotment equal to the |
|
basic allotment multiplied by 0.2 for each student who resides in |
|
that census block and is educationally disadvantaged. For purposes |
|
of this subsection [section], the number of educationally |
|
disadvantaged students is determined: |
|
(1) by averaging the best six months' numbers of |
|
students eligible for enrollment in the national school lunch |
|
program of free or reduced-price lunches for the preceding school |
|
year who resided in that census block; or |
|
(2) in the manner provided by commissioner rule. |
|
(f) For a student who qualifies for an allotment under |
|
multiple provisions of this section, the school district is |
|
entitled to an allotment for the student under the provision that |
|
would result in the greatest amount of funding. |
|
(g) [(b-1)] A student receiving a full-time virtual |
|
education through the state virtual school network may be included |
|
in determining the number of students residing in an economically |
|
disadvantaged census block under Subsection (b) or the number of |
|
educationally disadvantaged students under Subsection (e) [(b)] if |
|
the school district submits to the commissioner a plan detailing |
|
the enhanced services that will be provided to the student and the |
|
commissioner approves the plan. |
|
(h) Not later than March 1 of each year, the commissioner |
|
shall: |
|
(1) review and, if necessary, update the index |
|
established under Subsection (c) to be used for the following |
|
school year, based on the most recent estimates published by the |
|
United States Census Bureau; and |
|
(2) notify each school district of any changes to the |
|
index. |
|
(i) The state demographer, the Department of Agriculture, |
|
and any other state agency with relevant information shall assist |
|
the commissioner in performing the commissioner's duties under this |
|
section. |
|
[(c)
Funds allocated under this section shall be used to
|
|
fund supplemental programs and services designed to eliminate any
|
|
disparity in performance on assessment instruments administered
|
|
under Subchapter B, Chapter 39, or disparity in the rates of high
|
|
school completion between students at risk of dropping out of
|
|
school, as defined by Section 29.081, and all other students.
|
|
Specifically, the funds, other than an indirect cost allotment
|
|
established under State Board of Education rule, which may not
|
|
exceed 45 percent, may be used to meet the costs of providing a
|
|
compensatory, intensive, or accelerated instruction program under
|
|
Section 29.081 or a disciplinary alternative education program
|
|
established under Section 37.008, to pay the costs associated with
|
|
placing students in a juvenile justice alternative education
|
|
program established under Section 37.011, or to support a program
|
|
eligible under Title I of the Elementary and Secondary Education
|
|
Act of 1965, as provided by Pub. L. No.
103-382 and its subsequent
|
|
amendments, and by federal regulations implementing that Act, at a
|
|
campus at which at least 40 percent of the students are
|
|
educationally disadvantaged.
In meeting the costs of providing a
|
|
compensatory, intensive, or accelerated instruction program under
|
|
Section 29.081, a district's compensatory education allotment
|
|
shall be used for costs supplementary to the regular education
|
|
program, such as costs for program and student evaluation,
|
|
instructional materials and equipment and other supplies required
|
|
for quality instruction, supplemental staff expenses, salary for
|
|
teachers of at-risk students, smaller class size, and
|
|
individualized instruction.
A home-rule school district or an
|
|
open-enrollment charter school must use funds allocated under
|
|
Subsection (a) for a purpose authorized in this subsection but is
|
|
not otherwise subject to Subchapter C, Chapter 29.
For purposes of
|
|
this subsection, a program specifically designed to serve students
|
|
at risk of dropping out of school, as defined by Section 29.081, is
|
|
considered to be a program supplemental to the regular education
|
|
program, and a district may use its compensatory education
|
|
allotment for such a program.
|
|
[(c-1)
Notwithstanding Subsection (c), funds allocated
|
|
under this section may be used to fund in proportion to the
|
|
percentage of students served by the program that meet the criteria
|
|
in Section 29.081(d) or (g):
|
|
[(1)
an accelerated reading instruction program under
|
|
Section 28.006(g); or
|
|
[(2)
a program for treatment of students who have
|
|
dyslexia or a related disorder as required by Section 38.003.
|
|
[(c-2)
Notwithstanding Subsection (c), funds allocated
|
|
under this section may be used to fund a district's mentoring
|
|
services program under Section 29.089.
|
|
[(d)
The agency shall evaluate the effectiveness of
|
|
accelerated instruction and support programs provided under
|
|
Section 29.081 for students at risk of dropping out of school.
|
|
[(q)
The State Board of Education, with the assistance of
|
|
the comptroller, shall develop and implement by rule reporting and
|
|
auditing systems for district and campus expenditures of
|
|
compensatory education funds to ensure that compensatory education
|
|
funds, other than the indirect cost allotment, are spent only to
|
|
supplement the regular education program as required by Subsection
|
|
(c). The reporting requirements shall be managed electronically to
|
|
minimize local administrative costs. A district shall submit the
|
|
report required by this subsection not later than the 150th day
|
|
after the last day permissible for resubmission of information
|
|
required under Section 42.006.
|
|
[(q-1)
The commissioner shall develop a system to identify
|
|
school districts that are at high risk of having used compensatory
|
|
education funds other than in compliance with Subsection (c) or of
|
|
having inadequately reported compensatory education expenditures.
|
|
If a review of the report submitted under Subsection (q), using the
|
|
risk-based system, indicates that a district is not at high risk of
|
|
having misused compensatory education funds or of having
|
|
inadequately reported compensatory education expenditures, the
|
|
district may not be required to perform a local audit of
|
|
compensatory education expenditures and is not subject to on-site
|
|
monitoring under this section.
|
|
[(q-2)
If a review of the report submitted under Subsection
|
|
(q), using the risk-based system, indicates that a district is at
|
|
high risk of having misused compensatory education funds, the
|
|
commissioner shall notify the district of that determination. The
|
|
district must respond to the commissioner not later than the 30th
|
|
day after the date the commissioner notifies the district of the
|
|
commissioner's determination. If the district's response does not
|
|
change the commissioner's determination that the district is at
|
|
high risk of having misused compensatory education funds or if the
|
|
district does not respond in a timely manner, the commissioner
|
|
shall:
|
|
[(1)
require the district to conduct a local audit of
|
|
compensatory education expenditures for the current or preceding
|
|
school year;
|
|
[(2)
order agency staff to conduct on-site monitoring
|
|
of the district's compensatory education expenditures; or
|
|
[(3)
both require a local audit and order on-site
|
|
monitoring.
|
|
[(q-3)
If a review of the report submitted under Subsection
|
|
(q), using the risk-based system, indicates that a district is at
|
|
high risk of having inadequately reported compensatory education
|
|
expenditures, the commissioner may require agency staff to assist
|
|
the district in following the proper reporting methods or amending
|
|
a district or campus improvement plan under Subchapter F, Chapter
|
|
11. If the district does not take appropriate corrective action
|
|
before the 45th day after the date the agency staff notifies the
|
|
district of the action the district is expected to take, the
|
|
commissioner may:
|
|
[(1)
require the district to conduct a local audit of
|
|
the district's compensatory education expenditures; or
|
|
[(2)
order agency staff to conduct on-site monitoring
|
|
of the district's compensatory education expenditures.
|
|
[(q-4)
The commissioner, in the year following a local audit
|
|
of compensatory education expenditures, shall withhold from a
|
|
district's foundation school fund payment an amount equal to the
|
|
amount of compensatory education funds the agency determines were
|
|
not used in compliance with Subsection (c). The commissioner shall
|
|
release to a district funds withheld under this subsection when the
|
|
district provides to the commissioner a detailed plan to spend
|
|
those funds in compliance with Subsection (c).
|
|
[(r)
The commissioner shall grant a one-year exemption from
|
|
the requirements of Subsections (q)-(q-4) to a school district in
|
|
which the group of students who have failed to perform
|
|
satisfactorily in the preceding school year on an assessment
|
|
instrument required under Section 39.023(a), (c), or (l)
|
|
subsequently performs on those assessment instruments at a level
|
|
that meets or exceeds a level prescribed by commissioner rule. Each
|
|
year the commissioner, based on the most recent information
|
|
available, shall determine if a school district is entitled to an
|
|
exemption for the following school year and notify the district of
|
|
that determination.] |
|
Sec. 48.105 [42.153]. BILINGUAL EDUCATION ALLOTMENT. |
|
[(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: |
|
(1) for a student of limited English proficiency, as |
|
defined by Section 29.052: |
|
(A) 0.1; or |
|
(B) 0.15 if the student is in a bilingual |
|
education program using a dual language immersion/one-way or |
|
two-way program model; and |
|
(2) for a student not described by Subdivision (1), |
|
0.05. |
|
[(b)
Funds allocated under this section, other than an
|
|
indirect cost allotment established under State Board of Education
|
|
rule, must be used in providing bilingual education or special
|
|
language programs under Subchapter B, Chapter 29, and must be
|
|
accounted for under existing agency reporting and auditing
|
|
procedures.
|
|
[(c)
A district's bilingual education or special language
|
|
allocation may be used only for program and student evaluation,
|
|
instructional materials and equipment, staff development,
|
|
supplemental staff expenses, salary supplements for teachers, and
|
|
other supplies required for quality instruction and smaller class
|
|
size.] |
|
Sec. 48.106 [42.154]. CAREER AND TECHNOLOGY EDUCATION |
|
ALLOTMENT. (a) For each full-time equivalent student in average |
|
daily attendance in an approved career and technology education |
|
program in grades 6 [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 two or more |
|
advanced career and technology education classes for a total of |
|
three or more credits. |
|
(b) In this section: |
|
(1) "Career and technology education class" and |
|
"career and technology education program" mean a class or program |
|
that aligns with requirements for career and technical education |
|
under the Strengthening Career and Technical Education for the 21st |
|
Century Act (Pub. L. No. 115-224). The terms include a technology |
|
applications course [on cybersecurity adopted or selected by the
|
|
State Board of Education under Section 28.025(c-10)]. |
|
(2) "Full-time equivalent student" means 30 hours of |
|
contact a week between a student and career and technology |
|
education program personnel. |
|
[(c)
Funds allocated under this section, other than an
|
|
indirect cost allotment established under State Board of Education
|
|
rule, 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.
|
|
[(d)
The commissioner shall conduct a cost-benefit
|
|
comparison between career and technology education programs and
|
|
mathematics and science programs.
|
|
[(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 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.] |
|
Sec. 48.107 [42.157]. PUBLIC EDUCATION GRANT ALLOTMENT. |
|
(a) Except as provided by Subsection (b), for each student in |
|
average daily attendance who is using a public education grant |
|
under Subchapter G, Chapter 29, to attend school in a district other |
|
than the district in which the student resides, the district in |
|
which the student attends school is entitled to an annual allotment |
|
equal to the [adjusted] basic allotment multiplied by a weight of |
|
0.1. |
|
(b) The total number of allotments under this section to |
|
which a district is entitled may not exceed the number by which the |
|
number of students using public education grants to attend school |
|
in the district exceeds the number of students who reside in the |
|
district and use public education grants to attend school in |
|
another district. |
|
SECTION 1.021. Subchapter C, Chapter 48, Education Code, as |
|
added by this Act, is amended by adding Section 48.108 to read as |
|
follows: |
|
Sec. 48.108. EARLY READING ALLOTMENT. (a) For each student |
|
in average daily attendance in kindergarten through third grade, a |
|
school district is entitled to an annual allotment equal to the |
|
district's basic allotment multiplied by 0.1 if the student is: |
|
(1) educationally disadvantaged; or |
|
(2) in a bilingual education or special language |
|
program under Subchapter B, Chapter 29. |
|
(b) A school district is entitled to an allotment under each |
|
subdivision of Subsection (a) for which a student qualifies. |
|
(c) A school district may receive funding for a student |
|
under this section and under Sections 48.104 and 48.105, as |
|
applicable, if the student satisfies the requirements of each |
|
applicable section. |
|
SECTION 1.022. Chapter 48, Education Code, as added by this |
|
Act, is amended by adding Subchapter D, and a heading is added to |
|
that subchapter to read as follows: |
|
SUBCHAPTER D. ADDITIONAL FUNDING |
|
SECTION 1.023. Sections 42.155 and 42.158, Education Code, |
|
are transferred to Subchapter D, Chapter 48, Education Code, as |
|
added by this Act, redesignated as Sections 48.151 and 48.152, |
|
Education Code, and amended to read as follows: |
|
Sec. 48.151 [42.155]. TRANSPORTATION ALLOTMENT. (a) Each |
|
district or county operating a transportation system is entitled to |
|
allotments for transportation costs as provided by this section. |
|
(b) As used in this section: |
|
(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 allotment based on a rate |
|
per mile [the daily cost] per regular eligible student set [of
|
|
operating and maintaining the regular transportation system and the
|
|
linear density of that system. 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.] |
|
(d) A district or county may apply for and on approval of the |
|
commissioner receive an additional amount of up to 10 percent of its |
|
regular transportation allotment to be used for the transportation |
|
of children living within two miles of the school they attend who |
|
would be subject to hazardous traffic conditions or a high risk of |
|
violence if they walked to school. |
|
(d-1) For purposes of Subsection (d), each board of trustees |
|
shall provide to the commissioner an explanation of the hazardous |
|
traffic conditions or areas presenting a high risk of violence |
|
applicable to that district and shall identify the specific |
|
hazardous or high-risk areas for which the allocation is |
|
requested. A hazardous traffic condition exists where no walkway |
|
is provided and children must walk along or cross a freeway or |
|
expressway, an underpass, an overpass or a bridge, an uncontrolled |
|
major traffic artery, an industrial or commercial area, or another |
|
comparable condition. An area presents a high risk of violence if |
|
law enforcement records indicate a high incidence of violent crimes |
|
in the area. Each board of trustees requesting funds for an area |
|
presenting a high risk of violence must, in addition to the |
|
explanation required by this subsection, provide the commissioner |
|
with consolidated law enforcement records that document violent |
|
crimes identified by reporting agencies within the relevant |
|
jurisdiction. |
|
(d-2) A district or county may use all or part of any funds |
|
received under Subsection (d) to support community walking |
|
transportation programs, including walking school bus programs, |
|
provided that the district or county requires each supported |
|
program to submit a financial report to the district or county each |
|
semester that covers services provided by the program for the |
|
benefit of the district or county. The commissioner shall adopt |
|
rules governing the transportation allotment as necessary to permit |
|
a district or county to receive funds under Subsection (d) that may |
|
be used to support innovative school safety projects, including |
|
community walking transportation programs as provided by this |
|
subsection and any other appropriate safety project, including |
|
rules defining an approved walking route mile that may be used as |
|
necessary in implementing this subsection. |
|
(e) The commissioner may grant an amount set by |
|
appropriation for private or commercial transportation for |
|
eligible students from isolated areas. 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 |
|
official extracurricular travel per mile rate as set by the board of |
|
trustees and approved by the agency. |
|
(g) A school district or county that provides special |
|
transportation services for eligible special education students is |
|
entitled to a state allocation paid on a previous year's |
|
cost-per-mile basis. The [maximum] rate per mile allowable shall |
|
be set by appropriation based on data gathered from the first year |
|
of each preceding biennium. Districts may use a portion of their |
|
support allocation to pay transportation costs, if necessary. The |
|
commissioner may grant an amount set by appropriation for private |
|
transportation to reimburse parents or their agents for |
|
transporting eligible special education students. The mileage |
|
allowed shall be computed along the shortest public road from the |
|
student's home to school and back, morning and afternoon. The need |
|
for this type transportation shall be determined on an individual |
|
basis and shall be approved only in extreme hardship cases. |
|
(h) Funds allotted under this section must be used in |
|
providing transportation services. |
|
(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 approved |
|
daily route miles in the district [multiplied by the allotment per
|
|
mile to which the county transportation system is entitled]. |
|
(j) The Texas School for the Deaf is entitled to an |
|
allotment under this section. The commissioner shall determine the |
|
appropriate allotment. |
|
(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 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. |
|
(m) A school district shall be reimbursed on a per-mile |
|
basis for the cost of transporting a dual credit student to another |
|
campus in the district, a campus in another district, or a |
|
postsecondary educational institution for purposes of attending |
|
the course, if the course is not available at the student's campus. |
|
Sec. 48.152 [42.158]. NEW INSTRUCTIONAL FACILITY |
|
ALLOTMENT. (a) In this section: |
|
(1) "Instructional facility" has the meaning assigned |
|
by Section 46.001. |
|
(2) "New instructional facility" includes: |
|
(A) a newly constructed instructional facility; |
|
(B) a repurposed instructional facility; and |
|
(C) a leased facility operating for the first |
|
time as an instructional facility with a minimum lease term of not |
|
less than 10 years. |
|
(b) A school district is entitled to an additional allotment |
|
as provided by this section for operational expenses associated |
|
with opening a new instructional facility. |
|
(c) [(a-1)] A school district entitled to an allotment |
|
under this section may use funds from the district's allotment to |
|
renovate an existing instructional facility to serve as a dedicated |
|
cybersecurity computer laboratory. |
|
(d) [(b)] For the first school year in which students attend |
|
a new instructional facility, a school district is entitled to an |
|
allotment of $1,000 for each student in average daily attendance at |
|
the facility. For the second school year in which students attend |
|
that instructional facility, a school district is entitled to an |
|
allotment of $1,000 for each additional student in average daily |
|
attendance at the facility. |
|
(e) [(c)] For purposes of this section, the number of |
|
additional students in average daily attendance at a facility is |
|
the difference between the number of students in average daily |
|
attendance in the current year at that facility and the number of |
|
students in average daily attendance at that facility in the |
|
preceding year. |
|
(f) The [(d) Subject to Subsection (d-1), the] amount |
|
appropriated for allotments under this section may not exceed $100 |
|
[$25] million in a school year. If the total amount of allotments |
|
to which districts are entitled under this section for a school year |
|
exceeds the amount appropriated under this subsection, the |
|
commissioner shall reduce each district's allotment under this |
|
section in the manner provided by Section 48.266(f) [42.253(h)]. |
|
[(d-1)
In addition to the appropriation amount described by
|
|
Subsection (d), the amount of $1 million may be appropriated each
|
|
school year to supplement the allotment to which a school district
|
|
is entitled under this section that may be provided using the
|
|
appropriation amount described by Subsection (d).
The
|
|
commissioner shall first apply the funds appropriated under this
|
|
subsection to prevent any reduction under Subsection (d) in the
|
|
allotment for attendance at an eligible high school instructional
|
|
facility, subject to the maximum amount of $1,000 for each student
|
|
in average daily attendance.
Any funds remaining after preventing
|
|
all reductions in amounts due for high school instructional
|
|
facilities may be applied proportionally to all other eligible
|
|
instructional facilities, subject to the maximum amount of $1,000
|
|
for each student in average daily attendance.
|
|
[(e)
A school district that is required to take action under
|
|
Chapter 41 to reduce its wealth per student to the equalized wealth
|
|
level is entitled to a credit, in the amount of the allotments to
|
|
which the district is entitled under this section, against the
|
|
total amount required under Section 41.093 for the district to
|
|
purchase attendance credits. A school district that is otherwise
|
|
ineligible for state aid under this chapter is entitled to receive
|
|
allotments under this section.
|
|
[(f)
The commissioner may adopt rules necessary to
|
|
implement this section.
|
|
[(g) In this section:
|
|
[(1)
"Instructional facility" has the meaning
|
|
assigned by Section 46.001.
