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A BILL TO BE ENTITLED
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AN ACT
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relating to the compensation of public school educators and to the |
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public school finance system, including enrollment-based funding |
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for certain allotments under the Foundation School Program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. CHANGES EFFECTIVE FOR 2023-2024 SCHOOL YEAR |
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SECTION 1.01. Section 19.009(d-2), Education Code, is |
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amended to read as follows: |
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(d-2) Beginning with the 2009-2010 school year, the |
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district shall increase the [monthly] salary of each classroom |
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teacher, full-time speech pathologist, full-time librarian, |
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full-time school counselor certified under Subchapter B, Chapter |
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21, and full-time school nurse employed by the district by the |
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greater of: |
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(1) $80 per month; or |
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(2) the maximum uniform amount per month that, when |
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combined with any resulting increases in the amount of |
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contributions made by the district for social security coverage for |
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the specified employees or by the district on behalf of the |
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specified employees under Section 825.405, Government Code, may be |
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provided using an amount equal to the product of $60 multiplied by |
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the number of students in weighted average daily attendance in the |
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district during the 2009-2010 school year. |
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SECTION 1.02. Section 21.402, Education Code, is amended by |
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amending Subsections (a) and (g) and adding Subsections (a-1), |
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(c-2), (i), (j), (k), and (l) to read as follows: |
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(a) Except as provided by Subsection (c-2) [(e-1) or (f)], a |
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school district must pay each employee who is employed as a |
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classroom teacher, full-time librarian, full-time school counselor |
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certified under Subchapter B, or full-time school nurse not less |
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than the highest annual minimum [minimum monthly] salary described |
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by the following schedule applicable to [, based on] the employee's |
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certification, if any, and years [level] of experience: |
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(1) for an employee with less than five years of |
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experience who holds: |
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(A) no certification $35,000; |
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(B) a teacher intern, teacher trainee, or |
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probationary certificate issued under Subchapter B $37,000; |
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(C) the base certificate required under Section |
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21.003(a) for employment in the employee's position other than a |
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certificate described by Paragraph (B) $40,000; or |
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(D) any certificate described under this |
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subsection and a designation under Section 21.3521 $43,000; |
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(2) for an employee with at least five years of |
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experience who holds: |
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(A) no certification $45,000; |
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(B) a teacher intern, teacher trainee, or |
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probationary certificate issued under Subchapter B $47,000; |
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(C) the base certificate required under Section |
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21.003(a) for employment in the employee's position other than a |
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certificate described by Paragraph (B) $50,000; or |
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(D) any certificate described under this |
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subsection and a designation under Section 21.3521 $53,000; or |
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(3) for an employee with at least 10 years of |
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experience who holds: |
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(A) no certification $55,000; |
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(B) a teacher intern, teacher trainee, or |
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probationary certificate issued under Subchapter B $57,000; |
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(C) the base certificate required under Section |
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21.003(a) for employment in the employee's position $60,000; or |
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(D) any certificate described under this |
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subsection and a designation under Section 21.3521 $63,000 |
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[in addition to other factors, as determined by commissioner rule, |
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determined by the following formula: |
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[MS = SF x FS |
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[where: |
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["MS" is the minimum monthly salary; |
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["SF" is the applicable salary factor specified by Subsection |
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(c); and |
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["FS" is the amount, as determined by the commissioner under |
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Subsection (b), of the basic allotment as provided by Section |
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48.051(a) or (b) for a school district with a maintenance and |
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operations tax rate at least equal to the state maximum compressed |
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tax rate, as defined by Section 48.051(a)]. |
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(a-1) For purposes of Subsection (a), a full-time school |
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nurse is considered to hold the base certificate required under |
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Section 21.003(a) for employment as a school nurse, regardless of |
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the other certifications held by the nurse. |
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(c-2) A school district is not required to pay an employee |
