Bill Text: TX HB1119 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the public school finance system and to the salary paid to certain professional staff employed by public schools.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-02-26 - Referred to Public Education [HB1119 Detail]
Download: Texas-2019-HB1119-Introduced.html
86R4827 MM-D | ||
By: White | H.B. No. 1119 |
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relating to the public school finance system and to the salary paid | ||
to certain professional staff employed by public schools. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 7.062(c), Education Code, is amended to | ||
read as follows: | ||
(c) Except as otherwise provided by this subsection, if the | ||
commissioner certifies that the amount appropriated for a state | ||
fiscal year for purposes of Subchapters A and B, Chapter 46, exceeds | ||
the amount to which school districts are entitled under those | ||
subchapters for that year, the commissioner shall use the excess | ||
funds, in an amount not to exceed $20 million in any state fiscal | ||
year, for the purpose of making grants under this section. The use | ||
of excess funds under this subsection has priority over any | ||
provision of Chapter 42 that permits or directs the use of excess | ||
foundation school program funds, including Sections [ |
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42.2521, 42.2522, and 42.2531. The commissioner is required to use | ||
excess funds as provided by this subsection only if the | ||
commissioner is not required to reduce the total amount of state | ||
funds allocated to school districts under Section 42.253(h). | ||
SECTION 2. 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 a gifted and | ||
talented program and each program that qualifies for a funding | ||
allotment under Section 42.151, 42.152, or 42.153[ |
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(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 3. Section 12.106(a-1), Education Code, is amended | ||
to read as follows: | ||
(a-1) In determining funding for an open-enrollment charter | ||
school under Subsection (a): | ||
(1) the adjustment [ |
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the average adjustment for the state that would have been provided | ||
under that section as it existed on January 1, 2018; and | ||
(2) the adjustment under Section 42.105 is based on | ||
the average adjustment for the state. | ||
SECTION 4. Section 21.402, Education Code, is amended by | ||
adding Subsection (e) to read as follows: | ||
(e) Notwithstanding Subsections (a) and (b), for each | ||
school year, every full-time classroom teacher, full-time | ||
librarian, full-time school counselor certified under Subchapter | ||
B, or full-time school nurse is entitled to a monthly salary that is | ||
at least equal to the greater of: | ||
(1) the minimum monthly salary determined under | ||
Subsection (a) or (c-1); | ||
(2) the monthly salary the teacher, librarian, | ||
counselor, or nurse would have received for the applicable school | ||
year under the district's salary schedule for the 2018-2019 school | ||
year, if that schedule had been in effect for the applicable school | ||
year, including any local supplement and any money representing any | ||
other supplement the teacher, librarian, counselor, or nurse would | ||
have received in the applicable school year; or | ||
(3) the annual salary allotment under Section 21.4023 | ||
divided by 10. | ||
SECTION 5. Subchapter I, Chapter 21, Education Code, is | ||
amended by adding Section 21.4023 to read as follows: | ||
Sec. 21.4023. SALARY ALLOTMENT FOR CERTAIN PROFESSIONAL | ||
STAFF. (a) Subject to adjustment under Subsection (b), every | ||
full-time classroom teacher, full-time librarian, full-time school | ||
counselor certified under Subchapter B, or full-time school nurse | ||
is entitled to an annual salary allotment in the amount of $45,000. | ||
(b) Beginning with the 2020-2021 school year, the salary | ||
allotment provided to a district under Subsection (a) is adjusted | ||
annually to increase the allotment by the greater of: | ||
(1) one percent of the amount of the allotment for the | ||
preceding school year; or | ||
(2) the amount that results from applying the | ||
inflation rate, as determined by the comptroller on the basis of | ||
changes in the United States Bureau of Labor Statistics Consumer | ||
Price Index for All Urban Consumers, to the allotment for the | ||
preceding school year. | ||
(c) The commissioner may adopt rules as necessary to | ||
implement this section. | ||
SECTION 6. 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[ |
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42.151(a). | ||
SECTION 7. Section 41.034(a), Education Code, is amended to | ||
read as follows: | ||
(a) For the first and second school years after creation of | ||
a consolidated district under this subchapter, the commissioner | ||
shall adjust allotments to the consolidated district to the extent | ||
necessary to preserve the effects of an adjustment under Section | ||
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districts would have been entitled but for the consolidation. | ||
SECTION 8. Section 42.007(c), Education Code, is amended to | ||
read as follows: | ||
(c) The funding elements must include: | ||
(1) a basic allotment for the purposes of Section | ||
42.101 that, when combined with the guaranteed yield component | ||
provided by Subchapter F, represents the cost per student of a | ||
regular education program that meets all mandates of law and | ||
regulation; | ||
(2) [ |
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other funding elements for the programs authorized under Subchapter | ||
C, with the program funding level expressed as dollar amounts and as | ||
weights applied to the basic allotment or adjusted [ |
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allotment, as applicable, for the appropriate year; | ||
(3) [ |
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state and local funds per student for the purposes of Subchapter F; | ||
(4) [ |
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under Subchapter F; | ||
(5) [ |
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average daily attendance under Section 42.302; and | ||
(6) [ |
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facilities assistance program under Chapter 46. | ||
SECTION 9. Section 42.101, Education Code, is amended by | ||
amending Subsection (a) and adding Subsection (a-3) to read as | ||
follows: | ||
(a) Subject to adjustment under Subsection (a-3), for [ |
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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 the lesser of $4,765 or the amount that results from the | ||
following formula: | ||
A = $4,765 X (DCR/MCR) | ||
where: | ||
"A" is the allotment to which a district is entitled; | ||
"DCR" is the district's compressed tax rate, which is the | ||
product of the state compression percentage, as determined under | ||
Section 42.2516, multiplied by the maintenance and operations tax | ||
rate adopted by the district for the 2005 tax year; and | ||
"MCR" is the state maximum compressed tax rate, which is the | ||
product of the state compression percentage, as determined under | ||
Section 42.2516, multiplied by $1.50. | ||
(a-3) Beginning with the 2020-2021 school year, the basic | ||
allotment provided to a district under Subsection (a) or (b) is | ||
adjusted annually to increase the allotment by the greater of: | ||
(1) one percent of the amount of the allotment for the | ||
preceding school year; or | ||
(2) the amount that results from applying the | ||
inflation rate, as determined by the comptroller on the basis of | ||
changes in the United States Bureau of Labor Statistics Consumer | ||
Price Index for All Urban Consumers, to the allotment for the | ||
preceding school year. | ||
SECTION 10. Section 42.103(a), Education Code, is amended | ||
to read as follows: | ||
(a) The basic allotment for certain small and mid-sized | ||
districts is adjusted in accordance with this section. In this | ||
section: | ||
(1) "AA" is the district's adjusted allotment per | ||
student; | ||
(2) "ADA" is the number of students in average daily | ||
attendance for which the district is entitled to an allotment under | ||
Section 42.101; and | ||
(3) "BA [ |
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determined under Section 42.101 [ |
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SECTION 11. Sections 42.103(b), (c), and (d), Education | ||
Code, as effective until September 1, 2023, are amended to read as | ||
follows: | ||
(b) The basic allotment of a school district that contains | ||
at least 300 square miles and has not more than 1,600 students in | ||
average daily attendance is adjusted by applying the formula: | ||
AA = (1 + ((1,600 - ADA) X .0004)) X BA [ |
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(c) The basic allotment of a school district that contains | ||
less than 300 square miles and has not more than 1,600 students in | ||
average daily attendance is adjusted by applying the following | ||
formulas: | ||
(1) for the fiscal year beginning September 1, 2018: | ||
AA = (1 + ((1,600 - ADA) X .000275)) X ABA; | ||
(2) for the fiscal year beginning September 1, 2019: | ||
AA = (1 + ((1,600 - ADA) X .00030)) X BA [ |
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(3) for the fiscal year beginning September 1, 2020: | ||
AA = (1 + ((1,600 - ADA) X .000325)) X BA [ |
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(4) for the fiscal year beginning September 1, 2021: | ||
AA = (1 + ((1,600 - ADA) X .00035)) X BA [ |
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(5) for the fiscal year beginning September 1, 2022: | ||
AA = (1 + ((1,600 - ADA) X .000375)) X BA [ |
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(d) The basic allotment of a school district that offers a | ||
kindergarten through grade 12 program and has less than 5,000 | ||
students in average daily attendance is adjusted by applying the | ||
formula, of the following formulas, that results in the greatest | ||
adjusted allotment: | ||
(1) the formula in Subsection (b) or (c) for which the | ||
district is eligible; or | ||
(2) AA = (1 + ((5,000 - ADA) X .000025)) X BA [ |
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SECTION 12. Sections 42.103(b) and (d), Education Code, as | ||
effective September 1, 2023, are amended to read as follows: | ||
