Bill Text: TX HB1525 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to the public school finance system and public education.
Spectrum: Bipartisan Bill
Status: (Passed) 2021-06-16 - See remarks for effective date [HB1525 Detail]
Download: Texas-2021-HB1525-Enrolled.html
H.B. No. 1525 |
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relating to the public school finance system and public education. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. 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 [ |
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allotment under Section 48.102, 48.104, [ |
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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 2. Section 11.156, Education Code, is amended by | ||
adding Subsections (c) and (d) to read as follows: | ||
(c) A school district shall: | ||
(1) accept from a parent-teacher organization or | ||
association recognized by the district a donation designated to | ||
fund supplemental educational staff positions at a school campus; | ||
and | ||
(2) spend the donation accepted under Subdivision (1) | ||
for the designated purpose at the direction of and within the time | ||
period specified by the school campus for which the donation was | ||
designated. | ||
(d) Subsection (c) and this subsection expire September 1, | ||
2025. | ||
SECTION 3. Section 12.106, Education Code, is amended by | ||
adding Subsections (a-5) and (a-6) to read as follows: | ||
(a-5) To ensure compliance with the requirements for the | ||
maintenance of state financial support for special education under | ||
20 U.S.C. Section 1412(a)(18), in determining the funding for an | ||
open-enrollment charter school under Subsection (a) for the Section | ||
48.102 allotment, the commissioner shall: | ||
(1) if necessary, increase the amount of that | ||
allotment to an amount equal to the amount the charter holder was | ||
entitled to receive for the charter school under the allotment | ||
under former Section 42.151, Education Code, for the 2018-2019 | ||
school year; and | ||
(2) reduce the amount of the allotment the charter | ||
holder is entitled to receive for the charter school under | ||
Subsection (a-2) by the amount of any increase provided for the | ||
charter school under Subdivision (1). | ||
(a-6) Subsection (a-5) and this subsection expire September | ||
1, 2025. | ||
SECTION 4. Sections 12.133(b), (b-1), and (c), Education | ||
Code, are amended to read as follows: | ||
(b) Each school year, [ |
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holder that participated in the program under Chapter 1579, | ||
Insurance Code, for the 2005-2006 school year shall provide | ||
employees of the charter holder, other than administrators, | ||
compensation in the form of annual salaries, incentives, or other | ||
compensation determined appropriate by the charter holder that | ||
results in an average compensation increase for classroom teachers, | ||
full-time librarians, full-time school counselors, and full-time | ||
school nurses who are employed by the charter holder and who would | ||
be entitled to a minimum salary under Section 21.402 if employed by | ||
a school district, in an amount at least equal to $2,500. | ||
(b-1) A [ |
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participated in the program under Chapter 1579, Insurance Code, for | ||
the 2005-2006 school year shall provide employees of the charter | ||
holder, other than administrators, compensation in the form of | ||
annual salaries, incentives, or other compensation determined | ||
appropriate by the charter holder that results in average | ||
compensation increases as follows: | ||
(1) for full-time employees other than employees who | ||
would be entitled to a minimum salary under Section 21.402 if | ||
employed by a school district, an average increase at least equal to | ||
$500; and | ||
(2) for part-time employees, an average increase at | ||
least equal to $250. | ||
(c) Each school year, [ |
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holder that did not participate in the program under Chapter 1579, | ||
Insurance Code, for the 2005-2006 school year shall provide | ||
employees of the charter holder, other than administrators, | ||
compensation in the form of annual salaries, incentives, or other | ||
compensation determined appropriate by the charter holder that | ||
results in an average compensation increase for classroom teachers, | ||
full-time librarians, full-time school counselors, and full-time | ||
school nurses who are employed by the charter holder and who would | ||
be entitled to a minimum salary under Section 21.402 if employed by | ||
a school district, in an amount at least equal to $2,000. | ||
SECTION 5. Section 21.3521(a), Education Code, is amended | ||
to read as follows: | ||
(a) Subject to Subsection (b), a school district or | ||
open-enrollment charter school may designate a [ |
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classroom teacher as a master, exemplary, or recognized teacher for | ||
a five-year period based on the results from single year or | ||
multiyear appraisals that comply with Section 21.351 or 21.352. | ||
SECTION 6. Section 22.092(d), Education Code, is amended to | ||
read as follows: | ||
(d) The agency shall provide [ |
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section to: | ||
(1) private schools; | ||
(2) public schools; and | ||
(3) nonprofit teacher organizations approved by the | ||
commissioner for the purpose of participating in the tutoring | ||
program established under Section 33.913. | ||
SECTION 7. Section 28.004, Education Code, is amended by | ||
amending Subsections (d-1), (h), (i), (i-1), and (j) and adding | ||
Subsections (d-2), (e-1), (e-2), (e-3), (i-2), (i-3), (j-1), and | ||
(p) to read as follows: | ||
(d-1) The local school health advisory council shall meet at | ||
least four times each year. For each meeting, the council shall: | ||
(1) at least 72 hours before the meeting: | ||
(A) post notice of the date, hour, place, and | ||
subject of the meeting on a bulletin board in the central | ||
administrative office of each campus in the school district; and | ||
(B) ensure that the notice required under | ||
Paragraph (A) is posted on the district's Internet website, if the | ||
district has an Internet website; | ||
(2) prepare and maintain minutes of the meeting that | ||
state the subject and content of each deliberation and each vote, | ||
order, decision, or other action taken by the council during the | ||
meeting; | ||
(3) make an audio or video recording of the meeting; | ||
and | ||
(4) not later than the 10th day after the meeting, | ||
submit the minutes and audio or video recording of the meeting to | ||
the district. | ||
(d-2) As soon as practicable after receipt of the minutes | ||
and audio or video recording under Subsection (d-1)(4), the school | ||
district shall post the minutes and audio or video recording on the | ||
district's Internet website, if the district has an Internet | ||
website. | ||
(e-1) The board of trustees shall adopt a policy | ||
establishing a process for the adoption of curriculum materials for | ||
the school district's human sexuality instruction. The policy must | ||
require: | ||
(1) the board to adopt a resolution convening the | ||
local school health advisory council for the purpose of making | ||
recommendations regarding the curriculum materials; | ||
(2) the local school health advisory council to: | ||
(A) after the board's adoption of the resolution | ||
under Subdivision (1), hold at least two public meetings on the | ||
curriculum materials before adopting recommendations; and | ||
(B) provide the recommendations adopted under | ||
Paragraph (A) to the board at a public meeting of the board; and | ||
(3) the board, after receipt of the local school | ||
health advisory council's recommendations under Subdivision (2), | ||
to take action on the adoption of the recommendations by a record | ||
vote at a public meeting. | ||
(e-2) Curriculum materials proposed to be adopted for the | ||
school district's human sexuality instruction must be made | ||
available as provided by Subsection (j)(1) or (2)(A) or (C), as | ||
applicable. | ||
(e-3) Before adopting curriculum materials for the school | ||
district's human sexuality instruction, the board of trustees shall | ||
ensure that the curriculum materials are: | ||
(1) based on the advice of the local school health | ||
advisory council; | ||
(2) suitable for the subject and grade level for which | ||
the curriculum materials are intended; and | ||
(3) reviewed by academic experts in the subject and | ||
grade level for which the curriculum materials are intended. | ||
(h) The board of trustees shall determine the specific | ||
content of the district's instruction in human sexuality, in | ||
accordance with this section [ |
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(i) Before each school year, a school district shall provide | ||
written notice to a parent of each student enrolled in the district | ||
of the board of trustees' decision regarding whether the district | ||
will provide human sexuality instruction to district students. If | ||
instruction will be provided, the notice must include: | ||
(1) a [ |
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instruction [ |
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(2) a detailed description of the content of the | ||
district's human sexuality instruction and a general schedule on | ||
which the instruction will be provided; | ||
(3) a statement of the parent's right to: | ||
(A) at the parent's discretion, review or | ||
purchase a copy of curriculum materials as provided by Subsection | ||
(j); [ |
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(B) remove the student from any part of the | ||
district's human sexuality instruction without subjecting the | ||
student to any disciplinary action, academic penalty, or other | ||
sanction imposed by the district or the student's school; and | ||
(C) use the grievance procedure as provided by | ||
Subsection (i-1) or the appeals process under Section 7.057 | ||
concerning a complaint of a violation of this section; | ||
(4) a statement that any curriculum materials in the | ||
public domain used for the district's human sexuality instruction | ||
must be posted on the district's Internet website, if the district | ||
has an Internet website, and the Internet website address at which | ||
the curriculum materials are located; and | ||
(5) [ |
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for parental involvement in the development of the curriculum to be | ||
used in human sexuality instruction, including information | ||