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who is employed as a classroom teacher, full-time librarian, |
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full-time school counselor certified under Subchapter B, or |
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full-time school nurse the minimum salary required under |
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Subsection (a) for the school year following a school year during |
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which the district reviews the employee's performance and finds |
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the employee's performance unsatisfactory. |
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(g) The commissioner may adopt rules to govern the |
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application of this section, including rules that: |
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(1) require the payment of a minimum salary under this |
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section to a person employed in more than one capacity for which a |
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minimum salary is provided and whose combined employment in those |
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capacities constitutes full-time employment; and |
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(2) specify the credentials a person must hold to be |
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considered a [speech pathologist or] school nurse under this |
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section. |
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(i) A school district must use at least 50 percent of the |
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difference between what the district would have paid under Section |
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825.405, Government Code, based on the salaries paid under this |
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section as it existed on January 1, 2023, and what the district |
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pays under Section 825.405, Government Code, based on the salaries |
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paid under this section as it exists after September 1, 2023, to |
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increase the average total compensation per district employee |
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employed as a classroom teacher, full-time librarian, full-time |
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school counselor certified under Subchapter B, or full-time school |
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nurse. In calculating average total compensation per district |
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employee under this subsection, a district may not include |
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compensation paid to a classroom teacher, full-time librarian, |
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full-time school counselor certified under Subchapter B, or |
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full-time school nurse in a position added by the school district |
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for the current school year that increases the ratio of those |
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employees to enrolled students over the ratio of those employees to |
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enrolled students for the preceding year. |
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(j) A school district that increases employee compensation |
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in the 2023-2024 school year to comply with Subsection (a), as |
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amended by __.B. ____, Acts of the 88th Legislature, Regular |
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Session, 2023, is providing compensation for services rendered |
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independently of an existing employment contract applicable to |
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that year and is not in violation of Section 53, Article III, Texas |
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Constitution. A school district that does not meet the |
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requirements of Subsection (a) in the 2023-2024 school year may |
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satisfy the requirements of this section by providing an employee a |
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one-time bonus payment during the 2024-2025 school year in an |
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amount equal to the difference between the compensation earned by |
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the employee during the 2023-2024 school year and the compensation |
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the employee should have received during that school year if the |
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district had complied with Subsection (a). |
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(k) Notwithstanding the minimum salary schedule under |
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Subsection (a), a school district that increases the amount a |
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classroom teacher, full-time librarian, full-time school counselor |
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certified under Subchapter B, or full-time school nurse is |
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compensated during the 2023-2024 school year by at least $8,000 |
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more than the amount the employee was compensated during the |
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2022-2023 school year complies with the requirements of this |
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section for the 2023-2024 school year. |
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(l) Subsections (i), (j), and (k) and this subsection expire |
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September 1, 2025. |
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SECTION 1.03. The heading to Section 21.403, Education |
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Code, is amended to read as follows: |
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Sec. 21.403. DETERMINATION OF YEARS OF EXPERIENCE |
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[PLACEMENT ON MINIMUM SALARY SCHEDULE]. |
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SECTION 1.04. Sections 21.403(b) and (c), Education Code, |
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are amended to read as follows: |
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(b) For each year of work experience required for |
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certification in a career or technological field, up to a maximum of |
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two years, a certified career or technology education teacher is |
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entitled to [salary step] credit as if the work experience were |
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teaching experience. |
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(c) The commissioner shall adopt rules for determining the |
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experience for which a teacher, librarian, school counselor, or |
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nurse is to be given credit for purposes of the minimum salary |
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schedule under Section 21.402(a) [in placing the teacher, |
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librarian, school counselor, or nurse on the minimum salary |
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schedule]. A district shall credit the teacher, librarian, school |
