Bill Text: TX HB3 | 2019-2020 | 86th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to public school finance and public education; creating a criminal offense; authorizing the imposition of a fee.
Sponsorship: Bipartisan Bill
Status: (Passed) 2019-06-12 - See remarks for effective date [HB3 Detail]
Download: Texas-2019-HB3-Comm_Sub.html
Bill Title: Relating to public school finance and public education; creating a criminal offense; authorizing the imposition of a fee.
Sponsorship: Bipartisan Bill
Status: (Passed) 2019-06-12 - See remarks for effective date [HB3 Detail]
Download: Texas-2019-HB3-Comm_Sub.html
| By: Huberty, et al. (Senate Sponsor - Taylor) | H.B. No. 3 | |
| (In the Senate - Received from the House April 4, 2019; | ||
| April 4, 2019, read first time and referred to Committee on | ||
| Education; May 1, 2019, reported adversely, with favorable | ||
| Committee Substitute by the following vote: Yeas 8, Nays 0, | ||
| 3 present not voting; May 1, 2019, sent to printer.) | ||
| COMMITTEE SUBSTITUTE FOR H.B. No. 3 | By: Taylor | |
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| relating to public school finance and public education; authorizing | ||
| the imposition of a fee. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| ARTICLE 1. PUBLIC SCHOOL FINANCE | ||
| SECTION 1.001. Section 12.106, Education Code, is amended | ||
| by amending Subsections (a), (a-1), and (a-2) and adding | ||
| Subsections (a-3) and (a-4) to read as follows: | ||
| (a) A charter holder is entitled to receive for the | ||
| open-enrollment charter school funding under Chapter 48 [ |
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| to the amount of funding per student in weighted average daily | ||
| attendance, excluding the adjustment under Section 48.052, the | ||
| allotments under Sections 48.101, 48.109, 48.110, 48.111, and | ||
| 48.112, and enrichment funding under Section 48.202(a) | ||
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| school under Chapter 48 [ |
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| without a tier one local share for purposes of Section 48.266 | ||
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| (a-1) In addition to the funding provided by Subsection (a), | ||
| a charter holder is entitled to receive for the open-enrollment | ||
| charter school an allotment per student in average daily attendance | ||
| in an amount equal to the product of: | ||
| (1) the quotient of: | ||
| (A) the total amount of funding provided to | ||
| eligible school districts under Section 48.101; and | ||
| (B) the total number of students in average daily | ||
| attendance in school districts that receive an allotment under | ||
| Section 48.101; and | ||
| (2) the sum of one and the quotient of: | ||
| (A) the total number of students in average daily | ||
| attendance in school districts that receive an allotment under | ||
| Section 48.101; and | ||
| (B) the total number of students in average daily | ||
| attendance in school districts statewide. [ |
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| (a-2) In addition to the funding provided by Subsections | ||
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| for the open-enrollment charter school enrichment funding under | ||
| Section 48.202 [ |
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| (a-3) In addition to the funding provided by Subsections | ||
| (a), (a-1), and (a-2), a charter holder is entitled to receive | ||
| funding for the open-enrollment charter school under Sections | ||
| 48.109, 48.110, and 48.112 and Subchapter D, Chapter 48, if the | ||
| charter holder would be entitled to the funding if the school were a | ||
| school district. | ||
| (a-4) In addition to the funding provided by Subsections | ||
| (a), (a-1), (a-2), and (a-3), for an open-enrollment charter school | ||
| that does not receive an allotment under Section 48.051, a charter | ||
| holder is entitled to receive for the school an allotment under | ||
| Section 48.101 for each student in average daily attendance based | ||
| on the number of students in average daily attendance for which the | ||
| school receives an allotment under Section 48.102. | ||
| SECTION 1.002. Section 13.054, Education Code, is amended | ||
| by adding Subsection (f-1) to read as follows: | ||
| (f-1) Notwithstanding Subsection (f), for the 2019-2020 and | ||
| 2020-2021 school years, for a district receiving additional funding | ||
| under Subsection (f) for an annexation that occurred before | ||
| September 1, 2019, the value for the fraction under Subsection (f) | ||
| shall be substituted with the value that is equal to the fraction | ||
| determined under that subsection multiplied by the state | ||
| compression percentage, as determined under Section 48.255. This | ||
| subsection expires September 1, 2021. | ||
| SECTION 1.003. Section 25.084, Education Code, is amended | ||
| by amending Subsection (b) and adding Subsection (c) to read as | ||
| follows: | ||
| (b) Except as provided by Subsection (c), the [ |
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| operation of schools year-round by a district does not affect the | ||
| amount of state funds to which the district is entitled under | ||
| Chapter 48 [ |
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| (c) A district that adopts a year-round system under this | ||
| section may receive the incentive aid under Section 48.0051 if the | ||
| district meets the criteria for receiving the incentive under that | ||
| section. | ||
| SECTION 1.004. Section 30.003, Education Code, is amended | ||
| by amending Subsection (f-1) and adding Subsection (f-2) to read as | ||
| follows: | ||
| (f-1) The commissioner shall determine the total amount | ||
| that the Texas School for the Blind and Visually Impaired and the | ||
| Texas School for the Deaf would have received from school districts | ||
| in accordance with this section if the following provisions had not | ||
| reduced the districts' share of the cost of providing education | ||
| services: | ||
| (1) H.B. No. 1, Acts of the 79th Legislature, 3rd | ||
| Called Session, 2006; | ||
| (2) Section 45.0032; and | ||
| (3) Section 48.255. | ||
| (f-2) The amount determined under Subsection (f-1), [ |
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| from school districts, shall be set aside as a separate account in | ||
| the foundation school fund and appropriated to those schools for | ||
| educational purposes. | ||
| SECTION 1.005. Section 44.004, Education Code, is amended | ||
| by amending Subsections (c) and (e) and adding Subsection (c-2) to | ||
| read as follows: | ||
| (c) The notice of public meeting to discuss and adopt the | ||
| budget and the proposed tax rate may not be smaller than one-quarter | ||
| page of a standard-size or a tabloid-size newspaper, and the | ||
| headline on the notice must be in 18-point or larger type. Subject | ||
| to Subsection (d), the notice must: | ||
| (1) contain a statement in the following form: | ||
| "NOTICE OF PUBLIC MEETING TO DISCUSS BUDGET AND PROPOSED TAX RATE | ||
| "The (name of school district) will hold a public meeting at | ||
| (time, date, year) in (name of room, building, physical location, | ||
| city, state). The purpose of this meeting is to discuss the school | ||
| district's budget that will determine the tax rate that will be | ||
| adopted. Public participation in the discussion is invited." The | ||
| statement of the purpose of the meeting must be in bold type. In | ||
| reduced type, the notice must state: "The tax rate that is | ||
| ultimately adopted at this meeting or at a separate meeting at a | ||
| later date may not exceed the proposed rate shown below unless the | ||
| district publishes a revised notice containing the same information | ||
| and comparisons set out below and holds another public meeting to | ||
| discuss the revised notice."; | ||
| (2) contain a section entitled "Comparison of Proposed | ||
| Budget with Last Year's Budget," which must show the difference, | ||
| expressed as a percent increase or decrease, as applicable, in the | ||
| amounts budgeted for the preceding fiscal year and the amount | ||
| budgeted for the fiscal year that begins in the current tax year for | ||
| each of the following: | ||
| (A) maintenance and operations; | ||
| (B) debt service; and | ||
| (C) total expenditures; | ||
| (3) contain a section entitled "Total Appraised Value | ||
| and Total Taxable Value," which must show the total appraised value | ||
| and the total taxable value of all property and the total appraised | ||
| value and the total taxable value of new property taxable by the | ||
| district in the preceding tax year and the current tax year as | ||
| calculated under Section 26.04, Tax Code; | ||
| (4) contain a statement of the total amount of the | ||
| outstanding and unpaid bonded indebtedness of the school district; | ||
| (5) contain a section entitled "Comparison of Proposed | ||
| Rates with Last Year's Rates," which must: | ||
| (A) show in rows the tax rates described by | ||
| Subparagraphs (i)-(iii), expressed as amounts per $100 valuation of | ||
| property, for columns entitled "Maintenance & Operations," | ||
| "Interest & Sinking Fund," and "Total," which is the sum of | ||
| "Maintenance & Operations" and "Interest & Sinking Fund": | ||
| (i) the school district's "Last Year's | ||
| Rate"; | ||
| (ii) the "Rate to Maintain Same Level of | ||
| Maintenance & Operations Revenue & Pay Debt Service," which: | ||
| (a) in the case of "Maintenance & | ||
| Operations," is the tax rate that, when applied to the current | ||
| taxable value for the district, as certified by the chief appraiser | ||
| under Section 26.01, Tax Code, and as adjusted to reflect changes | ||
| made by the chief appraiser as of the time the notice is prepared, | ||
| would impose taxes in an amount that, when added to state funds to | ||
| be distributed to the district under Chapter 48 [ |
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| the same amount of maintenance and operations taxes and state funds | ||
| distributed under Chapter 48 [ |
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| attendance for the applicable school year that was available to the | ||
| district in the preceding school year; and | ||
| (b) in the case of "Interest & Sinking | ||
| Fund," is the tax rate that, when applied to the current taxable | ||
| value for the district, as certified by the chief appraiser under | ||
| Section 26.01, Tax Code, and as adjusted to reflect changes made by | ||
| the chief appraiser as of the time the notice is prepared, and when | ||
| multiplied by the district's anticipated collection rate, would | ||
| impose taxes in an amount that, when added to state funds to be | ||
| distributed to the district under Chapter 46 and any excess taxes | ||
| collected to service the district's debt during the preceding tax | ||
| year but not used for that purpose during that year, would provide | ||
| the amount required to service the district's debt; and | ||
| (iii) the "Proposed Rate"; | ||
| (B) contain fourth and fifth columns aligned with | ||
| the columns required by Paragraph (A) that show, for each row | ||
| required by Paragraph (A): | ||
| (i) the "Local Revenue per Student," which | ||
| is computed by multiplying the district's total taxable value of | ||
| property, as certified by the chief appraiser for the applicable | ||
| school year under Section 26.01, Tax Code, and as adjusted to | ||
| reflect changes made by the chief appraiser as of the time the | ||
| notice is prepared, by the total tax rate, and dividing the product | ||
| by the number of students in average daily attendance in the | ||
| district for the applicable school year; and | ||
| (ii) the "State Revenue per Student," which | ||
| is computed by determining the amount of state aid received or to be | ||
| received by the district under Chapters [ |
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| and dividing that amount by the number of students in average daily | ||
| attendance in the district for the applicable school year; and | ||
| (C) contain an asterisk after each calculation | ||
| for "Interest & Sinking Fund" and a footnote to the section that, in | ||
| reduced type, states "The Interest & Sinking Fund tax revenue is | ||
| used to pay for bonded indebtedness on construction, equipment, or | ||
| both. The bonds, and the tax rate necessary to pay those bonds, were | ||
| approved by the voters of this district."; | ||
| (6) contain a section entitled "Comparison of Proposed | ||
| Levy with Last Year's Levy on Average Residence," which must: | ||
| (A) show in rows the information described by | ||
| Subparagraphs (i)-(iv), rounded to the nearest dollar, for columns | ||
| entitled "Last Year" and "This Year": | ||
| (i) "Average Market Value of Residences," | ||
| determined using the same group of residences for each year; | ||
| (ii) "Average Taxable Value of Residences," | ||
| determined after taking into account the limitation on the | ||
| appraised value of residences under Section 23.23, Tax Code, and | ||
| after subtracting all homestead exemptions applicable in each year, | ||
| other than exemptions available only to disabled persons or persons | ||
| 65 years of age or older or their surviving spouses, and using the | ||
| same group of residences for each year; | ||
| (iii) "Last Year's Rate Versus Proposed | ||
| Rate per $100 Value"; and | ||
| (iv) "Taxes Due on Average Residence," | ||
| determined using the same group of residences for each year; and | ||
| (B) contain the following information: "Increase | ||
| (Decrease) in Taxes" expressed in dollars and cents, which is | ||
| computed by subtracting the "Taxes Due on Average Residence" for | ||
| the preceding tax year from the "Taxes Due on Average Residence" for | ||
| the current tax year; | ||
| (7) contain the following statement in bold print: | ||
| "Under state law, the dollar amount of school taxes imposed on the | ||
| residence of a person 65 years of age or older or of the surviving | ||
| spouse of such a person, if the surviving spouse was 55 years of age | ||
| or older when the person died, may not be increased above the amount | ||
| paid in the first year after the person turned 65, regardless of | ||
| changes in tax rate or property value."; | ||
| (8) contain the following statement in bold print: | ||
| "Notice of Rollback Rate: The highest tax rate the district can | ||
| adopt before requiring voter approval at an election is (the school | ||
| district rollback rate determined under Section 26.08, Tax Code). | ||
| This election will be automatically held if the district adopts a | ||
| rate in excess of the rollback rate of (the school district rollback | ||
| rate)."; and | ||
| (9) contain a section entitled "Fund Balances," which | ||
| must include the estimated amount of interest and sinking fund | ||
| balances and the estimated amount of maintenance and operation or | ||
| general fund balances remaining at the end of the current fiscal | ||
| year that are not encumbered with or by corresponding debt | ||
| obligation, less estimated funds necessary for the operation of the | ||
| district before the receipt of the first payment under Chapter 48 | ||
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| (c-2) The notice described by Subsection (c) must include a | ||
| statement that a school district may not increase the district's | ||
| maintenance and operations tax rate to create a surplus in | ||
| maintenance and operations tax revenue for the purpose of paying | ||
| the district's debt service. | ||
| (e) A person who owns taxable property in a school district | ||
| is entitled to an injunction restraining the collection of taxes by | ||
| the district if the district has not complied with the requirements | ||
| of Subsections (b), (c), (c-1), (c-2), and (d), and, if applicable, | ||
| Subsection (i), and the failure to comply was not in good faith. An | ||
| action to enjoin the collection of taxes must be filed before the | ||
| date the [ |
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| bills. | ||
| SECTION 1.006. Subchapter A, Chapter 45, Education Code, is | ||
| amended by adding Section 45.0021 to read as follows: | ||
| Sec. 45.0021. RESTRICTION ON MAINTENANCE TAX LEVY. (a) A | ||
| school district may not increase the rate of the district's | ||
| maintenance taxes described by Section 45.002 to create a surplus | ||
| in maintenance tax revenue for the purpose of paying the district's | ||
| debt service. | ||
| (b) A person who owns taxable property in a school district | ||
| is entitled to an injunction restraining the collection of taxes by | ||
| the district if the district adopts a maintenance tax rate in | ||
| violation of Subsection (a). An action to enjoin the collection of | ||
| taxes must be filed before the date the district delivers | ||
| substantially all of the district's tax bills. | ||
| SECTION 1.007. Section 45.003, Education Code, is amended | ||
| by adding Subsections (b-1), (d-1), (d-2), and (d-3) and amending | ||
| Subsections (d) and (f) to read as follows: | ||
| (b-1) The ballot proposition under Subsection (b) must | ||
| include the following statement: "THIS IS A PROPERTY TAX INCREASE." | ||
| (d) A proposition submitted to authorize the levy of | ||
| maintenance taxes must include the question of whether the | ||
| governing board or commissioners court may levy, assess, and | ||
| collect annual ad valorem taxes for the further maintenance of | ||
| public schools, at a rate not to exceed the rate stated in the | ||
| proposition. For any year, the maintenance tax rate per $100 of | ||
| taxable value adopted by the district may not exceed the rate equal | ||
| to the sum of $0.17 and the product of the state compression | ||
| percentage, as determined under Section 48.255 [ |
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| multiplied by $1.00 [ |
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| (d-1) Except as provided by Subsection (d-2) or Section | ||
| 26.08(a-1), Tax Code, a school district may not adopt a maintenance | ||
| and operations tax rate for the 2019 tax year that exceeds the tax | ||
| rate that results after adjusting the district's 2018 tax rate in | ||
| accordance with Sections 45.0032, 48.202, and 48.255. | ||
| (d-2) A school district that, before January 1, 2019, | ||
| adopted a strategic plan through action taken by the board of | ||
| trustees of the school district during a public meeting that | ||
| proposed a maintenance and operations tax rate for the 2019 tax year | ||
| that exceeds the rate permitted under Subsection (d-1) may, subject | ||
| to voter approval, adopt a rate that is equal to the sum of the rate | ||
| permitted under Subsection (d-1) and one-half the difference | ||
| between the maximum rate permitted under Section 45.003, as that | ||
| section existed during the 2018 tax year, and the district's | ||
| adopted tax rate for the 2018 tax year. | ||
| (d-3) Subsections (d-1) and (d-2) and this subsection | ||
| expire September 1, 2020. | ||
| (f) Notwithstanding any other law, a district that levied a | ||
| maintenance tax for the 2005 tax year at a rate greater than $1.50 | ||
| per $100 of taxable value in the district as permitted by special | ||
| law may not levy a maintenance tax at a rate that exceeds the rate | ||
| per $100 of taxable value that is equal to the sum of: | ||
| (1) $0.17; and | ||
| (2) the product of 66.67 percent [ |
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| multiplied by the rate of the maintenance tax levied by the district | ||
| for the 2005 tax year, minus the amount by which $1.00 exceeds the | ||
| product of the state compression percentage, as determined under | ||
| Section 48.255, multiplied by $1.00. | ||
| SECTION 1.008. Subchapter A, Chapter 45, Education Code, is | ||
| amended by adding Section 45.0032 to read as follows: | ||
| Sec. 45.0032. COMPONENTS OF MAINTENANCE AND OPERATIONS TAX. | ||
| (a) A school district's tier one maintenance and operations tax | ||
| rate is the number of cents levied by the district for maintenance | ||
| and operations that does not exceed the product of the state | ||
| compression percentage, as determined under Section 48.255, | ||
| multiplied by $1.00. | ||
| (b) A district's enrichment tax rate consists of: | ||
| (1) any cents of additional maintenance and operations | ||
| tax effort, not to exceed six cents over the maximum tax rate | ||
| described by Subsection (a); and | ||
| (2) any cents of additional maintenance and operations | ||
| tax effort that exceeds the sum of the maximum tax rate described by | ||
| Subsection (a) and the maximum number of cents permitted under | ||
| Subdivision (1). | ||
| (c) For a district to which Section 45.003(f) applies, any | ||
| cents of maintenance and operations tax effort that exceeds the | ||
| maximum rate permitted under Section 45.003(d) are not included in | ||
| the district's tier one maintenance and operations tax rate under | ||
| Subsection (a) or the district's enrichment tax rate under | ||
| Subsection (b), and the district is not entitled to the guaranteed | ||
| yield amount of state funds under Section 48.202 for those cents of | ||
| tax effort. | ||
| (d) For a district to which Section 26.08(a-1), Tax Code, | ||
| applies, the amount by which the district's maintenance tax rate | ||
| exceeds the district's rollback tax rate for the preceding year is | ||
| not considered in determining a district's tier one maintenance and | ||
| operations tax rate under Subsection (a) or the district's | ||
| enrichment tax rate under Subsection (b) for the current tax year. | ||
| SECTION 1.009. Subtitle I, Title 2, Education Code, is | ||
| amended by adding Chapter 48, and a heading is added to that chapter | ||
| to read as follows: | ||
| CHAPTER 48. FOUNDATION SCHOOL PROGRAM | ||
| SECTION 1.010. Chapter 48, Education Code, as added by this | ||
| Act, is amended by adding Subchapter A, and a heading is added to | ||
| that subchapter to read as follows: | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| SECTION 1.011. Sections 42.001, 42.002, 42.003, 42.004, and | ||
| 42.005, Education Code, are transferred to Subchapter A, Chapter | ||
| 48, Education Code, as added by this Act, redesignated as Sections | ||
| 48.001, 48.002, 48.003, 48.004, and 48.005, Education Code, and | ||
| amended to read as follows: | ||
| Sec. 48.001 [ |
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| of this state that the provision of public education is a state | ||
| responsibility and that a thorough and efficient system be provided | ||
| and substantially financed through state revenue sources so that | ||
| each student enrolled in the public school system shall have access | ||
| to programs and services that are appropriate to the student's | ||
| educational needs and that are substantially equal to those | ||
| available to any similar student, notwithstanding varying local | ||
| economic factors. | ||
| (b) The public school finance system of this state shall | ||
| adhere to a standard of neutrality that provides for substantially | ||
| equal access to similar revenue per student at similar tax effort, | ||
| considering all state and local tax revenues of districts after | ||
| acknowledging all legitimate student and district cost | ||
| differences. | ||
| Sec. 48.002 [ |
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| PROGRAM. (a) The purposes of the Foundation School Program set | ||
| forth in this chapter are to guarantee that each school district in | ||
| the state has: | ||
| (1) adequate resources to provide each eligible | ||
| student a basic instructional program and facilities suitable to | ||
| the student's educational needs; and | ||
| (2) access to a substantially equalized program of | ||
| financing in excess of basic costs for certain services, as | ||
| provided by this chapter. | ||
| (b) The Foundation School Program consists of: | ||
| (1) two tiers that in combination provide for: | ||
| (A) sufficient financing for all school | ||
| districts to provide a basic program of education that is rated | ||
| acceptable or higher under Section 39.054 and meets other | ||
| applicable legal standards; and | ||
| (B) substantially equal access to funds to | ||
| provide an enriched program; and | ||
| (2) a facilities component as provided by Chapter 46. | ||
| Sec. 48.003 [ |
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| student is entitled to the benefits of the Foundation School | ||
| Program if, on September 1 of the school year, the student: | ||
| (1) is 5 years of age or older and under 21 years of age | ||
| and has not graduated from high school, or is at least 21 years of | ||
| age and under 26 years of age and has been admitted by a school | ||
| district to complete the requirements for a high school diploma; or | ||
| (2) is at least 19 years of age and under 26 years of | ||
| age and is enrolled in an adult high school diploma and industry | ||
| certification charter school pilot program under Section 29.259. | ||
| (b) A student to whom Subsection (a) does not apply is | ||
| entitled to the benefits of the Foundation School Program if the | ||
| student is enrolled in a prekindergarten class under Section 29.153 | ||
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| (c) A child may be enrolled in the first grade if the child | ||
| is at least six years of age at the beginning of the school year of | ||
| the district or has been enrolled in the first grade or has | ||
| completed kindergarten in the public schools in another state | ||
| before transferring to a public school in this state. | ||
| (d) Notwithstanding Subsection (a), a student younger than | ||
| five years of age is entitled to the benefits of the Foundation | ||
| School Program if: | ||
| (1) the student performs satisfactorily on the | ||
| assessment instrument administered under Section 39.023(a) to | ||
| students in the third grade; and | ||
| (2) the district has adopted a policy for admitting | ||
| students younger than five years of age. | ||
| Sec. 48.004 [ |
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| The commissioner[ |
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| to implement and administer the Foundation School Program. | ||
| (b) A decision made by the commissioner under this chapter | ||
| is final and may not be appealed. | ||
| Sec. 48.005 [ |
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| this chapter, average daily attendance is: | ||
| (1) the quotient of the sum of attendance for each day | ||
| of the minimum number of days of instruction as described under | ||
| Section 25.081(a) divided by the minimum number of days of | ||
| 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); | ||
| (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); or | ||
| (4) for a district that operates a half-day program or | ||
| a full-day program under Section 29.153(c), one-half of the average | ||
| daily attendance calculated under Subdivision (1). | ||
| (b) A school district that experiences a decline of two | ||
| percent or more in average daily attendance shall be funded on the | ||
| basis of: | ||
| (1) the actual average daily attendance of the | ||
| preceding school year, if the decline is the result of the closing | ||
| or reduction in personnel of a military base; or | ||
| (2) subject to Subsection (e), an average daily | ||
| attendance not to exceed 98 percent of the actual average daily | ||
| attendance of the preceding school year, if the decline is not the | ||
| result of the closing or reduction in personnel of a military base. | ||
| (c) The commissioner shall adjust the average daily | ||
| attendance of a school district that has a significant percentage | ||
| of students who are migratory children as defined by 20 U.S.C. | ||
| Section 6399. | ||
| (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. | ||
| (e) For each school year, the commissioner shall adjust the | ||
| average daily attendance of school districts that are entitled to | ||
| funding on the basis of an adjusted average daily attendance under | ||
| Subsection (b)(2) so that: | ||
| (1) all districts are funded on the basis of the same | ||
| percentage of the preceding year's actual average daily attendance; | ||
| and | ||
| (2) the total cost to the state does not exceed the | ||
| amount specifically appropriated for that year for purposes of | ||
| Subsection (b)(2). | ||
| (f) An open-enrollment charter school is not entitled to | ||
| funding based on an adjustment under Subsection (b)(2). | ||
| (g) If a student may receive course credit toward the | ||
| student's high school academic requirements and toward the | ||
| student's higher education academic requirements for a single | ||
| course, including a course provided under Section 28.009 by a | ||
| public institution of higher education, the time during which the | ||
| student attends the course shall be counted as part of the minimum | ||
| number of instructional hours required for a student to be | ||
| considered a full-time student in average daily attendance for | ||
| purposes of this section. | ||
| (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. | ||
| (h) Subject to rules adopted by the commissioner under | ||
| Section 48.007(b) [ |
||
| an off-campus instructional program approved under Section | ||
| 48.007(a) [ |
||
| number of instructional hours required for a student to be | ||
| considered a full-time student in average daily attendance for | ||
| purposes of this section. | ||
| (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 32,400 minutes of instructional time to students. | ||
| (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; | ||
| (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 January 1, 2015, is eligible to earn full average | ||
| daily attendance under Subsection (a), as that subsection existed | ||
| immediately before January 1, 2015, for: | ||
| (1) all campuses of the charter school operating | ||
| before January 1, 2015; and | ||
| (2) any campus or site expansion approved on or after | ||
| January 1, 2015, provided that the charter school received an | ||
| academic accountability performance rating of C or higher, and the | ||
| campus or site expansion is approved by the commissioner. | ||
| (l) A school district campus or charter school described by | ||
| Subsection (j) 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) 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 | ||
| minutes of instruction to students. | ||
| (n) To assist school districts in implementing this section | ||
| as amended by H.B. 2442, Acts of the 85th Legislature, Regular | ||
| Session, 2017, [ |
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| a requirement of this section or adopt rules to implement this | ||
| section. [ |
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|
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| SECTION 1.012. Subchapter A, Chapter 48, Education Code, as | ||
| added by this Act, is amended by adding Section 48.0051 to read as | ||
| follows: | ||
| Sec. 48.0051. INCENTIVE FOR ADDITIONAL INSTRUCTIONAL DAYS. | ||
| (a) Subject to Subsection (a-1), the commissioner shall adjust the | ||
| average daily attendance of a school district or open-enrollment | ||
| charter school under Section 48.005 in the manner provided by | ||
| Subsection (b) if the district or school: | ||
| (1) provides the minimum number of minutes of | ||
| operational and instructional time required under Section 25.081 | ||
| and commissioner rules adopted under that section over at least 180 | ||
| days of instruction; and | ||
| (2) offers an additional 30 days of half-day | ||
| instruction for students who are educationally disadvantaged and | ||
| enrolled in prekindergarten through fifth grade. | ||
| (a-1) A school district entitled to an incentive under this | ||
| section and funding for a campus under Section 48.252 may receive | ||
| only the incentive or funding for the campus, as applicable, that | ||
| would result in the greater amount of funding. | ||
| (b) For a school district or open-enrollment charter school | ||
| described by Subsection (a), the commissioner shall increase the | ||
| average daily attendance of the district or school under Section | ||
| 48.005 by the amount that results from the quotient of the sum of | ||
| attendance by students described by Subsection (a)(2) for each of | ||
| the 30 additional instructional days of half-day instruction that | ||
| are provided divided by 180. | ||
| (c) The commissioner may provide the incentive under this | ||
| section to a school district or open-enrollment charter school that | ||
| intended, but due to circumstances beyond the district's or | ||
| school's control, including the occurrence of a natural disaster | ||
| affecting the district or school, was unable to meet the | ||
| requirement for instruction under Section 25.081 plus an additional | ||
| 30 days of half-day instruction. The commissioner may | ||
| proportionately reduce the incentive provided to a district or | ||
| school described by this subsection. | ||
| (d) This section does not prohibit a school district from | ||
| providing the minimum number of minutes of operational and | ||
| instructional time required under Section 25.081 and commissioner | ||
| rules adopted under that section over fewer than 180 days of | ||
| instruction. | ||
| (e) The agency shall assist school districts and | ||
| open-enrollment charter schools in qualifying for the incentive | ||
| under this section. | ||
| (f) The commissioner shall adopt rules necessary for the | ||
| implementation of this section. | ||
| SECTION 1.013. Sections 42.0051 and 42.0052, Education | ||
| Code, are transferred to Subchapter A, Chapter 48, Education Code, | ||
| as added by this Act, redesignated as Sections 48.006 and 48.007, | ||
| Education Code, and amended to read as follows: | ||
| Sec. 48.006 [ |
||
| DISTRICTS IN DISASTER AREA. (a) From funds specifically | ||
| appropriated for the purpose or other funds available to the | ||
| commissioner for that purpose, the commissioner shall adjust the | ||
| average daily attendance of a school district all or part of which | ||
| is located in an area declared a disaster area by the governor under | ||
| Chapter 418, Government Code, if the district experiences a decline | ||
| in average daily attendance that is reasonably attributable to the | ||
| impact of the disaster. | ||
| (b) The adjustment must be sufficient to ensure that the | ||
| district receives funding comparable to the funding that the | ||
| district would have received if the decline in average daily | ||
| attendance reasonably attributable to the impact of the disaster | ||
| had not occurred. | ||
| (c) The commissioner shall make the adjustment required by | ||
| this section for the two-year period following the date of the | ||
| governor's initial proclamation or executive order declaring the | ||
| state of disaster. | ||
| (d) Section 48.005(b)(2) [ |
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| district that receives an adjustment under this section. | ||
| (e) A district that receives an adjustment under this | ||
| section may not receive any additional adjustment under Section | ||
| 48.005(d) [ |
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| on which the adjustment under this section is based. | ||
| (f) For purposes of this title, a district's adjusted | ||
| average daily attendance under this section is considered to be the | ||
| district's average daily attendance as determined under Section | ||
| 48.005 [ |
||
| Sec. 48.007 [ |
||
| PURPOSES OF AVERAGE DAILY ATTENDANCE. (a) The commissioner may, | ||
| based on criteria developed by the commissioner, approve | ||
| instructional programs provided off campus by an entity other than | ||
| a school district or open-enrollment charter school as a program in | ||
| which participation by a student of a district or charter school may | ||
| be counted for purposes of determining average daily attendance in | ||
| accordance with Section 48.005(h) [ |
||
| (b) The commissioner shall adopt by rule verification and | ||
| reporting procedures concerning time spent by students | ||
| participating in instructional programs approved under Subsection | ||
| (a). | ||
| SECTION 1.014. Sections 42.006(a), (b), (c), and (d), | ||
| Education Code, are transferred to Subchapter A, Chapter 48, | ||
| Education Code, as added by this Act, redesignated as Section | ||
| 48.008, Education Code, and amended to read as follows: | ||
| Sec. 48.008. PUBLIC EDUCATION INFORMATION MANAGEMENT | ||
| SYSTEM (PEIMS). (a) Each school district shall participate in the | ||
| Public Education Information Management System (PEIMS) and shall | ||
| provide through that system information required for the | ||
| administration of this chapter and of other appropriate provisions | ||
| of this code. | ||
| (b) Each school district shall use a uniform accounting | ||
| system adopted by the commissioner for the data required to be | ||
| reported for the Public Education Information Management System. | ||
| (c) Annually, the commissioner shall review the Public | ||
| Education Information Management System and shall repeal or amend | ||
| rules that require school districts to provide information through | ||
| the Public Education Information Management System that is not | ||
| necessary. In reviewing and revising the Public Education | ||
| Information Management System, the commissioner shall develop | ||
| rules to ensure that the system: | ||
| (1) provides useful, accurate, and timely information | ||
| on student demographics and academic performance, personnel, and | ||
| school district finances; | ||
| (2) contains only the data necessary for the | ||
| legislature and the agency to perform their legally authorized | ||
| functions in overseeing the public education system; and | ||
| (3) does not contain any information related to | ||
| instructional methods, except as provided by Section 29.066 or | ||
| required by federal law. | ||
| (d) The commissioner's rules must ensure that the Public | ||
| Education Information Management System links student performance | ||
| data to other related information for purposes of efficient and | ||
| effective allocation of scarce school resources, to the extent | ||
| practicable using existing agency resources and appropriations. | ||
| SECTION 1.015. Sections 42.006(a-1), (a-3), and (a-4), | ||
| Education Code, Section 42.006(a-2), Education Code, as added by | ||
| Chapter 550 (S.B. 490), Acts of the 85th Legislature, Regular | ||
| Session, 2017, and Section 42.006(a-2), as added by Chapter 916 | ||
| (S.B. 1404), Acts of the 85th Legislature, Regular Session, 2017, | ||
| are transferred to Subchapter A, Chapter 48, Education Code, as | ||
| added by this Act, redesignated as Section 48.009, Education Code, | ||
| and amended to read as follows: | ||
| Sec. 48.009. REQUIRED PEIMS REPORTING. (a) In this | ||
| section, "full-time equivalent school counselor" means 40 hours of | ||
| counseling services a week. | ||
| (b) [ |
||
| 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) [ |
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| counselors, [ |
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| (3) [ |
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| [ |
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| [ |
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| opportunities as described by Section 33.252 at each campus; [ |
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| (4) [ |
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| [ |
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| students described by Subdivision (5) [ |
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| 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; and | ||
| (5) [ |
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| [ |
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| 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. | ||
| (c) The agency shall maintain the information provided in | ||
| accordance with this section [ |
||
| SECTION 1.016. Section 42.009, Education Code, is | ||
| transferred to Subchapter A, Chapter 48, Education Code, as added | ||
| by this Act, redesignated as Section 48.010, Education Code, and | ||
| amended to read as follows: | ||
| Sec. 48.010 [ |
||
| (a) Not later than July 1 of each year, the commissioner shall | ||
| determine for each school district whether the estimated amount of | ||
| state and local funding per student in weighted average daily | ||
| attendance to be provided to the district under the Foundation | ||
| School Program for maintenance and operations for the following | ||
| school year is less than the amount provided to the district for the | ||
| 2010-2011 school year. If the amount estimated to be provided is | ||
| less, the commissioner shall certify the percentage decrease in | ||
| funding to be provided to the district. | ||
| (b) In making the determinations regarding funding levels | ||
| required by Subsection (a), the commissioner shall: | ||
| (1) make adjustments as necessary to reflect changes | ||
| in a school district's maintenance and operations tax rate; | ||
| (2) for a district required to [ |
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| [ |
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| determinations on the district's net funding levels after deducting | ||
| any amounts required to be expended by the district to comply with | ||
| Chapter 49 [ |
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| (3) determine a district's weighted average daily | ||
| attendance in accordance with this chapter as it existed on January | ||
| 1, 2011. | ||
| SECTION 1.017. Subchapter A, Chapter 48, Education Code, as | ||
| added by this Act, is amended by adding Sections 48.011 and 48.012 | ||
| to read as follows: | ||
| Sec. 48.011. COMMISSIONER AUTHORITY TO RESOLVE UNINTENDED | ||
| CONSEQUENCES FROM SCHOOL FINANCE FORMULAS. (a) Subject to | ||
| Subsections (b) and (d), the commissioner may adjust a school | ||
| district's funding entitlement under this chapter if the funding | ||
| formulas used to determine the district's entitlement result in an | ||
| unanticipated loss or gain for a district. | ||
| (b) Before making an adjustment under Subsection (a), the | ||
| commissioner shall notify and must receive approval from the | ||
| Legislative Budget Board and the office of the governor. | ||
| (c) If the commissioner makes an adjustment under | ||
| Subsection (a), the commissioner must provide to the legislature an | ||
| explanation regarding the changes necessary to resolve the | ||
| unintended consequences. | ||
| (d) Beginning with the 2022-2023 school year, the | ||
| commissioner may not make an adjustment under Subsection (a). | ||
| (e) This section expires September 1, 2024. | ||
| Sec. 48.012. STUDY ON GEOGRAPHIC EDUCATION COST VARIATIONS. | ||
| (a) The agency shall conduct a study on geographic variations in | ||
| known resource costs and costs of education due to factors beyond | ||
| the control of school districts. The study must include a review of | ||
| cost drivers for school districts. | ||
| (b) Not later than December 1, 2020, the agency shall submit | ||
| to the legislature a report on the results of the study. | ||
| (c) This section expires September 1, 2021. | ||
| SECTION 1.018. Chapter 48, Education Code, as added by this | ||
| Act, is amended by adding Subchapter B, and a heading is added to | ||
| that subchapter to read as follows: | ||
| SUBCHAPTER B. BASIC ENTITLEMENT | ||
| SECTION 1.019. Sections 42.101 and 42.105, Education Code, | ||
| are transferred to Subchapter B, Chapter 48, Education Code, as | ||
| added by this Act, redesignated as Sections 48.051 and 48.052, | ||
| Education Code, and amended to read as follows: | ||
| Sec. 48.051 [ |
||
| student in average daily attendance, not including the time | ||
| students spend each day in special education programs in an | ||
| instructional arrangement other than mainstream or career and | ||
| technology education programs, for which an additional allotment is | ||
| made under Subchapter C, a district is entitled to an allotment | ||
| equal to the lesser of $5,880 [ |
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| from the following formula: | ||
| A = $5,880 [ |
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| where: | ||
| "A" is the allotment to which a district is entitled; | ||
| "TR" [ |
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| operations [ |
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| and | ||
| "MCR" is the state maximum compressed tax rate, which is the | ||
| product of the state compression percentage, as determined under | ||
| Section 48.255 [ |
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| [ |
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| (b) A greater amount for any school year may be provided by | ||
| appropriation. | ||
| (c) Out of the total statewide allotment under this section, | ||
| the commissioner shall annually set aside $6 million to fund the | ||
| blended learning grant program under Section 29.924. After | ||
| deducting the amount set aside under this subsection from the total | ||
| statewide allotment under this section, the commissioner shall | ||
| reduce each school district's allotment under this section | ||
| proportionately and allocate funds to each district accordingly. | ||
| [ |
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| Sec. 48.052 [ |
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| Notwithstanding Section 48.051 [ |
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|
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| average daily attendance shall be provided a [ |
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| allotment on the basis of 130 students in average daily attendance | ||
| if it offers a kindergarten through grade 12 program and has | ||
| preceding or current year's average daily attendance of at least 90 | ||
| students or is 30 miles or more by bus route from the nearest high | ||
| school district. A district offering a kindergarten through grade 8 | ||
| program whose preceding or current year's average daily attendance | ||
| was at least 50 students or which is 30 miles or more by bus route | ||
| from the nearest high school district shall be provided a [ |