regarding the local school health advisory council established | ||
under Subsection (a). | ||
(i-1) A parent may use the grievance procedure adopted under | ||
Section 26.011 concerning a complaint of a violation of this | ||
section [ |
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(i-2) Before a student may be provided with human sexuality | ||
instruction, a school district must obtain the written consent of | ||
the student's parent. A request for written consent under this | ||
subsection: | ||
(1) may not be included with any other notification or | ||
request for written consent provided to the parent, other than the | ||
notice provided under Subsection (i); and | ||
(2) must be provided to the parent not later than the | ||
14th day before the date on which the human sexuality instruction | ||
begins. | ||
(i-3) Subsection (i-2) and this subsection expire August 1, | ||
2024. | ||
(j) A school district shall make all curriculum materials | ||
used in the district's human sexuality instruction available by: | ||
(1) for curriculum materials in the public domain: | ||
(A) providing a copy of the curriculum materials | ||
by mail or e-mail to a parent of a student enrolled in the district | ||
on the parent's request; and | ||
(B) posting the curriculum materials on the | ||
district's Internet website, if the district has an Internet | ||
website; and | ||
(2) for copyrighted curriculum materials, allowing a | ||
parent of a student enrolled in the district to: | ||
(A) review the curriculum materials at the | ||
student's campus at any time during regular business hours; | ||
(B) purchase a copy of the curriculum materials | ||
from the publisher as provided by the district's purchase agreement | ||
for the curriculum materials under Subsection (j-1); or | ||
(C) review the curriculum materials online | ||
through a secure electronic account in a manner that prevents the | ||
curriculum materials from being copied and that otherwise complies | ||
with copyright law [ |
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(j-1) If a school district purchases from a publisher | ||
copyrighted curriculum materials for use in the district's human | ||
sexuality instruction, the district shall ensure that the purchase | ||
agreement provides for a means by which a parent of a student | ||
enrolled in the district may purchase a copy of the curriculum | ||
materials from the publisher at a price that does not exceed the | ||
price per unit paid by the district for the curriculum materials. | ||
(p) In this section: | ||
(1) "Curriculum materials" includes the curriculum, | ||
teacher training materials, and any other materials used in | ||
providing instruction. | ||
(2) "Human sexuality instruction," "instruction in | ||
human sexuality," and "instruction relating to human sexuality" | ||
include instruction in reproductive health. | ||
SECTION 8. Section 28.0062(a), Education Code, is amended | ||
to read as follows: | ||
(a) Each school district and open-enrollment charter school | ||
shall: | ||
(1) provide for the use of a phonics curriculum that | ||
uses systematic direct instruction in kindergarten through third | ||
grade to ensure all students obtain necessary early literacy | ||
skills; | ||
(2) ensure that: | ||
(A) not later than the 2022-2023 [ |
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school year, each classroom teacher in kindergarten or first, | ||
second, or third grade and each principal at a campus with | ||
kindergarten or first, second, or third grade has attended a | ||
teacher literacy achievement academy developed under Section | ||
21.4552; and | ||
(B) each classroom teacher and each principal | ||
initially employed in a grade level or at a campus described by | ||
Paragraph (A) for the 2022-2023 [ |
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subsequent school year has attended a teacher literacy achievement | ||
academy developed under Section 21.4552 by the end of [ |
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teacher's or principal's first year of placement in that grade level | ||
or campus; and | ||
(3) certify to the agency that the district or school: | ||
(A) prioritizes placement of highly effective | ||
teachers in kindergarten through second grade; and | ||
(B) has integrated reading instruments used to | ||
diagnose reading development and comprehension to support each | ||
student in prekindergarten through third grade. | ||
SECTION 9. Section 29.026, Education Code, is amended by | ||
amending Subsections (c), (h), (k), and (o) and adding Subsection | ||
(l-1) to read as follows: | ||
(c) A program is eligible for a grant under this section if | ||
the program: | ||
(1) [ |
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[ |
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(A) evidence-based and research-based design; | ||
(B) the use of empirical data on student | ||
achievement and improvement; | ||
(C) parental support and collaboration; | ||
(D) the use of technology; | ||
(E) meaningful inclusion; and | ||
(F) the ability to replicate the program for | ||
students statewide; and | ||
(2) [ |
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to students with autism[ |
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(h) [ |
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this section, the commissioner shall prioritize programs that are | ||
collaborations between multiple school districts, multiple charter | ||
schools, or school districts and charter schools. The selected | ||
programs must reflect the diversity of this state. | ||
(k) The commissioner shall use [ |
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otherwise available [ |
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grants under this section. [ |
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(l-1) A regional education service center may administer | ||
grants awarded under this section. | ||
(o) This section expires September 1, 2023 [ |
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SECTION 10. Section 29.027, Education Code, is amended to | ||
read as follows: | ||
Sec. 29.027. GRANT PROGRAM PROVIDING TRAINING IN [ |
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commissioner shall establish a program to award grants to school | ||
districts and open-enrollment charter schools to increase local | ||
capacity to appropriately serve [ |
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(b) A school district, including a school district acting | ||
through a district charter issued under Subchapter C, Chapter 12, | ||
or [ |
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school that primarily serves students with disabilities, as | ||
provided under Section 12.1014, is eligible to [ |
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grant under this section[ |
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[ |
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if the district or school submits to the commissioner a proposal on | ||
the use of grant funds that: | ||
(1) [ |
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and | ||
(2) increases local capacity to appropriately serve | ||
students with dyslexia by providing: | ||
(A) high-quality training to classroom teachers | ||
and administrators in meeting the needs of students with dyslexia; | ||
or | ||
(B) training to intervention staff resulting in | ||
appropriate credentialing related to dyslexia [ |
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(c) [ |
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stakeholders, including parents of students with disabilities, to | ||
provide assistance in the selection of applications for the award | ||
of grants under this section. | ||
(d) [ |
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[ |
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[ |
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the 2021-2022 [ |
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(e) [ |
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open-enrollment charter school under this section is in addition to | ||
the Foundation School Program funds that the district or charter | ||
school is otherwise entitled to receive. A grant awarded under this | ||
section may not come out of Foundation School Program funds. | ||
(f) [ |
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appropriated or otherwise available [ |
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(g) [ |
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[ |
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donations from any public or private source, person, or group to | ||
implement and administer the grant [ |
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any grant recipient [ |
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require any financial contribution from parents to implement and | ||
administer the grant [ |
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(h) A regional education service center may administer | ||
grants awarded under this section. | ||
(i) [ |
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SECTION 11. Section 29.153(d-1), Education Code, is amended | ||
to read as follows: | ||
(d-1) A district may not receive an exemption under | ||
Subsection (d) unless the district has solicited [ |
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entities regarding prekindergarten classes required under this | ||
section in accordance with guidance provided by the agency | ||
regarding soliciting partnerships and considered submitted | ||
proposals at a public meeting. A decision of the board of trustees | ||
regarding a partnership described by this subsection is final. | ||
SECTION 12. Subchapter Z, Chapter 29, Education Code, is | ||
amended by adding Sections 29.929, 29.930, 29.931, 29.932, 29.933, | ||
and 29.934 to read as follows: | ||
Sec. 29.929. PROGRAMS TO ENSURE ONE-TIME INTENSIVE | ||
EDUCATIONAL SUPPORTS FOR OVERCOMING COVID-19 PANDEMIC IMPACT. (a) | ||
From state discretionary funds under Section 313(e), Coronavirus | ||
Response and Relief Supplemental Appropriations Act, 2021 (Div. M, | ||
Pub. L. No. 116-260, reprinted in note, 20 U.S.C. Section 3401) and | ||
Section 2001(f), American Rescue Plan Act of 2021 (Pub. L. | ||
No. 117-2, reprinted in note, 20 U.S.C. Section 3401) and other | ||
funds appropriated, the agency shall establish programs that assist | ||
school districts and open-enrollment charter schools in | ||
implementing intensive supports to ensure students perform at grade | ||
level and graduate demonstrating college, career, or military | ||
readiness. Programs established under this section must include: | ||