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counselor, or nurse for each year of experience without regard to |
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whether the years are consecutive. |
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SECTION 1.05. Section 21.4552(d), Education Code, is |
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amended to read as follows: |
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(d) From funds appropriated for that purpose, a teacher who |
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attends a literacy achievement academy is entitled to receive a |
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stipend in the amount determined by the commissioner. A stipend |
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received under this subsection is not considered in determining |
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whether a school district is paying the teacher the minimum |
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[monthly] salary under Section 21.402. |
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SECTION 1.06. Section 21.4553(d), Education Code, is |
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amended to read as follows: |
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(d) From funds appropriated for that purpose, a teacher who |
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attends a mathematics achievement academy is entitled to receive a |
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stipend in the amount determined by the commissioner. A stipend |
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received under this subsection is not considered in determining |
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whether a district is paying the teacher the minimum [monthly] |
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salary under Section 21.402. |
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SECTION 1.07. Section 21.4555(f), Education Code, is |
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amended to read as follows: |
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(f) From funds available for that purpose, a teacher who |
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attends a civics training program may receive a stipend in an amount |
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determined by the commissioner. A stipend received under this |
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section is not included in determining whether a district is paying |
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the teacher the minimum [monthly] salary under Section 21.402. |
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SECTION 1.08. Section 30.102(b), Education Code, is amended |
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to read as follows: |
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(b) A classroom teacher, full-time librarian, full-time |
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school counselor certified under Subchapter B, Chapter 21, or |
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full-time school nurse employed by the department is entitled to |
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receive as a minimum salary the [monthly] salary specified by |
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Section 21.402. A classroom teacher, full-time librarian, |
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full-time school counselor, or full-time school nurse may be paid, |
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from funds appropriated to the department, a salary in excess of the |
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minimum specified by that section, but the salary may not exceed the |
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rate of pay for a similar position in the public schools of an |
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adjacent school district. |
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SECTION 1.09. Section 33.009(h), Education Code, is amended |
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to read as follows: |
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(h) From funds appropriated for that purpose, a school |
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counselor who attends the academy under this section is entitled to |
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receive a stipend in the amount determined by the coordinating |
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board. If funds are available after all eligible school counselors |
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have received a stipend under this subsection, the coordinating |
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board shall pay a stipend in the amount determined by the |
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coordinating board to a teacher who attends the academy under this |
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section. A stipend received under this subsection is not |
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considered in determining whether a district is paying the school |
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counselor or teacher the minimum [monthly] salary under Section |
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21.402. |
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SECTION 1.10. Subchapter A, Chapter 48, Education Code, is |
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amended by adding Section 48.0055 to read as follows: |
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Sec. 48.0055. ENROLLMENT-BASED FUNDING. The commissioner |
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by rule shall establish the method for determining average |
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enrollment for purposes of funding provided based on average |
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enrollment under Chapter 46 and this chapter. |
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SECTION 1.11. Section 48.051, Education Code, is amended by |
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amending Subsections (a) and (c) and adding Subsections (c-3) and |
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(c-4) to read as follows: |
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(a) For each student in average daily attendance, not |
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including the time students spend each day in special education |
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programs in an instructional arrangement other than mainstream or |
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career and technology education programs, for which an additional |
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allotment is made under Subchapter C, a district is entitled to an |
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allotment equal to [the lesser of $6,160 or] the amount that results |
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from the following formula: |
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A = B [$6,160] X TR/MCR |
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where: |
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"A" is the allotment to which a district is entitled; |
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"B" is the base amount, which equals the greater of: |
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(1) $6,210; |
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(2) an amount equal to the district's base amount under |
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this section for the preceding school year; or |
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(3) the amount appropriated under Subsection (b); |
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"TR" is the district's tier one maintenance and operations |
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tax rate, as provided by Section 45.0032; and |
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"MCR" is the district's maximum compressed tax rate, as |
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determined under Section 48.2551. |
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(c) During any school year for which the value of "A" |
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determined [maximum amount of the basic allotment provided] under |
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Subsection (a) [or (b)] is greater than the value of "A" [maximum |
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amount provided] for the preceding school year, a school district |
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must use at least 50 [30] percent of the amount[, if the amount is |
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greater than zero,] that equals the product of the average daily |
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attendance of the district multiplied by the difference in the |
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value of "A" [amount of the difference between the district's |
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funding under this chapter per student in average daily attendance] |
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for the current school year and the value of "A" for the preceding |
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school year to increase the average total compensation per employee |
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employed by the district as [provide compensation increases to |
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full-time district employees other than administrators as follows: |
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[(1) 75 percent must be used to increase the |
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compensation paid to] classroom teachers, full-time librarians, |
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full-time school counselors certified under Subchapter B, Chapter |
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21, and full-time school nurses [, prioritizing differentiated |
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compensation for classroom teachers with more than five years of |
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experience; and |
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[(2) 25 percent may be used as determined by the |
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district to increase compensation paid to full-time district |
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employees]. In calculating average total compensation per employee |
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under this subsection, a school district may not consider |
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compensation paid to a district employee employed in a position |
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described by this subsection added by the school district for the |
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current school year that increases the ratio of those employees to |
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the students enrolled in the district compared to the preceding |
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school year. |
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(c-3) If a school district increases employee compensation |
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in a school year to comply with Subsection (c), as amended by __.B. |
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____, Acts of the 88th Legislature, Regular Session, 2023, the |
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district is providing compensation for services rendered |
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independently of an existing employment contract applicable to |
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that year and is not a violation of Section 53, Article III, Texas |
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Constitution. |
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(c-4) A school district that does not meet the requirements |
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of Subsection (c) during a school year may satisfy the requirements |
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of this section by providing an employee a one-time bonus payment |
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during the following school year in an amount equal to the |
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difference between the compensation earned by the employee and the |
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compensation the employee should have received during the school |
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year if the district had complied with Subsection (c). |
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SECTION 1.12. Section 48.101, Education Code, is amended to |
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read as follows: |
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Sec. 48.101. SMALL AND MID-SIZED DISTRICT ALLOTMENT. (a) |
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Small and mid-sized districts are entitled to an annual allotment |
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in accordance with this section. In this section: |
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(1) "AA" is the district's annual allotment per |
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student in average enrollment [daily attendance]; |
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(2) "AE" ["ADA"] is the number of students in average |
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enrollment [daily attendance for which the district is entitled to |
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an allotment under Section 48.051]; and |
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(3) "BA" is the basic allotment determined for a |
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student in average daily attendance under Section 48.051. |
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(b) A school district that has fewer than 1,600 students in |
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average enrollment [daily attendance] is entitled to an annual |
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allotment for each student in average enrollment [daily attendance] |
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based on the following formula: |
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AA = ((1,600 - AE [ADA]) X __________[.0004]) X BA |
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(c) A school district that offers a kindergarten through |
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grade 12 program and has fewer [less] than 5,000 students in average |
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enrollment [daily attendance] is entitled to an annual allotment |
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for each student in average enrollment [daily attendance] based on |
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the formula, of the following formulas, that results in the |
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greatest annual allotment: |
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(1) the formula in Subsection (b), if the district is |
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eligible for that formula; or |
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(2) AA = ((5,000 - AE [ADA]) X __________[.000025]) X |
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BA. |
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(d) Instead of the allotment under Subsection (b) or (c)(1), |
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a school district that has fewer than 300 students in average |
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enrollment [daily attendance] and is the only school district |
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located in and operating in a county is entitled to an annual |
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allotment for each student in average enrollment [daily attendance] |
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based on the following formula: |
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AA = ((1,600 - AE [ADA]) X __________[.00047]) X BA |
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SECTION 1.13. Section 48.151(c), Education Code, is amended |
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to read as follows: |
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(c) Each district or county operating a regular |
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transportation system is entitled to an allotment based on a rate of |
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$1.54 per mile per regular eligible student or a greater rate set by |
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the legislature in the General Appropriations Act. |
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SECTION 1.14. Subchapter D, Chapter 48, Education Code, is |
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amended by adding Section 48.160 to read as follows: |
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Sec. 48.160. ALLOTMENT FOR ADVANCED MATHEMATICS PATHWAYS |
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AND CERTAIN PROGRAMS OF STUDY. (a) A school district is eligible |
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to receive an allotment under this section if the district offers |
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through in-person instruction, remote instruction, or a hybrid of |
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in-person and remote instruction: |
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(1) an advanced mathematics pathway that begins with |
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Algebra I in grade eight and continues through progressively more |
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advanced mathematics courses in each grade from grade 9 through 12; |
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(2) a program of study in: |
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(A) computer programming and software |
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development; or |
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(B) cybersecurity; and |
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(3) a program of study in a specialized skilled trade, |
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such as: |
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(A) plumbing and pipefitting; |
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(B) electrical; |
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(C) welding; |
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(D) diesel and heavy equipment; |
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(E) aviation maintenance; or |
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(F) applied agricultural engineering. |
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(b) Notwithstanding Subsection (a), a school district is |
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eligible for the allotment under this section for students enrolled |
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in a high school in the district that does not offer a program of |
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study described by Subsection (a)(2) or (3) if: |
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(1) high school students who reside in the attendance |
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zone of the high school may participate in the program of study by |
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enrolling in another high school: |
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(A) that: |
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(i) is in the same district or a neighboring |
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school district; |
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(ii) was assigned the same or a better |
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campus overall performance rating under Section 39.054 as the high |
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school in whose attendance zone the students reside; and |
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(iii) offers the program of study; and |
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(B) to and from which transportation is provided |
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for those students; or |
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(2) students enrolled in the high school: |
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(A) are offered instruction for the program of |
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study at another location, such as another high school in the same |
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district or a neighboring school district; and |
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(B) receive transportation to and from the |
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location described by Paragraph (A). |
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(c) An eligible school district is entitled to an annual |
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allotment of $10 for each student enrolled at a high school in the |
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district that offers a pathway or program of study from each |
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subdivision described by Subsection (a) if: |
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(1) each student enrolled at the high school takes a |
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progressively more advanced mathematics course each year of |
|
enrollment; and |
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(2) for each of those pathways or programs of study, at |
|
least one student enrolled at the high school completes a course in |
|
the pathway or program of study. |
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(d) A school district that receives an allotment under |
|
Subsection (c) and Section 48.101 is entitled to receive an |
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additional allotment in an amount equal to the product of 0.1 and |
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the allotment to which the district is entitled under Section |
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48.101 for each student for which the district receives an |
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allotment under Subsection (c). An open-enrollment charter school |
|
is not eligible for an allotment under this subsection. |
|
(e) The commissioner by rule may establish requirements to |
|
ensure students enrolled in a high school to which Subsection (b) |
|
applies have meaningful access to the programs of study described |
|
by Subsections (a)(2) and (3). |
|
(f) The agency may reduce the amount of a school district's |
|
allotment under this section if the agency determines that the |
|
district has not complied with any provision of this section. |
|
SECTION 1.15. Sections 48.277(d) and (e), Education Code, |
|
are amended to read as follows: |
|
(d) A school district or open-enrollment charter school is |
|
not entitled to an allotment under Subsection (a) beginning with |
|
the 2029-2030 [2024-2025] school year. |
|
(e) This section expires September 1, 2030 [2025]. |
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SECTION 1.16. Subchapter F, Chapter 48, Education Code, is |
|
amended by adding Section 48.280 to read as follows: |
|
Sec. 48.280. SALARY TRANSITION ALLOTMENT. (a) In the |
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2023-2024 and 2024-2025 school years, a school district is entitled |
|
to receive an annual salary transition allotment equal to the |
|
difference, if that amount is greater than zero, between: |
|
(1) the amount calculated under Subsection (b); and |
|
(2) the amount calculated under Subsection (c). |
|
(b) The agency shall calculate a school district's value for |
|
Subsection (a)(1) by determining the difference in the amount the |
|
district must pay in compensation to employees on the minimum |
|
salary schedule under Section 21.402, as amended by __.B. ____, |
|
Acts of the 88th Legislature, Regular Session, 2023, from the |
|
amount paid in compensation to employees on the minimum salary |
|
schedule under that section as effective in the 2022-2023 school |
|
year, less the difference between: |
|
(1) the amount of employer contributions under Section |
|
825.4035, Government Code, and Section 1575.203, Insurance Code, |
|
the district paid in the 2022-2023 school year for employees on the |
|
minimum salary schedule under Section 21.402; and |
|
(2) the amount the district would have paid in |
|
employer contributions under Section 825.4035, Government Code, |
|
and Section 1575.203, Insurance Code, in the 2022-2023 school year |
|
for employees on the minimum salary schedule if the changes made to |
|
Section 21.402 by __.B. ____, Acts of the 88th Legislature, Regular |
|
Session, 2023, had been in effect. |
|
(c) The agency shall calculate a school district's value for |
|
Subsection (a)(2) by determining the total maintenance and |
|
operations revenue for the current school year less the total |
|
maintenance and operations revenue that would have been available |
|
to the district using the basic allotment formula provided by |
|
Section 48.051 and the small and mid-sized allotment formulas |
|
provided by Section 48.101 as those sections existed on January 1, |
|
2023. |
|
(d) Before making a final determination of the amount of an |
|
allotment to which a school district is entitled under this |
|
section, the agency shall ensure each school district has an |
|
opportunity to review and submit revised information to the agency |
|
for purposes of calculating the values under Subsection (a). |
|
(e) A school district is entitled to an allotment in an |
|
amount equal to: |
|
(1) for the 2026-2027 school year, two-thirds of the |
|
value determined under Subsection (a); and |
|
(2) for the 2027-2028 school year, one-third of the |
|
value determined under Subsection (a). |
|
(f) A school district is not entitled to an allotment under |
|
this section in the 2028-2029 school year or a later school year. |
|
(g) This section expires September 1, 2029. |
|
SECTION 1.17. The following provisions of the Education |
|
Code are repealed: |
|
(1) Sections 21.402(b), (c), (c-1), (f), and (h); and |
|
(2) Sections 21.403(a) and (d). |
|
SECTION 1.18. (a) Except as provided by Subsection (b) of |
|
this section, this article takes effect immediately if this Act |
|
receives a vote of two-thirds of all the members elected to each |
|
house, as provided by Section 39, Article III, Texas Constitution. |
|
If this Act does not receive the vote necessary for immediate |
|
effect, the entirety of this article takes effect September 1, |
|
2023. |
|
(b) Sections 48.051, 48.101, 48.151(c), and 48.277(d) and |
|
(e), Education Code, as amended by this article, and Sections |
|
48.0055, 48.160, and 48.280, Education Code, as added by this |
|
article, take effect September 1, 2023. |
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ARTICLE 2. CHANGES EFFECTIVE FOR 2024-2025 SCHOOL YEAR |
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SECTION 2.01. Section 46.003(a), Education Code, is amended |
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to read as follows: |
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(a) For each year, except as provided by Sections 46.005 and |
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46.006, a school district is guaranteed a specified amount per |
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student in state and local funds for each cent of tax effort, up to |
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the maximum rate under Subsection (b), to pay the principal of and |
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interest on eligible bonds issued to construct, acquire, renovate, |
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or improve an instructional facility. The amount of state support |
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is determined by the formula: |
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FYA = (FYL X AE [ADA] X BTR X 100) - (BTR X (DPV/100)) |
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where: |
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"FYA" is the guaranteed facilities yield amount of state |
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funds allocated to the district for the year; |
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"FYL" is the dollar amount guaranteed level of state and |
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local funds per student per cent of tax effort, which is $35 or a |
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greater amount for any year provided by appropriation; |
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"AE" ["ADA"] is the greater of the number of students in |
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average enrollment [daily attendance], as determined under Section |
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48.0055 [48.005], in the district or 400; |
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"BTR" is the district's bond tax rate for the current year, |
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which is determined by dividing the amount budgeted by the district |
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for payment of eligible bonds by the quotient of the district's |
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taxable value of property as determined under Subchapter M, Chapter |
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403, Government Code, or, if applicable, Section 48.258, divided by |
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100; and |
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"DPV" is the district's taxable value of property as |
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determined under Subchapter M, Chapter 403, Government Code, or, if |
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applicable, Section 48.258. |
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SECTION 2.02. Section 46.005, Education Code, is amended to |
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read as follows: |
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Sec. 46.005. LIMITATION ON GUARANTEED AMOUNT. The |
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guaranteed amount of state and local funds for a new project that a |
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district may be awarded in any state fiscal biennium under Section |
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46.003 for a school district may not exceed the lesser of: |
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(1) the amount the actual debt service payments the |
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district makes in the biennium in which the bonds are issued; or |
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(2) the greater of: |
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(A) $100,000; or |
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(B) the product of the number of students in |
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average enrollment [daily attendance] in the district multiplied by |
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$250. |
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SECTION 2.03. Section 46.006(g), Education Code, is amended |
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to read as follows: |
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(g) In this section, "wealth per student" means a school |
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district's taxable value of property as determined under Subchapter |
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M, Chapter 403, Government Code, or, if applicable, Section 48.258, |
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divided by the district's average enrollment [daily attendance] as |
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determined under Section 48.0055 [48.005]. |
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SECTION 2.04. Section 46.032(a), Education Code, is amended |
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to read as follows: |
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(a) Each school district is guaranteed a specified amount |
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per student in state and local funds for each cent of tax effort to |
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pay the principal of and interest on eligible bonds. The amount of |
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state support, subject only to the maximum amount under Section |
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46.034, is determined by the formula: |
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EDA = (EDGL X AE [ADA] X EDTR X 100) - (EDTR X (DPV/100)) |
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where: |
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"EDA" is the amount of state funds to be allocated to the |
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district for assistance with existing debt; |
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"EDGL" is the dollar amount guaranteed level of state and |
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local funds per student per cent of tax effort, which is the lesser |
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of: |
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(1) $40 or a greater amount for any year provided by |
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appropriation; or |
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(2) the amount that would result in a total additional |
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amount of state funds under this subchapter for the current year |
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equal to $60 million in excess of the state funds to which school |
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districts would have been entitled under this section if the |
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guaranteed level amount were $35; |
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"AE" ["ADA"] is the number of students in average enrollment |
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[daily attendance], as determined under Section 48.0055 [48.005], |
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in the district; |
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"EDTR" is the existing debt tax rate of the district, which is |
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determined by dividing the amount budgeted by the district for |
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payment of eligible bonds by the quotient of the district's taxable |
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value of property as determined under Subchapter M, Chapter 403, |
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Government Code, or, if applicable, under Section 48.258, divided |
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by 100; and |
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"DPV" is the district's taxable value of property as |
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determined under Subchapter M, Chapter 403, Government Code, or, if |
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applicable, under Section 48.258. |
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SECTION 2.05. Section 48.051(a), Education Code, is amended |
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to read as follows: |
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(a) For each student in average daily attendance, not |
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including the time students spend each day in special education |
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programs in an instructional arrangement other than mainstream [or |
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career and technology education programs], for which an additional |
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allotment is made under Subchapter C, a district is entitled to an |
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allotment equal to [the lesser of $6,160 or] the amount that results |
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from the following formula: |
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A = B [$6,160] X TR/MCR |
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where: |
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"A" is the allotment to which a district is entitled; |
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"B" is the base amount, which equals the greater of: |
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(1) $6,210; |
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(2) an amount equal to the district's base amount under |
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this section for the preceding school year; or |
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(3) the amount appropriated under Subsection (b); |
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"TR" is the district's tier one maintenance and operations |
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tax rate, as provided by Section 45.0032; and |
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"MCR" is the district's maximum compressed tax rate, as |
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determined under Section 48.2551. |
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SECTION 2.06. Sections 48.104(a), (d), and (e), Education |
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Code, are amended to read as follows: |
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(a) For each student who does not have a disability and |
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resides in a residential placement facility in a district in which |
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the student's parent or legal guardian does not reside, a district |
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is entitled to an annual allotment equal to the basic allotment |
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multiplied by 0.2 or, if the student is educationally |
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disadvantaged, 0.2755 [0.275]. For each full-time equivalent |
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student who is in a remedial and support program under Section |
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29.081 because the student is pregnant, a district is entitled to an |
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annual allotment equal to the basic allotment multiplied by 2.41. |
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(d) The weights assigned to the five tiers of the index |
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established under Subsection (c) are, from least to most severe |
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economic disadvantage, 0.2255 [0.225], 0.238 [0.2375], 0.2505 |
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[0.25], 0.263 [0.2625], and 0.2755 [0.275]. |
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(e) If insufficient data is available for any school year to |
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evaluate the level of economic disadvantage in a census block |
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group, a school district is entitled to an annual allotment equal to |
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the basic allotment multiplied by 0.2255 [0.225] for each student |
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who is educationally disadvantaged and resides in that census block |
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group. |
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SECTION 2.07. Section 48.105(a), Education Code, is amended |
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to read as follows: |
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(a) For each student in average enrollment [daily |
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attendance] in a bilingual education or special language program |
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under Subchapter B, Chapter 29, a district is entitled to an annual |
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allotment equal to the basic allotment multiplied by: |
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(1) for an emergent bilingual student, as defined by |
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Section 29.052: |
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(A) 0.1; or |
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(B) 0.15 if the student is in a bilingual |
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education program using a dual language immersion/one-way or |
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two-way program model; and |
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(2) for a student not described by Subdivision (1), |
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0.05 if the student is in a bilingual education program using a dual |
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language immersion/two-way program model. |
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SECTION 2.08. Sections 48.106(a) and (a-1), Education Code, |
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are amended to read as follows: |
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(a) For each [full-time equivalent] student in average |
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enrollment [daily attendance] in an approved career and technology |
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education program in grades 7 through 12, a district is entitled to |
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an annual allotment equal to the basic allotment[,] or, if |
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applicable, the sum of the basic allotment and the allotment under |
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Section 48.101 to which the district is entitled, multiplied by: |
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(1) ____ [1.1] for a [full-time equivalent] student in |
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career and technology education courses not in an approved program |
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of study; |
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(2) ____ [1.28] for a [full-time equivalent] student |
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in levels one and two career and technology education courses in an |
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approved program of study, as identified by the agency; and |
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(3) ____ [1.47] for a [full-time equivalent] student |
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in levels three and four career and technology education courses in |
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an approved program of study, as identified by the agency. |
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(a-1) In addition to the amounts under Subsection (a), for |
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each student in average enrollment [daily attendance], a district |
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is entitled to $50 for each of the following in which the student is |
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enrolled: |
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(1) a campus designated as a P-TECH school under |
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Section 29.556; or |
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(2) a campus that is a member of the New Tech Network |
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and that focuses on project-based learning and work-based |
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education. |
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SECTION 2.09. Section 48.107(a), Education Code, is amended |
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to read as follows: |
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(a) Except as provided by Subsection (b), for each student |
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in average enrollment [daily attendance] who is using a public |
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education grant under Subchapter G, Chapter 29, to attend school in |
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a district other than the district in which the student resides, the |
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district in which the student attends school is entitled to an |
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annual allotment equal to the basic allotment multiplied by a |
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weight of 0.1. |
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SECTION 2.10. Section 48.108(a), Education Code, is amended |
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to read as follows: |
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(a) For each student in average enrollment [daily |
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attendance] in kindergarten through third grade, a school district |
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is entitled to an annual allotment equal to the basic allotment |
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multiplied by 0.1 if the student is: |
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(1) educationally disadvantaged; or |
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(2) an emergent bilingual student, as defined by |
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Section 29.052, and is in a bilingual education or special language |
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program under Subchapter B, Chapter 29. |
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SECTION 2.11. Section 48.109(c), Education Code, is amended |
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to read as follows: |
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(c) Not more than five percent of a district's students in |
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average enrollment [daily attendance] are eligible for funding |
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under this section. |
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SECTION 2.12. Section 48.153, Education Code, is amended to |
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read as follows: |
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Sec. 48.153. DROPOUT RECOVERY SCHOOL AND RESIDENTIAL |
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PLACEMENT FACILITY ALLOTMENT. A school district or open-enrollment |
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charter school is entitled to $275 for each student in average |
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enrollment [daily attendance] who: |
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(1) resides in a residential placement facility; or |
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(2) is at a district or school or a campus of the |
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district or school that is designated as a dropout recovery school |
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under Section 39.0548. |
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SECTION 2.13. Section 48.106(b)(2), Education Code, is |
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repealed. |
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SECTION 2.14. This article takes effect September 1, 2024. |