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