(1) expanding learning options for: | ||
(A) Pathways in Technology Early College High | ||
School (P-TECH) programs in participating school districts under | ||
Subchapter N, Chapter 29; | ||
(B) the Texas Regional Pathways Network; and | ||
(C) the Jobs and Education for Texans (JET) Grant | ||
Program under Chapter 134; | ||
(2) supplemental instructional supports, including | ||
tutoring; and | ||
(3) COVID-19 learning acceleration supports, | ||
including: | ||
(A) innovation in curriculum and instruction; | ||
(B) diagnosing student mastery; | ||
(C) extended instructional time; and | ||
(D) supports for teachers. | ||
(b) The agency may take actions as necessary in implementing | ||
intensive supports under Subsection (a), including providing | ||
grants to school districts, open-enrollment charter schools, and | ||
regional education service centers. | ||
Sec. 29.930. USE OF ONE-TIME FEDERAL DISCRETIONARY COVID-19 | ||
FUNDING TO ENSURE GRADE LEVEL SUPPORT AND REIMBURSEMENTS. (a) To | ||
ensure additional resources to pay for unreimbursed costs due to | ||
the coronavirus disease (COVID-19) pandemic and for intensive | ||
educational supports for students not performing satisfactorily, | ||
for each of the 2021-2022 and 2022-2023 school years, except as | ||
provided by Subsection (c), from state discretionary funds under | ||
Section 2001(f), American Rescue Plan Act of 2021 (Pub. L. | ||
No. 117-2, reprinted in note, 20 U.S.C. Section 3401), the agency | ||
shall provide to each school district and open-enrollment charter | ||
school an allotment in an amount equal to the sum of: | ||
(1) $208.35 for each student enrolled in the district | ||
or charter school; and | ||
(2) $1,290 for each student enrolled in the district | ||
or charter school during the 2020-2021 school year multiplied by | ||
the percentage of students at the district or charter school who are | ||
not performing satisfactorily, as determined under Subsection (b). | ||
(b) For purposes of Subsection (a)(2), the agency shall | ||
determine the percentage of students not performing satisfactorily | ||
by: | ||
(1) dividing the number of students who did not | ||
perform satisfactorily on an assessment instrument administered | ||
under Section 39.023 by the total number of students who were | ||
administered assessment instruments under Section 39.023 during | ||
the 2018-2019 school year; and | ||
(2) increasing the resulting number under Subdivision | ||
(1) by: | ||
(A) for the 2021-2022 school year, 40 percent; | ||
and | ||
(B) for the 2022-2023 school year, 20 percent. | ||
(c) The agency shall reduce the amount of the allotment that | ||
a school district or open-enrollment charter school receives under | ||
Subsection (a) by the amount that the district or charter school | ||
receives from the local educational agency subgrants under Section | ||
313(c), Coronavirus Response and Relief Supplemental | ||
Appropriations Act, 2021 (Div. M, Pub. L. No. 116-260, reprinted in | ||
note, 20 U.S.C. Section 3401) and Section 2001(d), American Rescue | ||
Plan Act of 2021 (Pub. L. No. 117-2, reprinted in note, 20 U.S.C. | ||
Section 3401). | ||
(d) If the allotment provided to a school district or | ||
open-enrollment charter school under Subsection (a) is reduced in | ||
accordance with Subsection (c), the agency shall provide the total | ||
allotment amount to which the district or charter school is | ||
entitled for the 2021-2022 and 2022-2023 school years to the | ||
district or charter school in an equal amount each year. | ||
(e) An allotment provided to a school district or | ||
open-enrollment charter school under this section may not reduce | ||
funding to which the district or charter school is otherwise | ||
entitled. | ||
(f) The agency may not provide allotments to school | ||
districts and open-enrollment charter schools under this section | ||
after the 2022-2023 school year. | ||
(g) This section expires September 1, 2024. | ||
Sec. 29.931. BROADBAND TECHNICAL SUPPORT FOR STUDENTS. | ||
From appropriated state funds or other funds, including federal | ||
funds, available for this section, the agency shall provide | ||
technical assistance to school districts and open-enrollment | ||
charter schools to ensure Internet access for students who have | ||
limited or no access to the Internet. | ||
Sec. 29.932. ONE-TIME TECHNOLOGY REIMBURSEMENT. (a) Using | ||
state discretionary funds under Section 18003(e), Coronavirus Aid, | ||
Relief, and Economic Security Act (Title VIII, Div. B, Pub. L. | ||
No. 116-136, reprinted in note, 20 U.S.C. Section 3401), and | ||
Section 313(c), Coronavirus Response and Relief Supplemental | ||
Appropriations Act, 2021 (Div. M, Pub. L. No. 116-260, reprinted in | ||
note, 20 U.S.C. Section 3401), the agency shall provide | ||
reimbursement for technology acquisitions made by school districts | ||
and open-enrollment charter schools before February 28, 2021. | ||
(b) This section expires September 1, 2023. | ||
Sec. 29.933. LEGISLATIVE OVERSIGHT ON COVID-19 STATE | ||
RESPONSE. (a) At least quarterly, the agency shall update the | ||
entities listed under Subsection (b) regarding the state response | ||
to the coronavirus disease (COVID-19) pandemic with respect to | ||
public education matters, including: | ||
(1) the implementation of and distribution of funds | ||
under the following programs: | ||
(A) programs to ensure one-time intensive | ||
educational supports for overcoming COVID-19 pandemic impact under | ||
Section 29.929; | ||
(B) the use of one-time federal discretionary | ||
COVID-19 funding to ensure grade level support and reimbursements | ||
under Section 29.930; | ||
(C) broadband technical support for students | ||
under Section 29.931; and | ||
(D) one-time technology reimbursement under | ||
Section 29.932; and | ||
(2) the use of state discretionary funds under: | ||
(A) Section 18003(e), Coronavirus Aid, Relief, | ||
and Economic Security Act (Title VIII, Div. B, Pub. L. No. 116-136, | ||
reprinted in note, 20 U.S.C. Section 3401); and | ||
(B) Section 313(e), Coronavirus Response and | ||
Relief Supplemental Appropriations Act, 2021 (Div. M, Pub. L. | ||
No. 116-260, reprinted in note, 20 U.S.C. Section 3401). | ||
(b) The agency shall update, in accordance with Subsection | ||
(a), the following entities: | ||
(1) the office of the governor; | ||
(2) the office of the lieutenant governor; | ||
(3) the office of the speaker of the house of | ||
representatives; | ||
(4) the office of the chair of the Senate Committee on | ||
Finance; | ||
(5) the office of the chair of the House Committee on | ||
Appropriations; | ||
(6) the office of the chair of the Senate Committee on | ||
Education; and | ||
(7) the office of the chair of the House Committee on | ||
Public Education. | ||
(c) This section expires September 1, 2024. | ||
Sec. 29.934. RESOURCE CAMPUS. (a) A school district campus | ||
that is eligible under Subsection (b) may apply to the commissioner | ||
to be designated as a resource campus that provides quality | ||
education and enrichment for campus students. | ||
(b) To apply to be designated as a resource campus under | ||
this section, the campus must have received an overall performance | ||
rating under Section 39.054 of F for four years over a 10-year | ||
period of time. | ||
(c) A campus notified by the commissioner under Subsection | ||
(f) that the campus has been designated as a resource campus | ||
qualifies for funding as provided by Section 48.252 for each year | ||
the campus maintains approval to operate as a resource campus | ||
regardless of whether the campus is unacceptable or does not | ||
qualify under Subsection (b). | ||
(d) To be designated as a resource campus, the campus must: | ||
(1) implement a targeted improvement plan as described | ||
by Chapter 39A and establish a school community partnership team; | ||
(2) adopt an accelerated campus excellence turnaround | ||
plan as provided by Section 39A.105(b) except that a classroom | ||
teacher who satisfies the requirements for demonstrated | ||
instructional effectiveness under Section 39A.105(b)(3) must also | ||
hold a current designation assigned under Section 21.3521; | ||
(3) be in a school district that has adopted an | ||
approved local optional teacher designation system under Section | ||
21.3521; | ||
(4) satisfy certain staff criteria by: | ||
(A) requiring a principal or teacher employed at | ||
the campus before the designation to apply for a position to | ||
continue at the campus; | ||
(B) employing only teachers who have at least | ||
three years of teaching experience; | ||
(C) employing at least one school counselor for | ||
every 300 students; and | ||
(D) employing at least one appropriately | ||
licensed professional to assist with the social and emotional needs | ||
of students and staff, who must be a: | ||
(i) family and community liaison; | ||
(ii) clinical social worker; | ||
(iii) specialist in school psychology; or | ||
(iv) professional counselor; | ||
(5) implement a positive behavior program as provided | ||
by Section 37.0013; | ||
(6) implement a family engagement plan as described by | ||
Section 29.168; | ||
(7) develop and implement a plan to use high quality | ||
instructional materials; | ||
(8) if the campus is an elementary campus, operate the | ||
campus for a school year that qualifies for funding under Section | ||
48.0051; and | ||
(9) annually submit to the commissioner data and | ||
information required by the commissioner to assess fidelity of | ||
implementation. | ||
(e) On the request of a school district, the agency shall | ||
assist the district in: | ||
(1) applying for designation of a district campus as a | ||
resource campus; and | ||
(2) developing and implementing a plan to operate a | ||
district campus as a resource campus. | ||
(f) The commissioner shall notify a campus if it has been | ||
designated as a resource campus not later than the 60th day after | ||
the date the commissioner receives the request for the designation. | ||
(g) A campus approved to operate as a resource campus must | ||
annually submit to the commissioner data and information requested | ||
by the commissioner for purposes of determining whether the campus | ||
has met the measure of fidelity of implementation required to | ||
maintain status as a resource campus. | ||
(h) If a campus fails to maintain status as a resource | ||
campus for two consecutive years, the campus is not eligible for | ||
designation as a resource campus. A campus subject to this | ||
subsection may reapply for designation as a resource campus if the | ||
campus qualifies under Subsection (b). | ||
(i) A decision by the commissioner regarding whether to | ||