(b) The basic allotment of a school district that has not | ||
more than 1,600 students in average daily attendance is adjusted by | ||
applying the formula: | ||
AA = (1 + ((1,600 - ADA) X .0004)) X BA [ |
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(d) The basic allotment of a school district that offers a | ||
kindergarten through grade 12 program and has less than 5,000 | ||
students in average daily attendance is adjusted by applying the | ||
formula, of the following formulas, that results in the greatest | ||
adjusted allotment: | ||
(1) the formula in Subsection (b), if the district is | ||
eligible for that formula; or | ||
(2) AA = (1 + ((5,000 - ADA) X .000025)) X BA [ |
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SECTION 13. Sections 42.105(a) and (c), Education Code, are | ||
amended to read as follows: | ||
(a) Notwithstanding Sections 42.101[ |
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a school district that has fewer than 130 students in average daily | ||
attendance shall be provided funding [ |
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on the basis of 130 students in average daily attendance if it | ||
offers a kindergarten through grade 12 program and has preceding or | ||
current year's average daily attendance of at least 90 students or | ||
is 30 miles or more by bus route from the nearest high school | ||
district. A district offering a kindergarten through grade 8 | ||
program whose preceding or current year's average daily attendance | ||
was at least 50 students or which is 30 miles or more by bus route | ||
from the nearest high school district shall be provided funding [ |
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daily attendance. An average daily attendance of 60 students shall | ||
be the basis of providing funding [ |
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a district offers a kindergarten through grade 6 program and has | ||
preceding or current year's average daily attendance of at least 40 | ||
students or is 30 miles or more by bus route from the nearest high | ||
school district. | ||
(c) Notwithstanding Subsection (a) or Sections 42.101[ |
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applies, as provided by Subsection (b), that has fewer than 130 | ||
students in average daily attendance shall be provided funding [ |
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daily attendance if it offers a kindergarten through grade four | ||
program and has preceding or current year's average daily | ||
attendance of at least 75 students or is 30 miles or more by bus | ||
route from the nearest high school district. | ||
SECTION 14. Sections 42.151(a) and (k), Education Code, are | ||
amended to read as follows: | ||
(a) For each student in average daily attendance in a | ||
special education program under Subchapter A, Chapter 29, in a | ||
mainstream instructional arrangement, a school district is | ||
entitled to an annual allotment equal to the basic allotment or | ||
adjusted [ |
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each full-time equivalent student in average daily attendance in a | ||
special education program under Subchapter A, Chapter 29, in an | ||
instructional arrangement other than a mainstream instructional | ||
arrangement, a district is entitled to an annual allotment equal to | ||
the basic allotment or adjusted [ |
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multiplied by a weight determined according to instructional | ||
arrangement as follows: | ||
Homebound5.0 | ||
Hospital class3.0 | ||
Speech therapy5.0 | ||
Resource room3.0 | ||
Self-contained, mild and moderate, | ||
regular campus3.0 | ||
Self-contained, severe, regular campus3.0 | ||
Off home campus2.7 | ||
Nonpublic day school1.7 | ||
Vocational adjustment class2.3 | ||
(k) A school district that provides an extended year 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 [ |
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applicable, for each full-time equivalent student in average daily | ||
attendance, multiplied by the amount designated for the student's | ||
instructional arrangement under 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. | ||
SECTION 15. Section 42.152(a), Education Code, is amended | ||
to read as follows: | ||
(a) For each student who is educationally disadvantaged or | ||
who is a 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 or adjusted | ||
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2.41 for each full-time equivalent student who is in a remedial and | ||
support program under Section 29.081 because the student is | ||
pregnant. | ||
SECTION 16. Section 42.153(a), Education Code, is amended | ||
to read as follows: | ||
(a) For each student in average daily attendance in a | ||
bilingual education or special language program under Subchapter B, | ||
Chapter 29, a district is entitled to an annual allotment equal to | ||
the basic allotment or adjusted [ |
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multiplied by 0.2 [ |
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SECTION 17. Section 42.154(a), Education Code, is amended | ||
to read as follows: | ||
(a) For each full-time equivalent student in average daily | ||
