Bill Text: TX HB21 | 2017-2018 | 85th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the funding of primary and secondary education.
Spectrum: Slight Partisan Bill (Republican 16-8)
Status: (Engrossed - Dead) 2017-05-27 - Senate appoints conferees-reported [HB21 Detail]
Download: Texas-2017-HB21-Introduced.html
Bill Title: Relating to the funding of primary and secondary education.
Spectrum: Slight Partisan Bill (Republican 16-8)
Status: (Engrossed - Dead) 2017-05-27 - Senate appoints conferees-reported [HB21 Detail]
Download: Texas-2017-HB21-Introduced.html
By: Huberty | H.B. No. 21 |
|
||
|
||
relating to the public school finance system. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 11.158(a), Education Code, is amended to | ||
read as follows: | ||
(a) The board of trustees of an independent school district | ||
may require payment of: | ||
(1) a fee for materials used in any program in which | ||
the resultant product in excess of minimum requirements becomes, at | ||
the student's option, the personal property of the student, if the | ||
fee does not exceed the cost of materials; | ||
(2) membership dues in student organizations or clubs | ||
and admission fees or charges for attending extracurricular | ||
activities, if membership or attendance is voluntary; | ||
(3) a security deposit for the return of materials, | ||
supplies, or equipment; | ||
(4) a fee for personal physical education and athletic | ||
equipment and apparel, although any student may provide the | ||
student's own equipment or apparel if it meets reasonable | ||
requirements and standards relating to health and safety | ||
established by the board; | ||
(5) a fee for items of personal use or products that a | ||
student may purchase at the student's option, such as student | ||
publications, class rings, annuals, and graduation announcements; | ||
(6) a fee specifically permitted by any other statute; | ||
(7) a fee for an authorized voluntary student health | ||
and accident benefit plan; | ||
(8) a reasonable fee, not to exceed the actual annual | ||
maintenance cost, for the use of musical instruments and uniforms | ||
owned or rented by the district; | ||
(9) a fee for items of personal apparel that become the | ||
property of the student and that are used in extracurricular | ||
activities; | ||
(10) a parking fee or a fee for an identification card; | ||
(11) a fee for a driver training course, not to exceed | ||
the actual district cost per student in the program for the current | ||
school year; | ||
(12) a fee for a course offered for credit that | ||
requires the use of facilities not available on the school premises | ||
or the employment of an educator who is not part of the school's | ||
regular staff, if participation in the course is at the student's | ||
option; | ||
(13) a fee for a course offered during summer school, | ||
except that the board may charge a fee for a course required for | ||
graduation only if the course is also offered without a fee during | ||
the regular school year; | ||
(14) a reasonable fee for transportation of a student | ||
who lives within two miles of the school the student attends to and | ||
from that school[ |
||
|
||
|
||
(15) a reasonable fee, not to exceed $50, for costs | ||
associated with an educational program offered outside of regular | ||
school hours through which a student who was absent from class | ||
receives instruction voluntarily for the purpose of making up the | ||
missed instruction and meeting the level of attendance required | ||
under Section 25.092[ |
||
[ |
||
|
||
|
||
|
||
|
||
SECTION 2. Section 29.153(c), Education Code, is amended to | ||
read as follows: | ||
(c) A prekindergarten class under this section shall be | ||
operated on a half-day basis. A district is not required to provide | ||
transportation for a prekindergarten class[ |
||
|
||
|
||
SECTION 3. Sections 29.918(a) and (b), Education Code, are | ||
amended to read as follows: | ||
(a) Notwithstanding Section [ |
||
district or open-enrollment charter school with a high dropout | ||
rate, as determined by the commissioner, must submit a plan to the | ||
commissioner describing the manner in which the district or charter | ||
school intends to use the compensatory education allotment under | ||
Section 42.152 [ |
||
for developing and implementing research-based strategies for | ||
dropout prevention. The district or charter school shall submit | ||
the plan not later than December 1 of each school year preceding the | ||
school year in which the district or charter school will receive the | ||
compensatory education allotment [ |
||
which the plan applies. | ||
(b) A school district or open-enrollment charter school to | ||
which this section applies may not spend or obligate more than 25 | ||
percent of the district's or charter school's compensatory | ||
education allotment [ |
||
commissioner approves the plan submitted under Subsection | ||
(a). The commissioner shall complete an initial review of the | ||
district's or charter school's plan not later than March 1 of the | ||
school year preceding the school year in which the district or | ||
charter school will receive the compensatory education allotment | ||
[ |
||
SECTION 4. Subchapter C, Chapter 30, Education Code, is | ||
amended by adding Section 30.0561 to read as follows: | ||
Sec. 30.0561. TRANSPORTATION ALLOTMENT. The Texas School | ||
for the Deaf is entitled to a transportation allotment paid from the | ||
foundation school fund. The commissioner shall determine the | ||
appropriate allotment. | ||
SECTION 5. Section 30.087(c), Education Code, is amended to | ||
read as follows: | ||
(c) A school district may receive an allotment paid from the | ||
foundation school fund for transportation of students | ||
participating in a regional day school program, as determined by | ||
the commissioner [ |
||
|
||
SECTION 6. Section 34.007, Education Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) A county transportation system is not entitled to | ||
receive funding for transportation costs directly from the state. | ||
Funding for a county transportation system is provided by each | ||
school district participating in the county transportation system | ||
in accordance with the terms of the interlocal contract under | ||
Chapter 791, Government Code, under which the county provides | ||
transportation services for the participating districts. | ||
SECTION 7. Section 39.0233(a), Education Code, is amended | ||
to read as follows: | ||
(a) The agency, in coordination with the Texas Higher | ||
Education Coordinating Board, shall adopt a series of questions to | ||
be included in an end-of-course assessment instrument administered | ||
under Section 39.023(c) to be used for purposes of Section 51.3062. | ||
The questions adopted under this subsection must be developed in a | ||
manner consistent with any college readiness standards adopted | ||
under Section [ |
||
SECTION 8. Section 41.099(a), Education Code, is amended to | ||
read as follows: | ||
(a) Sections [ |
||
only to a district that: | ||
(1) executes an agreement to purchase all attendance | ||
credits necessary to reduce the district's wealth per student to | ||
the equalized wealth level; | ||
(2) executes an agreement to purchase attendance | ||
credits and an agreement under Subchapter E to contract for the | ||
education of nonresident students who transfer to and are educated | ||
in the district but who are not charged tuition; or | ||
(3) executes an agreement under Subchapter E to | ||
contract for the education of nonresident students: | ||
(A) to an extent that does not provide more than | ||
10 percent of the reduction in wealth per student required for the | ||
district to achieve a wealth per student that is equal to or less | ||
than the equalized wealth level; and | ||
(B) under which all revenue paid by the district | ||
to other districts, in excess of the reduction in state aid that | ||
results from counting the weighted average daily attendance of the | ||
students served in the contracting district, is required to be used | ||
for funding a consortium of at least three districts in a county | ||
with a population of less than 40,000 that is formed to support a | ||
technology initiative. | ||
SECTION 9. Section 41.257, Education Code, is amended to | ||
read as follows: | ||
Sec. 41.257. APPLICATION OF SMALL AND SPARSE ADJUSTMENTS | ||
[ |
||
district must apply the benefit of the adjustment or allotment to | ||
the schools of the consolidating district to which Section 42.103 | ||
or[ |
||
consolidated district still qualifies as a small or sparse | ||
district. | ||
SECTION 10. Section 42.006(a-1), Education Code, is amended | ||
to read as follows: | ||
(a-1) 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 the number of students enrolled in the district or school | ||
who are identified as having dyslexia or related disorders. The | ||
agency shall maintain the information provided in accordance with | ||
this subsection. | ||
SECTION 11. Section 42.151(h), Education Code, is amended | ||
to read as follows: | ||
(h) Funds allocated under this section, other than an | ||
indirect cost allotment established under State Board of Education | ||
rule or amounts made available for the transportation of special | ||
education students, must be used in the special education program | ||
under Subchapter A, Chapter 29. | ||
SECTION 12. Section 42.154(c), Education Code, is amended | ||
to read as follows: | ||
(c) Funds allocated under this section, other than an | ||
indirect cost allotment established under State Board of Education | ||
rule or amounts made available for the transportation of career and | ||
technology education students, must be used in providing career and | ||
technology education programs in grades nine through 12 or career | ||
and technology education programs for students with disabilities in | ||
grades seven through 12 under Sections 29.182, 29.183, and 29.184. | ||
SECTION 13. Section 42.1541(a), Education Code, is amended | ||
to read as follows: | ||
(a) For the 2017-2018 and subsequent school years, the [ |
||
State Board of Education shall by rule revise [ |
||
indirect cost allotments established under Sections 42.151(h), | ||
42.152(c), 42.153(b), and 42.154(c) [ |
||
effect for the 2016-2017 [ |
||
increase in the percentage of total maintenance and operations | ||
funding represented by the basic allotment [ |
||
|
||
|
||
|
||
the 85th [ |
||
[ |
||
SECTION 14. Subchapter C, Chapter 42, Education Code, is | ||
amended by adding Section 42.1561 to read as follows: | ||
Sec. 42.1561. ALLOTMENT FOR STUDENT WITH DYSLEXIA OR | ||
RELATED DISORDER. (a) Subject to Subsection (b), for each student | ||
that a school district serves who has been identified as having | ||
dyslexia or a related disorder, the district is entitled to an | ||
annual allotment equal to the district's adjusted basic allotment | ||
as determined under Section 42.102 or Section 42.103, as | ||
applicable, multiplied by 0.1 for each school year or a greater | ||
amount provided by appropriation. | ||
(b) A school district is entitled to the allotment under | ||
Subsection (a) only for a student who: | ||
(1) is receiving instruction that: | ||
(A) meets applicable dyslexia program criteria | ||
established by the agency; and | ||
(B) is provided by a person with specific | ||
training in providing that instruction; or | ||
(2) has received the instruction described by | ||
Subdivision (1) and is permitted, on the basis of having dyslexia or | ||
a related disorder, to use modifications in the classroom and | ||
accommodations in the administration of assessment instruments | ||
under Section 39.023. | ||
(c) Funds allotted under this section must be used in | ||
providing services to students with dyslexia or related disorders. | ||
(d) A school district may receive funding for a student | ||
under this section and Section 42.151 if the student satisfies the | ||
requirements of both sections. | ||
(e) Not more than five percent of a district's students in | ||
average daily attendance are eligible for funding under this | ||
section. | ||
SECTION 15. 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 | ||
[ |
||
42.158 [ |
||
42.102, by the basic allotment for the applicable year; | ||
"DTR" is the district enrichment tax rate of the school | ||
district, which is determined by subtracting the amounts specified | ||
by Subsection (b) from the total amount of maintenance and | ||
operations taxes collected by the school district for the | ||
applicable school year and dividing the difference by the quotient | ||
of the district's taxable value of property as determined under | ||
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 16. Chapter 42, Education Code, is amended by | ||
adding Subchapter H to read as follows: | ||
SUBCHAPTER H. FINANCIAL HARDSHIP TRANSITION PROGRAM | ||
Sec. 42.451. FINANCIAL HARDSHIP GRANTS. (a) From amounts | ||
appropriated for this subchapter, the commissioner may administer a | ||
grant program that provides grants to eligible school districts | ||
that have suffered financial hardship. | ||
(b) A district seeking a grant under this subchapter must | ||
apply to the commissioner in the manner and within the time | ||
prescribed by the commissioner. A district may only submit one | ||
application each year. | ||
(c) In awarding grants under this subchapter, the | ||
commissioner shall give priority to districts experiencing | ||
financial hardship as provided by Section 42.453. | ||
(d) Funding provided to a district under this subchapter is | ||
in addition to all other funding provided under Chapter 41 and this | ||
chapter. | ||
(e) The commissioner may obtain additional information as | ||
needed from a district or other state or local agency to make | ||
determinations in awarding grants under this subchapter. | ||
Sec. 42.452. ELIGIBILITY. (a) A school district is | ||
eligible to receive a grant under this subchapter if the | ||
commissioner determines that the amount of the district's state and | ||
local maintenance and operations revenue per student in weighted | ||
average daily attendance for the school year for which the district | ||
applies for a grant is less than the amount of the district's state | ||
and local maintenance and operations revenue per student in | ||
weighted average daily attendance for the 2016-2017 school year. | ||
(b) For purposes of making the determinations required by | ||
Subsection (a), the commissioner shall: | ||
(1) use the greater of a district's adopted | ||
maintenance and operations tax rate for the 2016 tax year or the tax | ||
year for which the district applies for a grant; | ||
(2) if a district has a compressed tax rate, as defined | ||
by Section 42.101, of less than $1, include all additional tax | ||
effort available to the district in calculating its compressed tax | ||
rate under Section 42.101(a-1) for the 2016-2017 school year and | ||
the school year for which the district applies for a grant; | ||
(3) exclude any decrease in property value | ||
attributable to a reduction in value under Chapter 313, Tax Code, or | ||
to any other reduction in value for which a district is held | ||
harmless; and | ||
(4) for the school year for which the district applies | ||
for a grant, include any funds received by the district under | ||
Chapter 41 or this chapter that offset a loss in revenue, including: | ||
(A) a reduction in the total amount required to | ||
be paid by a district for attendance credits under Section 41.0931; | ||
or | ||
(B) an adjustment under Subchapter E. | ||
(c) Based on the determinations made under Subsection (a), | ||
the commissioner shall calculate a district's loss of revenue per | ||
student in weighted average daily attendance and the percentage | ||
decline in funding between the 2016-2017 school year and the school | ||
year for which the district applies for a grant. | ||
Sec. 42.453. PRIORITY FOR GRANTS. (a) The commissioner | ||
shall award grants by giving priority to school districts in the | ||
following order: | ||
(1) first, to districts for which the loss of revenue | ||
is the result of the loss of state aid that would have been provided | ||
under former Section 42.2516, as that section existed on January 1, | ||
2017; | ||
(2) second, to districts for which the loss of revenue | ||
is a result of the changes made by _.B. No. ___, Acts of the 85th | ||
Legislature, Regular Session, 2017; and | ||
(3) third, to districts for which the loss of revenue | ||
is the result of other financial hardships described in the | ||
district's grant application. | ||
(b) The commissioner shall rank each district's grant | ||
application according to the highest priority applicable to the | ||
district. | ||
(c) In each priority category, the commissioner shall rank | ||
the application of the district with the greatest percentage | ||
decline in revenue first and the application of the district with | ||
the smallest percentage decline last. | ||
Sec. 42.454. AWARD OF GRANTS; AMOUNT. (a) The commissioner | ||
shall award grants to school districts based on the priority | ||
category provided under Section 42.453 and the district's ranking | ||
in the priority category. | ||
(b) Subject to Sections 42.455 and 42.456, the commissioner | ||
shall award each district a grant in an amount equal to the | ||
difference between the district's state and local maintenance and | ||
operations revenue per student in weighted average daily attendance | ||
for the 2016-2017 school year and the school year for which the | ||
grant is awarded, multiplied by the number of students in weighted | ||
average daily attendance during the school year for which the grant | ||
is awarded. | ||
Sec. 42.455. LIMITATION ON GRANT AMOUNT. A school district | ||
may not receive a grant that exceeds the lesser of: | ||
(1) the amount determined under Section 42.454(b); or | ||
(2) the amount that would increase the district's | ||
revenue per student in weighted average daily attendance to an | ||
amount that is equal to | ||
125 percent of the average state and local | ||
maintenance and operations revenue per student in weighted average | ||
daily attendance for the 2016-2017 school year. | ||
Sec. 42.456. FUNDING LIMIT. (a) The amount appropriated | ||
for grants under this subchapter may not exceed $100 million in a | ||
school year. If the total amount of grants awarded for a school | ||
year exceeds the amount appropriated for purposes of this | ||
subchapter, the commissioner shall reduce each school district's | ||
grant proportionally. | ||
(b) Notwithstanding Section 42.455, a district may not | ||
receive a grant under this subchapter for a school year in an amount | ||
that is greater than 10 percent of the total amount of funds | ||
available under this subchapter for that year. | ||
Sec. 42.457. RULES. The commissioner may adopt rules as | ||
necessary to administer this subchapter, including rules | ||
establishing eligibility criteria for a school district to receive | ||
a grant. | ||
Sec. 42.458. DETERMINATION FINAL. A determination by the | ||
commissioner under this subchapter is final and may not be | ||
appealed. | ||
Sec. 42.459. EXPIRATION. This subchapter expires September | ||
1, 2019. | ||
SECTION 17. The following provisions of the Education Code | ||
are repealed: | ||
(1) Section 29.097(g); | ||
(2) Section 29.098(e); | ||
(3) Section 34.002(c); | ||
(4) Section 39.233; | ||
(5) Section 39.234; | ||
(6) Sections 41.002(e), (f), and (g); | ||
(7) Section 42.1541(c); | ||
(8) Section 42.155; | ||
(9) Section 42.160; and | ||
(10) Section 42.2513. | ||
SECTION 18. This Act takes effect September 1, 2017. |