Bill Text: TX HB2442 | 2017-2018 | 85th Legislature | Comm Sub
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Bill Title: Relating to the minutes of operation required for public school districts, charter schools, and other education programs and to calculating the average daily attendance for certain education programs.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2017-06-15 - Effective immediately [HB2442 Detail]
Download: Texas-2017-HB2442-Comm_Sub.html
Bill Title: Relating to the minutes of operation required for public school districts, charter schools, and other education programs and to calculating the average daily attendance for certain education programs.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2017-06-15 - Effective immediately [HB2442 Detail]
Download: Texas-2017-HB2442-Comm_Sub.html
By: King of Hemphill | H.B. No. 2442 | |
(Senate Sponsor - Taylor of Galveston) | ||
(In the Senate - Received from the House May 5, 2017; | ||
May 11, 2017, read first time and referred to Committee on | ||
Education; May 23, 2017, reported adversely, with favorable | ||
Committee Substitute by the following vote: Yeas 9, Nays 0; | ||
May 23, 2017, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR H.B. No. 2442 | By: Taylor of Galveston |
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relating to the minimum amount of student instruction required to | ||
be provided by public schools and education programs and | ||
calculation of average daily attendance for public school students. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 25.081(a), (b), and (c), Education | ||
Code, are amended to read as follows: | ||
(a) Except as authorized under [ |
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section, Section 25.084, or Section 29.0821, for each school year | ||
each school district must operate so that the district provides for | ||
at least 180 days of instruction for students. A district may elect | ||
to provide less than 180 days of instruction for students if the | ||
district provides at least 75,600 minutes of instruction, including | ||
intermissions and recesses, for students. | ||
(b) The commissioner may approve the instruction of | ||
students for fewer than the number of days or minutes required under | ||
Subsection (a) if disaster, flood, extreme weather conditions, fuel | ||
curtailment, or another calamity causes the closing of schools. | ||
(c) If the commissioner does not approve reduced | ||
instruction time under Subsection (b), a school district may add | ||
additional days to the district's normal school calendar or | ||
additional minutes to the end of the district's normal school hours | ||
as necessary to compensate for days or minutes of instruction lost | ||
due to school closures caused by disaster, flood, extreme weather | ||
conditions, fuel curtailment, or another calamity. | ||
SECTION 2. Section 25.082, Education Code, is amended by | ||
amending Subsection (a) and adding Subsection (a-1) to read as | ||
follows: | ||
(a) A school day shall be at least seven hours each day, | ||
including intermissions and recesses, except as provided by | ||
Subsection (a-1). | ||
(a-1) Subsection (a) does not apply to a campus that only | ||
operates a program authorized as a half-day program by law or by | ||
rule or to a charter school operating under Chapter 12. | ||
SECTION 3. Section 42.005, Education Code, is amended by | ||
amending Subsection (a) and adding Subsections (a-1), (g-1), and | ||
(i) through (o) to read as follows: | ||
(a) In this chapter, average daily attendance is: | ||
(1) the quotient of the sum of attendance for each day | ||
[ |
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Section 25.081(a) divided by the actual [ |
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instruction; | ||
(2) for a district that operates under a flexible year | ||
program under Section 29.0821, the quotient of the sum of | ||
attendance for each actual day of instruction as permitted by | ||
Section 29.0821(b)(1) divided by the number of actual days of | ||
instruction as permitted by Section 29.0821(b)(1); or | ||
(3) for a district that operates under a flexible | ||
school day program under Section 29.0822, the average daily | ||
attendance as calculated by the commissioner in accordance with | ||
Sections 29.0822(d) and (d-1). | ||
(a-1) For purposes of calculating average daily attendance, | ||
a student is eligible for inclusion on the basis of a full day of | ||
attendance if the student is enrolled for at least 240 minutes of | ||
instructional time. | ||
(g-1) The commissioner shall adopt rules to calculate | ||
average daily attendance for students participating in a blended | ||
learning program in which classroom instruction is supplemented | ||
with applied workforce learning opportunities, including | ||
participation of students in internships, externships, and | ||
apprenticeships. | ||
(i) A district or a charter school operating under Chapter | ||
12 that operates a prekindergarten program is eligible to receive | ||
one-half of average daily attendance under Subsection (a) if the | ||
district's or charter school's prekindergarten program provides at | ||
least: | ||
(1) 32,400 minutes of instructional time to students; | ||
or | ||
(2) 180 days of instruction to students, with a number | ||
of hours of instruction per day that results in the equivalent of | ||
32,400 minutes of instructional time. | ||
(j) A district or charter school is eligible to earn full | ||
average daily attendance under Subsection (a) if the district or | ||
school provides at least 43,200 minutes of instructional time to | ||
students enrolled in: | ||
(1) a dropout recovery school or program operating | ||
under Section 12.1141(c) or Section 39.0548; | ||
(2) an alternative education program operating under | ||
Section 37.008, if Section 25.082(a) does not apply to the program; | ||
(3) a school program located at a day treatment | ||
facility, residential treatment facility, psychiatric hospital, or | ||
medical hospital; | ||
(4) a school program offered at a correctional | ||
facility; or | ||
(5) a school operating under Section 29.259. | ||
(k) A charter school operating under a charter granted under | ||
Chapter 12 before September 1, 2015, is eligible to earn full | ||
average daily attendance under Subsection (a), as that subsection | ||
existed immediately before September 1, 2015, for: | ||
(1) all campuses of the charter school operating | ||
before September 1, 2015; and | ||
(2) any campus or site expansion approved on or after | ||
September 1, 2015. | ||
(l) A school district campus described by Section | ||
25.082(a-1) or charter school may operate more than one program and | ||
be eligible for full average daily attendance for each program if | ||
the programs operated by the district campus or charter school | ||
satisfy all applicable state and federal requirements. | ||
(m) In accordance with rules adopted by the commissioner, | ||
each charter school operating under Chapter 12 shall notify the | ||
commissioner if the charter school will provide: | ||
(1) at least 180 days of instruction for students; or | ||
(2) less than 180 days of instruction for students, | ||
but at least 75,600 minutes of instruction, including intermissions | ||
and recess. | ||
(n) The commissioner shall adopt rules necessary to | ||
implement this section, including rules that: | ||
(1) establish the minimum amount of instructional time | ||
per day that allows a school district or charter school to be | ||
eligible for full average daily attendance, which may differ based | ||
on the instructional program offered by the district or charter | ||
school; | ||
(2) establish the requirements necessary for a school | ||
district or charter school to be eligible for one-half of average | ||
daily attendance, which may differ based on the instructional | ||
program offered by the district or charter school; and | ||
(3) proportionally reduce the average daily | ||
attendance for a school district if any campus or instructional | ||
program in the district provides fewer than the required minimum | ||
days or minutes of instruction to students. | ||
(o) To assist school districts in implementing this section | ||
as amended by H.B. 2442, Acts of the 85th Legislature, Regular | ||
Session, 2017, or similar legislation, the commissioner may waive a | ||
requirement of this section or adopt rules to implement this | ||
section. This subsection expires at the end of the 2018-2019 school | ||
year. | ||
SECTION 4. Section 25.081(e), Education Code, is repealed. | ||
SECTION 5. This Act applies beginning with the 2017-2018 | ||
school year. | ||
SECTION 6. This Act takes effect immediately if it 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, this | ||
Act takes effect September 1, 2017. | ||
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