attendance in an approved career and technology education program | ||
in grades nine through 12 or in career and technology education | ||
programs for students with disabilities in grades seven through 12, | ||
a district is entitled to: | ||
(1) an annual allotment equal to the basic allotment | ||
or adjusted [ |
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weight of 1.35; and | ||
(2) $50, if the student is enrolled in two or more | ||
advanced career and technology education classes for a total of | ||
three or more credits. | ||
SECTION 18. Section 42.157(a), Education Code, is amended | ||
to read as follows: | ||
(a) Except as provided by Subsection (b), for each student | ||
in average daily attendance who is using a public 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 or adjusted [ |
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applicable, multiplied by a weight of 0.1. | ||
SECTION 19. Section 42.160(a), Education Code, is amended | ||
to read as follows: | ||
(a) A school district is entitled to an annual allotment of | ||
$175 [ |
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through 12 in the district. | ||
SECTION 20. Subchapter E, Chapter 42, Education Code, is | ||
amended by adding Section 42.25131 to read as follows: | ||
Sec. 42.25131. ADDITIONAL STATE AID OR CREDIT AGAINST COST | ||
OF ATTENDANCE CREDITS FOR CERTAIN PROFESSIONAL STAFF SALARY | ||
ALLOTMENT. (a) For each school year, a school district, including | ||
a school district that is otherwise ineligible for state aid under | ||
this chapter, is entitled to state aid in an amount equal to the | ||
product of the salary allotment under Section 21.4023 multiplied by | ||
the number of full-time classroom teachers, full-time librarians, | ||
full-time school counselors certified under Subchapter B, and | ||
full-time school nurses employed by the district. | ||
(b) A school district shall use the amount received under | ||
this section to provide the salary allotments for full-time | ||
classroom teachers, full-time librarians, full-time school | ||
counselors certified under Subchapter B, and full-time school | ||
nurses required under Section 21.4023. | ||
(c) A school district that is required to take action under | ||
Chapter 41 to reduce its wealth per student to the equalized wealth | ||
level is entitled to a credit, in the amount of state aid to which | ||
the district is entitled under this section, against the total | ||
amount required under Section 41.093 for the district to purchase | ||
attendance credits. | ||
(d) The commissioner may adopt rules to implement this | ||
section. | ||
SECTION 21. Section 42.302(a), Education Code, is 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 | ||
42.303, 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, less any allotment | ||
to the district for transportation and[ |
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Section 42.158 or 42.160, [ |
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"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 | ||
Subchapter M, Chapter 403, Government Code, or, if applicable, | ||
under Section 42.2521, 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 Subchapter M, Chapter 403, Government Code, or, if | ||
applicable, under Section 42.2521, divided by 100. | ||
SECTION 22. Section 322.008(b), Government Code, is amended | ||
to read as follows: | ||
(b) The general appropriations bill may include for | ||
purposes of information the funding elements computed by the | ||
Legislative Budget Board under Section 42.007, Education Code[ |
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included, the funding elements under Section 42.007(c)(2) | ||
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per pupil. | ||
SECTION 23. Section 825.405(b), Government Code, is amended | ||
to read as follows: | ||
(b) For purposes of this section: | ||
(1) the statutory minimum salary for certain school | ||
personnel under Section 21.402, Education Code, is the salary | ||
provided by that section multiplied by the cost of education index | ||
adjustment adopted by the foundation school fund budget committee | ||
and contained in 19 T.A.C. Chapter 203 as that chapter existed on | ||
March 26, 1997, applicable [ |
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to the district in which the member is employed; and | ||
(2) the statutory minimum salary for members who would | ||
have been entitled to the minimum salary for certain school | ||
personnel under former Section 16.056, Education Code, as that | ||
section existed on January 1, 1995, is a minimum salary computed in | ||
the same manner as the minimum salary for certain school personnel | ||
under Section 21.402, Education Code, multiplied by the cost of | ||
education index adjustment adopted by the foundation school fund | ||
budget committee and contained in 19 T.A.C. Chapter 203 as that | ||
chapter existed on March 26, 1997, applicable [ |
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employed. | ||
SECTION 24. The following sections of the Education Code | ||
are repealed: | ||
(1) Section 42.102; | ||
(2) Section 42.104; | ||
(3) Section 42.156; and | ||
(4) Section 42.2517. | ||
SECTION 25. This Act takes effect September 1, 2019. |