87R19812 MEW-F
 
  By: Dutton H.B. No. 4465
 
  Substitute the following for H.B. No. 4465:
 
  By:  Dutton C.S.H.B. No. 4465
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to grants and federal disaster relief funds available to
  school districts, open-enrollment charter schools, and regional
  education service centers to provide services to students after a
  disaster in the state of Texas.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter Z, Chapter 29, Education Code, is
  amended by adding Sections 29.926 and 29.927 to read as follows:
         Sec. 29.926.  GRANT PROGRAM REGARDING DISASTERS IMPACTING
  STUDENT INSTRUCTION. (a) From funds available for purposes of this
  section and reserved for the state for administrative purposes
  under Section 313, Coronavirus Response and Relief Supplemental
  Appropriations Act, 2021 (Div. M, Pub. L. No. 116-260, 134 Stat.
  1182 (2020), reprinted in note, 20 U.S.C. Section 3401), or the
  American Rescue Plan Act of 2021 (Pub. L. No. 117-2), the
  commissioner shall establish a grant program to assist school
  districts, open-enrollment charter schools, and regional education
  service centers in overcoming the educational impact occurring as a
  result of a state of disaster as declared by the governor under
  Chapter 418, Government Code. The grant program may include:
               (1)  extending instructional time;
               (2)  broadband grants to ensure that students have
  access to remote instruction;
               (3)  innovation in curriculum and instruction;
               (4)  improvements in quality of air and water at school
  facilities; and
               (5)  accelerated learning.
         (b)  A broadband grant under Subsection (a)(2) may include a
  payment made by the agency, a contractor or subgrantee of the
  agency, a school district, or an open-enrollment charter school to:
               (1)  a provider of services or equipment for a student;
  or
               (2)  a student's parent to pay a provider of services or
  equipment for the student.
         (c)  The commissioner may determine the terms of a grant
  awarded under this section, including:
               (1)  limits on the grant amount awarded to a school
  district, open-enrollment charter school, or regional education
  service center; and 
               (2)  the approved use of grant funds.
         (d)  The agency may administer the grant program or contract
  with a regional education service center to administer the grant
  program.
         (e)  The commissioner may recover funds not used in
  accordance with the terms of a grant by withholding any state funds
  otherwise due to a school district, open-enrollment charter school,
  or regional education service center that is not complying with the
  terms of the grant.
         (f)  The commissioner may seek gifts, grants, and donations
  from any public or private sources, including the federal
  government, for providing grants under this section.
         (g)  A decision by the commissioner under this section is
  final and may not be appealed.
         (h)  The commissioner may adopt rules to implement this
  section.
         Sec. 29.927.  FEDERAL DISASTER RELIEF FUNDS; LOCAL PLAN FOR
  EXPENDITURE OF FUNDS. (a) In this section, "disaster relief funds"
  means federal funds that are:
               (1)  made available to the state under:
                     (A)  Section 313, Coronavirus Response and Relief
  Supplemental Appropriations Act, 2021 (Div. M, Pub. L. No. 116-260,
  134 Stat. 1182 (2020), reprinted in note, 20 U.S.C. Section 3401);
  or
                     (B)  the American Rescue Plan Act of 2021 (Pub. L.
  No. 117-2); and
               (2)  authorized or required to be allocated to local
  education agencies in the state.
         (b)  The state shall provide disaster relief funds to school
  districts and charter schools operating under Chapter 12 in
  accordance with the terms of the federal grant program under which
  the funds are received. A waiver of a maintenance of effort
  requirement or other provision of a federal grant requirement does
  not apply to this subsection.
         (c)  The board of trustees of a school district or the
  governing body of an open-enrollment charter school that receives
  disaster relief funds under Subsection (b) shall:
               (1)  for each school year during which the funds are
  permitted to be expended under the terms of the federal grant
  program under which the funds were received, adopt a local plan
  regarding the expenditure of the funds;
               (2)  not later than the beginning of the 2023-2024
  school year, ensure that students in need of remediation are
  identified and receiving appropriate services to perform at grade
  level;
               (3)  use the funds in accordance with all requirements
  established by:
                     (A)  the federal grant program under which the
  funds were received; or 
                     (B)  the United States Department of Education or
  other appropriate federal authority;
               (4)  adopt the local plan under Subdivision (1) at a
  public meeting at which the district or school considers any
  recommendations published by the commissioner regarding the use of
  the funds; and
               (5)  submit the district's or school's local plan to the
  agency and consider the agency's comments in adopting the
  district's or school's local plan for the following school year.
         (d)  A local plan adopted by a school district or
  open-enrollment charter school under Subsection (c)(1) must
  address:
               (1)  local needs for extending instructional time;
               (2)  measures to ensure access to remote instruction;
               (3)  innovation in curriculum and instruction;
               (4)  improvements in quality of air and water at school
  facilities; and
               (5)  accelerated learning.
         (e)  Funds provided to a school district or open-enrollment
  charter school under this section may not be used to provide a
  general increase in the district's or school's local salary
  schedule but may be used to provide additional compensation for
  staff providing, supporting, or supervising extended instructional
  time.
         (f)  The agency shall make publicly available on the agency's
  Internet website each local plan adopted by a school district or
  open-enrollment charter school under Subsection (c)(1).
         (g)  Nothing in this section may be construed to limit the
  authority of the commissioner or agency to audit or recover funds in
  accordance with federal law.
         (h)  This section expires September 1, 2025.
         SECTION 2.  This Act takes effect September 1, 2021.