designate a campus as a resource campus is final and may not be | ||
appealed. | ||
(j) The commissioner may adopt rules necessary to implement | ||
this section. | ||
SECTION 13. Section 31.0211(c), Education Code, is amended | ||
to read as follows: | ||
(c) Subject to Subsection (d), funds allotted under this | ||
section may be used to: | ||
(1) purchase: | ||
(A) materials on the list adopted by the | ||
commissioner, as provided by Section 31.0231; | ||
(B) instructional materials, regardless of | ||
whether the instructional materials are on the list adopted under | ||
Section 31.024; | ||
(C) consumable instructional materials, | ||
including workbooks; | ||
(D) instructional materials for use in bilingual | ||
education classes, as provided by Section 31.029; | ||
(E) instructional materials for use in college | ||
preparatory courses under Section 28.014, as provided by Section | ||
31.031; | ||
(F) supplemental instructional materials, as | ||
provided by Section 31.035; | ||
(G) state-developed open education resource | ||
instructional materials, as provided by Subchapter B-1; | ||
(H) instructional materials and technological | ||
equipment under any continuing contracts of the district in effect | ||
on September 1, 2011; | ||
(I) technological equipment necessary to support | ||
the use of materials included on the list adopted by the | ||
commissioner under Section 31.0231 or any instructional materials | ||
purchased with an allotment under this section; and | ||
(J) inventory software or systems for storing, | ||
managing, and accessing instructional materials and analyzing the | ||
usage and effectiveness of the instructional materials; and | ||
(2) pay: | ||
(A) for training educational personnel directly | ||
involved in student learning in the appropriate use of | ||
instructional materials and for providing for access to | ||
technological equipment for instructional use; [ |
||
(B) the salary and other expenses of an employee | ||
who provides technical support for the use of technological | ||
equipment directly involved in student learning; and | ||
(C) for costs associated with distance learning, | ||
including Wi-Fi, Internet access hotspots, wireless network | ||
service, broadband service, and other services and technological | ||
equipment necessary to facilitate Internet access. | ||
SECTION 14. Section 32.155, Education Code, is amended to | ||
read as follows: | ||
Sec. 32.155. PROTECTION OF COVERED INFORMATION. (a) An | ||
operator must implement and maintain reasonable security | ||
procedures and practices designed to protect any covered | ||
information from unauthorized access, deletion, use, modification, | ||
or disclosure. | ||
(b) Any operator that has been approved by the agency or had | ||
a product adopted by the agency and possesses any covered | ||
information must use the unique identifier established by the Texas | ||
Student Data System (TSDS) or a successor data management system | ||
maintained by the agency for any account creation, data upload, | ||
data transmission, analysis, or reporting to mask all personally | ||
identifiable student information. The operator shall adhere to a | ||
state-required student data sharing agreement that includes an | ||
established unique identifier standard for all operators as | ||
prescribed by the agency. | ||
(c) In addition to including the unique identifier in | ||
releasing information as provided by Subsection (b), an operator | ||
may include any other data field identified by the agency or by a | ||
school district, open-enrollment charter school, regional | ||
education service center, or other local education agency as | ||
necessary for the information being released to be useful. | ||
(d) A school district, open-enrollment charter school, | ||
regional education service center, or other local education agency | ||
may include additional data fields in an agreement with an operator | ||
or the amendment of an agreement with an operator under this | ||
section. An operator may agree to include the additional data | ||
fields requested by a school district, open-enrollment charter | ||
school, regional education service center, or other local education | ||
agency but may not require that additional data fields be included. | ||
(e) A school district, open-enrollment charter school, | ||
regional education service center, or other local education agency | ||
may require an operator that contracts directly with the entity to | ||
adhere to a state-required student data sharing agreement that | ||
includes the use of an established unique identifier standard for | ||
all operators as prescribed by the agency. | ||
(f) A national assessment provider who receives covered | ||
information from a student or from a school district or campus on | ||
behalf of a student is not required to comply with Subsection (b) or | ||
(e) if the provider receives the covered information solely to | ||
provide access to: | ||
(1) employment, educational scholarships, financial | ||
aid, or postsecondary educational opportunities; or | ||
(2) educational resources for middle school, junior | ||
high school, or high school students. | ||
(g) The commissioner may adopt rules as necessary to | ||
administer this section. | ||
SECTION 15. Subchapter Z, Chapter 33, Education Code, is | ||
amended by adding Section 33.913 to read as follows: | ||
Sec. 33.913. TUTORING PROGRAM. (a) A member of a nonprofit | ||
teacher organization or a person who is not a member but meets the | ||
requirements under Subsection (b) may participate in a tutoring | ||
program in accordance with this section to provide supplemental | ||
instruction to students in kindergarten through grade 12 on an | ||
individualized or small-group basis. | ||
(b) To participate in the program as a tutor, a person must: | ||
(1) be an active or retired teacher; | ||
(2) apply for the position in a manner specified by the | ||
nonprofit organization; | ||
(3) designate in the application whether the person | ||
plans to provide tutoring: | ||
(A) for compensation, on a volunteer basis, or | ||
both; and | ||
(B) in person, online, or both; and | ||
(4) not be included in the registry of persons not | ||
eligible for employment by a public school under Section 22.092. | ||
(c) The superintendent or chief executive officer of each | ||
school district or open-enrollment charter school or the person | ||
designated by the superintendent or chief executive officer shall: | ||
(1) oversee the tutoring program within the district | ||
or school; and | ||
(2) not later than the last day of each semester, | ||
submit a report to the board of trustees of the district or the | ||
governing body of the school that includes, with respect to that | ||
semester: | ||
(A) the number of active or retired teachers who | ||
contacted the district or school to offer tutoring services to | ||
students in the district or school; and | ||
(B) the number of active or retired teachers who | ||
were used by the district or school as a tutor on a volunteer basis | ||
or employed by the district or school to provide tutoring services | ||
for compensation. | ||
(d) A school district or open-enrollment charter school may | ||
use any available local, state, or federal funds to provide | ||
compensation to a person participating in the program as a tutor who | ||
is providing tutoring for compensation under the program. | ||
(e) If an active or retired teacher who has been approved | ||
for participation in the tutoring program contacts a school | ||
district or open-enrollment charter school to provide tutoring to | ||
students in the district or school and the district or school needs | ||
tutoring assistance, the district or school may: | ||
(1) if the teacher is providing tutoring services on a | ||
volunteer basis, use the volunteer tutoring services provided by | ||
the teacher; or | ||
(2) if the district or school has local, state, or | ||
federal funds for purposes of the tutoring program and the teacher | ||
is providing tutoring services for compensation, employ the teacher | ||
as a tutor. | ||
(f) At least quarterly, each nonprofit organization | ||
participating in the tutoring program shall provide to the | ||
organization's members: | ||
(1) a description of the tutoring program and guidance | ||
on how to participate in the program; and | ||
(2) the contact information of each person described | ||
by Subsection (c) for the school district in which the member | ||
resides, any open-enrollment charter schools located within that | ||
district, and any adjacent districts. | ||
(g) This section does not create a cause of action or | ||
liability or an obligation or duty that provides a basis for a cause | ||
of action or liability against a nonprofit teacher organization | ||
approved by the commissioner for the purpose of participating in | ||
the tutoring program for any action taken by a member of the | ||
organization participating in the program as a tutor. | ||
SECTION 16. Section 37.108(b-1), Education Code, is amended | ||
to read as follows: | ||
(b-1) In a school district's safety and security audit | ||
required under Subsection (b), the district must certify that the | ||
district used the funds provided to the district through the school | ||
safety allotment under Section 48.115 [ |
||
purposes provided by that section. | ||
SECTION 17. Section 39.0261, Education Code, is amended by | ||
adding Subsection (a-1) and amending Subsection (b) to read as | ||
follows: | ||
(a-1) Notwithstanding Subsection (a)(3), the commissioner | ||
by rule may allow a student to take at state cost an assessment | ||
instrument described by that subdivision if circumstances existed | ||
that prevented the student from taking the assessment instrument | ||
before the student graduated from high school. | ||
(b) The agency shall: | ||
(1) select and approve vendors of the specific | ||
assessment instruments administered under this section and | ||
negotiate with each approved vendor a price for each assessment | ||
instrument; and | ||
(2) provide reimbursement to a school district in the | ||
amount negotiated under Subdivision (1) for [ |
||
appropriated for that purpose. | ||
SECTION 18. Section 39.053(g-4), Education Code, is amended | ||
to read as follows: | ||
(g-4) For purposes of the computation of dropout and | ||
completion rates such as high school graduation rates under | ||
Subsection (c)(1)(B)(ix), the commissioner shall exclude a student | ||
who was reported as having dropped out of school under Section | ||
48.009(b-4) [ |
||
have dropped out from the school district or campus in which the | ||
student was last enrolled. | ||
SECTION 19. Subchapter D, Chapter 39, Education Code, is | ||