|
|
[(2) "New instructional facility" includes:
|
|
[(A) a newly constructed instructional facility;
|
|
[(B) a repurposed instructional facility; and
|
|
[(C)
a leased facility operating for the first
|
|
time as an instructional facility with a minimum lease term of not
|
|
less than 10 years.] |
|
SECTION 1.024. Subchapter D, Chapter 48, Education Code, as |
|
added by this Act, is amended by adding Sections 48.153, 48.154, |
|
48.155, 48.156, and 48.157 to read as follows: |
|
Sec. 48.153. EDUCATOR SALARY TRANSITION ALLOTMENT FOR |
|
MINIMUM SALARY INCREASE. (a) A school district to which Section |
|
21.402 applies for the 2019-2020 school year is entitled to receive |
|
an annual allotment as determined by the following formula: |
|
A = 1.5 X S - ((CYM&O - BYM&O) X ADA) |
|
where: |
|
"A" is the allotment a district receives for purposes of |
|
paying the increased costs associated with the minimum salary |
|
schedule under Section 21.402 beginning with the 2019-2020 school |
|
year; |
|
"S" is the total amount of additional costs a district would |
|
be required to pay for salary and benefits for employees subject to |
|
the minimum salary schedule in the 2017-2018 school year if the |
|
minimum salary schedule for the 2019-2020 school year applied to |
|
those employees; |
|
"CYM&O" is the amount of a district's maintenance and |
|
operations entitlement under this chapter per student in average |
|
daily attendance for the current school year; |
|
"BYM&O" is the amount of a district's maintenance and |
|
operations entitlement under this chapter per student in average |
|
daily attendance for the 2018-2019 school year; and |
|
"ADA" is the average daily attendance for a district for the |
|
current school year. |
|
(b) For purposes of calculating the formula in Subsection |
|
(a), the commissioner shall: |
|
(1) if the value of "A" results in a negative number, |
|
use zero for the value of "A"; |
|
(2) include in the calculation of an employee's salary |
|
and benefits an additional 4.2 percent of the amount that the |
|
employee is entitled to receive under the minimum salary schedule |
|
in effect for the 2019-2020 school year for the increased costs of |
|
Medicare and other payroll benefits; |
|
(3) exclude 50 percent of the following amounts to |
|
which a district is entitled in the calculation of a district's |
|
maintenance and operations entitlement: |
|
(A) the early reading allotment under Section |
|
48.108; |
|
(B) the educator effectiveness allotment under |
|
Section 48.154; and |
|
(C) amounts received as educator effectiveness |
|
fee reimbursement under Section 48.157; |
|
(4) adjust the calculation under Subsection (a) to |
|
reflect: |
|
(A) a reduction in tax effort by a district; |
|
(B) property value adjustments due to a disaster; |
|
(C) any additional state aid due to disaster |
|
remediation; and |
|
(D) the sparsity adjustment under Section |
|
48.052; |
|
(5) exclude funding provided to a district for the |
|
2018-2019 school year under former Sections 41.002(e)-(g) and |
|
former Subchapter H, Chapter 42; |
|
(6) if a school district receives a waiver relating to |
|
eligibility requirements for the national free or reduced-price |
|
lunch program under 42 U.S.C. Section 1751 et seq., use the number |
|
of educationally disadvantaged students on which the district's |
|
entitlement to compensatory education funds was based for the |
|
school year before the school year in which the district received |
|
the waiver, adjusted for estimated enrollment growth; and |
|
(7) include increased state contributions made under |
|
Section 825.405, Government Code, for the current school year as |
|
compared to the 2018-2019 school year. |
|
(c) A decision by the commissioner under this section is |
|
final and may not be appealed. |
|
Sec. 48.154. EDUCATOR EFFECTIVENESS ALLOTMENT. (a) In this |
|
section, "classroom teacher" has the meaning assigned by Section |
|
21.751. |
|
(b) For each classroom teacher with a teacher designation |
|
under Subchapter P, Chapter 21, employed by a school district, the |
|
school district is entitled to an allotment equal to: |
|
A = B + (SCE X DM) |
|
where: |
|
"A" is the allotment provided to a school district per |
|
classroom teacher who holds a teacher designation; |
|
"B" is the applicable base amount for a classroom teacher |
|
provided under Subsection (c); |
|
"SCE" is the state compensatory education factor determined |
|
under Subsection (d); and |
|
"DM" is the applicable designation multiplier for a classroom |
|
teacher under Subsection (e). |
|
(c) The base amount for each classroom teacher with a |
|
teacher designation is as follows: |
|
(1) $3,000 for each recognized teacher; |
|
(2) $6,000 for each exemplary teacher; and |
|
(3) $12,000 for each master teacher. |
|
(d) The state compensatory education factor is the amount |
|
equal to: |
|
(1) the sum of the individual student disadvantage |
|
index tier values divided by the total student population of the |
|
campus at which the teacher for which the allotment is being |
|
calculated is employed, where the individual student disadvantage |
|
index tier values are determined as follows: |
|
(A) for a student not assigned a weight for the |
|
compensatory education allotment under Section 48.104(b), 0; |
|
(B) for a student assigned the smallest weight |
|
for the compensatory education allotment under Section 48.104(b), |
|
0.5; |
|
(C) for a student assigned the second smallest |
|
weight for the compensatory education allotment under Section |
|
48.104(b), 1.0; |
|
(D) for a student assigned the third smallest |
|
weight for the compensatory education allotment under Section |
|
48.104(b), 2.0; |
|
(E) for a student assigned the second greatest |
|
weight for the compensatory education allotment under Section |
|
48.104(b), 3.0; and |
|
(F) for a student assigned the greatest weight |
|
under Section 48.104(b), 4.0; or |
|
(2) if the school district qualifies as a rural school |
|
district based on criteria adopted by the commissioner, the value |
|
that is the lesser of: |
|
(A) 4.0; or |
|
(B) the value that results from Subdivision (1) |
|
plus 2.0. |
|
(e) The designation multiplier is as follows for the |
|
applicable teacher designation: |
|
(1) $1,500 for recognized; |
|
(2) $3,000 for exemplary; and |
|
(3) $5,000 for master. |
|
(f) A district's allotment under Subsection (b) for a |
|
classroom teacher may not be greater than $32,000. |
|
(g) A school district is not eligible for an allotment under |
|
Subsection (b) for a classroom teacher whose designation has |
|
expired or been revoked. |
|
(h) The commissioner shall provide in an easily readable |
|
format a list of campuses with the potential allotment amounts that |
|
would be available for teachers with designations employed at the |
|
campus. |
|
(i) A district shall annually certify that all funds |
|
received under this section were used for: |
|
(1) educator compensation; |
|
(2) costs associated with implementing Subchapter P, |
|
Chapter 21; or |
|
(3) professional development for educators. |
|
(j) The commissioner shall provide funding under this |
|
section for teacher designations made on the basis of a classroom |
|
teacher's performance during the 2018-2019 school year if the |
|
district: |
|
(1) receives approval from the commissioner during the |
|
2019-2020 school year for the district's local teacher designation |
|
system; and |
|
(2) provides compensation to a classroom teacher for |
|
the 2019-2020 school year based on the teacher's qualifying |
|
performance for a designation. |
|
(j-1) Subsection (j) and this subsection expire September |
|
1, 2020. |
|
Sec. 48.155. COLLEGE PREPARATION ASSESSMENT REIMBURSEMENT. |
|
A school district is entitled to reimbursement for the amount of |
|
fees paid by the district for the administration of an assessment |
|
instrument under Section 39.0261(a)(3). |
|
Sec. 48.156. CERTIFICATION EXAMINATION REIMBURSEMENT. A |
|
school district is entitled to reimbursement for the amount of a |
|
subsidy paid by the district for a certification examination under |
|
Section 29.190(a) as provided by Section 29.190(c). |
|
Sec. 48.157. EDUCATOR EFFECTIVENESS FEE REIMBURSEMENT. (a) |
|
A school district is entitled to reimbursement for any fee paid |
|
under Subchapter P, Chapter 21, or membership fees paid to the |
|
National Board for Professional Standards for the purpose of |
|
Section 21.753(b). |
|
(b) The commissioner shall provide reimbursement under this |
|
section for fees relating to teacher designations made on the basis |
|
of a classroom teacher's performance during the 2018-2019 school |
|
year if the district: |
|
(1) receives approval from the commissioner during the |
|
2019-2020 school year for the district's local teacher designation |
|
system; and |
|
(2) provides compensation to a classroom teacher for |
|
the 2019-2020 school year based on the teacher's qualifying |
|
performance for a designation. |
|
(b-1) Subsection (b) and this subsection expire September |
|
1, 2020. |
|
SECTION 1.025. Chapter 48, Education Code, as added by this |
|
Act, is amended by adding Subchapter E, and a heading is added to |
|
that subchapter to read as follows: |
|
SUBCHAPTER E. TIER TWO ENTITLEMENT |
|
SECTION 1.026. Sections 42.301, 42.302, 42.303, and 42.304, |
|
Education Code, are transferred to Subchapter E, Chapter 48, |
|
Education Code, as added by this Act, redesignated as Sections |
|
48.201, 48.202, 48.203, and 48.204, Education Code, and amended to |
|
read as follows: |
|
Sec. 48.201 [42.301]. PURPOSE. The purpose of the tier |
|
two [guaranteed yield] component of the Foundation School Program |
|
is to provide each school district with the opportunity to provide |
|
the basic program and to supplement that program at a level of its |
|
own choice. An allotment under this subchapter may be used for any |
|
legal purpose other than capital outlay or debt service. |
|
Sec. 48.202 [42.302]. TIER TWO ALLOTMENT. (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 48.203 [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 48.258 [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 48.258 [42.2521], divided by 100. |
|
(a-1) 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 product of [greater of] the amount of district |
|
tax revenue per weighted student per cent of tax effort [that would
|
|
be] available to a [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 with maintenance and operations |
|
tax revenue per weighted student per cent of tax effort equal to the |
|
maximum amount provided per cent under Section 48.051(a) or (b) |
|
multiplied by 160 percent [used for purposes of this subdivision in
|
|
the preceding school year], for the first eight [six] cents by which |
|
the district's maintenance and operations tax rate exceeds the |
|
district's tier one tax rate [equal to the sum of 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 any additional tax effort
|
|
included in calculating the district's compressed tax rate under
|
|
Section 42.101(a-1)]; and |
|
(2) subject to Subsection (f), the product of the |
|
amount of district tax revenue per weighted student per cent of tax |
|
effort available to a district with maintenance and operations tax |
|
revenue per weighted student per cent of tax effort equal to the |
|
maximum amount provided per cent under Section 48.051(a) or (b) |
|
multiplied by 80 percent [$31.95], for the district's maintenance |
|
and operations tax effort that exceeds the amount of tax effort |
|
described by Subdivision (1). |
|
(a-2) The limitation on district enrichment tax rate |
|
("DTR") under Section 48.203 [42.303] does not apply to the |
|
district's maintenance and operations tax effort described by |
|
Subsection (a-1)(1). |
|
(b) In computing the district enrichment tax rate of a |
|
school district, the total amount of maintenance and operations |
|
taxes collected by the school district does not include the amount |
|
of: |
|
(1) the district's local fund assignment under Section |
|
48.256 [42.252]; or |
|
(2) taxes paid into a tax increment fund under Chapter |
|
311, Tax Code. |
|
(c) For purposes of this section, school district taxes for |
|
which credit is granted under Section 31.035, 31.036, or 31.037, |
|
Tax Code, are considered taxes collected by the school district as |
|
if the taxes were paid when the credit for the taxes was granted. |
|
(d) For purposes of this section, the total amount of |
|
maintenance and operations taxes collected for an applicable school |
|
year by a school district with alternate tax dates, as authorized by |
|
Section 26.135, Tax Code, is the amount of taxes collected on or |
|
after January 1 of the year in which the school year begins and not |
|
later than December 31 of the same year. |
|
(e) For purposes of this section, school district taxes for |
|
which credit is granted under former Subchapter D, Chapter 313, Tax |
|
Code, are considered taxes collected by the school district as if |
|
the taxes were paid when the credit for the taxes was granted. |
|
(f) For a school year in which a school district's dollar |
|
amount guaranteed level of state and local funds under Subsection |
|
(a-1)(2) results in a greater amount of district tax revenue per |
|
weighted student per cent of tax effort than for the preceding |
|
school year, the school district shall reduce the district's tax |
|
rate under Section 45.0032(b)(2) for that tax year to a rate that |
|
results in the amount of district tax revenue per weighted student |
|
per cent of tax effort available to the district for the preceding |
|
year. A school district is not entitled to the amount equal to the |
|
increase of district tax revenue described under this section |
|
during the tax year in which the district must reduce the district's |
|
tax rate. This subsection does not apply if the amount of state |
|
funds for a school year specifically excludes the amount necessary |
|
to provide the dollar amount guaranteed level of state and local |
|
funds per weighted student per cent of tax effort under Subsection |
|
(a-1)(2) [If a school district imposes a maintenance and operations
|
|
tax at a rate greater than 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, the district is entitled to
|
|
receive an allotment under this section on the basis of that greater
|
|
tax effort]. |
|
Sec. 48.203 [42.303]. LIMITATION ON ENRICHMENT TAX RATE. |
|
The district enrichment tax rate ("DTR") under Section 48.202 |
|
[42.302] may not exceed the amount per $100 of valuation by which |
|
the maximum rate permitted under Section 45.003 exceeds the rate |
|
used to determine the district's local share under Section 48.256 |
|
[42.252], or a greater amount for any year provided by |
|
appropriation. |
|
Sec. 48.204 [42.304]. COMPUTATION OF AID FOR DISTRICT ON |
|
MILITARY RESERVATION OR AT STATE SCHOOL. State assistance under |
|
this subchapter for a school district located on a federal military |
|
installation or at Moody State School is computed using the average |
|
tax rate and property value per student of school districts in the |
|
county, as determined by the commissioner. |
|
SECTION 1.027. Chapter 48, Education Code, as added by this |
|
Act, is amended by adding Subchapter F, and a heading is added to |
|
that subchapter to read as follows: |
|
SUBCHAPTER F. FINANCING THE PROGRAM |
|
SECTION 1.028. Sections 42.251, 42.2511, 42.2514, 42.2515, |
|
42.2516, and 42.252, Education Code, are transferred to Subchapter |
|
F, Chapter 48, Education Code, as added by this Act, redesignated as |
|
Sections 48.251, 48.252, 48.253, 48.254, 48.255, and 48.256, |
|
Education Code, and amended to read as follows: |
|
Sec. 48.251 [42.251]. FINANCING; GENERAL RULE. (a) The |
|
cost of the Foundation School Program for a school district is the |
|
total sum of: |
|
(1) the sum of the tier one allotments and other |
|
funding as follows: |
|
(A) the basic allotment under Subchapter B; |
|
(B) [and] the student-based [special] allotments |
|
under Subchapter C; and |
|
(C) the additional funding under Subchapter D; |
|
and |
|
(2) [, computed in accordance with this chapter,
|
|
constitute the tier one allotments. The sum of the tier one
|
|
allotments and] the tier two allotment [guaranteed yield
|
|
allotments] under Subchapter E. |
|
(b) The sum of the Foundation School Program maintenance and |
|
operations costs for all accredited school districts in this state |
|
constitutes [F, computed in accordance with this chapter,
|
|
constitute] the total maintenance and operations cost of the |
|
Foundation School Program. |
|
(c) [(b)] The program shall be financed by: |
|
(1) state available school funds distributed in |
|
accordance with the law [ad valorem tax revenue generated by an
|
|
equalized uniform school district effort]; |
|
(2) ad valorem tax revenue generated by local school |
|
district effort [in excess of the equalized uniform school district
|
|
effort]; and |
|
(3) [state available school funds distributed in
|
|
accordance with law; and
|
|
[(4)] state funds appropriated for the purposes of |
|
public school education and allocated to each district in an amount |
|
sufficient to finance the cost of each district's Foundation School |
|
Program not covered by other funds specified in this subsection. |
|
Sec. 48.252 [42.2511]. SCHOOL DISTRICT ENTITLEMENT FOR |
|
CERTAIN STUDENTS. (a) This section applies only to: |
|
(1) a school district and an open-enrollment charter |
|
school that enter into a contract to operate a district campus as |
|
provided by Section 11.174; and |
|
(2) a charter granted by a school district for a |
|
program operated by an entity that has entered into a contract under |
|
Section 11.174, provided that the district does not appoint a |
|
majority of the governing body of the charter holder. |
|
(b) Notwithstanding any other provision of this chapter or |
|
Chapter 49 [41], a school district subject to this section is |
|
entitled to receive for each student in average daily attendance at |
|
the campus described by Subsection (a) an amount equivalent to the |
|
difference, if the difference results in increased funding, |
|
between: |
|
(1) the amount described by Section 12.106; and |
|
(2) the amount to which the district would be entitled |
|
under this chapter. |
|
(c) The commissioner shall adopt rules as necessary to |
|
administer this section. |
|
Sec. 48.253 [42.2514]. ADDITIONAL STATE AID FOR TAX |
|
INCREMENT FINANCING PAYMENTS. (a) For each school year, a school |
|
district[, including a school district that is otherwise ineligible
|
|
for state aid under this chapter,] is entitled to state aid in an |
|
amount equal to the amount the district is required to pay into the |
|
tax increment fund for a reinvestment zone under Section |
|
311.013(n), Tax Code. |
|
(b) A school district shall provide to the agency any |
|
agreements, amendments to agreements, or other information |
|
required by the agency to implement this section. |
|
(c) This section does not apply to an amount a district is |
|
required to pay for an obligation refinanced or renewed after |
|
September 1, 2019. |
|
Sec. 48.254 [42.2515]. ADDITIONAL STATE AID FOR AD VALOREM |
|
TAX CREDITS UNDER TEXAS ECONOMIC DEVELOPMENT ACT. [(a)] For each |
|
school year, a school district, including a school district that is |
|
otherwise ineligible for state aid under this chapter, is entitled |
|
to state aid in an amount equal to the amount of all tax credits |
|
credited against ad valorem taxes of the district in that year under |
|
former Subchapter D, Chapter 313, Tax Code. |
|
[(b)
The commissioner may adopt rules to implement and
|
|
administer this section.] |
|
Sec. 48.255 [42.2516]. STATE COMPRESSION PERCENTAGE. (a) |
|
In this title, "state compression percentage" means the percentage |
|
of the rate of $1.00 per $100 valuation of taxable property at which |
|
a school district must levy a [district's adopted] maintenance and |
|
operations tax to receive the full amount of the tier one allotment |
|
to which the district is entitled under this chapter. |
|
(b) The [tax rate for the 2005 tax year that serves as the
|
|
basis for state funding. If the] state compression percentage is: |
|
(1) 96 percent; or |
|
(2) a lower percentage set [not established] by |
|
appropriation for a school year. |
|
(c) The[, the] commissioner may adopt rules as necessary to |
|
implement this section. [shall determine the state compression
|
|
percentage for each school year based on the percentage by which a
|
|
district is able to reduce the district's maintenance and
|
|
operations tax rate for that year, as compared to the district's
|
|
adopted maintenance and operations tax rate for the 2005 tax year,
|
|
as a result of state funds appropriated for that year from the
|
|
property tax relief fund established under Section 403.109,
|
|
Government Code, or from another funding source available for
|
|
school district property tax relief.
|
|
[(g)
The commissioner may adopt rules necessary to
|
|
implement this section.
|
|
[(h)
A determination by the commissioner under this section
|
|
is final and may not be appealed.] |
|
Sec. 48.256 [42.252]. LOCAL SHARE OF PROGRAM COST (TIER |
|
ONE). (a) Each school district's share of the Foundation School |
|
Program is determined by the following formula: |
|
LFA = TR X DPV |
|
where: |
|
"LFA" is the school district's local share; |
|
"TR" is the school district's adopted tier one maintenance |
|
and operations [a] tax rate, as described by Section 45.0032(c) |
|
[which] for each hundred dollars of valuation [is an effective tax
|
|
rate of the amount equal to the product of the state compression
|
|
percentage, as determined under Section 42.2516, multiplied by the
|
|
lesser of:
|
|
[(1) $1.50; or
|
|
[(2)
the maintenance and operations tax rate adopted
|
|
by the district for the 2005 tax year]; and |
|
"DPV" is the taxable value of property in the school district |
|
for the preceding tax year determined under Subchapter M, Chapter |
|
403, Government Code. |
|
[(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).] |
|
(b) The commissioner shall adjust the values reported by [in
|
|
the official report of] the comptroller [as required by Section
|
|
5.09(a), Tax Code,] to reflect reductions in taxable value of |
|
property resulting from natural or economic disaster [after January
|
|
1] in the year in which the valuations are determined. The decision |
|
of the commissioner is final. An adjustment does not affect the |
|
local fund assignment of any other school district. |
|
(c) Appeals of district values shall be held pursuant to |
|
Section 403.303, Government Code. |
|
(d) A school district must raise its total local share of |
|
the Foundation School Program to be eligible to receive foundation |
|
school fund payments. |
|
SECTION 1.029. Subchapter F, Chapter 48, Education Code, as |
|
added by this Act, is amended by adding Section 48.257 to read as |
|
follows: |
|
Sec. 48.257. LOCAL REVENUE LEVEL IN EXCESS OF ENTITLEMENT. |
|
(a) Subject to Subsection (b), if a school district's tier one |
|
revenue level, which is the sum of the district's tier one local |
|
share under Section 48.256 and distribution from the state |
|
available school fund, exceeds the district's entitlement under |
|
Section 48.266(a)(1), the district must reduce the district's tier |
|
one revenue level in accordance with Chapter 49 to a level not to |
|
exceed the district's entitlement under Section 48.266(a)(1). |
|
(b) This subsection applies only to a school district to |
|
which Subsection (a) applies. If the sum of a district's |
|
maintenance and operations tax collections for the current tax year |
|
minus the district's tier one revenue level under Subsection (a) is |
|
less than the amount of the district's entitlement under Section |
|
48.266(a)(1), the agency shall adjust the amount of the district's |
|
tier one revenue level under Subsection (a) to ensure that the |
|
district retains the amount of local funds necessary for the |
|
district's entitlement under Section 48.266(a)(1). |
|
(c) For purposes of Subsection (a), state aid to which a |
|
district is entitled under this chapter that is not described by |
|
Section 48.266(a)(1) or (2) may offset the amount by which a |
|
district must reduce the district's tier one revenue level under |
|
Subsection (a). Any amount of state aid used as an offset under this |
|
subsection shall reduce the amount of state aid to which the |
|
district is entitled. |
|
(d) Except as provided by Subsection (e), a school district |
|
is entitled to retain the total amount of the district's tier two |
|
local share described by Section 48.266(a)(5)(A). |
|
(e) In any school year for which the amount of state funds |
|
appropriated specifically excludes the amount necessary to provide |
|
the dollar amount guaranteed level of state and local funds per |
|
weighted student per cent of tax effort under Section |
|
48.202(a-1)(1), a district may only retain the amount of the |
|
district's tier two local share described by Section |
|
48.266(a)(5)(A) equal to the amount of revenue that would be |
|
generated based on the amount appropriated for the dollar amount |
|
guaranteed level of state and local funds. |
|
(f) The amount of a school district's tier two local share |
|
described by Section 48.266(a)(5)(B) to which a district is |
|
entitled may not exceed the amount described by Section |
|
48.202(a-1)(2). |
|
SECTION 1.030. Sections 41.002(e), (f), and (g), Education |
|
Code, are transferred to Section 48.257, Education Code, as added |
|
by this Act, redesignated as Sections 48.257(g), (h), and (i), |
|
Education Code, and amended to read as follows: |
|
(g) [(e)] Notwithstanding Subsections [Subsection] (a), |
|
(d), and (f), and except as provided by Subsection (i) [(g)], in |
|
accordance with a determination of the commissioner, the local |
|
revenue level [wealth per student] that a school district may have |
|
after exercising an option under Section 49.002(2) [41.003(2)] or |
|
(3) may not be less than the amount needed to maintain state and |
|
local revenue in an amount equal to state and local revenue per |
|
weighted student for maintenance and operation of the district for |
|
the 1992-1993 school year less the district's current year |
|
distribution per weighted student from the available school fund, |
|
other than amounts distributed under Chapter 31, if the district |
|
imposes an effective tax rate for maintenance and operation of the |
|
district equal to the greater of the district's current tax rate or |
|
$1.50 on the $100 valuation of taxable property. |
|
(h) [(f)] For purposes of Subsection (g) [(e)], a school |
|
district's effective tax rate is determined by dividing the total |
|
amount of taxes collected by the district for the applicable school |
|
year less any amounts paid into a tax increment fund under Chapter |
|
311, Tax Code, by the quotient of the district's taxable value of |
|
property, as determined under Subchapter M, Chapter 403, Government |
|
Code, divided by 100. |
|
(i) [(g)] The local revenue level [wealth per student] that |
|
a district may have under Subsection (g) [(e)] is adjusted as |
|
follows: |
|
ALRL [AWPS] = LRL [WPS] X (((ERL [EWL]/280,000 - 1) X DTR/1.17) + 1) |
|
where: |
|
"ALRL" ["AWPS"] is the district's local revenue level |
|
[wealth per student]; |
|
"LRL" ["WPS"] is the district's local revenue level |
|
[wealth per student] determined under Subsection (g) [(e)]; |
|
"ERL" ["EWL"] is the local revenue level under this |
|
section to which a district is entitled [equalized wealth level]; |
|
and |
|
"DTR" is the district's adopted maintenance and |
|
operations tax rate for the current school year. |
|
SECTION 1.031. Section 48.257, Education Code, as added by |
|
this Act, is amended by adding Subsections (j) and (j-1) to read as |
|
follows: |
|
(j) Notwithstanding any other provision of this section, |
|
the local revenue level that a school district may have under |
|
Subsections (g)-(i) is reduced by the following amounts: |
|
(1) for the 2020-2021 school year, an amount equal to |
|
20 percent of the difference between the local revenue level for the |
|
district calculated under Subsections (g)-(i) and the local revenue |
|
level permitted under Subsections (a), (d), and (f); |
|
(2) for the 2021-2022 school year, an amount equal to |
|
40 percent of the difference between the local revenue level for the |
|
district calculated under Subsections (g)-(i) and the local revenue |
|
level permitted under Subsections (a), (d), and (f); |
|
(3) for the 2022-2023 school year, an amount equal to |
|
60 percent of the difference between the local revenue level for the |
|
district calculated under Subsections (g)-(i) and the local revenue |
|
level permitted under Subsections (a), (d), and (f); and |
|
(4) for the 2023-2024 school year, an amount equal to |
|
80 percent of the difference between the local revenue level for the |
|
district calculated under Subsections (g)-(i) and the local revenue |
|
level permitted under Subsections (a), (d), and (f). |
|
(j-1) Subsection (j) and this subsection expire September |
|
1, 2024. |
|
SECTION 1.032. Sections 42.2521, 42.2522, 42.2523, |
|
42.2524, 42.2525, 42.2526, 42.2527, 42.2528, 42.253, 42.2531, |
|
42.2532, 42.254, 42.255, 42.257, 42.258, 42.259, 42.2591, 42.260, |
|
and 42.262, Education Code, are transferred to Subchapter F, |
|
Chapter 48, Education Code, as added by this Act, redesignated as |
|
Sections 48.258, 48.259, 48.260, 48.261, 48.262, 48.263, 48.264, |
|
48.265, 48.266, 48.267, 48.268, 48.269, 48.270, 48.271, 48.272, |
|
48.273, 48.274, 48.275, and 48.276, Education Code, and amended to |
|
read as follows: |
|
Sec. 48.258 [42.2521]. ADJUSTMENT FOR RAPID DECLINE IN |
|
TAXABLE VALUE OF PROPERTY. (a) For purposes of Chapters [41 and] |
|
46 and 49 and this chapter, and to the extent money specifically |
|
authorized to be used under this section is available, the |
|
commissioner shall adjust the taxable value of property in a school |
|
district that, due to factors beyond the control of the board of |
|
trustees, experiences a rapid decline in the tax base used in |
|
calculating taxable values in excess of four percent of the tax base |
|
used in the preceding year. |
|
(b) To the extent that a sufficient amount of money is not |
|
available to fund all adjustments under this section, the |
|
commissioner shall reduce adjustments in the manner provided by |
|
Section 48.266(f) [42.253(h)] so that the total amount of |
|
adjustments equals the amount of money available to fund the |
|
adjustments. |
|
(c) A decision of the commissioner under this section is |
|
final and may not be appealed. |
|
Sec. 48.259 [42.2522]. ADJUSTMENT FOR OPTIONAL HOMESTEAD |
|
EXEMPTION. (a) In any school year, the commissioner may not |
|
provide funding under this chapter or Chapter 46 based on a school |
|
district's taxable value of property computed in accordance with |
|
Section 403.302(d)(2), Government Code, unless: |
|
(1) funds are specifically appropriated for purposes |
|
of this section; or |
|
(2) the commissioner determines that the total amount |
|
of state funds appropriated for purposes of the Foundation School |
|
Program for the school year exceeds the amount of state funds |
|
distributed to school districts in accordance with Section 48.266 |
|
[42.253] based on the taxable values of property in school |
|
districts computed in accordance with Section 403.302(d), |
|
Government Code, without any deduction for residence homestead |
|
exemptions granted under Section 11.13(n), Tax Code. |
|
(b) In making a determination under Subsection (a)(2), the |
|
commissioner shall: |
|
(1) notwithstanding Section 48.266(b) [42.253(b)], |
|
reduce the entitlement under this chapter of a school district |
|
whose final taxable value of property is higher than the estimate |
|
under Section 48.269 [42.254] and make payments to school districts |
|
accordingly; and |
|
(2) give priority to school districts that, due to |
|
factors beyond the control of the board of trustees, experience a |
|
rapid decline in the tax base used in calculating taxable values in |
|
excess of four percent of the tax base used in the preceding year. |
|
(c) In the first year of a state fiscal biennium, before |
|
providing funding as provided by Subsection (a)(2), the |
|
commissioner shall ensure that sufficient appropriated funds for |
|
purposes of the Foundation School Program are available for the |
|
second year of the biennium, including funds to be used for purposes |
|
of Section 48.258 [42.2521]. |
|
(d) If the commissioner determines that the amount of funds |
|
available under Subsection (a)(1) or (2) does not at least equal the |
|
total amount of state funding to which districts would be entitled |
|
if state funding under this chapter were based on the taxable values |
|
of property in school districts computed in accordance with Section |
|
403.302(d)(2), Government Code, the commissioner may, to the extent |
|
necessary, provide state funding based on a uniform lesser fraction |
|
of the deduction under Section 403.302(d)(2), Government Code. |
|
(e) The commissioner shall notify school districts as soon |
|
as practicable as to the availability of funds under this section. |
|
For purposes of computing a ratification [rollback] tax rate under |
|
Section 26.08, Tax Code, a district shall adjust the district's tax |
|
rate limit to reflect assistance received under this section. |
|
Sec. 48.260 [42.2523]. ADJUSTMENT FOR PROPERTY VALUE |
|
AFFECTED BY STATE OF DISASTER. (a) For purposes of Chapters [41
|
|
and] 46 and 49 and this chapter, the commissioner shall adjust the |
|
taxable value of property of a school district all or part of which |
|
is located in an area declared a disaster area by the governor under |
|
Chapter 418, Government Code, as necessary to ensure that the |
|
district receives funding based as soon as possible on property |
|
values as affected by the disaster. |
|
(b) The commissioner may fund adjustments under this |
|
section using funds specifically appropriated for the purpose or |
|
other funds available to the commissioner for that purpose. |
|
(c) [(d)] A decision of the commissioner under this section |
|
is final and may not be appealed. |
|
Sec. 48.261 [42.2524]. REIMBURSEMENT FOR DISASTER |
|
REMEDIATION COSTS. (a) This section applies only to a school |
|
district all or part of which is located in an area declared a |
|
disaster area by the governor under Chapter 418, Government Code, |
|
and that incurs disaster remediation costs as a result of the |
|
disaster. |
|
(b) During the two-year period following the date of the |
|
governor's initial proclamation or executive order declaring a |
|
state of disaster, a district may apply to the commissioner for |
|
reimbursement of disaster remediation costs that the district pays |
|
during that period and does not anticipate recovering through |
|
insurance proceeds, federal disaster relief payments, or another |
|
similar source of reimbursement. |
|
(c) The commissioner may provide reimbursement under this |
|
section only if funds are available for that purpose from [as
|
|
follows]: |
|
(1) [reimbursement for a school district not required
|
|
to take action under Chapter 41 may be provided from:
|
|
[(A)] amounts appropriated for that purpose, |
|
including amounts appropriated for school [those] districts for |
|
that purpose to the disaster contingency fund established under |
|
Section 418.073, Government Code; or |
|
(2) [(B)] Foundation School Program funds available |
|
for that purpose, based on a determination by the commissioner that |
|
the amount appropriated for the Foundation School Program, |
|
including the facilities component as provided by Chapter 46, |
|
exceeds the amount to which districts are entitled under this |
|
chapter and Chapter 46[; and
|
|
[(2)
reimbursement for a school district required to
|
|
take action under Chapter 41 may be provided from funds described by
|
|
Subdivision (1)(B) if funds remain available after fully
|
|
reimbursing each school district described by Subdivision (1) for
|
|
its disaster remediation costs]. |
|
(d) [If the amount of money available for purposes of
|
|
reimbursing school districts not required to take action under
|
|
Chapter 41 is not sufficient to fully reimburse each district's
|
|
disaster remediation costs, the commissioner shall reduce the
|
|
amount of assistance provided to each of those districts
|
|
proportionately. If the amount of money available for purposes of
|
|
reimbursing school districts required to take action under Chapter
|
|
41 is not sufficient to fully reimburse each district's disaster
|
|
remediation costs, the commissioner shall reduce the amount of
|
|
assistance provided to each of those districts proportionately.
|
|
[(e)] A district seeking reimbursement under this section |
|
must provide the commissioner with adequate documentation of the |
|
costs for which the district seeks reimbursement. |
|
(e) [(f)
A district required to take action under Chapter
|
|
41:
|
|
[(1)
may, at its discretion, receive assistance
|
|
provided under this section either as a payment of state aid under
|
|
this chapter or as a reduction in the total amount required to be
|
|
paid by the district for attendance credits under Section 41.093;
|
|
and
|
|
[(2)
may not obtain reimbursement under this section
|
|
for the payment of any disaster remediation costs that resulted in a
|
|
reduction under Section 41.0931 of the district's cost of
|
|
attendance credits.
|
|
[(h)] The commissioner shall adopt rules necessary to |
|
implement this section, including rules defining "disaster |
|
remediation costs" for purposes of this section and specifying the |
|
type of documentation required under Subsection (d) [(e)]. |
|
(f) [(i)] Notwithstanding any other provision of this |
|
section, the commissioner may permit a district to use amounts |
|
provided to a district under this section to pay the costs of |
|
replacing a facility instead of repairing the facility. The |
|
commissioner shall ensure that a district that elects to replace a |
|
facility does not receive an amount under this section that exceeds |
|
the lesser of: |
|
(1) the amount that would be provided to the district |
|
if the facility were repaired; or |
|
(2) the amount necessary to replace the facility. |
|
(g) [(j)] This section does not require the commissioner to |
|
provide any requested reimbursement. A decision of the |
|
commissioner regarding reimbursement is final and may not be |
|
appealed. |
|
Sec. 48.262 [42.2525]. ADJUSTMENTS FOR CERTAIN DISTRICTS |
|
RECEIVING FEDERAL IMPACT AID. The commissioner is granted the |
|
authority to ensure that school districts receiving federal impact |
|
aid due to the presence of a military installation or significant |
|
concentrations of military students do not receive more than an |
|
eight percent reduction should the federal government reduce |
|
appropriations to those schools. |
|
Sec. 48.263 [42.2526]. ADJUSTMENT FOR DISTRICT OPERATING |
|
PILOT PROGRAM. (a) This section applies only to a school district |
|
operating a pilot program authorized by Section 28.0255. |
|
(b) Beginning with the first school year that follows the |
|
first school year in which students receive high school diplomas |
|
under the pilot program authorized by Section 28.0255 and |
|
continuing for every subsequent school year that the district |
|
operates the pilot program, the commissioner shall provide funding |
|
for the district's prekindergarten program under Section 29.153 on |
|
a full-day basis for a number of prekindergarten students equal to |
|
twice the number of students who received a high school diploma |
|
under the pilot program authorized by Section 28.0255 during the |
|
preceding school year. |
|
(c) This section expires September 1, 2023. |
|
Sec. 48.264 [42.2527]. ADJUSTMENT FOR CERTAIN DISTRICTS |
|
WITH EARLY HIGH SCHOOL GRADUATION PROGRAMS. (a) As a pilot program |
|
to enable the state to evaluate the benefit of providing additional |
|
funding at the prekindergarten level for low-income students, the |
|
commissioner shall provide prekindergarten funding in accordance |
|
with this section to a school district located in a county that |
|
borders the United Mexican States and the Gulf of Mexico. |
|
(b) The commissioner shall provide funding for a school |
|
district's prekindergarten program on a half-day basis for a number |
|
of low-income prekindergarten students equal to twice the number of |
|
students who received, as a result of participation in an early high |
|
school graduation program operated by the district, a high school |
|
diploma from the district during the preceding school year after |
|
three years of secondary school attendance. |
|
(c) The commissioner may adopt rules necessary to implement |
|
this section. |
|
(d) This section expires September 1, 2023. |
|
Sec. 48.265 [42.2528]. EXCESS FUNDS FOR VIDEO SURVEILLANCE |
|
OF SPECIAL EDUCATION SETTINGS. (a) Notwithstanding any other |
|
provision of law, if the commissioner determines that the amount |
|
appropriated for the purposes of the Foundation School Program |
|
exceeds the amount to which school districts are entitled under |
|
this chapter, the commissioner by rule shall establish a grant |
|
program through which excess funds are awarded as grants for the |
|
purchase of video equipment, or for the reimbursement of costs for |
|
previously purchased video equipment, used for monitoring special |
|
education classrooms or other special education settings required |
|
under Section 29.022. |
|
(b) In awarding grants under this section, the commissioner |
|
shall give highest priority to districts with maintenance and |
|
operations tax rates at the greatest rates permitted by law. The |
|
commissioner shall also give priority to: |
|
(1) districts with maintenance and operations tax |
|
rates at least equal to the state maximum compressed tax rate, as |
|
defined by Section 48.051(a) [42.101(a)], and lowest amounts of |
|
maintenance and operations tax revenue per weighted student; and |
|
(2) districts with debt service tax rates near or |
|
equal to the greatest rates permitted by law. |
|
(c) The commissioner may adopt rules to implement and |
|
administer this section. |
|
Sec. 48.266 [42.253]. DISTRIBUTION OF FOUNDATION SCHOOL |
|
FUND. (a) For each school year the commissioner shall determine: |
|
(1) the amount of money to which a school district is |
|
entitled under Subchapters B, [and] C, and D; |
|
(2) the amount of money to which a school district is |
|
entitled under Subchapter E [F]; |
|
(3) the amount of money allocated to the district from |
|
the available school fund; |
|
(4) the amount of each district's tier one local share |
|
under Section 48.256 [42.252]; and |
|
(5) the amount of each district's tier two local share |
|
under Section 48.202 for: |
|
(A) the district's maintenance and operations |
|
tax effort described by Section 48.202(a-1)(1); and |
|
(B) the district's maintenance and operations |
|
tax effort described by Section 48.202(a-1)(2) [42.302]. |
|
(b) Except as provided by this subsection, the commissioner |
|
shall base the determinations under Subsection (a) on the estimates |
|
provided to the legislature under Section 48.269 [42.254], or, if |
|
the General Appropriations Act provides estimates for that purpose, |
|
on the estimates provided under that Act, for each school district |
|
for each school year. The commissioner shall reduce the |
|
entitlement of each district that has a final taxable value of |
|
property for the second year of a state fiscal biennium that is |
|
higher than the estimate under Section 48.269 [42.254] or the |
|
General Appropriations Act, as applicable. A reduction under this |
|
subsection may not reduce the district's entitlement below the |
|
amount to which it is entitled at its actual taxable value of |
|
property. |
|
(c) Each school district is entitled to an amount equal to |
|
the difference for that district between the sum of Subsections |
|
(a)(1) and (a)(2) and the sum of Subsections (a)(3), (a)(4), and |
|
(a)(5). |
|
(d) The commissioner shall approve warrants to each school |
|
district equaling the amount of its entitlement except as provided |
|
by this section. Warrants for all money expended according to this |
|
chapter shall be approved and transmitted to treasurers or |
|
depositories of school districts in the same manner that warrants |
|
for state payments are transmitted. The total amount of the |
|
warrants issued under this section may not exceed the total amount |
|
appropriated for Foundation School Program purposes for that fiscal |
|
year. |
|
(e) [(g)] If a school district demonstrates to the |
|
satisfaction of the commissioner that the estimate of the |
|
district's tax rate, student enrollment, or taxable value of |
|
property used in determining the amount of state funds to which the |
|
district is entitled are so inaccurate as to result in undue |
|
financial hardship to the district, the commissioner may adjust |
|
funding to that district in that school year to the extent that |
|
funds are available for that year. |
|
(f) [(h)] If the amount appropriated for the Foundation |
|
School Program for the second year of a state fiscal biennium is |
|
less than the amount to which school districts and open-enrollment |
|
charter schools are entitled for that year, the commissioner shall |
|
certify the amount of the difference to the Legislative Budget |
|
Board not later than January 1 of the second year of the state |
|
fiscal biennium. The Legislative Budget Board shall propose to the |
|
legislature that the certified amount be transferred to the |
|
foundation school fund from the economic stabilization fund and |
|
appropriated for the purpose of increases in allocations under this |
|
subsection. If the legislature fails during the regular session to |
|
enact the proposed transfer and appropriation and there are not |
|
funds available under Subsection (h) [(j)], the commissioner shall |
|
adjust the total amounts due to each school district and |
|
open-enrollment charter school under this chapter and the total |
|
amounts necessary for each school district to comply with the |
|
requirements of Chapter 49 [41] by an amount determined by applying |
|
to each district and school the same percentage adjustment to the |
|
total amount of state and local revenue due to the district or |
|
school under this chapter and Chapter 49 [41] so that the total |
|
amount of the adjustment to all districts and schools results in an |
|
amount equal to the total adjustment necessary. The following |
|
fiscal year: |
|
(1) a district's or school's entitlement under this |
|
section is increased by an amount equal to the adjustment made |
|
under this subsection; and |
|
(2) the amount necessary for a district to comply with |
|
the requirements of Chapter 49 [41] is reduced by an amount |
|
necessary to ensure a district's full recovery of the adjustment |
|
made under this subsection. |
|
(g) [(i)] Not later than March 1 each year, the commissioner |
|
shall determine the actual amount of state funds to which each |
|
school district is entitled under the allocation formulas in this |
|
chapter for the current school year and shall compare that amount |
|
with the amount of the warrants issued to each district for that |
|
year. If the amount of the warrants differs from the amount to |
|
which a district is entitled because of variations in the |
|
district's tax rate, student enrollment, or taxable value of |
|
property, the commissioner shall adjust the district's entitlement |
|
for the next fiscal year accordingly. |
|
(h) [(j)] The legislature may appropriate funds necessary |
|
for increases under Subsection (g) [(i)] from funds that the |
|
comptroller, at any time during the fiscal year, finds are |
|
available. |
|
(i) [(k)] The commissioner shall compute for each school |
|
district the total amount by which the district's allocation of |
|
state funds is increased or reduced under Subsection (g) [(i)] and |
|
shall certify that amount to the district. |
|
Sec. 48.267 [42.2531]. ADJUSTMENT BY COMMISSIONER. (a) |
|
The commissioner may make adjustments to amounts due to a school |
|
district under this chapter or Chapter 46, or to amounts necessary |
|
for a district to comply with the requirements of Chapter 49 [41], |
|
as provided by this section. |
|
(b) A school district that has a major taxpayer, as |
|
determined by the commissioner, that because of a protest of the |
|
valuation of the taxpayer's property fails to pay all or a portion |
|
of the ad valorem taxes due to the district may apply to the |
|
commissioner to have the district's taxable value of property or ad |
|
valorem tax collections adjusted for purposes of this chapter or |
|
Chapter [41 or] 46 or 49. The commissioner may make the adjustment |
|
only to the extent the commissioner determines that making the |
|
adjustment will not: |
|
(1) in the fiscal year in which the adjustment is made, |
|
cause the amount to which school districts are entitled under this |
|
chapter to exceed the amount appropriated for purposes of the |
|
Foundation School Program for that year; and |
|
(2) if the adjustment is made in the first year of a |
|
state fiscal biennium, cause the amount to which school districts |
|
are entitled under this chapter for the second year of the biennium |
|
to exceed the amount appropriated for purposes of the Foundation |
|
School Program for that year. |
|
(c) The commissioner shall recover the benefit of any |
|
adjustment made under this section by making offsetting adjustments |
|
in the school district's taxable value of property or ad valorem tax |
|
collections for purposes of this chapter or Chapter [41 or] 46 or 49 |
|
on a final determination of the taxable value of property that was |
|
the basis of the original adjustment, or in the second school year |
|
following the year in which the adjustment is made, whichever is |
|
earlier. |
|
(d) This section does not require the commissioner to make |
|
any requested adjustment. A determination by the commissioner |
|
under this section is final and may not be appealed. |
|
Sec. 48.268 [42.2532]. ADJUSTMENT FOR RESOLUTION OF |
|
DISPUTE OR ERROR RESULTING IN TAXATION OF SAME PROPERTY BY MULTIPLE |
|
SCHOOL DISTRICTS. The commissioner shall adjust the amounts due to |
|
a school district under this chapter and Chapter 46 as necessary to |
|
account for the resolution of a dispute or error involving the |
|
district and another district by an agreement between the districts |
|
entered into under Section 31.112(c), Tax Code, or by a final order |
|
of the supreme court entered under Section 72.010, Local Government |
|
Code. |
|
Sec. 48.269 [42.254]. ESTIMATES REQUIRED. (a) Not later |
|
than October 1 of each even-numbered year: |
|
(1) the agency shall submit to the legislature an |
|
estimate of the tax rate and student enrollment of each school |
|
district for the following biennium; and |
|
(2) the comptroller shall submit to the legislature an |
|
estimate of the total taxable value of all property in the state as |
|
determined under Subchapter M, Chapter 403, Government Code, for |
|
the following biennium. |
|
(b) The agency and the comptroller shall update the |
|
information provided to the legislature under Subsection (a) not |
|
later than March 1 of each odd-numbered year. |
|
Sec. 48.270 [42.255]. FALSIFICATION OF RECORDS; REPORT. |
|
When, in the opinion of the agency's director of school audits, |
|
audits or reviews of accounting, enrollment, or other records of a |
|
school district reveal deliberate falsification of the records, or |
|
violation of the provisions of this chapter, through which the |
|
district's share of state funds allocated under the authority of |
|
this chapter would be, or has been, illegally increased, the |
|
director shall promptly and fully report the fact to the State Board |
|
of Education, the state auditor, and the appropriate county |
|
attorney, district attorney, or criminal district attorney. |
|
Sec. 48.271 [42.257]. EFFECT OF APPRAISAL APPEAL. (a) If |
|
the final determination of an appeal under Chapter 42, Tax Code, |
|
results in a reduction in the taxable value of property that exceeds |
|
five percent of the total taxable value of property in the school |
|
district for the same tax year determined under Subchapter M, |
|
Chapter 403, Government Code, the commissioner shall request the |
|
comptroller to adjust its taxable property value findings for that |
|
year consistent with the final determination of the appraisal |
|
appeal. |
|
(b) If the district would have received a greater amount |
|
from the foundation school fund for the applicable school year |
|
using the adjusted value, the commissioner shall add the difference |
|
to subsequent distributions to the district from the foundation |
|
school fund. An adjustment does not affect the local fund |
|
assignment of any other district. |
|
Sec. 48.272 [42.258]. RECOVERY OF OVERALLOCATED FUNDS. |
|
(a) If a school district has received an overallocation of state |
|
funds, the agency shall, by withholding from subsequent allocations |
|
of state funds for the current or subsequent school year or by |
|
requesting and obtaining a refund, recover from the district an |
|
amount equal to the overallocation. |
|
(b) [(a-1)] Notwithstanding Subsection (a), the agency may |
|
recover an overallocation of state funds over a period not to exceed |
|
the subsequent five school years if the commissioner determines |
|
that the overallocation was the result of exceptional circumstances |
|
reasonably caused by statutory changes to Chapter [41 or] 46 or 49 |
|
or this chapter and related reporting requirements. |
|
(c) [(b)] If a district fails to comply with a request for a |
|
refund under Subsection (a), the agency shall certify to the |
|
comptroller that the amount constitutes a debt for purposes of |
|
Section 403.055, Government Code. The agency shall provide to the |
|
comptroller the amount of the overallocation and any other |
|
information required by the comptroller. The comptroller may |
|
certify the amount of the debt to the attorney general for |
|
collection. |
|
(d) [(c)] Any amounts recovered under this section shall be |
|
deposited in the foundation school fund. |
|
Sec. 48.273 [42.259]. FOUNDATION SCHOOL FUND TRANSFERS. |
|
(a) In this section: |
|
(1) "Category 1 school district" means a school |
|
district having a wealth per student of less than one-half of the |
|
statewide average wealth per student. |
|
(2) "Category 2 school district" means a school |
|
district having a wealth per student of at least one-half of the |
|
statewide average wealth per student but not more than the |
|
statewide average wealth per student. |
|
(3) "Category 3 school district" means a school |
|
district having a wealth per student of more than the statewide |
|
average wealth per student. |
|
(4) "Wealth per student" means the taxable property |
|
values reported by the comptroller to the commissioner under |
|
Section 48.256 [42.252] divided by the number of students in |
|
average daily attendance. |
|
(b) Payments from the foundation school fund to each |
|
category 1 school district shall be made as follows: |
|
(1) 15 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) 80 percent of the yearly entitlement of the |
|
district shall be paid in eight equal installments to be made on or |
|
before the 25th day of October, November, December, January, March, |
|
May, June, and July; and |
|
(3) 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 February. |
|
(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 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 on or before the |
|
25th day of August. |
|
(e) The amount of any installment required by this section |
|
may be modified to provide a school district with the proper amount |
|
to which the district may be entitled by law and to correct errors |
|
in the allocation or distribution of funds. If an installment under |
|
this section is required to be equal to other installments, the |
|
amount of other installments may be adjusted to provide for that |
|
equality. A payment under this section is not invalid because it is |
|
not equal to other installments. |
|
(f) 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. |
|
(g) The commissioner shall make all annual Foundation |
|
School Program payments under this section for purposes described |
|
by Sections 45.252(a)(1) and (2) before the deadline established |
|
under Section 45.263(b) for payment of debt service on |
|
bonds. Notwithstanding any other provision of this section, the |
|
commissioner may make Foundation School Program payments under this |
|
section after the deadline established under Section 45.263(b) only |
|
if the commissioner has not received notice under Section 45.258 |
|
concerning a district's failure or inability to pay matured |
|
principal or interest on bonds. |
|
Sec. 48.274 [42.2591]. FOUNDATION SCHOOL FUND TRANSFERS |
|
TO CERTAIN CHARTER SCHOOLS. (a) On the request of an |
|
open-enrollment charter school, the commissioner shall compare the |
|
student enrollment of the open-enrollment charter school for the |
|
current school year to the student enrollment of the school during |
|
the preceding school year. If the number of students enrolled at |
|
the open-enrollment charter school for the current school year has |
|
increased by 10 percent or more from the number of students enrolled |
|
during the preceding school year, the open-enrollment charter |
|
school may request that payments from the foundation school fund to |
|
the school for the following school year and each subsequent school |
|
year, subject to Subsection (b), be made according to the schedule |
|
provided under Subsection (c). |
|
(b) An open-enrollment charter school that qualifies to |
|
receive funding as provided by this section is entitled to receive |
|
funding in that manner for three school years. On the expiration |
|
of that period, the commissioner shall determine the eligibility of |
|
the open-enrollment charter school to continue receiving payments |
|
from the foundation school fund under this section for an |
|
additional three school years. Subsequently, the open-enrollment |
|
charter school must reestablish eligibility in the manner provided |
|
by this subsection every three school years. |
|
(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 on or before the |
|
25th day of August. |
|
(d) The amount of any installment required by this section |
|
may be modified to provide an open-enrollment charter school with |
|
the proper amount to which the school may be entitled by law and to |
|
correct errors in the allocation or distribution of funds. |
|
(e) 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. |
|
Sec. 48.275 [42.260]. USE OF CERTAIN FUNDS. (a) In this |
|
section, "participating charter school" means an open-enrollment |
|
charter school that participates in the uniform group coverage |
|
program established under Chapter 1579, Insurance Code. |
|
(b) The amount of additional funds to which each school |
|
district or participating charter school is entitled due to the |
|
increases in formula funding made by H.B. No. 3343, Acts of the 77th |
|
Legislature, Regular Session, 2001, and any subsequent legislation |
|
amending the provisions amended by that Act that increase formula |
|
funding under Chapter 49 [41] and this chapter to school districts |
|
and charter schools is available for purposes of Subsection (c). |
|
(c) Notwithstanding any other provision of this code, a |
|
school district or participating charter school may use the sum of |
|
the following amounts of funds only to pay contributions under a |
|
group health coverage plan for district or school employees: |
|
(1) the amount determined by multiplying the amount of |
|
$900 or the amount specified in the General Appropriations Act for |
|
that year for purposes of the state contribution under Section |
|
1579.251, Insurance Code, by the number of district or school |
|
employees who participate in a group health coverage plan provided |
|
by or through the district or school; and |
|
(2) the difference between the amount necessary for |
|
the district or school to comply with Section 1581.052, Insurance |
|
Code, for the school year and the amount the district or school is |
|
required to use to provide health coverage under Section 1581.051, |
|
Insurance Code, for that year. |
|
(d) A determination by the commissioner under this section |
|
is final and may not be appealed. |
|
[(e)
The commissioner may adopt rules to implement this
|
|
section.] |
|
Sec. 48.276 [42.262]. TAX RATE CONVERSION FUND. (a) Each |
|
fiscal year, the commissioner shall identify amounts appropriated |
|
in the General Appropriations Act from the Foundation School |
|
Fund[,] to be deposited in the tax rate conversion fund in the |
|
general revenue fund. [The amount identified by the commissioner
|
|
shall be sufficient to provide additional state aid to school
|
|
districts to which the compressed tax rate modified under Section
|
|
42.101(a-1) applies, in excess of the level of state aid to which
|
|
the district would have been entitled had Section 42.101(a-1) not
|
|
taken effect.] |
|
(b) For the purposes of state aid payments to school |
|
districts under this chapter, the tax rate conversion fund shall be |
|
considered to be used in the same manner as the foundation school |
|
fund. |
|
SECTION 1.033. Subchapter F, Chapter 48, Education Code, as |
|
added by this Act, is amended by adding Section 48.277 to read as |
|
follows: |
|
Sec. 48.277. FORMULA TRANSITION GRANT. (a) Subject to |
|
Subsection (b), a school district is entitled to receive an annual |
|
allotment in the amount equal to the difference, if the difference |
|
is greater than zero, that results from subtracting the total |
|
maintenance and operations tax revenue per student in weighted |
|
average daily attendance for the school year for the current school |
|
year from the lesser of: |
|
(1) the district's total maintenance and operations |
|
tax revenue per student in weighted average daily attendance for |
|
the 2018-2019 school year; or |
|
(2) 125 percent of the statewide average amount of |
|
maintenance and operations funding per student in weighted average |
|
daily attendance for the 2018-2019 school year. |
|
(b) For purposes of calculating maintenance and operations |
|
funding under Subsection (a), the commissioner shall: |
|
(1) include all state and federal funding, except for |
|
any funding provided under this section or former Subchapter H, |
|
Chapter 42; |
|
(2) reduce the amounts calculated under Subsections |
|
(a)(1) and (2) by: |
|
(A) for the 2020-2021 school year, 10 percent; |
|
and |
|
(B) for the 2021-2022 school year, 20 percent; |
|
(3) adjust the calculation to reflect a reduction in |
|
tax effort by a school district; and |
|
(4) if a school district receives a waiver relating to |
|
eligibility requirements for the national free or reduced-price |
|
lunch program under 42 U.S.C. Section 1751 et seq., use the numbers |
|
of educationally disadvantaged students on which the district's |
|
entitlement to compensatory education funds was based for the |
|
school year before the school year in which the district received |
|
the waiver, adjusted for estimated enrollment growth. |
|
(c) A decision by the commissioner under this section is |
|
final and may not be appealed. |
|
(d) A school district is not entitled to an allotment under |
|
this section beginning with the 2022-2023 school year. |
|
(e) This section expires September 1, 2024. |
|
SECTION 1.034. Chapter 48, Education Code, as added by this |
|
Act, is amended by adding Subchapter G, and a heading is added to |
|
that subchapter to read as follows: |
|
SUBCHAPTER G. SCHOOL FACILITIES INVENTORY AND STANDARDS |
|
SECTION 1.035. Sections 42.352 and 42.4101, Education Code, |
|
are transferred to Subchapter G, Chapter 48, Education Code, as |
|
added by this Act, redesignated as Sections 48.301 and 48.302, |
|
Education Code, and amended to read as follows: |
|
Sec. 48.301 [42.352]. FACILITIES STANDARDS. The State |
|
Board of Education shall establish standards for adequacy of school |
|
facilities. The standards shall include requirements related to |
|
space, educational adequacy, and construction quality. All |
|
facilities constructed after September 1, 1992, must meet the |
|
standards in order to be financed with state or local tax funds. |
|
Sec. 48.302 [42.4101]. ADDITIONAL ASSISTANCE FOR |
|
DISTRICTS WITH STUDENTS USING PUBLIC EDUCATION GRANTS. (a) A |
|
district is entitled to additional assistance under this section as |
|
provided by Section 29.203(c). |
|
(b) The amount of additional assistance under this section |
|
is computed by subtracting the number of students residing in the |
|
district and using public education grants to attend school in |
|
another district for the year in which the assistance is granted |
|
from the number of students using public education grants to attend |
|
school in the district for that year and multiplying the difference |
|
by $266. |
|
[(c)
If a district to which this section applies is entitled
|
|
to the maximum amount of assistance under Section 42.406, the
|
|
maximum is increased by the amount of additional assistance to
|
|
which the district is entitled under this section.] |
|
SECTION 1.036. Subtitle I, Title 2, Education Code, is |
|
amended by adding Chapter 49, and a heading is added to that chapter |
|
to read as follows: |
|
CHAPTER 49. OPTIONS FOR LOCAL REVENUE LEVELS IN EXCESS OF |
|
ENTITLEMENT |
|
SECTION 1.037. Chapter 49, Education Code, as added by this |
|
Act, is amended by adding Subchapter A, and a heading is added to |
|
that subchapter to read as follows: |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
SECTION 1.038. Sections 41.001, 41.003, 41.0031, 41.004, |
|
41.005, 41.006, 41.007, 41.008, 41.009, 41.010, 41.011, 41.012, and |
|
41.013, Education Code, are transferred to Subchapter A, Chapter |
|
49, Education Code, as added by this Act, redesignated as Sections |
|
49.001, 49.002, 49.003, 49.004, 49.005, 49.006, 49.007, 49.008, |
|
49.009, 49.010, 49.011, 49.012, and 49.013, Education Code, and |
|
amended to read as follows: |
|
Sec. 49.001 [41.001]. DEFINITIONS. In this chapter: |
|
(1) "Local revenue [Equalized wealth] level in excess |
|
of entitlement" means local revenue levels that exceed the levels |
|
[the wealth per student] provided by Section 48.257 [41.002]. |
|
(2) ["Wealth per student" means the taxable value of
|
|
property, as determined under Subchapter M, Chapter 403, Government
|
|
Code, divided by the number of students in weighted average daily
|
|
attendance.
|
|
[(3)] "Weighted average daily attendance" has the |
|
meaning assigned by Section 48.202 [42.302]. |
|
Sec. 49.002 [41.003]. OPTIONS TO REDUCE LOCAL REVENUE |
|
[ACHIEVE EQUALIZED WEALTH] LEVEL. A district with a local revenue |
|
level in excess of entitlement [wealth per student that exceeds the
|
|
equalized wealth level] may take any combination of the following |
|
actions to reduce the district's revenue level [achieve the
|
|
equalized wealth level]: |
|
(1) consolidation with another district as provided by |
|
Subchapter B; |
|
(2) detachment of territory as provided by Subchapter |
|
C; |
|
(3) purchase of average daily attendance credit as |
|
provided by Subchapter D; |
|
(4) education of nonresident students as provided by |
|
Subchapter E; or |
|
(5) tax base consolidation with another district as |
|
provided by Subchapter F. |
|
Sec. 49.003 [41.0031]. INCLUSION OF ATTENDANCE CREDIT |
|
[CREDITS] AND NONRESIDENTS IN WEIGHTED AVERAGE DAILY ATTENDANCE. |
|
In determining whether a school district has a local revenue |
|
[wealth per student less than or equal to the equalized wealth] |
|
level in excess of entitlement, the commissioner shall use: |
|
(1) the district's final weighted average daily |
|
attendance; and |
|
(2) the amount [number] of attendance credit [credits] |
|
a district purchases under Subchapter D or the number of |
|
nonresident students a district educates under Subchapter E for a |
|
school year. |
|
Sec. 49.004 [41.004]. ANNUAL REVIEW OF LOCAL REVENUES |
|
[PROPERTY WEALTH]. (a) Not later than July 15 of each year, using |
|
the estimate of enrollment under Section 48.269 [42.254], the |
|
commissioner shall review the local revenue level [wealth per
|
|
student] of school districts in the state and shall notify: |
|
(1) each district with a local revenue level in excess |
|
of entitlement [wealth per student exceeding the equalized wealth
|
|
level]; |
|
(2) each district to which the commissioner proposes |
|
to annex property detached from a district notified under |
|
Subdivision (1), if necessary, under Subchapter G; and |
|
(3) each district to which the commissioner proposes |
|
to consolidate a district notified under Subdivision (1), if |
|
necessary, under Subchapter H. |
|
(b) If, before the dates provided by this subsection, a |
|
district notified under Subsection (a)(1) has not successfully |
|
exercised one or more options under Section 49.002 [41.003] that |
|
reduce the district's local revenue level [wealth per student] to a |
|
level equal to or less than the [equalized wealth] level |
|
established under Section 48.257, the commissioner shall order the |
|
detachment of property from that district as provided by Subchapter |
|
G. If that detachment will not reduce the district's local revenue |
|
level [wealth per student] to a level equal to or less than the |
|
[equalized wealth] level established under Section 48.257, the |
|
commissioner may not detach property under Subchapter G but shall |
|
order the consolidation of the district with one or more other |
|
districts as provided by Subchapter H. An agreement under Section |
|
49.002(1) [41.003(1)] or (2) must be executed not later than |
|
September 1 immediately following the notice under Subsection (a). |
|
An election for an option under Section 49.002(3) [41.003(3)], (4), |
|
or (5) must be ordered before September 1 immediately following the |
|
notice under Subsection (a). |
|
(c) A district notified under Subsection (a) may not adopt a |
|
tax rate for the tax year in which the district receives the notice |
|
until the commissioner certifies that the district has reduced the |
|
district's local revenue level in excess of entitlement to the |
|
[achieved the equalized wealth] level established under Section |
|
48.257. |
|
(d) A detachment and annexation or consolidation under this |
|
chapter: |
|
(1) is effective for Foundation School Program funding |
|
purposes for the school year that begins in the calendar year in |
|
which the detachment and annexation or consolidation is agreed to |
|
or ordered; and |
|
(2) applies to the ad valorem taxation of property |
|
beginning with the tax year in which the agreement or order is |
|
effective. |
|
Sec. 49.005 [41.005]. COMPTROLLER AND APPRAISAL DISTRICT |
|
COOPERATION. The chief appraiser of each appraisal district and |
|
the comptroller shall cooperate with the commissioner and school |
|
districts in implementing this chapter. |
|
Sec. 49.006 [41.006]. RULES. (a) The commissioner may |
|
adopt rules necessary for the implementation of this chapter. The |
|
rules may provide for the commissioner to make necessary |
|
adjustments to the provisions of Chapter 48 [42], including |
|
providing for the commissioner to make an adjustment in the funding |
|
element established by Section 48.202 [42.302], at the earliest |
|
date practicable, to the amount the commissioner believes, taking |
|
into consideration options exercised by school districts under this |
|
chapter and estimates of student enrollments, will match |
|
appropriation levels. |
|
(b) As necessary for the effective and efficient |
|
administration of this chapter, the commissioner may modify |
|
effective dates and time periods for actions described by this |
|
chapter. |
|
Sec. 49.007 [41.007]. COMMISSIONER TO APPROVE SUBSEQUENT |
|
BOUNDARY CHANGES. A school district that is involved in an action |
|
under this chapter that results in boundary changes to the district |
|
or in the consolidation of tax bases is subject to consolidation, |
|
detachment, or annexation under Chapter 13 only if the commissioner |
|
certifies that the change under Chapter 13 will not result in a |
|
district with a local revenue [wealth per student that exceeds the
|
|
equalized wealth] level in excess of entitlement. |
|
Sec. 49.008 [41.008]. HOMESTEAD EXEMPTIONS. (a) The |
|
governing board of a school district that results from |
|
consolidation under this chapter, including a consolidated taxing |
|
district under Subchapter F, for the tax year in which the |
|
consolidation occurs may determine whether to adopt a homestead |
|
exemption provided by Section 11.13, Tax Code, and may set the |
|
amount of the exemption, if adopted, at any time before the school |
|
district adopts a tax rate for that tax year. This section applies |
|
only to an exemption that the governing board of a school district |
|
is authorized to adopt or change in amount under Section 11.13, Tax |
|
Code. |
|
(b) This section prevails over any inconsistent provision |
|
of Section 11.13, Tax Code, or other law. |
|
Sec. 49.009 [41.009]. TAX ABATEMENTS. (a) A tax abatement |
|
agreement executed by a school district that is involved in |
|
consolidation or in detachment and annexation of territory under |
|
this chapter is not affected and applies to the taxation of the |
|
property covered by the agreement as if executed by the district |
|
within which the property is included. |
|
(b) The commissioner shall determine the local revenue |
|
[wealth per student] of a school district under this chapter as if |
|
any tax abatement agreement executed by a school district on or |
|
after May 31, 1993, had not been executed. |
|
Sec. 49.010 [41.010]. TAX INCREMENT OBLIGATIONS. (a) The |
|
payment of tax increments under Chapter 311, Tax Code, is not |
|
affected by the consolidation of territory or tax bases or by |
|
annexation under this chapter. In each tax year a school district |
|
paying a tax increment from taxes on property over which the |
|
district has assumed taxing power is entitled to retain the same |
|
percentage of the tax increment from that property that the |
|
district in which the property was located before the consolidation |
|
or annexation could have retained for the respective tax year. |
|
(b) This section does not apply to the payment of tax |
|
increments for an obligation refinanced or renewed after September |
|
1, 2019. |
|
Sec. 49.011 [41.011]. CONTINGENCY. (a) If any of the |
|
options described by Section 49.002 [41.003] as applied to a school |
|
district are held invalid by a final decision of a court of |
|
competent jurisdiction, a school district is entitled to exercise |
|
any of the remaining valid options in accordance with a schedule |
|
approved by the commissioner. |
|
(b) If a final order of a court of competent jurisdiction |
|
should hold each of the options provided by Section 49.002 [41.003] |
|
invalid, the commissioner shall act under Subchapter G or H to |
|
reduce the local revenue [achieve the equalized wealth] level in |
|
excess of entitlement only after notice and hearing is afforded to |
|
each school district affected by the order. The commissioner shall |
|
adopt a plan that least disrupts the affected school districts. If |
|
because the exigency to adopt a plan prevents the commissioner from |
|
giving a reasonable time for notice and hearing, the commissioner |
|
shall timely give notice to and hold a hearing for the affected |
|
school districts, but in no event less than 30 days from time of |
|
notice to the date of hearing. |
|
(c) If a final order of a court of competent jurisdiction |
|
should hold an option provided by Section 49.002 [41.003] invalid |
|
and order a refund to a district of any amounts paid by a district |
|
choosing that option, the amount shall be refunded but held in |
|
reserve and not expended by the district until released by order of |
|
the commissioner. The commissioner shall order the release |
|
immediately on the commissioner's determination that, through one |
|
of the means provided by law, the district has reduced the |
|
district's local revenue level in excess of entitlement to the |
|
[achieved the equalized wealth] level established under Section |
|
48.257. The amount released shall be deducted from any state aid |
|
payable to the district according to a schedule adopted by the |
|
commissioner. |
|
Sec. 49.012 [41.012]. DATE OF ELECTIONS. An election under |
|
this chapter for voter approval of an agreement entered by the board |
|
of trustees shall be held on a Tuesday or Saturday not more than 45 |
|
days after the date of the agreement. Section 41.001, Election |
|
Code, does not apply to the election. |
|
Sec. 49.013 [41.013]. PROCEDURE. (a) Except as provided |
|
by Subchapter G, a decision of the commissioner under this chapter |
|
is appealable under Section 7.057. |
|
(b) Any order of the commissioner issued under this chapter |
|
shall be given immediate effect and may not be stayed or enjoined |
|
pending any appeal. |
|
(c) Chapter 2001, Government Code, does not apply to a |
|
decision of the commissioner under this chapter. |
|
(d) On the request of the commissioner, the secretary of |
|
state shall publish any rules adopted under this chapter in the |
|
Texas Register and the Texas Administrative Code. |
|
SECTION 1.039. Subchapter B, Chapter 41, Education Code, is |
|
transferred to Chapter 49, Education Code, as added by this Act, |
|
redesignated as Subchapter B, Chapter 49, Education Code, and |
|
amended to read as follows: |
|
SUBCHAPTER B. CONSOLIDATION BY AGREEMENT |
|
Sec. 49.051 [41.031]. AGREEMENT. The governing boards of |
|
any two or more school districts may consolidate the districts by |
|
agreement in accordance with this subchapter to establish a |
|
consolidated district with a local revenue level [wealth per
|
|
student] equal to or less than the [equalized wealth] level |
|
established under Section 48.257. The agreement is not effective |
|
unless the commissioner certifies that the consolidated district, |
|
as a result of actions taken under this chapter, will have a local |
|
revenue level [wealth per student] equal to or less than the |
|
[equalized wealth] level established under Section 48.257. |
|
Sec. 49.052 [41.032]. GOVERNING LAW. Except to the extent |
|
modified by the terms of the agreement, the consolidated district |
|
is governed by the applicable provisions of Subchapter D, Chapter |
|
13, other than a provision requiring consolidating districts to be |
|
contiguous. The agreement may not be inconsistent with the |
|
requirements of this subchapter. |
|
Sec. 49.053 [41.033]. GOVERNANCE PLAN. (a) The agreement |
|
among the consolidating districts may include a governance plan |
|
designed to preserve community-based and site-based decision |
|
making within the consolidated district, including the delegation |
|
of specific powers of the governing board of the district other than |
|
the power to levy taxes, including a provision authorized by |
|
Section 13.158(b). |
|
(b) The governance plan may provide for a transitional board |
|
of trustees during the first year after consolidation, but |
|
beginning with the next year the board of trustees must be elected |
|
from within the boundaries of the consolidated district. If the |
|
consolidating districts elect trustees from single-member |
|
districts, the consolidated district must adopt a plan to elect its |
|
board of trustees from single-member districts. |
|
Sec. 49.054 [41.034]. INCENTIVE AID. (a) For the first and |
|
second school years after creation of a consolidated district under |
|
this subchapter, the commissioner shall adjust allotments to the |
|
consolidated district to the extent necessary to preserve the |
|
effects of an adjustment under Section 48.052 [42.102, 42.103, or
|
|
42.105] to which either of the consolidating districts would have |
|
been entitled but for the consolidation. |
|
(b) Except as provided by Subsection (c), a district |
|
receiving incentive aid payments under this section is not entitled |
|
to incentive aid under Subchapter G, Chapter 13. |
|
(c) Four or more districts that consolidate into one |
|
district under this subchapter within a period of one year may elect |
|
to receive incentive aid under this section or to receive incentive |
|
aid for not more than five years under Subchapter G, Chapter 13. |
|
Incentive aid under this subsection may not provide the |
|
consolidated district with more revenue in state and local funds |
|
than the district would receive at the [equalized wealth] level |
|
established under Section 48.257. |
|
SECTION 1.040. Subchapter C, Chapter 41, Education Code, is |
|
transferred to Chapter 49, Education Code, redesignated as |
|
Subchapter C, Chapter 49, Education Code, and amended to read as |
|
follows: |
|
SUBCHAPTER C. DETACHMENT AND ANNEXATION BY AGREEMENT |
|
Sec. 49.101 [41.061]. AGREEMENT. (a) By agreement of the |
|
governing boards of two school districts, territory may be detached |
|
from one of the districts and annexed to the other district if, |
|
after the action: |
|
(1) the local revenue level [wealth per student] of |
|
the district from which territory is detached is equal to or less |
|
than the [equalized wealth] level established under Section 48.257; |
|
and |
|
(2) the local revenue level [wealth per student] of |
|
the district to which territory is annexed is not greater than the |
|
greatest level for which funds are provided under Subchapter E [F], |
|
Chapter 48 [42]. |
|
(b) The agreement is not effective unless the commissioner |
|
certifies that, after all actions taken under this chapter, the |
|
local revenue level [wealth per student] of each district involved |
|
will be equal to or less than the applicable level permitted by |
|
Subsection (a). |
|
Sec. 49.102 [41.062]. GOVERNING LAW. Except to the extent |
|
of any conflict with this chapter and except for any requirement |
|
that detached property must be annexed to a school district that is |
|
contiguous to the detached territory, the annexation and detachment |
|
is governed by Chapter 13. |
|
Sec. 49.103 [41.063]. ALLOCATION OF APPRAISED VALUE OF |
|
DIVIDED UNIT. If portions of a parcel or other item of property are |
|
located in different school districts as a result of a detachment |
|
and annexation under this subchapter, the parcel or other item of |
|
property shall be appraised for taxation as a unit, and the |
|
agreement shall allocate the taxable value of the property between |
|
the districts. |
|
Sec. 49.104 [41.064]. ALLOCATION OF INDEBTEDNESS. The |
|
annexation agreement may allocate to the receiving district any |
|
portion of the indebtedness of the district from which the |
|
territory is detached, and the receiving district assumes and is |
|
liable for the allocated indebtedness. |
|
Sec. 49.105 [41.065]. NOTICE. As soon as practicable after |
|
the agreement is executed, the districts involved shall notify each |
|
affected property owner and the appraisal district in which the |
|
affected property is located. |
|
SECTION 1.041. Chapter 49, Education Code, as added by this |
|
Act, is amended by adding Subchapter D, and a heading is added to |
|
that subchapter to read as follows: |
|
SUBCHAPTER D. PURCHASE OF ATTENDANCE CREDIT |
|
SECTION 1.042. Sections 41.091, 41.092, 41.093, 41.094, |
|
41.095, 41.096, 41.097, and 41.099, Education Code, are transferred |
|
to Subchapter D, Chapter 49, Education Code, as added by this Act, |
|
redesignated as Sections 49.151, 49.152, 49.153, 49.154, 49.155, |
|
49.156, 49.157, and 49.158, Education Code, and amended to read as |
|
follows: |
|
Sec. 49.151 [41.091]. AGREEMENT. A school district with a |
|
local revenue [wealth per student that exceeds the equalized
|
|
wealth] level in excess of entitlement may execute an agreement |
|
with the commissioner to purchase attendance credit [credits] in an |
|
amount sufficient, in combination with any other actions taken |
|
under this chapter, to reduce the district's local revenue level |
|
[wealth per student] to a level that is equal to or less than the |
|
[equalized wealth] level established under Section 48.257. |
|
Sec. 49.152 [41.092]. CREDIT. The amount of [(a) For each] |
|
credit purchased decreases the dollar amount of a district's local |
|
revenue level[, the weighted average daily attendance of the
|
|
purchasing school district is increased by one student in weighted
|
|
average daily attendance] for purposes of determining whether the |
|
district exceeds the [equalized wealth] level established under |
|
Section 48.257. |
|
[(b)
A credit is not used in determining a school district's
|
|
scholastic population, average daily attendance, or weighted
|
|
average daily attendance for purposes of Chapter 42 or 43.] |
|
Sec. 49.153 [41.093]. COST. (a) The total [Subject to
|
|
Subsection (b-1), the] cost of [each] credit is the [an] amount |
|
[equal to the greater of:
|
|
[(1) the amount] of the district's maintenance and |
|
operations tax revenue that exceeds the level established under |
|
Section 48.257 [per student in weighted average daily attendance
|
|
for the school year for which the contract is executed; or
|
|
[(2)
the amount of the statewide district average of
|
|
maintenance and operations tax revenue per student in weighted
|
|
average daily attendance for the school year preceding the school
|
|
year for which the contract is executed]. |
|
(b) For purposes of this section, a school district's |
|
maintenance and operations tax revenue does not include any amounts |
|
paid into a tax increment fund under Chapter 311, Tax Code. This |
|
subsection does not apply to any amounts paid into a tax increment |
|
fund for an obligation refinanced or renewed after September 1, |
|
2019. |
|
[(b-1)
If the guaranteed level of state and local funds per
|
|
weighted student per cent of tax effort under Section
|
|
42.302(a-1)(1) for which state funds are appropriated for a school
|
|
year is an amount at least equal to the amount of revenue per
|
|
weighted student per cent of tax effort available to the Austin
|
|
Independent School District, as determined by the commissioner in
|
|
cooperation with the Legislative Budget Board, the commissioner, in
|
|
computing the amounts described by Subsections (a)(1) and (2) and
|
|
determining the cost of an attendance credit, shall exclude
|
|
maintenance and operations tax revenue resulting from the tax rate
|
|
described by Section 41.002(a)(2).] |
|
(c) The cost of [an] attendance credit for a school district |
|
is computed using the final tax collections of the district. |
|
Sec. 49.154 [41.094]. PAYMENT. (a) A school district |
|
shall pay for credit [credits] purchased in equal monthly payments |
|
as determined by the commissioner beginning February 15 and ending |
|
August 15 of the school year for which the agreement is in effect. |
|
(b) Receipts shall be deposited in the state treasury and |
|
may be used only for foundation school program purposes. |
|
Sec. 49.155 [41.095]. DURATION. An agreement under this |
|
section is valid for one school year and, subject to Section 49.156 |
|
[41.096], may be renewed annually. |
|
Sec. 49.156 [41.096]. VOTER APPROVAL. (a) After first |
|
executing an agreement under this section, the board of trustees |
|
shall order and conduct an election, in the manner provided by |
|
Sections 13.003(d)-(g), to obtain voter approval of the agreement. |
|
(b) The ballot shall be printed to permit voting for or |
|
against the proposition: "Authorizing the board of trustees of |
|
________ School District to purchase attendance credit [credits] |
|
from the state with local tax revenues." |
|
(c) The proposition is approved if the proposition receives |
|
a favorable vote of a majority of the votes cast. If the |
|
proposition is approved, the agreement executed by the board is |
|
ratified, and the board has continuing authority to execute |
|
agreements under this subchapter on behalf of the district without |
|
further voter approval. |
|
Sec. 49.157 [41.097]. CREDIT FOR APPRAISAL COSTS. (a) The |
|
total amount required under Section 49.153 [41.093] for a district |
|
to purchase attendance credit [credits] under this subchapter for |
|
any school year is reduced by an amount equal to the product of the |
|
district's total costs under Section 6.06, Tax Code, for the |
|
appraisal district or districts in which it participates multiplied |
|
by a percentage that is computed by dividing the total amount |
|
required under Section 49.153 [41.093] by the total amount of taxes |
|
imposed in the district for that year less any amounts paid into a |
|
tax increment fund under Chapter 311, Tax Code, subject to |
|
Subsection (b). |
|
(b) Amounts paid for an obligation refinanced or renewed |
|
after September 1, 2019, are not included for purposes of |
|
calculating amounts paid into a tax increment fund under Chapter |
|
311, Tax Code, under Subsection (a) [A school district is entitled
|
|
to a reduction under Subsection (a) beginning with the 1996-1997
|
|
school year. For that school year, the reduction to which a
|
|
district is entitled is the sum of the amounts computed under
|
|
Subsection (a) for the 1993-1994, 1994-1995, 1995-1996, and
|
|
1996-1997 school years. If that amount exceeds the total amount
|
|
required under Section 41.093 for the 1996-1997 school year, the
|
|
difference is carried forward and the total amount required under
|
|
Section 41.093 is reduced each subsequent school year until the
|
|
total amount of the credit has been applied to such reductions]. |
|
Sec. 49.158 [41.099]. LIMITATION. (a) Sections 48.257(g), |
|
49.154, and 49.157 [41.002(e), 41.094, 41.097, and 41.098] apply |
|
only to a district that: |
|
(1) executes an agreement to purchase [all] attendance |
|
credit [credits] necessary to reduce the district's local revenue |
|
[wealth per student to the equalized wealth] level to the level |
|
established under Section 48.257; |
|
(2) executes an agreement to purchase attendance |
|
credit [credits] and an agreement under Subchapter E to contract |
|
for the education of nonresident students who transfer to and are |
|
educated in the district but who are not charged tuition; or |
|
(3) executes an agreement under Subchapter E to |
|
contract for the education of nonresident students: |
|
(A) to an extent that does not provide more than |
|
10 percent of the reduction in local revenue [wealth per student] |
|
required for the district to achieve a local revenue level [wealth
|
|
per student] that is equal to or less than the [equalized wealth] |
|
level established under Section 48.257; and |
|
(B) under which all revenue paid by the district |
|
to other districts, in excess of the reduction in state aid that |
|
results from counting the weighted average daily attendance of the |
|
students served in the contracting district, is required to be used |
|
for funding a consortium of at least three districts in a county |
|
with a population of less than 40,000 that is formed to support a |
|
technology initiative. |
|
(b) A district that executes an agreement under Subsection |
|
(a)(3) must pay full market value for any good or service the |
|
district obtains through the consortium. |
|
SECTION 1.043. Effective September 1, 2024, Section |
|
49.158(a), Education Code, as redesignated by this Act, is amended |
|
to read as follows: |
|
(a) Sections 49.154 and 49.157 [41.002(e), 41.094, 41.097,
|
|
and 41.098] apply only to a district that: |
|
(1) executes an agreement to purchase [all] attendance |
|
credit [credits] necessary to reduce the district's local revenue |
|
[wealth per student to the equalized wealth] level to the level |
|
established under Section 48.257; |
|
(2) executes an agreement to purchase attendance |
|
credit [credits] and an agreement under Subchapter E to contract |
|
for the education of nonresident students who transfer to and are |
|
educated in the district but who are not charged tuition; or |
|
(3) executes an agreement under Subchapter E to |
|
contract for the education of nonresident students: |
|
(A) to an extent that does not provide more than |
|
10 percent of the reduction in local revenue [wealth per student] |
|
required for the district to achieve a local revenue level [wealth
|
|
per student] that is equal to or less than the [equalized wealth] |
|
level established under Section 48.257; and |
|
(B) under which all revenue paid by the district |
|
to other districts, in excess of the reduction in state aid that |
|
results from counting the weighted average daily attendance of the |
|
students served in the contracting district, is required to be used |
|
for funding a consortium of at least three districts in a county |
|
with a population of less than 40,000 that is formed to support a |
|
technology initiative. |
|
SECTION 1.044. Chapter 49, Education Code, as added by this |
|
Act, is amended by adding Subchapter E, and a heading is added to |
|
that subchapter to read as follows: |
|
SUBCHAPTER E. EDUCATION OF NONRESIDENT STUDENTS |
|
SECTION 1.045. Sections 41.121, 41.122, and 41.123, |
|
Education Code, are transferred to Subchapter E, Chapter 49, |
|
Education Code, as added by this Act, redesignated as Sections |
|
49.201, 49.202, and 49.203, Education Code, and amended to read as |
|
follows: |
|
Sec. 49.201 [41.121]. AGREEMENT. [(a)] The board of |
|
trustees of a district with a local revenue [wealth per student that
|
|
exceeds the equalized wealth] level in excess of entitlement may |
|
execute an agreement to educate the students of another district in |
|
a number that, when the weighted average daily attendance of the |
|
students served is added to the weighted average daily attendance |
|
of the contracting district, is sufficient, in combination with any |
|
other actions taken under this chapter, to reduce the district's |
|
local revenue level [wealth per student] to a level that is equal to |
|
or less than the [equalized wealth] level established under Section |
|
48.257. The agreement is not effective unless the commissioner |
|
certifies that the transfer of weighted average daily attendance |
|
will not result in any of the contracting districts' local revenue |
|
level [wealth per student] being greater than the [equalized
|
|
wealth] level established under Section 48.257 and that the |
|
agreement requires an expenditure per student in weighted average |
|
daily attendance that is at least equal to the amount per student in |
|
weighted average daily attendance required under Section 49.153 |
|
[41.093]. |
|
Sec. 49.202 [41.122]. VOTER APPROVAL. (a) After first |
|
executing an agreement under this subchapter other than an |
|
agreement under Section 49.205 [41.125], the board of trustees of |
|
the district that will be educating nonresident students shall |
|
order and conduct an election, in the manner provided by Sections |
|
13.003(d)-(g), to obtain voter approval of the agreement. |
|
(b) The ballot shall be printed to permit voting for or |
|
against the proposition: "Authorizing the board of trustees of |
|
________ School District to educate students of other school |
|
districts with local tax revenues." |
|
(c) The proposition is approved if the proposition receives |
|
a favorable vote of a majority of the votes cast. If the |
|
proposition is approved, the agreement executed by the board is |
|
ratified, and the board has continuing authority to execute |
|
agreements under this subchapter on behalf of the district without |
|
further voter approval. |
|
Sec. 49.203 [41.123]. WADA COUNT. For purposes of Chapter |
|
48 [42], students served under an agreement under this subchapter |
|
are counted only in the weighted average daily attendance of the |
|
district providing the services, except that students served under |
|
an agreement authorized by Section 49.205 [41.125] are counted in a |
|
manner determined by the commissioner. |
|
SECTION 1.046. Section 41.124, Education Code, as amended |
|
by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the 85th |
|
Legislature, Regular Session, 2017, is transferred to Subchapter E, |
|
Chapter 49, Education Code, as added by this Act, redesignated as |
|
Section 49.204, Education Code, and reenacted and amended to read |
|
as follows: |
|
Sec. 49.204 [41.124]. TRANSFERS. (a) The board of |
|
trustees of a school district with a local revenue [wealth per
|
|
student that exceeds the equalized wealth] level in excess of |
|
entitlement may reduce the district's local revenue level [wealth
|
|
per student] by serving nonresident students who transfer to the |
|
district and are educated by the district but who are not charged |
|
tuition. A district that exercises the option under this |
|
subsection is not required to execute an agreement with the school |
|
district in which a transferring student resides and must certify |
|
to the commissioner that the district has not charged or received |
|
tuition for the transferring students. |
|
(b) A school district with a local revenue [wealth per
|
|
student that exceeds the equalized wealth] level in excess of |
|
entitlement that pays tuition to another school district for the |
|
education of students that reside in the district may apply the |
|
amount of tuition paid toward the cost of the option chosen by the |
|
district to reduce its local revenue level [wealth per student]. |
|
The amount applied under this subsection may not exceed the amount |
|
of maintenance and operations tax revenue for one student in |
|
weighted average daily attendance in [determined under Section
|
|
41.093 as the cost of an attendance credit for] the district. The |
|
commissioner may require any reports necessary to document the |
|
tuition payments. |
|
(c) A school district that receives tuition for a student |
|
from a school district with a local revenue [wealth per student that
|
|
exceeds the equalized wealth] level in excess of entitlement may |
|
not claim attendance for that student for purposes of Chapters [42
|
|
and] 46 and 48 and the instructional materials and technology |
|
allotment under Section 31.0211. |
|
SECTION 1.047. Section 41.125, Education Code, is |
|
transferred to Subchapter E, Chapter 49, Education Code, as added |
|
by this Act, redesignated as Section 49.205, Education Code, and |
|
amended to read as follows: |
|
Sec. 49.205 [41.125]. CAREER AND TECHNOLOGY EDUCATION |
|
PROGRAMS. (a) The board of trustees of a school district with a |
|
local revenue [wealth per student that exceeds the equalized
|
|
wealth] level in excess of entitlement may reduce the district's |
|
local revenue level [wealth per student] by executing an agreement |
|
to provide students of one or more other districts with career and |
|
technology education through a program designated as an area |
|
program for career and technology education. |
|
(b) The agreement is not effective unless the commissioner |
|
certifies that: |
|
(1) implementation of the agreement will not result in |
|
any of the affected districts' local revenue level [wealth per
|
|
student] being greater than the [equalized wealth] level |
|
established under Section 48.257; and |
|
(2) the agreement requires the district with a local |
|
revenue [wealth per student that exceeds the equalized wealth] |
|
level in excess of entitlement to make expenditures benefiting |
|
students from other districts in an amount at least equal to the |
|
amount that would be required for the district to purchase [the
|
|
number of] attendance credit [credits] under Subchapter D |
|
necessary, in combination with any other actions taken under this |
|
chapter other than an action under this section, to reduce the |
|
district's local revenue level [wealth per student] to a level that |
|
is equal to or less than the [equalized wealth] level established |
|
under Section 48.257. |
|
SECTION 1.048. Subchapter F, Chapter 41, Education Code, is |
|
transferred to Chapter 49, Education Code, as added by this Act, |
|
redesignated as Subchapter F, Chapter 49, Education Code, and |
|
amended to read as follows: |
|
SUBCHAPTER F. TAX BASE CONSOLIDATION |
|
Sec. 49.251 [41.151]. AGREEMENT. The board of trustees of |
|
two or more school districts may execute an agreement to conduct an |
|
election on the creation of a consolidated taxing district for the |
|
maintenance and operation of the component school districts. The |
|
agreement is subject to approval by the commissioner. The |
|
agreement is not effective unless the commissioner certifies that |
|
the consolidated taxing district will have a local revenue level |
|
[wealth per student] equal to or less than the [equalized wealth] |
|
level established under Section 48.257 after all actions taken |
|
under this chapter. |
|
Sec. 49.252 [41.152]. DATE OF ELECTION. Any agreement |
|
under this subchapter must provide for the ordering of an election |
|
to be held on the same date in each district. |
|
Sec. 49.253 [41.153]. PROPOSITION. (a) The ballot shall |
|
be printed to permit voting for or against the proposition: |
|
"Creation of a consolidated taxing district composed of the |
|
territory of _________________________ school districts, and |
|
authorizing the levy, assessment, and collection of annual ad |
|
valorem taxes for the maintenance of the public free schools within |
|
that taxing district at a rate not to exceed $_________ on the $100 |
|
valuation of taxable property." |
|
(b) The rate to be included in the proposition shall be |
|
provided by the agreement among the districts but may not exceed the |
|
maximum rate provided by law for independent school districts. |
|
Sec. 49.254 [41.154]. APPROVAL. The proposition is |
|
approved only if the proposition receives a favorable vote of the |
|
majority of the votes cast within each participating school |
|
district. |
|
Sec. 49.255 [41.155]. CONSOLIDATED TAXING DISTRICT. A |
|
consolidated taxing district is a school district established for |
|
the limited purpose of exercising the taxing power authorized by |
|
Section 3, Article VII, Texas Constitution, and distributing the |
|
revenue to its component school districts. |
|
Sec. 49.256 [41.156]. GOVERNANCE. (a) The consolidated |
|
taxing district is governed by the boards of the component school |
|
districts acting jointly. |
|
(b) Any action taken by the joint board must receive a |
|
favorable vote of a majority of each component district's board of |
|
trustees. |
|
Sec. 49.257 [41.157]. MAINTENANCE TAX. (a) The joint |
|
board shall levy a maintenance tax for the benefit of the component |
|
school districts not later than September 1 of each year or as soon |
|
thereafter as practicable. |
|
(b) Each component district shall bear a share of the costs |
|
of assessing and collecting taxes in proportion to the component |
|
district's share of weighted average daily attendance in the |
|
consolidated taxing district. |
|
(c) A component district may not levy an ad valorem tax for |
|
the maintenance and operation of the schools. |
|
(d) Notwithstanding Section 45.003, the consolidated taxing |
|
district may levy, assess, and collect a maintenance tax for the |
|
benefit of the component districts at a rate that exceeds $1.50 per |
|
$100 valuation of taxable property to the extent necessary to pay |
|
contracted obligations on the lease purchase of permanent |
|
improvements to real property entered into on or before May 12, |
|
1993. The proposition to impose taxes at the necessary rate must be |
|
submitted to the voters in the manner provided by Section 45.003. |
|
Sec. 49.258 [41.158]. REVENUE DISTRIBUTION. The |
|
consolidated taxing district shall distribute maintenance tax |
|
revenue to the component districts on the basis of the number of |
|
students in weighted average daily attendance in the component |
|
districts. |
|
Sec. 49.259 [41.159]. TAXES OF COMPONENT DISTRICTS. (a) |
|
The governing board of a component school district of a |
|
consolidated taxing district that has consolidated for maintenance |
|
and operation purposes only may issue bonds and levy, pledge, and |
|
collect ad valorem taxes within that component district sufficient |
|
to pay the principal of and interest on those bonds as provided by |
|
Chapter 45. |
|
(b) A component district levying an ad valorem tax under |
|
this section or Section 49.260(b)(1) [41.160(b)(1)] is entitled to |
|
the guaranteed yield provided by Subchapter E [F], Chapter 48 [42], |
|
for that portion of its tax rate that, when added to the maintenance |
|
tax levied by the consolidated taxing unit, does not exceed the |
|
limitation provided by Section 48.203 [42.303]. |
|
Sec. 49.260 [41.160]. OPTIONAL TOTAL TAX BASE |
|
CONSOLIDATION. (a) An agreement executed under Section 49.251 |
|
[41.151] may provide for total tax base consolidation instead of |
|
consolidation for maintenance and operation purposes only. |
|
(b) Under an agreement providing for total tax base |
|
consolidation: |
|
(1) the component districts may not levy maintenance |
|
or bond taxes, except to the extent necessary to retire bonds and |
|
other obligations issued before the effective date of the |
|
consolidation; |
|
(2) the joint board may issue bonds and levy, pledge, |
|
and collect ad valorem taxes sufficient to pay the principal of and |
|
interest on those bonds, and issue refunding bonds, as provided by |
|
Chapter 45 for independent school districts; and |
|
(3) to the end of the ballot proposition required |
|
under Section 49.253(a) [41.153(a)] shall be added ", and further |
|
to create a consolidated tax base for the repayment of all bonded |
|
indebtedness issued by the joint board of the taxing district after |
|
the effective date of the consolidation and to authorize the joint |
|
board to levy, pledge, and collect ad valorem taxes at a rate |
|
sufficient to pay the principal of and interest on those bonds." |
|
(c) Under an agreement providing for total tax base |
|
consolidation: |
|
(1) the component districts may provide for the |
|
consolidated taxing district to assume all of the indebtedness of |
|
all component districts; and |
|
(2) to the end of the ballot proposition required by |
|
Section 49.253(a) [41.153(a)] shall be added ", and further to |
|
create a consolidated tax base for the repayment of all bonded |
|
indebtedness issued by the joint board of the taxing district or |
|
previously issued by the component school districts and to |
|
authorize the joint board to levy, pledge, and collect ad valorem |
|
taxes at a rate sufficient to pay the principal of and interest on |
|
those bonds." |
|
SECTION 1.049. Subchapter G, Chapter 41, Education Code, is |
|
transferred to Chapter 49, Education Code, as added by this Act, |
|
redesignated as Subchapter G, Chapter 49, Education Code, and |
|
amended to read as follows: |
|
SUBCHAPTER G. DETACHMENT AND ANNEXATION BY COMMISSIONER |
|
Sec. 49.301 [41.201]. DEFINITION. In this subchapter, |
|
"mineral property" means a real property mineral interest that has |
|
been severed from the surface estate by a mineral lease creating a |
|
determinable fee or by a conveyance that creates an interest |
|
taxable separately from the surface estate. A mineral property |
|
includes each royalty interest, working interest, or other |
|
undivided interest in the mineral property. |
|
Sec. 49.302 [41.202]. DETERMINATION OF TAXABLE VALUE. (a) |
|
For purposes of this subchapter, the taxable value of an individual |
|
parcel or other item of property and the total taxable value of |
|
property in a school district resulting from the detachment of |
|
property from or annexation of property to that district is |
|
determined by applying the appraisal ratio for the appropriate |
|
category of property determined under Subchapter M, Chapter 403, |
|
Government Code, for the preceding tax year to the taxable value of |
|
the detached or annexed property determined under Title 1, Tax |
|
Code, for the preceding tax year. |
|
(b) For purposes of this subchapter, the taxable value of |
|
all or a portion of a parcel or item of real property includes the |
|
taxable value of personal property having taxable situs at the same |
|
location as the real property. |
|
Sec. 49.303 [41.203]. PROPERTY SUBJECT TO DETACHMENT AND |
|
ANNEXATION. (a) Only the following property may be detached and |
|
annexed under this subchapter: |
|
(1) a mineral property; |
|
(2) real property used in the operation of a public |
|
utility, including a pipeline, pipeline gathering system, or |
|
railroad or other rail system; and |
|
(3) real property used primarily for industrial or |
|
other commercial purposes, other than property used primarily for |
|
agriculture or for residential purposes. |
|
(b) If a final judgment of a court determines that a mineral |
|
interest may not be annexed and detached as provided by this |
|
subchapter without an attendant annexation and detachment of the |
|
surface estate or any other interest in the same land, the |
|
detachment and annexation of a mineral interest under this |
|
subchapter includes the surface estate and each other interest in |
|
the land covered by the mineral interest. |
|
Sec. 49.304 [41.204]. TAXATION OF PERSONAL PROPERTY. |
|
Personal property having a taxable situs at the same location as |
|
real property detached and annexed under this subchapter is taxable |
|
by the school district to which the real property is annexed. |
|
Sec. 49.305 [41.205]. DETACHMENT OF PROPERTY. (a) The |
|
commissioner shall detach property under this section from each |
|
school district from which the commissioner is required under |
|
Section 49.004 [41.004] to detach property under this subchapter. |
|
(b) The commissioner shall detach from each school district |
|
covered by Subsection (a) one or more whole parcels or items of |
|
property in descending order of the taxable value of each parcel or |
|
item, beginning with the parcel or item having the greatest taxable |
|
value, until the school district's local revenue level [wealth per
|
|
student] is equal to or less than the [equalized wealth] level |
|
established under Section 48.257, except as otherwise provided by |
|
Subsection (c). |
|
(c) If the detachment of whole parcels or items of property |
|
[,] as provided by Subsection (a) would result in a district's local |
|
revenue level [wealth per student] that is less than the [equalized
|
|
wealth] level established under Section 48.257 by more than the |
|
product of $10,000 multiplied by weighted average daily attendance, |
|
the commissioner may not detach the last parcel or item of property |
|
and shall detach the next one or more parcels or items of property |
|
in descending order of taxable value that would result in the school |
|
district having a local revenue level [wealth per student] that is |
|
equal to or less than the [equalized wealth] level established |
|
under Section 48.257 by not more than the product of $10,000 |
|
multiplied by weighted average daily attendance. |
|
(d) Notwithstanding Subsections (a), (b), and (c), the |
|
commissioner may detach only a portion of a parcel or item of |
|
property if: |
|
(1) it is not possible under this subchapter to reduce |
|
the district's local revenue level [wealth per student] to a level |
|
that is equal to or less than the [equalized wealth] level |
|
established under Section 48.257 [this subchapter] unless some or |
|
all of the parcel or item of property is detached and the detachment |
|
of the whole parcel or item would result in the district from which |
|
it is detached having a local revenue level [wealth per student] |
|
that is less than the [equalized wealth] level established under |
|
Section 48.257 by more than the product of $10,000 multiplied by |
|
weighted average daily attendance; or |
|
(2) the commissioner determines that a partial |
|
detachment of that parcel or item of property is preferable to the |
|
detachment of one or more other parcels or items having a lower |
|
taxable value in order to minimize the number of parcels or items of |
|
property to be detached consistent with the purposes of this |
|
chapter. |
|
Sec. 49.306 [41.206]. ANNEXATION OF PROPERTY. (a) The |
|
commissioner shall annex property detached under Section 49.305 |
|
[41.205] to school districts eligible for annexation in accordance |
|
with this section. A school district is eligible for annexation of |
|
property to it under this subchapter only if, before any |
|
detachments or annexations are made in a year, the district's |
|
taxable value of property does not exceed the value necessary to |
|
generate maintenance and operations tax revenue in the amount equal |
|
to the district's entitlement under Section 48.202(a-1)(2) [wealth
|
|
per student is less than the greatest level for which funds are
|
|
provided under Subchapter F, Chapter 42]. |
|
(b) Property may be annexed to a school district without |
|
regard to whether the property is contiguous to other property in |
|
that district. |
|
(c) The commissioner shall annex property detached from |
|
school districts beginning with the property detached from the |
|
school district with the greatest local revenue level in excess of |
|
entitlement [wealth per student] before detachment, and continuing |
|
with the property detached from each other school district in |
|
descending order of the district's local revenue level in excess of |
|
entitlement [wealth per student] before detachment. |
|
(d) The commissioner shall annex the parcels or items of |
|
property detached from a school district to other school districts |
|
that are eligible for annexation of property in descending order of |
|
the taxable value of each parcel or item according to the following |
|
priorities: |
|
(1) first, to the eligible school districts assigned |
|
to the same county as the school district from which the property is |
|
detached whose total adopted tax rate for the preceding tax year |
|
does not exceed by more than $0.15 the total tax rate adopted for |
|
that year by the school district from which the property is |
|
detached; |
|
(2) second, to the eligible school districts served by |
|
the same regional education service center as the district from |
|
which the property is detached whose total adopted tax rate for the |
|
preceding tax year does not exceed by more than $0.10 the total tax |
|
rate adopted for that year by the school district from which the |
|
property is detached; and |
|
(3) third, to other eligible school districts whose |
|
total adopted tax rate for the preceding tax year does not exceed by |
|
more than $0.05 the total tax rate adopted for that year by the |
|
school district from which the property is detached. |
|
(e) If the districts identified by Subsection (d) for a |
|
school district are insufficient to annex all the property detached |
|
from the school district, the commissioner shall increase, for |
|
purposes of this section, all the maximum difference in tax rates |
|
allowed under Subsection (d) in increments of $0.01 until the |
|
districts are identified that are sufficient to annex all the |
|
property detached from the district. |
|
(f) If only one school district is eligible to annex |
|
property detached from a school district within a priority group |
|
established by Subsections (d) and (e), the commissioner shall |
|
annex property to that district until it reaches the taxable value |
|
of property necessary to generate maintenance and operations tax |
|
revenue in the amount equal to the district's entitlement under |
|
Section 48.202(a-1)(2) [a wealth per student equal as nearly as
|
|
possible to the greatest level for which funds are provided under
|
|
Subchapter F, Chapter 42], by annexing whole parcels or items of |
|
property. Any remaining detached property shall be annexed to |
|
eligible school districts in the next priority group as provided by |
|
this section. |
|
(g) If more than one school district is eligible to annex |
|
property detached from a school district within a priority group |
|
established by Subsections (d) and (e), the commissioner shall |
|
first annex property to the district within the priority group to |
|
which could be annexed the most taxable value of property without |
|
increasing the district's taxable value of property to an amount |
|
that exceeds the amount necessary to generate maintenance and |
|
operations tax revenue in the amount equal to the district's |
|
entitlement under Section 48.202(a-1)(2) [its wealth per student
|
|
above the greatest level for which funds are provided under
|
|
Subchapter F, Chapter 42], until that district reaches a taxable |
|
value of property necessary to generate maintenance and operations |
|
tax revenue in the amount equal to the district's entitlement under |
|
Section 48.202(a-1)(2) [wealth per student equal as nearly as
|
|
possible to the greatest level for which funds are provided under
|
|
Subchapter F, Chapter 42], by annexing whole parcels or items of |
|
property. Then any additional detached property shall be annexed |
|
in the same manner to other eligible school districts in the same |
|
priority group in descending order of capacity to receive taxable |
|
value of annexed property without increasing the district's taxable |
|
value of property to an amount that exceeds the amount necessary to |
|
generate maintenance and operations tax revenue in the amount equal |
|
to the district's entitlement under Section 48.202(a-1)(2) [wealth
|
|
per student above the greatest level for which funds are provided
|
|
under Subchapter F, Chapter 42]. If every school district in a |
|
priority group reaches a taxable value of property necessary to |
|
generate maintenance and operations tax revenue in the amount equal |
|
to the district's entitlement under Section 48.202(a-1)(2) [wealth
|
|
per student equal to the greatest level for which funds are provided
|
|
under Subchapter F, Chapter 42], as nearly as possible, the |
|
remaining detached property shall be annexed to school districts in |
|
the next priority group in the manner provided by this section. |
|
(h) For purposes of this section, a portion of a parcel or |
|
item of property detached in that subdivided form from a school |
|
district is treated as a whole parcel or item of property. |
|
(i) The commissioner may order the annexation of a portion |
|
of a parcel or item of property, including a portion of property |
|
treated as a whole parcel or item under Subsection (h), if: |
|
(1) the annexation of the whole parcel or item would |
|
result in the district eligible to receive it in the appropriate |
|
priority order provided by this section having a local revenue |
|
level [wealth per student] greater than the amount by which the |
|
product of $10,000 multiplied by weighted average daily attendance |
|
exceeds the taxable value of property necessary to generate |
|
maintenance and operations tax revenue in the amount equal to the |
|
district's entitlement under Section 48.202(a-1)(2) [more than the
|
|
greatest level for which funds are provided under Subchapter F,
|
|
Chapter 42]; or |
|
(2) the commissioner determines that annexation of |
|
portions of the parcel or item would reduce disparities in district |
|
taxable values of property necessary to generate maintenance and |
|
operations tax revenue in the amount equal to a district's |
|
entitlement under Section 48.202(a-1)(2) [wealth per student] more |
|
efficiently than would be possible if the parcel or item were |
|
annexed as a whole. |
|
(j) The commissioner may modify the priorities established |
|
by this section as the commissioner considers reasonable to |
|
minimize or reduce the number of school districts to which the |
|
property detached from a school district is annexed, to minimize or |
|
reduce the geographic dispersal of property in a school district, |
|
to minimize or reduce disparities in school district taxable values |
|
of property necessary to generate maintenance and operations tax |
|
revenue in the amount equal to a district's entitlement under |
|
Section 48.202(a-1)(2) [wealth per student] that would otherwise |
|
result, or to minimize or reduce any administrative burden or |
|
expense. |
|
(k) For purposes of this section, a school district is |
|
assigned to a county if the school district is assigned to that |
|
county in the 1992-1993 Texas School Directory published by the |
|
Central Education Agency. |
|
Sec. 49.307 [41.207]. LIMITATIONS ON DETACHMENT AND |
|
ANNEXATION. The commissioner may detach and annex property under |
|
this subchapter only if: |
|
(1) the property is not exempt from ad valorem |
|
taxation under Section 11.20 or 11.21, Tax Code; and |
|
(2) the property does not contain a building or |
|
structure owned by the United States, this state, or a political |
|
subdivision of this state that is exempt from ad valorem taxation |
|
under law. |
|
Sec. 49.308 [41.208]. ORDERS AND NOTICE. (a) The |
|
commissioner shall order any detachments and annexations of |
|
property under this subchapter not later than November 8 of each |
|
year. |
|
(b) As soon as practicable after issuing the order under |
|
Subsection (a), the commissioner shall notify each affected school |
|
district and the appraisal district in which the affected property |
|
is located of the determination. |
|
Sec. 49.309 [41.209]. TREATMENT OF SUBDIVIDED PROPERTY. |
|
(a) If the commissioner orders the detachment or annexation of a |
|
portion of a parcel or item of property under this subchapter, the |
|
order shall specify the portion of the taxable value of the property |
|
to be detached or annexed and may, but need not, describe the |
|
specific area of the parcel or item to be detached or annexed. |
|
(b) If an order for the detachment or annexation of a |
|
portion of a parcel or item of property does not describe the |
|
specific area of the parcel or item to be detached or annexed, the |
|
commissioner, as soon as practicable after issuing the order, shall |
|
determine the specific area to be detached or annexed and shall |
|
certify that determination to the appraisal district for the county |
|
in which the property is located. |
|
(c) If portions of a parcel or item of property are located |
|
in two or more school districts as the result of a detachment or |
|
annexation, the parcel or item shall be appraised for taxation as a |
|
unit, and the commissioner shall determine the portion of the |
|
taxable value of the property that is located in each of those |
|
school districts based on the square footage of the property, or any |
|
other reasonable method adopted by the commissioner. |
|
Sec. 49.310 [41.210]. DUTIES OF CHIEF APPRAISER. (a) The |
|
chief appraiser of each appraisal district shall cooperate with the |
|
commissioner in administering this subchapter. The commissioner |
|
may require the chief appraiser to submit any reports or provide any |
|
information available to the chief appraiser in the form and at the |
|
times required by the commissioner. |
|
(b) As soon as practicable after the detachment and |
|
annexation of property, the chief appraiser of the appraisal |
|
district in which the property is located shall send a written |
|
notice of the detachment and annexation to the owner of any property |
|
taxable in a different school district as a result of the detachment |
|
and annexation. The notice must include the name of the school |
|
district by which the property is taxable after the detachment and |
|
annexation. |
|
(c) The commissioner may reimburse an appraisal district |
|
for any costs incurred in administering this subchapter and may |
|
condition the reimbursement or the amount of the reimbursement on |
|
the timely submission of reports or information required by the |
|
commissioner or the satisfactory performance of any other action |
|
required or requested by the commissioner. |
|
Sec. 49.311 [41.211]. STUDENT ATTENDANCE. A student who |
|
is a resident of real property detached from a school district may |
|
choose to attend school in that district or in the district to which |
|
the property is annexed. For purposes of determining average daily |
|
attendance under Section 48.005 [42.005], the student shall be |
|
counted in the district to which the property is annexed. If the |
|
student chooses to attend school in the district from which the |
|
property is detached, the state shall withhold any foundation |
|
school funds from the district to which the property is annexed and |
|
shall allocate to the district in which the student is attending |
|
school those funds and the amount of funds equal to the difference |
|
between the state funds the district is receiving for the student |
|
and the district's cost in educating the student. |
|
Sec. 49.312 [41.212]. BOND TAXES. Property detached from |
|
a school district is released from the obligation for any tax to pay |
|
principal and interest on bonds authorized by the district before |
|
detachment. The property is subject to any tax to pay principal or |
|
interest on bonds authorized by the district to which the property |
|
is annexed whether authorized before or after annexation. |
|
Sec. 49.313 [41.213]. DETERMINATION BY COMMISSIONER |
|
FINAL. A decision or determination of the commissioner under this |
|
subchapter is final and not appealable. |
|
SECTION 1.050. Subchapter H, Chapter 41, Education Code, is |
|
transferred to Chapter 49, Education Code, as added by this Act, |
|
redesignated as Subchapter H, Chapter 49, Education Code, and |
|
amended to read as follows: |
|
SUBCHAPTER H. CONSOLIDATION BY COMMISSIONER |
|
Sec. 49.351 [41.251]. COMMISSIONER ORDER. If the |
|
commissioner is required under Section 49.004 [41.004] to order the |
|
consolidation of districts, the consolidation is governed by this |
|
subchapter. The commissioner's order shall be effective on a date |
|
determined by the commissioner, but not later than the earliest |
|
practicable date after November 8. |
|
Sec. 49.352 [41.252]. SELECTION CRITERIA. (a) In |
|
selecting the districts to be consolidated with a district that has |
|
taxable values of property in an amount that exceeds the local |
|
revenue level established under Section 48.257 [a property wealth
|
|
greater than the equalized wealth level], the commissioner shall |
|
select one or more districts [with a wealth per student] that, when |
|
consolidated, will result in a consolidated district with a local |
|
revenue level [wealth per student] equal to or less than the |
|
[equalized wealth] level established under Section 48.257. In |
|
achieving that result, the commissioner shall give priority to |
|
school districts in the following order: |
|
(1) first, to the contiguous district that has the |
|
lowest local revenue level [wealth per student] and is located in |
|
the same county; |
|
(2) second, to the district that has the lowest local |
|
revenue level [wealth per student] and is located in the same |
|
county; |
|
(3) third, to a contiguous district with a local |
|
revenue level [property wealth] below the [equalized wealth] level |
|
established under Section 48.257 that has requested the |
|
commissioner that it be considered in a consolidation plan; |
|
(4) fourth, to include as few districts as possible |
|
that have the lowest local revenue levels below the [fall below the
|
|
equalized wealth] level established under Section 48.257 within the |
|
consolidation order that have not requested the commissioner to be |
|
included; |
|
(5) fifth, to the district that has the lowest local |
|
revenue level [wealth per student] and is located in the same |
|
regional education service center area; and |
|
(6) sixth, to a district that has a tax rate similar to |
|
that of the district that has a local revenue level [property
|
|
wealth] greater than the [equalized wealth] level established under |
|
Section 48.257. |
|
(b) The commissioner may not select a district that has been |
|
created as a result of consolidation by agreement under Subchapter |
|
B to be consolidated under this subchapter with a district that has |
|
a local revenue level [property wealth] greater than the [equalized
|
|
wealth] level established under Section 48.257. |
|
(c) In applying the selection criteria specified by |
|
Subsection (a), if more than two districts are to be consolidated, |
|
the commissioner shall select the third and each subsequent |
|
district to be consolidated by treating the district that has a |
|
local revenue level [property wealth] greater than the [equalized
|
|
wealth] level established under Section 48.257 and the district or |
|
districts previously selected for consolidation as one district. |
|
Sec. 49.353 [41.253]. GOVERNANCE. (a) Until the initial |
|
trustees elected as provided by Subsection (b) have qualified and |
|
taken office, a district consolidated under this subchapter is |
|
governed by a transitional board of trustees consisting of the |
|
board of trustees of the district having the greatest student |
|
membership on the last day of the school year preceding the |
|
consolidation plus one member of the board of trustees of each other |
|
consolidating district selected by that board. |
|
(b) The transitional board of trustees shall divide the |
|
consolidated district into nine single-member trustee districts in |
|
accordance with the procedures provided by Section 11.052. The |
|
transitional board shall order an election for the initial board of |
|
trustees to be held on the first May uniform election date after the |
|
effective date of a consolidation order. |
|
(c) Members of the board of trustees of a consolidated |
|
district serve staggered terms of office for four years. |
|
(d) Section 13.156 applies to districts consolidated under |
|
this subchapter. |
|
Sec. 49.354 [41.254]. DISSOLUTION OF CONSOLIDATED |
|
DISTRICT. (a) If the legislature abolishes ad valorem taxes for |
|
public school maintenance and operations and adopts another method |
|
of funding public education, the board of trustees of a |
|
consolidated district created under this subchapter may dissolve |
|
the consolidated district, provided that the dissolution is |
|
approved by a majority of those voters residing within the district |
|
participating in an election called for the purpose of approving |
|
the dissolution of the consolidated school district. |
|
(b) If a consolidated district is dissolved, each of the |
|
former districts is restored as a separate district and is |
|
classified as an independent district. |
|
(c) Title to real property of the consolidated district is |
|
allocated to the restored district in which the property is |
|
located. Title to proportionate shares of the fund balances and |
|
personal property of the consolidated district, as determined by |
|
Subsection (e), are allocated to each restored district. |
|
(d) Each of the restored districts assumes and is liable |
|
for: |
|
(1) indebtedness of the consolidated district that |
|
relates to real property allocated to the district; and |
|
(2) a proportionate share, as determined by Subsection |
|
(e), of indebtedness of the consolidated district that does not |
|
relate to real property. |
|
(e) A restored district's proportionate share of fund |
|
balances, personal property, or indebtedness is equal to the |
|
proportion that the number of students in average daily attendance |
|
in the restored district bears to the number of students in average |
|
daily attendance in the consolidated district. |
|
Sec. 49.355 [41.255]. FUND BALANCES. Fund balances of a |
|
school district consolidated under this subchapter may be used only |
|
for the benefit of the schools within the district that generated |
|
the funds. |
|
Sec. 49.356 [41.256]. EMPLOYMENT CONTRACTS. A |
|
consolidated district created under this subchapter shall honor an |
|
employment contract entered into by a consolidating district. |
|
Sec. 49.357 [41.257]. APPLICATION OF [SMALL AND] SPARSE |
|
ADJUSTMENT [ADJUSTMENTS] AND SMALL AND TRANSPORTATION ALLOTMENTS |
|
[ALLOTMENT]. The budget of the consolidated district must apply |
|
the benefit of the adjustment or allotment to the schools of the |
|
consolidating district to which Section 48.052 [42.103], 48.101 |
|
[42.105], or 48.151 [42.155] would have applied in the event that |
|
the consolidated district still qualifies as a small or sparse |
|
district. |
|
SECTION 1.051. The heading to Subchapter A, Chapter 316, |
|
Government Code, is amended to read as follows: |
|
SUBCHAPTER A. LIMIT ON GROWTH OF APPROPRIATIONS; DETERMINATIONS |
|
REGARDING PUBLIC SCHOOL FINANCE |
|
SECTION 1.052. Section 316.002(a), Government Code, is |
|
amended to read as follows: |
|
(a) Before the Legislative Budget Board submits the budget |
|
as prescribed by Section 322.008(c), the board shall: |
|
(1) establish for purposes of Section 316.001: |
|
(A) [(1)] the estimated rate of growth of the |
|
state's economy from the current biennium to the next biennium; |
|
(B) [(2)] the level of appropriations for the |
|
current biennium from state tax revenues not dedicated by the |
|
constitution; and |
|
(C) [(3)] the amount of state tax revenues not |
|
dedicated by the constitution that could be appropriated for the |
|
next biennium within the limit established by the estimated rate of |
|
growth of the state's economy; and |
|
(2) determine for purposes of the Foundation School |
|
Program under Chapter 48, Education Code: |
|
(A) the estimated state share of the program for |
|
the next biennium, including the instructional materials and |
|
technology allotment under Section 31.0211, Education Code, and |
|
excluding any anticipated federal funding; |
|
(B) the estimated reduction in the state share of |
|
the program from the current biennium to the next biennium |
|
attributable to the rate of growth of the taxable value of property |
|
in the state for the next biennium, based on the estimates submitted |
|
under Section 48.269, Education Code; |
|
(C) the cost per cent of reducing the state |
|
compression percentage under Section 48.255, Education Code, for |
|
the next biennium; and |
|
(D) a recommended state compression percentage |
|
under Section 48.255, Education Code, for the next biennium, based |
|
on the determinations made under Subdivision (1) and Paragraphs |
|
(A), (B), and (C). |
|
SECTION 1.053. Section 316.007(a), Government Code, is |
|
amended to read as follows: |
|
(a) The Legislative Budget Board shall include in its budget |
|
recommendations: |
|
(1) the proposed limit of appropriations from state |
|
tax revenues not dedicated by the constitution; and |
|
(2) the recommended state compression percentage |
|
under Section 48.255, Education Code. |
|
SECTION 1.054. 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 316.002(a)(2) [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)(3), Education Code, shall be reported in dollar amounts
|
|
per pupil]. |
|
SECTION 1.055. Sections 825.405(a), (b), (e), and (f), |
|
Government Code, are amended to read as follows: |
|
(a) An employing school district or an open-enrollment |
|
charter school, as applicable, shall pay the state's contribution |
|
on the portion of a member's salary that exceeds the statutory |
|
minimum salary for [For] members: |
|
(1) entitled to the minimum salary for certain school |
|
personnel under Section 21.402, Education Code; |
|
(2) [, and 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; and |
|
(3) who would be entitled to the minimum salary for |
|
certain school personnel under Section 21.402, Education Code, if |
|
the member was employed by a school district subject to that section |
|
instead of being employed by: |
|
(A) an open-enrollment charter school; or |
|
(B) a school district that has adopted a local |
|
innovation plan under Chapter 12A, Education Code, that exempts the |
|
district's employees from the minimum salary schedule under that |
|
section[, the employing district shall pay the state's contribution
|
|
on the portion of the member's salary that exceeds the statutory
|
|
minimum salary]. |
|
(b) For purposes of this section,[:
|
|
[(1)] the statutory minimum salary for a member |
|
described by: |
|
(1) Subsection (a)(1) [certain school personnel under
|
|
Section 21.402, Education Code,] is the salary provided by Section |
|
21.402, Education Code [that section multiplied by the cost of
|
|
education adjustment applicable under Section 42.102, Education
|
|
Code, to the district in which the member is employed]; [and] |
|
(2) Subsection (a)(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; and |
|
(3) Subsection (a)(3) is the minimum salary the member |
|
would have been entitled to if the member was subject to Section |
|
21.402, Education Code[, multiplied by the cost of education
|
|
adjustment applicable under Section 42.102, Education Code, to the
|
|
district in which the member is employed]. |
|
(e) After the end of each school year, the retirement system |
|
shall certify to the commissioner of education: |
|
(1) the names of any employers [employing districts] |
|
that have failed to remit, within the period required by Section |
|
825.408, all contributions required under this section for the |
|
school year; and |
|
(2) the amounts of the unpaid contributions. |
|
(f) If the commissioner of education receives a |
|
certification under Subsection (e), the commissioner shall direct |
|
the comptroller of public accounts to withhold the amount |
|
certified, plus interest computed at the rate and in the manner |
|
provided by Section 825.408, from the first state money payable to |
|
the employer [school district]. The amount withheld shall be |
|
deposited to the credit of the appropriate accounts of the |
|
retirement system. |
|
SECTION 1.056. Section 26.08, Tax Code, is amended by |
|
amending Subsections (a), (b), (d), (g), (i), and (n) and adding |
|
Subsections (a-1) and (n-1) to read as follows: |
|
(a) If the governing body of a school district adopts a tax |
|
rate that exceeds the district's ratification [rollback] tax rate, |
|
the registered voters of the district at an election held for that |
|
purpose must determine whether to approve the adopted tax rate. |
|
(a-1) When increased expenditure of money by a school |
|
district is necessary to respond to a disaster, including a |
|
tornado, hurricane, flood, or other calamity, but not including a |
|
drought, that has impacted a school district and the governor has |
|
requested federal disaster assistance for the area in which the |
|
school district is located, an election is not required under this |
|
section to approve the tax rate adopted by the governing body for |
|
the year following the year in which the disaster occurs. A tax |
|
rate adopted under this subsection applies only in the year for |
|
which the rate is adopted. If a district adopts a tax rate under |
|
this subsection, the amount by which that rate exceeds the |
|
district's ratification tax rate for that tax year may not be |
|
considered when calculating the district's ratification tax rate |
|
for the tax year following the year in which the district adopts the |
|
rate. |
|
(b) The governing body shall order that the election be held |
|
in the school district on the next uniform election [a] date |
|
prescribed by [not less than 30 or more than 90 days after the day on
|
|
which it adopted the tax rate.] Section 41.001, Election Code, that |
|
occurs after the date of the election order and that allows |
|
sufficient time to comply with the requirements of other law [does
|
|
not apply to the election unless a date specified by that section
|
|
falls within the time permitted by this section]. At the election, |
|
the ballots shall be prepared to permit voting for or against the |
|
proposition: "Ratifying [Approving] the ad valorem tax rate of ___ |
|
(insert adopted tax rate) [$_____ per $100 valuation] in (name of |
|
school district) for the current year, a rate that will result in an |
|
increase of _____ (insert percentage increase in maintenance and |
|
operations tax revenue under the adopted tax rate as compared to |
|
maintenance and operations tax revenue in the preceding tax year) |
|
percent in maintenance and operations tax revenue for the district |
|
for the current year as compared to the preceding year, which is an |
|
additional $____ (insert dollar amount of increase in maintenance |
|
and operations tax revenue under the adopted tax rate as compared to |
|
maintenance and operations tax revenue in the preceding tax year) |
|
[is $_____ higher per $100 valuation than the school district
|
|
rollback tax rate, for the purpose of (description of purpose of
|
|
increase)]." [The ballot proposition must include the adopted tax
|
|
rate and the difference between that rate and the rollback tax rate
|
|
in the appropriate places.] |
|
(d) If the proposition is not approved as provided by |
|
Subsection (c), the governing body may not adopt a tax rate for the |
|
school district for the current year that exceeds the school |
|
district's ratification [rollback] tax rate. |
|
(g) In a school district that received distributions from an |
|
equalization tax imposed under former Chapter 18, Education Code, |
|
the effective rate of that tax as of the date of the county unit |
|
system's abolition is added to the district's ratification |
|
[rollback] tax rate. |
|
(i) For purposes of this section, "tier one maintenance and |
|
operations tax rate" and "enrichment tax rate" have the meanings |
|
assigned by Section 45.0032, Education Code [the effective
|
|
maintenance and operations tax rate of a school district is the tax
|
|
rate that, applied to the current total value for the district,
|
|
would impose taxes in an amount that, when added to state funds that
|
|
would be distributed to the district under Chapter 42, Education
|
|
Code, for the school year beginning in the current tax year using
|
|
that tax rate, would provide the same amount of state funds
|
|
distributed under Chapter 42, Education Code, and maintenance and
|
|
operations taxes of the district per student in weighted average
|
|
daily attendance for that school year that would have been
|
|
available to the district in the preceding year if the funding
|
|
elements for Chapters 41 and 42, Education Code, for the current
|
|
year had been in effect for the preceding year]. |
|
(n) For purposes of this section, the ratification |
|
[rollback] tax rate of a school district [whose maintenance and
|
|
operations tax rate for the 2005 tax year was $1.50 or less per $100
|
|
of taxable value] is: |
|
(1) for the 2019 [2006] tax year, the sum of the |
|
following: |
|
(A) the rate that is equal to 96 [88.67] percent |
|
of the district's tier one maintenance and operations tax rate |
|
[adopted by the district] for the 2018 [2005] tax year; |
|
(B) [,] the district's enrichment tax rate for |
|
the 2018 tax year, less the amount by which the district is required |
|
to reduce the district's enrichment tax rate under Section |
|
48.202(f), Education Code, in the 2019 tax year; [of $0.04 per $100
|
|
of taxable value,] and |
|
(C) the district's current debt rate; and |
|
(2) for the 2020 [2007] and subsequent tax years, the |
|
sum [lesser] of the following: |
|
(A) [the sum of the following:
|
|
[(i)] the rate per $100 of taxable value |
|
that is equal to the product of the state compression percentage, as |
|
determined under Section 48.255 [42.2516], Education Code, for the |
|
current year and $1.00 [$1.50]; |
|
(B) the district's enrichment tax rate for the |
|
2018 tax year, less the rate by which the district is required to |
|
reduce the district's enrichment tax rate under Section 48.202(f), |
|
Education Code, in the current tax year [(ii)
the rate of $0.04 per
|
|
$100 of taxable value]; |
|
(C) the greater of: |
|
(i) the rate of $0.05 per $100 of taxable |
|
value, less the district's enrichment tax rate for the preceding |
|
tax year; or |
|
(ii) zero; |
|
(D) [(iii)] the rate that is equal to the sum of |
|
the differences for the 2019 [2006] and each subsequent tax year |
|
between the adopted tax rate of the district for that year if the |
|
rate was approved at an election under this section and the |
|
ratification [rollback] tax rate of the district for that year; and |
|
(E) [(iv)] the district's current debt rate[; or
|
|
[(B) the sum of the following:
|
|
[(i)
the effective maintenance and
|
|
operations tax rate of the district as computed under Subsection
|
|
(i) or (k), as applicable;
|
|
[(ii)
the rate per $100 of taxable value
|
|
that is equal to the product of the state compression percentage, as
|
|
determined under Section 42.2516, Education Code, for the current
|
|
year and $0.06; and
|
|
[(iii) the district's current debt rate]. |
|
(n-1) This section applies only to a school district that, |
|
for the 2018 tax year, adopted a maintenance and operations tax rate |
|
equal to the sum of the district's tier one maintenance and |
|
operations tax rate and the rate of $0.04 per $100 of taxable value. |
|
For the 2020 tax year, the district shall substitute "$0.04" for |
|
"$0.05" in Subsection (n)(2)(C)(i) if the governing body of the |
|
district does not adopt by unanimous vote for that tax year a |
|
maintenance and operations tax rate at least equal to the sum of the |
|
district's tier one maintenance and operations tax rate and the |
|
rate of $0.05 per $100 of taxable value. |
|
ARTICLE 2. PUBLIC EDUCATION |
|
SECTION 2.001. Subchapter C, Chapter 7, Education Code, is |
|
amended by adding Section 7.070 to read as follows: |
|
Sec. 7.070. COORDINATION OF DATA COLLECTION. The |
|
commissioner may enter into agreements with appropriate entities as |
|
necessary to provide for the collection of data regarding college, |
|
career, and military readiness of public school students, including |
|
data maintained by: |
|
(1) governmental agencies of the United States, this |
|
state, or another state; |
|
(2) political subdivisions of this state or another |
|
state; |
|
(3) public or private institutions of higher |
|
education; and |
|
(4) relevant private organizations. |
|
SECTION 2.002. Subchapter D, Chapter 11, Education Code, is |
|
amended by adding Section 11.185 to read as follows: |
|
Sec. 11.185. EARLY CHILDHOOD LITERACY PLAN. (a) The board |
|
of trustees of each school district shall adopt an early childhood |
|
literacy plan that sets specific annual goals for the following |
|
five school years to reach quantifiable goals for performance on |
|
the third grade reading assessment instrument administered under |
|
Section 39.023. |
|
(b) The plan adopted under Subsection (a) must: |
|
(1) identify annual goals for students in each group |
|
evaluated under the closing the gaps domain under Section |
|
39.053(c)(3); |
|
(2) include annual goals for aggregate student growth |
|
on an assessment determined by the board of trustees; |
|
(3) provide for targeted professional development for |
|
classroom teachers in kindergarten or first, second, or third grade |
|
who are assigned to campuses that the board of trustees identifies |
|
as not meeting the plan's goals; |
|
(4) assign at least one district-level administrator |
|
or employee of the regional education service center for the |
|
district's region to: |
|
(A) coordinate implementation of the plan; and |
|
(B) submit an annual report to the board of |
|
trustees on the district's progress toward the goals set under the |
|
plan; and |
|
(5) be reviewed annually by the board of trustees at a |
|
public meeting. |
|
(c) The plan adopted under Subsection (a) may set separate |
|
goals for students in a bilingual education or special language |
|
program under Subchapter B, Chapter 29. |
|
(d) The professional development provided to classroom |
|
teachers under Subsection (b)(3) must, as appropriate, consider the |
|
unique needs of students in a bilingual education or special |
|
language program under Subchapter B, Chapter 29. |
|
(e) The commissioner may adopt rules as necessary to |
|
implement this section. |
|
SECTION 2.003. Section 12.104(b), Education Code, as |
|
amended by Chapters 324 (S.B. 1488), 522 (S.B. 179), and 735 (S.B. |
|
1153), Acts of the 85th Legislature, Regular Session, 2017, is |
|
reenacted and amended to read as follows: |
|
(b) An open-enrollment charter school is subject to: |
|
(1) a provision of this title establishing a criminal |
|
offense; and |
|
(2) a prohibition, restriction, or requirement, as |
|
applicable, imposed by this title or a rule adopted under this |
|
title, relating to: |
|
(A) the Public Education Information Management |
|
System (PEIMS) to the extent necessary to monitor compliance with |
|
this subchapter as determined by the commissioner; |
|
(B) criminal history records under Subchapter C, |
|
Chapter 22; |
|
(C) reading instruments and accelerated reading |
|
instruction programs under Section 28.006; |
|
(D) accelerated instruction under Section |
|
28.0211; |
|
(E) high school graduation requirements under |
|
Section 28.025; |
|
(F) special education programs under Subchapter |
|
A, Chapter 29; |
|
(G) bilingual education under Subchapter B, |
|
Chapter 29; |
|
(H) prekindergarten programs under Subchapter E |
|
or E-1, Chapter 29; |
|
(I) extracurricular activities under Section |
|
33.081; |
|
(J) discipline management practices or behavior |
|
management techniques under Section 37.0021; |
|
(K) health and safety under Chapter 38; |
|
(L) public school accountability under |
|
Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A; |
|
(M) the requirement under Section 21.006 to |
|
report an educator's misconduct; |
|
(N) intensive programs of instruction under |
|
Section 28.0213; |
|
(O) the right of a school employee to report a |
|
crime, as provided by Section 37.148; [and] |
|
(P) bullying prevention policies and procedures |
|
under Section 37.0832; |
|
(Q) the right of a school under Section 37.0052 |
|
to place a student who has engaged in certain bullying behavior in a |
|
disciplinary alternative education program or to expel the student; |
|
[and] |
|
(R) the right under Section 37.0151 to report to |
|
local law enforcement certain conduct constituting assault or |
|
harassment; |
|
(S) [(P)] a parent's right to information |
|
regarding the provision of assistance for learning difficulties to |
|
the parent's child as provided by Sections 26.004(b)(11) and |
|
26.0081(c) and (d); and |
|
(T) the early childhood literacy plan under |
|
Section 11.185. |
|
SECTION 2.004. Subchapter B, Chapter 21, Education Code, is |
|
amended by adding Sections 21.063 and 21.064 to read as follows: |
|
Sec. 21.063. TEACHER DESIGNATIONS ON CERTIFICATE. (a) The |
|
board shall place the appropriate designation issued to a teacher |
|
under Subchapter P on the teacher's certificate as soon as |
|
practicable after being notified by the agency of the issuance of |
|
the designation. |
|
(b) The board shall remove a designation under Subchapter P |
|
from a teacher's certificate on: |
|
(1) expiration of the designation, unless the agency |
|
notifies the board that the designation has been renewed; or |
|
(2) revocation of the designation under Section |
|
21.755(d). |
|
Sec. 21.064. LEGACY MASTER TEACHER CERTIFICATIONS. (a) |
|
The board shall recognize a master teacher certificate issued under |
|
former Section 21.0481, 21.0482, 21.0483, or 21.0484 until the |
|
certificate expires. The board shall note a designation of |
|
"legacy" on the certificate. |
|
(b) A master teacher certificate described by Subsection |
|
(a) is not eligible for funding under the educator effectiveness |
|
allotment under Section 48.154. |
|
SECTION 2.005. Sections 21.351(a) and (c), Education Code, |
|
are amended to read as follows: |
|
(a) The commissioner shall adopt a recommended appraisal |
|
process and criteria on which to appraise the performance of |
|
teachers. The criteria must be based on observable, job-related |
|
behavior, including: |
|
(1) a teacher's [teachers'] implementation of |
|
discipline management procedures; and |
|
(2) the performance of a teacher's [teachers'] |
|
students. |
|
(c) Under the recommended appraisal process, an appraiser |
|
must be the teacher's supervisor or a person approved by the board |
|
of trustees. An appraiser who is a classroom teacher may not |
|
appraise the performance of another classroom teacher who teaches |
|
at the same school campus at which the appraiser teaches, unless it |
|
is impractical because of the number of campuses or unless the |
|
appraiser is in a supervisory role or is the chair of a department |
|
or grade level whose job description includes classroom observation |
|
responsibilities. |
|
SECTION 2.006. Section 21.355(d), Education Code, is |
|
amended to read as follows: |
|
(d) A school district or open-enrollment charter school |
|
shall [may] give the agency information regarding the performance |
|
of a teacher or administrator, including a document evaluating the |
|
performance of a teacher or administrator currently or previously |
|
employed by the district or school for purposes of an investigation |
|
conducted by the agency. |
|
SECTION 2.007. Section 21.402, Education Code, is amended |
|
by amending Subsections (a) and (c-1) and adding Subsections (c-2), |
|
(c-3), and (c-4) to read as follows: |
|
(a) Except as provided by Subsection (e-1) [or (f)], a |
|
school district must pay each [classroom teacher,] full-time |
|
librarian, full-time school counselor certified under Subchapter |
|
B, or full-time school nurse not less than the minimum monthly |
|
salary, based on the employee's level of experience in addition to |
|
other factors, as determined by commissioner rule, determined by |
|
the following formula: |
|
MS = SF x FS |
|
where: |
|
"MS" is the minimum monthly salary; |
|
"SF" is the applicable salary factor specified by Subsection |
|
(c); and |
|
"FS" is the amount, as determined by the commissioner under |
|
Subsection (b), of the basic allotment as provided by Section |
|
48.051(a) or (b) [42.101(a) or (b)] for a school district with a |
|
maintenance and operations tax rate at least equal to the state |
|
maximum compressed tax rate, as defined by Section 48.051 |
|
[42.101(a)]. |
|
(c-1) Notwithstanding Subsections (a) and (b), each school |
|
district shall pay a monthly salary to each [classroom teacher,
|
|
full-time speech pathologist,] full-time librarian, full-time |
|
school counselor certified under Subchapter B, and full-time school |
|
nurse that is at least equal to the following monthly salary or the |
|
monthly salary determined by the commissioner under Subsections (a) |
|
and (b), whichever is greater: |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(c-2) Except as provided by Subsection (c-4), a school |
|
district must pay each fully certified classroom teacher not less |
|
than the following monthly salary, based on the teacher's level of |
|
experience in addition to other factors, as determined by |
|
commissioner rule: |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(c-3) For purposes of Subsection (c-2), a "fully certified |
|
classroom teacher" means a classroom teacher who holds a |
|
certificate issued under Subchapter B but does not include: |
|
(1) a person who holds an emergency certificate issued |
|
under Section 21.041(b)(2); |
|
(2) a person who holds a certificate issued pursuant |
|
to enrollment in an approved alternative certification program |
|
under Section 21.049 but who has not completed all program and other |
|
certification requirements; |
|
(3) a person who holds a school district teaching |
|
permit issued under Section 21.055; or |
|
(4) a person employed under a waiver granted by the |
|
commissioner under Section 7.056. |
|
(c-4) The board of trustees of a school district may adopt a |
|
minimum salary schedule based on performance tiers, as determined |
|
by teacher appraisal and performance criteria under Sections 21.351 |
|
and 21.352, instead of years of experience. A minimum salary |
|
schedule adopted under this subsection: |
|
(1) is not required to have a salary factor based on |
|
minimum years of experience for a performance tier; |
|
(2) must include: |
|
(A) a minimum salary for each performance tier; |
|
and |
|
(B) at least one performance tier with a minimum |
|
salary of not less than the minimum salary under the salary schedule |
|
specified by Subsection (c-2) for a classroom teacher with 20 or |
|
more years of experience; and |
|
(3) may not set a minimum salary at an amount that is |
|
less than the minimum salary under the salary schedule specified by |
|
Subsection (c-2) for a classroom teacher with zero years of |
|
experience. |
|
SECTION 2.008. Chapter 21, Education Code, is amended by |
|
adding Subchapter P to read as follows: |
|
SUBCHAPTER P. RECOGNIZED, EXEMPLARY, AND MASTER TEACHER |
|
DESIGNATIONS |
|
Sec. 21.751. DEFINITION. In this subchapter, "classroom |
|
teacher" includes an individual who: |
|
(1) is a teacher of record who teaches at least half |
|
the average number of students for a teaching assignment at the |
|
school campus at which the teacher is employed; and |
|
(2) satisfies the amount of teaching time requirement |
|
in the definition of a classroom teacher under Section 5.001 by |
|
providing educator leadership, including collaborating with, |
|
mentoring, or supporting other teachers. |
|
Sec. 21.752. RECOGNIZED, EXEMPLARY, AND MASTER TEACHER |
|
DESIGNATIONS. (a) To recognize the performance of teachers in this |
|
state, the commissioner shall: |
|
(1) establish an approval process for school districts |
|
and open-enrollment charter schools to designate a teacher as a |
|
recognized, exemplary, or master teacher and include the |
|
designation on the teacher's teaching certificate; |
|
(2) develop and provide technical assistance for |
|
school districts and open-enrollment charter schools in making |
|
teacher designations, including: |
|
(A) methods to involve staff in locally |
|
developing the process for designating teachers under this |
|
subchapter; and |
|
(B) assistance focusing on problems faced by |
|
rural school districts; and |
|
(3) subject to Subsection (b), authorize school |
|
districts and open-enrollment charter schools to make teacher |
|
designations for a five-year period, provided that the district's |
|
teacher designation system meets the requirements under Section |
|
21.754. |
|
(b) The commissioner shall use an institution of higher |
|
education to verify that the appraisals of a representative sample |
|
of classroom teachers meet the requirements for teacher |
|
designations under this subchapter. Verification may include |
|
on-site classroom observations or observations by video or audio |
|
recording of classroom sessions. |
|
Sec. 21.753. ELIGIBILITY CRITERIA FOR TEACHER DESIGNATION. |
|
(a) To be eligible for a teacher designation under this subchapter, |
|
a classroom teacher must: |
|
(1) hold an eligible teaching certificate issued under |
|
Subchapter B; and |
|
(2) satisfy any additional requirements adopted by the |
|
school district or open-enrollment charter school at which the |
|
teacher is employed. |
|
(b) A school district or open-enrollment charter school may |
|
designate a classroom teacher as recognized if the classroom |
|
teacher: |
|
(1) holds a National Board Certification issued by the |
|
National Board for Professional Teaching Standards; and |
|
(2) meets the other requirements of this section. |
|
(c) Except as provided by Subsection (d), the commissioner |
|
may approve a school district or open-enrollment charter school to |
|
designate a teacher under this subchapter if the district's or |
|
school's designation system under Section 21.754 determines that |
|
among teachers in the state in similar teaching assignments, the |
|
teacher is: |
|
(1) for a recognized teacher, in the top 33 percent in |
|
teaching performance; |
|
(2) for an exemplary teacher, in the top 20 percent in |
|
teaching performance; or |
|
(3) for a master teacher, in the top 5 percent of |
|
teaching performance. |
|
(d) The commissioner may raise the percentages required |
|
under Subsection (c) to ensure consistency of teacher performance |
|
standards over multiple school years as statewide performance |
|
improves, including for the purpose of teacher designation |
|
renewals. |
|
Sec. 21.754. DISTRICT TEACHER DESIGNATION SYSTEMS. (a) A |
|
district's teacher designation system must incorporate: |
|
(1) an educator appraisal system that complies with |
|
Section 21.351 or 21.352, including incorporating student |
|
performance, which may be measured by student performance over |
|
multiple school years; |
|
(2) student perception surveys for the third grade |
|
level and higher; |
|
(3) educator leadership, including collaborating |
|
with, mentoring, or supporting other teachers; |
|
(4) reliable observation-based appraisal components, |
|
including the use of independent observers and processes to ensure |
|
inter-rater reliability of observers; and |
|
(5) reliable underlying student assessments used to |
|
evaluate student performance, including test security protocols |
|
and defined testing windows. |
|
(a-1) A school district's or open-enrollment charter |
|
school's teacher designation system is not required to incorporate |
|
the surveys required under Subsection (a)(2) until the 2022-2023 |
|
school year. This subsection expires September 1, 2023. |
|
(b) The commissioner may not authorize a school district or |
|
open-enrollment charter school to make teacher designations under |
|
this subchapter until the district's teacher designation system has |
|
evaluated classroom teachers in compliance with Subsection (a)(4). |
|
(c) The commissioner may develop an auditing process for |
|
district teacher designation systems to maintain quality and ensure |
|
compliance. The commissioner may, as necessary: |
|
(1) revoke the commissioner's approval of a district's |
|
designation system; |
|
(2) require modifications to a district's designation |
|
system to retain the commissioner's approval; |
|
(3) suspend eligibility for funding for a district's |
|
noncompliance with an audit; or |
|
(4) recover funds under Section 48.272 from a district |
|
that has a designation system that is out of compliance or for which |
|
the commissioner's approval has been revoked. |
|
(d) The commissioner may adopt necessary reporting |
|
processes and timelines for the auditing process under Subsection |
|
(c). |
|
Sec. 21.755. VALIDITY AND EXPIRATION OF TEACHER |
|
DESIGNATION. (a) A teacher designation under this subchapter: |
|
(1) is valid until the teacher designation expires |
|
regardless of whether the teacher: |
|
(A) changes teaching assignment; |
|
(B) transfers school campuses; or |
|
(C) is employed by another school district or |
|
open-enrollment charter school; and |
|
(2) expires at the end of the school year during which |
|
the fifth anniversary of the date on which the teacher receives the |
|
designation occurs. |
|
(b) A teacher has no vested property right in a teacher |
|
designation assigned to the teacher under this subchapter. |
|
(c) A teacher designation issued under this subchapter is |
|
void on the determination that the designation was issued |
|
improperly. Subchapters C through H, Chapter 2001, Government |
|
Code, do not apply to the voiding of a teacher designation under |
|
this subsection. |
|
(d) The State Board for Educator Certification may revoke or |
|
suspend a certificate holder's teacher designation issued under |
|
this subchapter. |
|
Sec. 21.756. MULTIPLE DESIGNATIONS PROHIBITED. A teacher |
|
may receive only one teacher designation under this subchapter at |
|
any time. If a teacher qualifies for: |
|
(1) both a recognized and exemplary teacher |
|
designation, the teacher receives the exemplary designation; and |
|
(2) either a recognized or exemplary designation and a |
|
master designation, the teacher receives a master designation. |
|
Sec. 21.757. INFORMATION RELATING TO TEACHER AND STUDENT |
|
PERFORMANCE. (a) The agency, or an entity the agency contracts |
|
with to implement this subchapter, may access information required |
|
to verify an eligibility determination under this subchapter, |
|
including information from the school district or open-enrollment |
|
charter school at which the teacher is or was employed relating to |
|
the performance of the teacher's current or previous students. |
|
(b) The agency shall collect information necessary to |
|
implement this subchapter, which may include student performance |
|
information for a sample of students across the state and |
|
information regarding educator appraisals. |
|
(c) A school district or open-enrollment charter school |
|
shall provide any information required under this subchapter. |
|
(d) Information otherwise confidential remains |
|
confidential and is not subject to Chapter 552, Government Code. |
|
Sec. 21.758. FEES. (a) The commissioner may adopt fees for |
|
the authorization of school districts and open-enrollment charter |
|
schools to make teacher designations under this subchapter. |
|
(b) A fee adopted by the agency under this subchapter is not |
|
subject to Sections 2001.0045 and 2001.0221, Government Code. |
|
Sec. 21.759. STUDENT PERFORMANCE STUDY. (a) The |
|
commissioner shall periodically conduct a study using an external |
|
organization to determine the impact of the teacher designations |
|
issued under this subchapter on student performance. |
|
(b) The commissioner shall make recommendations as |
|
necessary to the governor and the legislature to improve the |
|
quality of and impact on student performance of teacher |
|
designations issued under this subchapter. |
|
Sec. 21.760. ADVISORY COMMITTEE OR PANEL. (a) The |
|
commissioner may appoint a committee or panel to advise, make |
|
recommendations, or make determinations relating to any duties |
|
assigned to the commissioner under this subchapter. |
|
(b) A committee or panel appointed under this section is not |
|
subject to Chapter 2110, Government Code. |
|
Sec. 21.761. RULES; FINALITY OF DECISIONS. (a) The |
|
commissioner may adopt rules to implement this subchapter. |
|
(b) A decision made by the commissioner under this |
|
subchapter is final and may not be appealed. |
|
SECTION 2.009. Section 25.085, Education Code, is amended |
|
by adding Subsection (i) to read as follows: |
|
(i) Notwithstanding any other provision of this section, a |
|
student enrolled in a school district is not required to attend |
|
school for any additional instructional days described by Section |
|
25.0841. |
|
SECTION 2.010. Section 25.112, Education Code, is amended |
|
by adding Subsection (g) to read as follows: |
|
(g) The limit in Subsection (a) does not apply to a class |
|
taught by a teacher who has been issued a recognized, exemplary, or |
|
master teacher designation under Subchapter P, Chapter 21. |
|
SECTION 2.011. Section 28.006, Education Code, is amended |
|
by amending Subsections (b), (c), (d), (f), and (i) and adding |
|
Subsections (b-1), (c-2), (c-3), and (l) to read as follows: |
|
(b) The commissioner shall adopt a list of reading |
|
instruments that a school district may use to diagnose student |
|
reading development and comprehension. For use in diagnosing the |
|
reading development and comprehension of kindergarten students, |
|
the commissioner shall adopt a [include on the commissioner's list
|
|
at least two] multidimensional assessment tool that includes |
|
[tools.
A multidimensional assessment tool on the commissioner's
|
|
list must either include] a reading instrument and tests [test] at |
|
least three developmental skills, including literacy[, or test at
|
|
least two developmental skills, other than literacy, and be
|
|
administered in conjunction with a separate reading instrument that
|
|
is on a list adopted under this subsection]. A multidimensional |
|
assessment tool administered as provided by this subsection is |
|
considered to be a reading instrument for purposes of this section. |
|
A district-level committee established under Subchapter F, Chapter |
|
11, may adopt a list of reading instruments for use in the district |
|
in a grade level other than kindergarten in addition to the reading |
|
instruments on the commissioner's list. Each reading instrument |
|
adopted by the commissioner or a district-level committee must be |
|
based on scientific research concerning reading skills development |
|
and reading comprehension. A list of reading instruments adopted |
|
under this subsection must provide for diagnosing the reading |
|
development and comprehension of students participating in a |
|
program under Subchapter B, Chapter 29. |
|
(b-1) The commissioner may approve an alternative reading |
|
instrument for use in diagnosing the reading development and |
|
comprehension of kindergarten students that complies with the |
|
requirements under Subsection (b). |
|
(c) Each school district shall administer, at the |
|
[kindergarten and] first and second grade levels, a reading |
|
instrument on the list adopted by the commissioner or by the |
|
district-level committee. The district shall administer the |
|
reading instrument in accordance with the commissioner's |
|
recommendations under Subsection (a)(1). |
|
(c-2) Each school district shall administer at the |
|
kindergarten level a reading instrument adopted by the commissioner |
|
under Subsection (b) or approved by the commissioner under |
|
Subsection (b-1). The district shall administer the reading |
|
instrument in accordance with the commissioner's recommendations |
|
under Subsection (a)(1). |
|
(c-3) The commissioner by rule shall determine the |
|
performance on the reading instrument adopted under Subsection (b) |
|
that indicates kindergarten readiness. |
|
(d) The superintendent of each school district shall: |
|
(1) report to the commissioner and the board of |
|
trustees of the district the results of the reading instruments; |
|
(2) not later than the 30th day after the date on which |
|
a reading instrument was administered report, in writing, to a |
|
student's parent or guardian the student's results on the [reading] |
|
instrument; and |
|
(3) using the school readiness certification system |
|
provided to the school district in accordance with Section |
|
29.161(e), report electronically each student's raw score on the |
|
reading instrument to the agency for use in the school readiness |
|
certification system. |
|
(f) This section may be implemented only if funds are |
|
appropriated for administering the reading instruments or if the |
|
reading instrument to be administered is provided to school |
|
districts at no cost to the districts. Funds, other than local |
|
funds, may be used to pay the cost of administering a reading |
|
instrument only if the instrument is on the list adopted by the |
|
commissioner. |
|
(i) The commissioner shall certify, not later than July 1 of |
|
each school year or as soon as practicable thereafter, whether |
|
sufficient funds have been appropriated statewide for the purposes |
|
of this section or whether the applicable reading instruments have |
|
been provided to school districts at no cost to the districts. A |
|
determination by the commissioner is final and may not be appealed. |
|
For purposes of certification, the commissioner may not consider |
|
Foundation School Program funds. |
|
(l) The commissioner may adopt rules as necessary to |
|
implement this section. Section 2001.0045, Government Code, does |
|
not apply to rules adopted under this subsection. |
|
SECTION 2.012. Subchapter D, Chapter 29, Education Code, is |
|
amended by adding Section 29.124 to read as follows: |
|
Sec. 29.124. CERTIFICATION REQUIRED. (a) Each school |
|
district shall annually certify to the commissioner that the |
|
district has established a program for gifted and talented students |
|
as required by this subchapter. |
|
(b) If the commissioner determines that a school district |
|
has failed to comply with Subsection (a) for a school year, the |
|
commissioner shall reduce the total amount of funding to which the |
|
district is entitled under Chapter 48 for that school year by an |
|
amount equal to the basic allotment multiplied by the product of: |
|
(1) 0.12; and |
|
(2) an amount equal to five percent of the students in |
|
average daily attendance in the district. |
|
(c) The commissioner may restore to a school district all or |
|
part of the funding withheld from the district's entitlement under |
|
Subsection (b) if during the school year the district complies with |
|
Subsection (a). |
|
SECTION 2.013. Section 29.153, Education Code, is amended |
|
by amending Subsections (c) and (d) and adding Subsections (c-1), |
|
(d-1), and (d-2) to read as follows: |
|
(c) A prekindergarten class under this section may [shall] |
|
be operated on a half-day basis for children under four years of age |
|
and shall be operated on a full-day basis for children who are at |
|
least four years of age. 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. |
|
(c-1) A prekindergarten class under this section for |
|
children who are least four years of age must comply with the |
|
program standards required for high quality prekindergarten |
|
programs under Subchapter E-1. |
|
(d) Subject to Subsections (d-1) and (d-2), on [On] |
|
application of a district, the commissioner may exempt a district |
|
from the application of all or any part of this section, including |
|
all or any part of Subchapter E-1 for a prekindergarten class |
|
described by Subsection (c-1), if the commissioner determines that: |
|
(1) the district would be required to construct |
|
classroom facilities in order to provide prekindergarten classes; |
|
or |
|
(2) implementing any part of this section would result |
|
in fewer eligible children being enrolled in a prekindergarten |
|
class under this section. |
|
(d-1) A district may not receive an exemption under |
|
Subsection (d) unless the district has solicited and considered at |
|
a public meeting proposals for partnerships with public or private |
|
entities regarding prekindergarten classes required under this |
|
section. A decision of the board of trustees regarding a |
|
partnership described by this subsection is final. |
|
(d-2) An exemption under Subsection (d) may not be granted |
|
for a period longer than three school years and may be renewed only |
|
once. |
|
SECTION 2.014. Section 29.1531(a), Education Code, is |
|
amended to read as follows: |
|
(a) A school district may offer on a tuition basis or use |
|
district funds to provide: |
|
(1) an additional half-day of prekindergarten classes |
|
to children who are eligible for classes under Section 29.153 and |
|
are under four years of age; and |
|
(2) half-day and full-day prekindergarten classes to |
|
children not eligible for classes under Section 29.153. |
|
SECTION 2.015. Section 29.1532(c), Education Code, is |
|
amended to read as follows: |
|
(c) A school district that offers prekindergarten classes, |
|
including a high quality prekindergarten program class under |
|
Subchapter E-1, shall include the following information in the |
|
district's Public Education Information Management System (PEIMS) |
|
report: |
|
(1) demographic information, as determined by the |
|
commissioner, on students enrolled in district and campus |
|
prekindergarten classes, including the number of students who are |
|
eligible for classes under Section 29.153; |
|
(2) the numbers of half-day and full-day |
|
prekindergarten classes offered by the district and campus; |
|
(3) the number of half-day prekindergarten classes for |
|
which the district has received an exemption from full-day |
|
operation under Section 29.153(d); |
|
(4) the sources of funding for the prekindergarten |
|
classes; |
|
(5) [(4)] the class size and ratio of instructional |
|
staff to students for each prekindergarten program class offered by |
|
the district and campus; |
|
(6) [(5)] if the district elects to administer an |
|
assessment instrument under Section 29.169 to students enrolled in |
|
district and campus prekindergarten program classes, a description |
|
and the results of each type of assessment instrument; and |
|
(7) [(6)] curricula used in the district's |
|
prekindergarten program classes. |
|
SECTION 2.016. Section 29.1543, Education Code, is amended |
|
to read as follows: |
|
Sec. 29.1543. EARLY EDUCATION REPORTS. The agency shall |
|
produce and make available to the public on the agency's Internet |
|
website annual district and campus-level reports containing |
|
information from the previous school year on early education in |
|
school districts and open-enrollment charter schools. A report |
|
under this section must contain: |
|
(1) the information required by Section 29.1532(c) to |
|
be reported through the Public Education Information Management |
|
System (PEIMS); |
|
(2) a description of the diagnostic reading |
|
instruments administered in accordance with Section 28.006(c) or |
|
(c-2); |
|
(3) the number of students who were administered a |
|
diagnostic reading instrument administered in accordance with |
|
Section 28.006(c) or (c-2); |
|
(4) the number of students whose scores from a |
|
diagnostic reading instrument administered in accordance with |
|
Section 28.006(c) or (c-2) indicate reading proficiency; [and] |
|
(5) the number of kindergarten students who were |
|
enrolled in a prekindergarten program in the previous school year |
|
in the same district or school as the district or school in which |
|
the student attends kindergarten; |
|
(6) the number and percentage of students who perform |
|
satisfactorily on the third grade reading or mathematics assessment |
|
instrument administered under Section 39.023, disaggregated by |
|
whether the student was eligible for free prekindergarten under |
|
Section 29.153; |
|
(7) the number of students described by Subdivision |
|
(6) who attended kindergarten in the district, disaggregated by: |
|
(A) whether the student met the kindergarten |
|
readiness standard on the reading instrument adopted under Section |
|
28.006; |
|
(B) whether the student attended prekindergarten |
|
in the district; and |
|
(C) the type of prekindergarten the student |
|
attended, if applicable; and |
|
(8) the information described by Subdivisions (6) and |
|
(7) disaggregated by whether the student is educationally |
|
disadvantaged. |
|
SECTION 2.017. Section 29.162, Education Code, is amended |
|
to read as follows: |
|
Sec. 29.162. RULES [DETERMINATION OF FULL-DAY AND
|
|
HALF-DAY]. (a) The commissioner may adopt rules for this |
|
subchapter, including rules establishing full-day and half-day |
|
minutes of operation requirements as provided by Section 25.081. |
|
(b) Section 2001.0045, Government Code, does not apply to |
|
rules adopted under this section. |
|
SECTION 2.018. The heading to Subchapter E-1, Chapter 29, |
|
Education Code, is amended to read as follows: |
|
SUBCHAPTER E-1. HIGH QUALITY PREKINDERGARTEN [GRANT] PROGRAM |
|
REQUIREMENTS |
|
SECTION 2.019. Section 29.164, Education Code, is amended |
|
to read as follows: |
|
Sec. 29.164. DEFINITION. In this subchapter, "program" |
|
means a high quality prekindergarten [grant] program required under |
|
Section 29.153(c-1) to be provided free of tuition or fees in |
|
accordance with this subchapter. |
|
SECTION 2.020. Section 29.167(a), Education Code, is |
|
amended to read as follows: |
|
(a) A school district shall select and implement a |
|
curriculum for a prekindergarten [grant] program [under this
|
|
subchapter] that: |
|
(1) includes the prekindergarten guidelines |
|
established by the agency; |
|
(2) measures the progress of students in meeting the |
|
recommended learning outcomes; and |
|
(3) does not use national curriculum standards |
|
developed by the Common Core State Standards Initiative. |
|
SECTION 2.021. Section 29.170(a), Education Code, is |
|
amended to read as follows: |
|
(a) The commissioner shall evaluate the use and |
|
effectiveness of prekindergarten funding [provided under this
|
|
subchapter] in improving student learning. The commissioner shall |
|
identify effective instruction strategies implemented by school |
|
districts under this subchapter. |
|
SECTION 2.022. Section 29.171(a), Education Code, is |
|
amended to read as follows: |
|
(a) A school district that offers a prekindergarten |
|
[participating in the grant] program under this subchapter may |
|
enter into a contract with an eligible private provider to provide |
|
services or equipment for the program. |
|
SECTION 2.023. Section 29.172, Education Code, is amended |
|
to read as follows: |
|
Sec. 29.172. RULES. (a) The commissioner may adopt rules |
|
necessary to implement this subchapter. |
|
(b) Section 2001.0045, Government Code, does not apply to |
|
rules adopted under this section. |
|
SECTION 2.024. Section 29.190(a), Education Code, is |
|
amended to read as follows: |
|
(a) A student is entitled to a subsidy under this section |
|
if: |
|
(1) the student: |
|
(A) successfully completes the career and |
|
technology program of a school district in which the student |
|
receives training and instruction for employment; or |
|
(B) is enrolled in a special education program |
|
under Subchapter A; and |
|
(2) the student passes a certification examination to |
|
qualify for a license or certificate that is an industry |
|
certification for purposes of Section 39.053(c)(1)(B)(v). |
|
SECTION 2.025. Subchapter Z, Chapter 29, Education Code, is |
|
amended by adding Sections 29.924 and 29.925 to read as follows: |
|
Sec. 29.924. BLENDED LEARNING GRANT PROGRAM. (a) In this |
|
section, "blended learning" means an instructional delivery method |
|
that combines classroom and online instruction. |
|
(b) From funds appropriated or available for purposes of |
|
this section, the commissioner shall establish a grant program to |
|
assist school districts in developing and implementing effective |
|
blended learning models. In awarding grants under the program, the |
|
commissioner shall give priority to school districts that have the |
|
highest enrollment of students who are educationally |
|
disadvantaged. |
|
(c) A school district that receives a grant under this |
|
section must: |
|
(1) develop a plan to implement a blended learning |
|
model that meets the requirements under Subsection (d); |
|
(2) provide training to educators on effective blended |
|
learning practices using a program approved by the commissioner for |
|
that purpose; |
|
(3) after completion of the training under Subdivision |
|
(2): |
|
(A) certify to the agency that the blended |
|
learning model has been implemented; and |
|
(B) immediately following the fourth school year |
|
of implementation, submit to the agency a report on student |
|
outcomes under the blended learning model; and |
|
(4) provide any other information to the agency as |
|
necessary for the implementation of this section. |
|
(d) A plan to implement a blended learning model developed |
|
under Subsection (c) must: |
|
(1) during the first year require implementation of |
|
the model across an entire grade level at a campus and permit |
|
subsequent expansion of the model to additional grade levels at the |
|
campus or, if the campus has achieved full implementation of the |
|
model across all grade levels, to additional campuses in a manner |
|
that provides students a consistent learning experience; |
|
(2) require classroom teachers to personalize |
|
instruction for all students in a grade level using the blended |
|
learning model, including by: |
|
(A) using curricula and assessments that allow |
|
each student to progress at the student's pace based on |
|
demonstrated proficiency; |
|
(B) providing learning opportunities that give |
|
students, in collaboration with the teacher, control over the time, |
|
place, path, and pace of the student's learning; and |
|
(C) allocating a certain amount of instructional |
|
preparation time to collaborating with students and developing |
|
blended learning lesson plans and activities driven by individual |
|
student needs; |
|
(3) provide educators with professional development |
|
opportunities regarding blended learning; and |
|
(4) require the use of a proficiency-based assessment |
|
to inform instruction and provide classroom teachers with relevant |
|
information regarding strengths and gaps in a student's learning |
|
and proficiency in the essential knowledge and skills. |
|
(e) Funds awarded under the grant program may be used only |
|
to implement a program under this section and satisfy the |
|
requirements under Subsection (c). |
|
(f) A school district may receive a grant under this section |
|
for not more than four consecutive school years. |
|
(g) The commissioner shall adopt rules as necessary to |
|
implement this section, including rules establishing an |
|
application and selection process for awarding grants under this |
|
section and a list of programs that may be used for training under |
|
Subsection (c)(2). In adopting rules under this subsection, the |
|
commissioner may not impose any requirements on a school district's |
|
plan to implement a blended learning model not listed under |
|
Subsection (d). |
|
(h) A decision of the commissioner under this section is |
|
final and may not be appealed. |
|
Sec. 29.925. ENHANCEMENT SERVICES GRANT PROGRAM. (a) In |
|
this section: |
|
(1) "Committee" means an admission, review, and |
|
dismissal committee or a team established for a student under |
|
Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794). |
|
(2) "Parent" means a resident of this state who is a |
|
natural or adoptive parent, managing or possessory conservator, |
|
legal guardian, custodian, or other person with legal authority to |
|
act on behalf of a child. |
|
(3) "Program" means the grant program established |
|
under this section. |
|
(4) "Program participant" means a student and a parent |
|
of a student who has been accepted into the program. |
|
(b) From funds appropriated or available for the purpose, |
|
including federal funding, the commissioner shall establish and |
|
administer a grant program to provide funding to school districts |
|
for eligible students to obtain enhancement services that: |
|
(1) supplement the student's public education; |
|
(2) promote and improve the student's overall academic |
|
performance; and |
|
(3) exceed the level of services that the student's |
|
committee has determined to be necessary for the student to receive |
|
a free appropriate public education. |
|
(c) A student is eligible to participate in the program if: |
|
(1) the student is enrolled in a school district and |
|
was enrolled in that district during the entire preceding school |
|
year; |
|
(2) the student has one or more of the following |
|
disabilities: |
|
(A) dyslexia; |
|
(B) autism; |
|
(C) speech disability; or |
|
(D) learning disability; and |
|
(3) for one or more disabilities listed in Subdivision |
|
(2): |
|
(A) an individualized education program has been |
|
developed for the student under Section 29.005; or |
|
(B) the student is covered by Section 504, |
|
Rehabilitation Act of 1973 (29 U.S.C. Section 794). |
|
(d) On or before the date established by commissioner rule, |
|
each school district annually shall provide information regarding |
|
the program to a parent of each student enrolled in the district who |
|
may be eligible to participate in the program. |
|
(e) On or before the date established by commissioner rule, |
|
a parent of an eligible student may apply on behalf of the student |
|
to the agency for participation in the program for the school year |
|
for which the application is made. The school district in which the |
|
student is enrolled shall assist the parent in making the |
|
application. |
|
(f) In accepting students into the program, the |
|
commissioner shall: |
|
(1) give priority to students who are educationally |
|
disadvantaged; and |
|
(2) to the greatest extent possible, ensure that the |
|
accepted students reflect the diversity of the state. |
|
(g) Funds received under the program may be used only for |
|
the following services or goods provided to a program participant |
|
by an education service provider or vendor of educational products |
|
approved by the commissioner under Subsection (j): |
|
(1) costs of transportation for the student to receive |
|
educational support services; |
|
(2) the cost of instructional materials, as that term |
|
is defined by Section 31.002; |
|
(3) fees for educational therapies or support services |
|
provided by a practitioner or provider; and |
|
(4) costs of assistive technology. |
|
(h) The parent of a student participating in the program, in |
|
consultation with the student's committee, shall select the |
|
services or goods allowed under Subsection (g) to be provided to the |
|
student under the program and the appropriate education service |
|
provider or vendor of educational products to provide those |
|
services or goods. On the parent's selection, the school district |
|
at which the parent's student is enrolled shall contract with the |
|
selected education service provider or vendor of educational |
|
products to provide the selected services or goods to the student. |
|
(i) An education service provider or vendor of educational |
|
products may not solicit or provide incentives to any program |
|
participant to select the provider or vendor to provide services or |
|
goods using money distributed under the program. |
|
(j) An education service provider or vendor of educational |
|
products must apply to and be approved by the commissioner to |
|
receive money distributed under the program. To be eligible for |
|
approval, an education service provider or vendor of educational |
|
products must: |
|
(1) have operated for at least three consecutive |
|
years, including at least one year in this state; |
|
(2) provide to the commissioner: |
|
(A) a current financial audit from a certified |
|
public accountant; |
|
(B) documentation indicating that the provider |
|
or vendor has completed a national criminal history record |
|
information review within a period established by commissioner |
|
rule; and |
|
(C) a list of any national or state licenses, |
|
certifications, or credentials possessed by the provider or vendor; |
|
and |
|
(3) agree not to use the national curriculum standards |
|
developed by the Common Core State Standards Initiative. |
|
(k) A parent of a student participating in the program, a |
|
member of the student's committee, or an education service provider |
|
or vendor of educational products may appeal the commissioner's |
|
rejection of an application submitted under Subsection (j) in |
|
accordance with rules established by the commissioner. |
|
(l) At least once each semester, an education service |
|
provider or vendor of educational products selected to provide |
|
services or goods to a student participating in the program shall |
|
meet with the student's parent and the members of the student's |
|
committee at a time and place determined by the school district to |
|
discuss the student's progress and to evaluate the continued use of |
|
the provider or vendor. |
|
(m) The commissioner annually shall review each approved |
|
education service provider or vendor of educational products and, |
|
as appropriate, renew or revoke that approval. |
|
(n) A student's participation in the program does not affect |
|
the student's rights or a school district's obligations with |
|
respect to the student under the Individuals with Disabilities |
|
Education Act (20 U.S.C. Section 1400 et seq.); Section 504, |
|
Rehabilitation Act of 1973 (29 U.S.C. Section 794); or the |
|
Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et |
|
seq.). |
|
(o) Each school district in which a participating student is |
|
enrolled shall submit an annual report to the agency on the use of |
|
grant funds awarded under this section. |
|
(o-1) Not later than December 30, 2020, the agency shall |
|
review the performance of the program and submit to the legislature |
|
a report on the agency's conclusions. In conducting the review, the |
|
agency shall solicit input from program participants and |
|
participating school districts. This subsection expires September |
|
1, 2021. |
|
(p) The commissioner shall adopt rules as necessary to |
|
implement this section. |
|
SECTION 2.026. Sections 39.0261(a), (e), and (f), Education |
|
Code, are amended to read as follows: |
|
(a) In addition to the assessment instruments otherwise |
|
authorized or required by this subchapter: |
|
(1) each school year and at state cost, a school |
|
district may administer to students in the spring of the eighth |
|
grade an established, valid, reliable, and nationally |
|
norm-referenced preliminary college preparation assessment |
|
instrument for the purpose of diagnosing the academic strengths and |
|
deficiencies of students before entrance into high school; |
|
(2) each school year and at state cost, a school |
|
district may administer to students in the 10th grade an |
|
established, valid, reliable, and nationally norm-referenced |
|
preliminary college preparation assessment instrument for the |
|
purpose of measuring a student's progress toward readiness for |
|
college and the workplace; and |
|
(3) high school students in the spring of the 11th |
|
grade or during the 12th grade may select and take once, at state |
|
cost: |
|
(A) [,] one of the valid, reliable, and |
|
nationally norm-referenced assessment instruments used by colleges |
|
and universities as part of their undergraduate admissions |
|
processes; or |
|
(B) the assessment instrument designated by the |
|
Texas Higher Education Coordinating Board under Section 51.334. |
|
(e) Subsection (a)(3) does not prohibit a high school |
|
student [in the spring of the 11th grade or during the 12th grade] |
|
from selecting and taking, at the student's own expense, an |
|
assessment instrument described by that subdivision [one of the
|
|
valid, reliable, and nationally norm-referenced assessment
|
|
instruments used by colleges and universities as part of their
|
|
undergraduate admissions processes more than once]. |
|
(f) The provisions of this section regarding assessment |
|
instruments administered under Subsection (a)(1) or (2) apply only |
|
if the legislature appropriates funds for those purposes [of this
|
|
section]. |
|
SECTION 2.027. Section 39.306(a), Education Code, is |
|
amended to read as follows: |
|
(a) Each board of trustees shall publish an annual report |
|
describing the educational performance of the district and of each |
|
campus in the district that includes uniform student performance |
|
and descriptive information as determined under rules adopted by |
|
the commissioner. The annual report must also include: |
|
(1) campus performance objectives established under |
|
Section 11.253 and the progress of each campus toward those |
|
objectives, which shall be available to the public; |
|
(2) information indicating the district's |
|
accreditation status and identifying each district campus awarded a |
|
distinction designation under Subchapter G or considered an |
|
unacceptable campus under Chapter 39A; |
|
(3) the district's current special education |
|
compliance status with the agency; |
|
(4) a statement of the number, rate, and type of |
|
violent or criminal incidents that occurred on each district |
|
campus, to the extent permitted under the Family Educational Rights |
|
and Privacy Act of 1974 (20 U.S.C. Section 1232g); |
|
(5) information concerning school violence prevention |
|
and violence intervention policies and procedures that the district |
|
is using to protect students; |
|
(6) the findings that result from evaluations |
|
conducted under the Safe and Drug-Free Schools and Communities Act |
|
of 1994 (20 U.S.C. Section 7101 et seq.); [and] |
|
(7) information received under Section 51.403(e) for |
|
each high school campus in the district, presented in a form |
|
determined by the commissioner; and |
|
(8) the progress of the district and each campus in the |
|
district toward meeting three- and five-year goals developed by the |
|
district to achieve the state's public education goals under |
|
Section 39.335(a)(1). |
|
SECTION 2.028. Subchapter K, Chapter 39, Education Code, is |
|
amended by adding Section 39.335 to read as follows: |
|
Sec. 39.335. EDUCATIONAL PROGRESS REPORT. (a) Not later |
|
than December 1 of each year, the agency shall produce a report on |
|
progress in the preceding school year toward meeting the state's |
|
public education goals. The report must: |
|
(1) include: |
|
(A) the percentage of students who performed |
|
satisfactorily on an assessment instrument administered under |
|
Section 39.023; |
|
(B) the percentage of students who graduated high |
|
school without the need for remediation, based on meeting college, |
|
career, or military readiness standards under Section |
|
39.053(c)(1)(B); and |
|
(C) any other information indicating progress |
|
toward increasing the percentage of students described by |
|
Paragraphs (A) and (B); and |
|
(2) be disaggregated by: |
|
(A) each student group evaluated under the |
|
closing the gaps domain under Section 39.053(c)(3); |
|
(B) school district or open-enrollment charter |
|
school; and |
|
(C) high school campus. |
|
(b) The agency may provide the report under Subsection (a) |
|
in writing or post the report on the agency's Internet website. The |
|
report may be combined with any other report produced by the agency. |
|
ARTICLE 3. REPEALER |
|
SECTION 3.001. (a) The following provisions of the |
|
Education Code are repealed: |
|
(1) Section 21.0481; |
|
(2) Section 21.0482; |
|
(3) Section 21.0483; |
|
(4) Section 21.0484; |
|
(5) Section 21.357; |
|
(6) Sections 21.402(f) and (h); |
|
(7) Section 21.410; |
|
(8) Section 21.411; |
|
(9) Section 21.412; |
|
(10) Section 21.413; |
|
(11) Sections 28.006(d-1) and (e); |
|
(12) Section 29.097; |
|
(13) Section 29.098; |
|
(14) Section 29.165; |
|
(15) Section 29.166; |
|
(16) Section 39.233; |
|
(17) Section 39.234; |
|
(18) the headings to Chapters 41 and 42; |
|
(19) the heading to Subchapter A, Chapter 41; |
|
(20) the heading to Section 41.002; |
|
(21) Sections 41.002(a) and (b); |
|
(22) Section 41.0041; |
|
(23) the heading to Subchapter D, Chapter 41; |
|
(24) Section 41.0931; |
|
(25) Section 41.098; |
|
(26) the heading to Subchapter E, Chapter 41; |
|
(27) the heading to Subchapter A, Chapter 42; |
|
(28) the heading to Section 42.006; |
|
(29) Section 42.007; |
|
(30) the heading to Subchapter B, Chapter 42; |
|
(31) Section 42.102; |
|
(32) Section 42.103; |
|
(33) Section 42.104; |
|
(34) the heading to Subchapter C, Chapter 42; |
|
(35) Section 42.1541; |
|
(36) Section 42.156; |
|
(37) Section 42.160; |
|
(38) the heading to Subchapter E, Chapter 42; |
|
(39) Section 42.2513; |
|
(40) Section 42.2517; |
|
(41) Section 42.2518; and |
|
(42) the headings to Subchapters F and G, Chapter 42. |
|
(b) Effective September 1, 2024, Sections 48.257(g), (h), |
|
and (i), Education Code, as transferred, redesignated, and amended |
|
by this Act, are repealed. |
|
(c) Sections 26.08(o) and (p), Tax Code, are repealed. |
|
ARTICLE 4. TRANSITION |
|
SECTION 4.001. The State Board for Educator Certification |
|
may not issue a new or renew a master teacher certificate issued |
|
under Section 21.0481, 21.0482, 21.0483, or 21.0484, Education |
|
Code, on or after the effective date of this Act. |
|
SECTION 4.002. (a) Except as provided by Subsection (b) of |
|
this section, Article 2 of this Act applies beginning with the |
|
2019-2020 school year. |
|
(b) Section 28.006, Education Code, as amended by this Act, |
|
applies beginning with the 2020-2021 school year. |
|
SECTION 4.003. Section 26.08, Tax Code, as amended by this |
|
Act, applies beginning with the 2019 tax year. |
|
SECTION 4.004. To the extent of any conflict, this Act |
|
prevails over another Act of the 86th Legislature, Regular Session, |
|
2019, relating to nonsubstantive additions to and corrections in |
|
enacted codes. |
|
ARTICLE 5. EFFECTIVE DATE |
|
SECTION 5.001. (a) Except as provided by Subsection (b) of |
|
this section, this Act takes effect September 1, 2019. |
|
(b) Section 48.106(b), Education Code, as transferred, |
|
redesignated, and amended by this Act, takes effect September 1, |
|
2020. |