87R12368 KJE-D
 
  By: Dutton H.B. No. 3876
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the permissible uses of the compensatory education
  allotment under the Foundation School Program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 48.104, Education Code, is amended by
  amending Subsections (k) and (l) and adding Subsection (k-1) to
  read as follows:
         (k)  Subject to Subsection (k-1), at [At] least 55 percent of
  the funds allocated under this section must be used to:
               (1)  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:
                     (A)  students who are educationally disadvantaged
  and students who are not educationally disadvantaged; and
                     (B)  students at risk of dropping out of school,
  as defined by Section 29.081, and all other students; or
               (2)  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.
         (k-1)  A school district may not use more than 40 percent of
  the funds allocated to the district under this section to pay for:
               (1)  teacher salaries;
               (2)  supplemental staff expenses;
               (3)  additional staff; or
               (4)  smaller class size.
         (l)  The commissioner shall adopt rules regarding the use of
  funds allocated under this section as provided [described] by
  Subsections [Subsection] (k) and (k-1). The rules:
               (1)  must:
                     (A)  permit a school district to use those funds
  for programs and services that reflect the needs of students at each
  campus in the district; and
                     (B)  provide for streamlined reporting on the use
  of those funds; and
               (2)  may not prohibit the use of those funds for any
  purpose for which the use of those funds was authorized under former
  Section 42.152 as that section existed on September 1, 2018.
         SECTION 2.  This Act takes effect September 1, 2021.