amended by adding Section 39.087 to read as follows: | ||
Sec. 39.087. COVID-19 ADJUSTMENT FOR FINANCIAL | ||
ACCOUNTABILITY. (a) The commissioner shall adjust the financial | ||
accountability rating system under Section 39.082 to account for | ||
the impact of financial practices necessary as a response to the | ||
coronavirus disease (COVID-19) pandemic, including adjustments | ||
required to account for federal funding and funding adjustments | ||
under Subchapter F, Chapter 48. | ||
(b) This section expires September 1, 2023. | ||
SECTION 20. Section 45.0021, Education Code, is amended by | ||
amending Subsection (a) and adding Subsections (c), (d), (e), and | ||
(f) to read as follows: | ||
(a) A school district may not levy [ |
||
the district's maintenance taxes described by Section 45.002 at a | ||
rate intended to create a surplus in maintenance tax revenue for the | ||
purpose of paying the district's debt service. | ||
(c) The agency shall: | ||
(1) develop a method to identify school districts that | ||
may have adopted a maintenance tax rate in violation of Subsection | ||
(a), which must include a review of data over multiple years; | ||
(2) for each school district identified under the | ||
method developed under Subdivision (1), investigate as necessary to | ||
determine whether the district has adopted a maintenance tax rate | ||
in violation of Subsection (a); | ||
(3) if the agency determines that a school district | ||
has adopted a maintenance tax rate in violation of Subsection (a): | ||
(A) order the district to comply with Subsection | ||
(a) not later than three years after the date of the order; and | ||
(B) assist the district in developing a | ||
corrective action plan that, to the extent feasible, does not | ||
result in a net increase in the district's total tax rate; and | ||
(4) post on the agency's Internet website a list of | ||
each school district the agency has determined to have adopted a | ||
maintenance tax rate in violation of Subsection (a). | ||
(d) The implementation of a corrective action plan under | ||
Subsection (c)(3)(B) does not prohibit a school district from | ||
increasing the district's total tax rate as necessary to achieve | ||
other legal purposes. | ||
(e) If a school district fails to take action under a | ||
corrective action plan developed under Subsection (c)(3)(B), the | ||
commissioner may reduce the district's entitlement under Chapter 48 | ||
by an amount equal to the difference between: | ||
(1) the amount of state and local funding the district | ||
received as a result of adopting a maintenance tax rate in violation | ||
of Subsection (a); and | ||
(2) the amount of state and local funding the district | ||
would have received if the district had not adopted a maintenance | ||
tax rate in violation of Subsection (a). | ||
(f) This section does not prohibit a school district from: | ||
(1) using a surplus in maintenance tax revenue to pay | ||
the district's debt service if: | ||
(A) the district's interest and sinking fund tax | ||
revenue is insufficient to pay the district's debt service due to | ||
circumstances beyond the district's control; and | ||
(B) the use of the surplus maintenance tax | ||
revenue to pay the district's debt service is necessary to prevent a | ||
default on the district's debt; | ||
(2) paying a portion of the district's maintenance tax | ||
revenue into the tax increment fund for a reinvestment zone under | ||
Chapter 311, Tax Code; or | ||
(3) using money disbursed from the tax increment fund | ||
for a reinvestment zone under Chapter 311, Tax Code, in accordance | ||
with the agreement entered into by the district with the governing | ||
body of the municipality or county that designated the zone under | ||
Section 311.013(f) of that code. | ||
SECTION 21. Section 48.005(d), Education Code, is amended | ||
to read as follows: | ||
(d) The commissioner may adjust the average daily | ||
attendance of a school district in which a disaster, flood, extreme | ||
weather condition, fuel curtailment, or other calamity has a | ||
significant effect on the district's attendance. In addition to | ||
providing the adjustment for the amount of instructional days | ||
during the semester in which the calamity first occurred, an | ||
adjustment under this section may only be provided based on a | ||
particular calamity for an additional amount of instructional days | ||
equivalent to one school year. The commissioner may divide the | ||
adjustment between two consecutive school years. | ||
SECTION 22. Section 48.009, Education Code, is amended by | ||
amending Subsection (b) and adding Subsection (b-4) to read as | ||
follows: | ||
(b) The commissioner by rule shall require each school | ||
district and open-enrollment charter school to report through the | ||
Public Education Information Management System information | ||
regarding: | ||
(1) the number of students enrolled in the district or | ||
school who are identified as having dyslexia; | ||
(2) the availability of school counselors, including | ||
the number of full-time equivalent school counselors, at each | ||
campus; | ||
(3) the availability of expanded learning | ||
opportunities as described by Section 33.252 at each campus; | ||
(4) the total number of students, other than students | ||
described by Subdivision (5), enrolled in the district or school | ||
with whom the district or school, as applicable, used intervention | ||
strategies, as that term is defined by Section 26.004, at any time | ||
during the year for which the report is made; [ |
||
(5) the total number of students enrolled in the | ||
district or school to whom the district or school provided aids, | ||
accommodations, or services under Section 504, Rehabilitation Act | ||
of 1973 (29 U.S.C. Section 794), at any time during the year for | ||
which the report is made; | ||
(6) disaggregated by campus and grade, the number of: | ||
(A) children who are required to attend school | ||
under Section 25.085, are not exempted under Section 25.086, and | ||
fail to attend school without excuse for 10 or more days or parts of | ||
days within a six-month period in the same school year; | ||
(B) students for whom the district initiates a | ||
truancy prevention measure under Section 25.0915(a-4); and | ||
(C) parents of students against whom an | ||
attendance officer or other appropriate school official has filed a | ||
complaint under Section 25.093; and | ||
(7) the number of students who are enrolled in a high | ||
school equivalency program, a dropout recovery school, or an adult | ||
education program provided under a high school diploma and industry | ||
certification charter school program provided by the district or | ||
school and who: | ||
(A) are at least 18 years of age and under 26 | ||
years of age; | ||
(B) have not previously been reported to the | ||
agency as dropouts; and | ||
(C) enroll in the program at the district or | ||
school after not attending school for a period of at least nine | ||
months. | ||
(b-4) A student reported under Subsection (b)(7) as having | ||
enrolled in a high school equivalency program, a dropout recovery | ||
school, or an adult education program provided under a high school | ||
diploma and industry certification charter school program must be | ||
reported through the Public Education Information Management | ||
System as having previously dropped out of school. | ||
SECTION 23. Section 48.051, Education Code, is amended by | ||
adding Subsections (c-1) and (c-2) to read as follows: | ||
(c-1) A school district employee who received a salary | ||
increase under Subsection (c) from a school district for the | ||
2019-2020 school year is, as long as the employee remains employed | ||
by the same district and the district is receiving at least the same | ||
amount of funding as the amount of funding the district received for | ||
the 2019-2020 school year, entitled to salary that is at least equal | ||
to the salary the employee received for the 2019-2020 school year. | ||
This subsection does not apply if the board of trustees of the | ||
school district at which the employee is employed: | ||
(1) complies with Sections 21.4021, 21.4022, and | ||
21.4032 in reducing the employee's salary; and | ||
(2) has adopted a resolution declaring a financial | ||
exigency for the district under Section 44.011. | ||
(c-2) A reduction in the salary of a school district | ||
employee described by Subsection (c-1) is subject to the rights | ||
granted to the employee under this code. | ||
SECTION 24. Section 48.104, Education Code, is amended by | ||
adding Subsection (e-1) and amending Subsections (j-1) and (k) to | ||
read as follows: | ||
(e-1) For each student who is a homeless child or youth as | ||
defined by 42 U.S.C. Section 11434a, a school district is entitled | ||
to an annual allotment equal to the basic allotment multiplied by | ||
the highest weight provided under Subsection (d). | ||
(j-1) In addition to other purposes for which funds | ||
allocated under this section may be used, those funds may also be | ||
used to: | ||
(1) provide child-care services or assistance with | ||
child-care expenses for students at risk of dropping out of school, | ||
as described by Section 29.081(d)(5); [ |
||
(2) pay the costs associated with services provided | ||
through a life skills program in accordance with Sections | ||
29.085(b)(1) and (3)-(7); | ||
(3) pay costs for services provided by an | ||
instructional coach to raise student achievement at a campus in | ||
which educationally disadvantaged students are enrolled; or | ||
(4) pay expenses related to reducing the dropout rate | ||
and increasing the rate of high school completion, including | ||
expenses related to: | ||
(A) duties performed by attendance officers to | ||
support educationally disadvantaged students; and | ||
(B) programs that build skills related to | ||
managing emotions, establishing and maintaining positive | ||
relationships, and making responsible decisions. | ||
(k) At least 55 percent of the funds allocated under this | ||
section must be used to: | ||
(1) fund supplemental programs and services, | ||
including services provided by an instructional coach, designed to | ||
eliminate any disparity in performance on assessment instruments | ||
administered under Subchapter B, Chapter 39, or disparity in the | ||
rates of high school completion between: | ||
(A) students who are educationally disadvantaged | ||
and students who are not educationally disadvantaged; and | ||
(B) students at risk of dropping out of school, | ||
as defined by Section 29.081, and all other students; or | ||
(2) support a program eligible under Title I of the | ||
Elementary and Secondary Education Act of 1965, as provided by Pub. | ||
L. No. 103-382 and its subsequent amendments, and by federal | ||
regulations implementing that Act. | ||
SECTION 25. Section 48.106, Education Code, is amended by | ||
amending Subsection (a) and adding Subsections (a-1) and (d) 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 7 through 12, a district is entitled to[ |
||
[ |
||
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) 1.1 for a full-time equivalent student in career | ||
and technology education courses not in an approved program of | ||
study; | ||
(2) 1.28 for a full-time equivalent student in levels | ||
one and two career and technology education courses in an approved | ||
program of study, as identified by the agency [ |
||
and | ||
(3) 1.47 for a full-time equivalent student in 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 daily attendance, a district is entitled to | ||
[ |
||
student is enrolled: | ||
(1) [ |
||
[ |
||
under Section 29.556; or | ||
(2) [ |
||
Network and that focuses on project-based learning and work-based | ||
education. | ||
(d) The agency shall annually publish a list of career and | ||
technology courses that qualify for an allotment under Subsection | ||
(a), disaggregated by the weight for which the course qualifies. | ||
SECTION 26. Section 48.106(b), Education Code, is amended | ||
by amending Subdivision (1) and adding Subdivision (1-a) to read as | ||
follows: | ||
(1) "Approved [ |
||
(A) means a sequence of career and technology | ||
education courses, including [ |
||
courses, authorized by the State Board of Education; and | ||
(B) includes only courses that qualify for high | ||
school credit. | ||
(1-a) "Approved program of study" means a course | ||
sequence that: | ||
(A) provides students with the knowledge and | ||
skills necessary for success in the students' chosen careers; and | ||
(B) is approved by the agency for purposes of the | ||
Strengthening Career and Technical Education for the 21st Century | ||
Act (Pub. L. No. 115-224). | ||
SECTION 27. Subchapter C, Chapter 48, Education Code, is | ||
amended by adding Section 48.109 to read as follows: | ||
Sec. 48.109. GIFTED AND TALENTED STUDENT ALLOTMENT. (a) | ||
For each identified student a school district serves in a program | ||
for gifted and talented students that the district certifies to the | ||
commissioner as complying with Subchapter D, Chapter 29, a district | ||
is entitled to an annual allotment equal to the basic allotment | ||
multiplied by 0.07 for each school year or a greater amount provided | ||
by appropriation. | ||
(b) Funds allocated under this section, other than the | ||
amount that represents the program's share of general | ||
administrative costs, must be used in providing programs for gifted | ||
and talented students under Subchapter D, Chapter 29, including | ||
programs sanctioned by International Baccalaureate and Advanced | ||
Placement, or in developing programs for gifted and talented | ||
students. Each district must account for the expenditure of state | ||
funds as provided by rule of the State Board of Education. If by the | ||
end of the 12th month after receiving an allotment for developing a | ||
program a district has failed to implement a program, the district | ||
must refund the amount of the allotment to the agency within 30 | ||
days. | ||
(c) Not more than five percent of a district's students in | ||
average daily attendance are eligible for funding under this | ||
section. | ||
(d) If the amount of state funds for which school districts | ||
are eligible under this section exceeds the amount of state funds | ||
appropriated in any year for the programs, the commissioner shall | ||
reduce each district's tier one allotments in the same manner | ||
described for a reduction in allotments under Section 48.266. | ||
(e) If the total amount of funds allotted under this section | ||
before a date set by rule of the State Board of Education is less | ||
than the total amount appropriated for a school year, the | ||
commissioner shall transfer the remainder to any program for which | ||
an allotment under Section 48.104 may be used. | ||
(f) After each district has received allotted funds for this | ||
program, the State Board of Education may use up to $500,000 of the | ||
funds allocated under this section for programs such as MATHCOUNTS, | ||
Future Problem Solving, Odyssey of the Mind, and Academic | ||
Decathlon, as long as these funds are used to train personnel and | ||
provide program services. To be eligible for funding under this | ||
subsection, a program must be determined by the State Board of | ||
Education to provide services that are effective and consistent | ||
with the state plan for gifted and talented education. | ||
SECTION 28. Section 48.110(f), Education Code, is amended | ||
to read as follows: | ||
(f) For purposes of this section, an annual graduate | ||
demonstrates: | ||
(1) college readiness if the annual graduate: | ||
(A) both: | ||
(i) achieves college readiness standards | ||
used for accountability purposes under Chapter 39 on the ACT, the | ||
SAT, or an assessment instrument designated by the Texas Higher | ||
Education Coordinating Board under Section 51.334; and | ||
(ii) [ |
||
by commissioner rule, enrolls at a postsecondary educational | ||
institution; or | ||
(B) earns an associate degree from a | ||
postsecondary educational institution approved by the Texas Higher | ||
Education Coordinating Board while attending high school or during | ||
a time period established by commissioner rule; | ||
(2) career readiness if the annual graduate: | ||
(A) achieves college readiness standards used | ||
for accountability purposes under Chapter 39 on the ACT, the SAT, or | ||
an assessment instrument designated by the Texas Higher Education | ||
Coordinating Board under Section 51.334; and | ||
(B) during a time period established by | ||
commissioner rule, earns an industry-accepted certificate; and | ||
(3) military readiness if the annual graduate: | ||
(A) achieves a passing score set by the | ||
applicable military branch on the Armed Services Vocational | ||
Aptitude Battery; and | ||
(B) during a time period established by | ||
commissioner rule, enlists in the armed forces of the United | ||
States. | ||
SECTION 29. Section 48.111, Education Code, is amended to | ||
read as follows: | ||
Sec. 48.111. FAST GROWTH ALLOTMENT. (a) Except as provided | ||
by Subsection (c), a [ |
||
basic allotment multiplied by the applicable weight under | ||
Subsection (a-1) [ |
||
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 [ |
||
(a-1) For purposes of Subsection (a), the agency shall | ||
assign the following weights: | ||
(1) 0.48 for each student enrolled at a district in the | ||
top 40 percent of districts, as determined based on the number of | ||
students calculated under Subsection (a); | ||
(2) 0.33 for each student enrolled at a district in the | ||
middle 30 percent of districts, as determined based on the number of | ||
students calculated under Subsection (a); and | ||
(3) 0.18 for each student enrolled at a district in the | ||
bottom 30 percent of districts, as determined based on the number of | ||
students calculated under Subsection (a). | ||
(a-2) Notwithstanding Subsection (a-1), for the 2021-2022 | ||
school year, instead of using the weights under that subsection, | ||
the agency shall substitute the following weights: | ||
(1) 0.45 for each student enrolled at a district in the | ||
top 40 percent of districts, as determined based on the number of | ||
students calculated under Subsection (a); | ||
(2) 0.30 for each student enrolled at a district in the | ||
middle 30 percent of districts, as determined based on the number of | ||
students calculated under Subsection (a); and | ||
(3) 0.15 for each student enrolled at a district in the | ||
bottom 30 percent of districts, as determined based on the number of | ||
students calculated under Subsection (a). | ||
(a-3) Subsection (a-2) and this subsection expire September | ||
1, 2024. | ||
(b) For purposes of Subsection (a), in determining the | ||
number of students enrolled in a school district, the commissioner | ||
shall exclude students enrolled in the district who receive | ||
full-time instruction through the state virtual school network | ||
under Chapter 30A. | ||
(c) Notwithstanding Subsection (a), the total amount that | ||
may be used to provide allotments under Subsection (a) may not | ||
exceed $320 million. If the total amount of allotments to which | ||
districts are entitled under Subsection (a) for a school year | ||
exceeds the amount permitted under this subsection, the | ||
commissioner shall proportionately reduce each district's | ||
allotment under this section. | ||
(c-1) Notwithstanding Subsection (c), the total amount that | ||
may be used to provide allotments under Subsection (a) may not | ||
exceed: | ||
(1) for the 2021-2022 school year, $270 million; | ||
(2) for the 2022-2023 school year, $310 million; and | ||
(3) for the 2023-2024 school year, $315 million. | ||
(c-2) Subsection (c-1) and this subsection expire September | ||
1, 2025. | ||
(d) Subject to the limitation under Subsection (d-1), for | ||
the 2021-2022 school year, the agency shall provide to each school | ||
district, regardless of whether the district is entitled to an | ||
allotment under Subsection (a) for the 2021-2022 school year, an | ||
amount equal to the difference, if the difference is greater than | ||
zero, between the amount of the allotment for the 2019-2020 school | ||
year under this section, as this section existed on September 1, | ||
2019, and the amount of the allotment for the 2021-2022 school year. | ||
(d-1) The total amount that may be used to provide funding | ||
under Subsection (d) may not exceed $40 million. If the total amount | ||
of funding to which districts are entitled under Subsection (d) for | ||
a school year exceeds the amount permitted under this subsection, | ||
the commissioner shall proportionately reduce each district's | ||
amount under Subsection (d). | ||
(d-2) The amounts to which school districts are entitled | ||
under Subsection (d) are not subject to the amount limitations | ||
described by Subsections (c) and (c-1). | ||
(d-3) Subsections (d), (d-1), (d-2), and this subsection | ||
expire September 1, 2023. | ||
SECTION 30. Section 48.112, Education Code, is amended by | ||
adding Subsection (j) to read as follows: | ||
(j) The Texas School for the Deaf and the Texas School for | ||
the Blind and Visually Impaired are entitled to an allotment under | ||
this section. If the commissioner determines that assigning point | ||
values under Subsections (e) and (f) to students enrolled in the | ||
Texas School for the Deaf or the Texas School for the Blind and | ||
Visually Impaired is impractical, the commissioner may use the | ||
average point value assigned for those students' home districts for | ||
purposes of calculating the high needs and rural factor. | ||
SECTION 31. Section 42.168, Education Code, as added by | ||
Chapter 464 (S.B. 11), Acts of the 86th Legislature, Regular | ||
Session, 2019, is transferred to Subchapter C, Chapter 48, | ||
Education Code, redesignated as Section 48.115, Education Code, and | ||
amended to read as follows: | ||
Sec. 48.115 [ |
||
funds appropriated for that purpose, the commissioner shall provide | ||
to a school district an annual allotment in the amount provided by | ||
appropriation for each student in average daily attendance. | ||
(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; 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) [ |
||
services; [ |
||
(iv) [ |
||
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. | ||
(c) A school district may use funds allocated under this | ||
section for equipment or software that is used for a school safety | ||
and security purpose and an instructional purpose, provided that | ||
the instructional use does not compromise the safety and security | ||
purpose of the equipment or software. | ||
(d) The commissioner shall annually publish a report | ||
regarding funds allocated under this section including the | ||
programs, personnel, and resources purchased by districts using | ||
funds under this section and other purposes for which the funds were | ||
used [ |
||
[ |
||
SECTION 32. Section 48.252(a), Education Code, is amended | ||
to read as follows: | ||
(a) This section applies only to: | ||
(1) a school district and an open-enrollment charter | ||
school that enter into a contract to operate a district campus as | ||
provided by Section 11.174; | ||
(2) a charter granted by a school district for a | ||
program operated by an entity that has entered into a contract under | ||
Section 11.174, provided that the district does not appoint a | ||
majority of the governing body of the charter holder; [ |
||
(3) a school district that contracts with an | ||
open-enrollment charter school to jointly operate a campus or | ||
campus program as provided by Section 11.157(b); and | ||
(4) a school district that operates a resource campus | ||
as provided by Section 29.934. | ||
SECTION 33. Section 48.2551, Education Code, is amended by | ||
amending Subsections (a) and (c) and adding Subsections (d-1) and | ||
(d-2) to read as follows: | ||
(a) In this section: | ||
(1) "DPV" is the taxable value of property in the | ||
school district, as determined by the agency by rule, using locally | ||
determined property values adjusted in accordance with Section | ||
403.302(d), Government Code [ |
||
(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. | ||
(c) Notwithstanding Subsection (b), for a district to which | ||
Section 48.2552(b) applies, the district's maximum compressed rate | ||
is the value calculated in accordance with Section 48.2552(b) [ |
||
(d-1) Local appraisal districts, school districts, and the | ||
comptroller shall provide any information necessary to the agency | ||
to implement this section. | ||
(d-2) A school district may appeal to the commissioner the | ||
district's taxable property value as determined by the agency under | ||
this section. A decision by the commissioner is final and may not be | ||
appealed. | ||
SECTION 34. Section 48.2552(b), Education Code, is amended | ||
to read as follows: | ||
(b) If a school district's [ |
||
compressed rate as calculated under Section 48.2551(b) would be | ||
[ |
||
compressed rate, the district's maximum compressed rate is the | ||
value at which the district's maximum compressed rate would be | ||
equal to 90 percent of the other district's maximum compressed rate | ||
[ |
||
SECTION 35. 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 this chapter that is not described by | ||
Section 48.266(a)(3) [ |
||
amount by which a district must reduce the district's [ |
||
revenue level under this section [ |
||
state aid used as an offset under this subsection shall reduce the | ||
amount of state aid to which the district is entitled. | ||
SECTION 36. Subchapter F, Chapter 48, Education Code, is | ||
amended by adding Section 48.2611 to read as follows: | ||
Sec. 48.2611. ONE-TIME REIMBURSEMENT FOR WINTER STORM URI. | ||
(a) The agency shall provide reimbursement to school districts in | ||
accordance with Section 48.261 for costs incurred as a result of the | ||
2021 North American winter storm (Winter Storm Uri), including any | ||
resulting electricity price increases. | ||
(b) This section expires September 1, 2023. | ||
SECTION 37. Subchapter F, Chapter 48, Education Code, is | ||
amended by adding Section 48.2721 to read as follows: | ||
Sec. 48.2721. RECOVERY OF FUNDS FROM EXCESSIVE TAXATION. | ||
The commissioner shall reduce state aid or adjust the limit on local | ||
revenue under Section 48.257 in an amount equal to the amount of | ||
revenue generated by a school district's tax effort that is not in | ||
compliance with Section 45.003 or this chapter. | ||
SECTION 38. Section 48.277, Education Code, is amended by | ||
adding Subsection (c-1) to read as follows: | ||
(c-1) Notwithstanding any other provision of this chapter, | ||
beginning with the 2021-2022 school year, if the total amount of | ||
allotments to which school districts and open-enrollment charter | ||
schools are entitled under this section for a school year exceeds | ||
$400 million, the commissioner shall proportionately reduce each | ||
district's or school's allotment under this section. The reduction | ||
in the amount to which a district or school is entitled under this | ||
section may not result in an amount that is less than zero. | ||
SECTION 39. Subchapter F, Chapter 48, Education Code, is | ||
amended by adding Section 48.281 to read as follows: | ||
Sec. 48.281. MAINTENANCE OF EFFORT AND EQUITY FOR FEDERAL | ||
MONEY RELATED TO COVID-19 PANDEMIC. (a) Subject to Subsection (b), | ||
the commissioner shall increase a school district's or | ||
open-enrollment charter school's entitlement under this chapter as | ||
necessary to ensure compliance with requirements regarding | ||
maintenance of effort and maintenance of equity under Section 317, | ||
Coronavirus Response and Relief Supplemental Appropriations Act, | ||
2021 (Div. M, Pub. L. No. 116-260, reprinted in note, 20 U.S.C. | ||
Section 3401), and Section 2001, American Rescue Plan Act of 2021 | ||
(Pub. L. No. 117-2, reprinted in note, 20 U.S.C. Section 3401). | ||
(b) Before making an increase under Subsection (a), the | ||
commissioner shall notify the Legislative Budget Board and the | ||
governor of the proposed increase. The increase is considered to be | ||
approved unless the Legislative Budget Board or the governor issues | ||
a written disapproval of the increase not later than the 30th day | ||
after the date on which the commissioner provides notice under this | ||
subsection. | ||
(c) If the total amount of money available to the | ||
commissioner for purposes of making increases under this section | ||
for a state fiscal year is insufficient to make an increase the | ||
commissioner determines necessary under Subsection (a), the | ||
commissioner shall submit to the legislature an estimate of the | ||
amount of funding needed to make the increase for that state fiscal | ||
year. | ||
(d) This section expires September 1, 2025. | ||
SECTION 40. Section 48.302(b), Education Code, is amended | ||
to read as follows: | ||
(b) The agency shall enter into a memorandum of | ||
understanding with the commission for the agency to transfer funds | ||
to the commission [ |
||
for the commission to provide to an individual who is 21 years of | ||
age or older a subsidy in an amount equal to the cost of taking one | ||
high school equivalency examination administered under Section | ||
7.111. | ||
SECTION 41. Subchapter G, Chapter 48, Education Code, is | ||
amended by adding Section 48.303 to read as follows: | ||
Sec. 48.303. ADDITIONAL STATE AID FOR REGIONAL EDUCATION | ||
SERVICE CENTER STAFF SALARY INCREASES. (a) A regional education | ||
service center is entitled to state aid in an amount equal to the | ||
sum of: | ||
(1) the product of $500 multiplied by the number of | ||
full-time center employees, other than administrators or classroom | ||
teachers, full-time librarians, full-time school counselors | ||
certified under Subchapter B, Chapter 21, or full-time school | ||
nurses; and | ||
(2) the product of $250 multiplied by the number of | ||
part-time center employees, other than administrators or teachers, | ||
librarians, school counselors certified under Subchapter B, | ||
Chapter 21, or school nurses. | ||
(b) A determination by the commissioner under Subsection | ||
(a) is final and may not be appealed. | ||
SECTION 42. Chapter 48, Education Code, is amended by | ||
adding Subchapter H to read as follows: | ||
SUBCHAPTER H. TEXAS COMMISSION ON SPECIAL EDUCATION FUNDING | ||
Sec. 48.401. DEFINITION. In this subchapter, "commission" | ||
means the Texas Commission on Special Education Funding. | ||
Sec. 48.402. TEXAS COMMISSION ON SPECIAL EDUCATION FUNDING. | ||
(a) The commission is established to develop and make | ||
recommendations regarding methods of financing special education | ||
in public schools. | ||
(b) The commission is composed of seven members, appointed | ||
as follows: | ||
(1) one member appointed by the governor; | ||
(2) three members appointed by the lieutenant | ||
governor; and | ||
(3) three members appointed by the speaker of the | ||
house of representatives. | ||
(c) In making appointments under Subsection (b), the | ||
governor, lieutenant governor, and speaker of the house of | ||
representatives shall coordinate to ensure that membership of the | ||
commission, to the extent possible, reflects the ethnic and | ||
geographic diversity of this state. | ||
(d) The members appointed by: | ||
(1) the governor must have an interest in special | ||
education; | ||
(2) the lieutenant governor must be three members of | ||
the senate; and | ||
(3) the speaker of the house of representatives must | ||
be three members of the house of representatives. | ||
Sec. 48.403. PRESIDING OFFICER. The governor shall | ||
designate the presiding officer of the commission. | ||
Sec. 48.404. COMPENSATION AND REIMBURSEMENT. A member of | ||
the commission is not entitled to compensation for service on the | ||
commission but is entitled to reimbursement for actual and | ||
necessary expenses incurred in performing commission duties. | ||
Sec. 48.405. ADMINISTRATIVE SUPPORT AND FUNDING. (a) The | ||
agency shall provide administrative support for the commission. | ||
(b) Funding for the administrative and operational expenses | ||
of the commission shall be provided by legislative appropriation | ||
made to the agency for that purpose. | ||
Sec. 48.406. RECOMMENDATIONS. (a) The commission shall | ||
develop recommendations under this subchapter to address issues | ||
related to special education funding. | ||
(b) The commission may establish one or more working groups | ||
composed of not more than three members of the commission to study, | ||
discuss, and address specific policy issues and recommendations to | ||
refer to the commission for consideration. | ||
Sec. 48.407. REPORT. Not later than December 31, 2022, the | ||
commission shall prepare and deliver a report to the governor and | ||
the legislature that recommends statutory changes to improve | ||
funding for special education. | ||
Sec. 48.408. PUBLIC MEETINGS AND PUBLIC INFORMATION. (a) | ||
The commission may hold public meetings as needed to fulfill its | ||
duties under this subchapter. | ||
(b) The commission is subject to Chapters 551 and 552, | ||
Government Code. | ||
Sec. 48.409. COMMISSION ABOLISHED; EXPIRATION OF | ||
SUBCHAPTER. The commission is abolished and this subchapter | ||
expires January 1, 2023. | ||
SECTION 43. Subchapter A, Chapter 49, Education Code, is | ||
amended by adding Section 49.0041 to read as follows: | ||
Sec. 49.0041. LOCAL REVENUE LEVEL IN EXCESS OF ENTITLEMENT | ||
AFTER REVIEW NOTIFICATION. If the commissioner determines that a | ||
school district has a local revenue level in excess of entitlement | ||
after the date the commissioner sends notification for the school | ||
year under Section 49.004(a), the commissioner shall include the | ||
amount of the district's local revenue level that exceeded the | ||
level established under Section 48.257 for that school year in the | ||
annual review for the following school year of the district's local | ||
revenue levels under Section 49.004(a). | ||
SECTION 44. Section 49.054(b), Education Code, is amended | ||
to read as follows: | ||
(b) A consolidated [ |
||
district under this subchapter [ |
||
Subchapter G, Chapter 13. | ||
SECTION 45. Section 822.201(b), Government Code, is amended | ||
to read as follows: | ||
(b) "Salary and wages" as used in Subsection (a) means: | ||
(1) normal periodic payments of money for service the | ||
right to which accrues on a regular basis in proportion to the | ||
service performed; | ||
(2) amounts by which the member's salary is reduced | ||
under a salary reduction agreement authorized by Chapter 610; | ||
(3) amounts that would otherwise qualify as salary and | ||
wages under Subdivision (1) but are not received directly by the | ||
member pursuant to a good faith, voluntary written salary reduction | ||
agreement in order to finance payments to a deferred compensation | ||
or tax sheltered annuity program specifically authorized by state | ||
law or to finance benefit options under a cafeteria plan qualifying | ||
under Section 125 of the Internal Revenue Code of 1986, if: | ||
(A) the program or benefit options are made | ||
available to all employees of the employer; and | ||
(B) the benefit options in the cafeteria plan are | ||
limited to one or more options that provide deferred compensation, | ||
group health and disability insurance, group term life insurance, | ||
dependent care assistance programs, or group legal services plans; | ||
(4) performance pay awarded to an employee by a school | ||
district as part of a total compensation plan approved by the board | ||
of trustees of the district and meeting the requirements of | ||
Subsection (e); | ||
(5) the benefit replacement pay a person earns under | ||
Subchapter H, Chapter 659, except as provided by Subsection (c); | ||
(6) stipends paid to teachers in accordance with | ||
former Section 21.410, 21.411, 21.412, or 21.413, Education Code; | ||
(7) amounts by which the member's salary is reduced or | ||
that are deducted from the member's salary as authorized by | ||
Subchapter J, Chapter 659; | ||
(8) a merit salary increase made under Section 51.962, | ||
Education Code; | ||
(9) amounts received under the relevant parts of the | ||
educator excellence awards program under Subchapter O, Chapter 21, | ||
Education Code, or a mentoring program under Section 21.458, | ||
Education Code, that authorize compensation for service; | ||
(10) salary amounts designated as health care | ||
supplementation by an employee under Subchapter D, Chapter 22, | ||
Education Code; [ |
||
(11) to the extent required by Sections 3401(h) and | ||
414(u)(12), Internal Revenue Code of 1986, differential wage | ||
payments received by an individual from an employer on or after | ||
January 1, 2009, while the individual is performing qualified | ||
military service as defined by Section 414(u), Internal Revenue | ||
Code of 1986; and | ||
(12) increased compensation paid to a teacher by a | ||
school district using funds received by the district under the | ||
teacher incentive allotment under Section 48.112, Education Code. | ||
SECTION 46. Section 824.602(a), Government Code, is amended | ||
to read as follows: | ||
(a) Subject to Section 825.506, the retirement system may | ||
not, under Section 824.601, withhold a monthly benefit payment if | ||
the retiree is employed in a Texas public educational institution: | ||
(1) as a substitute only with pay not more than the | ||
daily rate of substitute pay established by the employer and, if the | ||
retiree is a disability retiree, the employment has not exceeded a | ||
total of 90 days in the school year; | ||
(2) in a position, other than as a substitute, on no | ||
more than a one-half time basis for the month; | ||
(3) in one or more positions on as much as a full-time | ||
basis, if the retiree has been separated from service with all Texas | ||
public educational institutions for at least 12 full consecutive | ||
months after the retiree's effective date of retirement; [ |
||
(4) in a position, other than as a substitute, on no | ||
more than a one-half time basis for no more than 90 days in the | ||
school year, if the retiree is a disability retiree; or | ||
(5) as a tutor under Section 33.913, Education Code. | ||
SECTION 47. Subchapter G, Chapter 825, Government Code, is | ||
amended by adding Section 825.604 to read as follows: | ||
Sec. 825.604. INFORMATION PROVIDED TO MEMBERS. The | ||
retirement system shall regularly provide information in an | ||
electronic format to members and retirees regarding the tutoring | ||
program established under Section 33.913, Education Code, that | ||
includes: | ||
(1) general information regarding the tutoring | ||
program; and | ||
(2) a statement directing members and retirees who | ||
want to participate in the tutoring program to contact their local | ||
school districts or open-enrollment charter schools for further | ||
guidance. | ||
SECTION 48. (a) The following provisions of the Education | ||
Code are repealed: | ||
(1) Sections 12.133(d), (d-1), and (e); | ||
(2) Sections 29.026(f) and (m); | ||
(3) Section 29.124; | ||
(4) Section 48.0051(a-1); and | ||
(5) Sections 49.054(a) and (c). | ||
(b) The following provisions, which amended Section 42.006, | ||
Education Code, are repealed: | ||
(1) Section 2, Chapter 1036 (H.B. 548), Acts of the | ||
86th Legislature, Regular Session, 2019; and | ||
(2) Section 8, Chapter 1060 (H.B. 1051), Acts of the | ||
86th Legislature, Regular Session, 2019. | ||
SECTION 49. (a) Except as provided by Subsection (b) of | ||
this section, Section 28.004, Education Code, as amended by this | ||
Act, applies beginning with the 2021-2022 school year. | ||
(b) Section 28.004(j-1), Education Code, as added by this | ||
Act, applies only to a purchase agreement entered into, amended, or | ||
renewed on or after September 1, 2021. | ||
SECTION 50. Section 45.0021, Education Code, as amended by | ||
this Act, applies only to a tax rate adopted on or after the | ||
effective date of this Act. A tax rate adopted before the effective | ||
date of this Act is governed by the law in effect on the date the tax | ||
rate was adopted, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 51. (a) Subject to Subsection (b) of this section, | ||
the changes in law made by this Act apply to a retiree of the Teacher | ||
Retirement System of Texas regardless of whether the person retired | ||
from employment before, on, or after the effective date of this Act. | ||
(b) Section 824.602(a), Government Code, as amended by this | ||
Act, applies only to the employment of a retiree of the Teacher | ||
Retirement System of Texas that occurs on or after the effective | ||
date of this Act. | ||
SECTION 52. To the extent of any conflict, this Act prevails | ||
over another Act of the 87th Legislature, Regular Session, 2021, | ||
relating to nonsubstantive additions to and corrections in enacted | ||
codes. | ||
SECTION 53. (a) Except as provided by Subsections (b) and | ||
(c) of this section, this Act takes effect September 1, 2021. | ||
(b) Sections 28.004 and 31.0211(c), Education Code, as | ||
amended by this Act, take 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, those | ||
sections take effect September 1, 2021. | ||
(c) Section 32.155, Education Code, as amended by this Act, | ||
takes effect September 1, 2023. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1525 was passed by the House on April | ||
22, 2021, by the following vote: Yeas 142, Nays 4, 2 present, not | ||
voting; that the House refused to concur in Senate amendments to | ||
H.B. No. 1525 on May 28, 2021, and requested the appointment of a | ||
conference committee to consider the differences between the two | ||
houses; that the House adopted the conference committee report on | ||
H.B. No. 1525 on May 30, 2021, by the following vote: Yeas 129, | ||
Nays 3, 2 present, not voting; and that the House adopted H.C.R. No. | ||
117 authorizing certain corrections in H.B. No. 1525 on May 31, | ||
2021, by the following vote: Yeas 132, Nays 0, 1 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1525 was passed by the Senate, with | ||
amendments, on May 26, 2021, by the following vote: Yeas 31, Nays | ||
0; at the request of the House, the Senate appointed a conference | ||
committee to consider the differences between the two houses; that | ||
the Senate adopted the conference committee report on H.B. No. 1525 | ||
on May 30, 2021, by the following vote: Yeas 31, Nays 0; and that | ||
the Senate adopted H.C.R. No. 117 authorizing certain corrections | ||
in H.B. No. 1525 on May 31, 2021, by the following vote: Yeas 31, | ||
Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |