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A BILL TO BE ENTITLED
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AN ACT
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relating to a study of the impact and feasibility of adopting |
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average daily membership when determining the entitlement of a |
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school district or open-enrollment charter school. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) The commissioner of education shall conduct |
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a study of the impact and feasibility of adopting average daily |
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membership when determining the entitlement of a school district or |
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open-enrollment charter school. |
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(b) The commissioner of education shall establish an |
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advisory committee to assist the commissioner of education in |
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conducting the study. The advisory committee must be composed of: |
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(1) the following representatives appointed by the |
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commissioner of education: |
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(A) one representative of a school district that |
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is considered a "major urban" district, as defined by the Texas |
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Education Agency; |
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(B) one representative of a school district that |
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is considered a "major suburban" district, as defined by the Texas |
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Education Agency; |
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(C) one representative of a school district that |
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is considered an "other central city" district, as defined by the |
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Texas Education Agency; |
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(D) one representative of a school district that |
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is considered an "other central city suburban" district, as defined |
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by the Texas Education Agency; |
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(E) one representative of a school district that |
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is considered an "independent town" district, as defined by the |
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Texas Education Agency; |
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(F) one representative of a school district that |
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is considered a "non-metropolitan: fast growing" district, as |
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defined by the Texas Education Agency; |
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(G) one representative of a school district that |
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is considered a "non-metropolitan: stable" district, as defined by |
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the Texas Education Agency; |
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(H) one representative of a school district that |
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is considered a "rural" district, as defined by the Texas Education |
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Agency; |
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(I) one or more representatives from an |
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open-enrollment charter school; |
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(J) one or more representatives from |
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organizations interested in the effect of chronic absenteeism; |
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(K) public school finance experts; |
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(L) one or more representatives from the Texas |
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Demographic Center; and |
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(M) agency staff, as appropriate. |
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(c) The commissioner of education, with the assistance of |
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the advisory committee, shall study: |
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(1) the impact of transitioning from average daily |
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attendance to average daily membership on entitlements for school |
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districts and open-enrollment charter schools and the state school |
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finance system, disaggregated by all student groups served by the |
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districts and open-enrollment charter schools, including |
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categories of ethnicity, socioeconomic status, sex, populations |
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eligible for allotments under Subchapter C, Chapter 48, Education |
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Code, and populations served by special programs, including |
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students in special education programs under Subchapter A, Chapter |
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29, Education Code; and |
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(2) the statutory and administrative changes that |
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would be necessary to effectively calculate district entitlements |
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under Subsection (c)(1); |
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(d) In studying the adoption of a new model for entitlement |
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calculations, the commissioner of education and the advisory |
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committee must compare the benefits and costs among different types |
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of districts, including comparisons between: |
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(1) "major urban" districts, as defined by the Texas |
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Education Agency; |
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(2) "major suburban" districts, as defined by the |
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Texas Education Agency; |
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(3) "other central city" districts, as defined by the |
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Texas Education Agency; |
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(4) "other central city suburban" districts, as |
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defined by the Texas Education Agency; |
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(5) "independent town" districts, as defined by the |
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Texas Education Agency; |
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(6) "non-metropolitan: fast growth" districts, as |
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defined by the Texas Education Agency; |
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(7) "non-metropolitan: stable" districts, as defined |
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by the Texas Education Agency; |
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(8) "rural" districts, as defined by the Texas |
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Education Agency; and |
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(9) open-enrollment charter districts. |
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(e) The commissioner of education and the advisory |
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committee shall prepare a report that: |
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(1) forecasts the fiscal impact to the State to |
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transition from the current school finance system that utilizes |
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average daily attendance to the systems described in Subsection |
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(c)(1) for a period of five years; |
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(2) evaluates relevant academic research regarding |
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the connection between attendance and academic success, and methods |
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and their cost to improve attendance in chronically absent |
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populations; and |
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(3) make recommendations regarding: |
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(A) methods for transitioning away from |
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utilizing average daily attendance as a system of funding |
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distribution to using a system that is dependent on both student |
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enrollment and student attendance in a manner that offers funding |
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stability; |
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(B) phasing in a new approach under Subsection |
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(c)(1) in a manner that would lessen the overall cost burden to the |
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state; and |
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(C) appropriate ways to consider enrollment when |
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determining entitlement calculations, including establishing |
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average daily membership as a calculation model; |
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(f) The commissioner of education may partner with school |
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districts, open-enrollment charter schools, or other appropriate |
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entities for assistance and to obtain information necessary to |
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conduct the study. A state agency, school district, or |
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open-enrollment charter school shall assist the commissioner of |
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education if the commissioner of education requests information or |
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assistance in conducting the study. |
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(g) Not later than December 1, 2022, the commissioner of |
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education shall submit to the governor, lieutenant governor, |
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members of the texas senate, speaker of the house of |
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representatives and members of the Texas house of representatives |
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the report prepared under Subsection (e) of this section. |
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SECTION 2. This Act expires September 1, 2023. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |