Bill Text: TX HB100 | 2023-2024 | 88th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to public education and public school finance, including the rights, certification, and compensation of public school educators, contributions by a public school to the Teacher Retirement System of Texas, and an education savings account program for certain children.
Spectrum: Strong Partisan Bill (Republican 39-4)
Status: (Engrossed - Dead) 2023-05-26 - Senate appoints conferees-reported [HB100 Detail]
Download: Texas-2023-HB100-Engrossed.html
Bill Title: Relating to public education and public school finance, including the rights, certification, and compensation of public school educators, contributions by a public school to the Teacher Retirement System of Texas, and an education savings account program for certain children.
Spectrum: Strong Partisan Bill (Republican 39-4)
Status: (Engrossed - Dead) 2023-05-26 - Senate appoints conferees-reported [HB100 Detail]
Download: Texas-2023-HB100-Engrossed.html
By: King of Hemphill, VanDeaver, Dutton, | H.B. No. 100 | |
Howard, Buckley, et al. |
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relating to the compensation of public school educators and to the | ||
operation of public schools and the public school finance system, | ||
including enrollment-based funding for certain allotments under | ||
the Foundation School Program. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. CHANGES EFFECTIVE FOR 2023-2024 SCHOOL YEAR | ||
SECTION 1.01. Section 7.062(a), Education Code, is amended | ||
to read as follows: | ||
(a) In this section, "wealth per student" means a school | ||
district's taxable value of property as determined under Section | ||
48.013 [ |
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applicable, Section 48.258, divided by the district's average daily | ||
attendance as determined under Section 48.005. | ||
SECTION 1.02. Section 12.104(b), Education Code, as amended | ||
by Chapters 542 (S.B. 168), 887 (S.B. 1697), 915 (H.B. 3607), 974 | ||
(S.B. 2081), and 1046 (S.B. 1365), Acts of the 87th Legislature, | ||
Regular Session, 2021, is reenacted and amended to read as follows: | ||
(b) An open-enrollment charter school is subject to: | ||
(1) a provision of this title establishing a criminal | ||
offense; | ||
(2) the provisions in Chapter 554, Government Code; | ||
and | ||
(3) a prohibition, restriction, or requirement, as | ||
applicable, imposed by this title or a rule adopted under this | ||
title, relating to: | ||
(A) the Public Education Information Management | ||
System (PEIMS) to the extent necessary to monitor compliance with | ||
this subchapter as determined by the commissioner; | ||
(B) criminal history records under Subchapter C, | ||
Chapter 22; | ||
(C) reading instruments and accelerated reading | ||
instruction programs under Section 28.006; | ||
(D) accelerated instruction under Section | ||
28.0211; | ||
(E) high school graduation requirements under | ||
Section 28.025; | ||
(F) special education programs under Subchapter | ||
A, Chapter 29; | ||
(G) bilingual education under Subchapter B, | ||
Chapter 29; | ||
(H) prekindergarten programs under Subchapter E | ||
or E-1, Chapter 29, except class size limits for prekindergarten | ||
classes imposed under Section 25.112, which do not apply; | ||
(I) extracurricular activities under Section | ||
33.081; | ||
(J) discipline management practices or behavior | ||
management techniques under Section 37.0021; | ||
(K) health and safety under Chapter 38; | ||
(L) the provisions of Subchapter A, Chapter 39; | ||
(M) public school accountability and special | ||
investigations under Subchapters A, B, C, D, F, G, and J, Chapter | ||
39, and Chapter 39A; | ||
(N) the requirement under Section 21.006 to | ||
report an educator's misconduct; | ||
(O) intensive programs of instruction under | ||
Section 28.0213; | ||
(P) the right of a school employee to report a | ||
crime, as provided by Section 37.148; | ||
(Q) bullying prevention policies and procedures | ||
under Section 37.0832; | ||
(R) the right of a school under Section 37.0052 | ||
to place a student who has engaged in certain bullying behavior in a | ||
disciplinary alternative education program or to expel the student; | ||
(S) the right under Section 37.0151 to report to | ||
local law enforcement certain conduct constituting assault or | ||
harassment; | ||
(T) a parent's right to information regarding the | ||
provision of assistance for learning difficulties to the parent's | ||
child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d); | ||
(U) establishment of residency under Section | ||
25.001; | ||
(V) school safety requirements under Sections | ||
37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.1141, 37.115, | ||
37.207, and 37.2071; | ||
(W) the early childhood literacy and mathematics | ||
proficiency plans under Section 11.185; | ||
(X) the college, career, and military readiness | ||
plans under Section 11.186; [ |
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(Y) [ |
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under Section 28.02124; and | ||
(Z) establishing a local school health advisory | ||
council in which members are appointed by the governing body of the | ||
school and health education instruction complies with Section | ||
28.004. | ||
SECTION 1.03. Section 12.106(a-2), Education Code, is | ||
amended to read as follows: | ||
(a-2) In addition to the funding provided by Subsection (a), | ||
a charter holder is entitled to receive for the open-enrollment | ||
charter school an allotment per student in average daily attendance | ||
in an amount equal to the difference between: | ||
(1) the product of: | ||
(A) the quotient of: | ||
(i) the total amount of funding provided to | ||
eligible school districts under Section 48.101(b) or (c); and | ||
(ii) the total number of students in | ||
average daily attendance in school districts that receive an | ||
allotment under Section 48.101(b) or (c); and | ||
(B) the sum of one and the quotient of: | ||
(i) the total number of students in average | ||
daily attendance in school districts that receive an allotment | ||
under Section 48.101(b) or (c); and | ||
(ii) the total number of students in | ||
average daily attendance in school districts statewide; and | ||
(2) $600 [ |
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SECTION 1.04. Section 13.051(c), Education Code, is amended | ||
to read as follows: | ||
(c) Territory that does not have residents may be detached | ||
from a school district and annexed to another school district if: | ||
(1) the total taxable value of the property in the | ||
territory according to the most recent certified appraisal roll for | ||
each school district is not greater than: | ||
(A) five percent of the district's taxable value | ||
of all property in that district as determined under Section 48.013 | ||
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(B) $5,000 property value per student in average | ||
daily attendance as determined under Section 48.005; and | ||
(2) the school district from which the property will | ||
be detached does not own any real property located in the territory. | ||
SECTION 1.05. Section 13.054, Education Code, is amended by | ||
amending Subsection (f) and adding Subsections (i-1), (i-2), (i-3), | ||
(i-4), and (i-5) to read as follows: | ||
(f) For five years beginning with the school year in which | ||
the annexation occurs, a school district shall receive additional | ||
funding under this subsection or Subsection (h). The amount of | ||
funding shall be determined by multiplying the lesser of the | ||
enlarged district's local fund assignment computed under Section | ||
48.256 or the enlarged district's total cost of tier one by a | ||
fraction, the numerator of which is the number of students residing | ||
in the territory annexed to the receiving district preceding the | ||
date of the annexation and the denominator of which is the number of | ||
students residing in the district as enlarged on the date of the | ||
annexation, and multiplying the resulting product by the quotient | ||
of the enlarged district's maximum compressed tax rate, as | ||
determined under Section 48.2551, for the current school year | ||
divided by the receiving district's maximum compressed tax rate, as | ||
determined under Section 48.2551, for the year in which the | ||
annexation occurred. The commissioner shall provide the funding | ||
under this subsection from funds appropriated for purposes of the | ||
Foundation School Program. A determination by the commissioner | ||
under this subsection is final and may not be appealed. | ||
(i-1) Notwithstanding any other law, a school district is | ||
entitled to funding under Subsection (f) for an annexation that | ||
occurs on or after June 1, 2013. | ||
(i-2) For each school district entitled to funding under | ||
Subsection (f) as provided by Subsection (i-1) that, as of | ||
September 1, 2023, has not received the full amount of funding to | ||
which the district would have been entitled under Subsection (f) if | ||
Subsection (i-1) had been in effect since June 1, 2013, the | ||
commissioner shall: | ||
(1) determine the difference between: | ||
(A) the amount of funding to which the district | ||
would have been entitled under Subsection (f) if Subsection (i-1) | ||
had been in effect since June 1, 2013; and | ||
(B) the amount of funding the district has | ||
received under Subsection (f); and | ||
(2) provide the amount determined under Subdivision | ||
(1) to the district in the form of: | ||
(A) a lump sum; or | ||
(B) equal annual installments over a period not | ||
to exceed three years. | ||
(i-3) In addition to the funding provided to a school | ||
district under Subsection (i-2), the commissioner may allocate | ||
money to the district from funds appropriated for purposes of the | ||
Foundation School Program to pay for facilities improvements the | ||
commissioner determines necessary as a result of the annexation. | ||
(i-4) Each school district that receives funding under | ||
Subsection (f) as provided by Subsection (i-2) or under Subsection | ||
(i-3) for any year shall submit to the commissioner in the form and | ||
manner provided by commissioner rule a report on the district's use | ||
of the funding for that year. | ||
(i-5) This subsection and Subsections (i-2), (i-3), and | ||
(i-4) expire September 1, 2027. | ||
SECTION 1.06. Section 19.009(d-2), Education Code, is | ||
amended to read as follows: | ||
(d-2) Beginning with the 2009-2010 school year, the | ||
district shall increase the [ |
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teacher, full-time speech pathologist, full-time librarian, | ||
full-time school counselor certified under Subchapter B, Chapter | ||
21, and full-time school nurse employed by the district by the | ||
greater of: | ||
(1) $80 per month; or | ||
(2) the maximum uniform amount per month that, when | ||
combined with any resulting increases in the amount of | ||
contributions made by the district for social security coverage for | ||
the specified employees or by the district on behalf of the | ||
specified employees under Section 825.405, Government Code, may be | ||
provided using an amount equal to the product of $60 multiplied by | ||
the number of students in weighted average daily attendance in the | ||
district during the 2009-2010 school year. | ||
SECTION 1.07. (a) This section takes effect only if H.B. | ||
11, 88th Legislature, Regular Session, 2023, or another Act of that | ||
legislature establishing a residency partnership program and | ||
authorizing the issuance of a residency educator certificate | ||
becomes law. | ||
(b) Section 21.402(a), Education Code, is amended to read as | ||
follows: | ||
(a) A [ |
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school district must pay each employee who is employed as a | ||
classroom teacher, full-time librarian, full-time school counselor | ||
certified under Subchapter B, or full-time school nurse not less | ||
than the highest annual minimum [ |
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by the following schedule applicable to [ |
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certification, if any, and years [ |
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(1) for an employee with less than five years of | ||
experience who: | ||
(A) holds no certification $35,000; | ||
(B) holds a teacher intern, teacher trainee, or | ||
probationary certificate issued under Subchapter B $37,000; | ||
(C) holds the base certificate required under | ||
Section 21.003(a) for employment in the employee's position other | ||
than a certificate described by Paragraph (B) $40,000; | ||
(D) holds a designation under Section 21.3521 | ||
$43,000; or | ||
(E) holds a residency educator certificate or has | ||
successfully completed a residency partnership program $43,000; | ||
(2) for an employee with at least five years of | ||
experience who holds: | ||
(A) no certification $45,000; | ||
(B) a teacher intern, teacher trainee, or | ||
probationary certificate issued under Subchapter B $47,000; | ||
(C) the base certificate required under Section | ||
21.003(a) for employment in the employee's position other than a | ||
certificate described by Paragraph (B) $50,000; or | ||
(D) a designation under Section 21.3521 | ||
$53,000; or | ||
(3) for an employee with at least 10 years of | ||
experience who holds: | ||
(A) no certification $55,000; | ||
(B) a teacher intern, teacher trainee, or | ||
probationary certificate issued under Subchapter B $57,000; | ||
(C) the base certificate required under Section | ||
21.003(a) for employment in the employee's | ||
position . . .. $60,000; or | ||
(D) a designation under Section 21.3521 | ||
$63,000 [ |
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SECTION 1.08. (a) This section takes effect only if H.B. | ||
11, 88th Legislature, Regular Session, 2023, or another Act of that | ||
legislature establishing a residency partnership program and | ||
authorizing the issuance of a residency educator certificate does | ||
not become law. | ||
(b) Section 21.402(a), Education Code, is amended to read as | ||
follows: | ||
(a) A [ |
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school district must pay each employee who is employed as a | ||
classroom teacher, full-time librarian, full-time school counselor | ||
certified under Subchapter B, or full-time school nurse not less | ||
than the highest annual minimum [ |
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by the following schedule applicable to [ |
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certification, if any, and years [ |
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(1) for an employee with less than five years of | ||
experience who holds: | ||
(A) no certification $35,000; | ||
(B) a teacher intern, teacher trainee, or | ||
probationary certificate issued under Subchapter B $37,000; | ||
(C) the base certificate required under Section | ||
21.003(a) for employment in the employee's position other than a | ||
certificate described by Paragraph (B) $40,000; or | ||
(D) a designation under Section 21.3521 . . | ||
$43,000; | ||
(2) for an employee with at least five years of | ||
experience who holds: | ||
(A) no certification $45,000; | ||
(B) a teacher intern, teacher trainee, or | ||
probationary certificate issued under Subchapter B $47,000; | ||
(C) the base certificate required under Section | ||
21.003(a) for employment in the employee's position other than a | ||
certificate described by Paragraph (B) $50,000; or | ||
(D) a designation under Section 21.3521 | ||
$53,000; or | ||
(3) for an employee with at least 10 years of | ||
experience who holds: | ||
(A) no certification $55,000; | ||
(B) a teacher intern, teacher trainee, or | ||
probationary certificate issued under Subchapter B $57,000; | ||
(C) the base certificate required under Section | ||
21.003(a) for employment in the employee's | ||
position . . .. $60,000; or | ||
(D) a designation under Section 21.3521 | ||
$63,000 [ |
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SECTION 1.09. Section 21.402, Education Code, is amended by | ||
adding Subsections (a-1), (i), (j), (k), and (l) and amending | ||
Subsection (g) to read as follows: | ||
(a-1) For purposes of Subsection (a), a full-time school | ||
nurse is considered to hold the base certificate required under | ||
Section 21.003(a) for employment as a school nurse, regardless of | ||
the other certifications held by the nurse. | ||
(g) The commissioner may adopt rules to govern the | ||
application of this section, including rules that: | ||
(1) require the payment of a minimum salary under this | ||
section to a person employed in more than one capacity for which a | ||
minimum salary is provided and whose combined employment in those | ||
capacities constitutes full-time employment; and | ||
(2) specify the credentials a person must hold to be | ||
considered a [ |
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section. | ||
(i) A school district must use at least 50 percent of the | ||
difference between what the district would have paid under Section | ||
825.405, Government Code, based on the salaries paid under this | ||
section as it existed on January 1, 2023, and what the district pays | ||
under Section 825.405, Government Code, based on the salaries paid | ||
under this section as it exists after September 1, 2023, to increase | ||
the average total compensation per district employee employed as a | ||
classroom teacher, full-time librarian, full-time school counselor | ||
certified under Subchapter B, or full-time school nurse. In | ||
calculating average total compensation per district employee under | ||
this subsection, a district may not include compensation paid to a | ||
classroom teacher, full-time librarian, full-time school counselor | ||
certified under Subchapter B, or full-time school nurse in a | ||
position added by the school district for the current school year | ||
that increases the ratio of those employees to enrolled students | ||
over the ratio of those employees to enrolled students for the | ||
preceding year. | ||
(j) A school district that increases employee compensation | ||
in the 2023-2024 school year to comply with Subsection (a), as | ||
amended by H.B. 100, Acts of the 88th Legislature, Regular Session, | ||
2023, is providing compensation for services rendered | ||
independently of an existing employment contract applicable to that | ||
year and is not in violation of Section 53, Article III, Texas | ||
Constitution. A school district that does not meet the | ||
requirements of Subsection (a) in the 2023-2024 school year may | ||
satisfy the requirements of this section by providing an employee a | ||
one-time bonus payment during the 2024-2025 school year in an | ||
amount equal to the difference between the compensation earned by | ||
the employee during the 2023-2024 school year and the compensation | ||
the employee should have received during that school year if the | ||
district had complied with Subsection (a). | ||
(k) Notwithstanding the minimum salary schedule under | ||
Subsection (a), a school district that increases the amount a | ||
classroom teacher, full-time librarian, full-time school counselor | ||
certified under Subchapter B, or full-time school nurse is | ||
compensated during the 2023-2024 school year by at least $8,000 | ||
more than the amount the employee was compensated during the | ||
2022-2023 school year complies with the requirements of this | ||
section for the 2023-2024 school year. | ||
(l) Subsections (i), (j), and (k) and this subsection expire | ||
September 1, 2025. | ||
SECTION 1.10. The heading to Section 21.403, Education | ||
Code, is amended to read as follows: | ||
Sec. 21.403. DETERMINATION OF YEARS OF EXPERIENCE | ||
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SECTION 1.11. Sections 21.403(b) and (c), Education Code, | ||
are amended to read as follows: | ||
(b) For each year of work experience required for | ||
certification in a career or technological field, up to a maximum of | ||
two years, a certified career or technology education teacher is | ||
entitled to [ |
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teaching experience. | ||
(c) The commissioner shall adopt rules for determining the | ||
experience for which a teacher, librarian, school counselor, or | ||
nurse is to be given credit for purposes of the minimum salary | ||
schedule under Section 21.402(a) [ |
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counselor, or nurse for each year of experience without regard to | ||
whether the years are consecutive. | ||
SECTION 1.12. Section 21.4552(d), Education Code, is | ||
amended to read as follows: | ||
(d) From funds appropriated for that purpose, a teacher who | ||
attends a literacy achievement academy is entitled to receive a | ||
stipend in the amount determined by the commissioner. A stipend | ||
received under this subsection is not considered in determining | ||
whether a school district is paying the teacher the minimum | ||
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SECTION 1.13. Section 21.4553(d), Education Code, is | ||
amended to read as follows: | ||
(d) From funds appropriated for that purpose, a teacher who | ||
attends a mathematics achievement academy is entitled to receive a | ||
stipend in the amount determined by the commissioner. A stipend | ||
received under this subsection is not considered in determining | ||
whether a district is paying the teacher the minimum [ |
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salary under Section 21.402. | ||
SECTION 1.14. Section 21.4555(f), Education Code, is | ||
amended to read as follows: | ||
(f) From funds available for that purpose, a teacher who | ||
attends a civics training program may receive a stipend in an amount | ||
determined by the commissioner. A stipend received under this | ||
section is not included in determining whether a district is paying | ||
the teacher the minimum [ |
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SECTION 1.15. Section 26.0081(c), Education Code, is | ||
amended to read as follows: | ||
(c) The agency shall produce and provide to school districts | ||
a written explanation of the options and requirements for providing | ||
assistance to students who have learning difficulties or who need | ||
or may need special education. The explanation must state that a | ||
parent is entitled at any time to request an evaluation of the | ||
parent's child for special education services under Section 29.004 | ||
or for aids, accommodations, or services under Section 504, | ||
Rehabilitation Act of 1973 (29 U.S.C. Section 794) and include | ||
information regarding the use of video cameras in certain | ||
classrooms as provided by Section 29.022. Each school year, each | ||
district shall provide the written explanation to a parent of each | ||
district student by including the explanation in the student | ||
handbook or by another means. | ||
SECTION 1.16. Section 29.022, Education Code, is amended by | ||
amending Subsections (d), (e), and (l) and adding Subsection (l-1) | ||
to read as follows: | ||
(d) Before a school or campus activates a video camera in a | ||
classroom or other special education setting under this section, | ||
the school or campus shall provide written notice of the placement | ||
to all school or campus staff and to the parents of each student | ||
attending class or engaging in school activities in the classroom | ||
or setting. Written notice required under this section must be | ||
provided not later than the 10th instructional day after the first | ||
day the school or campus activates the video camera. | ||
(e) Except as provided by Subsection (e-1), a school | ||
district or open-enrollment charter school shall retain video | ||
recorded from a video camera placed under this section for at least | ||
six [ |
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(l) A school district or open-enrollment charter school | ||
policy relating to the placement, operation, or maintenance of | ||
video cameras under this section must: | ||
(1) include information on how a person may appeal an | ||
action by the district or school that the person believes to be in | ||
violation of this section or a policy adopted in accordance with | ||
this section, including the appeals process under Section 7.057; | ||
(2) require that the district or school provide a | ||
response to a request made under this section not later than the | ||
seventh school business day after receipt of the request by the | ||
person to whom it must be submitted under Subsection (a-3) that | ||
authorizes the request or states the reason for denying the | ||
request; | ||
(3) except as provided by Subdivision (5), require | ||
that a school or a campus begin operation of a video camera in | ||
compliance with this section not later than the 45th school | ||
business day, or the first school day after the 45th school business | ||
day if that day is not a school day, after the request is authorized | ||
unless the agency grants an extension of time; | ||
(4) permit the parent of a student whose admission, | ||
review, and dismissal committee has determined that the student's | ||
placement for the following school year will be in a classroom or | ||
other special education setting in which a video camera may be | ||
placed under this section to make a request for the video camera by | ||
the later of: | ||
(A) the date on which the current school year | ||
ends; or | ||
(B) the 10th school business day after the date | ||
of the placement determination by the admission, review, and | ||
dismissal committee; [ |
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(5) if a request is made by a parent in compliance with | ||
Subdivision (4), unless the agency grants an extension of time, | ||
require that a school or campus begin operation of a video camera in | ||
compliance with this section not later than the later of: | ||
(A) the 10th school day of the fall semester; or | ||
(B) the 45th school business day, or the first | ||
school day after the 45th school business day if that day is not a | ||
school day, after the date the request is made; | ||
(6) require that, not later than the seventh school | ||
business day after a parent requests the district or school to | ||
release a video recording for viewing under Subsection (i)(2), the | ||
district or school: | ||
(A) release the recording for viewing; or | ||
(B) if the district or school determines that the | ||
district or school is not required to release the recording under | ||
that subsection, provide a written response to the parent that | ||
states the reason the district or school is not required to release | ||
the recording and includes information regarding how the parent may | ||
appeal the action as described by Subdivision (1); and | ||
(7) not later than the 10th day of the fall semester, | ||
require the district or school to provide written information | ||
detailing the policy regarding the placement, operation, or | ||
maintenance of any video cameras to the parent of a student who: | ||
(A) receives special education services in one or | ||
more special education classrooms or other special education | ||
settings in which a majority of the students in regular attendance | ||
are provided special education and related services; or | ||
(B) is assigned to one or more special education | ||
classrooms or other special education settings for at least 50 | ||
percent of the instructional day. | ||
(l-1) The commissioner shall: | ||
(1) develop and post on the agency's Internet website a | ||
model form for school districts and open-enrollment charter schools | ||
to use to notify parents as required by Subsection (l)(7); and | ||
(2) review and update the form, as necessary. | ||
SECTION 1.17. Subchapter Z, Chapter 29, Education Code, is | ||
amended by adding Section 29.912 to read as follows: | ||
Sec. 29.912. RURAL PATHWAY EXCELLENCE PARTNERSHIP (R-PEP) | ||
PROGRAM. (a) In this section, "program" means the Rural Pathway | ||
Excellence Partnership (R-PEP) program established under this | ||
section. | ||
(b) The commissioner shall establish and administer the | ||
Rural Pathway Excellence Partnership (R-PEP) program to | ||
incentivize and support multidistrict, cross-sector, rural college | ||
and career pathway partnerships that expand opportunities for | ||
underserved students to succeed in school and life while promoting | ||
economic development in rural areas. | ||
(c) The program must enable an eligible school district that | ||
lacks an economy of scale, as determined by commissioner rule, to | ||
partner with at least one other school district to offer a broader | ||
array of robust college and career pathways. Each partnership must: | ||
(1) offer college and career pathways that align with | ||
regional labor market projections for high-wage, high-demand | ||
careers; and | ||
(2) be managed by a coordinating entity that: | ||
(A) has or will have at the time students are | ||
served under the partnership the capacity to effectively coordinate | ||
the partnership; | ||
(B) has entered into a performance agreement | ||
approved by the board of trustees of each partnering school | ||
district that confers to the coordinating entity the same authority | ||
with respect to the partnership as provided to an entity that | ||
contracts to operate a district campus under Section 11.174; | ||
(C) is eligible to be awarded a charter under | ||
Section 12.101(a); and | ||
(D) has on the entity's governing board as either | ||
voting or ex officio members representatives of each partnering | ||
school district and members of regional higher education and | ||
workforce organizations. | ||
(d) The performance agreement described by Subsection | ||
(c)(2)(B) must: | ||
(1) include ambitious and measurable performance | ||
goals and progress measures tied to current college, career, and | ||
military readiness outcomes and longitudinal postsecondary | ||
completion and employment-related outcomes; | ||
(2) allocate responsibilities for accessing and | ||
managing progress and outcome information and annually publishing | ||
that information on the Internet website of each partnering | ||
district and the coordinating entity; | ||
(3) authorize the coordinating entity to optimize the | ||
value of each college and career pathway offered through the | ||
partnership by: | ||
(A) determining scheduling; | ||
(B) adding or removing a pathway; | ||
(C) hiring pathway-specific personnel; | ||
(D) developing and exercising final approval of | ||
pathway budgets, which must include at least 80 percent of the state | ||
and local funding to which each partnering school district is | ||
entitled under Chapter 48 for students participating in the | ||
program, including an allotment under Section 48.106 or 48.118 and | ||
an outcome bonus under Section 48.110 or 48.118; and | ||
(E) determining other matters critical to the | ||
efficacy of the pathways; and | ||
(4) provide that any eligible student residing in a | ||
partnering school district may participate in a college or career | ||
pathway offered through the partnership. | ||
(e) An employee of a coordinating entity that manages a | ||
partnership under the program is eligible for membership in and | ||
benefits from the Teacher Retirement System of Texas if the | ||
employee would be eligible for membership and benefits by holding | ||
the same position at a partnering school district. | ||
(f) A student enrolled in a college or career pathway | ||
offered through a partnership under the program is not considered | ||
for accountability purposes under Chapter 39 to have dropped out of | ||
high school or failed to complete the curriculum requirements for | ||
high school graduation until the sixth anniversary of the student's | ||
first day in high school. | ||
(g) A school district proposing to enter into a performance | ||
agreement under this section shall notify the commissioner of the | ||
district's intent to enter into the agreement. The commissioner | ||
shall establish procedures for a district to notify the | ||
commissioner, including the period within which notification is | ||
required before the school year in which the proposed agreement | ||
would take effect, and to provide any additional information | ||
required by the commissioner. The commissioner shall notify the | ||
district whether the proposed agreement is approved or denied not | ||
later than the 60th day after the date the commissioner receives | ||
notification of the proposed agreement and all other information | ||
required by the commissioner. If the commissioner fails to notify | ||
the district that the proposed agreement has been approved or | ||
denied within the period prescribed by this subsection, the | ||
proposed agreement is considered approved. | ||
(h) From money appropriated for that purpose, the | ||
commissioner shall establish a grant program to assist in the | ||
planning and implementation of a partnership under the program. | ||
The commissioner may award a grant only to a coordinating entity | ||
that has entered into a performance agreement approved under | ||
Subsection (g). The commissioner may use not more than 15 percent | ||
of the money appropriated for the grant program to cover the cost of | ||
administering the grant program and to provide technical assistance | ||
and support to partnerships under the program. | ||
(i) The commissioner shall adopt rules as necessary to | ||
implement this section, including rules establishing: | ||
(1) requirements for a coordinating entity and a | ||
performance agreement with the entity; | ||
(2) the period for which a partnership under the | ||
program may operate after commissioner approval before renewal of | ||
commissioner approval is required; and | ||
(3) standards for renewal of commissioner approval for | ||
a partnership under the program. | ||
(j) This section does not prohibit an agreement between a | ||
school district and another entity for the provision of services at | ||
a district campus. | ||
(k) The commissioner may accept gifts, grants, and | ||
donations from any source, including private and nonprofit | ||
organizations, for the program. A private or nonprofit | ||
organization that contributes to the program may receive an award | ||
under Section 7.113. | ||
SECTION 1.18. Section 30.003, Education Code, is amended by | ||
amending Subsections (b) and (f-1) and adding Subsection (b-1) to | ||
read as follows: | ||
(b) If the student is admitted to the school for a full-time | ||
program for the equivalent of two long semesters, the district's | ||
share of the cost is an amount equal to the dollar amount of | ||
maintenance and debt service taxes imposed by the district for that | ||
year, subject to Subsection (b-1), divided by the district's | ||
average daily attendance for the preceding year. | ||
(b-1) For purposes of Subsection (b), the commissioner | ||
shall reduce the dollar amount of maintenance and debt service | ||
taxes imposed by the district for a year by the amount, if any, by | ||
which the district is required to reduce the district's local | ||
revenue level under Section 48.257 for that year. | ||
(f-1) The commissioner shall determine the total amount | ||
that the Texas School for the Blind and Visually Impaired and the | ||
Texas School for the Deaf would have received from school districts | ||
in accordance with this section if the following provisions had not | ||
reduced the districts' share of the cost of providing education | ||
services: | ||
(1) H.B. No. 1, Acts of the 79th Legislature, 3rd | ||
Called Session, 2006; | ||
(2) Subsection (b-1) of this section; | ||
(3) Section 45.0032; | ||
(4) [ |
||
(5) [ |
||
SECTION 1.19. Section 30.102(b), Education Code, is amended | ||
to read as follows: | ||
(b) A classroom teacher, full-time librarian, full-time | ||
school counselor certified under Subchapter B, Chapter 21, or | ||
full-time school nurse employed by the department is entitled to | ||
receive as a minimum salary the [ |
||
Section 21.402. A classroom teacher, full-time librarian, | ||
full-time school counselor, or full-time school nurse may be paid, | ||
from funds appropriated to the department, a salary in excess of the | ||
minimum specified by that section, but the salary may not exceed the | ||
rate of pay for a similar position in the public schools of an | ||
adjacent school district. | ||
SECTION 1.20. Section 33.009(h), Education Code, is amended | ||
to read as follows: | ||
(h) From funds appropriated for that purpose, a school | ||
counselor who attends the academy under this section is entitled to | ||
receive a stipend in the amount determined by the coordinating | ||
board. If funds are available after all eligible school counselors | ||
have received a stipend under this subsection, the coordinating | ||
board shall pay a stipend in the amount determined by the | ||
coordinating board to a teacher who attends the academy under this | ||
section. A stipend received under this subsection is not | ||
considered in determining whether a district is paying the school | ||
counselor or teacher the minimum [ |
||
21.402. | ||
SECTION 1.21. Section 46.003(a), Education Code, is amended | ||
to read as follows: | ||
(a) For each year, except as provided by Sections 46.005 and | ||
46.006, a school district is guaranteed a specified amount per | ||
student in state and local funds for each cent of tax effort, up to | ||
the maximum rate under Subsection (b), to pay the principal of and | ||
interest on eligible bonds issued to construct, acquire, renovate, | ||
or improve an instructional facility. The amount of state support | ||
is determined by the formula: | ||
FYA = (FYL X ADA X BTR X 100) - (BTR X (DPV/100)) | ||
where: | ||
"FYA" is the guaranteed facilities yield amount of state | ||
funds allocated to the district for the year; | ||
"FYL" is the dollar amount guaranteed level of state and | ||
local funds per student per cent of tax effort, which is $35 or a | ||
greater amount for any year provided by appropriation; | ||
"ADA" is the greater of the number of students in average | ||
daily attendance, as determined under Section 48.005, in the | ||
district or 400; | ||
"BTR" is the district's bond tax rate for the current year, | ||
which is determined by dividing the amount budgeted by the district | ||
for payment of eligible bonds by the quotient of the district's | ||
taxable value of property as determined under Section 48.013 | ||
[ |
||
Section 48.258, divided by 100; and | ||
"DPV" is the district's taxable value of property as | ||
determined under Section 48.013 [ |
||
SECTION 1.22. Section 46.006(g), Education Code, is amended | ||
to read as follows: | ||
(g) In this section, "wealth per student" means a school | ||
district's taxable value of property as determined under Section | ||
48.013 [ |
||
applicable, Section 48.258, divided by the district's average daily | ||
attendance as determined under Section 48.005. | ||
SECTION 1.23. Section 46.032(a), Education Code, is amended | ||
to read as follows: | ||
(a) Each school district is guaranteed a specified amount | ||
per student in state and local funds for each cent of tax effort to | ||
pay the principal of and interest on eligible bonds. The amount of | ||
state support, subject only to the maximum amount under Section | ||
46.034, is determined by the formula: | ||
EDA = (EDGL X ADA X EDTR X 100) - (EDTR X (DPV/100)) | ||
where: | ||
"EDA" is the amount of state funds to be allocated to the | ||
district for assistance with existing debt; | ||
"EDGL" is the dollar amount guaranteed level of state and | ||
local funds per student per cent of tax effort, which is the lesser | ||
of: | ||
(1) $40 or a greater amount for any year provided by | ||
appropriation; or | ||
(2) the amount that would result in a total additional | ||
amount of state funds under this subchapter for the current year | ||
equal to $60 million in excess of the state funds to which school | ||
districts would have been entitled under this section if the | ||
guaranteed level amount were $35; | ||
"ADA" is the number of students in average daily attendance, | ||
as determined under Section 48.005, in the district; | ||
"EDTR" is the existing debt tax rate of the district, which is | ||
determined by dividing the amount budgeted by the district for | ||
payment of eligible bonds by the quotient of the district's taxable | ||
value of property as determined under Section 48.013 [ |
||
48.258, divided by 100; and | ||
"DPV" is the district's taxable value of property as | ||
determined under Section 48.013 [ |
||
SECTION 1.24. Sections 48.0051(a), (b), and (d), Education | ||
Code, are amended to read as follows: | ||
(a) The [ |
||
shall adjust the average daily attendance of a school district or | ||
open-enrollment charter school under Section 48.005 in the manner | ||
provided by Subsection (b) if the district or school: | ||
(1) provides the minimum number of minutes of | ||
operational and instructional time required under Section 25.081 | ||
and commissioner rules adopted under that section over at least 175 | ||
[ |
||
(2) offers an additional 30 days of half-day | ||
instruction for students enrolled in prekindergarten through fifth | ||
grade. | ||
(b) For a school district or open-enrollment charter school | ||
described by Subsection (a), the commissioner shall increase the | ||
average daily attendance of the district or school under Section | ||
48.005 by the amount that results from the quotient of the sum of | ||
attendance by students described by Subsection (a)(2) for each of | ||
the 30 additional instructional days of half-day instruction that | ||
are provided divided by 175 [ |
||
(d) This section does not prohibit a school district from | ||
providing the minimum number of minutes of operational and | ||
instructional time required under Section 25.081 and commissioner | ||
rules adopted under that section over fewer than 175 [ |
||
instruction. | ||
SECTION 1.25. Subchapter A, Chapter 48, Education Code, is | ||
amended by adding Section 48.0055 to read as follows: | ||
Sec. 48.0055. ENROLLMENT-BASED FUNDING. The commissioner | ||
by rule shall establish the method for determining average | ||
enrollment for purposes of funding provided based on average | ||
enrollment under Chapter 46 and this chapter. | ||
SECTION 1.26. Sections 48.011(a-1), (d), and (e), Education | ||
Code, are amended to read as follows: | ||
(a-1) The commissioner may modify dates relating to the | ||
adoption of a school district's maintenance and operations tax rate | ||
and, if applicable, an election required for the district to adopt | ||
that rate as necessary to implement the changes to the Foundation | ||
School Program and requirements relating to school district tax | ||
rates made by the 88th [ |
||
2023 [ |
||
(d) Beginning with the 2026-2027 [ |
||
the commissioner may not make an adjustment under Subsection (a) or | ||
(a-1). | ||
(e) This section expires September 1, 2027 [ |
||
SECTION 1.27. Subchapter A, Chapter 48, Education Code, is | ||
amended by adding Section 48.013 to read as follows: | ||
Sec. 48.013. DETERMINATION OF TAXABLE VALUE OF PROPERTY. | ||
For purposes of Chapter 46 and this chapter, the agency shall | ||
determine the taxable value of property of each school district | ||
using locally determined property values adjusted in accordance | ||
with Section 403.302(d), Government Code. | ||
SECTION 1.28. Section 48.051, Education Code, is amended by | ||
amending Subsections (a) and (c) and adding Subsections (c-3), | ||
(c-4), and (c-5) to read as follows: | ||
(a) For each student in average daily attendance, not | ||
including the time students spend each day in special education | ||
programs in an instructional arrangement other than mainstream or | ||
career and technology education programs, for which an additional | ||
allotment is made under Subchapter C, a district is entitled to an | ||
allotment equal to [ |
||
from the following formula: | ||
A = B [ |
||
where: | ||
"A" is the allotment to which a district is entitled; | ||
"B" is the base amount, which equals the greater of: | ||
(1) $6,250; | ||
(2) an amount equal to the district's base amount under | ||
this section for the preceding school year; or | ||
(3) the amount appropriated under Subsection (b); | ||
"TR" is the district's tier one maintenance and operations | ||
tax rate, as provided by Section 45.0032; and | ||
"MCR" is the district's maximum compressed tax rate, as | ||
determined under Section 48.2551. | ||
(c) During any school year for which the value of "A" | ||
determined [ |
||
Subsection (a) or, if applicable, the sum of the value of "A" and | ||
the allotment under Section 48.101 to which the district is | ||
entitled, [ |
||
applicable, the sum of the value of "A" and the allotment under | ||
Section 48.101 to which the district is entitled, [ |
||
at least 50 [ |
||
of the district multiplied by the amount of the difference between | ||
the district's funding under this chapter per student in average | ||
daily attendance for the current school year and the preceding | ||
school year to increase the average total compensation per | ||
full-time district employee [ |
||
follows: | ||
(1) 75 percent must be used to increase the average | ||
total compensation per full-time district employee employed as | ||
[ |
||
school counselors certified under Subchapter B, Chapter 21, and | ||
full-time school nurses[ |
||
and | ||
(2) 25 percent may be used as determined by the | ||
district to increase the average total compensation per [ |
||
full-time district employee not described by Subdivision (1) | ||
[ |
||
(c-3) In calculating the average total compensation per | ||
full-time district employee under Subsection (c), a school district | ||
may not consider compensation paid to a district employee employed | ||
in a position described by that subsection added by the district for | ||
the current school year that increases the ratio of those employees | ||
to students enrolled in the district compared to the preceding | ||
school year. | ||
(c-4) If a school district increases employee compensation | ||
in a school year to comply with Subsection (c), as amended by | ||
H.B. 100, Acts of the 88th Legislature, Regular Session, 2023, the | ||
district is providing compensation for services rendered | ||
independently of an existing employment contract applicable to that | ||
year and is not a violation of Section 53, Article III, Texas | ||
Constitution. | ||
(c-5) A school district that does not meet the requirements | ||
of Subsection (c) during a school year may satisfy the requirements | ||
of this section by providing an employee a one-time bonus payment | ||
during the following school year in an amount equal to the | ||
difference between the compensation earned by the employee and the | ||
compensation the employee should have received during the school | ||
year if the district had complied with Subsection (c). | ||
SECTION 1.29. Section 48.101, Education Code, is amended to | ||
read as follows: | ||
Sec. 48.101. SMALL AND MID-SIZED DISTRICT ALLOTMENT. (a) | ||
Small and mid-sized districts are entitled to an annual allotment | ||
in accordance with this section. In this section: | ||
(1) "AA" is the district's annual allotment per | ||
student in average daily attendance; | ||
(2) "ADA" is the number of students in average daily | ||
attendance for which the district is entitled to an allotment under | ||
Section 48.051, other than students enrolled in a full-time virtual | ||
program under Section 48.0071(c) as that section existed on January | ||
1, 2023; and | ||
(3) "BA" is the basic allotment determined under | ||
Section 48.051. | ||
(b) A school district that has fewer than 1,600 students in | ||
average daily attendance is entitled to an annual allotment for | ||
each student in average daily attendance based on the following | ||
formula: | ||
AA = ((1,600 - ADA) X .00056 [ |
||
(c) A school district that offers a kindergarten through | ||
grade 12 program and has less than 5,000 students in average daily | ||
attendance is entitled to an annual allotment for each student in | ||
average daily attendance based on the formula, of the following | ||
formulas, that results in the greatest annual allotment: | ||
(1) the formula in Subsection (b), if the district is | ||
eligible for that formula; or | ||
(2) AA = ((5,000 - ADA) X .00004 [ |
||
(d) Instead of the allotment under Subsection (b) or (c)(1), | ||
a school district that has fewer than 300 students in average daily | ||
attendance and is the only school district located in and operating | ||
in a county is entitled to an annual allotment for each student in | ||
average daily attendance based on the following formula: | ||
AA = ((1,600 - ADA) X .00066 [ |
||
SECTION 1.30. Subchapter C, Chapter 48, Education Code, is | ||
amended by adding Section 48.1022 to read as follows: | ||
Sec. 48.1022. SPECIAL EDUCATION FULL INDIVIDUAL AND INITIAL | ||
EVALUATION. For each student for whom a school district conducts a | ||
full individual and initial evaluation under Section 29.004 or 20 | ||
U.S.C. Section 1414(a)(1), the district is entitled to an allotment | ||
of $500 or a greater amount provided by appropriation. | ||
SECTION 1.31. Section 48.111(a), Education Code, is amended | ||
to read as follows: | ||
(a) A [ |
||
district is entitled to an annual allotment equal to the basic | ||
allotment multiplied by the applicable weight under Subsection | ||
(a-1) for each enrolled student equal to the difference, if the | ||
difference is greater than zero, that results from subtracting 250 | ||
from the difference between the number of students enrolled in the | ||
district during the school year immediately preceding the current | ||
school year and the number of students enrolled in the district | ||
during the school year six years preceding the current school year. | ||
SECTION 1.32. Section 48.115(b), Education Code, is amended | ||
to read as follows: | ||
(b) Funds allocated under this section must be used to | ||
improve school safety and security, including costs associated | ||
with: | ||
(1) securing school facilities, including: | ||
(A) improvements to school infrastructure; | ||
(B) the use or installation of physical barriers; | ||
and | ||
(C) the purchase and maintenance of: | ||
(i) security cameras or other security | ||
equipment, including video surveillance as provided by Section | ||
29.022; and | ||
(ii) technology, including communications | ||
systems or devices, that facilitates communication and information | ||
sharing between students, school personnel, and first responders in | ||
an emergency; | ||
(2) providing security for the district, including: | ||
(A) employing school district peace officers, | ||
private security officers, and school marshals; and | ||
(B) collaborating with local law enforcement | ||
agencies, such as entering into a memorandum of understanding for | ||
the assignment of school resource officers to schools in the | ||
district; | ||
(3) school safety and security training and planning, | ||
including: | ||
(A) active shooter and emergency response | ||
training; | ||
(B) prevention and treatment programs relating | ||
to addressing adverse childhood experiences; and | ||
(C) the prevention, identification, and | ||
management of emergencies and threats, using evidence-based, | ||
effective prevention practices and including: | ||
(i) providing licensed counselors, social | ||
workers, and individuals trained in restorative discipline and | ||
restorative justice practices; | ||
(ii) providing mental health personnel and | ||
support; | ||
(iii) providing behavioral health | ||
services; | ||
(iv) establishing threat reporting | ||
systems; and | ||
(v) developing and implementing programs | ||
focused on restorative justice practices, culturally relevant | ||
instruction, and providing mental health support; and | ||
(4) providing programs related to suicide prevention, | ||
intervention, and postvention. | ||
SECTION 1.33. Subchapter C, Chapter 48, Education Code, is | ||
amended by adding Sections 48.116 and 48.118 to read as follows: | ||
Sec. 48.116. FINE ARTS ALLOTMENT. (a) For each student in | ||
average daily attendance enrolled in a fine arts education course | ||
approved by the agency under Subsection (b) in grades 6 through 12, | ||
a school district is entitled to an annual allotment equal to the | ||
basic allotment, or, if applicable, the sum of the basic allotment | ||
and the allotment under Section 48.101 to which the district is | ||
entitled, multiplied by .008. | ||
(b) The agency shall approve fine arts education courses | ||
that qualify for the allotment provided under this section. The | ||
approved courses must include fine arts education courses that: | ||
(1) are authorized by the State Board of Education, | ||
including music, art, theater, and dance; | ||
(2) provide students with the knowledge and skills | ||
necessary for success in the fine arts; and | ||
(3) require a student in full-time attendance to | ||
receive not less than 225 minutes of fine arts instruction per week. | ||
(c) The agency shall annually publish a list of fine arts | ||
courses approved under Subsection (b). | ||
Sec. 48.118. RURAL PATHWAY EXCELLENCE PARTNERSHIP (R-PEP) | ||
ALLOTMENT AND OUTCOME BONUS. (a) For each full-time equivalent | ||
student in average daily attendance in grades 9 through 12 in a | ||
college or career pathway offered through a partnership under the | ||
Rural Pathway Excellence Partnership (R-PEP) program under Section | ||
29.912, a school district is entitled to an allotment equal to the | ||
basic allotment or, if applicable, the sum of the basic allotment | ||
and the allotment under Section 48.101 to which the district is | ||
entitled, multiplied by: | ||
(1) 1.15, if the student is educationally | ||
disadvantaged; or | ||
(2) 1.11, if the student is not educationally | ||
disadvantaged. | ||
(b) Each year, the commissioner shall determine for each | ||
school district the minimum number of annual graduates of a college | ||
or career pathway described by Subsection (a) in each cohort | ||
described by Section 48.110(b) who would have to obtain not later | ||
than five years after high school graduation a postsecondary | ||
credential of value, including a degree, certificate, or other | ||
credential that prepares students for continued learning and | ||
greater earnings in the state economy, in order for the district to | ||
qualify for an outcomes bonus under Subsection (c). | ||
(c) In addition to the allotment under Subsection (a), for | ||
each annual graduate in a cohort described by Subsection (b) who | ||
earns a postsecondary credential of value described by that | ||
subsection during the preceding school year in excess of the | ||
minimum number of students determined for the applicable district | ||
cohort under Subsection (b), a school district is entitled to an | ||
annual outcomes bonus of: | ||
(1) if the annual graduate is educationally | ||
disadvantaged, $2,000; | ||
(2) if the annual graduate is not educationally | ||
disadvantaged, $1,000; and | ||
(3) if the annual graduate is enrolled in a special | ||
education program under Subchapter A, Chapter 29, $2,000, | ||
regardless of whether the annual graduate is educationally | ||
disadvantaged. | ||
(d) A school district is entitled to an outcomes bonus under | ||
each subdivision of Subsection (c) for which an annual graduate | ||
qualifies. | ||
(e) A school district may receive funding for a student | ||
under this section and any other section for which the student | ||
qualifies. | ||
SECTION 1.34. Sections 48.151(c) and (g), Education Code, | ||
are amended to read as follows: | ||
(c) Each district or county operating a regular | ||
transportation system is entitled to an allotment based on a rate of | ||
$1.54 per mile per regular eligible student or a greater rate set by | ||
the legislature in the General Appropriations Act. | ||
(g) A school district or county that provides special | ||
transportation services for eligible special education students is | ||
entitled to a state allocation at a [ |
||
rate per mile set under Subsection (c) and $0.13, or a greater | ||
amount provided [ |
||
Districts may use a portion of their support allocation to pay | ||
transportation costs, if necessary. The commissioner may grant an | ||
amount set by appropriation for private transportation to reimburse | ||
parents or their agents for transporting eligible special education | ||
students. The mileage allowed shall be computed along the shortest | ||
public road from the student's home to school and back, morning and | ||
afternoon. The need for this type of transportation shall be | ||
determined on an individual basis and shall be approved only in | ||
extreme hardship cases. | ||
SECTION 1.35. Subchapter D, Chapter 48, Education Code, is | ||
amended by adding Section 48.160 to read as follows: | ||
Sec. 48.160. ALLOTMENT FOR ADVANCED MATHEMATICS PATHWAYS | ||
AND CERTAIN PROGRAMS OF STUDY. (a) A school district is eligible | ||
to receive an allotment under this section if the district offers | ||
through in-person instruction, remote instruction, or a hybrid of | ||
in-person and remote instruction: | ||
(1) an advanced mathematics pathway that begins with | ||
Algebra I in grade eight and continues through progressively more | ||
advanced mathematics courses in each grade from grade 9 through 12; | ||
(2) a program of study in: | ||
(A) computer programming and software | ||
development; or | ||
(B) cybersecurity; and | ||
(3) a program of study in a specialized skilled trade, | ||
such as: | ||
(A) plumbing and pipefitting; | ||
(B) electrical; | ||
(C) welding; | ||
(D) diesel and heavy equipment; | ||
(E) aviation maintenance; or | ||
(F) applied agricultural engineering. | ||
(b) Notwithstanding Subsection (a), a school district is | ||
eligible for the allotment under this section for students enrolled | ||
in a high school in the district that does not offer a program of | ||
study described by Subsection (a)(2) or (3) if: | ||
(1) high school students who reside in the attendance | ||
zone of the high school may participate in the program of study by | ||
enrolling in another high school: | ||
(A) that: | ||
(i) is in the same district or a neighboring | ||
school district; | ||
(ii) was assigned the same or a better | ||
campus overall performance rating under Section 39.054 as the high | ||
school in whose attendance zone the students reside; and | ||
(iii) offers the program of study; and | ||
(B) to and from which transportation is provided | ||
for those students; or | ||
(2) students enrolled in the high school: | ||
(A) are offered instruction for the program of | ||
study at another location, such as another high school in the same | ||
district or a neighboring school district; and | ||
(B) receive transportation to and from the | ||
location described by Paragraph (A). | ||
(c) An eligible school district is entitled to an annual | ||
allotment of $10 for each student enrolled at a high school in the | ||
district that offers a pathway or program of study from each | ||
subdivision described by Subsection (a) if: | ||
(1) each student enrolled at the high school takes a | ||
progressively more advanced mathematics course each year of | ||
enrollment; and | ||
(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. | ||
(d) A school district that receives an allotment under | ||
Subsection (c) and Section 48.101 is entitled to receive an | ||
additional allotment in an amount equal to the product of 0.1 and | ||
the allotment to which the district is entitled under Section | ||
48.101 for each student for which the district receives an | ||
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 1.36. Sections 48.202(a) and (a-1), Education Code, | ||
are amended to read as follows: | ||
(a) Each school district is guaranteed a specified amount | ||
per weighted student in state and local funds for each cent of tax | ||
effort over that required for the district's local fund assignment | ||
up to the maximum level specified in this subchapter. The amount of | ||
state support, subject only to the maximum amount under Section | ||
48.203, is determined by the formula: | ||
GYA = (GL X WADA X DTR X 100) - LR | ||
where: | ||
"GYA" is the guaranteed yield amount of state funds to be | ||
allocated to the district; | ||
"GL" is the dollar amount guaranteed level of state and local | ||
funds per weighted student per cent of tax effort, which is an | ||
amount described by Subsection (a-1) or a greater amount for any | ||
year provided by appropriation; | ||
"WADA" is the number of students in weighted average daily | ||
attendance, which is calculated by dividing the sum of the school | ||
district's allotments under Subchapters B and C by the basic | ||
allotment for the applicable year; | ||
"DTR" is the district enrichment tax rate of the school | ||
district, which is determined by subtracting the amounts specified | ||
by Subsection (b) from the total amount of maintenance and | ||
operations taxes collected by the school district for the | ||
applicable school year and dividing the difference by the quotient | ||
of the district's taxable value of property as determined under | ||
Section 48.013 [ |
||
applicable, under Section 48.258 or by the quotient of the value of | ||
"DPV" as determined under Section 48.256(d) if that subsection | ||
applies to the district, divided by 100; and | ||
"LR" is the local revenue, which is determined by multiplying | ||
"DTR" by the quotient of the district's taxable value of property as | ||
determined under Section 48.013 [ |
||
quotient of the value of "DPV" as determined under Section | ||
48.256(d) if that subsection applies to the district, divided by | ||
100. | ||
(a-1) For purposes of Subsection (a), the dollar amount | ||
guaranteed level of state and local funds per weighted student per | ||
cent of tax effort ("GL") for a school district is: | ||
(1) the greater of the amount of district tax revenue | ||
per weighted student per cent of tax effort available to a school | ||
district at the 96th percentile of wealth per weighted student or | ||
the amount that results from multiplying the maximum amount of the | ||
basic allotment provided under Section 48.051 for the applicable | ||
school year [ |
||
which the district's maintenance and operations tax rate exceeds | ||
the district's tier one tax rate; and | ||
(2) subject to Subsection (f), the amount that results | ||
from multiplying the maximum amount of the basic allotment provided | ||
under Section 48.051 for the applicable school year [ |
||
0.008, for the district's maintenance and operations tax effort | ||
that exceeds the amount of tax effort described by Subdivision (1). | ||
SECTION 1.37. Section 48.2542, Education Code, is amended | ||
to read as follows: | ||
Sec. 48.2542. ADDITIONAL STATE AID FOR ADJUSTMENT OF | ||
LIMITATION ON TAX INCREASES ON HOMESTEAD OF ELDERLY OR DISABLED. | ||
Notwithstanding any other provision of this chapter, if a school | ||
district is not fully compensated through state aid or the | ||
calculation of excess local revenue under this chapter based on the | ||
determination of the district's taxable value of property under | ||
Section 48.013 [ |
||
district is entitled to additional state aid in the amount | ||
necessary to fully compensate the district for the amount of ad | ||
valorem tax revenue lost due to a reduction of the amount of the | ||
limitation on tax increases provided by Sections 11.26(a-4), (a-5), | ||
(a-6), (a-7), (a-8), (a-9), and (a-10), Tax Code, as applicable. | ||
SECTION 1.38. Section 48.255(c), Education Code, is amended | ||
to read as follows: | ||
(c) For purposes of Subsection (b)(2): | ||
(1) "SCP" is the state compression percentage; | ||
(2) "PYCP" is the state compression percentage for the | ||
preceding school year; and | ||
(3) "ECPV" is the estimated percentage change in total | ||
taxable property value for the applicable tax year using the | ||
taxable values of property [ |
||
SECTION 1.39. Section 48.2551(a), Education Code, is | ||
amended to read as follows: | ||
(a) In this section: | ||
(1) "DPV" is the taxable value of property in the | ||
school district, as determined under Section 48.013 [ |
||
(2) "E" is the expiration of the exclusion of | ||
appraised property value for the preceding tax year that is | ||
recognized as taxable property value for the current tax year, | ||
which is the sum of the following: | ||
(A) property value that is no longer subject to a | ||
limitation on appraised value under Chapter 313, Tax Code; and | ||
(B) property value under Section 311.013(n), Tax | ||
Code, that is no longer excluded from the calculation of "DPV" from | ||
the preceding year because of refinancing or renewal after | ||
September 1, 2019; | ||
(3) "MCR" is the district's maximum compressed rate, | ||
which is the tax rate for the current tax year per $100 of valuation | ||
of taxable property at which the district must levy a maintenance | ||
and operations tax to receive the full amount of the tier one | ||
allotment to which the district is entitled under this chapter; | ||
(4) "PYDPV" is the district's value of "DPV" for the | ||
preceding tax year; and | ||
(5) "PYMCR" is the district's value of "MCR" for the | ||
preceding tax year. | ||
SECTION 1.40. Sections 48.256(a) and (b), Education Code, | ||
are amended to read as follows: | ||
(a) Each school district's share of the Foundation School | ||
Program is determined by the following formula: | ||
LFA = TR X DPV | ||
where: | ||
"LFA" is the school district's local share; | ||
"TR" is the school district's adopted tier one maintenance | ||
and operations tax rate, as described by Section 45.0032(a) for | ||
each hundred dollars of valuation; and | ||
"DPV" is the taxable value of property in the school district | ||
for the current tax year determined under Section 48.013 | ||
[ |
||
(b) The commissioner shall adjust the values determined | ||
under Section 48.013 [ |
||
reductions in taxable value of property resulting from natural or | ||
economic disaster in the year in which the valuations are | ||
determined. The decision of the commissioner is final. An | ||
adjustment does not affect the local fund assignment of any other | ||
school district. | ||
SECTION 1.41. Section 48.257(c), Education Code, is amended | ||
to read as follows: | ||
(c) For purposes of Subsection (a), state aid to which a | ||
district is entitled under Section 13.054 or this chapter that is | ||
not described by Section 48.266(a)(3) may offset the amount by | ||
which a district must reduce the district's revenue level under | ||
this section. Any amount of state aid used as an offset under this | ||
subsection shall reduce the amount of state aid to which the | ||
district is entitled. | ||
SECTION 1.42. Section 48.271(a), Education Code, is amended | ||
to read as follows: | ||
(a) If the final determination of an appeal under Chapter | ||
42, Tax Code, results in a reduction in the taxable value of | ||
property that exceeds five percent of the total taxable value of | ||
property in the school district for the same tax year determined | ||
under Section 48.013 [ |
||
the commissioner shall request the comptroller to adjust its | ||
taxable property value findings for that year consistent with the | ||
final determination of the appraisal appeal. | ||
SECTION 1.43. Section 48.273(a)(4), Education Code, is | ||
amended to read as follows: | ||
(4) "Wealth per student" means the taxable property | ||
values determined under Section 48.013 [ |
||
students in average daily attendance. | ||
SECTION 1.44. 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 [ |
||
(e) This section expires September 1, 2030 [ |
||
SECTION 1.45. 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 | ||
2023-2024, 2024-2025, and 2025-2026 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 H.B. 100, 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 H.B. 100, 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 1.46. Subchapter F, Chapter 48, Education Code, is | ||
amended by adding Section 48.284 to read as follows: | ||
Sec. 48.284. PROPERTY VALUE STUDY HARDSHIP GRANTS. (a) For | ||
the 2023-2024 and 2024-2025 school years, from money appropriated | ||
for purposes of this section, the commissioner may administer a | ||
grant program to provide grants to eligible school districts to | ||
offset a reduction in the district's funding under the Foundation | ||
School Program resulting from the use of the state value for the | ||
district's taxable value of property as provided by Section | ||
403.302(c), Government Code, for the 2022 and 2023 tax years. | ||
(b) The amount of a grant awarded under this section is the | ||
difference, if that difference is greater than zero, between: | ||
(1) the funding the school district would have | ||
received under Chapter 46, this chapter, and Chapter 49 for the | ||
applicable school year if the local value for the district's | ||
taxable value of property was used for the applicable tax year; and | ||
(2) the funding to which the district is entitled | ||
under Chapter 46, this chapter, and Chapter 49 for the applicable | ||
school year. | ||
(c) An open-enrollment charter school is not eligible to | ||
receive a grant under this section. | ||
(d) Funding provided to a school district under this section | ||
is in addition to all other funding provided under Chapter 46, this | ||
chapter, and Chapter 49. | ||
(e) The commissioner may require a school district to | ||
submit, or request from a state agency or a political subdivision of | ||
this state, additional information as needed to make a | ||
determination under this section. | ||
(f) The total amount of grants awarded under this section | ||
for a school year may not exceed $175 million. | ||
(g) In awarding grants under this section, the commissioner | ||
shall prioritize school districts experiencing the greatest | ||
percentage reduction in funding described by Subsection (a). | ||
(h) The commissioner may not adjust the amount of a grant | ||
awarded under this section based on data revisions received after | ||
the grant has been awarded. | ||
(i) A determination by the commissioner under this section | ||
is final and may not be appealed. | ||
(j) This section expires September 1, 2025. | ||
SECTION 1.47. Section 49.302(a), Education Code, is amended | ||
to read as follows: | ||
(a) For purposes of this subchapter, the taxable value of an | ||
individual parcel or other item of property and the total taxable | ||
value of property in a school district resulting from the | ||
detachment of property from or annexation of property to that | ||
district is determined by applying the appraisal ratio for the | ||
appropriate category of property determined under Section 48.013 | ||
[ |
||
year to the taxable value of the detached or annexed property | ||
determined under Title 1, Tax Code, for the preceding tax year. | ||
SECTION 1.48. Section 403.3011(2), Government Code, is | ||
amended to read as follows: | ||
(2) "Eligible school district" means a school district | ||
for which the comptroller has determined the following: | ||
(A) in the most recent study, the local value is | ||
invalid under Section 403.302(c) and does not exceed the state | ||
value for the school district determined in the study; | ||
(B) in the two studies preceding the most recent | ||
study, the school district's local value was valid under Section | ||
403.302(c); and | ||
(C) in the most recent study, the aggregate local | ||
value of all of the categories of property sampled by the | ||
comptroller is not less than 90 percent of the lower limit of the | ||
margin of error as determined by the comptroller of the aggregate | ||
value as determined by the comptroller of all of the categories of | ||
property sampled by the comptroller[ |
||
[ |
||
SECTION 1.49. Section 403.303(a), Government Code, is | ||
amended to read as follows: | ||
(a) A school district or a property owner whose property is | ||
included in the study under Section 403.302 and whose tax liability | ||
on the property is $100,000 or more may protest the comptroller's | ||
findings under Section 403.302(g) or (h) by filing a petition with | ||
the comptroller. The petition must be filed not later than the 50th | ||
[ |
||
certified to the commissioner of education and must specify the | ||
grounds for objection and the value claimed to be correct by the | ||
school district or property owner. | ||
SECTION 1.50. Section 5.102, Tax Code, is amended by adding | ||
Subsection (f) to read as follows: | ||
(f) Following the conclusion of all reviews conducted by the | ||
comptroller under this section each year, the comptroller shall | ||
prepare a report summarizing the findings of the reviews conducted | ||
by the comptroller in that year. The report must include the number | ||
of appraisal districts for which the comptroller conducted a | ||
limited-scope review under Subsection (a-1), the number of | ||
recommendations made under Subsection (c), the percentage increase | ||
or decrease in the number of recommendations made under Subsection | ||
(c) as compared to the number of recommendations made under that | ||
subsection as listed in the report prepared for the preceding year, | ||
the number of appraisal districts subject to Subsection (e), and | ||
any other information the comptroller determines is necessary. The | ||
comptroller shall include the report required by this subsection in | ||
the report required under Section 5.10. | ||
SECTION 1.51. Section 26.08(n), Tax Code, is amended to | ||
read as follows: | ||
(n) For purposes of this section, the voter-approval tax | ||
rate of a school district is the sum of the following: | ||
(1) the rate per $100 of taxable value that is equal to | ||
the district's maximum compressed tax rate, as determined under | ||
Section 48.2551, Education Code, for the current year; | ||
(2) the greater of: | ||
(A) the district's enrichment tax rate for the | ||
preceding tax year, less any amount by which the district is | ||
required to reduce the district's enrichment tax rate under Section | ||
48.202(f), Education Code, in the current tax year; or | ||
(B) the rate of $0.06 [ |
||
value; and | ||
(3) the district's current debt rate. | ||
SECTION 1.52. The following provisions of the Education | ||
Code are repealed: | ||
(1) Sections 21.402(b), (c), (c-1), (f), and (h); | ||
(2) Sections 21.403(a) and (d); and | ||
(3) Sections 48.111(c), (c-1), and (c-2). | ||
SECTION 1.53. Section 403.3011, Government Code, as amended | ||
by this Act, applies only to a study conducted under Section | ||
403.302, Government Code, for a tax year that begins on or after | ||
January 1, 2024. A study conducted before that date is governed by | ||
the law in effect immediately before the effective date of this Act, | ||
and the former law is continued in effect for that purpose. | ||
SECTION 1.54. Section 403.303, Government Code, as amended | ||
by this Act, applies only to a protest of a finding under a study | ||
conducted under Section 403.302, Government Code, for which a | ||
petition is filed on or after January 1, 2024. A petition filed | ||
before that date is governed by the law in effect on the date the | ||
petition was filed, and the former law is continued in effect for | ||
that purpose. | ||
SECTION 1.55. Section 5.102(f), Tax Code, as added by this | ||
Act, applies only to a report required under Section 5.10, Tax Code, | ||
for a tax year that begins on or after January 1, 2024. | ||
SECTION 1.56. If both this Act and H.B. 11, 88th | ||
Legislature, Regular Session, 2023, are enacted, this Act prevails | ||
over H.B. 11, to the extent of any conflict, without regard to the | ||
date of enactment of this Act or H.B. 11. | ||
SECTION 1.57. (a) Except as provided by Subsection (b) of | ||
this section or as otherwise provided by this article, 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 7.062(a), 12.106(a-2), 13.051(c), 13.054, | ||
30.003, 46.003(a), 46.006(g), 46.032(a), 48.0051(a), (b), and (d), | ||
48.011(a-1), (d), and (e), 48.051, 48.101, 48.111, 48.151(c) and | ||
(g), 48.202(a) and (a-1), 48.2542, 48.255(c), 48.2551(a), | ||
48.256(a) and (b), 48.257(c), 48.271(a), 48.273(a)(4), 48.277(d) | ||
and (e), and 49.302(a), Education Code, and Section 26.08(n), Tax | ||
Code, as amended by this article, and Sections 48.0055, 48.013, | ||
48.1022, 48.116, 48.118, 48.160, 48.280, and 48.284, Education | ||
Code, as added by this article, take effect September 1, 2023. | ||
ARTICLE 2. CHANGES EFFECTIVE FOR 2024-2025 SCHOOL YEAR | ||
SECTION 2.01. Section 8.051(d), Education Code, is amended | ||
to read as follows: | ||
(d) Each regional education service center shall maintain | ||
core services for purchase by school districts and campuses. The | ||
core services are: | ||
(1) training and assistance in: | ||
(A) teaching each subject area assessed under | ||
Section 39.023; and | ||
(B) providing instruction in personal financial | ||
literacy as required under Section 28.0021; | ||
(2) training and assistance in providing each program | ||
that qualifies for a funding allotment under Section 48.102, | ||
48.1021, 48.104, 48.105, or 48.109; | ||
(3) assistance specifically designed for a school | ||
district or campus assigned an unacceptable performance rating | ||
under Section 39.054; | ||
(4) training and assistance to teachers, | ||
administrators, members of district boards of trustees, and members | ||
of site-based decision-making committees; | ||
(5) assistance specifically designed for a school | ||
district that is considered out of compliance with state or federal | ||
special education requirements, based on the agency's most recent | ||
compliance review of the district's special education programs; and | ||
(6) assistance in complying with state laws and rules. | ||
SECTION 2.02. Section 29.002, Education Code, is amended to | ||
read as follows: | ||
Sec. 29.002. DEFINITION. In this subchapter, "special | ||
services" means: | ||
(1) special education, as defined by 20 U.S.C. Section | ||
1401(29) [ |
||
(2) related services, as defined by 20 U.S.C. Section | ||
1401(26) [ |
||
SECTION 2.03. Section 29.014(d), Education Code, is amended | ||
to read as follows: | ||
(d) The basic allotment for a student enrolled in a district | ||
to which this section applies is adjusted by the tier of intensity | ||
of service defined in accordance with [ |
||
for use under this section [ |
||
SECTION 2.04. Section 29.018, Education Code, is amended by | ||
adding Subsection (g) to read as follows: | ||
(g) This section expires September 1, 2026. | ||
SECTION 2.05. Sections 29.022(a), (a-1), (b), (c), (c-1), | ||
(d), (f), (h), (k), (l), (s), and (t), Education Code, are amended | ||
to read as follows: | ||
(a) In order to promote student safety, on receipt of a | ||
written request authorized under Subsection (a-1), a school | ||
district or open-enrollment charter school shall provide | ||
equipment, including a video camera, to the school or schools in the | ||
district or the charter school campus or campuses specified in the | ||
request. A school or campus that receives equipment as provided by | ||
this subsection shall place, operate, and maintain one or more | ||
video cameras in special education [ |
||
other special education settings [ |
||
(1) a school or campus that receives equipment as a | ||
result of the request by a parent or staff member is required to | ||
place equipment only in classrooms or settings in which the | ||
parent's child is in regular attendance or to which the staff member | ||
is assigned, as applicable; and | ||
(2) a school or campus that receives equipment as a | ||
result of the request by a board of trustees, governing body, | ||
principal, or assistant principal is required to place equipment | ||
only in classrooms or settings identified by the requestor, if the | ||
requestor limits the request to specific classrooms or settings | ||
subject to this subsection. | ||
(a-1) For purposes of Subsection (a): | ||
(1) a parent of a child who receives special education | ||
services in one or more special education [ |
||
classrooms or other special education settings may request in | ||
writing that equipment be provided to the school or campus at which | ||
the child receives those services; | ||
(2) a board of trustees or governing body may request | ||
in writing that equipment be provided to one or more specified | ||
schools or campuses at which one or more children receive special | ||
education services in special education [ |
||
classrooms or other special education settings; | ||
(3) the principal or assistant principal of a school | ||
or campus at which one or more children receive special education | ||
services in special education [ |
||
special education settings may request in writing that equipment be | ||
provided to the principal's or assistant principal's school or | ||
campus; and | ||
(4) a staff member assigned to work with one or more | ||
children receiving special education services in special education | ||
[ |
||
may request in writing that equipment be provided to the school or | ||
campus at which the staff member works. | ||
(b) A school or campus that places a video camera in a | ||
special education classroom or other special education setting in | ||
accordance with Subsection (a) shall operate and maintain the video | ||
camera in the classroom or setting, as long as the classroom or | ||
setting continues to satisfy the requirements under Subsection (a), | ||
for the remainder of the school year in which the school or campus | ||
received the request, unless the requestor withdraws the request in | ||
writing. If for any reason a school or campus will discontinue | ||
operation of a video camera during a school year, not later than the | ||
fifth school day before the date the operation of the video camera | ||
will be discontinued, the school or campus must notify the parents | ||
of each student in regular attendance in the classroom or setting | ||
that operation of the video camera will not continue unless | ||
requested by a person eligible to make a request under Subsection | ||
(a-1). Not later than the 10th school day before the end of each | ||
school year, the school or campus must notify the parents of each | ||
student in regular attendance in the classroom or setting that | ||
operation of the video camera will not continue during the | ||
following school year unless a person eligible to make a request for | ||
the next school year under Subsection (a-1) submits a new request. | ||
(c) Except as provided by Subsection (c-1), video cameras | ||
placed under this section must be capable of: | ||
(1) covering all areas of the special education | ||
classroom or other special education setting, including a room | ||
attached to the classroom or setting used for time-out; and | ||
(2) recording audio from all areas of the special | ||
education classroom or other special education setting, including a | ||
room attached to the classroom or setting used for time-out. | ||
(c-1) The inside of a bathroom or any area in the special | ||
education classroom or other special education setting in which a | ||
student's clothes are changed may not be visually monitored, except | ||
for incidental coverage of a minor portion of a bathroom or changing | ||
area because of the layout of the classroom or setting. | ||
(d) Before a school or campus activates a video camera in a | ||
special education classroom or other special education setting | ||
under this section, the school or campus shall provide written | ||
notice of the placement to all school or campus staff and to the | ||
parents of each student attending class or engaging in school | ||
activities in the classroom or setting. | ||
(f) A school district or open-enrollment charter school may | ||
solicit and accept gifts, grants, and donations from any person for | ||
use in placing video cameras in special education classrooms or | ||
other special education settings under this section. | ||
(h) A school district or open-enrollment charter school may | ||
not: | ||
(1) allow regular or continual monitoring of video | ||
recorded under this section; or | ||
(2) use video recorded under this section for teacher | ||
evaluation or for any other purpose other than the promotion of | ||
safety of students receiving special education services in a | ||
special education [ |
||
education setting. | ||
(k) The commissioner may adopt rules to implement and | ||
administer this section, including rules regarding the special | ||
education classrooms and other special education settings to which | ||
this section applies. | ||
(l) A school district or open-enrollment charter school | ||
policy relating to the placement, operation, or maintenance of | ||
video cameras under this section must: | ||
(1) include information on how a person may appeal an | ||
action by the district or school that the person believes to be in | ||
violation of this section or a policy adopted in accordance with | ||
this section, including the appeals process under Section 7.057; | ||
(2) require that the district or school provide a | ||
response to a request made under this section not later than the | ||
seventh school business day after receipt of the request by the | ||
person to whom it must be submitted under Subsection (a-3) that | ||
authorizes the request or states the reason for denying the | ||
request; | ||
(3) except as provided by Subdivision (5), require | ||
that a school or a campus begin operation of a video camera in | ||
compliance with this section not later than the 45th school | ||
business day, or the first school day after the 45th school business | ||
day if that day is not a school day, after the request is authorized | ||
unless the agency grants an extension of time; | ||
(4) permit the parent of a student whose admission, | ||
review, and dismissal committee has determined that the student's | ||
placement for the following school year will be in a special | ||
education classroom or other special education setting in which a | ||
video camera may be placed under this section to make a request for | ||
the video camera by the later of: | ||
(A) the date on which the current school year | ||
ends; or | ||
(B) the 10th school business day after the date | ||
of the placement determination by the admission, review, and | ||
dismissal committee; and | ||
(5) if a request is made by a parent in compliance with | ||
Subdivision (4), unless the agency grants an extension of time, | ||
require that a school or campus begin operation of a video camera in | ||
compliance with this section not later than the later of: | ||
(A) the 10th school day of the fall semester; or | ||
(B) the 45th school business day, or the first | ||
school day after the 45th school business day if that day is not a | ||
school day, after the date the request is made. | ||
(s) This section applies to the placement, operation, and | ||
maintenance of a video camera in a special education | ||
[ |
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during the regular school year and extended school year services. | ||
(t) A video camera placed under this section is not required | ||
to be in operation for the time during which students are not | ||
present in the special education classroom or other special | ||
education setting. | ||
SECTION 2.06. Sections 29.022(u)(3) and (4), Education | ||
Code, are amended to read as follows: | ||
(3) "Special education classroom or other special | ||
education setting" means a classroom or setting primarily used for | ||
delivering special education services to students who spend on | ||
average less than 50 percent of an instructional day in a general | ||
education classroom or setting [ |
||
(4) "Staff member" means a teacher, related service | ||
provider, paraprofessional, counselor, or educational aide | ||
assigned to work in a special education [ |
||
or other special education setting. | ||
SECTION 2.07. Section 29.316(c), Education Code, is amended | ||
to read as follows: | ||
(c) Not later than August 31 of each year, the agency, the | ||
division, and the center jointly shall prepare and post on the | ||
agency's, the division's, and the center's respective Internet | ||
websites a report on the language acquisition of children eight | ||
years of age or younger who are deaf or hard of hearing. The report | ||
must: | ||
(1) include: | ||
(A) existing data reported in compliance with | ||
federal law regarding children with disabilities; and | ||
(B) information relating to the language | ||
acquisition of children who are deaf or hard of hearing and also | ||
have other disabilities; | ||
(2) state for each child: | ||
(A) the percentage of the instructional day | ||
[ |
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education setting [ |
||
(B) the specific language acquisition services | ||
provided to the child, including: | ||
(i) the time spent providing those | ||
services; and | ||
(ii) a description of any hearing | ||
amplification used in the delivery of those services, including: | ||
(a) the type of hearing amplification | ||
used; | ||
(b) the period of time in which the | ||
child has had access to the hearing amplification; and | ||
(c) the average amount of time the | ||
child uses the hearing amplification each day; | ||
(C) the tools or assessments used to assess the | ||
child's language acquisition and the results obtained; | ||
(D) the preferred unique communication mode used | ||
by the child at home; and | ||
(E) the child's age, race, and gender, the age at | ||
which the child was identified as being deaf or hard of hearing, and | ||
any other relevant demographic information the commissioner | ||
determines to likely be correlated with or have an impact on the | ||
child's language acquisition; | ||
(3) compare progress in English literacy made by | ||
children who are deaf or hard of hearing to progress in that subject | ||
made by children of the same age who are not deaf or hard of hearing, | ||
by appropriate age range; and | ||
(4) be redacted as necessary to comply with state and | ||
federal law regarding the confidentiality of student medical or | ||
educational information. | ||
SECTION 2.08. Section 46.003(a), Education Code, is amended | ||
to read as follows: | ||
(a) For each year, except as provided by Sections 46.005 and | ||
46.006, a school district is guaranteed a specified amount per | ||
student in state and local funds for each cent of tax effort, up to | ||
the maximum rate under Subsection (b), to pay the principal of and | ||
interest on eligible bonds issued to construct, acquire, renovate, | ||
or improve an instructional facility. The amount of state support | ||
is determined by the formula: | ||
FYA = (FYL X AE [ |
||
where: | ||
"FYA" is the guaranteed facilities yield amount of state | ||
funds allocated to the district for the year; | ||
"FYL" is the dollar amount guaranteed level of state and | ||
local funds per student per cent of tax effort, which is $35 or a | ||
greater amount for any year provided by appropriation; | ||
"AE" [ |
||
average enrollment [ |
||
48.0055 [ |
||
"BTR" is the district's bond tax rate for the current year, | ||
which is determined by dividing the amount budgeted by the district | ||
for payment of eligible bonds by the quotient of the district's | ||
taxable value of property as determined under Section 48.013 | ||
[ |
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Section 48.258, divided by 100; and | ||
"DPV" is the district's taxable value of property as | ||
determined under Section 48.013 [ |
||
SECTION 2.09. Section 46.005, Education Code, is amended to | ||
read as follows: | ||
Sec. 46.005. LIMITATION ON GUARANTEED AMOUNT. The | ||
guaranteed amount of state and local funds for a new project that a | ||
district may be awarded in any state fiscal biennium under Section | ||
46.003 for a school district may not exceed the lesser of: | ||
(1) the amount the actual debt service payments the | ||
district makes in the biennium in which the bonds are issued; or | ||
(2) the greater of: | ||
(A) $100,000; or | ||
(B) the product of the number of students in | ||
average enrollment [ |
||
$250. | ||
SECTION 2.10. Section 46.006(g), Education Code, is amended | ||
to read as follows: | ||
(g) In this section, "wealth per student" means a school | ||
district's taxable value of property as determined under Section | ||
48.013 [ |
||
applicable, Section 48.258, divided by the district's average | ||
enrollment [ |
||
[ |
||
SECTION 2.11. Section 46.032(a), Education Code, is amended | ||
to read as follows: | ||
(a) Each school district is guaranteed a specified amount | ||
per student in state and local funds for each cent of tax effort to | ||
pay the principal of and interest on eligible bonds. The amount of | ||
state support, subject only to the maximum amount under Section | ||
46.034, is determined by the formula: | ||
EDA = (EDGL X AE [ |
||
where: | ||
"EDA" is the amount of state funds to be allocated to the | ||
district for assistance with existing debt; | ||
"EDGL" is the dollar amount guaranteed level of state and | ||
local funds per student per cent of tax effort, which is the lesser | ||
of: | ||
(1) $40 or a greater amount for any year provided by | ||
appropriation; or | ||
(2) the amount that would result in a total additional | ||
amount of state funds under this subchapter for the current year | ||
equal to $60 million in excess of the state funds to which school | ||
districts would have been entitled under this section if the | ||
guaranteed level amount were $35; | ||
"AE" [ |
||
[ |
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in the district; | ||
"EDTR" is the existing debt tax rate of the district, which is | ||
determined by dividing the amount budgeted by the district for | ||
payment of eligible bonds by the quotient of the district's taxable | ||
value of property as determined under Section 48.013 [ |
||
48.258, divided by 100; and | ||
"DPV" is the district's taxable value of property as | ||
determined under Section 48.013 [ |
||
SECTION 2.12. Section 48.051(a), Education Code, is amended | ||
to read as follows: | ||
(a) For each student in average daily attendance, not | ||
including the time students spend each day in special education | ||
programs in a setting [ |
||
general education setting [ |
||
under Subchapter C, a district is entitled to an allotment equal to | ||
[ |
||
formula: | ||
A = B [ |
||
where: | ||
"A" is the allotment to which a district is entitled; | ||
"B" is the base amount, which equals the greater of: | ||
(1) $6,300; | ||
(2) an amount equal to the district's base amount under | ||
this section for the preceding school year; or | ||
(3) the amount appropriated under Subsection (b); | ||
"TR" is the district's tier one maintenance and operations | ||
tax rate, as provided by Section 45.0032; and | ||
"MCR" is the district's maximum compressed tax rate, as | ||
determined under Section 48.2551. | ||
SECTION 2.13. Section 48.102, Education Code, is amended to | ||
read as follows: | ||
Sec. 48.102. SPECIAL EDUCATION. (a) For each student in | ||
average enrollment [ |
||
program under Subchapter A, Chapter 29, [ |
||
annual allotment equal to the basic allotment, or, if applicable, | ||
the sum of the basic allotment and the allotment under Section | ||
48.101 to which the district is entitled, multiplied by a weight in | ||
an amount set by the legislature in the General Appropriations Act | ||
for the highest tier of intensity of service for which the student | ||
qualifies [ |
||
[ |
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[ |
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[ |
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[ |
||
[ |
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[ |
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[ |
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[ |
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[ |
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(a-1) Notwithstanding Subsection (a), for the 2024-2025 and | ||
2025-2026 school years, the amount of an allotment under this | ||
section shall be determined in accordance with Section 48.1023. | ||
This subsection expires September 1, 2026. | ||
(b) The commissioner by rule shall define seven tiers of | ||
intensity of service for use in determining funding under this | ||
section. The commissioner must include one tier specifically | ||
addressing students receiving special education services in | ||
residential placement [ |
||
(c) [ |
||
[ |
||
[ |
||
[ |
||
[ |
||
governing contracts for residential and day program placement of | ||
[ |
||
(d) [ |
||
[ |
||
section must be used in the special education program under | ||
Subchapter A, Chapter 29. | ||
(e) [ |
||
of students in special education programs, including students in | ||
residential placement [ |
||
restrictive environment appropriate for their educational needs. | ||
(f) [ |
||
program required by federal law for special education students who | ||
may regress is entitled to receive funds in an amount equal to 75 | ||
percent, or a lesser percentage determined by the commissioner, of | ||
the basic allotment, or, if applicable, the sum of the basic | ||
allotment and the allotment under Section 48.101 to which the | ||
district is entitled for each [ |
||
average enrollment [ |
||
designated for the highest tier of intensity of service for which | ||
the student qualifies [ |
||
this section, for each day the program is provided divided by the | ||
number of days in the minimum school year. The total amount of | ||
state funding for extended year services under this section may not | ||
exceed $10 million per year. A school district may use funds | ||
received under this section only in providing an extended year | ||
program. | ||
(g) [ |
||
special education under this section, the commissioner shall | ||
withhold an amount specified in the General Appropriations Act, and | ||
distribute that amount to school districts for programs under | ||
Section 29.014. The program established under that section is | ||
required only in school districts in which the program is financed | ||
by funds distributed under this subsection and any other funds | ||
available for the program. After deducting the amount withheld | ||
under this subsection from the total amount appropriated for | ||
special education, the commissioner shall reduce each district's | ||
allotment proportionately and shall allocate funds to each district | ||
accordingly. | ||
(h) Not later than December 1 of each even-numbered year, | ||
the commissioner shall submit to the Legislative Budget Board, for | ||
purposes of the allotment under this section, proposed weights for | ||
the tiers of intensity of service for the next state fiscal | ||
biennium. | ||
SECTION 2.14. Subchapter C, Chapter 48, Education Code, is | ||
amended by adding Sections 48.1021 and 48.1023 to read as follows: | ||
Sec. 48.1021. SPECIAL EDUCATION SERVICE GROUP ALLOTMENT. | ||
(a) For each six-week period in which a student in a special | ||
education program under Subchapter A, Chapter 29, receives eligible | ||
special education services, a school district is entitled to an | ||
allotment in an amount set by the legislature in the General | ||
Appropriations Act for the service group for which the student is | ||
eligible. | ||
(a-1) Notwithstanding Subsection (a), for the 2024-2025 and | ||
2025-2026 school years, the amount of an allotment under this | ||
section shall be determined in accordance with Section 48.1023. | ||
This subsection expires September 1, 2026. | ||
(b) The commissioner by rule shall establish four service | ||
groups for use in determining funding under this section. In | ||
establishing the groups, the commissioner must consider the level | ||
of services, equipment, and technology required to meet the needs | ||
of students receiving special education services. | ||
(c) A school district is entitled to receive an allotment | ||
under this section for each service group for which a student is | ||
eligible. | ||
(d) A school district is entitled to the full amount of an | ||
allotment under this section for a student receiving eligible | ||
special education services during any part of a six-week period. | ||
(e) At least 55 percent of the funds allocated under this | ||
section must be used for a special education program under | ||
Subchapter A, Chapter 29. | ||
(f) Not later than December 1 of each even-numbered year, | ||
the commissioner shall submit to the Legislative Budget Board, for | ||
purposes of the allotment under this section, proposed amounts of | ||
funding for the service groups for the next state fiscal biennium. | ||
Sec. 48.1023. SPECIAL EDUCATION TRANSITION FUNDING. (a) | ||
For the 2024-2025 and 2025-2026 school years, the commissioner may | ||
adjust weights or amounts provided under Section 48.102 or 48.1021 | ||
as necessary to ensure compliance with requirements regarding | ||
maintenance of state financial support under 20 U.S.C. Section | ||
1412(a)(18) and maintenance of local financial support under | ||
applicable federal law. | ||
(b) For the 2024-2025 and 2025-2026 school years, the | ||
commissioner shall determine the formulas through which school | ||
districts receive funding under Sections 48.102 and 48.1021. In | ||
determining the formulas, the commissioner may combine the methods | ||
of funding under those sections with the method of funding provided | ||
by Section 48.102, as it existed on January 1, 2023. | ||
(c) For the 2026-2027 school year, the commissioner may | ||
adjust the weights or amounts set by the legislature in the General | ||
Appropriations Act for purposes of Section 48.102 or 48.1021. | ||
Before making an adjustment under this subsection, the commissioner | ||
shall notify and must receive approval from the Legislative Budget | ||
Board. | ||
(d) Notwithstanding any other provision of this section, | ||
the sum of funding provided under Sections 48.102 and 48.1021 for | ||
the 2024-2025 or for the 2025-2026 school year as adjusted under | ||
this section may not exceed the sum of: | ||
(1) funding that would have been provided under | ||
Section 48.102, as it existed on January 1, 2023; and | ||
(2) the amount set by the legislature in the General | ||
Appropriations Act. | ||
(e) Each school district and open-enrollment charter school | ||
shall report to the agency information necessary to implement this | ||
section. | ||
(f) The agency shall provide technical assistance to school | ||
districts and open-enrollment charter schools to ensure a | ||
successful transition in funding formulas for special education. | ||
(g) This section expires September 1, 2028. | ||
SECTION 2.15. Section 48.103(c), Education Code, is amended | ||
to read as follows: | ||
(c) A school district may receive funding for a student | ||
under each provision of this section, [ |
||
Section 48.1021 for which [ |
||
SECTION 2.16. Sections 48.104(a), (d), and (e), Education | ||
Code, are amended to read as follows: | ||
(a) For each student who does not have a disability and | ||
resides in a residential placement facility in a district in which | ||
the student's parent or legal guardian does not reside, a district | ||
is entitled to an annual allotment equal to the basic allotment | ||
multiplied by 0.2 or, if the student is educationally | ||
disadvantaged, 0.2755 [ |
||
student who is in a remedial and support program under Section | ||
29.081 because the student is pregnant, a district is entitled to an | ||
annual allotment equal to the basic allotment multiplied by 2.41. | ||
(d) The weights assigned to the five tiers of the index | ||
established under Subsection (c) are, from least to most severe | ||
economic disadvantage, 0.2255 [ |
||
[ |
||
(e) If insufficient data is available for any school year to | ||
evaluate the level of economic disadvantage in a census block | ||
group, a school district is entitled to an annual allotment equal to | ||
the basic allotment multiplied by 0.2255 [ |
||
who is educationally disadvantaged and resides in that census block | ||
group. | ||
SECTION 2.17. Section 48.105(a), Education Code, is amended | ||
to read as follows: | ||
(a) For each student in average enrollment [ |
||
under Subchapter B, Chapter 29, a district is entitled to an annual | ||
allotment equal to the basic allotment multiplied by: | ||
(1) for an emergent bilingual student, as defined by | ||
Section 29.052: | ||
(A) 0.1; or | ||
(B) 0.15 if the student is in a bilingual | ||
education program using a dual language immersion/one-way or | ||
two-way program model; and | ||
(2) for a student not described by Subdivision (1), | ||
0.05 if the student is in a bilingual education program using a dual | ||
language immersion/two-way program model. | ||
SECTION 2.18. Sections 48.106(a) and (a-1), Education Code, | ||
are amended to read as follows: | ||
(a) For each full-time equivalent student in average | ||
enrollment [ |
||
education program in grades 7 through 12, a district is entitled to | ||
an annual allotment equal to the basic allotment[ |
||
applicable, the sum of the basic allotment and the allotment under | ||
Section 48.101 to which the district is entitled, multiplied by: | ||
(1) 0.1 [ |
||
career and technology education courses not in an approved program | ||
of study; | ||
(2) 0.28 [ |
||
levels one and two career and technology education courses in an | ||
approved program of study, as identified by the agency; and | ||
(3) 0.47 [ |
||
levels three and four career and technology education courses in an | ||
approved program of study, as identified by the agency. | ||
(a-1) In addition to the amounts under Subsection (a), for | ||
each student in average enrollment [ |
||
is entitled to $50 for each of the following in which the student is | ||
enrolled: | ||
(1) a campus designated as a P-TECH school under | ||
Section 29.556; or | ||
(2) a campus that is a member of the New Tech Network | ||
and that focuses on project-based learning and work-based | ||
education. | ||
SECTION 2.19. Section 48.107(a), Education Code, is amended | ||
to read as follows: | ||
(a) Except as provided by Subsection (b), for each student | ||
in average enrollment [ |
||
education grant under Subchapter G, Chapter 29, to attend school in | ||
a district other than the district in which the student resides, the | ||
district in which the student attends school is entitled to an | ||
annual allotment equal to the basic allotment multiplied by a | ||
weight of 0.1. | ||
SECTION 2.20. Section 48.108(a), Education Code, is amended | ||
to read as follows: | ||
(a) For each student in average enrollment [ |
||
is entitled to an annual allotment equal to the basic allotment | ||
multiplied by 0.1 if the student is: | ||
(1) educationally disadvantaged; or | ||
(2) an emergent bilingual student, as defined by | ||
Section 29.052, and is in a bilingual education or special language | ||
program under Subchapter B, Chapter 29. | ||
SECTION 2.21. Section 48.109(c), Education Code, is amended | ||
to read as follows: | ||
(c) Not more than five percent of a district's students in | ||
average enrollment [ |
||
under this section. | ||
SECTION 2.22. Subchapter C, Chapter 48, Education Code, is | ||
amended by adding Section 48.119 to read as follows: | ||
Sec. 48.119. BOOK SAFETY ALLOTMENT. (a) For each student | ||
in average enrollment, a school district is entitled to an annual | ||
allotment of $3 or a greater amount provided by appropriation. | ||
(b) Funds allocated under this section may be used only to | ||
ensure that school library books and related materials meet the | ||
standards adopted under Section 33.021. | ||
(c) The agency shall adopt a list of approved vendors at | ||
which a school district may spend funds allocated under this | ||
section for the purpose described by Subsection (b). | ||
SECTION 2.23. Section 48.153, Education Code, is amended to | ||
read as follows: | ||
Sec. 48.153. DROPOUT RECOVERY SCHOOL AND RESIDENTIAL | ||
PLACEMENT FACILITY ALLOTMENT. A school district or open-enrollment | ||
charter school is entitled to $275 for each student in average | ||
enrollment [ |
||
(1) resides in a residential placement facility; or | ||
(2) is at a district or school or a campus of the | ||
district or school that is designated as a dropout recovery school | ||
under Section 39.0548. | ||
SECTION 2.24. Section 48.257, Education Code, is amended by | ||
amending Subsection (a) and adding Subsection (b-1) to read as | ||
follows: | ||
(a) Subject to Subsection (b) and except as provided by | ||
Subsection (b-1), if a school district's tier one local share under | ||
Section 48.256 exceeds the district's entitlement under Section | ||
48.266(a)(1) less the district's distribution from the state | ||
available school fund, the district must reduce the district's tier | ||
one revenue level in accordance with Chapter 49 to a level not to | ||
exceed the district's entitlement under Section 48.266(a)(1) less | ||
the district's distribution from the state available school fund. | ||
(b-1) This subsection applies only to a school district to | ||
which Subsection (a) applies, that received an allotment under | ||
Section 48.277 for the 2023-2024 school year, and that adopts a | ||
maintenance and operations tax rate for the current school year | ||
equal to or greater than the sum of the district's maximum | ||
compressed tax rate, as determined under Section 48.2551, and five | ||
cents. Notwithstanding Subsection (a), if, after reducing the tier | ||
one revenue level of a school district to which this subsection | ||
applies as required under Subsection (a), the maintenance and | ||
operations revenue per student in average daily attendance of the | ||
district for a school year would be less than the maintenance and | ||
operations revenue per student in average daily attendance | ||
available to the district for the 2023-2024 school year, excluding | ||
any funding provided to the district under Sections 48.279 and | ||
48.281, the agency shall adjust the amount of the reduction | ||
required in the district's tier one revenue level under Subsection | ||
(a) up to the amount of local funds necessary to provide the | ||
district with the amount of maintenance and operations revenue per | ||
student in average daily attendance available to the district for | ||
the 2023-2024 school year. | ||
SECTION 2.25. Section 48.279(e), Education Code, is | ||
amended to read as follows: | ||
(e) After the commissioner has replaced any withheld | ||
federal funds as provided by Subsection (d), the commissioner shall | ||
distribute the remaining amount, if any, of funds described by | ||
Subsection (a) to proportionately increase funding for the special | ||
education allotment under Section 48.102 and the special education | ||
service group allotment under Section 48.1021. | ||
SECTION 2.26. This article takes effect September 1, 2024. | ||
ARTICLE 3. CHANGES EFFECTIVE FOR 2025-2026 SCHOOL YEAR | ||
SECTION 3.01. Section 48.051, Education Code, is amended by | ||
adding Subsection (a-1) to read as follows: | ||
(a-1) Notwithstanding Subsection (a), for the second year | ||
of each state fiscal biennium, the commissioner shall adjust the | ||
value of "B" under that subsection for the preceding state fiscal | ||
year by a factor equal to the average annual percentage increase, if | ||
any, in the Texas Consumer Price Index for the preceding 10 years. | ||
SECTION 3.02. Subchapter D, Chapter 49, Education Code, is | ||
amended by adding Section 49.1541 to read as follows: | ||
Sec. 49.1541. CREDIT FOR PREPAYMENT. (a) The total amount | ||
required under Section 49.153 for a school district to purchase | ||
attendance credit under this subchapter for any school year is | ||
reduced by four percent if the district: | ||
(1) elects to pay for credit purchased in the manner | ||
provided by Section 49.154(a)(2); and | ||
(2) pays the total amount required to be paid by the | ||
district not later than February 15 of the school year for which the | ||
agreement is in effect. | ||
(b) A reduction under Subsection (a) shall be made after | ||
making any reduction to which the district is entitled under | ||
Section 49.157 or another provision of this chapter. | ||
SECTION 3.03. This article takes effect September 1, 2025. |