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|
|
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| daily attendance. An average daily attendance of 60 students shall | ||
| be the basis of providing the [ |
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| district offers a kindergarten through grade 6 program and has | ||
| preceding or current year's average daily attendance of at least 40 | ||
| students or is 30 miles or more by bus route from the nearest high | ||
| school district. | ||
| (b) Subsection (c) applies only to a school district that: | ||
| (1) does not offer each grade level from kindergarten | ||
| through grade 12 and whose prospective or former students generally | ||
| attend school in a state that borders this state for the grade | ||
| levels the district does not offer; | ||
| (2) serves both students residing in this state and | ||
| students residing in a state that borders this state who are | ||
| subsequently eligible for in-state tuition rates at institutions of | ||
| higher education in either state regardless of the state in which | ||
| the students reside; and | ||
| (3) shares students with an out-of-state district that | ||
| does not offer competing instructional services. | ||
| (c) Notwithstanding Subsection (a) or Section 48.051 | ||
| [ |
||
| this subsection applies, as provided by Subsection (b), that has | ||
| fewer than 130 students in average daily attendance shall be | ||
| provided a [ |
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| students in average daily attendance if it offers a kindergarten | ||
| through grade four program and has preceding or current year's | ||
| average daily attendance of at least 75 students or is 30 miles or | ||
| more by bus route from the nearest high school district. | ||
| SECTION 1.020. Chapter 48, Education Code, as added by this | ||
| Act, is amended by adding Subchapter C, and a heading is added to | ||
| that subchapter to read as follows: | ||
| SUBCHAPTER C. STUDENT-BASED ALLOTMENTS | ||
| SECTION 1.021. Subchapter C, Chapter 48, Education Code, as | ||
| added by this Act, is amended by adding Section 48.101 to read as | ||
| follows: | ||
| Sec. 48.101. SMALL AND MID-SIZED DISTRICT ALLOTMENT. (a) | ||
| Small and mid-sized districts are entitled to an annual allotment | ||
| in accordance with this section. In this section: | ||
| (1) "AA" is the district's annual allotment per | ||
| student in average daily attendance; | ||
| (2) "ADA" is the number of students in average daily | ||
| attendance for which the district is entitled to an allotment under | ||
| Section 48.051; and | ||
| (3) "BA" is the basic allotment determined under | ||
| Section 48.051. | ||
| (b) A school district that contains at least 300 square | ||
| miles and has not more than 1,600 students in average daily | ||
| attendance is entitled to an annual allotment for each student in | ||
| average daily attendance based on the following formula: | ||
| AA = ((1,600 - ADA) X .00058) X BA. | ||
| (c) A school district that contains less than 300 square | ||
| miles and has not more than 1,600 students in average daily | ||
| attendance is entitled to an annual allotment for each student in | ||
| average daily attendance based on the following formula: | ||
| AA = ((1,600 - ADA) X .00044) X BA. | ||
| (d) A school district that offers a kindergarten through | ||
| grade 12 program and has fewer than 5,000 students in average daily | ||
| attendance is entitled to an annual allotment for each student in | ||
| average daily attendance based on the formula, of the following | ||
| formulas, that results in the greatest annual allotment: | ||
| (1) the formula in Subsection (b) or (c) for which the | ||
| district is eligible; or | ||
| (2) AA = ((5,000 - ADA) X .000025) X BA. | ||
| SECTION 1.022. Section 42.151, Education Code, is | ||
| transferred to Subchapter C, Chapter 48, Education Code, as added | ||
| by this Act, redesignated as Section 48.102, Education Code, and | ||
| amended to read as follows: | ||
| Sec. 48.102 [ |
||
| student in average daily attendance in a special education program | ||
| under Subchapter A, Chapter 29, in a mainstream instructional | ||
| arrangement, a school district is entitled to an annual allotment | ||
| equal to the [ |
||
| For each full-time equivalent student in average daily attendance | ||
| in a special education program under Subchapter A, Chapter 29, in an | ||
| instructional arrangement other than a mainstream instructional | ||
| arrangement, a district is entitled to an annual allotment equal to | ||
| the [ |
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| according to instructional arrangement as follows: | ||
| Homebound5.0 | ||
| Hospital class3.0 | ||
| Speech therapy5.0 | ||
| Resource room3.0 | ||
| Self-contained, mild and moderate, | ||
| regular campus3.0 | ||
| Self-contained, severe, regular campus3.0 | ||
| Off home campus2.7 | ||
| Nonpublic day school1.7 | ||
| Vocational adjustment class2.3 | ||
| (b) A special instructional arrangement for students with | ||
| disabilities residing in care and treatment facilities, other than | ||
| state schools, whose parents or guardians do not reside in the | ||
| district providing education services shall be established by | ||
| commissioner rule [ |
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|
|
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| for those students who receive their education service on a local | ||
| school district campus. A special instructional arrangement for | ||
| students with disabilities residing in state schools shall be | ||
| established by commissioner rule [ |
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|
|
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| (c) For funding purposes, the number of contact hours | ||
| credited per day for each student in the off home campus | ||
| instructional arrangement may not exceed the contact hours credited | ||
| per day for the multidistrict class instructional arrangement in | ||
| the 1992-1993 school year. | ||
| (d) For funding purposes the contact hours credited per day | ||
| for each student in the resource room; self-contained, mild and | ||
| moderate; and self-contained, severe, instructional arrangements | ||
| may not exceed the average of the statewide total contact hours | ||
| credited per day for those three instructional arrangements in the | ||
| 1992-1993 school year. | ||
| (e) The commissioner [ |
||
| shall prescribe the qualifications an instructional arrangement | ||
| must meet in order to be funded as a particular instructional | ||
| arrangement under this section. In prescribing the qualifications | ||
| that a mainstream instructional arrangement must meet, the | ||
| commissioner [ |
||
| with disabilities and their teachers receive the direct, indirect, | ||
| and support services that are necessary to enrich the regular | ||
| classroom and enable student success. | ||
| (f) In this section, "full-time equivalent student" means | ||
| 30 hours of contact a week between a special education student and | ||
| special education program personnel. | ||
| (g) The commissioner [ |
||
| rules and procedures governing contracts for residential placement | ||
| of special education students. The legislature shall provide by | ||
| appropriation for the state's share of the costs of those | ||
| placements. | ||
| (h) Funds allocated under this section, other than an | ||
| indirect cost allotment established under commissioner [ |
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|
|
||
| program under Subchapter A, Chapter 29. | ||
| (i) The agency shall encourage the placement of students in | ||
| special education programs, including students in residential | ||
| instructional arrangements, in the least restrictive environment | ||
| appropriate for their educational needs. | ||
| (j) [ |
||
| program required by federal law for special education students who | ||
| may regress is entitled to receive funds in an amount equal to 75 | ||
| percent, or a lesser percentage determined by the commissioner, of | ||
| the [ |
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|
|
||
| attendance, multiplied by the amount designated for the student's | ||
| instructional arrangement under this section, for each day the | ||
| program is provided divided by the number of days in the minimum | ||
| school year. The total amount of state funding for extended year | ||
| services under this section may not exceed $10 million per year. A | ||
| school district may use funds received under this section only in | ||
| providing an extended year program. | ||
| (k) [ |
||
| special education under this section, the commissioner shall | ||
| withhold an amount specified in the General Appropriations Act, and | ||
| distribute that amount to school districts for programs under | ||
| Section 29.014. The program established under that section is | ||
| required only in school districts in which the program is financed | ||
| by funds distributed under this subsection and any other funds | ||
| available for the program. After deducting the amount withheld | ||
| under this subsection from the total amount appropriated for | ||
| special education, the commissioner shall reduce each district's | ||
| allotment proportionately and shall allocate funds to each district | ||
| accordingly. | ||
| SECTION 1.023. Subchapter C, Chapter 48, Education Code, as | ||
| added by this Act, is amended by adding Section 48.103 to read as | ||
| follows: | ||
| Sec. 48.103. 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 basic allotment multiplied by 0.12 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 State Board of Education; and | ||
| (B) is provided by a person with specific | ||
| training in providing that instruction; or | ||
| (2) is permitted, on the basis of having dyslexia or a | ||
| related disorder, to use modifications in the classroom or | ||
| accommodations in the administration of assessment instruments | ||
| under Section 39.023. | ||
| (c) A school district may receive funding for a student | ||
| under this section and Section 48.102 if the student satisfies the | ||
| requirements of both sections. | ||
| SECTION 1.024. Section 42.152, Education Code, is | ||
| transferred to Subchapter C, Chapter 48, Education Code, as added | ||
| by this Act, redesignated as Section 48.104, Education Code, and | ||
| amended to read as follows: | ||
| Sec. 48.104 [ |
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| (a) For each student who [ |
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| residential placement facility in a district in which the student's | ||
| parent or legal guardian does not reside, a district is entitled to | ||
| an annual allotment equal to the [ |
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| multiplied by 0.2 or, if the student is educationally | ||
| disadvantaged, 0.275. For[ |
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| equivalent student who is in a remedial and support program under | ||
| Section 29.081 because the student is pregnant, a district is | ||
| entitled to an annual allotment equal to the basic allotment | ||
| multiplied by 2.41. | ||
| (b) For each student who is educationally disadvantaged and | ||
| resides in an economically disadvantaged census block group as | ||
| determined by the commissioner under Subsection (c), a district is | ||
| entitled to an annual allotment equal to the basic allotment | ||
| multiplied by the weight assigned to the student's census block | ||
| group under Subsection (d). | ||
| (c) For purposes of the allotment under Subsection (b), the | ||
| commissioner shall establish an index for economically | ||
| disadvantaged census block groups in the state that provides | ||
| criteria for determining which census block groups are economically | ||
| disadvantaged and categorizes economically disadvantaged census | ||
| block groups in five tiers according to relative severity of | ||
| economic disadvantage. In determining the severity of economic | ||
| disadvantage in a census block group, the commissioner shall | ||
| consider: | ||
| (1) the median household income; | ||
| (2) the average educational attainment of the | ||
| population; | ||
| (3) the percentage of single-parent households; | ||
| (4) the rate of homeownership; and | ||
| (5) other economic criteria the commissioner | ||
| determines likely to disadvantage a student's preparedness and | ||
| ability to learn. | ||
| (d) The weights assigned to the five tiers of the index | ||
| established under Subsection (c) are, from least to most severe | ||
| economic disadvantage, 0.225, 0.2375, 0.25, 0.2625, and 0.275. | ||
| (e) If insufficient data is available for any school year to | ||
| evaluate the level of economic disadvantage in a census block | ||
| group, a school district is entitled to an annual allotment equal to | ||
| the basic allotment multiplied by 0.225 for each student who is | ||
| educationally disadvantaged and resides in that census block group | ||
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| (f) [ |
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| education through the state virtual school network may be included | ||
| in determining the number of [ |
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| students who are educationally disadvantaged and reside in an | ||
| economically disadvantaged census block group under Subsection (b) | ||
| or (e), as applicable, if the school district submits to the | ||
| commissioner a plan detailing the enhanced services that will be | ||
| provided to the student and the commissioner approves the plan. | ||
| (g) Not later than March 1 of each year, the commissioner | ||
| shall: | ||
| (1) review and, if necessary, update the index | ||
| established under Subsection (c) to be used for the following | ||
| school year, based on the most recent estimates published by the | ||
| United States Census Bureau; and | ||
| (2) notify each school district of any changes to the | ||
| index. | ||
| (h) The state demographer, the Department of Agriculture, | ||
| and any other state agency with relevant information shall assist | ||
| the commissioner in performing the commissioner's duties under this | ||
| section. | ||
| (i) On a schedule determined by the commissioner, each | ||
| school district shall report to the agency the census block group in | ||
| which each student enrolled in the district who is educationally | ||
| disadvantaged resides. The agency shall provide to school districts | ||
| a resource for use in determining the census block group in which a | ||
| student resides. | ||
| (j) The commissioner shall adopt rules for the method of | ||
| determining the number of students who qualify for an allotment | ||
| under this section at a campus that participates in the Community | ||
| Eligibility Provision administered by the United States Department | ||
| of Agriculture, as provided by the Healthy, Hunger-Free Kids Act of | ||
| 2010 (Pub. L. No. 111-296). | ||
| (k) In addition to other purposes for which funds allocated | ||
| under this section may be used, those funds may also [ |
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| 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[ |
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| SECTION 1.025. Sections 42.153, 42.154, and 42.157, | ||
| Education Code, are transferred to Subchapter C, Chapter 48, | ||
| Education Code, as added by this Act, redesignated as Sections | ||
| 48.105, 48.106, and 48.107, Education Code, and amended to read as | ||
| follows: | ||
| Sec. 48.105 [ |
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| [ |
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| education or special language program under Subchapter B, Chapter | ||
| 29, a district is entitled to an annual allotment equal to the | ||
| [ |
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| (1) for a student of limited English proficiency, as | ||
| defined by Section 29.052: | ||
| (A) 0.1; or | ||
| (B) 0.15 if the student is in a bilingual | ||
| education program using a dual language immersion/one-way or | ||
| two-way program model; and | ||
| (2) for a student not described by Subdivision (1), | ||
| 0.05 if the student is in a bilingual education program using a dual | ||
| language immersion/two-way program model. | ||
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| Sec. 48.106 [ |
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| ALLOTMENT. (a) For each full-time equivalent student in average | ||
| daily attendance in an approved career and technology education | ||
| program in grades 9 [ |
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| education programs for students with disabilities in grades 7 | ||
| [ |
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| (1) an annual allotment equal to the [ |
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| allotment multiplied by a weight of 1.35; and | ||
| (2) $50, if the student is enrolled in two or more | ||
| advanced career and technology education classes for a total of | ||
| three or more credits. | ||
| (b) In this section: | ||
| (1) "Career and technology education class" and | ||
| "career and technology education program" include [ |
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| applications courses [ |
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| (2) "Full-time equivalent student" means 30 hours of | ||
| contact a week between a student and career and technology | ||
| education program personnel. | ||
| (c) Out of the total statewide allotment for career and | ||
| technology education under this section, the commissioner shall | ||
| annually set aside $8 million to fund the grant program for P-TECH | ||
| schools under Section 29.556, in addition to other funds | ||
| appropriated for that purpose. After deducting the amount set aside | ||
| under this subsection from the total statewide allotment for career | ||
| and technology education under this section, the commissioner shall | ||
| proportionately reduce each school district's allotment under this | ||
| section and allocate funds to each district accordingly. [ |
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| Sec. 48.107 [ |
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| (a) Except as provided by Subsection (b), for each student in | ||
| average daily attendance who is using a public education grant | ||
| under Subchapter G, Chapter 29, to attend school in a district other | ||
| than the district in which the student resides, the district in | ||
| which the student attends school is entitled to an annual allotment | ||
| equal to the [ |
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| 0.1. | ||
| (b) The total number of allotments under this section to | ||
| which a district is entitled may not exceed the number by which the | ||
| number of students using public education grants to attend school | ||
| in the district exceeds the number of students who reside in the | ||
| district and use public education grants to attend school in | ||
| another district. | ||
| SECTION 1.026. Subchapter C, Chapter 48, Education Code, as | ||
| added by this Act, is amended by adding Section 48.108 to read as | ||
| follows: | ||
| Sec. 48.108. EARLY READING ALLOTMENT. (a) For each student | ||
| in average daily attendance in kindergarten through third grade, a | ||
| school district is entitled to an annual allotment equal to the | ||
| basic allotment multiplied by 0.1 if the student is: | ||
| (1) educationally disadvantaged; or | ||
| (2) a student of limited English proficiency, as | ||
| defined by Section 29.052, and is in a bilingual education or | ||
| special language program under Subchapter B, Chapter 29. | ||
| (b) Funds allocated under this section must be used to fund | ||
| programs and services designed to improve student performance in | ||
| reading in prekindergarten through third grade, such as programs | ||
| and services designed to assist the district in achieving the goals | ||
| set in the district's early childhood literacy proficiency plan | ||
| adopted under Section 11.185 or services designed to improve | ||
| support for children three years of age or younger who are not | ||
| enrolled in prekindergarten. | ||
| (c) A school district is entitled to an allotment under each | ||
| subdivision of Subsection (a) for which a student qualifies. | ||
| (d) A school district may receive funding for a student | ||
| under this section and under Sections 48.104 and 48.105, as | ||
| applicable, if the student satisfies the requirements of each | ||
| applicable section. | ||
| SECTION 1.027. Subchapter C, Chapter 48, Education Code, as | ||
| added by this Act, is amended by adding Sections 48.109, 48.110, | ||
| 48.111, 48.112, and 48.113 to read as follows: | ||
| Sec. 48.109. THIRD GRADE READING OUTCOMES BONUS. (a) For | ||
| purposes of the outcomes bonus under this section, the commissioner | ||
| shall determine the threshold percentage for each of the following | ||
| cohorts that is equal to the 25th percentile of statewide meets | ||
| grade level performance by that cohort of public school students on | ||
| the applicable assessment instrument as determined under | ||
| Subsection (f): | ||
| (1) students who are educationally disadvantaged; | ||
| (2) students who are not educationally disadvantaged; | ||
| and | ||
| (3) students who are enrolled in a special education | ||
| program under Subchapter A, Chapter 29, regardless of whether the | ||
| students are educationally disadvantaged. | ||
| (b) Each year, the commissioner shall determine for each | ||
| school district the minimum number of students in each cohort | ||
| described by Subsection (a) enrolled in the district who would have | ||
| to perform at or above the meets grade level performance standard | ||
| set by the commissioner on the third grade reading assessment | ||
| instrument administered under Section 39.023 or an alternative | ||
| third grade reading assessment instrument adopted under Subsection | ||
| (e) in order for the district to achieve a meets grade level | ||
| performance percentage for that cohort on the applicable assessment | ||
| instrument equal to the threshold percentage established for that | ||
| cohort under Subsection (a). | ||
| (c) For each student in a cohort described by Subsection (a) | ||
| who performed at or above the meets grade level performance | ||
| standard set by the commissioner on an assessment instrument | ||
| described by that subsection during the preceding school year in | ||
| excess of the minimum number of students determined for the | ||
| applicable district cohort under Subsection (b), a school district | ||
| is entitled to an annual outcomes bonus of: | ||
| (1) if the student is educationally disadvantaged, | ||
| $4,000; | ||
| (2) if the student is not educationally disadvantaged, | ||
| $1,000; and | ||
| (3) if the student is enrolled in a special education | ||
| program under Subchapter A, Chapter 29, $1,000. | ||
| (d) A school district is entitled to an outcomes bonus under | ||
| each provision of Subsection (c) for which a student qualifies. | ||
| (e) For purposes of this section, the commissioner shall | ||
| adopt at least one alternative third grade reading assessment | ||
| instrument and set a meets grade level performance standard on the | ||
| assessment instrument equivalent to the meets grade level | ||
| performance standard set under Section 39.0241 for the third grade | ||
| reading assessment instrument administered under Section 39.023. | ||
| The assessment instrument adopted under this subsection must have | ||
| been administered to a sufficient number of public school students, | ||
| as determined by the commissioner, to enable the commissioner to | ||
| establish a percentile of statewide meets grade level performance | ||
| for the assessment instrument under Subsection (f). | ||
| (f) For each year, the commissioner shall establish the 25th | ||
| percentile of statewide meets grade level performance for each | ||
| assessment instrument described by Subsection (b). The 25th | ||
| percentile of statewide meets grade level performance for the third | ||
| grade reading assessment instrument administered under Section | ||
| 39.023 must be based on student performance on the assessment | ||
| instrument in the 2017-2018 school year. The 25th percentile of | ||
| statewide meets grade level performance for an alternative third | ||
| grade reading assessment instrument adopted under Subsection (e) | ||
| must be equivalent to the 25th percentile of statewide meets grade | ||
| level performance established for the third grade reading | ||
| assessment instrument administered under Section 39.023. If for | ||
| any year the commissioner determines that the assessment instrument | ||
| has materially changed, the commissioner shall adjust the | ||
| percentile of statewide meets grade level performance in a manner | ||
| that maintains the threshold percentages determined under | ||
| Subsection (a) for the assessment instrument before the change. | ||
| (g) In determining the amount of funding to which a school | ||
| district is entitled under this section, the commissioner shall | ||
| consider student performance on the assessment instrument | ||
| described by Subsection (b) that would result in the greater amount | ||
| of funding. | ||
| (h) A school district may not receive funding based on | ||
| student performance on an alternative third grade reading | ||
| assessment instrument adopted under Subsection (e) unless the | ||
| district: | ||
| (1) administers the assessment instrument: | ||
| (A) to all students to whom the third grade | ||
| reading assessment instrument under Section 39.023 is required to | ||
| be administered, other than students who receive: | ||
| (i) an exemption from the administration of | ||
| the third grade reading assessment instrument; or | ||
| (ii) accommodations for the administration | ||
| of the third grade reading assessment instrument that are not | ||
| provided for the administration of the alternative third grade | ||
| reading assessment instrument; and | ||
| (B) using test security and administration | ||
| protocols required by commissioner rule; and | ||
| (2) provides to the agency student performance data | ||
| for the assessment instrument in accordance with commissioner rule. | ||
| (i) This section does not: | ||
| (1) require a school district to administer an | ||
| alternative third grade reading assessment instrument adopted | ||
| under Subsection (e); or | ||
| (2) alter a school district's obligations regarding | ||
| the administration of the third grade reading assessment instrument | ||
| under Section 39.023. | ||
| (j) At least once every five years, the agency shall: | ||
| (1) conduct a longitudinal impact study on each | ||
| alternative third grade reading assessment instrument adopted | ||
| under Subsection (e); and | ||
| (2) submit to the legislature a report on the results | ||
| of the study conducted under Subdivision (1). | ||
| Sec. 48.110. COLLEGE, CAREER, OR MILITARY READINESS | ||
| OUTCOMES BONUS. (a) For purposes of the outcomes bonus under this | ||
| section, the commissioner shall determine the threshold percentage | ||
| for each of the following cohorts that is equal to the 25th | ||
| percentile of statewide college, career, or military readiness as | ||
| described by Subsection (e) for that cohort of annual public school | ||
| graduates for the 2016-2017 school year: | ||
| (1) annual graduates who are educationally | ||
| disadvantaged; | ||
| (2) annual graduates who are not educationally | ||
| disadvantaged; and | ||
| (3) annual graduates who are enrolled in a special | ||
| education program under Subchapter A, Chapter 29, regardless of | ||
| whether the annual graduates are educationally disadvantaged. | ||
| (b) Each year, the commissioner shall determine for each | ||
| school district the minimum number of annual graduates in each | ||
| cohort described by Subsection (a) who would have to demonstrate | ||
| college, career, or military readiness as described by Subsection | ||
| (e) in order for the district to achieve a percentage of college, | ||
| career, or military readiness for that cohort equal to the | ||
| threshold percentage established for that cohort under Subsection | ||
| (a). | ||
| (c) For each annual graduate in a cohort described by | ||
| Subsection (a) who demonstrates college, career, or military | ||
| readiness as described by Subsection (e) in excess of the minimum | ||
| number of students determined for the applicable district cohort | ||
| under Subsection (b), a school district is entitled to an annual | ||
| outcomes bonus of: | ||
| (1) if the annual graduate is educationally | ||
| disadvantaged, $5,000; | ||
| (2) if the annual graduate is not educationally | ||
| disadvantaged, $3,000; and | ||
| (3) if the annual graduate is enrolled in a special | ||
| education program under Subchapter A, Chapter 29, $2,000, | ||
| regardless of whether the annual graduate is educationally | ||
| disadvantaged. | ||
| (d) A school district is entitled to an outcomes bonus under | ||
| each subdivision of Subsection (c) for which an annual graduate | ||
| qualifies. | ||
| (e) For purposes of this section, an annual graduate | ||
| demonstrates: | ||
| (1) college readiness if the annual graduate: | ||
| (A) achieves a minimum score set by commissioner | ||
| rule 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, enrolls at a postsecondary educational | ||
| institution; | ||
| (2) career readiness if the annual graduate: | ||
| (A) achieves a minimum score set by commissioner | ||
| rule 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 minimum score set by commissioner | ||
| rule 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. | ||
| Sec. 48.111. FAST GROWTH ALLOTMENT. A school district in | ||
| which the growth in student enrollment in the district over the | ||
| preceding three school years is in the top quartile of student | ||
| enrollment growth in school districts in the state for that period, | ||
| as determined by the commissioner, is entitled to an annual | ||
| allotment equal to the basic allotment multiplied by 0.042 for each | ||
| student in average daily attendance. | ||
| Sec. 48.112. TEACHER INCENTIVE ALLOTMENT. (a) In this | ||
| section, "classroom teacher" has the meaning assigned by Section | ||
| 21.751. | ||
| (b) For each classroom teacher with a teacher designation | ||
| under Subchapter P, Chapter 21, employed by a school district, the | ||
| school district is entitled to an allotment equal to the following | ||
| applicable base amount increased by the high needs and rural factor | ||
| as determined under Subsection (c): | ||
| (1) $12,000, or an increased amount not to exceed | ||
| $32,000 as determined under Subsection (c), for each master | ||
| teacher; | ||
| (2) $6,000, or an increased amount not to exceed | ||
| $18,000 as determined under Subsection (c), for each exemplary | ||
| teacher; and | ||
| (3) $3,000, or an increased amount not to exceed | ||
| $9,000 as determined under Subsection (c), for each recognized | ||
| teacher. | ||
| (c) The high needs and rural factor is determined by | ||
| multiplying the following applicable amounts by the average of the | ||
| point value assigned to each student at a district campus under | ||
| Subsection (d): | ||
| (1) $5,000 for each master teacher; | ||
| (2) $3,000 for each exemplary teacher; and | ||
| (3) $1,500 for each recognized teacher. | ||
| (d) Except as provided by Subsection (e), a point value for | ||
| each student at a district campus shall be assigned as follows: | ||
| (1) 0, for a student for whom the district does not | ||
| receive a compensatory education allotment under Section 48.104(b) | ||
| or (e); or | ||
| (2) 0.5, 1.0, 2.0, 3.0, or 4.0, respectively, from | ||
| least to most severe economic disadvantage according to the census | ||
| block group in which the student resides, for a student for whom the | ||
| district receives a compensatory education allotment under Section | ||
| 48.104(b) or (e). | ||
| (e) If the campus at which a student is enrolled is | ||
| classified as a rural campus, a student is assigned the point value | ||
| two tiers higher than the student's point value determined under | ||
| Subsection (d)(1) or (2). | ||
| (f) The commissioner shall annually make available to the | ||
| public a list of campuses with the projected allotment amounts per | ||
| teacher designation at each campus. | ||
| (g) A district shall annually certify that funds received | ||
| under this section were used as follows: | ||
| (1) at least 90 percent of the funds were used for | ||
| educator compensation; and | ||
| (2) any other funds received under this section were | ||
| used for costs associated with implementing Subchapter P, Chapter | ||
| 21, including efforts to support teachers in obtaining | ||
| designations. | ||
| Sec. 48.113. ACCELERATED CAMPUS EXCELLENCE ALLOTMENT. (a) | ||
| A school district is entitled to an allotment equal to the basic | ||
| allotment multiplied by 0.1 for each student in average daily | ||
| attendance at a district campus that: | ||
| (1) has submitted and received approval for: | ||
| (A) a campus turnaround plan that the | ||
| commissioner determines meets the requirements for an accelerated | ||
| campus excellence turnaround plan under Section 39A.105(b); or | ||
| (B) a campus implementation plan that includes | ||
| the provisions required for an accelerated campus excellence | ||
| turnaround plan under Section 39A.105(b); and | ||
| (2) received a performance rating of unacceptable or | ||
| improvement required in at least one of the last five school years. | ||
| (b) A school district may not receive an allotment under | ||
| this section for more than five school years. | ||
| SECTION 1.028. Chapter 48, Education Code, as added by this | ||
| Act, is amended by adding Subchapter D, and a heading is added to | ||
| that subchapter to read as follows: | ||
| SUBCHAPTER D. ADDITIONAL FUNDING | ||
| SECTION 1.029. Sections 42.155 and 42.158, Education Code, | ||
| are transferred to Subchapter D, Chapter 48, Education Code, as | ||
| added by this Act, redesignated as Sections 48.151 and 48.152, | ||
| Education Code, and amended to read as follows: | ||
| Sec. 48.151 [ |
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| district or county operating a transportation system is entitled to | ||
| allotments for transportation costs as provided by this section. | ||
| (b) As used in this section: | ||
| (1) "Regular eligible student" means a student who: | ||
| (A) resides two or more miles from the student's | ||
| campus of regular attendance, measured along the shortest route | ||
| that may be traveled on public roads, and who: | ||
| (i) is not classified as a student eligible | ||
| for special education services; and | ||
| (ii) has not transferred to the district in | ||
| which the student is enrolled under Section 25.035 or 25.036; or | ||
| (B) is a homeless child or youth, as defined by 42 | ||
| U.S.C. Section 11434a. | ||
| (2) "Eligible special education student" means a | ||
| student who is eligible for special education services under | ||
| Section 29.003 and who would be unable to attend classes without | ||
| special transportation services. | ||
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| (c) Each district or county operating a regular | ||
| transportation system is entitled to an allotment based on a rate | ||
| per mile [ |
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| the General Appropriations Act. [ |
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| (d) A district or county may apply for and on approval of the | ||
| commissioner receive an additional amount of up to 10 percent of its | ||
| regular transportation allotment to be used for the transportation | ||
| of children living within two miles of the school they attend who | ||
| would be subject to hazardous traffic conditions or a high risk of | ||
| violence if they walked to school. | ||
| (d-1) For purposes of Subsection (d), each board of trustees | ||
| shall provide to the commissioner an explanation of the hazardous | ||
| traffic conditions or areas presenting a high risk of violence | ||
| applicable to that district and shall identify the specific | ||
| hazardous or high-risk areas for which the allocation is | ||
| requested. A hazardous traffic condition exists where no walkway | ||
| is provided and children must walk along or cross a freeway or | ||
| expressway, an underpass, an overpass or a bridge, an uncontrolled | ||
| major traffic artery, an industrial or commercial area, or another | ||
| comparable condition. An area presents a high risk of violence if | ||
| law enforcement records indicate a high incidence of violent crimes | ||
| in the area. Each board of trustees requesting funds for an area | ||
| presenting a high risk of violence must, in addition to the | ||
| explanation required by this subsection, provide the commissioner | ||
| with consolidated law enforcement records that document violent | ||
| crimes identified by reporting agencies within the relevant | ||
| jurisdiction. | ||
| (d-2) A district or county may use all or part of any funds | ||
| received under Subsection (d) to support community walking | ||
| transportation programs, including walking school bus programs, | ||
| provided that the district or county requires each supported | ||
| program to submit a financial report to the district or county each | ||
| semester that covers services provided by the program for the | ||
| benefit of the district or county. The commissioner shall adopt | ||
| rules governing the transportation allotment as necessary to permit | ||
| a district or county to receive funds under Subsection (d) that may | ||
| be used to support innovative school safety projects, including | ||
| community walking transportation programs as provided by this | ||
| subsection and any other appropriate safety project, including | ||
| rules defining an approved walking route mile that may be used as | ||
| necessary in implementing this subsection. | ||
| (e) The commissioner may grant an amount set by | ||
| appropriation for private or commercial transportation for | ||
| eligible students from isolated areas. The need for this type of | ||
| transportation grant shall be determined on an individual basis and | ||
| the amount granted shall not exceed the actual cost. The grants may | ||
| be made only in extreme hardship cases. A grant may not be made if | ||
| the students live within two miles of an approved school bus route. | ||
| (f) The cost of transporting career and technology | ||
| education students from one campus to another inside a district, | ||
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| a career and technology program or an area career and technology | ||
| school or to an approved post-secondary institution under a | ||
| contract for instruction approved by the agency, or from a district | ||
| campus to a location at which students are provided work-based | ||
| learning under the district's career and technology program shall | ||
| be reimbursed based on the number of actual miles traveled times the | ||
| district's official extracurricular travel per mile rate as set by | ||
| the board of trustees and approved by the agency. | ||
| (g) A school district or county that provides special | ||
| transportation services for eligible special education students is | ||
| entitled to a state allocation paid on a previous year's | ||
| cost-per-mile basis. The [ |
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| be set by appropriation based on data gathered from the first year | ||
| of each preceding biennium. Districts may use a portion of their | ||
| support allocation to pay transportation costs, if necessary. The | ||
| commissioner may grant an amount set by appropriation for private | ||
| transportation to reimburse parents or their agents for | ||
| transporting eligible special education students. The mileage | ||
| allowed shall be computed along the shortest public road from the | ||
| student's home to school and back, morning and afternoon. The need | ||
| for this type transportation shall be determined on an individual | ||
| basis and shall be approved only in extreme hardship cases. | ||
| (h) Funds allotted under this section must be used in | ||
| providing transportation services. | ||
| (i) In the case of a district belonging to a county | ||
| transportation system, the district's transportation allotment for | ||
| purposes of determining a district's foundation school program | ||
| allocations is determined on the basis of the number of approved | ||
| daily route miles in the district [ |
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| (j) The Texas School for the Deaf is entitled to an | ||
| allotment under this section. The commissioner shall determine the | ||
| appropriate allotment. | ||
| (k) Notwithstanding any other provision of this section, | ||
| the commissioner may not reduce the allotment to which a district or | ||
| county is entitled under this section because the district or | ||
| county provides transportation for an eligible student to and from | ||
| a child-care facility, as defined by Section 42.002, Human | ||
| Resources Code, or a grandparent's residence instead of the | ||
| student's residence, as authorized by Section 34.007 of this code[ |
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| (l) A school district may, with the funds allotted under | ||
| this section, provide a bus pass or card for another transportation | ||
| system to each student who is eligible to use the regular | ||
| transportation system of the district but for whom the regular | ||
| transportation system of the district is not a feasible method of | ||
| providing transportation. The commissioner by rule shall provide | ||
| procedures for a school district to provide bus passes or cards to | ||
| students under this subsection. | ||
| (m) A school district shall be reimbursed on a per-mile | ||
| basis for the cost of transporting a dual credit student to another | ||
| campus in the district, a campus in another district, or a | ||
| postsecondary educational institution for purposes of attending | ||
| the course, if the course is not available at the student's campus. | ||
| Sec. 48.152 [ |
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| ALLOTMENT. (a) In this section: | ||
| (1) "Instructional facility" has the meaning assigned | ||
| by Section 46.001. | ||
| (2) "New instructional facility" includes: | ||
| (A) a newly constructed instructional facility; | ||
| (B) a repurposed instructional facility; and | ||
| (C) a leased facility operating for the first | ||
| time as an instructional facility with a minimum lease term of not | ||
| less than 10 years. | ||
| (b) A school district is entitled to an additional allotment | ||
| as provided by this section for operational expenses associated | ||
| with opening a new instructional facility. | ||
| (c) [ |
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| under this section may use funds from the district's allotment to | ||
| renovate an existing instructional facility to serve as a dedicated | ||
| cybersecurity computer laboratory. | ||
| (d) [ |
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| a new instructional facility, a school district is entitled to an | ||
| allotment of $1,000 for each student in average daily attendance at | ||
| the facility. For the second school year in which students attend | ||
| that instructional facility, a school district is entitled to an | ||
| allotment of $1,000 for each additional student in average daily | ||
| attendance at the facility. | ||
| (e) [ |
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| additional students in average daily attendance at a facility is | ||
| the difference between the number of students in average daily | ||
| attendance in the current year at that facility and the number of | ||
| students in average daily attendance at that facility in the | ||
| preceding year. | ||
| (f) [ |
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| appropriated for allotments under this section may not exceed $25 | ||
| million in a school year. If the total amount of allotments to | ||
| which districts are entitled under this section for a school year | ||
| exceeds the amount appropriated under this subsection, the | ||
| commissioner shall reduce each district's allotment under this | ||
| section in the manner provided by Section 48.266(f) [ |
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| (g) [ |
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| described by Subsection (f) [ |
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| appropriated each school year to supplement the allotment to which | ||
| a school district is entitled under this section that may be | ||
| provided using the appropriation amount described by Subsection (f) | ||
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| under this subsection to prevent any reduction under Subsection (f) | ||
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| instructional facility, subject to the maximum amount of $1,000 for | ||
| each student in average daily attendance. Any funds remaining | ||
| after preventing all reductions in amounts due for high school | ||
| instructional facilities may be applied proportionally to all other | ||
| eligible instructional facilities, subject to the maximum amount of | ||
| $1,000 for each student in average daily attendance. | ||
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| SECTION 1.030. Subchapter D, Chapter 48, Education Code, as | ||
| added by this Act, is amended by adding Section 48.153 to read as | ||
| follows: | ||
| Sec. 48.153. DROPOUT RECOVERY SCHOOL AND RESIDENTIAL | ||
| PLACEMENT FACILITY ALLOTMENT. A school district or open-enrollment | ||
| charter school is entitled to $275 for each student in average daily | ||
| attendance who: | ||
| (1) resides in a residential placement facility; or | ||
| (2) is at a district or school or a campus of the | ||
| district or school that is designated as a dropout recovery school | ||
| under Section 39.0548. | ||
| SECTION 1.031. Section 42.106, Education Code, is | ||
| transferred to Subchapter D, Chapter 48, Education Code, as added | ||
| by this Act, redesignated as Section 48.154, and amended to read as | ||
| follows: | ||
| Sec. 48.154 [ |
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| OFFERING ALL GRADE LEVELS. A school district that contracts for | ||
| students residing in the district to be educated in another | ||
| district under Section 25.039(a) is entitled to receive an | ||
| allotment equal to the total amount of tuition required to be paid | ||
| by the district under Section 25.039, not to exceed the amount | ||
| specified by commissioner rule under Section 25.039(b). | ||
| SECTION 1.032. Subchapter D, Chapter 48, Education Code, as | ||
| added by this Act, is amended by adding Sections 48.155, 48.156, and | ||
| 48.157 to read as follows: | ||
| Sec. 48.155. COLLEGE PREPARATION ASSESSMENT REIMBURSEMENT. | ||
| A school district is entitled to reimbursement for the amount of | ||
| fees paid by the district for the administration of an assessment | ||
| instrument under Section 39.0261(a)(3). | ||
| Sec. 48.156. CERTIFICATION EXAMINATION REIMBURSEMENT. A | ||
| school district is entitled to reimbursement for the amount of a | ||
| subsidy paid by the district for a student's certification | ||
| examination under Section 29.190(a) as provided by Section | ||
| 29.190(c). | ||
| Sec. 48.157. TEACHER INCENTIVE FEE REIMBURSEMENT. A school | ||
| district is entitled to reimbursement for any fee paid under | ||
| Subchapter P, Chapter 21, or membership fees paid to the National | ||
| Board for Professional Standards for the purpose of Section | ||
| 21.753(b). | ||
| SECTION 1.033. Chapter 48, Education Code, as added by this | ||
| Act, is amended by adding Subchapter E, and a heading is added to | ||
| that subchapter to read as follows: | ||
| SUBCHAPTER E. TIER TWO ENTITLEMENT | ||
| SECTION 1.034. Sections 42.301, 42.302, 42.303, and 42.304, | ||
| Education Code, are transferred to Subchapter E, Chapter 48, | ||
| Education Code, as added by this Act, redesignated as Sections | ||
| 48.201, 48.202, 48.203, and 48.204, Education Code, and amended to | ||
| read as follows: | ||
| Sec. 48.201 [ |
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| two [ |
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| is to provide each school district with the opportunity to provide | ||
| the basic program and to supplement that program at a level of its | ||
| own choice. An allotment under this subchapter may be used for any | ||
| legal purpose other than capital outlay or debt service. | ||
| Sec. 48.202 [ |
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| district is guaranteed a specified amount per weighted student in | ||
| state and local funds for each cent of tax effort over that required | ||
| for the district's local fund assignment up to the maximum level | ||
| specified in this subchapter. The amount of state support, subject | ||
| only to the maximum amount under Section 48.203 [ |
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| 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[ |
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| "DTR" is the district enrichment tax rate of the school | ||
| district, which is determined by subtracting the amounts specified | ||
| by Subsection (b) from the total amount of maintenance and | ||
| operations taxes collected by the school district for the | ||
| applicable school year and dividing the difference by the quotient | ||
| of the district's taxable value of property as determined under | ||
| Subchapter M, Chapter 403, Government Code, or, if applicable, | ||
| under Section 48.258 [ |
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| "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 48.258 [ |
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| (a-1) For purposes of Subsection (a), the dollar amount | ||
| guaranteed level of state and local funds per weighted student per | ||
| cent of tax effort ("GL") for a school district is: | ||
| (1) [ |
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| the amount that results from multiplying $5,880, or the greater | ||
| amount provided under Section 48.051(b), if applicable, by 0.016 | ||
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| and operations tax rate exceeds the district's tier one tax rate | ||
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| (2) subject to Subsection (f), the amount that results | ||
| from multiplying $5,880, or the greater amount provided under | ||
| Section 48.051(b), if applicable, by 0.008 [ |
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| district's maintenance and operations tax effort that exceeds the | ||
| amount of tax effort described by Subdivision (1). | ||
| (a-2) The limitation on district enrichment tax rate | ||
| ("DTR") under Section 48.203 [ |
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| district's maintenance and operations tax effort described by | ||
| Subsection (a-1)(1). | ||
| (b) In computing the district enrichment tax rate of a | ||
| school district, the total amount of maintenance and operations | ||
| taxes collected by the school district does not include the amount | ||
| of: | ||
| (1) the district's local fund assignment under Section | ||
| 48.256 [ |
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| (2) taxes paid into a tax increment fund under Chapter | ||
| 311, Tax Code. | ||
| (c) For purposes of this section, school district taxes for | ||
| which credit is granted under Section 31.035, 31.036, or 31.037, | ||
| Tax Code, are considered taxes collected by the school district as | ||
| if the taxes were paid when the credit for the taxes was granted. | ||
| (d) For purposes of this section, the total amount of | ||
| maintenance and operations taxes collected for an applicable school | ||
| year by a school district with alternate tax dates, as authorized by | ||
| Section 26.135, Tax Code, is the amount of taxes collected on or | ||
| after January 1 of the year in which the school year begins and not | ||
| later than December 31 of the same year. | ||
| (e) For purposes of this section, school district taxes for | ||
| which credit is granted under former Subchapter D, Chapter 313, Tax | ||
| Code, are considered taxes collected by the school district as if | ||
| the taxes were paid when the credit for the taxes was granted. | ||
| (f) For a school year in which the dollar amount guaranteed | ||
| level of state and local funds per weighted student per cent of tax | ||
| effort ("GL") under Subsection (a-1)(2) exceeds the dollar amount | ||
| guaranteed level of state and local funds per weighted student per | ||
| cent of tax effort ("GL") under Subsection (a-1)(2) for the | ||
| preceding school year, a school district shall reduce the | ||
| district's tax rate under Section 45.0032(b)(2) for the tax year | ||
| that corresponds to that school year to a rate that results in the | ||
| amount of state and local funds per weighted student per cent of tax | ||
| effort available to the district at the dollar amount guaranteed | ||
| level for the preceding school year. A school district is not | ||
| entitled to the amount equal to the increase of revenue described by | ||
| this subsection for the school year for which the district must | ||
| reduce the district's tax rate. Unless Section 26.08(a-1), Tax | ||
| Code, applies to the district, for a tax year in which a district | ||
| must reduce the district's tax rate under this subsection, the | ||
| district may not increase the district's maintenance and operations | ||
| tax rate to a rate that exceeds the maximum maintenance and | ||
| operations tax rate permitted under Section 45.003(d) or (f), as | ||
| applicable, minus the reduction of tax effort required under this | ||
| subsection. This subsection does not apply if the amount of state | ||
| funds appropriated for a school year specifically excludes the | ||
| amount necessary to provide the dollar amount guaranteed level of | ||
| state and local funds per weighted student per cent of tax effort | ||
| under Subsection (a-1)(2) [ |
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| (f-1) For the 2019 tax year, Subsection (f) applies to a | ||
| district's maintenance and operations tax rate after adjusting the | ||
| district's rate in accordance with Section 45.0032. This | ||
| subsection expires September 1, 2020. | ||
| Sec. 48.203 [ |
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| The district enrichment tax rate ("DTR") under Section 48.202 | ||
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| the maximum rate permitted under Section 45.003 exceeds the rate | ||
| used to determine the district's local share under Section 48.256 | ||
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| appropriation. | ||
| Sec. 48.204 [ |
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| MILITARY RESERVATION OR AT STATE SCHOOL. State assistance under | ||
| this subchapter for a school district located on a federal military | ||
| installation or at Moody State School is computed using the average | ||
| tax rate and property value per student of school districts in the | ||
| county, as determined by the commissioner. | ||
| SECTION 1.035. Chapter 48, Education Code, as added by this | ||
| Act, is amended by adding Subchapter F, and a heading is added to | ||
| that subchapter to read as follows: | ||
| SUBCHAPTER F. FINANCING THE PROGRAM | ||
| SECTION 1.036. Sections 42.251, 42.2511, 42.2514, 42.2515, | ||
| and 42.2516, Education Code, are transferred to Subchapter F, | ||
| Chapter 48, Education Code, as added by this Act, redesignated as | ||
| Sections 48.251, 48.252, 48.253, 48.254, and 48.255, Education | ||
| Code, and amended to read as follows: | ||
| Sec. 48.251 [ |
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| cost of the Foundation School Program for a school district is the | ||
| total sum of: | ||
| (1) the sum of the tier one allotments and other | ||
| funding as follows: | ||
| (A) the basic allotment under Subchapter B; | ||
| (B) [ |
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| under Subchapter C; and | ||
| (C) the additional funding under Subchapter D; | ||
| and | ||
| (2) [ |
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| (b) The sum of the Foundation School Program maintenance and | ||
| operations costs for all accredited school districts in this state | ||
| constitutes [ |
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| Foundation School Program. | ||
| (c) [ |
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| (1) state available school funds distributed in | ||
| accordance with the law [ |
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| (2) ad valorem tax revenue generated by local school | ||
| district effort [ |
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| (3) [ |
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| public school education and allocated to each district in an amount | ||
| sufficient to finance the cost of each district's Foundation School | ||
| Program not covered by other funds specified in this subsection. | ||
| Sec. 48.252 [ |
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| CERTAIN STUDENTS. (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; and | ||
| (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. | ||
| (b) Notwithstanding any other provision of this chapter or | ||
| Chapter 49 [ |
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| entitled to receive for each student in average daily attendance at | ||
| the campus described by Subsection (a) an amount equivalent to the | ||
| difference, if the difference results in increased funding, | ||
| between: | ||
| (1) the amount described by Section 12.106; and | ||
| (2) the amount to which the district would be entitled | ||
| under this chapter. | ||
| (c) The commissioner shall adopt rules as necessary to | ||
| administer this section. | ||
| Sec. 48.253 [ |
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| INCREMENT FINANCING PAYMENTS. For each school year, a school | ||
| district[ |
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| amount equal to the amount the district is required to pay into the | ||
| tax increment fund for a reinvestment zone under Section | ||
| 311.013(n), Tax Code. | ||
| Sec. 48.254 [ |
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| TAX CREDITS UNDER TEXAS ECONOMIC DEVELOPMENT ACT. [ |
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| school year, a school district, including a school district that is | ||
| otherwise ineligible for state aid under this chapter, is entitled | ||
| to state aid in an amount equal to the amount of all tax credits | ||
| credited against ad valorem taxes of the district in that year under | ||
| former Subchapter D, Chapter 313, Tax Code. | ||
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| Sec. 48.255 [ |
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| In this title, "state compression percentage" means the percentage | ||
| of the rate of $1.00 per $100 valuation of taxable property at which | ||
| a school district must levy a [ |
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| operations tax to receive the full amount of the tier one allotment | ||
| to which the district is entitled under this chapter. | ||
| (b) The [ |
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| (1) 92 percent; or | ||
| (2) a lower percentage set [ |
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| appropriation for a school year [ |
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| SECTION 1.037. Effective September 1, 2020, Section | ||
| 42.2516, Education Code, is transferred to Subchapter F, Chapter | ||
| 48, Education Code, as added by this Act, redesignated as Section | ||
| 48.255, Education Code, and amended to read as follows: | ||
| Sec. 48.255 [ |
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| In this title, "state compression percentage" means the percentage | ||
| of the rate of $1.00 per $100 valuation of taxable property at which | ||
| a school district must levy a [ |
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| operations tax to receive the full amount of the tier one allotment | ||
| to which the district is entitled under this chapter. | ||
| (b) The [ |
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| (1) 100 percent; or | ||
| (2) a lower percentage set [ |
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| appropriation for a school year [ |
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| SECTION 1.038. Section 42.252, Education Code, is | ||
| transferred to Subchapter F, Chapter 48, Education Code, as added | ||
| by this Act, redesignated as Section 48.256, Education Code, and | ||
| amended to read as follows: | ||
| Sec. 48.256 [ |
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| ONE). (a) Each school district's share of the Foundation School | ||
| Program is determined by the following formula: | ||
| LFA = TR X DPV | ||
| where: | ||
| "LFA" is the school district's local share; | ||
| "TR" is the school district's adopted tier one maintenance | ||
| and operations [ |
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| "DPV" is the taxable value of property in the school district | ||
| for the current [ |
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| Chapter 403, Government Code. | ||
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| (b) The commissioner shall adjust the values reported by [ |
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| property resulting from natural or economic disaster [ |
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|
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| of the commissioner is final. An adjustment does not affect the | ||
| local fund assignment of any other school district. | ||
| (c) Appeals of district values shall be held pursuant to | ||
| Section 403.303, Government Code. | ||
| [ |
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|
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| SECTION 1.039. Subchapter F, Chapter 48, Education Code, as | ||
| added by this Act, is amended by adding Section 48.257 to read as | ||
| follows: | ||
| Sec. 48.257. LOCAL REVENUE LEVEL IN EXCESS OF ENTITLEMENT. | ||
| (a) Subject to Subsection (b), if a school district's tier one | ||
| revenue level, which is the district's tier one local share under | ||
| Section 48.256, exceeds the district's entitlement under Section | ||
| 48.266(a)(1) less the district's distribution from the state | ||
| available school fund, the district must reduce the district's tier | ||
| one revenue level in accordance with Chapter 49 to a level not to | ||
| exceed the district's entitlement under Section 48.266(a)(1) less | ||
| the district's distribution from the state available school fund. | ||
| (b) This subsection applies only to a school district to | ||
| which Subsection (a) applies. If the sum of a district's | ||
| maintenance and operations tax collections from the tax rate | ||
| described by Section 45.0032(a) for the current tax year minus the | ||
| district's tier one revenue level under Subsection (a) is less than | ||
| the amount of the district's entitlement under Section | ||
| 48.266(a)(1), the agency shall adjust the amount of the district's | ||
| tier one revenue level under Subsection (a) to ensure that the | ||
| district retains the amount of local funds necessary for the | ||
| district's entitlement under Section 48.266(a)(1). | ||
| (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)(1), (2), or (3) may offset the amount by which a | ||
| district must reduce the district's tier one revenue level under | ||
| Subsection (a). Any amount of state aid used as an offset under this | ||
| subsection shall reduce the amount of state aid to which the | ||
| district is entitled. | ||
| (d) Except as provided by Subsection (e), a school district | ||
| is entitled to retain the total amount of the district's tier two | ||
| local share described by Section 48.266(a)(5)(A). | ||
| (e) In any school year for which the amount of state funds | ||
| appropriated specifically excludes the amount necessary to provide | ||
| the dollar amount guaranteed level of state and local funds per | ||
| weighted student per cent of tax effort under Section | ||
| 48.202(a-1)(1), a district may only retain the amount of the | ||
| district's tier two local share described by Section | ||
| 48.266(a)(5)(A) equal to the amount of revenue that would be | ||
| generated based on the amount appropriated for the dollar amount | ||
| guaranteed level of state and local funds. | ||
| (f) If the amount of a school district's tier two local | ||
| share described by Section 48.266(a)(5)(B) to which a district is | ||
| entitled exceeds the amount described by Section 48.202(a-1)(2), | ||
| the district must reduce the district's revenue in accordance with | ||
| Chapter 49 to a level not to exceed the amount described by Section | ||
| 48.202 (a-1)(2). | ||
| SECTION 1.040. Sections 42.2521, 42.2522, 42.2523, | ||
| 42.2524, 42.2525, 42.2526, 42.2527, 42.2528, 42.253, 42.2531, | ||
| 42.2532, 42.254, 42.255, 42.257, 42.258, 42.259, 42.2591, and | ||
| 42.260, Education Code, are transferred to Subchapter F, Chapter | ||
| 48, Education Code, as added by this Act, redesignated as Sections | ||
| 48.258, 48.259, 48.260, 48.261, 48.262, 48.263, 48.264, 48.265, | ||
| 48.266, 48.267, 48.268, 48.269, 48.270, 48.271, 48.272, 48.273, | ||
| 48.274, and 48.275, Education Code, and amended to read as follows: | ||
| Sec. 48.258 [ |
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| TAXABLE VALUE OF PROPERTY. (a) For purposes of Chapters [ |
||
| 46 and 49 and this chapter, and to the extent money specifically | ||
| authorized to be used under this section is available, the | ||
| commissioner shall adjust the taxable value of property in a school | ||
| district that, due to factors beyond the control of the board of | ||
| trustees, experiences a rapid decline in the tax base used in | ||
| calculating taxable values in excess of four percent of the tax base | ||
| used in the preceding year. | ||
| (b) To the extent that a sufficient amount of money is not | ||
| available to fund all adjustments under this section, the | ||
| commissioner shall reduce adjustments in the manner provided by | ||
| Section 48.266(f) [ |
||
| adjustments equals the amount of money available to fund the | ||
| adjustments. | ||
| (c) A decision of the commissioner under this section is | ||
| final and may not be appealed. | ||
| Sec. 48.259 [ |
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| EXEMPTION. (a) In any school year, the commissioner may not | ||
| provide funding under this chapter or Chapter 46 based on a school | ||
| district's taxable value of property computed in accordance with | ||
| Section 403.302(d)(2), Government Code, unless: | ||
| (1) funds are specifically appropriated for purposes | ||
| of this section; or | ||
| (2) the commissioner determines that the total amount | ||
| of state funds appropriated for purposes of the Foundation School | ||
| Program for the school year exceeds the amount of state funds | ||
| distributed to school districts in accordance with Section 48.266 | ||
| [ |
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| districts computed in accordance with Section 403.302(d), | ||
| Government Code, without any deduction for residence homestead | ||
| exemptions granted under Section 11.13(n), Tax Code. | ||
| (b) In making a determination under Subsection (a)(2), the | ||
| commissioner shall: | ||
| (1) notwithstanding Section 48.266(b) [ |
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| reduce the entitlement under this chapter of a school district | ||
| whose final taxable value of property is higher than the estimate | ||
| under Section 48.269 [ |
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| accordingly; and | ||
| (2) give priority to school districts that, due to | ||
| factors beyond the control of the board of trustees, experience a | ||
| rapid decline in the tax base used in calculating taxable values in | ||
| excess of four percent of the tax base used in the preceding year. | ||
| (c) In the first year of a state fiscal biennium, before | ||
| providing funding as provided by Subsection (a)(2), the | ||
| commissioner shall ensure that sufficient appropriated funds for | ||
| purposes of the Foundation School Program are available for the | ||
| second year of the biennium, including funds to be used for purposes | ||
| of Section 48.258 [ |
||
| (d) If the commissioner determines that the amount of funds | ||
| available under Subsection (a)(1) or (2) does not at least equal the | ||
| total amount of state funding to which districts would be entitled | ||
| if state funding under this chapter were based on the taxable values | ||
| of property in school districts computed in accordance with Section | ||
| 403.302(d)(2), Government Code, the commissioner may, to the extent | ||
| necessary, provide state funding based on a uniform lesser fraction | ||
| of the deduction under Section 403.302(d)(2), Government Code. | ||
| (e) The commissioner shall notify school districts as soon | ||
| as practicable as to the availability of funds under this section. | ||
| For purposes of computing a rollback tax rate under Section 26.08, | ||
| Tax Code, a district shall adjust the district's tax rate limit to | ||
| reflect assistance received under this section. | ||
| Sec. 48.260 [ |
||
| AFFECTED BY STATE OF DISASTER. (a) For purposes of Chapters [ |
||
|
|
||
| taxable value of property of a school district all or part of which | ||
| is located in an area declared a disaster area by the governor under | ||
| Chapter 418, Government Code, as necessary to ensure that the | ||
| district receives funding based as soon as possible on property | ||
| values as affected by the disaster. | ||
| (b) The commissioner may fund adjustments under this | ||
| section using funds specifically appropriated for the purpose or | ||
| other funds available to the commissioner for that purpose. | ||
| (c) [ |
||
| is final and may not be appealed. | ||
| Sec. 48.261 [ |
||
| REMEDIATION COSTS. (a) This section applies only to a school | ||
| district all or part of which is located in an area declared a | ||
| disaster area by the governor under Chapter 418, Government Code, | ||
| and that incurs disaster remediation costs as a result of the | ||
| disaster. | ||
| (b) During the two-year period following the date of the | ||
| governor's initial proclamation or executive order declaring a | ||
| state of disaster, a district may apply to the commissioner for | ||
| reimbursement of disaster remediation costs that the district pays | ||
| during that period and does not anticipate recovering through | ||
| insurance proceeds, federal disaster relief payments, or another | ||
| similar source of reimbursement. | ||
| (c) The commissioner may provide reimbursement under this | ||
| section only if funds are available for that purpose from [ |
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|
|
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| (1) [ |
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| [ |
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| including amounts appropriated for school [ |
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| that purpose to the disaster contingency fund established under | ||
| Section 418.073, Government Code; or | ||
| (2) [ |
||
| for that purpose, based on a determination by the commissioner that | ||
| the amount appropriated for the Foundation School Program, | ||
| including the facilities component as provided by Chapter 46, | ||
| exceeds the amount to which districts are entitled under this | ||
| chapter and Chapter 46[ |
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| [ |
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| (d) [ |
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| [ |
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| must provide the commissioner with adequate documentation of the | ||
| costs for which the district seeks reimbursement. | ||
| (e) [ |
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| [ |
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| [ |
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| [ |
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| implement this section, including rules defining "disaster | ||
| remediation costs" for purposes of this section and specifying the | ||
| type of documentation required under Subsection (d) [ |
||
| (f) [ |
||
| section, the commissioner may permit a district to use amounts | ||
| provided to a district under this section to pay the costs of | ||
| replacing a facility instead of repairing the facility. The | ||
| commissioner shall ensure that a district that elects to replace a | ||
| facility does not receive an amount under this section that exceeds | ||
| the lesser of: | ||
| (1) the amount that would be provided to the district | ||
| if the facility were repaired; or | ||
| (2) the amount necessary to replace the facility. | ||
| (g) [ |
||
| provide any requested reimbursement. A decision of the | ||
| commissioner regarding reimbursement is final and may not be | ||
| appealed. | ||
| Sec. 48.262 [ |
||
| RECEIVING FEDERAL IMPACT AID. The commissioner is granted the | ||
| authority to ensure that school districts receiving federal impact | ||
| aid due to the presence of a military installation or significant | ||
| concentrations of military students do not receive more than an | ||
| eight percent reduction should the federal government reduce | ||
| appropriations to those schools. | ||
| Sec. 48.263 [ |
||
| PILOT PROGRAM. (a) This section applies only to a school district | ||
| operating a pilot program authorized by Section 28.0255. | ||
| (b) Beginning with the first school year that follows the | ||
| first school year in which students receive high school diplomas | ||
| under the pilot program authorized by Section 28.0255 and | ||
| continuing for every subsequent school year that the district | ||
| operates the pilot program, the commissioner shall provide funding | ||
| for the district's prekindergarten program under Section 29.153 on | ||
| a full-day basis for a number of prekindergarten students equal to | ||
| twice the number of students who received a high school diploma | ||
| under the pilot program authorized by Section 28.0255 during the | ||
| preceding school year. | ||
| (c) This section expires September 1, 2023. | ||
| Sec. 48.264 [ |
||
| WITH EARLY HIGH SCHOOL GRADUATION PROGRAMS. (a) As a pilot program | ||
| to enable the state to evaluate the benefit of providing additional | ||
| funding at the prekindergarten level for low-income students, the | ||
| commissioner shall provide prekindergarten funding in accordance | ||
| with this section to a school district located in a county that | ||
| borders the United Mexican States and the Gulf of Mexico. | ||
| (b) The commissioner shall provide funding for a school | ||
| district's prekindergarten program on a half-day basis for a number | ||
| of low-income prekindergarten students equal to twice the number of | ||
| students who received, as a result of participation in an early high | ||
| school graduation program operated by the district, a high school | ||
| diploma from the district during the preceding school year after | ||
| three years of secondary school attendance. | ||
| (c) The commissioner may adopt rules necessary to implement | ||
| this section. | ||
| (d) This section expires September 1, 2023. | ||
| Sec. 48.265 [ |
||
| OF SPECIAL EDUCATION SETTINGS. (a) Notwithstanding any other | ||
| provision of law, if the commissioner determines that the amount | ||
| appropriated for the purposes of the Foundation School Program | ||
| exceeds the amount to which school districts are entitled under | ||
| this chapter, the commissioner by rule shall establish a grant | ||
| program through which excess funds are awarded as grants for the | ||
| purchase of video equipment, or for the reimbursement of costs for | ||
| previously purchased video equipment, used for monitoring special | ||
| education classrooms or other special education settings required | ||
| under Section 29.022. | ||
| (b) In awarding grants under this section, the commissioner | ||
| shall give highest priority to districts with maintenance and | ||
| operations tax rates at the greatest rates permitted by law. The | ||
| commissioner shall also give priority to: | ||
| (1) districts with maintenance and operations tax | ||
| rates at least equal to the state maximum compressed tax rate, as | ||
| defined by Section 48.051(a) [ |
||
| maintenance and operations tax revenue per weighted student; and | ||
| (2) districts with debt service tax rates near or | ||
| equal to the greatest rates permitted by law. | ||
| (c) The commissioner may adopt rules to implement and | ||
| administer this section. | ||
| Sec. 48.266 [ |
||
| FUND. (a) For each school year the commissioner shall determine: | ||
| (1) the amount of money to which a school district is | ||
| entitled under Subchapters B, [ |
||
| (2) the amount of money to which a school district is | ||
| entitled under Subchapter E [ |
||
| (3) the amount of money allocated to the district from | ||
| the available school fund; | ||
| (4) the amount of each district's tier one local share | ||
| under Section 48.256 [ |
||
| (5) the amount of each district's tier two local share | ||
| under Section 48.202 for: | ||
| (A) the district's maintenance and operations | ||
| tax effort described by Section 48.202(a-1)(1); and | ||
| (B) the district's maintenance and operations | ||
| tax effort described by Section 48.202(a-1)(2) [ |
||
| (b) Except as provided by this subsection, the commissioner | ||
| shall base the determinations under Subsection (a) on the estimates | ||
| provided to the legislature under Section 48.269 [ |
||
| the General Appropriations Act provides estimates for that purpose, | ||
| on the estimates provided under that Act, for each school district | ||
| for each school year. The commissioner shall reduce the | ||
| entitlement of each district that has a final taxable value of | ||
| property for the second year of a state fiscal biennium that is | ||
| higher than the estimate under Section 48.269 [ |
||
| General Appropriations Act, as applicable. A reduction under this | ||
| subsection may not reduce the district's entitlement below the | ||
| amount to which it is entitled at its actual taxable value of | ||
| property. | ||
| (c) Each school district is entitled to an amount equal to | ||
| the difference for that district between the sum of Subsections | ||
| (a)(1) and (a)(2) and the sum of Subsections (a)(3), (a)(4), and | ||
| (a)(5). | ||
| (d) The commissioner shall approve warrants to each school | ||
| district equaling the amount of its entitlement except as provided | ||
| by this section. Warrants for all money expended according to this | ||
| chapter shall be approved and transmitted to treasurers or | ||
| depositories of school districts in the same manner that warrants | ||
| for state payments are transmitted. The total amount of the | ||
| warrants issued under this section may not exceed the total amount | ||
| appropriated for Foundation School Program purposes for that fiscal | ||
| year. | ||
| (e) [ |
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| satisfaction of the commissioner that the estimate of the | ||
| district's tax rate, student enrollment, or taxable value of | ||
| property used in determining the amount of state funds to which the | ||
| district is entitled are so inaccurate as to result in undue | ||
| financial hardship to the district, the commissioner may adjust | ||
| funding to that district in that school year to the extent that | ||
| funds are available for that year. | ||
| (f) [ |
||
| School Program for the second year of a state fiscal biennium is | ||
| less than the amount to which school districts and open-enrollment | ||
| charter schools are entitled for that year, the commissioner shall | ||
| certify the amount of the difference to the Legislative Budget | ||
| Board not later than January 1 of the second year of the state | ||
| fiscal biennium. The Legislative Budget Board shall propose to the | ||
| legislature that the certified amount be transferred to the | ||
| foundation school fund from the economic stabilization fund and | ||
| appropriated for the purpose of increases in allocations under this | ||
| subsection. If the legislature fails during the regular session to | ||
| enact the proposed transfer and appropriation and there are not | ||
| funds available under Subsection (h) [ |
||
| adjust the total amounts due to each school district and | ||
| open-enrollment charter school under this chapter and the total | ||
| amounts necessary for each school district to comply with the | ||
| requirements of Chapter 49 [ |
||
| to each district and school the same percentage adjustment to the | ||
| total amount of state and local revenue due to the district or | ||
| school under this chapter and Chapter 49 [ |
||
| amount of the adjustment to all districts and schools results in an | ||
| amount equal to the total adjustment necessary. The following | ||
| fiscal year: | ||
| (1) a district's or school's entitlement under this | ||
| section is increased by an amount equal to the adjustment made | ||
| under this subsection; and | ||
| (2) the amount necessary for a district to comply with | ||
| the requirements of Chapter 49 [ |
||
| necessary to ensure a district's full recovery of the adjustment | ||
| made under this subsection. | ||
| (g) [ |
||
| shall determine the actual amount of state funds to which each | ||
| school district is entitled under the allocation formulas in this | ||
| chapter for the current school year and shall compare that amount | ||
| with the amount of the warrants issued to each district for that | ||
| year. If the amount of the warrants differs from the amount to | ||
| which a district is entitled because of variations in the | ||
| district's tax rate, student enrollment, or taxable value of | ||
| property, the commissioner shall adjust the district's entitlement | ||
| for the next fiscal year accordingly. | ||
| (h) [ |
||
| for increases under Subsection (g) [ |
||
| comptroller, at any time during the fiscal year, finds are | ||
| available. | ||
| (i) [ |
||
| district the total amount by which the district's allocation of | ||
| state funds is increased or reduced under Subsection (g) [ |
||
| shall certify that amount to the district. | ||
| Sec. 48.267 [ |
||
| The commissioner may make adjustments to amounts due to a school | ||
| district under this chapter or Chapter 46, or to amounts necessary | ||
| for a district to comply with the requirements of Chapter 49 [ |
||
| as provided by this section. | ||
| (b) A school district that has a major taxpayer, as | ||
| determined by the commissioner, that because of a protest of the | ||
| valuation of the taxpayer's property fails to pay all or a portion | ||
| of the ad valorem taxes due to the district may apply to the | ||
| commissioner to have the district's taxable value of property or ad | ||
| valorem tax collections adjusted for purposes of this chapter or | ||
| Chapter [ |
||
| only to the extent the commissioner determines that making the | ||
| adjustment will not: | ||
| (1) in the fiscal year in which the adjustment is made, | ||
| cause the amount to which school districts are entitled under this | ||
| chapter to exceed the amount appropriated for purposes of the | ||
| Foundation School Program for that year; and | ||
| (2) if the adjustment is made in the first year of a | ||
| state fiscal biennium, cause the amount to which school districts | ||
| are entitled under this chapter for the second year of the biennium | ||
| to exceed the amount appropriated for purposes of the Foundation | ||
| School Program for that year. | ||
| (c) The commissioner shall recover the benefit of any | ||
| adjustment made under this section by making offsetting adjustments | ||
| in the school district's taxable value of property or ad valorem tax | ||
| collections for purposes of this chapter or Chapter [ |
||
| on a final determination of the taxable value of property that was | ||
| the basis of the original adjustment, or in the second school year | ||
| following the year in which the adjustment is made, whichever is | ||
| earlier. | ||
| (d) This section does not require the commissioner to make | ||
| any requested adjustment. A determination by the commissioner | ||
| under this section is final and may not be appealed. | ||
| Sec. 48.268 [ |
||
| DISPUTE OR ERROR RESULTING IN TAXATION OF SAME PROPERTY BY MULTIPLE | ||
| SCHOOL DISTRICTS. The commissioner shall adjust the amounts due to | ||
| a school district under this chapter and Chapter 46 as necessary to | ||
| account for the resolution of a dispute or error involving the | ||
| district and another district by an agreement between the districts | ||
| entered into under Section 31.112(c), Tax Code, or by a final order | ||
| of the supreme court entered under Section 72.010, Local Government | ||
| Code. | ||
| Sec. 48.269 [ |
||
| than October 1 of each even-numbered year: | ||
| (1) the agency shall submit to the legislature an | ||
| estimate of the tax rate and student enrollment of each school | ||
| district for the following biennium; and | ||
| (2) the comptroller shall submit to the legislature an | ||
| estimate of the total taxable value of all property in the state as | ||
| determined under Subchapter M, Chapter 403, Government Code, for | ||
| the following biennium. | ||
| (b) The agency and the comptroller shall update the | ||
| information provided to the legislature under Subsection (a) not | ||
| later than March 1 of each odd-numbered year. | ||
| Sec. 48.270 [ |
||
| When, in the opinion of the agency's director of school audits, | ||
| audits or reviews of accounting, enrollment, or other records of a | ||
| school district reveal deliberate falsification of the records, or | ||
| violation of the provisions of this chapter, through which the | ||
| district's share of state funds allocated under the authority of | ||
| this chapter would be, or has been, illegally increased, the | ||
| director shall promptly and fully report the fact to the State Board | ||
| of Education, the state auditor, and the appropriate county | ||
| attorney, district attorney, or criminal district attorney. | ||
| Sec. 48.271 [ |
||
| the final determination of an appeal under Chapter 42, Tax Code, | ||
| results in a reduction in the taxable value of property that exceeds | ||
| five percent of the total taxable value of property in the school | ||
| district for the same tax year determined under Subchapter M, | ||
| Chapter 403, Government Code, the commissioner shall request the | ||
| comptroller to adjust its taxable property value findings for that | ||
| year consistent with the final determination of the appraisal | ||
| appeal. | ||
| (b) If the district would have received a greater amount | ||
| from the foundation school fund for the applicable school year | ||
| using the adjusted value, the commissioner shall add the difference | ||
| to subsequent distributions to the district from the foundation | ||
| school fund. An adjustment does not affect the local fund | ||
| assignment of any other district. | ||
| Sec. 48.272 [ |
||
| (a) If a school district has received an overallocation of state | ||
| funds, the agency shall, by withholding from subsequent allocations | ||
| of state funds for the current or subsequent school year or by | ||
| requesting and obtaining a refund, recover from the district an | ||
| amount equal to the overallocation. | ||
| (b) [ |
||
| recover an overallocation of state funds over a period not to exceed | ||
| the subsequent five school years if the commissioner determines | ||
| that the overallocation was the result of exceptional circumstances | ||
| reasonably caused by statutory changes to Chapter [ |
||
| or this chapter and related reporting requirements. | ||
| (c) [ |
||
| refund under Subsection (a), the agency shall certify to the | ||
| comptroller that the amount constitutes a debt for purposes of | ||
| Section 403.055, Government Code. The agency shall provide to the | ||
| comptroller the amount of the overallocation and any other | ||
| information required by the comptroller. The comptroller may | ||
| certify the amount of the debt to the attorney general for | ||
| collection. | ||
| (d) [ |
||
| deposited in the foundation school fund. | ||
| (e) The agency may review a school district as necessary to | ||
| determine if the district qualifies for each allotment received by | ||
| the district under this chapter. If the agency determines that a | ||
| school district received an allotment to which the district was not | ||
| entitled, the agency may establish a corrective action plan or | ||
| withhold the applicable amount of funding from the district. | ||
| Sec. 48.273 [ |
||
| (a) In this section: | ||
| (1) "Category 1 school district" means a school | ||
| district having a wealth per student of less than one-half of the | ||
| statewide average wealth per student. | ||
| (2) "Category 2 school district" means a school | ||
| district having a wealth per student of at least one-half of the | ||
| statewide average wealth per student but not more than the | ||
| statewide average wealth per student. | ||
| (3) "Category 3 school district" means a school | ||
| district having a wealth per student of more than the statewide | ||
| average wealth per student. | ||
| (4) "Wealth per student" means the taxable property | ||
| values reported by the comptroller to the commissioner under | ||
| Section 48.256 [ |
||
| average daily attendance. | ||
| (b) Payments from the foundation school fund to each | ||
| category 1 school district shall be made as follows: | ||
| (1) 15 percent of the yearly entitlement of the | ||
| district shall be paid in an installment to be made on or before the | ||
| 25th day of September of a fiscal year; | ||
| (2) 80 percent of the yearly entitlement of the | ||
| district shall be paid in eight equal installments to be made on or | ||
| before the 25th day of October, November, December, January, March, | ||
| May, June, and July; and | ||
| (3) five percent of the yearly entitlement of the | ||
| district shall be paid in an installment to be made on or before the | ||
| 25th day of February. | ||
| (c) Payments from the foundation school fund to each | ||
| category 2 school district shall be made as follows: | ||
| (1) 22 percent of the yearly entitlement of the | ||
| district shall be paid in an installment to be made on or before the | ||
| 25th day of September of a fiscal year; | ||
| (2) 18 percent of the yearly entitlement of the | ||
| district shall be paid in an installment to be made on or before the | ||
| 25th day of October; | ||
| (3) 9.5 percent of the yearly entitlement of the | ||
| district shall be paid in an installment to be made on or before the | ||
| 25th day of November; | ||
| (4) 7.5 percent of the yearly entitlement of the | ||
| district shall be paid in an installment to be made on or before the | ||
| 25th day of April; | ||
| (5) five percent of the yearly entitlement of the | ||
| district shall be paid in an installment to be made on or before the | ||
| 25th day of May; | ||
| (6) 10 percent of the yearly entitlement of the | ||
| district shall be paid in an installment to be made on or before the | ||
| 25th day of June; | ||
| (7) 13 percent of the yearly entitlement of the | ||
| district shall be paid in an installment to be made on or before the | ||
| 25th day of July; and | ||
| (8) 15 percent of the yearly entitlement of the | ||
| district shall be paid in an installment to be made on or before the | ||
| 25th day of August. | ||
| (d) Payments from the foundation school fund to each | ||
| category 3 school district shall be made as follows: | ||
| (1) 45 percent of the yearly entitlement of the | ||
| district shall be paid in an installment to be made on or before the | ||
| 25th day of September of a fiscal year; | ||
| (2) 35 percent of the yearly entitlement of the | ||
| district shall be paid in an installment to be made on or before the | ||
| 25th day of October; and | ||
| (3) 20 percent of the yearly entitlement of the | ||
| district shall be paid in an installment to be made on or before the | ||
| 25th day of August. | ||
| (e) The amount of any installment required by this section | ||
| may be modified to provide a school district with the proper amount | ||
| to which the district may be entitled by law and to correct errors | ||
| in the allocation or distribution of funds. If an installment under | ||
| this section is required to be equal to other installments, the | ||
| amount of other installments may be adjusted to provide for that | ||
| equality. A payment under this section is not invalid because it is | ||
| not equal to other installments. | ||
| (f) Previously unpaid additional funds from prior fiscal | ||
| years owed to a district shall be paid to the district together with | ||
| the September payment of the current fiscal year entitlement. | ||
| (g) The commissioner shall make all annual Foundation | ||
| School Program payments under this section for purposes described | ||
| by Sections 45.252(a)(1) and (2) before the deadline established | ||
| under Section 45.263(b) for payment of debt service on | ||
| bonds. Notwithstanding any other provision of this section, the | ||
| commissioner may make Foundation School Program payments under this | ||
| section after the deadline established under Section 45.263(b) only | ||
| if the commissioner has not received notice under Section 45.258 | ||
| concerning a district's failure or inability to pay matured | ||
| principal or interest on bonds. | ||
| Sec. 48.274 [ |
||
| TO CERTAIN CHARTER SCHOOLS. (a) On the request of an | ||
| open-enrollment charter school, the commissioner shall compare the | ||
| student enrollment of the open-enrollment charter school for the | ||
| current school year to the student enrollment of the school during | ||
| the preceding school year. If the number of students enrolled at | ||
| the open-enrollment charter school for the current school year has | ||
| increased by 10 percent or more from the number of students enrolled | ||
| during the preceding school year, the open-enrollment charter | ||
| school may request that payments from the foundation school fund to | ||
| the school for the following school year and each subsequent school | ||
| year, subject to Subsection (b), be made according to the schedule | ||
| provided under Subsection (c). | ||
| (b) An open-enrollment charter school that qualifies to | ||
| receive funding as provided by this section is entitled to receive | ||
| funding in that manner for three school years. On the expiration | ||
| of that period, the commissioner shall determine the eligibility of | ||
| the open-enrollment charter school to continue receiving payments | ||
| from the foundation school fund under this section for an | ||
| additional three school years. Subsequently, the open-enrollment | ||
| charter school must reestablish eligibility in the manner provided | ||
| by this subsection every three school years. | ||
| (c) Payments from the foundation school fund to an | ||
| open-enrollment charter school under this section shall be made as | ||
| follows: | ||
| (1) 22 percent of the yearly entitlement of the school | ||
| shall be paid in an installment to be made on or before the 25th day | ||
| of September of a fiscal year; | ||
| (2) 18 percent of the yearly entitlement of the school | ||
| shall be paid in an installment to be made on or before the 25th day | ||
| of October; | ||
| (3) 9.5 percent of the yearly entitlement of the | ||
| school shall be paid in an installment to be made on or before the | ||
| 25th day of November; | ||
| (4) four percent of the yearly entitlement of the | ||
| school shall be paid in an installment to be made on or before the | ||
| 25th day of December; | ||
| (5) four percent of the yearly entitlement of the | ||
| school shall be paid in an installment to be made on or before the | ||
| 25th day of January; | ||
| (6) four percent of the yearly entitlement of the | ||
| school shall be paid in an installment to be made on or before the | ||
| 25th day of February; | ||
| (7) four percent of the yearly entitlement of the | ||
| school shall be paid in an installment to be made on or before the | ||
| 25th day of March; | ||
| (8) 7.5 percent of the yearly entitlement of the | ||
| school shall be paid in an installment to be made on or before the | ||
| 25th day of April; | ||
| (9) five percent of the yearly entitlement of the | ||
| school shall be paid in an installment to be made on or before the | ||
| 25th day of May; | ||
| (10) seven percent of the yearly entitlement of the | ||
| school shall be paid in an installment to be made on or before the | ||
| 25th day of June; | ||
| (11) seven percent of the yearly entitlement of the | ||
| school shall be paid in an installment to be made on or before the | ||
| 25th day of July; and | ||
| (12) eight percent of the yearly entitlement of the | ||
| school shall be paid in an installment to be made on or before the | ||
| 25th day of August. | ||
| (d) The amount of any installment required by this section | ||
| may be modified to provide an open-enrollment charter school with | ||
| the proper amount to which the school may be entitled by law and to | ||
| correct errors in the allocation or distribution of funds. | ||
| (e) Previously unpaid additional funds from prior fiscal | ||
| years owed to an open-enrollment charter school shall be paid to the | ||
| school together with the September payment of the current fiscal | ||
| year entitlement. | ||
| Sec. 48.275 [ |
||
| section, "participating charter school" means an open-enrollment | ||
| charter school that participates in the uniform group coverage | ||
| program established under Chapter 1579, Insurance Code. | ||
| (b) The amount of additional funds to which each school | ||
| district or participating charter school is entitled due to the | ||
| increases in formula funding made by H.B. No. 3343, Acts of the 77th | ||
| Legislature, Regular Session, 2001, and any subsequent legislation | ||
| amending the provisions amended by that Act that increase formula | ||
| funding under Chapter 49 [ |
||
| and charter schools is available for purposes of Subsection (c). | ||
| (c) Notwithstanding any other provision of this code, a | ||
| school district or participating charter school may use the sum of | ||
| the following amounts of funds only to pay contributions under a | ||
| group health coverage plan for district or school employees: | ||
| (1) the amount determined by multiplying the amount of | ||
| $900 or the amount specified in the General Appropriations Act for | ||
| that year for purposes of the state contribution under Section | ||
| 1579.251, Insurance Code, by the number of district or school | ||
| employees who participate in a group health coverage plan provided | ||
| by or through the district or school; and | ||
| (2) the difference between the amount necessary for | ||
| the district or school to comply with Section 1581.052, Insurance | ||
| Code, for the school year and the amount the district or school is | ||
| required to use to provide health coverage under Section 1581.051, | ||
| Insurance Code, for that year. | ||
| (d) A determination by the commissioner under this section | ||
| is final and may not be appealed. | ||
| [ |
||
|
|
||
| SECTION 1.041. Subchapter F, Chapter 48, Education Code, as | ||
| added by this Act, is amended by adding Sections 48.277, 48.278, | ||
| 48.279, and 48.280 to read as follows: | ||
| Sec. 48.277. FORMULA TRANSITION GRANT. (a) A school | ||
| district or open-enrollment charter school is entitled to receive | ||
| an annual allotment for each student in average daily attendance in | ||
| the amount equal to the difference, if the difference is greater | ||
| than zero, that results from subtracting the total maintenance and | ||
| operations revenue per student in average daily attendance for the | ||
| current school year from the lesser of: | ||
| (1) 100 percent of the district's or school's total | ||
| maintenance and operations revenue per student in average daily | ||
| attendance for the applicable school year under Subsection (b)(1) | ||
| that the district or school would have received under former | ||
| Chapters 41 and 42, as those chapters existed on January 1, 2019; or | ||
| (2) 128 percent of the statewide average amount of | ||
| maintenance and operations revenue per student in average daily | ||
| attendance that would have been provided for the applicable school | ||
| year under Subsection (b)(1) under former Chapters 41 and 42, as | ||
| those chapters existed on January 1, 2019. | ||
| (b) For purposes of calculating maintenance and operations | ||
| revenue under Subsection (a), the commissioner shall: | ||
| (1) for purposes of Subsections (a)(1) and (2), use | ||
| the following applicable school year: | ||
| (A) in a school year ending in an even-numbered | ||
| year, the 2019-2020 school year; and | ||
| (B) in a school year ending in an odd-numbered | ||
| year, the 2020-2021 school year; | ||
| (2) include all state and local funding, except for | ||
| any funding resulting from: | ||
| (A) reimbursement for disaster remediation costs | ||
| under former Sections 41.0931 and 42.2524; | ||
| (B) an adjustment for rapid decline in taxable | ||
| value of property under former Section 42.2521; | ||
| (C) an adjustment for property value affected by | ||
| a state of disaster under former Section 42.2523; | ||
| (D) 50 percent of the third grade reading | ||
| outcomes bonus under Section 48.109; | ||
| (E) 50 percent of the college, career, or | ||
| military readiness outcomes bonus under Section 48.110; | ||
| (F) 50 percent of the teacher incentive allotment | ||
| under Section 48.112; and | ||
| (G) the classroom teacher and librarian | ||
| allotment under Section 48.280; | ||
| (3) adjust the calculation to reflect a reduction in | ||
| tax effort by a school district; and | ||
| (4) if a school district or open-enrollment charter | ||
| school receives a waiver relating to eligibility requirements for | ||
| the national free or reduced-price lunch program under 42 U.S.C. | ||
| Section 1751 et seq., use the numbers of educationally | ||
| disadvantaged students on which the district's or school's | ||
| entitlement to compensatory education funds was based for the | ||
| school year before the school year in which the district or school | ||
| received the waiver, adjusted for estimated enrollment growth. | ||
| (c) A school district or open-enrollment charter school is | ||
| not entitled to an allotment under Subsection (a) beginning with | ||
| the 2024-2025 school year. | ||
| (d) This section expires September 1, 2025. | ||
| Sec. 48.278. EQUALIZED WEALTH TRANSITION GRANT. (a) | ||
| Subject to Subsection (b), a school district is entitled to receive | ||
| an annual allotment in an amount equal to the amount of additional | ||
| revenue a school district received for the 2018-2019 school year | ||
| under former Sections 41.002(e) through (g), as those sections | ||
| existed on January 1, 2019. | ||
| (b) For purposes of calculating a district's allotment | ||
| under Subsection (a), the commissioner shall reduce the amount to | ||
| which a district is entitled under Subsection (a) by: | ||
| (1) for the 2020-2021 school year, 20 percent; | ||
| (2) for the 2021-2022 school year, 40 percent; | ||
| (3) for the 2022-2023 school year, 60 percent; and | ||
| (4) for the 2023-2024 school year, 80 percent. | ||
| (c) This section expires September 1, 2024. | ||
| Sec. 48.279. MAINTENANCE OF STATE FINANCIAL SUPPORT FOR | ||
| SPECIAL EDUCATION. (a) Funds appropriated for purposes of this | ||
| section or transferred in accordance with this section are state | ||
| funds for purposes of compliance with the requirements regarding | ||
| maintenance of state financial support for special education under | ||
| 20 U.S.C. Section 1412(a)(18). The commissioner shall identify the | ||
| amount of funding described by this subsection and separate that | ||
| amount from other funding provided under this chapter. | ||
| (b) If the commissioner determines that the total amount of | ||
| funding for special education for a school year that ends during the | ||
| first state fiscal year of a state fiscal biennium is less than the | ||
| amount required to comply with requirements regarding maintenance | ||
| of state financial support under 20 U.S.C. Section 1412(a)(18), the | ||
| commissioner shall use funds appropriated for the Foundation School | ||
| Program for the second state fiscal year of that biennium to | ||
| increase funding for special education for the first state fiscal | ||
| year of that biennium in an amount necessary to ensure compliance | ||
| with that provision. | ||
| (c) If the commissioner determines that the total amount of | ||
| funding for special education for a school year that ends during the | ||
| second state fiscal year of a state fiscal biennium is less than the | ||
| amount required to comply with requirements regarding maintenance | ||
| of state financial support under 20 U.S.C. Section 1412(a)(18), the | ||
| commissioner shall submit to the legislature an estimate of the | ||
| amount of funding needed to comply with that provision for that | ||
| state fiscal year. | ||
| (d) If federal funds are withheld for a school year due to | ||
| noncompliance with requirements regarding maintenance of state | ||
| financial support under 20 U.S.C. Section 1412(a)(18), the | ||
| commissioner shall use for that school year an amount of funds | ||
| described by Subsection (a) equal to the amount of withheld funds in | ||
| the same manner and for the same purposes as the withheld funds | ||
| would have been provided. | ||
| (e) After the commissioner has replaced any withheld | ||
| federal funds as provided by Subsection (d), the commissioner shall | ||
| distribute the remaining amount, if any, of funds described by | ||
| Subsection (a) to proportionately increase funding for the special | ||
| education allotment under Section 48.102. | ||
| (f) In complying with Subsection (d), the commissioner may | ||
| implement any program necessary to ensure the use of funds in | ||
| accordance with that subsection. | ||
| Sec. 48.280. CLASSROOM TEACHER AND LIBRARIAN ALLOTMENT. | ||
| (a) In this section: | ||
| (1) "A" is the classroom teacher and librarian | ||
| allotment to which a district is entitled under Subsection (b); | ||
| (2) "E" is the total number of classroom teachers and | ||
| full-time librarians employed by the district in the 2018-2019 | ||
| school year; | ||
| (3) "CYADA" is the number of students in average daily | ||
| attendance in the district for the current school year; and | ||
| (4) "BYADA" is the number of students in average daily | ||
| attendance in the district for the 2018-2019 school year. | ||
| (b) Except as provided by Subsection (c), a school district | ||
| is entitled to receive an annual allotment in an amount equal to the | ||
| lesser of: | ||
| (1) A = (($5,000 X E X 1.108)/BYADA) X CYADA; or | ||
| (2) A = $5,000 X E X 1.108. | ||
| (c) For a school district or open-enrollment charter school | ||
| that provided social security coverage, as defined by Section | ||
| 606.001, Government Code, for district or school employees for whom | ||
| the district or school receives funding under this section before | ||
| January 1, 2019, each reference to a value of 1.108 under Subsection | ||
| (b) is replaced with the value of 1.17. | ||
| (d) A school district or open-enrollment charter school | ||
| shall use the amount received under this section for classroom | ||
| teacher and full-time librarian salaries and benefits. | ||
| SECTION 1.042. Chapter 48, Education Code, as added by this | ||
| Act, is amended by adding Subchapter G, and a heading is added to | ||
| that subchapter to read as follows: | ||
| SUBCHAPTER G. MISCELLANEOUS PROVISIONS | ||
| SECTION 1.043. Section 42.4101, Education Code, is | ||
| transferred to Subchapter G, Chapter 48, Education Code, as added | ||
| by this Act, redesignated as Section 48.301, Education Code, and | ||
| amended to read as follows: | ||
| Sec. 48.301 [ |
||
| DISTRICTS WITH STUDENTS USING PUBLIC EDUCATION GRANTS. (a) A | ||
| district is entitled to additional assistance under this section as | ||
| provided by Section 29.203(c). | ||
| (b) The amount of additional assistance under this section | ||
| is computed by subtracting the number of students residing in the | ||
| district and using public education grants to attend school in | ||
| another district for the year in which the assistance is granted | ||
| from the number of students using public education grants to attend | ||
| school in the district for that year and multiplying the difference | ||
| by $266. | ||
| [ |
||
|
|
||
|
|
||
|
|
||
| SECTION 1.044. Subtitle I, Title 2, Education Code, is | ||
| amended by adding Chapter 49, and a heading is added to that chapter | ||
| to read as follows: | ||
| CHAPTER 49. OPTIONS FOR LOCAL REVENUE LEVELS IN EXCESS OF | ||
| ENTITLEMENT | ||
| SECTION 1.045. Chapter 49, Education Code, as added by this | ||
| Act, is amended by adding Subchapter A, and a heading is added to | ||
| that subchapter to read as follows: | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| SECTION 1.046. Sections 41.001, 41.003, 41.0031, 41.004, | ||
| 41.005, 41.006, 41.007, 41.008, 41.009, 41.010, 41.011, 41.012, and | ||
| 41.013, Education Code, are transferred to Subchapter A, Chapter | ||
| 49, Education Code, as added by this Act, redesignated as Sections | ||
| 49.001, 49.002, 49.003, 49.004, 49.005, 49.006, 49.007, 49.008, | ||
| 49.009, 49.010, 49.011, 49.012, and 49.013, Education Code, and | ||
| amended to read as follows: | ||
| Sec. 49.001 [ |
||
| (1) "Local revenue [ |
||
| of entitlement" means local revenue levels that exceed the levels | ||
| [ |
||
| (2) [ |
||
|
|
||
|
|
||
|
|
||
| [ |
||
| meaning assigned by Section 48.202 [ |
||
| Sec. 49.002 [ |
||
| [ |
||
| level in excess of entitlement [ |
||
|
|
||
| actions to reduce the district's revenue level [ |
||
|
|
||
| (1) consolidation with another district as provided by | ||
| Subchapter B; | ||
| (2) detachment of territory as provided by Subchapter | ||
| C; | ||
| (3) purchase of average daily attendance credit as | ||
| provided by Subchapter D; | ||
| (4) education of nonresident students as provided by | ||
| Subchapter E; or | ||
| (5) tax base consolidation with another district as | ||
| provided by Subchapter F. | ||
| Sec. 49.003 [ |
||
| [ |
||
| In determining whether a school district has a local revenue | ||
| [ |
||
| level in excess of entitlement, the commissioner shall use: | ||
| (1) the district's final weighted average daily | ||
| attendance; and | ||
| (2) the amount [ |
||
| a district purchases under Subchapter D or the number of | ||
| nonresident students a district educates under Subchapter E for a | ||
| school year. | ||
| Sec. 49.004 [ |
||
| [ |
||
| the estimate of enrollment and taxable property value under Section | ||
| 48.269 [ |
||
| level [ |
||
| shall notify: | ||
| (1) each district with a local revenue level in excess | ||
| of entitlement [ |
||
|
|
||
| (2) each district to which the commissioner proposes | ||
| to annex property detached from a district notified under | ||
| Subdivision (1), if necessary, under Subchapter G; and | ||
| (3) each district to which the commissioner proposes | ||
| to consolidate a district notified under Subdivision (1), if | ||
| necessary, under Subchapter H. | ||
| (b) If, before the dates provided by this subsection, a | ||
| district notified under Subsection (a)(1) has not successfully | ||
| exercised one or more options under Section 49.002 [ |
||
| reduce the district's local revenue level [ |
||
| level equal to or less than the [ |
||
| established under Section 48.257, the commissioner shall order the | ||
| detachment of property from that district as provided by Subchapter | ||
| G. If that detachment will not reduce the district's local revenue | ||
| level [ |
||
| [ |
||
| commissioner may not detach property under Subchapter G but shall | ||
| order the consolidation of the district with one or more other | ||
| districts as provided by Subchapter H. An agreement under Section | ||
| 49.002(1) [ |
||
| September 1 immediately following the notice under Subsection (a). | ||
| An election for an option under Section 49.002(3) [ |
||
| or (5) must be ordered before September 1 immediately following the | ||
| notice under Subsection (a). | ||
| (c) A district notified under Subsection (a) may not adopt a | ||
| tax rate for the tax year in which the district receives the notice | ||
| until the commissioner certifies that the district has reduced the | ||
| district's local revenue level in excess of entitlement to the | ||
| [ |
||
| 48.257. | ||
| (d) A detachment and annexation or consolidation under this | ||
| chapter: | ||
| (1) is effective for Foundation School Program funding | ||
| purposes for the school year that begins in the calendar year in | ||
| which the detachment and annexation or consolidation is agreed to | ||
| or ordered; and | ||
| (2) applies to the ad valorem taxation of property | ||
| beginning with the tax year in which the agreement or order is | ||
| effective. | ||
| Sec. 49.005 [ |
||
| COOPERATION. The chief appraiser of each appraisal district and | ||
| the comptroller shall cooperate with the commissioner and school | ||
| districts in implementing this chapter. | ||
| Sec. 49.006 [ |
||
| adopt rules necessary for the implementation of this chapter. The | ||
| rules may provide for the commissioner to make necessary | ||
| adjustments to the provisions of Chapter 48 [ |
||
| providing for the commissioner to make an adjustment in the funding | ||
| element established by Section 48.202 [ |
||
| date practicable, to the amount the commissioner believes, taking | ||
| into consideration options exercised by school districts under this | ||
| chapter and estimates of student enrollments, will match | ||
| appropriation levels. | ||
| (b) As necessary for the effective and efficient | ||
| administration of this chapter, the commissioner may modify | ||
| effective dates and time periods for actions described by this | ||
| chapter. | ||
| Sec. 49.007 [ |
||
| BOUNDARY CHANGES. A school district that is involved in an action | ||
| under this chapter that results in boundary changes to the district | ||
| or in the consolidation of tax bases is subject to consolidation, | ||
| detachment, or annexation under Chapter 13 only if the commissioner | ||
| certifies that the change under Chapter 13 will not result in a | ||
| district with a local revenue [ |
||
|
|
||
| Sec. 49.008 [ |
||
| governing board of a school district that results from | ||
| consolidation under this chapter, including a consolidated taxing | ||
| district under Subchapter F, for the tax year in which the | ||
| consolidation occurs may determine whether to adopt a homestead | ||
| exemption provided by Section 11.13, Tax Code, and may set the | ||
| amount of the exemption, if adopted, at any time before the school | ||
| district adopts a tax rate for that tax year. This section applies | ||
| only to an exemption that the governing board of a school district | ||
| is authorized to adopt or change in amount under Section 11.13, Tax | ||
| Code. | ||
| (b) This section prevails over any inconsistent provision | ||
| of Section 11.13, Tax Code, or other law. | ||
| Sec. 49.009 [ |
||
| agreement executed by a school district that is involved in | ||
| consolidation or in detachment and annexation of territory under | ||
| this chapter is not affected and applies to the taxation of the | ||
| property covered by the agreement as if executed by the district | ||
| within which the property is included. | ||
| (b) The commissioner shall determine the local revenue | ||
| [ |
||
| any tax abatement agreement executed by a school district on or | ||
| after May 31, 1993, had not been executed. | ||
| Sec. 49.010 [ |
||
| payment of tax increments under Chapter 311, Tax Code, is not | ||
| affected by the consolidation of territory or tax bases or by | ||
| annexation under this chapter. In each tax year a school district | ||
| paying a tax increment from taxes on property over which the | ||
| district has assumed taxing power is entitled to retain the same | ||
| percentage of the tax increment from that property that the | ||
| district in which the property was located before the consolidation | ||
| or annexation could have retained for the respective tax year. | ||
| Sec. 49.011 [ |
||
| options described by Section 49.002 [ |
||
| district are held invalid by a final decision of a court of | ||
| competent jurisdiction, a school district is entitled to exercise | ||
| any of the remaining valid options in accordance with a schedule | ||
| approved by the commissioner. | ||
| (b) If a final order of a court of competent jurisdiction | ||
| should hold each of the options provided by Section 49.002 [ |
||
| invalid, the commissioner shall act under Subchapter G or H to | ||
| reduce the local revenue [ |
||
| excess of entitlement only after notice and hearing is afforded to | ||
| each school district affected by the order. The commissioner shall | ||
| adopt a plan that least disrupts the affected school districts. If | ||
| because the exigency to adopt a plan prevents the commissioner from | ||
| giving a reasonable time for notice and hearing, the commissioner | ||
| shall timely give notice to and hold a hearing for the affected | ||
| school districts, but in no event less than 30 days from time of | ||
| notice to the date of hearing. | ||
| (c) If a final order of a court of competent jurisdiction | ||
| should hold an option provided by Section 49.002 [ |
||
| and order a refund to a district of any amounts paid by a district | ||
| choosing that option, the amount shall be refunded but held in | ||
| reserve and not expended by the district until released by order of | ||
| the commissioner. The commissioner shall order the release | ||
| immediately on the commissioner's determination that, through one | ||
| of the means provided by law, the district has reduced the | ||
| district's local revenue level in excess of entitlement to the | ||
| [ |
||
| 48.257. The amount released shall be deducted from any state aid | ||
| payable to the district according to a schedule adopted by the | ||
| commissioner. | ||
| Sec. 49.012 [ |
||
| this chapter for voter approval of an agreement entered by the board | ||
| of trustees shall be held on a Tuesday or Saturday not more than 45 | ||
| days after the date of the agreement. Section 41.001, Election | ||
| Code, does not apply to the election. | ||
| Sec. 49.013 [ |
||
| by Subchapter G, a decision of the commissioner under this chapter | ||
| is appealable under Section 7.057. | ||
| (b) Any order of the commissioner issued under this chapter | ||
| shall be given immediate effect and may not be stayed or enjoined | ||
| pending any appeal. | ||
| (c) Chapter 2001, Government Code, does not apply to a | ||
| decision of the commissioner under this chapter. | ||
| (d) On the request of the commissioner, the secretary of | ||
| state shall publish any rules adopted under this chapter in the | ||
| Texas Register and the Texas Administrative Code. | ||
| SECTION 1.047. Subchapter B, Chapter 41, Education Code, is | ||
| transferred to Chapter 49, Education Code, as added by this Act, | ||
| redesignated as Subchapter B, Chapter 49, Education Code, and | ||
| amended to read as follows: | ||
| SUBCHAPTER B. CONSOLIDATION BY AGREEMENT | ||
| Sec. 49.051 [ |
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| any two or more school districts may consolidate the districts by | ||
| agreement in accordance with this subchapter to establish a | ||
| consolidated district with a local revenue level [ |
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|
|
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| established under Section 48.257. The agreement is not effective | ||
| unless the commissioner certifies that the consolidated district, | ||
| as a result of actions taken under this chapter, will have a local | ||
| revenue level [ |
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| [ |
||
| Sec. 49.052 [ |
||
| modified by the terms of the agreement, the consolidated district | ||
| is governed by the applicable provisions of Subchapter D, Chapter | ||
| 13, other than a provision requiring consolidating districts to be | ||
| contiguous. The agreement may not be inconsistent with the | ||
| requirements of this subchapter. | ||
| Sec. 49.053 [ |
||
| among the consolidating districts may include a governance plan | ||
| designed to preserve community-based and site-based decision | ||
| making within the consolidated district, including the delegation | ||
| of specific powers of the governing board of the district other than | ||
| the power to levy taxes, including a provision authorized by | ||
| Section 13.158(b). | ||
| (b) The governance plan may provide for a transitional board | ||
| of trustees during the first year after consolidation, but | ||
| beginning with the next year the board of trustees must be elected | ||
| from within the boundaries of the consolidated district. If the | ||
| consolidating districts elect trustees from single-member | ||
| districts, the consolidated district must adopt a plan to elect its | ||
| board of trustees from single-member districts. | ||
| Sec. 49.054 [ |
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| second school years after creation of a consolidated district under | ||
| this subchapter, the commissioner shall adjust allotments to the | ||
| consolidated district to the extent necessary to preserve the | ||
| effects of an adjustment under Section 48.052 [ |
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| been entitled but for the consolidation. | ||
| (b) Except as provided by Subsection (c), a district | ||
| receiving incentive aid payments under this section is not entitled | ||
| to incentive aid under Subchapter G, Chapter 13. | ||
| (c) Four or more districts that consolidate into one | ||
| district under this subchapter within a period of one year may elect | ||
| to receive incentive aid under this section or to receive incentive | ||
| aid for not more than five years under Subchapter G, Chapter 13. | ||
| Incentive aid under this subsection may not provide the | ||
| consolidated district with more revenue in state and local funds | ||
| than the district would receive at the [ |
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| established under Section 48.257. | ||
| SECTION 1.048. Subchapter C, Chapter 41, Education Code, is | ||
| transferred to Chapter 49, Education Code, as added by this Act, | ||
| redesignated as Subchapter C, Chapter 49, Education Code, and | ||
| amended to read as follows: | ||
| SUBCHAPTER C. DETACHMENT AND ANNEXATION BY AGREEMENT | ||
| Sec. 49.101 [ |
||
| governing boards of two school districts, territory may be detached | ||
| from one of the districts and annexed to the other district if, | ||
| after the action: | ||
| (1) the local revenue level [ |
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| the district from which territory is detached is equal to or less | ||
| than the [ |
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| and | ||
| (2) the local revenue level [ |
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| the district to which territory is annexed is not greater than the | ||
| dollar amount guaranteed level of [ |
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| [ |
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|
|
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| (b) The agreement is not effective unless the commissioner | ||
| certifies that, after all actions taken under this chapter, the | ||
| local revenue level [ |
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| will be equal to or less than the applicable level permitted by | ||
| Subsection (a). | ||
| Sec. 49.102 [ |
||
| of any conflict with this chapter and except for any requirement | ||
| that detached property must be annexed to a school district that is | ||
| contiguous to the detached territory, the annexation and detachment | ||
| is governed by Chapter 13. | ||
| Sec. 49.103 [ |
||
| DIVIDED UNIT. If portions of a parcel or other item of property are | ||
| located in different school districts as a result of a detachment | ||
| and annexation under this subchapter, the parcel or other item of | ||
| property shall be appraised for taxation as a unit, and the | ||
| agreement shall allocate the taxable value of the property between | ||
| the districts. | ||
| Sec. 49.104 [ |
||
| annexation agreement may allocate to the receiving district any | ||
| portion of the indebtedness of the district from which the | ||
| territory is detached, and the receiving district assumes and is | ||
| liable for the allocated indebtedness. | ||
| Sec. 49.105 [ |
||
| the agreement is executed, the districts involved shall notify each | ||
| affected property owner and the appraisal district in which the | ||
| affected property is located. | ||
| SECTION 1.049. Chapter 49, Education Code, as added by this | ||
| Act, is amended by adding Subchapter D, and a heading is added to | ||
| that subchapter to read as follows: | ||
| SUBCHAPTER D. PURCHASE OF ATTENDANCE CREDIT | ||
| SECTION 1.050. Sections 41.091, 41.092, 41.093, 41.094, | ||
| 41.095, 41.096, 41.097, and 41.099, Education Code, are transferred | ||
| to Subchapter D, Chapter 49, Education Code, as added by this Act, | ||
| redesignated as Sections 49.151, 49.152, 49.153, 49.154, 49.155, | ||
| 49.156, 49.157, and 49.158, Education Code, and amended to read as | ||
| follows: | ||
| Sec. 49.151 [ |
||
| local revenue [ |
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|
|
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| with the commissioner to purchase attendance credit [ |
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| amount sufficient, in combination with any other actions taken | ||
| under this chapter, to reduce the district's local revenue level | ||
| [ |
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| [ |
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| Sec. 49.152 [ |
||
| credit purchased decreases the dollar amount of a district's local | ||
| revenue level[ |
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|
|
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|
|
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| district exceeds the [ |
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| Section 48.257. | ||
| [ |
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|
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|
|
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| Sec. 49.153 [ |
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|
|
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| [ |
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| [ |
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| operations tax revenue that exceeds the level established under | ||
| Section 48.257 [ |
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|
|
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| [ |
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|
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|
|
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|
|
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| (b) For purposes of this section, a school district's | ||
| maintenance and operations tax revenue does not include any amounts | ||
| paid into a tax increment fund under Chapter 311, Tax Code. | ||
| [ |
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| (c) The cost of [ |
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| is computed using the final tax collections of the district. | ||
| Sec. 49.154 [ |
||
| shall pay for credit [ |
||
| as determined by the commissioner beginning February 15 and ending | ||
| August 15 of the school year for which the agreement is in effect. | ||
| (b) Receipts shall be deposited in the state treasury and | ||
| may be used only for foundation school program purposes. | ||
| Sec. 49.155 [ |
||
| section is valid for one school year and, subject to Section 49.156 | ||
| [ |
||
| Sec. 49.156 [ |
||
| executing an agreement under this section, the board of trustees | ||
| shall order and conduct an election, in the manner provided by | ||
| Sections 13.003(d)-(g), to obtain voter approval of the agreement. | ||
| (b) The ballot shall be printed to permit voting for or | ||
| against the proposition: "Authorizing the board of trustees of | ||
| ________ School District to purchase attendance credit [ |
||
| from the state with local tax revenues." | ||
| (c) The proposition is approved if the proposition receives | ||
| a favorable vote of a majority of the votes cast. If the | ||
| proposition is approved, the agreement executed by the board is | ||
| ratified, and the board has continuing authority to execute | ||
| agreements under this subchapter on behalf of the district without | ||
| further voter approval. | ||
| Sec. 49.157 [ |
||
| The total amount required under Section 49.153 [ |
||
| district to purchase attendance credit [ |
||
| subchapter for any school year is reduced by an amount equal to the | ||
| product of the district's total costs under Section 6.06, Tax Code, | ||
| for the appraisal district or districts in which it participates | ||
| multiplied by a percentage that is computed by dividing the total | ||
| amount required under Section 49.153 [ |
||
| of taxes imposed in the district for that year less any amounts paid | ||
| into a tax increment fund under Chapter 311, Tax Code. | ||
| [ |
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| Sec. 49.158 [ |
||
| 49.157 [ |
||
| district that: | ||
| (1) executes an agreement to purchase [ |
||
| credit [ |
||
| [ |
||
| established under Section 48.257; | ||
| (2) executes an agreement to purchase attendance | ||
| credit [ |
||
| 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 local revenue [ |
||
| required for the district to achieve a local revenue level [ |
||
|
|
||
| level established under Section 48.257; 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. | ||
| (b) A district that executes an agreement under Subsection | ||
| (a)(3) must pay full market value for any good or service the | ||
| district obtains through the consortium. | ||
| SECTION 1.051. Chapter 49, Education Code, as added by this | ||
| Act, is amended by adding Subchapter E, and a heading is added to | ||
| that subchapter to read as follows: | ||
| SUBCHAPTER E. EDUCATION OF NONRESIDENT STUDENTS | ||
| SECTION 1.052. Sections 41.121, 41.122, and 41.123, | ||
| Education Code, are transferred to Subchapter E, Chapter 49, | ||
| Education Code, as added by this Act, redesignated as Sections | ||
| 49.201, 49.202, and 49.203, Education Code, and amended to read as | ||
| follows: | ||
| Sec. 49.201 [ |
||
| trustees of a district with a local revenue [ |
||
|
|
||
| execute an agreement to educate the students of another district in | ||
| a number that, when the weighted average daily attendance of the | ||
| students served is added to the weighted average daily attendance | ||
| of the contracting district, is sufficient, in combination with any | ||
| other actions taken under this chapter, to reduce the district's | ||
| local revenue level [ |
||
| or less than the [ |
||
| 48.257. The agreement is not effective unless the commissioner | ||
| certifies that the transfer of weighted average daily attendance | ||
| will not result in any of the contracting districts' local revenue | ||
| level [ |
||
|
|
||
| agreement requires an expenditure per student in weighted average | ||
| daily attendance that is at least equal to the amount per student in | ||
| weighted average daily attendance required under Section 49.153 | ||
| [ |
||
| Sec. 49.202 [ |
||
| executing an agreement under this subchapter other than an | ||
| agreement under Section 49.205 [ |
||
| the district that will be educating nonresident students shall | ||
| order and conduct an election, in the manner provided by Sections | ||
| 13.003(d)-(g), to obtain voter approval of the agreement. | ||
| (b) The ballot shall be printed to permit voting for or | ||
| against the proposition: "Authorizing the board of trustees of | ||
| ________ School District to educate students of other school | ||
| districts with local tax revenues." | ||
| (c) The proposition is approved if the proposition receives | ||
| a favorable vote of a majority of the votes cast. If the | ||
| proposition is approved, the agreement executed by the board is | ||
| ratified, and the board has continuing authority to execute | ||
| agreements under this subchapter on behalf of the district without | ||
| further voter approval. | ||
| Sec. 49.203 [ |
||
| 48 [ |
||
| are counted only in the weighted average daily attendance of the | ||
| district providing the services, except that students served under | ||
| an agreement authorized by Section 49.205 [ |
||
| manner determined by the commissioner. | ||
| SECTION 1.053. Section 41.124, Education Code, as amended | ||
| by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the 85th | ||
| Legislature, Regular Session, 2017, is transferred to Subchapter E, | ||
| Chapter 49, Education Code, as added by this Act, redesignated as | ||
| Section 49.204, Education Code, and reenacted and amended to read | ||
| as follows: | ||
| Sec. 49.204 [ |
||
| trustees of a school district with a local revenue [ |
||
|
|
||
| entitlement may reduce the district's local revenue level [ |
||
|
|
||
| district and are educated by the district but who are not charged | ||
| tuition. A district that exercises the option under this | ||
| subsection is not required to execute an agreement with the school | ||
| district in which a transferring student resides and must certify | ||
| to the commissioner that the district has not charged or received | ||
| tuition for the transferring students. | ||
| (b) [ |
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|
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|
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|
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|
|
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|
|
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|
|
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| [ |
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| from a school district with a local revenue [ |
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|
|
||
| not claim attendance for that student for purposes of Chapters [ |
||
|
|
||
| allotment under Section 31.0211. | ||
| SECTION 1.054. Section 41.125, Education Code, is | ||
| transferred to Subchapter E, Chapter 49, Education Code, as added | ||
| by this Act, redesignated as Section 49.205, Education Code, and | ||
| amended to read as follows: | ||
| Sec. 49.205 [ |
||
| PROGRAMS. (a) The board of trustees of a school district with a | ||
| local revenue [ |
||
|
|
||
| local revenue level [ |
||
| to provide students of one or more other districts with career and | ||
| technology education through a program designated as an area | ||
| program for career and technology education. | ||
| (b) The agreement is not effective unless the commissioner | ||
| certifies that: | ||
| (1) implementation of the agreement will not result in | ||
| any of the affected districts' local revenue level [ |
||
|
|
||
| established under Section 48.257; and | ||
| (2) the agreement requires the district with a local | ||
| revenue [ |
||
| level in excess of entitlement to make expenditures benefiting | ||
| students from other districts in an amount at least equal to the | ||
| amount that would be required for the district to purchase [ |
||
|
|
||
| necessary, in combination with any other actions taken under this | ||
| chapter other than an action under this section, to reduce the | ||
| district's local revenue level [ |
||
| is equal to or less than the [ |
||
| under Section 48.257. | ||
| SECTION 1.055. Subchapter F, Chapter 41, Education Code, is | ||
| transferred to Chapter 49, Education Code, as added by this Act, | ||
| redesignated as Subchapter F, Chapter 49, Education Code, and | ||
| amended to read as follows: | ||
| SUBCHAPTER F. TAX BASE CONSOLIDATION | ||
| Sec. 49.251 [ |
||
| two or more school districts may execute an agreement to conduct an | ||
| election on the creation of a consolidated taxing district for the | ||
| maintenance and operation of the component school districts. The | ||
| agreement is subject to approval by the commissioner. The | ||
| agreement is not effective unless the commissioner certifies that | ||
| the consolidated taxing district will have a local revenue level | ||
| [ |
||
| level established under Section 48.257 after all actions taken | ||
| under this chapter. | ||
| Sec. 49.252 [ |
||
| under this subchapter must provide for the ordering of an election | ||
| to be held on the same date in each district. | ||
| Sec. 49.253 [ |
||
| be printed to permit voting for or against the proposition: | ||
| "Creation of a consolidated taxing district composed of the | ||
| territory of _________________________ school districts, and | ||
| authorizing the levy, assessment, and collection of annual ad | ||
| valorem taxes for the maintenance of the public free schools within | ||
| that taxing district at a rate not to exceed $_________ on the $100 | ||
| valuation of taxable property." | ||
| (b) The rate to be included in the proposition shall be | ||
| provided by the agreement among the districts but may not exceed the | ||
| maximum rate provided by law for independent school districts. | ||
| Sec. 49.254 [ |
||
| approved only if the proposition receives a favorable vote of the | ||
| majority of the votes cast within each participating school | ||
| district. | ||
| Sec. 49.255 [ |
||
| consolidated taxing district is a school district established for | ||
| the limited purpose of exercising the taxing power authorized by | ||
| Section 3, Article VII, Texas Constitution, and distributing the | ||
| revenue to its component school districts. | ||
| Sec. 49.256 [ |
||
| taxing district is governed by the boards of the component school | ||
| districts acting jointly. | ||
| (b) Any action taken by the joint board must receive a | ||
| favorable vote of a majority of each component district's board of | ||
| trustees. | ||
| Sec. 49.257 [ |
||
| board shall levy a maintenance tax for the benefit of the component | ||
| school districts not later than September 1 of each year or as soon | ||
| thereafter as practicable. | ||
| (b) Each component district shall bear a share of the costs | ||
| of assessing and collecting taxes in proportion to the component | ||
| district's share of weighted average daily attendance in the | ||
| consolidated taxing district. | ||
| (c) A component district may not levy an ad valorem tax for | ||
| the maintenance and operation of the schools. | ||
| (d) Notwithstanding Section 45.003, the consolidated taxing | ||
| district may levy, assess, and collect a maintenance tax for the | ||
| benefit of the component districts at a rate that exceeds $1.50 per | ||
| $100 valuation of taxable property to the extent necessary to pay | ||
| contracted obligations on the lease purchase of permanent | ||
| improvements to real property entered into on or before May 12, | ||
| 1993. The proposition to impose taxes at the necessary rate must be | ||
| submitted to the voters in the manner provided by Section 45.003. | ||
| Sec. 49.258 [ |
||
| consolidated taxing district shall distribute maintenance tax | ||
| revenue to the component districts on the basis of the number of | ||
| students in weighted average daily attendance in the component | ||
| districts. | ||
| Sec. 49.259 [ |
||
| The governing board of a component school district of a | ||
| consolidated taxing district that has consolidated for maintenance | ||
| and operation purposes only may issue bonds and levy, pledge, and | ||
| collect ad valorem taxes within that component district sufficient | ||
| to pay the principal of and interest on those bonds as provided by | ||
| Chapter 45. | ||
| (b) A component district levying an ad valorem tax under | ||
| this section or Section 49.260(b)(1) [ |
||
| the guaranteed yield provided by Subchapter E [ |
||
| for that portion of its tax rate that, when added to the maintenance | ||
| tax levied by the consolidated taxing unit, does not exceed the | ||
| limitation provided by Section 48.203 [ |
||
| Sec. 49.260 [ |
||
| CONSOLIDATION. (a) An agreement executed under Section 49.251 | ||
| [ |
||
| consolidation for maintenance and operation purposes only. | ||
| (b) Under an agreement providing for total tax base | ||
| consolidation: | ||
| (1) the component districts may not levy maintenance | ||
| or bond taxes, except to the extent necessary to retire bonds and | ||
| other obligations issued before the effective date of the | ||
| consolidation; | ||
| (2) the joint board may issue bonds and levy, pledge, | ||
| and collect ad valorem taxes sufficient to pay the principal of and | ||
| interest on those bonds, and issue refunding bonds, as provided by | ||
| Chapter 45 for independent school districts; and | ||
| (3) to the end of the ballot proposition required | ||
| under Section 49.253(a) [ |
||
| to create a consolidated tax base for the repayment of all bonded | ||
| indebtedness issued by the joint board of the taxing district after | ||
| the effective date of the consolidation and to authorize the joint | ||
| board to levy, pledge, and collect ad valorem taxes at a rate | ||
| sufficient to pay the principal of and interest on those bonds." | ||
| (c) Under an agreement providing for total tax base | ||
| consolidation: | ||
| (1) the component districts may provide for the | ||
| consolidated taxing district to assume all of the indebtedness of | ||
| all component districts; and | ||
| (2) to the end of the ballot proposition required by | ||
| Section 49.253(a) [ |
||
| create a consolidated tax base for the repayment of all bonded | ||
| indebtedness issued by the joint board of the taxing district or | ||
| previously issued by the component school districts and to | ||
| authorize the joint board to levy, pledge, and collect ad valorem | ||
| taxes at a rate sufficient to pay the principal of and interest on | ||
| those bonds." | ||
| SECTION 1.056. Subchapter G, Chapter 41, Education Code, is | ||
| transferred to Chapter 49, Education Code, as added by this Act, | ||
| redesignated as Subchapter G, Chapter 49, Education Code, and | ||
| amended to read as follows: | ||
| SUBCHAPTER G. DETACHMENT AND ANNEXATION BY COMMISSIONER | ||
| Sec. 49.301 [ |
||
| "mineral property" means a real property mineral interest that has | ||
| been severed from the surface estate by a mineral lease creating a | ||
| determinable fee or by a conveyance that creates an interest | ||
| taxable separately from the surface estate. A mineral property | ||
| includes each royalty interest, working interest, or other | ||
| undivided interest in the mineral property. | ||
| Sec. 49.302 [ |
||
| For purposes of this subchapter, the taxable value of an individual | ||
| parcel or other item of property and the total taxable value of | ||
| property in a school district resulting from the detachment of | ||
| property from or annexation of property to that district is | ||
| determined by applying the appraisal ratio for the appropriate | ||
| category of property determined under Subchapter M, Chapter 403, | ||
| Government Code, for the preceding tax year to the taxable value of | ||
| the detached or annexed property determined under Title 1, Tax | ||
| Code, for the preceding tax year. | ||
| (b) For purposes of this subchapter, the taxable value of | ||
| all or a portion of a parcel or item of real property includes the | ||
| taxable value of personal property having taxable situs at the same | ||
| location as the real property. | ||
| Sec. 49.303 [ |
||
| ANNEXATION. (a) Only the following property may be detached and | ||
| annexed under this subchapter: | ||
| (1) a mineral property; | ||
| (2) real property used in the operation of a public | ||
| utility, including a pipeline, pipeline gathering system, or | ||
| railroad or other rail system; and | ||
| (3) real property used primarily for industrial or | ||
| other commercial purposes, other than property used primarily for | ||
| agriculture or for residential purposes. | ||
| (b) If a final judgment of a court determines that a mineral | ||
| interest may not be annexed and detached as provided by this | ||
| subchapter without an attendant annexation and detachment of the | ||
| surface estate or any other interest in the same land, the | ||
| detachment and annexation of a mineral interest under this | ||
| subchapter includes the surface estate and each other interest in | ||
| the land covered by the mineral interest. | ||
| Sec. 49.304 [ |
||
| Personal property having a taxable situs at the same location as | ||
| real property detached and annexed under this subchapter is taxable | ||
| by the school district to which the real property is annexed. | ||
| Sec. 49.305 [ |
||
| commissioner shall detach property under this section from each | ||
| school district from which the commissioner is required under | ||
| Section 49.004 [ |
||
| (b) The commissioner shall detach from each school district | ||
| covered by Subsection (a) one or more whole parcels or items of | ||
| property in descending order of the taxable value of each parcel or | ||
| item, beginning with the parcel or item having the greatest taxable | ||
| value, until the school district's local revenue level [ |
||
|
|
||
| established under Section 48.257, except as otherwise provided by | ||
| Subsection (c). | ||
| (c) If the detachment of whole parcels or items of property | ||
| [ |
||
| revenue level [ |
||
|
|
||
| product of $10,000 multiplied by weighted average daily attendance, | ||
| the commissioner may not detach the last parcel or item of property | ||
| and shall detach the next one or more parcels or items of property | ||
| in descending order of taxable value that would result in the school | ||
| district having a local revenue level [ |
||
| equal to or less than the [ |
||
| under Section 48.257 by not more than the product of $10,000 | ||
| multiplied by weighted average daily attendance. | ||
| (d) Notwithstanding Subsections (a), (b), and (c), the | ||
| commissioner may detach only a portion of a parcel or item of | ||
| property if: | ||
| (1) it is not possible under this subchapter to reduce | ||
| the district's local revenue level [ |
||
| that is equal to or less than the [ |
||
| established under Section 48.257 [ |
||
| all of the parcel or item of property is detached and the detachment | ||
| of the whole parcel or item would result in the district from which | ||
| it is detached having a local revenue level [ |
||
| that is less than the [ |
||
| Section 48.257 by more than the product of $10,000 multiplied by | ||
| weighted average daily attendance; or | ||
| (2) the commissioner determines that a partial | ||
| detachment of that parcel or item of property is preferable to the | ||
| detachment of one or more other parcels or items having a lower | ||
| taxable value in order to minimize the number of parcels or items of | ||
| property to be detached consistent with the purposes of this | ||
| chapter. | ||
| Sec. 49.306 [ |
||
| commissioner shall annex property detached under Section 49.305 | ||
| [ |
||
| with this section. A school district is eligible for annexation of | ||
| property to it under this subchapter only if, before any | ||
| detachments or annexations are made in a year, the district's | ||
| taxable value of property does not exceed the value necessary to | ||
| generate maintenance and operations tax revenue in the amount equal | ||
| to the district's entitlement under Section 48.202(a-1)(2) [ |
||
|
|
||
|
|
||
| (b) Property may be annexed to a school district without | ||
| regard to whether the property is contiguous to other property in | ||
| that district. | ||
| (c) The commissioner shall annex property detached from | ||
| school districts beginning with the property detached from the | ||
| school district with the greatest local revenue level in excess of | ||
| entitlement [ |
||
| with the property detached from each other school district in | ||
| descending order of the district's local revenue level in excess of | ||
| entitlement [ |
||
| (d) The commissioner shall annex the parcels or items of | ||
| property detached from a school district to other school districts | ||
| that are eligible for annexation of property in descending order of | ||
| the taxable value of each parcel or item according to the following | ||
| priorities: | ||
| (1) first, to the eligible school districts assigned | ||
| to the same county as the school district from which the property is | ||
| detached whose total adopted tax rate for the preceding tax year | ||
| does not exceed by more than $0.15 the total tax rate adopted for | ||
| that year by the school district from which the property is | ||
| detached; | ||
| (2) second, to the eligible school districts served by | ||
| the same regional education service center as the district from | ||
| which the property is detached whose total adopted tax rate for the | ||
| preceding tax year does not exceed by more than $0.10 the total tax | ||
| rate adopted for that year by the school district from which the | ||
| property is detached; and | ||
| (3) third, to other eligible school districts whose | ||
| total adopted tax rate for the preceding tax year does not exceed by | ||
| more than $0.05 the total tax rate adopted for that year by the | ||
| school district from which the property is detached. | ||
| (e) If the districts identified by Subsection (d) for a | ||
| school district are insufficient to annex all the property detached | ||
| from the school district, the commissioner shall increase, for | ||
| purposes of this section, all the maximum difference in tax rates | ||
| allowed under Subsection (d) in increments of $0.01 until the | ||
| districts are identified that are sufficient to annex all the | ||
| property detached from the district. | ||
| (f) If only one school district is eligible to annex | ||
| property detached from a school district within a priority group | ||
| established by Subsections (d) and (e), the commissioner shall | ||
| annex property to that district until it reaches the taxable value | ||
| of property necessary to generate maintenance and operations tax | ||
| revenue in the amount equal to the district's entitlement under | ||
| Section 48.202(a-1)(2) [ |
||
|
|
||
|
|
||
| property. Any remaining detached property shall be annexed to | ||
| eligible school districts in the next priority group as provided by | ||
| this section. | ||
| (g) If more than one school district is eligible to annex | ||
| property detached from a school district within a priority group | ||
| established by Subsections (d) and (e), the commissioner shall | ||
| first annex property to the district within the priority group to | ||
| which could be annexed the most taxable value of property without | ||
| increasing the district's taxable value of property to an amount | ||
| that exceeds the amount necessary to generate maintenance and | ||
| operations tax revenue in the amount equal to the district's | ||
| entitlement under Section 48.202(a-1)(2) [ |
||
|
|
||
|
|
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| value of property necessary to generate maintenance and operations | ||
| tax revenue in the amount equal to the district's entitlement under | ||
| Section 48.202(a-1)(2) [ |
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|
|
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|
|
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| property. Then any additional detached property shall be annexed | ||
| in the same manner to other eligible school districts in the same | ||
| priority group in descending order of capacity to receive taxable | ||
| value of annexed property without increasing the district's taxable | ||
| value of property to an amount that exceeds the amount necessary to | ||
| generate maintenance and operations tax revenue in the amount equal | ||
| to the district's entitlement under Section 48.202(a-1)(2) [ |
||
|
|
||
|
|
||
| priority group reaches a taxable value of property necessary to | ||
| generate maintenance and operations tax revenue in the amount equal | ||
| to the district's entitlement under Section 48.202(a-1)(2) [ |
||
|
|
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|
|
||
| remaining detached property shall be annexed to school districts in | ||
| the next priority group in the manner provided by this section. | ||
| (h) For purposes of this section, a portion of a parcel or | ||
| item of property detached in that subdivided form from a school | ||
| district is treated as a whole parcel or item of property. | ||
| (i) The commissioner may order the annexation of a portion | ||
| of a parcel or item of property, including a portion of property | ||
| treated as a whole parcel or item under Subsection (h), if: | ||
| (1) the annexation of the whole parcel or item would | ||
| result in the district eligible to receive it in the appropriate | ||
| priority order provided by this section having a local revenue | ||
| level [ |
||
| product of $10,000 multiplied by weighted average daily attendance | ||
| exceeds the taxable value of property necessary to generate | ||
| maintenance and operations tax revenue in the amount equal to the | ||
| district's entitlement under Section 48.202(a-1)(2) [ |
||
|
|
||
|
|
||
| (2) the commissioner determines that annexation of | ||
| portions of the parcel or item would reduce disparities in district | ||
| taxable values of property necessary to generate maintenance and | ||
| operations tax revenue in the amount equal to a district's | ||
| entitlement under Section 48.202(a-1)(2) [ |
||
| efficiently than would be possible if the parcel or item were | ||
| annexed as a whole. | ||
| (j) The commissioner may modify the priorities established | ||
| by this section as the commissioner considers reasonable to | ||
| minimize or reduce the number of school districts to which the | ||
| property detached from a school district is annexed, to minimize or | ||
| reduce the geographic dispersal of property in a school district, | ||
| to minimize or reduce disparities in school district taxable values | ||
| of property necessary to generate maintenance and operations tax | ||
| revenue in the amount equal to a district's entitlement under | ||
| Section 48.202(a-1)(2) [ |
||
| result, or to minimize or reduce any administrative burden or | ||
| expense. | ||
| (k) For purposes of this section, a school district is | ||
| assigned to a county if the school district is assigned to that | ||
| county in the 1992-1993 Texas School Directory published by the | ||
| Central Education Agency. | ||
| Sec. 49.307 [ |
||
| ANNEXATION. The commissioner may detach and annex property under | ||
| this subchapter only if: | ||
| (1) the property is not exempt from ad valorem | ||
| taxation under Section 11.20 or 11.21, Tax Code; and | ||
| (2) the property does not contain a building or | ||
| structure owned by the United States, this state, or a political | ||
| subdivision of this state that is exempt from ad valorem taxation | ||
| under law. | ||
| Sec. 49.308 [ |
||
| commissioner shall order any detachments and annexations of | ||
| property under this subchapter not later than November 8 of each | ||
| year. | ||
| (b) As soon as practicable after issuing the order under | ||
| Subsection (a), the commissioner shall notify each affected school | ||
| district and the appraisal district in which the affected property | ||
| is located of the determination. | ||
| Sec. 49.309 [ |
||
| (a) If the commissioner orders the detachment or annexation of a | ||
| portion of a parcel or item of property under this subchapter, the | ||
| order shall specify the portion of the taxable value of the property | ||
| to be detached or annexed and may, but need not, describe the | ||
| specific area of the parcel or item to be detached or annexed. | ||
| (b) If an order for the detachment or annexation of a | ||
| portion of a parcel or item of property does not describe the | ||
| specific area of the parcel or item to be detached or annexed, the | ||
| commissioner, as soon as practicable after issuing the order, shall | ||
| determine the specific area to be detached or annexed and shall | ||
| certify that determination to the appraisal district for the county | ||
| in which the property is located. | ||
| (c) If portions of a parcel or item of property are located | ||
| in two or more school districts as the result of a detachment or | ||
| annexation, the parcel or item shall be appraised for taxation as a | ||
| unit, and the commissioner shall determine the portion of the | ||
| taxable value of the property that is located in each of those | ||
| school districts based on the square footage of the property, or any | ||
| other reasonable method adopted by the commissioner. | ||
| Sec. 49.310 [ |
||
| chief appraiser of each appraisal district shall cooperate with the | ||
| commissioner in administering this subchapter. The commissioner | ||
| may require the chief appraiser to submit any reports or provide any | ||
| information available to the chief appraiser in the form and at the | ||
| times required by the commissioner. | ||
| (b) As soon as practicable after the detachment and | ||
| annexation of property, the chief appraiser of the appraisal | ||
| district in which the property is located shall send a written | ||
| notice of the detachment and annexation to the owner of any property | ||
| taxable in a different school district as a result of the detachment | ||
| and annexation. The notice must include the name of the school | ||
| district by which the property is taxable after the detachment and | ||
| annexation. | ||
| (c) The commissioner may reimburse an appraisal district | ||
| for any costs incurred in administering this subchapter and may | ||
| condition the reimbursement or the amount of the reimbursement on | ||
| the timely submission of reports or information required by the | ||
| commissioner or the satisfactory performance of any other action | ||
| required or requested by the commissioner. | ||
| Sec. 49.311 [ |
||
| is a resident of real property detached from a school district may | ||
| choose to attend school in that district or in the district to which | ||
| the property is annexed. For purposes of determining average daily | ||
| attendance under Section 48.005 [ |
||
| counted in the district to which the property is annexed. If the | ||
| student chooses to attend school in the district from which the | ||
| property is detached, the state shall withhold any foundation | ||
| school funds from the district to which the property is annexed and | ||
| shall allocate to the district in which the student is attending | ||
| school those funds and the amount of funds equal to the difference | ||
| between the state funds the district is receiving for the student | ||
| and the district's cost in educating the student. | ||
| Sec. 49.312 [ |
||
| a school district is released from the obligation for any tax to pay | ||
| principal and interest on bonds authorized by the district before | ||
| detachment. The property is subject to any tax to pay principal or | ||
| interest on bonds authorized by the district to which the property | ||
| is annexed whether authorized before or after annexation. | ||
| Sec. 49.313 [ |
||
| FINAL. A decision or determination of the commissioner under this | ||
| subchapter is final and not appealable. | ||
| SECTION 1.057. Subchapter H, Chapter 41, Education Code, is | ||
| transferred to Chapter 49, Education Code, as added by this Act, | ||
| redesignated as Subchapter H, Chapter 49, Education Code, and | ||
| amended to read as follows: | ||
| SUBCHAPTER H. CONSOLIDATION BY COMMISSIONER | ||
| Sec. 49.351 [ |
||
| commissioner is required under Section 49.004 [ |
||
| consolidation of districts, the consolidation is governed by this | ||
| subchapter. The commissioner's order shall be effective on a date | ||
| determined by the commissioner, but not later than the earliest | ||
| practicable date after November 8. | ||
| Sec. 49.352 [ |
||
| selecting the districts to be consolidated with a district that has | ||
| taxable values of property in an amount that exceeds the local | ||
| revenue level established under Section 48.257 [ |
||
|
|
||
| select one or more districts [ |
||
| consolidated, will result in a consolidated district with a local | ||
| revenue level [ |
||
| [ |
||
| achieving that result, the commissioner shall give priority to | ||
| school districts in the following order: | ||
| (1) first, to the contiguous district that has the | ||
| lowest local revenue level [ |
||
| the same county; | ||
| (2) second, to the district that has the lowest local | ||
| revenue level [ |
||
| county; | ||
| (3) third, to a contiguous district with a local | ||
| revenue level [ |
||
| established under Section 48.257 that has requested the | ||
| commissioner that it be considered in a consolidation plan; | ||
| (4) fourth, to include as few districts as possible | ||
| that have the lowest local revenue levels below the [ |
||
|
|
||
| consolidation order that have not requested the commissioner to be | ||
| included; | ||
| (5) fifth, to the district that has the lowest local | ||
| revenue level [ |
||
| regional education service center area; and | ||
| (6) sixth, to a district that has a tax rate similar to | ||
| that of the district that has a local revenue level [ |
||
|
|
||
| Section 48.257. | ||
| (b) The commissioner may not select a district that has been | ||
| created as a result of consolidation by agreement under Subchapter | ||
| B to be consolidated under this subchapter with a district that has | ||
| a local revenue level [ |
||
|
|
||
| (c) In applying the selection criteria specified by | ||
| Subsection (a), if more than two districts are to be consolidated, | ||
| the commissioner shall select the third and each subsequent | ||
| district to be consolidated by treating the district that has a | ||
| local revenue level [ |
||
|
|
||
| districts previously selected for consolidation as one district. | ||
| Sec. 49.353 [ |
||
| trustees elected as provided by Subsection (b) have qualified and | ||
| taken office, a district consolidated under this subchapter is | ||
| governed by a transitional board of trustees consisting of the | ||
| board of trustees of the district having the greatest student | ||
| membership on the last day of the school year preceding the | ||
| consolidation plus one member of the board of trustees of each other | ||
| consolidating district selected by that board. | ||
| (b) The transitional board of trustees shall divide the | ||
| consolidated district into nine single-member trustee districts in | ||
| accordance with the procedures provided by Section 11.052. The | ||
| transitional board shall order an election for the initial board of | ||
| trustees to be held on the first May uniform election date after the | ||
| effective date of a consolidation order. | ||
| (c) Members of the board of trustees of a consolidated | ||
| district serve staggered terms of office for four years. | ||
| (d) Section 13.156 applies to districts consolidated under | ||
| this subchapter. | ||
| Sec. 49.354 [ |
||
| DISTRICT. (a) If the legislature abolishes ad valorem taxes for | ||
| public school maintenance and operations and adopts another method | ||
| of funding public education, the board of trustees of a | ||
| consolidated district created under this subchapter may dissolve | ||
| the consolidated district, provided that the dissolution is | ||
| approved by a majority of those voters residing within the district | ||
| participating in an election called for the purpose of approving | ||
| the dissolution of the consolidated school district. | ||
| (b) If a consolidated district is dissolved, each of the | ||
| former districts is restored as a separate district and is | ||
| classified as an independent district. | ||
| (c) Title to real property of the consolidated district is | ||
| allocated to the restored district in which the property is | ||
| located. Title to proportionate shares of the fund balances and | ||
| personal property of the consolidated district, as determined by | ||
| Subsection (e), are allocated to each restored district. | ||
| (d) Each of the restored districts assumes and is liable | ||
| for: | ||
| (1) indebtedness of the consolidated district that | ||
| relates to real property allocated to the district; and | ||
| (2) a proportionate share, as determined by Subsection | ||
| (e), of indebtedness of the consolidated district that does not | ||
| relate to real property. | ||
| (e) A restored district's proportionate share of fund | ||
| balances, personal property, or indebtedness is equal to the | ||
| proportion that the number of students in average daily attendance | ||
| in the restored district bears to the number of students in average | ||
| daily attendance in the consolidated district. | ||
| Sec. 49.355 [ |
||
| school district consolidated under this subchapter may be used only | ||
| for the benefit of the schools within the district that generated | ||
| the funds. | ||
| Sec. 49.356 [ |
||
| consolidated district created under this subchapter shall honor an | ||
| employment contract entered into by a consolidating district. | ||
| Sec. 49.357 [ |
||
| ADJUSTMENT [ |
||
| [ |
||
| the benefit of the adjustment or allotment to the schools of the | ||
| consolidating district to which Section 48.052 [ |
||
| [ |
||
| the consolidated district still qualifies as a small or sparse | ||
| district. | ||
| SECTION 1.058. Sections 825.405(a), (b), (e), and (f), | ||
| Government Code, are amended to read as follows: | ||
| (a) An employing school district or an open-enrollment | ||
| charter school, as applicable, shall pay the state's contribution | ||
| on the portion of a member's salary that exceeds the statutory | ||
| minimum salary for [ |
||
| (1) entitled to the minimum salary for certain school | ||
| personnel under Section 21.402, Education Code; | ||
| (2) [ |
||
| the minimum salary for certain school personnel under former | ||
| Section 16.056, Education Code, as that section existed on January | ||
| 1, 1995; and | ||
| (3) who would be entitled to the minimum salary for | ||
| certain school personnel under Section 21.402, Education Code, if | ||
| the member was employed by a school district subject to that section | ||
| instead of being employed by: | ||
| (A) an open-enrollment charter school; or | ||
| (B) a school district that has adopted a local | ||
| innovation plan under Chapter 12A, Education Code, that exempts the | ||
| district's employees from the minimum salary schedule under that | ||
| section[ |
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|
|
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|
|
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| (b) For purposes of this section,[ |
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| [ |
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| described by: | ||
| (1) Subsection (a)(1) [ |
||
|
|
||
| 21.402, Education Code [ |
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|
|
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|
|
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| (2) Subsection (a)(2) [ |
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|
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|
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| salary computed in the same manner as the minimum salary for certain | ||
| school personnel under Section 21.402, Education Code; and | ||
| (3) Subsection (a)(3) is the minimum salary the member | ||
| would have been entitled to if the member was subject to Section | ||
| 21.402, Education Code[ |
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|
|
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|
|
||
| (e) After the end of each school year, the retirement system | ||
| shall certify to the commissioner of education: | ||
| (1) the names of any employers [ |
||
| that have failed to remit, within the period required by Section | ||
| 825.408, all contributions required under this section for the | ||
| school year; and | ||
| (2) the amounts of the unpaid contributions. | ||
| (f) If the commissioner of education receives a | ||
| certification under Subsection (e), the commissioner shall direct | ||
| the comptroller of public accounts to withhold the amount | ||
| certified, plus interest computed at the rate and in the manner | ||
| provided by Section 825.408, from the first state money payable to | ||
| the employer [ |
||
| deposited to the credit of the appropriate accounts of the | ||
| retirement system. | ||
| SECTION 1.059. Section 26.08, Tax Code, is amended by | ||
| amending Subsections (a), (b), (i), and (n) and adding Subsection | ||
| (a-1) to read as follows: | ||
| (a) If the governing body of a school district adopts a tax | ||
| rate that exceeds the district's rollback tax rate, the registered | ||
| voters of the district at an election held for that purpose must | ||
| determine whether to approve the adopted tax rate. | ||
| (a-1) When increased expenditure of money by a school | ||
| district is necessary to respond to a disaster, including a | ||
| tornado, hurricane, flood, or other calamity, but not including a | ||
| drought, that has impacted a school district and the governor has | ||
| requested federal disaster assistance for the area in which the | ||
| school district is located, an election is not required under this | ||
| section to approve the tax rate adopted by the governing body for | ||
| the year following the year in which the disaster occurs. A tax | ||
| rate adopted under this subsection applies only in the year for | ||
| which the rate is adopted. If a district adopts a tax rate under | ||
| this subsection, the amount by which that rate exceeds the | ||
| district's rollback tax rate for that tax year may not be considered | ||
| when calculating the district's rollback tax rate for the tax year | ||
| following the year in which the district adopts the rate. | ||
| (b) The governing body shall order that the election be held | ||
| in the school district on the next uniform election [ |
||
| prescribed by [ |
||
|
|
||
| occurs after the date of the election order and that allows | ||
| sufficient time to comply with the requirements of other law [ |
||
|
|
||
|
|
||
| the ballots shall be prepared to permit voting for or against the | ||
| proposition: "Ratifying [ |
||
| (insert adopted tax rate) [ |
||
| school district) for the current year, a rate that will result in an | ||
| increase of _____ (insert percentage increase in maintenance and | ||
| operations tax revenue under the adopted tax rate as compared to | ||
| maintenance and operations tax revenue in the preceding tax year) | ||
| percent in maintenance and operations tax revenue for the district | ||
| for the current year as compared to the preceding year, which is an | ||
| additional $____ (insert dollar amount of increase in maintenance | ||
| and operations tax revenue under the adopted tax rate as compared to | ||
| maintenance and operations tax revenue in the preceding tax year) | ||
| [ |
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|
|
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|
|
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|
|
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|
|
||
| (i) For purposes of this section, "enrichment tax rate" has | ||
| the meaning assigned by Section 45.0032, Education Code [ |
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|
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|
|
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| (n) For purposes of this section, the rollback tax rate of a | ||
| school district [ |
||
|
|
||
| (1) for the 2019 [ |
||
| following: | ||
| (A) the rate [ |
||
|
|
||
|
|
||
| is equal to the product of the state compression percentage, as | ||
| determined under Section 48.255, Education Code, for the 2019 tax | ||
| year and $1.00; | ||
| (B) the greater of: | ||
| (i) the district's maintenance and | ||
| operations tax rate for the 2018 tax year, less the sum of: | ||
| (a) $1.00; and | ||
| (b) any amount by which the district | ||
| is required to reduce the district's enrichment tax rate under | ||
| Section 48.202(f), Education Code, in the 2019 tax year; or | ||
| (ii) the rate of $0.04 per $100 of taxable | ||
| value; and | ||
| (C) [ |
||
| (2) for the 2020 [ |
||
| sum [ |
||
| (A) [ |
||
| [ |
||
| that is equal to the product of the state compression percentage, as | ||
| determined under Section 48.255 [ |
||
| current year and $1.00 [ |
||
| (B) the greater of: | ||
| (i) the district's enrichment tax rate for | ||
| the preceding tax year, less any amount by which the district is | ||
| required to reduce the district's enrichment tax rate under Section | ||
| 48.202(f), Education Code, in the current tax year; or | ||
| (ii) the rate of $0.04 per $100 of taxable | ||
| value; and | ||
| (C) [ |
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|
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|
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| [ |
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| [ |
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| [ |
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| [ |
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| [ |
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| ARTICLE 2. PUBLIC EDUCATION | ||
| SECTION 2.001. Chapter 4, Education Code, is amended by | ||
| adding Section 4.003 to read as follows: | ||
| Sec. 4.003. 60x30TX GOALS. To further the state's master | ||
| plan developed under Section 61.051 for at least 60 percent of all | ||
| adults aged 25 to 34 in this state to achieve a postsecondary degree | ||
| or workforce credential by 2030, the following goals are | ||
| established: | ||
| (1) at least 60 percent of all public school students | ||
| in each demographic category considered under Section 39.053(c)(3) | ||
| shall perform satisfactorily on a third grade reading assessment | ||
| instrument described by Section 48.109(b) by 2030; and | ||
| (2) at least 60 percent of all public school students | ||
| in each demographic category considered under Section 39.053(c)(3) | ||
| who graduate high school shall meet college, career, and military | ||
| readiness standards as provided by Section 48.110(e) by 2030. | ||
| SECTION 2.002. Section 7.028(a), Education Code, is amended | ||
| to read as follows: | ||
| (a) Except as provided by Section 29.001(5), 29.010(a), or | ||
| 39.057, the agency may monitor compliance with requirements | ||
| applicable to a process or program provided by a school district, | ||
| campus, program, or school granted charters under Chapter 12, | ||
| including the process described by Subchapter F, Chapter 11, or a | ||
| program described by Subchapter B, C, D, E, F, H, or I, Chapter 29, | ||
| Subchapter A, Chapter 37, or Section 38.003, [ |
||
|
|
||
| necessary to ensure: | ||
| (1) compliance with federal law and regulations; | ||
| (2) financial accountability, including compliance | ||
| with grant requirements; [ |
||
| (3) data integrity for purposes of: | ||
| (A) the Public Education Information Management | ||
| System (PEIMS); and | ||
| (B) accountability under Chapters 39 and 39A; and | ||
| (4) qualification for funding under Chapter 48. | ||
| SECTION 2.003. Subchapter B, Chapter 7, Education Code, is | ||
| amended by adding Sections 7.038 and 7.039 to read as follows: | ||
| Sec. 7.038. 60x30TX PROGRESS REPORT. (a) Not later than | ||
| December 1 of each even-numbered year, the agency and the Texas | ||
| Higher Education Coordinating Board jointly shall prepare and | ||
| submit to the governor, the lieutenant governor, the speaker of the | ||
| house of representatives, and the standing legislative committees | ||
| with primary jurisdiction over public education a report assessing | ||
| the state's progress toward achieving the 60x30TX goals established | ||
| under Section 4.003. | ||
| (b) The report must: | ||
| (1) be combined with the Texas Higher Education | ||
| Coordinating Board's report on the state's master plan for higher | ||
| education required under Section 61.051(a-3); and | ||
| (2) analyze progress made toward the 60x30TX goals | ||
| disaggregated by each demographic category considered under | ||
| Section 39.053(c)(3). | ||
| Sec. 7.039. POSTSECONDARY OUTCOMES REPORTING. To track | ||
| progress toward the 60x30TX goals established under Section 4.003, | ||
| the agency shall: | ||
| (1) maintain an online reporting system regarding the | ||
| postsecondary outcomes of students enrolled in: | ||
| (A) each school district or open-enrollment | ||
| charter school; and | ||
| (B) each public high school; and | ||
| (2) collect data as necessary to maintain the | ||
| reporting system under Subdivision (1). | ||
| SECTION 2.004. Subchapter C, Chapter 7, Education Code, is | ||
| amended by adding Section 7.070 to read as follows: | ||
| Sec. 7.070. COORDINATION OF DATA COLLECTION. The | ||
| commissioner may enter into agreements with appropriate entities as | ||
| necessary to provide for the collection of data regarding college, | ||
| career, and military readiness of public school students, including | ||
| data maintained by: | ||
| (1) governmental agencies of the United States, this | ||
| state, or another state; | ||
| (2) political subdivisions of this state or another | ||
| state; | ||
| (3) public or private institutions of higher | ||
| education; and | ||
| (4) relevant private organizations. | ||
| SECTION 2.005. Subchapter D, Chapter 11, Education Code, is | ||
| amended by adding Section 11.185 to read as follows: | ||
| Sec. 11.185. 60x30TX DISTRICT GOALS. (a) To support the | ||
| achievement of the 60x30TX goals established under Section 4.003, | ||
| the board of trustees of a school district shall develop at least | ||
| three student outcome goals, with five-year performance targets for | ||
| each goal. At least one goal must support early childhood literacy. | ||
| (b) The board of trustees shall regularly monitor the | ||
| district's progress toward each goal developed under Subsection | ||
| (a), including progress toward those goals by students in each | ||
| demographic category considered under Section 39.053(c)(3). | ||
| (c) Not later than September 1 of each year, each school | ||
| district shall post on the district's Internet website a report | ||
| assessing the progress of the district and each campus in the | ||
| district toward achieving the goals developed under Subsection (a). | ||
| SECTION 2.006. Subchapter F, Chapter 11, Education Code, is | ||
| amended by adding Section 11.256 to read as follows: | ||
| Sec. 11.256. EARLY CHILDHOOD LITERACY PLAN. (a) To support | ||
| achieving the student outcome goal or goals regarding early | ||
| childhood literacy developed under Section 11.185, each school | ||
| district shall adopt and post on the district's Internet website an | ||
| early childhood literacy plan. | ||
| (b) The plan adopted under Subsection (a) must: | ||
| (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) identify the reading instruments used to diagnose | ||
| student reading development and comprehension in prekindergarten | ||
| through third grade, including the purpose of each instrument and | ||
| the frequency of its use; | ||
| (3) provide for targeted professional development for | ||
| classroom teachers in kindergarten or first, second, or third grade | ||
| that focuses on scientifically supported reading instructional | ||
| practices and the effective use of reading instruments intended to | ||
| diagnose reading development and comprehension; | ||
| (4) assign at least one district-level administrator | ||
| or employee of the regional education service center for the | ||
| district's region to: | ||
| (A) coordinate implementation of the plan; and | ||
| (B) submit a quarterly report to the board of | ||
| trustees of the district on the district's progress toward the | ||
| student outcome goal or goals regarding early childhood literacy | ||
| developed under Section 11.185, including aggregated results on | ||
| reading instruments administered in prekindergarten through third | ||
| grade during that quarter; and | ||
| (5) be reviewed annually by the board of trustees at a | ||
| public meeting. | ||
| (c) A school district shall post the quarterly report | ||
| described by Subsection (b)(4)(B) on the district's Internet | ||
| website. | ||
| (d) The agency shall assist school districts as necessary to | ||
| ensure compliance with this section. | ||
| SECTION 2.007. Section 12A.003(b), Education Code, is | ||
| amended to read as follows: | ||
| (b) A local innovation plan must: | ||
| (1) provide for a comprehensive educational program | ||
| for the district, which program may include: | ||
| (A) innovative curriculum, instructional | ||
| methods, and provisions regarding community participation, campus | ||
| governance, and parental involvement; | ||
| (B) except as provided by Section 12A.004(a), | ||
| modifications to the school day or year; | ||
| (C) provisions regarding the district budget and | ||
| sustainable program funding; | ||
| (D) accountability and assessment measures that | ||
| exceed the requirements of state and federal law; and | ||
| (E) any other innovations prescribed by the board | ||
| of trustees; and | ||
| (2) identify requirements imposed by this code that | ||
| inhibit the goals of the plan and from which the district should be | ||
| exempted on adoption of the plan, subject to Section 12A.004. | ||
| SECTION 2.008. Section 12A.004(a), Education Code, is | ||
| amended to read as follows: | ||
| (a) A local innovation plan may not provide for the | ||
| exemption of a district designated as a district of innovation from | ||
| the following provisions of this title: | ||
| (1) a state or federal requirement applicable to an | ||
| open-enrollment charter school operating under Subchapter D, | ||
| Chapter 12; | ||
| (2) Subchapters A, C, D, and E, Chapter 11, except that | ||
| a district may be exempt from Sections 11.1511(b)(5) and (14) and | ||
| Section 11.162; | ||
| (3) state curriculum and graduation requirements | ||
| adopted under Chapter 28; [ |
||
| (4) academic and financial accountability and | ||
| sanctions under Chapters 39 and 39A; and | ||
| (5) the first day of instruction requirements under | ||
| Section 25.0811(a)(3). | ||
| SECTION 2.009. Subchapter B, Chapter 21, Education Code, is | ||
| amended by adding Sections 21.063 and 21.064 to read as follows: | ||
| Sec. 21.063. TEACHER DESIGNATIONS ON CERTIFICATE. (a) The | ||
| board shall place the appropriate designation issued to a teacher | ||
| under Subchapter P on the teacher's certificate as soon as | ||
| practicable after being notified by the agency of the issuance of | ||
| the designation. | ||
| (b) The board shall remove a designation under Subchapter P | ||
| from a teacher's certificate on: | ||
| (1) expiration of the designation, unless the agency | ||
| notifies the board that the designation has been renewed; or | ||
| (2) revocation of the designation under Section | ||
| 21.755(d). | ||
| Sec. 21.064. LEGACY MASTER TEACHER CERTIFICATIONS. (a) | ||
| The board shall recognize a master teacher certificate issued under | ||
| former Section 21.0481, 21.0482, 21.0483, or 21.0484 until the | ||
| certificate expires. The board shall note a designation of | ||
| "legacy" on the certificate. | ||
| (b) A master teacher certificate described by Subsection | ||
| (a) is not eligible for funding under the teacher incentive | ||
| allotment under Section 48.112. | ||
| SECTION 2.010. Sections 21.351(a) and (c), Education Code, | ||
| are amended to read as follows: | ||
| (a) The commissioner shall adopt a recommended appraisal | ||
| process and criteria on which to appraise the performance of | ||
| teachers. The criteria must be based on observable, job-related | ||
| behavior, including: | ||
| (1) a teacher's [ |
||
| discipline management procedures; and | ||
| (2) the performance of a teacher's [ |
||
| students. | ||
| (c) Under the recommended appraisal process, an appraiser | ||
| must be the teacher's supervisor or a person approved by the board | ||
| of trustees. An appraiser who is a classroom teacher may not | ||
| appraise the performance of another classroom teacher who teaches | ||
| at the same school campus at which the appraiser teaches, unless it | ||
| is impractical because of the number of campuses or unless the | ||
| appraiser is in a supervisory role or is the chair of a department | ||
| or grade level whose job description includes classroom observation | ||
| responsibilities. | ||
| SECTION 2.011. Section 21.352(c), Education Code, is | ||
| amended to read as follows: | ||
| (c) Except as otherwise provided by this subsection, | ||
| appraisal must be done at least once for [ |
||
| A teacher may be appraised less frequently if the teacher agrees in | ||
| writing and the teacher's most recent evaluation rated the teacher | ||
| as at least proficient, or the equivalent, and did not identify any | ||
| area of deficiency. A teacher who is appraised less frequently than | ||
| annually must be appraised at least once during each period of five | ||
| school years. The district shall maintain a written copy of the | ||
| evaluation of each teacher's performance in the teacher's personnel | ||
| file. Each teacher is entitled to receive a written copy of the | ||
| evaluation promptly on its completion. After receiving a written | ||
| copy of the evaluation, a teacher is entitled to a second appraisal | ||
| by a different appraiser or to submit a written rebuttal to the | ||
| evaluation to be attached to the evaluation in the teacher's | ||
| personnel file. The evaluation and any rebuttal may be given to | ||
| another school district at which the teacher has applied for | ||
| employment at the request of that district. | ||
| SECTION 2.012. Section 21.355(d), Education Code, is | ||
| amended to read as follows: | ||
| (d) A school district or open-enrollment charter school | ||
| shall [ |
||
| of a teacher or administrator, including a document evaluating the | ||
| performance of a teacher or administrator currently or previously | ||
| employed by the district or school [ |
||
|
|
||
| SECTION 2.013. Subchapter I, Chapter 21, Education Code, is | ||
| amended by adding Section 21.4023 to read as follows: | ||
| Sec. 21.4023. CLASSROOM TEACHER AND LIBRARIAN SALARY | ||
| INCREASE. (a) A classroom teacher or full-time librarian employed | ||
| by a school district or open-enrollment charter school in the | ||
| 2019-2020 school year is, as long as the teacher or librarian is | ||
| employed by the same district or school, entitled to a salary that | ||
| is at least equal to the salary the teacher or librarian received | ||
| for the 2019-2020 school year. | ||
| (a-1) For the 2019-2020 school year, a school district or | ||
| open-enrollment charter school shall increase the salary of each | ||
| classroom teacher and full-time librarian employed by the district | ||
| or school in the 2018-2019 school year by at least $5,000. This | ||
| subsection expires September 1, 2020. | ||
| (b) The commissioner may adopt rules as necessary to | ||
| implement this section. | ||
| SECTION 2.014. Section 21.410(c), Education Code, is | ||
| amended to read as follows: | ||
| (c) The commissioner shall annually identify each high-need | ||
| campus in a school district using criteria established by the | ||
| commissioner by rule, including performance on the language arts | ||
| [ |
||
| The commissioner shall also use the criteria to rank campuses in | ||
| order of greatest need. | ||
| SECTION 2.015. Section 21.4551(c), Education Code, is | ||
| amended to read as follows: | ||
| (c) The commissioner by rule shall require a teacher to | ||
| attend a reading academy if the teacher provides instruction in | ||
| reading, mathematics, science, or social studies to students at the | ||
| sixth, seventh, or eighth grade level at a campus that fails to | ||
| satisfy any standard under Section 39.054(e) on the basis of | ||
| student performance on the language arts [ |
||
| instrument administered under Section 39.023(a) to students in any | ||
| grade level at the campus. | ||
| SECTION 2.016. Chapter 21, Education Code, is amended by | ||
| adding Subchapter P to read as follows: | ||
| SUBCHAPTER P. RECOGNIZED, EXEMPLARY, AND MASTER TEACHER | ||
| DESIGNATIONS | ||
| Sec. 21.751. DEFINITION. In this subchapter, "classroom | ||
| teacher" includes an individual who: | ||
| (1) is a teacher of record who teaches at least half | ||
| the average number of students for a teaching assignment at the | ||
| school campus at which the teacher is employed; and | ||
| (2) satisfies the amount of teaching time requirement | ||
| in the definition of a classroom teacher under Section 5.001 by | ||
| providing educator leadership, including collaborating with, | ||
| mentoring, or supporting other teachers. | ||
| Sec. 21.752. RECOGNIZED, EXEMPLARY, AND MASTER TEACHER | ||
| DESIGNATIONS. (a) To recognize the performance of teachers in this | ||
| state, the commissioner shall: | ||
| (1) establish an approval process for school districts | ||
| and open-enrollment charter schools to designate a teacher as a | ||
| recognized, exemplary, or master teacher and include the | ||
| designation on the teacher's teaching certificate; | ||
| (2) develop and provide technical assistance for | ||
| school districts and open-enrollment charter schools in making | ||
| teacher designations, including: | ||
| (A) methods to involve staff in locally | ||
| developing the process for designating teachers under this | ||
| subchapter; and | ||
| (B) assistance focusing on problems faced by | ||
| rural school districts; and | ||
| (3) subject to Subsection (b), authorize school | ||
| districts and open-enrollment charter schools to make teacher | ||
| designations for a five-year period, provided that the district's | ||
| or school's teacher designation system meets the requirements under | ||
| Section 21.754. | ||
| (b) The commissioner shall verify that the appraisals of a | ||
| representative sample of classroom teachers meet the requirements | ||
| for teacher designations under this subchapter. Verification may | ||
| include on-site classroom observations or observations by video or | ||
| audio recording of classroom sessions. | ||
| (c) The commissioner may not rely solely on student | ||
| performance on an assessment instrument administered under Section | ||
| 39.023 in determining whether a school district's or | ||
| open-enrollment charter school's teacher designation system | ||
| complies with this subchapter. | ||
| Sec. 21.753. ELIGIBILITY CRITERIA FOR TEACHER DESIGNATION. | ||
| (a) To be eligible for a teacher designation under this subchapter, | ||
| a classroom teacher must: | ||
| (1) hold an eligible teaching certificate issued under | ||
| Subchapter B; and | ||
| (2) satisfy any additional requirements adopted by the | ||
| school district or open-enrollment charter school at which the | ||
| teacher is employed. | ||
| (b) A school district or open-enrollment charter school may | ||
| designate a classroom teacher as recognized if the classroom | ||
| teacher: | ||
| (1) holds a National Board Certification issued by the | ||
| National Board for Professional Teaching Standards; and | ||
| (2) meets the other requirements of Subsection (a). | ||
| (c) Except as provided by Subsection (d), the commissioner | ||
| may approve a school district or open-enrollment charter school to | ||
| designate a teacher under this subchapter if the district's or | ||
| school's designation system under Section 21.754 provides | ||
| sufficient information to distinguish that among teachers in the | ||
| state in similar teaching assignments, the teacher is: | ||
| (1) for a recognized teacher, in the top 33 percent in | ||
| teaching performance; | ||
| (2) for an exemplary teacher, in the top 20 percent in | ||
| teaching performance; or | ||
| (3) for a master teacher, in the top 5 percent of | ||
| teaching performance. | ||
| (d) The commissioner may raise the percentages required | ||
| under Subsection (c) to ensure consistency of teacher performance | ||
| standards over multiple school years as statewide performance | ||
| improves, including for the purpose of teacher designation | ||
| renewals. | ||
| Sec. 21.754. TEACHER DESIGNATION SYSTEMS. (a) A school | ||
| district's or open-enrollment charter school's teacher designation | ||
| system must incorporate: | ||
| (1) an educator appraisal system that complies with | ||
| Section 21.351 or 21.352, including incorporating student | ||
| performance, which may be measured by student performance over | ||
| multiple school years; | ||
| (2) student perception surveys for the third grade | ||
| level and higher; | ||
| (3) educator leadership, including collaborating | ||
| with, mentoring, or supporting other teachers; | ||
| (4) reliable observation-based appraisal components, | ||
| including the use of independent observers and processes to ensure | ||
| inter-rater reliability of observers; and | ||
| (5) reliable underlying student assessments used to | ||
| evaluate student performance, including test security protocols | ||
| and defined testing windows. | ||
| (a-1) A school district's or open-enrollment charter | ||
| school's teacher designation system is not required to incorporate | ||
| the surveys required under Subsection (a)(2) until the 2022-2023 | ||
| school year. This subsection expires September 1, 2023. | ||
| (b) A district's or school's educator appraisal system under | ||
| Subsection (a)(1) may not rely solely on student performance on | ||
| assessment instruments administered under Section 39.023. | ||
| (c) The commissioner may not authorize a school district or | ||
| open-enrollment charter school to make teacher designations under | ||
| this subchapter until the district's or school's teacher | ||
| designation system has evaluated classroom teachers in compliance | ||
| with Subsection (a). | ||
| (d) The commissioner may develop an auditing process for | ||
| teacher designation systems to maintain quality and ensure | ||
| compliance. The commissioner may, as necessary: | ||
| (1) revoke the commissioner's approval of a | ||
| designation system; | ||
| (2) require modifications to a designation system to | ||
| retain the commissioner's approval; | ||
| (3) suspend eligibility for funding for a district's | ||
| or school's noncompliance with an audit; or | ||
| (4) recover funds under Section 48.272 from a district | ||
| or school that has a designation system that is out of compliance or | ||
| for which the commissioner's approval has been revoked. | ||
| (e) The commissioner may adopt necessary reporting | ||
| processes and timelines for the auditing process under Subsection | ||
| (d). | ||
| Sec. 21.755. VALIDITY AND EXPIRATION OF TEACHER | ||
| DESIGNATION. (a) A teacher designation under this subchapter: | ||
| (1) is valid until the teacher designation expires | ||
| regardless of whether the teacher: | ||
| (A) changes teaching assignment; | ||
| (B) transfers school campuses; or | ||
| (C) is employed by another school district or | ||
| open-enrollment charter school; and | ||
| (2) expires at the end of the school year during which | ||
| the fifth anniversary of the date on which the teacher receives the | ||
| designation occurs. | ||
| (b) A teacher has no vested property right in a teacher | ||
| designation assigned to the teacher under this subchapter. | ||
| (c) A teacher designation issued under this subchapter is | ||
| void on the determination that the designation was issued | ||
| improperly. Subchapters C through H, Chapter 2001, Government | ||
| Code, do not apply to the voiding of a teacher designation under | ||
| this subsection. | ||
| (d) The State Board for Educator Certification may revoke or | ||
| suspend a certificate holder's teacher designation issued under | ||
| this subchapter. | ||
| Sec. 21.756. MULTIPLE DESIGNATIONS PROHIBITED. A teacher | ||
| may receive only one teacher designation under this subchapter at | ||
| any time. If a teacher qualifies for: | ||
| (1) both a recognized and exemplary teacher | ||
| designation, the teacher receives the exemplary designation; and | ||
| (2) either a recognized or exemplary designation and a | ||
| master designation, the teacher receives a master designation. | ||
| Sec. 21.757. INFORMATION RELATING TO TEACHER AND STUDENT | ||
| PERFORMANCE. (a) The agency, or an entity the agency contracts | ||
| with to implement this subchapter, may access information required | ||
| to verify an eligibility determination under this subchapter, | ||
| including information from the school district or open-enrollment | ||
| charter school at which the teacher is or was employed relating to | ||
| the performance of the teacher's current or previous students. | ||
| (b) The agency shall collect information necessary to | ||
| implement this subchapter, which may include student performance | ||
| information for a sample of students across the state and | ||
| information regarding educator appraisals. | ||
| (c) A school district or open-enrollment charter school | ||
| shall provide any information required under this subchapter. | ||
| (d) Information otherwise confidential remains | ||
| confidential and is not subject to Chapter 552, Government Code. | ||
| Sec. 21.758. FEES. (a) The commissioner may adopt fees for | ||
| the authorization of school districts and open-enrollment charter | ||
| schools to make teacher designations under this subchapter. | ||
| (b) A fee adopted by the agency under this subchapter is not | ||
| subject to Sections 2001.0045 and 2001.0221, Government Code. | ||
| Sec. 21.759. STUDENT PERFORMANCE STUDY. (a) The | ||
| commissioner shall periodically conduct a study using an external | ||
| organization to determine the impact of the teacher designations | ||
| issued under this subchapter on student performance. | ||
| (b) The commissioner shall make recommendations as | ||
| necessary to the governor and the legislature to improve the | ||
| quality of and impact on student performance of teacher | ||
| designations issued under this subchapter. | ||
| Sec. 21.760. ADVISORY COMMITTEE OR PANEL. (a) The | ||
| commissioner may appoint a committee or panel to advise, make | ||
| recommendations, or make determinations relating to any duties | ||
| assigned to the commissioner under this subchapter. | ||
| (b) A committee or panel appointed under this section is not | ||
| subject to Chapter 2110, Government Code. | ||
| Sec. 21.761. RULES; FINALITY OF DECISIONS. (a) The | ||
| commissioner may adopt rules to implement this subchapter. | ||
| (b) A decision made by the commissioner under this | ||
| subchapter is final and may not be appealed. | ||
| SECTION 2.017. Section 25.0811(a), Education Code, is | ||
| amended to read as follows: | ||
| (a) Except as provided by this section, a school district | ||
| may not begin instruction for students for a school year before the | ||
| fourth Monday in August. A school district may: | ||
| (1) begin instruction for students for a school year | ||
| before the fourth Monday in August if the district operates a | ||
| year-round system under Section 25.084; [ |
||
| (2) begin instruction for students for a school year | ||
| on or after the first Monday in August at a campus or at not more | ||
| than 20 percent of the campuses in the district if: | ||
| (A) the district has a student enrollment of | ||
| 190,000 or more; | ||
| (B) the district at the beginning of the school | ||
| year provides, financed with local funds, days of instruction for | ||
| students at the campus or at each of the multiple campuses, in | ||
| addition to the minimum [ |
||
| required under Section 25.081; | ||
| (C) the campus or each of the multiple campuses | ||
| is [ |
||
| board of trustees of the district; and | ||
| (D) a majority of the students at the campus or at | ||
| each of the multiple campuses are educationally disadvantaged; or | ||
| (3) begin instruction for students for a school year | ||
| on or after the third Monday in August if the district is designated | ||
| as a district of innovation under Chapter 12A. | ||
| SECTION 2.018. Section 25.085, Education Code, is amended | ||
| by adding Subsection (i) to read as follows: | ||
| (i) Notwithstanding any other provision of this section, a | ||
| student enrolled in a school district is not required to attend | ||
| school for any additional instructional days described by Section | ||
| 48.0051. | ||
| SECTION 2.019. Section 28.006, Education Code, is amended | ||
| by amending Subsections (b), (c), (c-1), (d), and (f) and adding | ||
| Subsections (b-1), (b-2), (c-2), (c-3), and (l) to read as follows: | ||
| (b) The commissioner shall adopt a list of reading | ||
| instruments that a school district may use to diagnose student | ||
| reading development and comprehension. For use in diagnosing the | ||
| reading development and comprehension of kindergarten students, | ||
| the commissioner shall adopt a [ |
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|
|
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| [ |
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|
|
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| least three developmental skills, including literacy[ |
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|
|
||
|
|
||
|
|
||
| assessment tool administered as provided by this subsection is | ||
| considered to be a reading instrument for purposes of this section. | ||
| A district-level committee established under Subchapter F, Chapter | ||
| 11, may adopt a list of reading instruments for use in the district | ||
| in a grade level other than kindergarten in addition to the reading | ||
| instruments on the commissioner's list. Each reading instrument | ||
| adopted by the commissioner or a district-level committee must be | ||
| based on scientific research concerning reading skills development | ||
| and reading comprehension. A list of reading instruments adopted | ||
| under this subsection must provide for diagnosing the reading | ||
| development and comprehension of students participating in a | ||
| program under Subchapter B, Chapter 29. | ||
| (b-1) The commissioner may approve an alternative reading | ||
| instrument for use in diagnosing the reading development and | ||
| comprehension of kindergarten students that complies with the | ||
| requirements under Subsection (b). | ||
| (b-2) The agency may develop reading instruments for | ||
| purposes of this section. | ||
| (c) Each school district shall administer, at the | ||
| [ |
||
| instrument on the list adopted by the commissioner or by the | ||
| district-level committee. The district shall administer the | ||
| reading instrument in accordance with the commissioner's | ||
| recommendations under Subsection (a)(1). | ||
| (c-1) Each school district shall administer at the | ||
| beginning of the seventh grade a reading instrument adopted by the | ||
| commissioner to each student whose performance on the assessment | ||
| instrument in language arts [ |
||
| 39.023(a) to the student in grade six did not demonstrate reading | ||
| proficiency, as determined by the commissioner. The district shall | ||
| administer the reading instrument in accordance with the | ||
| commissioner's recommendations under Subsection (a)(1). | ||
| (c-2) Each school district shall administer at the | ||
| kindergarten level a reading instrument adopted by the commissioner | ||
| under Subsection (b) or approved by the commissioner under | ||
| Subsection (b-1). The district shall administer the reading | ||
| instrument in accordance with the commissioner's recommendations | ||
| under Subsection (a)(1). | ||
| (c-3) The commissioner by rule shall determine the | ||
| performance on the reading instrument adopted under Subsection (b) | ||
| that indicates kindergarten readiness. | ||
| (d) The superintendent of each school district shall: | ||
| (1) report to the commissioner and the board of | ||
| trustees of the district the results of the reading instruments; | ||
| (2) not later than the 60th day after the date on which | ||
| a reading instrument was administered report, in writing, to a | ||
| student's parent or guardian the student's results on the [ |
||
| instrument; and | ||
| (3) using the school readiness certification system | ||
| provided to the school district in accordance with Section | ||
| 29.161(e), report electronically each student's raw score on the | ||
| reading instrument to the agency for use in the school readiness | ||
| certification system. | ||
| (f) The agency shall ensure at least one reading instrument | ||
| for each grade level for which a reading instrument is required to | ||
| be administered under this section is available to school districts | ||
| at no cost. [ |
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|
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|
|
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|
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| (l) The commissioner may adopt rules as necessary to | ||
| implement this section. Section 2001.0045, Government Code, does | ||
| not apply to rules adopted under this subsection. | ||
| SECTION 2.020. Section 28.0061(b), Education Code, is | ||
| amended to read as follows: | ||
| (b) A school district is eligible to participate in the | ||
| pilot program if, as determined by the commissioner, the district | ||
| has low student performance on: | ||
| (1) a reading instrument administered in accordance | ||
| with Section 28.006(c); or | ||
| (2) a third grade language arts [ |
||
| instrument administered under Section 39.023(a). | ||
| SECTION 2.021. Section 28.0211(a), Education Code, is | ||
| amended to read as follows: | ||
| (a) Except as provided by Subsection (b) or (e), a student | ||
| may not be promoted to: | ||
| (1) the sixth grade program to which the student would | ||
| otherwise be assigned if the student does not perform | ||
| satisfactorily on the fifth grade mathematics and language arts | ||
| [ |
||
| (2) the ninth grade program to which the student would | ||
| otherwise be assigned if the student does not perform | ||
| satisfactorily on the eighth grade mathematics and language arts | ||
| [ |
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| SECTION 2.022. Section 28.025(c), Education Code, is | ||
| amended to read as follows: | ||
| (c) A person may receive a diploma if the person is eligible | ||
| for a diploma under Section 28.0251. In other cases, a student may | ||
| graduate and receive a diploma only if: | ||
| (1) the student successfully completes the curriculum | ||
| requirements identified by the State Board of Education under | ||
| Subsection (a) and complies with Sections 28.0256 and [ |
||
| 39.025; or | ||
| (2) the student successfully completes an | ||
| individualized education program developed under Section 29.005. | ||
| SECTION 2.023. Subchapter B, Chapter 28, Education Code, is | ||
| amended by adding Section 28.0256 to read as follows: | ||
| Sec. 28.0256. FINANCIAL AID APPLICATION REQUIREMENT FOR | ||
| HIGH SCHOOL GRADUATION. (a) Before graduating from high school, | ||
| each student must complete and submit a free application for | ||
| federal student aid (FAFSA) or, if applicable, a Texas application | ||
| for state financial aid (TASFA). | ||
| (b) A student is not required to comply with Subsection (a) | ||
| if: | ||
| (1) the student's parent or other person standing in | ||
| parental relation submits a signed form indicating that the parent | ||
| or other person authorizes the student to decline to complete and | ||
| submit the financial aid application; or | ||
| (2) the student signs and submits the form described | ||
| by Subdivision (1) on the student's own behalf if the student is 18 | ||
| years of age or older or the student's disabilities of minority have | ||
| been removed for general purposes under Chapter 31, Family Code. | ||
| (c) The agency, in consultation with the Texas Higher | ||
| Education Coordinating Board, shall develop a form to be used by a | ||
| school district or open-enrollment charter school for purposes of | ||
| Subsection (b). | ||
| SECTION 2.024. Section 29.056(g), Education Code, is | ||
| amended to read as follows: | ||
| (g) A district may transfer a student of limited English | ||
| proficiency out of a bilingual education or special language | ||
| program for the first time or a subsequent time if the student is | ||
| able to participate equally in a regular all-English instructional | ||
| program as determined by: | ||
| (1) agency-approved tests administered at the end of | ||
| each school year to determine the extent to which the student has | ||
| developed oral and written language proficiency and specific | ||
| language skills in English; | ||
| (2) satisfactory performance on the language arts | ||
| [ |
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| English language arts assessment instrument under Section | ||
| 39.023(c), as applicable, with the assessment instrument | ||
| administered in English, or, if the student is enrolled in the first | ||
| or second grade, an achievement score at or above the 40th | ||
| percentile in the reading and language arts sections of an English | ||
| standardized test approved by the agency; and | ||
| (3) agency-approved criterion-referenced tests and | ||
| the results of a subjective teacher evaluation. | ||
| SECTION 2.025. Subchapter B, Chapter 29, Education Code, is | ||
| amended by adding Section 29.065 to read as follows: | ||
| Sec. 29.065. ASSISTANCE BY AGENCY. The agency shall | ||
| develop tools to assist school districts and open-enrollment | ||
| charter schools in implementing bilingual education and special | ||
| language programs under this chapter. | ||
| SECTION 2.026. Section 29.122, Education Code, is amended | ||
| to read as follows: | ||
| Sec. 29.122. ESTABLISHMENT. (a) Using criteria established | ||
| by the State Board of Education, each school district shall adopt a | ||
| process for identifying and serving gifted and talented students in | ||
| the district and shall establish a program for those students in | ||
| each grade level. A district may establish a shared services | ||
| arrangement program with one or more other districts. | ||
| (b) Each school district shall adopt a policy regarding the | ||
| use of funds to support the district's program for gifted and | ||
| talented students. | ||
| SECTION 2.027. Subchapter D, Chapter 29, Education Code, is | ||
| amended by adding Section 29.124 to read as follows: | ||
| Sec. 29.124. CERTIFICATION AND REPORTING REQUIRED. (a) | ||
| Each school district shall annually certify to the commissioner | ||
| that the district has established a program for gifted and talented | ||
| students as required by this subchapter and that the program is | ||
| consistent with the state plan developed under Section 29.123. | ||
| (b) If the commissioner determines that a school district | ||
| has failed to comply with Subsection (a) for a school year, the | ||
| commissioner shall reduce the total amount of funding to which the | ||
| district is entitled under Chapter 48 for that school year by an | ||
| amount equal to the basic allotment multiplied by the product of: | ||
| (1) 0.12; and | ||
| (2) an amount equal to five percent of the students in | ||
| average daily attendance in the district. | ||
| (c) The commissioner may restore to a school district all or | ||
| part of the funding withheld from the district's entitlement under | ||
| Subsection (b) if during the school year the district complies with | ||
| Subsection (a). | ||
| (d) At the same time that a school district makes the | ||
| certification required under Subsection (a), the district shall | ||
| report to the commissioner regarding the use of funds on the | ||
| district's program for gifted and talented students as provided by | ||
| State Board of Education rule. | ||
| (e) Nothing in this section may be construed as limiting the | ||
| number of students that a school district may identify as gifted and | ||
| talented or serve under the district's program for gifted and | ||
| talented students. | ||
| SECTION 2.028. Section 29.153, Education Code, is amended | ||
| by amending Subsections (b), (c), (d), and (f) and adding | ||
| Subsections (c-1), (d-1), and (d-2) to read as follows: | ||
| (b) A child is eligible for enrollment in a prekindergarten | ||
| class under this section if the child is at least three years of age | ||
| and: | ||
| (1) is unable to speak and comprehend the English | ||
| language; | ||
| (2) is educationally disadvantaged; | ||
| (3) is a homeless child, as defined by 42 U.S.C. | ||
| Section 11434a, regardless of the residence of the child, of either | ||
| parent of the child, or of the child's guardian or other person | ||
| having lawful control of the child; | ||
| (4) is the child of an active duty member of the armed | ||
| forces of the United States, including the state military forces or | ||
| a reserve component of the armed forces, who is ordered to active | ||
| duty by proper authority; | ||
| (5) is the child of a member of the armed forces of the | ||
| United States, including the state military forces or a reserve | ||
| component of the armed forces, who was injured or killed while | ||
| serving on active duty; | ||
| (6) is or ever has been in the conservatorship of the | ||
| Department of Family and Protective Services following an adversary | ||
| hearing held as provided by Section 262.201, Family Code; [ |
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| (7) is the child of a person eligible for the Star of | ||
| Texas Award as: | ||
| (A) a peace officer under Section 3106.002, | ||
| Government Code; | ||
| (B) a firefighter under Section 3106.003, | ||
| Government Code; or | ||
| (C) an emergency medical first responder under | ||
| Section 3106.004, Government Code; or | ||
| (8) is the child of an educator employed by a school | ||
| district in this state. | ||
| (c) A prekindergarten class under this section may [ |
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| be operated on a half-day basis for children under four years of age | ||
| and shall be operated on a full-day basis for children who are at | ||
| least four years of age. A district is not required to provide | ||
| transportation for a prekindergarten class, but transportation, if | ||
| provided, is included for funding purposes as part of the regular | ||
| transportation system. | ||
| (c-1) A prekindergarten class under this section for | ||
| children who are least four years of age must comply with the | ||
| program standards required for high quality prekindergarten | ||
| programs under Subchapter E-1. | ||
| (d) Subject to Subsections (d-1) and (d-2), on [ |
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| application of a district, the commissioner shall [ |
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| district from the application of all or any part of this section, | ||
| including all or any part of Subchapter E-1 for a prekindergarten | ||
| class described by Subsection (c-1), if the commissioner determines | ||
| that: | ||
| (1) the district would be required to construct | ||
| classroom facilities in order to provide prekindergarten classes; | ||
| or | ||
| (2) implementing any part of this section would result | ||
| in fewer eligible children being enrolled in a prekindergarten | ||
| class under this section. | ||
| (d-1) A district may not receive an exemption under | ||
| Subsection (d) unless the district has solicited and considered at | ||
| a public meeting proposals for partnerships with public or private | ||
| entities regarding prekindergarten classes required under this | ||
| section. A decision of the board of trustees regarding a | ||
| partnership described by this subsection is final. | ||
| (d-2) An exemption under Subsection (d) may not be granted | ||
| for a period longer than three school years and may be renewed only | ||
| once. | ||
| (f) A child who is eligible for enrollment in a | ||
| prekindergarten class under Subsection (b)(4), [ |
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| remains eligible for enrollment after the child begins a | ||
| prekindergarten class if, as applicable, the child's parent: | ||
| (1) leaves the armed forces; | ||
| (2) [ |
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| (3) is no longer employed as an educator by a school | ||
| district in this state[ |
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| SECTION 2.029. Section 29.1531(a), Education Code, is | ||
| amended to read as follows: | ||
| (a) A school district may offer on a tuition basis or use | ||
| district funds to provide: | ||
| (1) an additional half-day of prekindergarten classes | ||
| to children who are eligible for classes under Section 29.153 and | ||
| are under four years of age; and | ||
| (2) half-day and full-day prekindergarten classes to | ||
| children not eligible for classes under Section 29.153. | ||
| SECTION 2.030. Section 29.1532(c), Education Code, is | ||
| amended to read as follows: | ||
| (c) A school district that offers prekindergarten classes[ |
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| district's Public Education Information Management System (PEIMS) | ||
| report: | ||
| (1) demographic information, as determined by the | ||
| commissioner, on students enrolled in district and campus | ||
| prekindergarten classes, including the number of students who are | ||
| eligible for classes under Section 29.153; | ||
| (2) the numbers of half-day and full-day | ||
| prekindergarten classes offered by the district and campus; | ||
| (3) the number of half-day prekindergarten classes for | ||
| which the district has received an exemption from full-day | ||
| operation under Section 29.153(d); | ||
| (4) the sources of funding for the prekindergarten | ||
| classes; | ||
| (5) [ |
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| staff to students for each prekindergarten program class offered by | ||
| the district and campus; | ||
| (6) [ |
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| assessment instrument under Section 29.169 to students enrolled in | ||
| district and campus prekindergarten program classes, a description | ||
| and the results of each type of assessment instrument; and | ||
| (7) [ |
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| prekindergarten program classes. | ||
| SECTION 2.031. Section 29.1543, Education Code, is amended | ||
| to read as follows: | ||
| Sec. 29.1543. EARLY EDUCATION REPORTS. The agency shall | ||
| produce and make available to the public on the agency's Internet | ||
| website annual district and campus-level reports containing | ||
| information from the previous school year on early education in | ||
| school districts and open-enrollment charter schools. A report | ||
| under this section must contain: | ||
| (1) the information required by Section 29.1532(c) to | ||
| be reported through the Public Education Information Management | ||
| System (PEIMS); | ||
| (2) a description of the diagnostic reading | ||
| instruments administered in accordance with Section 28.006(c) or | ||
| (c-2); | ||
| (3) the number of students who were administered a | ||
| diagnostic reading instrument administered in accordance with | ||
| Section 28.006(c) or (c-2); | ||
| (4) the number of students whose scores from a | ||
| diagnostic reading instrument administered in accordance with | ||
| Section 28.006(c) or (c-2) indicate reading proficiency; [ |
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| (5) the number of kindergarten students who were | ||
| enrolled in a prekindergarten program in the previous school year | ||
| in the same district or school as the district or school in which | ||
| the student attends kindergarten; | ||
| (6) the number and percentage of students who perform | ||
| satisfactorily on the third grade reading or mathematics assessment | ||
| instrument administered under Section 39.023, disaggregated by | ||
| whether the student was eligible for free prekindergarten under | ||
| Section 29.153; | ||
| (7) the number of students described by Subdivision | ||
| (6) who attended kindergarten in the district, disaggregated by: | ||
| (A) whether the student met the kindergarten | ||
| readiness standard on the reading instrument adopted under Section | ||
| 28.006; | ||
| (B) whether the student attended prekindergarten | ||
| in the district; and | ||
| (C) the type of prekindergarten the student | ||
| attended, if applicable; and | ||
| (8) the information described by Subdivisions (6) and | ||
| (7) disaggregated by whether the student is educationally | ||
| disadvantaged. | ||
| SECTION 2.032. Section 29.162, Education Code, is amended | ||
| to read as follows: | ||
| Sec. 29.162. RULES [ |
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| subchapter, including rules establishing full-day and half-day | ||
| minutes of operation requirements as provided by Section 25.081. | ||
| (b) Section 2001.0045, Government Code, does not apply to | ||
| rules adopted under this section. | ||
| SECTION 2.033. The heading to Subchapter E-1, Chapter 29, | ||
| Education Code, is amended to read as follows: | ||
| SUBCHAPTER E-1. HIGH QUALITY PREKINDERGARTEN [ |
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| REQUIREMENTS | ||
| SECTION 2.034. Section 29.164, Education Code, is amended | ||
| to read as follows: | ||
| Sec. 29.164. DEFINITION. In this subchapter, "program" | ||
| means a high quality prekindergarten [ |
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| Section 29.153(c-1) to be provided free of tuition or fees in | ||
| accordance with this subchapter. | ||
| SECTION 2.035. Section 29.167(a), Education Code, is | ||
| amended to read as follows: | ||
| (a) A school district shall select and implement a | ||
| curriculum for a prekindergarten [ |
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| (1) includes the prekindergarten guidelines | ||
| established by the agency; | ||
| (2) measures the progress of students in meeting the | ||
| recommended learning outcomes; and | ||
| (3) does not use national curriculum standards | ||
| developed by the Common Core State Standards Initiative. | ||
| SECTION 2.036. Section 29.170(a), Education Code, is | ||
| amended to read as follows: | ||
| (a) The commissioner shall evaluate the use and | ||
| effectiveness of prekindergarten funding [ |
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| identify effective instruction strategies implemented by school | ||
| districts under this subchapter. | ||
| SECTION 2.037. Section 29.171(a), Education Code, is | ||
| amended to read as follows: | ||
| (a) A school district that offers a prekindergarten | ||
| [ |
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| enter into a contract with an eligible private provider to provide | ||
| services or equipment for the program. | ||
| SECTION 2.038. Section 29.172, Education Code, is amended | ||
| to read as follows: | ||
| Sec. 29.172. RULES. (a) The commissioner may adopt rules | ||
| necessary to implement this subchapter. | ||
| (b) Section 2001.0045, Government Code, does not apply to | ||
| rules adopted under this section. | ||
| SECTION 2.039. Section 29.190, Education Code, is amended | ||
| by amending Subsection (a) and adding Subsection (a-1) to read as | ||
| follows: | ||
| (a) A student is entitled to a subsidy under this section | ||
| if: | ||
| (1) the student: | ||
| (A) successfully completes the career and | ||
| technology program of a school district in which the student | ||
| receives training and instruction for employment; or | ||
| (B) is enrolled in a special education program | ||
| under Subchapter A; and | ||
| (2) the student passes a certification examination to | ||
| qualify for a license or certificate that is an industry | ||
| certification for purposes of Section 39.053(c)(1)(B)(v), | ||
| administered while the student is enrolled in a school district. | ||
| (a-1) A student may not receive more than one subsidy under | ||
| this section. | ||
| SECTION 2.040. Section 29.556(b), Education Code, is | ||
| amended to read as follows: | ||
| (b) From funds appropriated or available for that purpose, | ||
| the commissioner by rule shall establish a grant program to assist | ||
| school districts and open-enrollment charter schools in | ||
| implementing the P-TECH program at a campus designated as a P-TECH | ||
| school under Subsection (a). The commissioner may use not more than | ||
| three percent of the funds used [ |
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| program to cover the cost of administering the grant program [ |
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| SECTION 2.041. Subchapter Z, Chapter 29, Education Code, is | ||
| amended by adding Section 29.924 to read as follows: | ||
| Sec. 29.924. BLENDED LEARNING GRANT PROGRAM. (a) In this | ||
| section, "blended learning" means an instructional delivery method | ||
| that combines classroom and online instruction. | ||
| (b) From funds appropriated or available for purposes of | ||
| this section, the commissioner shall establish a grant program to | ||
| assist school districts and open-enrollment charter schools in | ||
| developing and implementing effective blended learning models, | ||
| including an innovative mathematics instructional program at a | ||
| campus designated as a mathematics innovation zone as provided by | ||
| Section 28.020. In awarding grants under the program, the | ||
| commissioner shall give priority to school districts and | ||
| open-enrollment charter schools that have the highest enrollment of | ||
| students who are educationally disadvantaged. | ||
| (c) A school district or open-enrollment charter school | ||
| that receives a grant under this section must: | ||
| (1) develop a plan to implement a blended learning | ||
| model that meets the requirements under Subsection (d); | ||
| (2) provide training to teachers and other relevant | ||
| personnel on effective blended learning practices using a program | ||
| approved by the commissioner for that purpose; | ||
| (3) after completion of the training under Subdivision | ||
| (2): | ||
| (A) certify to the agency that the blended | ||
| learning model has been implemented; and | ||
| (B) immediately following the fourth school year | ||
| of implementation, submit to the agency a report on student | ||
| outcomes under the blended learning model; and | ||
| (4) provide any other information to the agency as | ||
| necessary for the implementation of this section. | ||
| (d) A plan to implement a blended learning model developed | ||
| under Subsection (c) must: | ||
| (1) during the first year require implementation of | ||
| the model across an entire grade level at a campus and permit | ||
| subsequent expansion of the model to additional grade levels at the | ||
| campus or, if the campus has achieved full implementation of the | ||
| model across all grade levels, to additional campuses in a manner | ||
| that provides students a consistent learning experience; | ||
| (2) require teachers to differentiate instruction for | ||
| all students in a grade level using the blended learning model, | ||
| including by: | ||
| (A) using curricula and assessments that allow | ||
| each student to progress at the student's pace based on | ||
| demonstrated proficiency; | ||
| (B) providing learning opportunities that give | ||
| students, in collaboration with the teacher, control over the time, | ||
| place, path, and pace of the student's learning; and | ||
| (C) allocating a certain amount of instructional | ||
| preparation time to collaborating with students and developing | ||
| blended learning lesson plans and activities driven by individual | ||
| student needs; | ||
| (3) provide teachers and other relevant personnel with | ||
| professional development opportunities regarding blended learning; | ||
| and | ||
| (4) require the use of a proficiency-based assessment | ||
| to inform instruction and provide teachers with relevant | ||
| information regarding strengths and gaps in a student's learning | ||
| and proficiency in the essential knowledge and skills. | ||
| (e) Funds awarded under the grant program may be used only | ||
| to implement a program under this section and satisfy the | ||
| requirements under Subsection (c). | ||
| (f) A school district or open-enrollment charter school may | ||
| receive a grant under this section for not more than four | ||
| consecutive school years. | ||
| (g) The commissioner shall adopt rules as necessary to | ||
| implement this section, including rules establishing an | ||
| application and selection process for awarding grants under this | ||
| section and a list of programs that may be used for training under | ||
| Subsection (c)(2). In adopting rules under this subsection, the | ||
| commissioner may not impose any requirements on a school district's | ||
| or open-enrollment charter school's plan to implement a blended | ||
| learning model not listed under Subsection (d). | ||
| SECTION 2.042. Section 34.007, Education Code, is amended | ||
| by amending Subsection (a) and adding Subsection (a-1) to read as | ||
| follows: | ||
| (a) A board of county school trustees or a school district | ||
| board of trustees may establish and operate an economical public | ||
| school transportation system inside or outside[ |
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| [ |
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| transport students enrolled in a school in the county or in the | ||
| district along the most efficient routes. | ||
| (a-1) A county or school district that provides | ||
| transportation for a student who transferred to a school in the | ||
| county or to the district under Section 25.035 shall enter | ||
| [ |
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| [ |
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| as provided by Chapter 791, Government Code, with the sending | ||
| county or district regarding transportation for the student. | ||
| SECTION 2.043. Section 39.022, Education Code, is amended | ||
| to read as follows: | ||
| Sec. 39.022. ASSESSMENT PROGRAM. The commissioner [ |
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| assessment program that is knowledge- and skills-based to ensure | ||
| school accountability for student achievement that achieves the | ||
| goals provided under Section 4.002. After adopting rules under this | ||
| section, the commissioner [ |
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| the importance of maintaining stability in the statewide assessment | ||
| program when adopting any subsequent modification of the rules. | ||
| SECTION 2.044. Section 39.023, Education Code, is amended | ||
| by amending Subsections (a), (a-12), (a-13), (b-1), (c), and (c-3) | ||
| and adding Subsections (a-3), (a-14), (a-15), (c-7), (c-8), and (o) | ||
| to read as follows: | ||
| (a) The agency shall adopt or develop appropriate | ||
| criterion-referenced assessment instruments designed to assess | ||
| essential knowledge and skills in language arts [ |
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| mathematics, social studies, and science. Except as provided by | ||
| Subsection (a-2), all students, other than students assessed under | ||
| Subsection (b) or (l) or exempted under Section 39.027, shall be | ||
| assessed in: | ||
| (1) mathematics, annually in grades three through | ||
| [ |
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| (2) language arts, including reading and writing, | ||
| annually in grades three through eight; | ||
| (3) [ |
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| [ |
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| (4) [ |
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| (5) [ |
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| federal law. | ||
| (a-3) For purposes of Subsection (a)(1), the commissioner | ||
| by rule may designate sections of a mathematics assessment | ||
| instrument for a grade level that: | ||
| (1) may be completed with the aid of technology; and | ||
| (2) must be completed without the aid of technology. | ||
| (a-12) Each [ |
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| under Subsection (a) must be designed so that: | ||
| (1) if administered to students in grades three | ||
| through five, 85 percent of students will be able to complete all | ||
| [ |
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| aggregate period equal to the number of assessment instruments for | ||
| that grade multiplied by 120 minutes; and | ||
| (2) if administered to students in grades six through | ||
| eight, 85 percent of students will be able to complete all [ |
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| assessment instruments for that grade [ |
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| aggregate period equal to the number of assessment instruments for | ||
| that grade multiplied by 180 minutes. | ||
| (a-13) The amount of time allowed for administration of an | ||
| assessment instrument adopted or developed under Subsection (a) may | ||
| not exceed eight hours, and the administration may occur in | ||
| multiple parts over more than [ |
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| (a-14) Subsections (a-12) and (a-13) do not apply to the | ||
| administration of assessment instruments for a grade level if the | ||
| time restriction imposed would result in a determination by the | ||
| commissioner that an assessment instrument is no longer valid and | ||
| reliable. | ||
| (a-15) Subsections (a-12) and (a-13) do not apply to a | ||
| classroom portfolio method used to assess writing performance. | ||
| (b-1) The agency, in conjunction with appropriate | ||
| interested persons, shall redevelop assessment instruments adopted | ||
| or developed under Subsection (b) for administration to | ||
| significantly cognitively disabled students in a manner consistent | ||
| with federal law. An assessment instrument under this subsection | ||
| may not require a teacher to prepare tasks or materials for a | ||
| student who will be administered such an assessment instrument. A | ||
| classroom portfolio method used to assess writing performance may | ||
| require a teacher to prepare tasks and materials [ |
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| (c) The agency shall also adopt end-of-course assessment | ||
| instruments for secondary-level courses in Algebra I, biology, | ||
| English I, English II, and United States history. The Algebra I | ||
| end-of-course assessment instrument must be administered with the | ||
| aid of technology, but may include one or more parts that prohibit | ||
| the use of technology. The English I and English II end-of-course | ||
| assessment instruments must each assess essential knowledge and | ||
| skills in both reading and writing [ |
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| shall comply with commissioner [ |
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| regarding administration of the assessment instruments listed in | ||
| this subsection. If a student is in a special education program | ||
| under Subchapter A, Chapter 29, the student's admission, review, | ||
| and dismissal committee shall determine whether any allowable | ||
| modification is necessary in administering to the student an | ||
| assessment instrument required under this subsection. The | ||
| commissioner [ |
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| assessment instruments. An end-of-course assessment instrument | ||
| may be administered in multiple parts over more than one day [ |
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| (c-3) Except as provided by Subsection (c-7), in [ |
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| adopting a schedule for the administration of assessment | ||
| instruments under this section, the commissioner [ |
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| [ |
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| Subsection (a) or (c) are not [ |
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| instructional day of a week [ |
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| (c-7) Subsection (c-3) does not apply to a classroom | ||
| portfolio method used to assess writing performance if student | ||
| performance under that method is less than 50 percent of a student's | ||
| overall assessed performance in writing. | ||
| (c-8) Beginning with the 2022-2023 school year, an | ||
| assessment instrument developed under Subsection (a) or (c) may not | ||
| present more than 75 percent of the questions in a multiple choice | ||
| format. | ||
| (o) The agency shall adopt or develop optional interim | ||
| assessment instruments for each subject or course for each grade | ||
| level subject to assessment under this section. A school district | ||
| may not be required to administer interim assessment instruments | ||
| adopted or developed under this subsection. An interim assessment | ||
| instrument: | ||
| (1) must be: | ||
| (A) predictive of the assessment instrument for | ||
| the applicable subject or course for that grade level required | ||
| under this section; and | ||
| (B) administered electronically; and | ||
| (2) may not be used for accountability purposes. | ||
| SECTION 2.045. Subchapter B, Chapter 39, Education Code, is | ||
| amended by adding Section 39.02302 to read as follows: | ||
| Sec. 39.02302. ADVISORY COMMITTEES FOR ASSESSMENT | ||
| INSTRUMENTS. (a) The commissioner shall appoint a technical | ||
| advisory committee to advise the commissioner and the agency | ||
| regarding the development of valid and reliable assessment | ||
| instruments for purposes of this chapter. The members of the | ||
| committee must be experts on educational assessments and | ||
| psychometrics. | ||
| (b) The commissioner shall appoint an educator advisory | ||
| committee to advise the commissioner and the agency regarding the | ||
| development of academically appropriate assessment instruments for | ||
| purposes of this chapter. The members of the committee must include | ||
| experts in curriculum and instruction. | ||
| (c) The agency may compensate a member of the technical or | ||
| educator advisory committee or reimburse the member for expenses | ||
| incurred in the performance of duties related to the member's | ||
| service on the committee. | ||
| (d) The selection of or payment to a member of the technical | ||
| or educator advisory committee is not subject to Chapter 2254, | ||
| Government Code. | ||
| SECTION 2.046. Section 39.0234, Education Code, is amended | ||
| to read as follows: | ||
| Sec. 39.0234. ELECTRONIC ADMINISTRATION OF ASSESSMENT | ||
| INSTRUMENTS [ |
||
| assessment instruments required under Section 39.023 are capable of | ||
| being administered electronically [ |
||
| (b) A school district shall administer each assessment | ||
| instrument required under Section 39.023 electronically unless the | ||
| district receives a waiver from the commissioner. This subsection | ||
| does not apply to the administration of an assessment instrument to | ||
| a student who requires accommodations in the administration of the | ||
| assessment instrument that are not available if administered | ||
| electronically. | ||
| (c) Except as provided by Section 39.02341, a school | ||
| district must comply with Subsection (b) beginning with the | ||
| 2022-2023 school year. This subsection expires September 1, 2022. | ||
| [ |
||
|
|
||
|
|
||
| SECTION 2.047. Subchapter B, Chapter 39, Education Code, is | ||
| amended by adding Sections 39.02341 and 39.0236 to read as follows: | ||
| Sec. 39.02341. TRANSITION TO ELECTRONIC ADMINISTRATION OF | ||
| ASSESSMENT INSTRUMENTS. (a) The agency shall develop a transition | ||
| plan to administer all assessment instruments required under | ||
| Section 39.023 electronically beginning not later than the | ||
| 2022-2023 school year. | ||
| (b) As part of the transition plan, the agency may provide | ||
| results on an assessment instrument required under Section 39.023 | ||
| on an accelerated schedule to school districts that administer the | ||
| assessment instrument electronically. For purposes of this | ||
| subsection, the commissioner by rule may require the results on an | ||
| assessment instrument administered electronically to be reported | ||
| to the district as soon as practicable after administration. | ||
| (c) As part of the transition plan, the commissioner may | ||
| require a school district to comply with Section 39.0234(b) before | ||
| the 2022-2023 school year. | ||
| (d) Not later than December 1, 2020, the agency shall submit | ||
| to the governor and the members of the legislature a report on the | ||
| progress of transitioning to electronic administration of all | ||
| assessment instruments required under Section 39.023. The report | ||
| must include: | ||
| (1) information from school districts assessing the | ||
| needs of those districts in transitioning to electronic | ||
| administration; | ||
| (2) any recommended changes to state law to assist in | ||
| the transition; and | ||
| (3) any recommended adjustments to the timeline for | ||
| statewide implementation of electronic administration. | ||
| (e) Not later than December 1, 2022, the agency shall submit | ||
| to the members of the legislature a report on the anticipated impact | ||
| to school districts of the implementation of electronic | ||
| administration of all assessment instruments required under | ||
| Section 39.023. | ||
| (f) This section expires September 1, 2023. | ||
| Sec. 39.0236. INTEGRATED FORMATIVE ASSESSMENT PILOT | ||
| PROGRAM. (a) The agency shall establish a pilot program in which | ||
| participating school districts administer to students integrated | ||
| formative assessment instruments for subjects or courses for a | ||
| grade level subject to assessment under Section 28.006 or 39.023. | ||
| (b) A school district may elect to participate in the pilot | ||
| program. | ||
| (c) A school district's participation in the pilot program | ||
| does not affect the district's obligations regarding the | ||
| administration of assessment instruments required under Section | ||
| 39.023. | ||
| (d) Not later than December 1 of each even-numbered year, | ||
| the agency shall submit to the governor and the members of the | ||
| legislature a report on the pilot program that includes: | ||
| (1) an analysis of whether the administration of | ||
| integrated formative assessment instruments under the pilot | ||
| program provided any improvement in instructional support during | ||
| the preceding two school years; and | ||
| (2) a determination of the feasibility of replacing | ||
| the assessment instruments required under Section 39.023 with | ||
| integrated formative assessment instruments. | ||
| SECTION 2.048. Section 39.0241(a), Education Code, is | ||
| amended to read as follows: | ||
| (a) The commissioner shall determine the level of | ||
| performance considered to be satisfactory on the assessment | ||
| instruments, including: | ||
| (1) a meets grade level performance standard in the | ||
| applicable subject or course that indicates that a student has a | ||
| high likelihood of success in the subject for the subsequent grade | ||
| level or in the subsequent course but may still need short-term, | ||
| targeted intervention; and | ||
| (2) a masters grade level performance standard in the | ||
| applicable subject or course that indicates that a student is | ||
| expected to succeed in the subject for the subsequent grade level or | ||
| in the subsequent course with little or no academic intervention. | ||
| SECTION 2.049. Section 39.026, Education Code, is amended | ||
| to read as follows: | ||
| Sec. 39.026. LOCAL OPTION. In addition to the assessment | ||
| instruments adopted by the agency [ |
||
|
|
||
| criterion-referenced or norm-referenced assessment instruments, or | ||
| both, at any grade level. A norm-referenced assessment instrument | ||
| adopted under this section must be economical, nationally | ||
| recognized, and state-approved. | ||
| SECTION 2.050. Sections 39.0261(a), (e), and (f), Education | ||
| Code, are amended to read as follows: | ||
| (a) In addition to the assessment instruments otherwise | ||
| authorized or required by this subchapter: | ||
| (1) each school year and at state cost, a school | ||
| district may administer to students in the spring of the eighth | ||
| grade an established, valid, reliable, and nationally | ||
| norm-referenced preliminary college preparation assessment | ||
| instrument for the purpose of diagnosing the academic strengths and | ||
| deficiencies of students before entrance into high school; | ||
| (2) each school year and at state cost, a school | ||
| district may administer to students in the 10th grade an | ||
| established, valid, reliable, and nationally norm-referenced | ||
| preliminary college preparation assessment instrument for the | ||
| purpose of measuring a student's progress toward readiness for | ||
| college and the workplace; and | ||
| (3) high school students in the spring of the 11th | ||
| grade or during the 12th grade may select and take once, at state | ||
| cost: | ||
| (A) [ |
||
| nationally norm-referenced assessment instruments used by colleges | ||
| and universities as part of their undergraduate admissions | ||
| processes; or | ||
| (B) the assessment instrument designated by the | ||
| Texas Higher Education Coordinating Board under Section 51.334. | ||
| (e) Subsection (a)(3) does not prohibit a high school | ||
| student [ |
||
| from selecting and taking, at the student's own expense, an | ||
| assessment instrument described by that subdivision [ |
||
|
|
||
|
|
||
|
|
||
| (f) The provisions of this section regarding assessment | ||
| instruments administered under Subsection (a)(1) or (2) apply only | ||
| if the legislature appropriates funds for those purposes [ |
||
|
|
||
| SECTION 2.051. Section 39A.105, Education Code, is amended | ||
| to read as follows: | ||
| Sec. 39A.105. CONTENTS OF CAMPUS TURNAROUND PLAN. (a) A | ||
| campus turnaround plan must include: | ||
| (1) details on the method for restructuring, | ||
| reforming, or reconstituting the campus; | ||
| (2) a detailed description of the academic programs to | ||
| be offered at the campus, including: | ||
| (A) instructional methods; | ||
| (B) length of school day and school year; | ||
| (C) academic credit and promotion criteria; and | ||
| (D) programs to serve special student | ||
| populations; | ||
| (3) if a district charter is to be granted for the | ||
| campus under Section 12.0522: | ||
| (A) the term of the charter; and | ||
| (B) information on the implementation of the | ||
| charter; | ||
| (4) written comments from: | ||
| (A) the campus-level committee established under | ||
| Section 11.251, if applicable; | ||
| (B) parents; and | ||
| (C) teachers at the campus; and | ||
| (5) a detailed description of the budget, staffing, | ||
| and financial resources required to implement the plan, including | ||
| any supplemental resources to be provided by the school district or | ||
| other identified sources. | ||
| (b) A campus may submit an accelerated campus excellence | ||
| turnaround plan as provided by this subsection. The plan must | ||
| provide: | ||
| (1) the assignment of a principal to the campus who has | ||
| demonstrated a history of improvement in student academic growth at | ||
| campuses in which the principal has previously worked; | ||
| (2) that the principal has final authority over | ||
| personnel decisions at the campus; | ||
| (3) that at least 80 percent of the classroom teachers | ||
| assigned to the campus be teachers who performed in the top quartile | ||
| of teachers in the district that employed the teacher during the | ||
| previous school year, with performance determined by: | ||
| (A) for a teacher who taught in the district | ||
| during the previous school year: | ||
| (i) the teacher's impact on student growth; | ||
| and | ||
| (ii) an evaluation of the teacher based on | ||
| classroom observation; and | ||
| (B) for a teacher who did not teach in the | ||
| district during the previous school year, data and other evidence | ||
| indicating that if the teacher had taught in the district during the | ||
| previous school year, the teacher would have performed in the top | ||
| quartile of teachers in the district; | ||
| (4) a detailed description of the employment and | ||
| compensation structures for the principal and classroom teachers, | ||
| which must include: | ||
| (A) significant incentives for a high-performing | ||
| principal or teacher to remain at the campus; and | ||
| (B) a three-year commitment by the district to | ||
| continue incentives for the principal and teachers; | ||
| (5) policies and procedures for the implementation of | ||
| best practices at the campus, including: | ||
| (A) data-driven instructional practices; | ||
| (B) a system of observation of and feedback for | ||
| classroom teachers; | ||
| (C) positive student culture on the campus; | ||
| (D) family and community engagement, including | ||
| partnerships with parent and community groups; and | ||
| (E) extended learning opportunities for | ||
| students, which may include service or workforce learning | ||
| opportunities; and | ||
| (6) assistance by a third-party provider that is | ||
| approved by the commissioner in the development and implementation | ||
| of the district's plan. | ||
| SECTION 2.052. Section 39A.107, Education Code, is amended | ||
| by adding Subsection (a-3) to read as follows: | ||
| (a-3) Notwithstanding Subsection (a), the commissioner | ||
| shall approve a campus turnaround plan that the commissioner | ||
| determines meets the requirements for an accelerated campus | ||
| excellence turnaround plan under Section 39A.105(b). | ||
| SECTION 2.053. Subchapter C, Chapter 39A, Education Code, | ||
| is amended by adding Section 39A.116 to read as follows: | ||
| Sec. 39A.116. COMMISSIONER AUTHORITY. A decision by the | ||
| commissioner under this subchapter is final and may not be | ||
| appealed. | ||
| SECTION 2.054. 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) a salary increase paid to classroom teachers and | ||
| librarians under Section 21.4023, Education Code. | ||
| ARTICLE 3. CONFORMING CHANGES | ||
| SECTION 3.001. Sections 7.055(b)(34) and (35), Education | ||
| Code, are amended to read as follows: | ||
| (34) The commissioner shall perform duties in | ||
| connection with the options for local revenue levels in excess of | ||
| entitlement [ |
||
| (35) The commissioner shall perform duties in | ||
| connection with the Foundation School Program as prescribed by | ||
| Chapter 48 [ |
||
| SECTION 3.002. Sections 7.062(a) and (c), Education Code, | ||
| are amended to read as follows: | ||
| (a) In this section, "wealth per student" means a school | ||
| district's taxable value of property as determined under Subchapter | ||
| M, Chapter 403, Government Code, or, if applicable, Section 48.258 | ||
| [ |
||
| determined under Section 48.005 [ |
||
| (c) Except as otherwise provided by this subsection, if the | ||
| commissioner certifies that the amount appropriated for a state | ||
| fiscal year for purposes of Subchapters A and B, Chapter 46, exceeds | ||
| the amount to which school districts are entitled under those | ||
| subchapters for that year, the commissioner shall use the excess | ||
| funds, in an amount not to exceed $20 million in any state fiscal | ||
| year, for the purpose of making grants under this section. The use | ||
| of excess funds under this subsection has priority over any | ||
| provision of Chapter 48 [ |
||
| excess foundation school program funds, including Sections 48.258 | ||
| [ |
||
| commissioner is required to use excess funds as provided by this | ||
| subsection only if the commissioner is not required to reduce the | ||
| total amount of state funds allocated to school districts under | ||
| Section 48.266(f) [ |
||
| SECTION 3.003. Section 7.102(c)(30), Education Code, is | ||
| amended to read as follows: | ||
| (30) The board shall perform duties in connection with | ||
| the Foundation School Program as prescribed by Chapter 48 [ |
||
| SECTION 3.004. Section 8.051(d), Education Code, is amended | ||
| to read as follows: | ||
| (d) Each regional education service center shall maintain | ||
| core services for purchase by school districts and campuses. The | ||
| core services are: | ||
| (1) training and assistance in: | ||
| (A) teaching each subject area assessed under | ||
| Section 39.023; and | ||
| (B) providing instruction in personal financial | ||
| literacy as required under Section 28.0021; | ||
| (2) training and assistance in providing a gifted and | ||
| talented program and each program that qualifies for a funding | ||
| allotment under Section 48.102 [ |
||
| [ |
||
| (3) assistance specifically designed for a school | ||
| district or campus assigned an unacceptable performance rating | ||
| under Section 39.054; | ||
| (4) training and assistance to teachers, | ||
| administrators, members of district boards of trustees, and members | ||
| of site-based decision-making committees; | ||
| (5) assistance specifically designed for a school | ||
| district that is considered out of compliance with state or federal | ||
| special education requirements, based on the agency's most recent | ||
| compliance review of the district's special education programs; and | ||
| (6) assistance in complying with state laws and rules. | ||
| SECTION 3.005. Section 8.056, Education Code, is amended to | ||
| read as follows: | ||
| Sec. 8.056. LIMITATION ON COMPENSATION FOR CERTAIN | ||
| SERVICES. A regional education service center that acts as a fiscal | ||
| agent or broker in connection with an agreement between two school | ||
| districts under Subchapter E, Chapter 49 [ |
||
| authorized in writing by the district receiving transferred funds | ||
| in accordance with the agreement: | ||
| (1) be compensated by the districts in an amount that | ||
| exceeds the administrative cost of providing the service; or | ||
| (2) otherwise retain for use by the center any amount | ||
| other than the compensation permitted under Subdivision (1) from | ||
| the funds transferred between the districts in accordance with the | ||
| agreement. | ||
| SECTION 3.006. 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, except that the board may not charge a fee for | ||
| transportation for which the school district receives funds under | ||
| Section 48.151(d) [ |
||
| (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; or | ||
| (16) if the district does not receive any funds under | ||
| Section 48.151 [ |
||
| transportation system for which an allotment is provided under | ||
| Section 48.151(i) [ |
||
| transportation of a student to and from the school the student | ||
| attends. | ||
| SECTION 3.007. Section 11.174(a), Education Code, is | ||
| amended to read as follows: | ||
| (a) A school district campus qualifies for an exemption from | ||
| intervention as provided by Subsection (f) and qualifies for | ||
| funding as provided by Section 48.252 [ |
||
| trustees of the district contracts to partner to operate the | ||
| district campus as provided by this section with: | ||
| (1) the governing body of an open-enrollment charter | ||
| school; or | ||
| (2) on approval by the commissioner, an entity granted | ||
| a charter by the district under Subchapter C, Chapter 12, that is | ||
| eligible to be awarded a charter under Section 12.101(a). | ||
| SECTION 3.008. Section 12.013(b), Education Code, is | ||
| amended to read as follows: | ||
| (b) A home-rule school district is subject to: | ||
| (1) a provision of this title establishing a criminal | ||
| offense; | ||
| (2) a provision of this title relating to limitations | ||
| on liability; and | ||
| (3) a prohibition, restriction, or requirement, as | ||
| applicable, imposed by this title or a rule adopted under this | ||
| title, relating to: | ||
| (A) the Public Education Information Management | ||
| System (PEIMS) to the extent necessary to monitor compliance with | ||
| this subchapter as determined by the commissioner; | ||
| (B) educator certification under Chapter 21 and | ||
| educator rights under Sections 21.407, 21.408, and 22.001; | ||
| (C) criminal history records under Subchapter C, | ||
| Chapter 22; | ||
| (D) student admissions under Section 25.001; | ||
| (E) school attendance under Sections 25.085, | ||
| 25.086, and 25.087; | ||
| (F) inter-district or inter-county transfers of | ||
| students under Subchapter B, Chapter 25; | ||
| (G) elementary class size limits under Section | ||
| 25.112, in the case of any campus in the district that fails to | ||
| satisfy any standard under Section 39.054(e); | ||
| (H) high school graduation under Section 28.025; | ||
| (I) special education programs under Subchapter | ||
| A, Chapter 29; | ||
| (J) bilingual education under Subchapter B, | ||
| Chapter 29; | ||
| (K) prekindergarten programs under Subchapter E, | ||
| Chapter 29; | ||
| (L) safety provisions relating to the | ||
| transportation of students under Sections 34.002, 34.003, 34.004, | ||
| and 34.008; | ||
| (M) computation and distribution of state aid | ||
| under Chapters 31, [ |
||
| (N) extracurricular activities under Section | ||
| 33.081; | ||
| (O) health and safety under Chapter 38; | ||
| (P) public school accountability under | ||
| Subchapters B, C, D, and J, Chapter 39, and Chapter 39A; | ||
| (Q) options for local revenue levels in excess of | ||
| entitlement [ |
||
| (R) a bond or other obligation or tax rate under | ||
| Chapters [ |
||
| (S) purchasing under Chapter 44. | ||
| SECTION 3.009. Section 12.029(b), Education Code, is | ||
| amended to read as follows: | ||
| (b) Except as provided by Subchapter H, Chapter 49 [ |
||
| two or more school districts having different status, one of which | ||
| is home-rule school district status, consolidate into a single | ||
| district, the petition under Section 13.003 initiating the | ||
| consolidation must state the status for the consolidated district. | ||
| The ballot shall be printed to permit voting for or against the | ||
| proposition: "Consolidation of (names of school districts) into a | ||
| single school district governed as (status of school district | ||
| specified in the petition)." | ||
| SECTION 3.010. Section 13.051(c), Education Code, is | ||
| amended to read as follows: | ||
| (c) Territory that does not have residents may be detached | ||
| from a school district and annexed to another school district if: | ||
| (1) the total taxable value of the property in the | ||
| territory according to the most recent certified appraisal roll for | ||
| each school district is not greater than: | ||
| (A) five percent of the district's taxable value | ||
| of all property in that district as determined under Subchapter M, | ||
| Chapter 403, Government Code; and | ||
| (B) $5,000 property value per student in average | ||
| daily attendance as determined under Section 48.005 [ |
||
| (2) the school district from which the property will | ||
| be detached does not own any real property located in the territory. | ||
| SECTION 3.011. Sections 13.054(f) and (i), Education Code, | ||
| are amended to read as follows: | ||
| (f) For five years beginning with the school year in which | ||
| the annexation occurs, a school district shall receive additional | ||
| funding under this subsection or Subsection (h). The amount of | ||
| funding shall be determined by multiplying the lesser of the | ||
| enlarged district's local fund assignment computed under Section | ||
| 48.256 [ |
||
| a fraction, the numerator of which is the number of students | ||
| residing in the territory annexed to the receiving district | ||
| preceding the date of the annexation and the denominator of which is | ||
| the number of students residing in the district as enlarged on the | ||
| date of the annexation. | ||
| (i) The funding provided under Subsection (f), (g), or (h) | ||
| is in addition to other funding the district receives through other | ||
| provisions of this code, including Chapters 48 [ |
||
| SECTION 3.012. Sections 13.282(a) and (b), Education Code, | ||
| are amended to read as follows: | ||
| (a) The amount of incentive aid payments may not exceed the | ||
| difference between: | ||
| (1) the sum of the entitlements computed under Section | ||
| 48.266 [ |
||
| in the reorganized district if the districts had not been | ||
| consolidated; and | ||
| (2) the amount to which the reorganized district is | ||
| entitled under Section 48.266 [ |
||
| (b) If the reorganized district is not eligible for an | ||
| entitlement under Section 48.266 [ |
||
| incentive aid payments may not exceed the sum of the entitlements | ||
| computed under Section 48.266 [ |
||
| included in the reorganized district were eligible in the school | ||
| year when they were consolidated. | ||
| SECTION 3.013. Section 13.283, Education Code, is amended | ||
| to read as follows: | ||
| Sec. 13.283. PAYMENTS REDUCED. The incentive aid payments | ||
| shall be reduced in direct proportion to any reduction in the | ||
| average daily attendance as determined under Section 48.005 | ||
| [ |
||
| SECTION 3.014. Section 21.402(a), Education Code, is | ||
| amended to read as follows: | ||
| (a) Except as provided by Subsection (e-1) or (f), a school | ||
| district must pay each classroom teacher, full-time librarian, | ||
| full-time school counselor certified under Subchapter B, or | ||
| full-time school nurse not less than the minimum monthly salary, | ||
| based on the employee's level of experience in addition to other | ||
| factors, as determined by commissioner rule, determined by the | ||
| following formula: | ||
| MS = SF x FS | ||
| where: | ||
| "MS" is the minimum monthly salary; | ||
| "SF" is the applicable salary factor specified by Subsection | ||
| (c); and | ||
| "FS" is the amount, as determined by the commissioner under | ||
| Subsection (b), of the basic allotment as provided by Section | ||
| 48.051(a) [ |
||
| maintenance and operations tax rate at least equal to the state | ||
| maximum compressed tax rate, as defined by Section 48.051(a) | ||
| [ |
||
| SECTION 3.015. Section 21.4021(a), Education Code, is | ||
| amended to read as follows: | ||
| (a) Notwithstanding Section 21.401 and subject to Section | ||
| 21.4022, the board of trustees of a school district may, in | ||
| accordance with district policy, implement a furlough program and | ||
| reduce the number of days of service otherwise required under | ||
| Section 21.401 by not more than six days of service during a school | ||
| year if the commissioner certifies in accordance with Section | ||
| 48.010 [ |
||
| and local funding for that year than was provided to the district | ||
| for the 2010-2011 school year. | ||
| SECTION 3.016. Section 21.410(h), Education Code, is | ||
| amended to read as follows: | ||
| (h) A grant a school district receives under this section is | ||
| in addition to any funding the district receives under Chapter 48 | ||
| [ |
||
| with the Foundation School Program payment to which the district is | ||
| entitled as soon as practicable after the end of the school year as | ||
| determined by the commissioner. A district to which Chapter 49 [ |
||
| applies is entitled to the grants paid under this section. The | ||
| commissioner shall determine the timing of the distribution of | ||
| grants to a district that does not receive Foundation School | ||
| Program payments. | ||
| SECTION 3.017. Section 21.411(h), Education Code, is | ||
| amended to read as follows: | ||
| (h) A grant a school district receives under this section is | ||
| in addition to any funding the district receives under Chapter 48 | ||
| [ |
||
| with the Foundation School Program payment to which the district is | ||
| entitled as soon as practicable after the end of the school year as | ||
| determined by the commissioner. A district to which Chapter 49 [ |
||
| applies is entitled to the grants paid under this section. The | ||
| commissioner shall determine the timing of the distribution of | ||
| grants to a district that does not receive Foundation School | ||
| Program payments. | ||
| SECTION 3.018. Section 21.412(h), Education Code, is | ||
| amended to read as follows: | ||
| (h) A grant a school district receives under this section is | ||
| in addition to any funding the district receives under Chapter 48 | ||
| [ |
||
| with the Foundation School Program payment to which the district is | ||
| entitled as soon as practicable after the end of the school year as | ||
| determined by the commissioner. A district to which Chapter 49 [ |
||
| applies is entitled to the grants paid under this section. The | ||
| commissioner shall determine the timing of the distribution of | ||
| grants to a district that does not receive Foundation School | ||
| Program payments. | ||
| SECTION 3.019. Section 21.413(h), Education Code, is | ||
| amended to read as follows: | ||
| (h) A grant a school district receives under this section is | ||
| in addition to any funding the district receives under Chapter 48 | ||
| [ |
||
| with the Foundation School Program payment to which the district is | ||
| entitled as soon as practicable after the end of the school year as | ||
| determined by the commissioner. A district to which Chapter 49 [ |
||
| applies is entitled to the grants paid under this section. The | ||
| commissioner shall determine the timing of the distribution of | ||
| grants to a district that does not receive Foundation School | ||
| Program payments. | ||
| SECTION 3.020. Section 25.001(a), Education Code, is | ||
| amended to read as follows: | ||
| (a) A person who, on the first day of September of any school | ||
| year, is at least five years of age and under 21 years of age, or is | ||
| at least 21 years of age and under 26 years of age and is admitted by | ||
| a school district to complete the requirements for a high school | ||
| diploma is entitled to the benefits of the available school fund for | ||
| that year. Any other person enrolled in a prekindergarten class | ||
| under Section 29.153 [ |
||
| to the benefits of the available school fund. | ||
| SECTION 3.021. Section 25.008(b), Education Code, is | ||
| amended to read as follows: | ||
| (b) Subsection (a) does not apply to enrollment in a program | ||
| under Section 29.088 or [ |
||
| intensive program. | ||
| SECTION 3.022. Section 25.081(e), Education Code, is | ||
| amended to read as follows: | ||
| (e) A school district or education program is exempt from | ||
| the minimum minutes of operation requirement if the district's or | ||
| program's average daily attendance is calculated under Section | ||
| 48.005(j) [ |
||
| SECTION 3.023. Section 25.081(f), Education Code, as added | ||
| by Chapter 851 (H.B. 2442), Acts of the 85th Legislature, Regular | ||
| Session, 2017, is amended to read as follows: | ||
| (f) The commissioner may proportionally reduce the amount | ||
| of funding a district receives under Chapter [ |
||
| 49 and the average daily attendance calculation for the district if | ||
| the district operates on a calendar that provides fewer minutes of | ||
| operation than required under Subsection (a). | ||
| SECTION 3.024. Sections 25.112(a) and (b), Education Code, | ||
| are amended to read as follows: | ||
| (a) Except as otherwise authorized by this section, a school | ||
| district may not enroll more than 22 students in a kindergarten, | ||
| first, second, third, or fourth grade class. That limitation does | ||
| not apply during: | ||
| (1) any 12-week period of the school year selected by | ||
| the district, in the case of a district whose average daily | ||
| attendance is adjusted under Section 48.005(c) [ |
||
| (2) the last 12 weeks of any school year in the case of | ||
| any other district. | ||
| (b) Not later than the 30th day after the first day of the | ||
| 12-week period for which a district whose average daily attendance | ||
| is adjusted under Section 48.005(c) [ |
||
| exemption under Subsection (a), the district shall notify the | ||
| commissioner in writing that the district is claiming an exemption | ||
| for the period stated in the notice. | ||
| SECTION 3.025. Section 28.0061(b), Education Code, is | ||
| amended to read as follows: | ||
| (b) A school district is eligible to participate in the | ||
| pilot program if, as determined by the commissioner, the district | ||
| has low student performance on: | ||
| (1) a reading instrument administered in accordance | ||
| with Section 28.006(c) or (c-2); or | ||
| (2) a third grade reading assessment instrument | ||
| administered under Section 39.023(a). | ||
| SECTION 3.026. Section 28.0211(m-1), Education Code, is | ||
| amended to read as follows: | ||
| (m-1) For purposes of certification under Subsection (m), | ||
| the commissioner may not consider Foundation School Program funds | ||
| except for compensatory education funds under Section 48.104 | ||
| [ |
||
| certifies that sufficient funds have been appropriated during a | ||
| school year for administering the accelerated instruction programs | ||
| specified under this section and Section 28.0217, including teacher | ||
| training for that purpose. | ||
| SECTION 3.027. Section 29.001, Education Code, is amended | ||
| to read as follows: | ||
| Sec. 29.001. STATEWIDE PLAN. The agency shall develop, and | ||
| modify as necessary, a statewide design, consistent with federal | ||
| law, for the delivery of services to children with disabilities in | ||
| this state that includes rules for the administration and funding | ||
| of the special education program so that a free appropriate public | ||
| education is available to all of those children between the ages of | ||
| three and 21. The statewide design shall include the provision of | ||
| services primarily through school districts and shared services | ||
| arrangements, supplemented by regional education service centers. | ||
| The agency shall also develop and implement a statewide plan with | ||
| programmatic content that includes procedures designed to: | ||
| (1) ensure state compliance with requirements for | ||
| supplemental federal funding for all state-administered programs | ||
| involving the delivery of instructional or related services to | ||
| students with disabilities; | ||
| (2) facilitate interagency coordination when other | ||
| state agencies are involved in the delivery of instructional or | ||
| related services to students with disabilities; | ||
| (3) periodically assess statewide personnel needs in | ||
| all areas of specialization related to special education and pursue | ||
| strategies to meet those needs through a consortium of | ||
| representatives from regional education service centers, local | ||
| education agencies, and institutions of higher education and | ||
| through other available alternatives; | ||
| (4) ensure that regional education service centers | ||
| throughout the state maintain a regional support function, which | ||
| may include direct service delivery and a component designed to | ||
| facilitate the placement of students with disabilities who cannot | ||
| be appropriately served in their resident districts; | ||
| (5) allow the agency to effectively monitor and | ||
| periodically conduct site visits of all school districts to ensure | ||
| that rules adopted under this section are applied in a consistent | ||
| and uniform manner, to ensure that districts are complying with | ||
| those rules, and to ensure that annual statistical reports filed by | ||
| the districts and not otherwise available through the Public | ||
| Education Information Management System under Sections 48.008 and | ||
| 48.009 [ |
||
| (6) ensure that appropriately trained personnel are | ||
| involved in the diagnostic and evaluative procedures operating in | ||
| all districts and that those personnel routinely serve on district | ||
| admissions, review, and dismissal committees; | ||
| (7) ensure that an individualized education program | ||
| for each student with a disability is properly developed, | ||
| implemented, and maintained in the least restrictive environment | ||
| that is appropriate to meet the student's educational needs; | ||
| (8) ensure that, when appropriate, each student with a | ||
| disability is provided an opportunity to participate in career and | ||
| technology and physical education classes, in addition to | ||
| participating in regular or special classes; | ||
| (9) ensure that each student with a disability is | ||
| provided necessary related services; | ||
| (10) ensure that an individual assigned to act as a | ||
| surrogate parent for a child with a disability, as provided by 20 | ||
| U.S.C. Section 1415(b), is required to: | ||
| (A) complete a training program that complies | ||
| with minimum standards established by agency rule; | ||
| (B) visit the child and the child's school; | ||
| (C) consult with persons involved in the child's | ||
| education, including teachers, caseworkers, court-appointed | ||
| volunteers, guardians ad litem, attorneys ad litem, foster parents, | ||
| and caretakers; | ||
| (D) review the child's educational records; | ||
| (E) attend meetings of the child's admission, | ||
| review, and dismissal committee; | ||
| (F) exercise independent judgment in pursuing | ||
| the child's interests; and | ||
| (G) exercise the child's due process rights under | ||
| applicable state and federal law; and | ||
| (11) ensure that each district develops a process to | ||
| be used by a teacher who instructs a student with a disability in a | ||
| regular classroom setting: | ||
| (A) to request a review of the student's | ||
| individualized education program; | ||
| (B) to provide input in the development of the | ||
| student's individualized education program; | ||
| (C) that provides for a timely district response | ||
| to the teacher's request; and | ||
| (D) that provides for notification to the | ||
| student's parent or legal guardian of that response. | ||
| SECTION 3.028. Section 29.002, Education Code, is amended | ||
| to read as follows: | ||
| Sec. 29.002. DEFINITION. In this subchapter, "special | ||
| services" means: | ||
| (1) special education instruction, which may be | ||
| provided by professional and supported by paraprofessional | ||
| personnel in the regular classroom or in an instructional | ||
| arrangement described by Section 48.102 [ |
||
| (2) related services, which are developmental, | ||
| corrective, supportive, or evaluative services, not instructional | ||
| in nature, that may be required for the student to benefit from | ||
| special education instruction and for implementation of a student's | ||
| individualized education program. | ||
| SECTION 3.029. Section 29.008(b), Education Code, is | ||
| amended to read as follows: | ||
| (b) Except as provided by Subsection (c), costs of an | ||
| approved contract for residential placement may be paid from a | ||
| combination of federal, state, and local funds. The local share of | ||
| the total contract cost for each student is that portion of the | ||
| local tax effort that exceeds the district's local fund assignment | ||
| under Section 48.256 [ |
||
| attendance in the district. If the contract involves a private | ||
| facility, the state share of the total contract cost is that amount | ||
| remaining after subtracting the local share. If the contract | ||
| involves a public facility, the state share is that amount | ||
| remaining after subtracting the local share from the portion of the | ||
| contract that involves the costs of instructional and related | ||
| services. For purposes of this subsection, "local tax effort" | ||
| means the total amount of money generated by taxes imposed for debt | ||
| service and maintenance and operation less any amounts paid into a | ||
| tax increment fund under Chapter 311, Tax Code. | ||
| SECTION 3.030. Section 29.014(d), Education Code, is | ||
| amended to read as follows: | ||
| (d) The basic allotment for a student enrolled in a district | ||
| to which this section applies is adjusted by[ |
||
| [ |
||
|
|
||
|
|
||
| [ |
||
| 48.102(a) [ |
||
| SECTION 3.031. Section 29.018(b), Education Code, is | ||
| amended to read as follows: | ||
| (b) A school district is eligible to apply for a grant under | ||
| this section if: | ||
| (1) the district does not receive sufficient funds, | ||
| including state funds provided under Section 48.102 [ |
||
| federal funds, for a student with disabilities to pay for the | ||
| special education services provided to the student; or | ||
| (2) the district does not receive sufficient funds, | ||
| including state funds provided under Section 48.102 [ |
||
| federal funds, for all students with disabilities in the district | ||
| to pay for the special education services provided to the students. | ||
| SECTION 3.032. Section 29.022(u)(3), Education Code, is | ||
| amended to read as follows: | ||
| (3) "Self-contained classroom" does not include a | ||
| classroom that is a resource room instructional arrangement under | ||
| Section 48.102 [ |
||
| SECTION 3.033. Section 29.081(b-2), Education Code, is | ||
| amended to read as follows: | ||
| (b-2) A district that is required to provide accelerated | ||
| instruction under Subsection (b-1) shall separately budget | ||
| sufficient funds, including funds under Section 48.104 [ |
||
| for that purpose. [ |
||
|
|
||
|
|
||
|
|
||
| SECTION 3.034. Section 29.082(a), Education Code, is | ||
| amended to read as follows: | ||
| (a) A school district may set aside an amount from the | ||
| district's allotment under Section 48.104 [ |
||
| the agency for funding of an extended year program for a period not | ||
| to exceed 30 instructional days for students in: | ||
| (1) kindergarten through grade 11 who are identified | ||
| as likely not to be promoted to the next grade level for the | ||
| succeeding school year; or | ||
| (2) grade 12 who are identified as likely not to | ||
| graduate from high school before the beginning of the succeeding | ||
| school year. | ||
| SECTION 3.035. Section 29.086(e), Education Code, is | ||
| amended to read as follows: | ||
| (e) The amount of a grant under this section must take into | ||
| account funds distributed to the school district under Chapter 48 | ||
| [ |
||
| SECTION 3.036. Sections 29.087(h) and (j), Education Code, | ||
| are amended to read as follows: | ||
| (h) A student who has received a high school equivalency | ||
| certificate is entitled to enroll in a public school as authorized | ||
| by Section 25.001 and is entitled to the benefits of the Foundation | ||
| School Program under Section 48.003 [ |
||
| any other student who has not received a high school diploma. | ||
| (j) For purposes of funding under Chapters [ |
||
| 48, and 49, a student attending a program authorized by this section | ||
| may be counted in attendance only for the actual number of hours | ||
| each school day the student attends the program, in accordance with | ||
| Section 25.081. | ||
| SECTION 3.037. Section 29.089(b), Education Code, is | ||
| amended to read as follows: | ||
| (b) The commissioner, in consultation with the governor, | ||
| lieutenant governor, and speaker of the house of representatives, | ||
| by rule shall determine accountability standards under this section | ||
| for a school district providing a mentoring services program using | ||
| funds allocated under Section 48.104 [ |
||
| SECTION 3.038. Sections 29.203(b) and (c), Education Code, | ||
| are amended to read as follows: | ||
| (b) A school district is entitled to the allotment provided | ||
| by Section 48.107 [ |
||
| education grant. If the district has a local revenue level [ |
||
|
|
||
| level but less than the [ |
||
| Section 48.257, a school district is entitled under rules adopted | ||
| by the commissioner to additional state aid in an amount equal to | ||
| the difference between the cost to the district of providing | ||
| services to a student using a public education grant and the sum of | ||
| the state aid received because of the allotment under Section | ||
| 48.107 [ |
||
| attributable to the student. | ||
| (c) A school district is entitled to additional facilities | ||
| assistance under Section 48.301 [ |
||
| to: | ||
| (1) accept a number of students using public education | ||
| grants that is at least one percent of the district's average daily | ||
| attendance for the preceding school year; and | ||
| (2) provide services to each student until the student | ||
| either voluntarily decides to attend a school in a different | ||
| district or graduates from high school. | ||
| SECTION 3.039. Section 29.203(g)(2), Education Code, is | ||
| amended to read as follows: | ||
| (2) "Guaranteed local revenue [ |
||
| local revenue level [ |
||
| guaranteed level of state and local funds per weighted student per | ||
| cent of tax effort, as provided by Section 48.202 [ |
||
| multiplied by 10,000. | ||
| SECTION 3.040. Section 29.403(b), Education Code, is | ||
| amended to read as follows: | ||
| (b) A student who is enrolled in a program under this | ||
| subchapter is included in determining the average daily attendance | ||
| under Section 48.005 [ |
||
| SECTION 3.041. Sections 29.918(a) and (b), Education Code, | ||
| are amended to read as follows: | ||
| (a) Notwithstanding Section 48.104 [ |
||
| school 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 48.104 [ |
||
|
|
||
| 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 [ |
||
|
|
||
| (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 3.042. Section 30A.002(a), Education Code, is | ||
| amended to read as follows: | ||
| (a) A student is eligible to enroll in a course provided | ||
| through the state virtual school network only if the student: | ||
| (1) on September 1 of the school year: | ||
| (A) is younger than 21 years of age; or | ||
| (B) is younger than 26 years of age and entitled | ||
| to the benefits of the Foundation School Program under Section | ||
| 48.003 [ |
||
| (2) has not graduated from high school; and | ||
| (3) is otherwise eligible to enroll in a public school | ||
| in this state. | ||
| SECTION 3.043. Section 30A.153(a), Education Code, is | ||
| amended to read as follows: | ||
| (a) Subject to the limitation imposed under Subsection | ||
| (a-1), a school district or open-enrollment charter school in which | ||
| a student is enrolled is entitled to funding under Chapter 48 [ |
||
| or in accordance with the terms of a charter granted under Section | ||
| 12.101 for the student's enrollment in an electronic course offered | ||
| through the state virtual school network in the same manner that the | ||
| district or school is entitled to funding for the student's | ||
| enrollment in courses provided in a traditional classroom setting, | ||
| provided that the student successfully completes the electronic | ||
| course. | ||
| SECTION 3.044. Section 34.002(c), Education Code, is | ||
| amended to read as follows: | ||
| (c) A school district that fails or refuses to meet the | ||
| safety standards for school buses established under this section is | ||
| ineligible to share in the transportation allotment under Section | ||
| 48.151 [ |
||
| district begins complying with the safety standards. | ||
| SECTION 3.045. Section 37.0061, Education Code, is amended | ||
| to read as follows: | ||
| Sec. 37.0061. FUNDING FOR ALTERNATIVE EDUCATION SERVICES IN | ||
| JUVENILE RESIDENTIAL FACILITIES. A school district that provides | ||
| education services to pre-adjudicated and post-adjudicated | ||
| students who are confined by court order in a juvenile residential | ||
| facility operated by a juvenile board is entitled to count such | ||
| students in the district's average daily attendance for purposes of | ||
| receipt of state funds under the Foundation School Program. If the | ||
| district has a local revenue level [ |
||
| than the guaranteed local revenue [ |
||
| [ |
||
| district in which the student is enrolled on the date a court orders | ||
| the student to be confined to a juvenile residential facility shall | ||
| transfer to the district providing education services an amount | ||
| equal to the difference between the average Foundation School | ||
| Program costs per student of the district providing education | ||
| services and the sum of the state aid and the money from the | ||
| available school fund received by the district that is attributable | ||
| to the student for the portion of the school year for which the | ||
| district provides education services to the student. | ||
| SECTION 3.046. Section 37.011(h), Education Code, is | ||
| amended to read as follows: | ||
| (h) Academically, the mission of juvenile justice | ||
| alternative education programs shall be to enable students to | ||
| perform at grade level. For purposes of accountability under | ||
| Chapters 39 and 39A, a student enrolled in a juvenile justice | ||
| alternative education program is reported as if the student were | ||
| enrolled at the student's assigned campus in the student's | ||
| regularly assigned education program, including a special | ||
| education program. Annually the Texas Juvenile Justice | ||
| Department, with the agreement of the commissioner, shall develop | ||
| and implement a system of accountability consistent with Chapters | ||
| 39 and 39A, where appropriate, to assure that students make | ||
| progress toward grade level while attending a juvenile justice | ||
| alternative education program. The department shall adopt rules | ||
| for the distribution of funds appropriated under this section to | ||
| juvenile boards in counties required to establish juvenile justice | ||
| alternative education programs. Except as determined by the | ||
| commissioner, a student served by a juvenile justice alternative | ||
| education program on the basis of an expulsion required under | ||
| Section 37.007(a), (d), or (e) is not eligible for Foundation | ||
| School Program funding under Chapter [ |
||
| juvenile justice alternative education program receives funding | ||
| from the department under this subchapter. | ||
| SECTION 3.047. 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 Subchapter F-1, | ||
| Chapter 51. The questions adopted under this subsection must be | ||
| developed in a manner consistent with any college readiness | ||
| standards adopted under [ |
||
| Chapter 51. | ||
| SECTION 3.048. Section 39.027(f), Education Code, is | ||
| amended to read as follows: | ||
| (f) In this section, "average daily attendance" is computed | ||
| in the manner provided by Section 48.005 [ |
||
| SECTION 3.049. Section 39.408, Education Code, is amended | ||
| to read as follows: | ||
| Sec. 39.408. ELIGIBILITY CRITERIA FOR CERTAIN GRANT | ||
| PROGRAMS. A school district or campus is eligible to participate in | ||
| programs under Sections 21.4541, 29.095, and 29.096[ |
||
|
|
||
| preceding school years characteristics that strongly correlate | ||
| with high dropout rates. | ||
| SECTION 3.050. Section 39.413, Education Code, is amended | ||
| to read as follows: | ||
| Sec. 39.413. FUNDING FOR CERTAIN PROGRAMS. (a) From funds | ||
| appropriated, the Texas Higher Education Coordinating Board shall | ||
| allocate $8.75 million each year to establish mathematics, science, | ||
| and technology teacher preparation academies under Section | ||
| 61.0766[ |
||
|
|
||
| award grants under Section 61.0762(a)(3). | ||
| (b) The Texas Higher Education Coordinating Board shall | ||
| establish mathematics, science, and technology teacher preparation | ||
| academies under Section 61.0766[ |
||
|
|
||
|
|
||
| in a manner consistent with the goals of this subchapter and the | ||
| goals in "Closing the Gaps," the state's master plan for higher | ||
| education. | ||
| SECTION 3.051. Section 39A.903, Education Code, is amended | ||
| to read as follows: | ||
| Sec. 39A.903. COSTS PAID BY SCHOOL DISTRICT. The costs of | ||
| providing a monitor, conservator, management team, campus | ||
| intervention team, technical assistance team, managing entity, or | ||
| service provider under this chapter shall be paid by the school | ||
| district. If the district fails or refuses to pay the costs in a | ||
| timely manner, the commissioner may: | ||
| (1) pay the costs using amounts withheld from any | ||
| funds to which the district is otherwise entitled; or | ||
| (2) recover the amount of the costs in the manner | ||
| provided for recovery of an overallocation of state funds under | ||
| Section 48.272 [ |
||
| SECTION 3.052. Section 43.002(b), Education Code, is | ||
| amended to read as follows: | ||
| (b) Of the amounts available for transfer from the general | ||
| revenue fund to the available school fund for the months of January | ||
| and February of each fiscal year, no more than the amount necessary | ||
| to enable the comptroller to distribute from the available school | ||
| fund an amount equal to 9-1/2 percent of the estimated annual | ||
| available school fund apportionment to category 1 school districts, | ||
| as defined by Section 48.273 [ |
||
| estimated annual available school fund apportionment to category 2 | ||
| school districts, as defined by Section 48.273 [ |
||
| transferred from the general revenue fund to the available school | ||
| fund. Any remaining amount that would otherwise be available for | ||
| transfer for the months of January and February shall be | ||
| transferred from the general revenue fund to the available school | ||
| fund in equal amounts in June and in August of the same fiscal year. | ||
| SECTION 3.053. Section 44.0011, Education Code, is amended | ||
| to read as follows: | ||
| Sec. 44.0011. FISCAL YEAR. The fiscal year of a school | ||
| district begins on July 1 or September 1 of each year, as determined | ||
| by the board of trustees of the district. The commissioner may adopt | ||
| rules concerning the submission of information by a district under | ||
| Chapter 39, 39A, or 48 [ |
||
| district. | ||
| SECTION 3.054. Section 44.051, Education Code, is amended | ||
| to read as follows: | ||
| Sec. 44.051. INTERFERENCE WITH OPERATION OF FOUNDATION | ||
| SCHOOL PROGRAM. An offense under Section 37.10, Penal Code, is a | ||
| felony of the third degree if it is shown on trial of the offense | ||
| that the governmental record was a record, form, report, or budget | ||
| required under Chapter 48 [ |
||
| If the actor's intent is to defraud the state or the public school | ||
| system, the offense is a felony of the second degree. | ||
| SECTION 3.055. Section 45.0011(e), Education Code, is | ||
| amended to read as follows: | ||
| (e) In this section, average daily attendance is determined | ||
| in the manner provided by Section 48.005 [ |
||
| SECTION 3.056. Sections 45.0031(b) and (c), Education Code, | ||
| are amended to read as follows: | ||
| (b) A district may demonstrate the ability to comply with | ||
| Subsection (a) by using the most recent taxable value of property in | ||
| the district, combined with state assistance to which the district | ||
| is entitled under Chapter [ |
||
| for the payment of bonds. | ||
| (c) A district may demonstrate the ability to comply with | ||
| Subsection (a) by using a projected future taxable value of | ||
| property in the district anticipated for the earlier of the tax year | ||
| five years after the current tax year or the tax year in which the | ||
| final payment is due for the bonds submitted to the attorney | ||
| general, combined with state assistance to which the district is | ||
| entitled under Chapter [ |
||
| for the payment of bonds. The district must submit to the attorney | ||
| general a certification of the district's projected taxable value | ||
| of property that is prepared by a registered professional appraiser | ||
| certified under Chapter 1151, Occupations Code, who has | ||
| demonstrated professional experience in projecting taxable values | ||
| of property or who can by contract obtain any necessary assistance | ||
| from a person who has that experience. To demonstrate the | ||
| professional experience required by this subsection, a registered | ||
| professional appraiser must provide to the district written | ||
| documentation relating to two previous projects for which the | ||
| appraiser projected taxable values of property. Until the bonds | ||
| submitted to the attorney general are approved or disapproved, the | ||
| district must maintain the documentation and on request provide the | ||
| documentation to the attorney general or comptroller. The | ||
| certification of the district's projected taxable value of property | ||
| must be signed by the district's superintendent. The attorney | ||
| general must base a determination of whether the district has | ||
| complied with Subsection (a) on a taxable value of property that is | ||
| equal to 90 percent of the value certified under this subsection. | ||
| SECTION 3.057. Section 45.251(2), Education Code, is | ||
| amended to read as follows: | ||
| (2) "Foundation School Program" means the program | ||
| established under Chapters [ |
||
| successor program of state appropriated funding for school | ||
| districts in this state. | ||
| SECTION 3.058. Section 45.259(d), Education Code, is | ||
| amended to read as follows: | ||
| (d) If money appropriated for the Foundation School Program | ||
| is used for purposes of this subchapter and as a result there is | ||
| insufficient money to fully fund the Foundation School Program, the | ||
| commissioner shall, to the extent necessary, reduce each school | ||
| district's foundation school fund allocations, other than any | ||
| portion appropriated from the available school fund, in the same | ||
| manner provided by Section 48.266(f) [ |
||
| which school district entitlements exceed the amount | ||
| appropriated. The following fiscal year, a district's entitlement | ||
| under Section 48.266 [ |
||
| reduction under this subsection. | ||
| SECTION 3.059. Section 45.261(a), Education Code, is | ||
| amended to read as follows: | ||
| (a) If the commissioner orders payment from the money | ||
| appropriated to the Foundation School Program on behalf of a school | ||
| district that is not required to reduce its local revenue level | ||
| [ |
||
| commissioner shall direct the comptroller to withhold the amount | ||
| paid from the first state money payable to the district. If the | ||
| commissioner orders payment from the money appropriated to the | ||
| Foundation School Program on behalf of a school district that is | ||
| required to reduce its local revenue level [ |
||
| under Section 48.257 [ |
||
| amounts due from the district under Chapter 49 [ |
||
| total amount equal to the amount of payments made on behalf of the | ||
| district under this subchapter. Amounts withheld or received | ||
| under this subsection shall be used for the Foundation School | ||
| Program. | ||
| SECTION 3.060. Section 45.263(b), Education Code, is | ||
| amended to read as follows: | ||
| (b) In adopting rules under Subsection (a), the | ||
| commissioner shall establish an annual deadline by which a school | ||
| district must pay the debt service on bonds for which credit | ||
| enhancement is provided under this subchapter. The deadline | ||
| established may not be later than the 10th day before the date | ||
| specified under Section 48.273 [ |
||
| districts of the final Foundation School Program installment for a | ||
| state fiscal year. | ||
| SECTION 3.061. Section 46.003(a), Education Code, is | ||
| amended to read as follows: | ||
| (a) For each year, except as provided by Sections 46.005 and | ||
| 46.006, a school district is guaranteed a specified amount per | ||
| student in state and local funds for each cent of tax effort, up to | ||
| the maximum rate under Subsection (b), to pay the principal of and | ||
| interest on eligible bonds issued to construct, acquire, renovate, | ||
| or improve an instructional facility. The amount of state support | ||
| is determined by the formula: | ||
| FYA = (FYL X ADA X BTR X 100) - (BTR X (DPV/100)) | ||
| where: | ||
| "FYA" is the guaranteed facilities yield amount of state | ||
| funds allocated to the district for the year; | ||
| "FYL" is the dollar amount guaranteed level of state and | ||
| local funds per student per cent of tax effort, which is $35 or a | ||
| greater amount for any year provided by appropriation; | ||
| "ADA" is the greater of the number of students in average | ||
| daily attendance, as determined under Section 48.005 [ |
||
| the district or 400; | ||
| "BTR" is the district's bond tax rate for the current year, | ||
| which is determined by dividing the amount budgeted by the district | ||
| for payment of eligible bonds by the quotient of the district's | ||
| taxable value of property as determined under Subchapter M, Chapter | ||
| 403, Government Code, or, if applicable, Section 48.258 [ |
||
| divided by 100; and | ||
| "DPV" is the district's taxable value of property as | ||
| determined under Subchapter M, Chapter 403, Government Code, or, if | ||
| applicable, Section 48.258 [ |
||
| SECTION 3.062. Section 46.006(g), Education Code, is | ||
| amended to read as follows: | ||
| (g) In this section, "wealth per student" means a school | ||
| district's taxable value of property as determined under Subchapter | ||
| M, Chapter 403, Government Code, or, if applicable, Section 48.258 | ||
| [ |
||
| determined under Section 48.005 [ |
||
| SECTION 3.063. Sections 46.009(b), (c), (e), and (f), | ||
| Education Code, are amended to read as follows: | ||
| (b) If the amount appropriated for purposes of this | ||
| subchapter for a year is less than the total amount determined under | ||
| Subsection (a) for that year, the commissioner shall: | ||
| (1) transfer from the Foundation School Program to the | ||
| instructional facilities program the amount by which the total | ||
| amount determined under Subsection (a) exceeds the amount | ||
| appropriated; and | ||
| (2) reduce each district's foundation school fund | ||
| allocations in the manner provided by Section 48.266(f) | ||
| [ |
||
| (c) Warrants for payments under this subchapter shall be | ||
| approved and transmitted to school district treasurers or | ||
| depositories in the same manner as warrants for payments under | ||
| Chapter 48 [ |
||
| (e) Section 48.272 [ |
||
| subchapter. | ||
| (f) If a school district would have received a greater | ||
| amount under this subchapter for the applicable school year using | ||
| the adjusted value determined under Section 48.271 [ |
||
| commissioner shall add the difference between the adjusted value | ||
| and the amount the district received under this subchapter to | ||
| subsequent distributions to the district under this subchapter. | ||
| SECTION 3.064. Section 46.0111(e), Education Code, is | ||
| amended to read as follows: | ||
| (e) The state's share is state property. The school | ||
| district shall send to the comptroller any portion of the state's | ||
| share not used by the school district to repair the defective | ||
| design, construction, renovation, or improvement of the | ||
| instructional facility on which the action is brought or to replace | ||
| the facility. Section 48.272 [ |
||
| under this subsection. | ||
| SECTION 3.065. Section 46.013, Education Code, is amended | ||
| to read as follows: | ||
| Sec. 46.013. MULTIPLE ALLOTMENTS PROHIBITED. A school | ||
| district is not entitled to state assistance under this subchapter | ||
| based on taxes with respect to which the district receives state | ||
| assistance under Subchapter E [ |
||
| SECTION 3.066. Section 46.032(a), Education Code, is | ||
| amended to read as follows: | ||
| (a) Each school district is guaranteed a specified amount | ||
| per student in state and local funds for each cent of tax effort to | ||
| pay the principal of and interest on eligible bonds. The amount of | ||
| state support, subject only to the maximum amount under Section | ||
| 46.034, is determined by the formula: | ||
| EDA = (EDGL X ADA X EDTR X 100) - (EDTR X (DPV/100)) | ||
| where: | ||
| "EDA" is the amount of state funds to be allocated to the | ||
| district for assistance with existing debt; | ||
| "EDGL" is the dollar amount guaranteed level of state and | ||
| local funds per student per cent of tax effort, which is the lesser | ||
| of: | ||
| (1) $40 or a greater amount for any year provided by | ||
| appropriation; or | ||
| (2) the amount that would result in a total additional | ||
| amount of state funds under this subchapter for the current year | ||
| equal to $60 million in excess of the state funds to which school | ||
| districts would have been entitled under this section if the | ||
| guaranteed level amount were $35; | ||
| "ADA" is the number of students in average daily attendance, | ||
| as determined under Section 48.005 [ |
||
| "EDTR" is the existing debt tax rate of the district, which is | ||
| determined by dividing the amount budgeted by the district for | ||
| payment of eligible bonds by the quotient of the district's taxable | ||
| value of property as determined under Subchapter M, Chapter 403, | ||
| Government Code, or, if applicable, under Section 48.258 [ |
||
| divided by 100; and | ||
| "DPV" is the district's taxable value of property as | ||
| determined under Subchapter M, Chapter 403, Government Code, or, if | ||
| applicable, under Section 48.258 [ |
||
| SECTION 3.067. Section 46.037, Education Code, is amended | ||
| to read as follows: | ||
| Sec. 46.037. MULTIPLE ALLOTMENTS PROHIBITED. A school | ||
| district is not entitled to state assistance under this subchapter | ||
| based on taxes with respect to which the district receives state | ||
| assistance under Subchapter E [ |
||
| SECTION 3.068. Section 61.0766(e), Education Code, is | ||
| amended to read as follows: | ||
| (e) An academy program may: | ||
| (1) provide financial assistance for the purpose of | ||
| allowing participants to complete the program [ |
||
|
|
||
| (2) include programs in leadership skills to develop | ||
| training, mentoring, and coaching skills; | ||
| (3) deliver coursework electronically for some or all | ||
| of the program; and | ||
| (4) provide for ongoing professional development and | ||
| coordination with specific public school instructional programs. | ||
| SECTION 3.069. Section 79.10(f), Education Code, is amended | ||
| to read as follows: | ||
| (f) For each student enrolled in the academy, the academy is | ||
| entitled to allotments from the foundation school fund under | ||
| Chapter 48 [ |
||
| tier one local share for purposes of Section 48.266 [ |
||
| in any academic year the amount of the allotments under this | ||
| subsection exceeds the amount of state funds paid to the academy in | ||
| the first fiscal year of the academy's operation, the commissioner | ||
| of education shall set aside from the total amount of funds to which | ||
| school districts are entitled under Section 48.266(c) [ |
||
| an amount equal to the excess amount and shall distribute that | ||
| amount to the academy. After deducting the amount set aside and | ||
| paid to the academy by the commissioner of education under this | ||
| subsection, the commissioner of education shall reduce the amount | ||
| to which each district is entitled under Section 48.266(c) | ||
| [ |
||
| [ |
||
| under this subsection is final and may not be appealed. | ||
| SECTION 3.070. Section 87.208, Education Code, is amended | ||
| to read as follows: | ||
| Sec. 87.208. SEABORNE CONSERVATION CORPS. If the board of | ||
| regents of The Texas A&M University System administers a program | ||
| that is substantially similar to the Seaborne Conservation Corps as | ||
| it was administered by the board during the 1998-1999 school year, | ||
| the program is entitled, for each student enrolled, to allotments | ||
| from the Foundation School Program under Chapter 48 [ |
||
| program were a school district, except that the program has a local | ||
| share applied that is equivalent to the local fund assignment of the | ||
| school district in which the principal facilities of the program | ||
| are located. | ||
| SECTION 3.071. Section 87.505(g), Education Code, is | ||
| amended to read as follows: | ||
| (g) For each student enrolled in the academy, the academy is | ||
| entitled to allotments from the foundation school fund under | ||
| Chapter 48 [ |
||
| tier one local share for purposes of Section 48.266 [ |
||
| in any academic year the amount of the allotments under this | ||
| subsection exceeds the amount of state funds paid to the academy in | ||
| the first fiscal year of the academy's operation, the commissioner | ||
| of education shall set aside from the total amount of funds to which | ||
| school districts are entitled under Section 48.266(c) [ |
||
| an amount equal to the excess amount and shall distribute that | ||
| amount to the academy. After deducting the amount set aside and | ||
| paid to the academy by the commissioner of education under this | ||
| subsection, the commissioner of education shall reduce the amount | ||
| to which each district is entitled under Section 48.266(c) | ||
| [ |
||
| [ |
||
| under this subsection is final and may not be appealed. | ||
| SECTION 3.072. Section 96.707(k), Education Code, is | ||
| amended to read as follows: | ||
| (k) For each student enrolled in the academy, the academy is | ||
| entitled to allotments from the Foundation School Program under | ||
| Chapter 48 [ |
||
| tier one local share for purposes of Section 48.266 [ |
||
| SECTION 3.073. Sections 105.301(e) and (f), Education Code, | ||
| are amended to read as follows: | ||
| (e) The academy is not subject to the provisions of this | ||
| code, or to the rules of the Texas Education Agency, regulating | ||
| public schools, except that: | ||
| (1) professional employees of the academy are entitled | ||
| to the limited liability of an employee under Section 22.0511, | ||
| 22.0512, or 22.052; | ||
| (2) a student's attendance at the academy satisfies | ||
| compulsory school attendance requirements; and | ||
| (3) for each student enrolled, the academy is entitled | ||
| to allotments from the foundation school program under Chapter 48 | ||
| [ |
||
| local share for purposes of Section 48.266 [ |
||
| (f) If in any academic year the amount of the allotments | ||
| under Subsection (e)(3) exceeds the amount of state funds paid to | ||
| the academy under this section in the fiscal year ending August 31, | ||
| 2003, the commissioner shall set aside from the total amount of | ||
| funds to which school districts are entitled under Section | ||
| 48.266(c) [ |
||
| shall distribute that amount to the academy. After deducting the | ||
| amount set aside and paid to the academy by the commissioner under | ||
| this subsection, the commissioner shall reduce the amount to which | ||
| each district is entitled under Section 48.266(c) [ |
||
| the manner described by Section 48.266(f) [ |
||
| determination of the commissioner under this section is final and | ||
| may not be appealed. | ||
| SECTION 3.074. Section 317.005(f), Government Code, is | ||
| amended to read as follows: | ||
| (f) The governor or board may adopt an order under this | ||
| section withholding or transferring any portion of the total amount | ||
| appropriated to finance the foundation school program for a fiscal | ||
| year. The governor or board may not adopt such an order if it would | ||
| result in an allocation of money between particular programs or | ||
| statutory allotments under the foundation school program contrary | ||
| to the statutory proration formula provided by Section 48.266(f) | ||
| [ |
||
| amount to the total amount appropriated to finance the foundation | ||
| school program for a fiscal year and may increase the basic | ||
| allotment. The governor or board may adjust allocations of amounts | ||
| between particular programs or statutory allotments under the | ||
| foundation school program only for the purpose of conforming the | ||
| allocations to actual pupil enrollments or attendance. | ||
| SECTION 3.075. Section 403.093(d), Government Code, as | ||
| amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the | ||
| 85th Legislature, Regular Session, 2017, is reenacted to read as | ||
| follows: | ||
| (d) The comptroller shall transfer from the general revenue | ||
| fund to the foundation school fund an amount of money necessary to | ||
| fund the foundation school program as provided by Chapter 48 [ |
||
| Education Code. The comptroller shall make the transfers in | ||
| installments as necessary to comply with Section 48.273 [ |
||
| Education Code, and permit the Texas Education Agency, to the | ||
| extent authorized by the General Appropriations Act, to make | ||
| temporary transfers from the foundation school fund for payment of | ||
| the instructional materials and technology allotment under Section | ||
| 31.0211, Education Code. Unless an earlier date is necessary for | ||
| purposes of temporary transfers for payment of the instructional | ||
| materials and technology allotment, an installment must be made not | ||
| earlier than two days before the date an installment to school | ||
| districts is required by Section 48.273 [ |
||
| and must not exceed the amount necessary for that payment and any | ||
| temporary transfers for payment of the instructional materials and | ||
| technology allotment. | ||
| SECTION 3.076. Section 403.302(a), Government Code, is | ||
| amended to read as follows: | ||
| (a) The comptroller shall conduct a study using comparable | ||
| sales and generally accepted auditing and sampling techniques to | ||
| determine the total taxable value of all property in each school | ||
| district. The study shall determine the taxable value of all | ||
| property and of each category of property in the district and the | ||
| productivity value of all land that qualifies for appraisal on the | ||
| basis of its productive capacity and for which the owner has applied | ||
| for and received a productivity appraisal. The comptroller shall | ||
| make appropriate adjustments in the study to account for actions | ||
| taken under Chapter 49 [ |
||
| SECTION 3.077. Section 403.303(b), Government Code, is | ||
| amended to read as follows: | ||
| (b) After receipt of a petition, the comptroller shall hold | ||
| a hearing. The comptroller has the burden to prove the accuracy of | ||
| the findings. Until a final decision is made by the comptroller, | ||
| the taxable value of property in the district is determined, with | ||
| respect to property subject to the protest, according to the value | ||
| claimed by the school district or property owner, except that the | ||
| value to be used while a final decision is pending may not be less | ||
| than the appraisal roll value for the year of the study. If after a | ||
| hearing the comptroller concludes that the findings should be | ||
| changed, the comptroller shall order the appropriate changes and | ||
| shall certify to the commissioner of education the changes in the | ||
| values of the school district that brought the protest, the values | ||
| of the school district named by the property owner who brought the | ||
| protest, or, if the comptroller by rule allows an appraisal | ||
| district to bring a protest, the values of the school district named | ||
| by the appraisal district that brought the protest. The | ||
| comptroller may not order a change in the values of a school | ||
| district as a result of a protest brought by another school | ||
| district, a property owner in the other school district, or an | ||
| appraisal district that appraises property for the other school | ||
| district. The comptroller shall complete all protest hearings and | ||
| certify all changes as necessary to comply with Chapter 48 [ |
||
| Education Code. A hearing conducted under this subsection is not a | ||
| contested case for purposes of Section 2001.003. | ||
| SECTION 3.078. Section 404.121(1), Government Code, is | ||
| amended to read as follows: | ||
| (1) "Cash flow deficit" for any period means the | ||
| excess, if any, of expenditures paid and transfers made from the | ||
| general revenue fund in the period, including payments provided by | ||
| Section 48.273 [ |
||
| revenues deposited to the fund in the period, other than revenues | ||
| deposited pursuant to Section 403.092, that are legally available | ||
| for the expenditures and transfers. | ||
| SECTION 3.079. Section 437.117(a), Government Code, is | ||
| amended to read as follows: | ||
| (a) For each student enrolled in the Texas ChalleNGe | ||
| Academy, the department is entitled to allotments from the | ||
| Foundation School Program under Chapter 48 [ |
||
| if the academy were a school district without a tier one local share | ||
| for purposes of Section 48.266 [ |
||
| SECTION 3.080. Section 466.355(c), Government Code, as | ||
| repealed by Chapter 431 (S.B. 559), Acts of the 83rd Legislature, | ||
| Regular Session, 2013, and amended by Chapter 1410 (S.B. 758), Acts | ||
| of the 83rd Legislature, Regular Session, 2013, is reenacted and | ||
| amended to read as follows: | ||
| (c) Each August the comptroller shall: | ||
| (1) estimate the amount to be transferred to the | ||
| foundation school fund on or before September 15; and | ||
| (2) notwithstanding Subsection (b)(4), transfer the | ||
| amount estimated in Subdivision (1) to the foundation school fund | ||
| before August installment payments are made under Section 48.273 | ||
| [ |
||
| SECTION 3.081. Section 1371.001(4), Government Code, is | ||
| amended to read as follows: | ||
| (4) "Issuer" means: | ||
| (A) a home-rule municipality that: | ||
| (i) adopted its charter under Section 5, | ||
| Article XI, Texas Constitution; | ||
| (ii) has a population of 50,000 or more; and | ||
| (iii) has outstanding long-term | ||
| indebtedness that is rated by a nationally recognized rating agency | ||
| for municipal securities in one of the four highest rating | ||
| categories for a long-term obligation; | ||
| (B) a conservation and reclamation district | ||
| created and organized as a river authority under Section 52, | ||
| Article III, or Section 59, Article XVI, Texas Constitution; | ||
| (C) a joint powers agency organized and operating | ||
| under Chapter 163, Utilities Code; | ||
| (D) a metropolitan rapid transit authority, | ||
| regional transportation authority, or coordinated county | ||
| transportation authority created, organized, or operating under | ||
| Chapter 451, 452, or 460, Transportation Code; | ||
| (E) a conservation and reclamation district | ||
| organized or operating as a navigation district under Section 52, | ||
| Article III, or Section 59, Article XVI, Texas Constitution; | ||
| (F) a district organized or operating under | ||
| Section 59, Article XVI, Texas Constitution, that has all or part of | ||
| two or more municipalities within its boundaries; | ||
| (G) a state agency, including a state institution | ||
| of higher education; | ||
| (H) a hospital authority created or operating | ||
| under Chapter 262 or 264, Health and Safety Code, in a county that: | ||
| (i) has a population of more than 3.3 | ||
| million; or | ||
| (ii) is included, in whole or in part, in a | ||
| standard metropolitan statistical area of this state that includes | ||
| a county with a population of more than 2.2 million; | ||
| (I) a hospital district in a county that has a | ||
| population of more than two million; | ||
| (J) a nonprofit corporation organized to | ||
| exercise the powers of a higher education loan authority under | ||
| Section 53B.47(e), Education Code; | ||
| (K) a county: | ||
| (i) that has a population of 3.3 million or | ||
| more; or | ||
| (ii) that, on the date of issuance of | ||
| obligations under this chapter, has authorized, outstanding, or any | ||
| combination of authorized and outstanding, indebtedness of at least | ||
| $100 million secured by and payable from the county's ad valorem | ||
| taxes and the authorized long-term indebtedness of which is rated | ||
| by a nationally recognized rating agency of securities issued by | ||
| local governments in one of the four highest rating categories for a | ||
| long-term obligation; | ||
| (L) an independent school district that has an | ||
| average daily attendance of 50,000 or more as determined under | ||
| Section 48.005 [ |
||
| (M) a municipality or county operating under | ||
| Chapter 334, Local Government Code; | ||
| (N) a district created under Chapter 335, Local | ||
| Government Code; | ||
| (O) a junior college district that has a total | ||
| headcount enrollment of 40,000 or more based on enrollment in the | ||
| most recent regular semester; or | ||
| (P) an issuer, as defined by Section 1201.002, | ||
| that has: | ||
| (i) a principal amount of at least $100 | ||
| million in outstanding long-term indebtedness, in long-term | ||
| indebtedness proposed to be issued, or in a combination of | ||
| outstanding or proposed long-term indebtedness; and | ||
| (ii) some amount of long-term indebtedness | ||
| outstanding or proposed to be issued that is rated in one of the | ||
| four highest rating categories for long-term debt instruments by a | ||
| nationally recognized rating agency for municipal securities, | ||
| without regard to the effect of any credit agreement or other form | ||
| of credit enhancement entered into in connection with the | ||
| obligation. | ||
| SECTION 3.082. Section 1431.001(3), Government Code, is | ||
| amended to read as follows: | ||
| (3) "Eligible school district" means an independent | ||
| school district that has an average daily attendance of 190,000 or | ||
| more as determined under Section 48.005 [ |
||
| SECTION 3.083. Section 2175.304(c), Government Code, is | ||
| amended to read as follows: | ||
| (c) The procedures established under Subsection (b) must | ||
| give preference to transferring the property directly to a public | ||
| school or school district or to an assistance organization | ||
| designated by the school district before disposing of the property | ||
| in another manner. If more than one public school or school | ||
| district or assistance organization seeks to acquire the same | ||
| property on substantially the same terms, the system, institution, | ||
| or agency shall give preference to a public school that is | ||
| considered low-performing by the commissioner of education or to a | ||
| school district that has a taxable wealth per student that entitles | ||
| the district to an allotment of state funds under Subchapter E [ |
||
| Chapter 48 [ |
||
| designated by such a school district. | ||
| SECTION 3.084. Section 221.0071(d), Human Resources Code, | ||
| is amended to read as follows: | ||
| (d) A charter school operating under a charter granted under | ||
| this section is entitled to receive open-enrollment charter school | ||
| funding under Chapter 48 [ |
||
| an open-enrollment charter school operating under Subchapter D, | ||
| Chapter 12, Education Code. | ||
| SECTION 3.085. Section 1579.251(a), Insurance Code, is | ||
| amended to read as follows: | ||
| (a) The state shall assist employees of participating | ||
| school districts and charter schools in the purchase of group | ||
| health coverage under this chapter by providing for each covered | ||
| employee the amount of $900 each state fiscal year or a greater | ||
| amount as provided by the General Appropriations Act. The state | ||
| contribution shall be distributed through the school finance | ||
| formulas under Chapters 48 [ |
||
| used by school districts and charter schools as provided by | ||
| Section 48.275 [ |
||
| SECTION 3.086. Section 1581.053, Insurance Code, is amended | ||
| to read as follows: | ||
| Sec. 1581.053. USE OF STATE FUNDS. (a) To comply with | ||
| Section 1581.052, a school district or participating charter school | ||
| may use state funds received under Chapter 48 [ |
||
| other than funds that may be used under that chapter only for a | ||
| specific purpose. | ||
| (b) Notwithstanding Subsection (a), amounts a district or | ||
| school is required to use to pay contributions under a group health | ||
| coverage plan for district or school employees under Section | ||
| 48.275 [ |
||
| Section 48.275(c)(2) [ |
||
| whether the district or school complies with Section 1581.052. | ||
| SECTION 3.087. Section 37.10(c)(2), Penal Code, is amended | ||
| to read as follows: | ||
| (2) An offense under this section is a felony of the | ||
| third degree if it is shown on the trial of the offense that the | ||
| governmental record was: | ||
| (A) a public school record, report, or assessment | ||
| instrument required under Chapter 39, Education Code, data reported | ||
| for a school district or open-enrollment charter school to the | ||
| Texas Education Agency through the Public Education Information | ||
| Management System (PEIMS) described by Sections 48.008 and 48.009 | ||
| [ |
||
| that reporting, or a license, certificate, permit, seal, title, | ||
| letter of patent, or similar document issued by government, by | ||
| another state, or by the United States, unless the actor's intent is | ||
| to defraud or harm another, in which event the offense is a felony | ||
| of the second degree; | ||
| (B) a written report of a medical, chemical, | ||
| toxicological, ballistic, or other expert examination or test | ||
| performed on physical evidence for the purpose of determining the | ||
| connection or relevance of the evidence to a criminal action; | ||
| (C) a written report of the certification, | ||
| inspection, or maintenance record of an instrument, apparatus, | ||
| implement, machine, or other similar device used in the course of an | ||
| examination or test performed on physical evidence for the purpose | ||
| of determining the connection or relevance of the evidence to a | ||
| criminal action; or | ||
| (D) a search warrant issued by a magistrate. | ||
| SECTION 3.088. Section 39.03(d), Penal Code, is amended to | ||
| read as follows: | ||
| (d) An offense under this section is a Class A misdemeanor, | ||
| except that an offense is a felony of the third degree if the public | ||
| servant acted with the intent to impair the accuracy of data | ||
| reported to the Texas Education Agency through the Public Education | ||
| Information Management System (PEIMS) described by Sections 48.008 | ||
| and 48.009 [ |
||
| that reporting. | ||
| SECTION 3.089. Section 21.01, Tax Code, is amended to read | ||
| as follows: | ||
| Sec. 21.01. REAL PROPERTY. Real property is taxable by a | ||
| taxing unit if located in the unit on January 1, except as provided | ||
| by Chapter 49 [ |
||
| SECTION 3.090. Sections 21.02(b) and (c), Tax Code, are | ||
| amended to read as follows: | ||
| (b) Tangible personal property having taxable situs at the | ||
| same location as real property detached from a school district and | ||
| annexed by another school district under Chapter 49 [ |
||
| Code, is taxable in the tax year in which the detachment and | ||
| annexation occurs by the same school district by which the real | ||
| property is taxable in that tax year under Chapter 49 [ |
||
| Education Code. For purposes of this subsection and Chapter 49 | ||
| [ |
||
| at the same location as real property detached and annexed under | ||
| Chapter 49 [ |
||
| of the real property, had it occurred before January 1 of the tax | ||
| year, would have changed the taxable situs of the tangible personal | ||
| property determined as provided by Subsection (a) from the school | ||
| district from which the real property was detached to the school | ||
| district to which the real property was annexed. | ||
| (c) Tangible personal property has taxable situs in a school | ||
| district that is the result of a consolidation under Chapter 49 | ||
| [ |
||
| if the property would have had taxable situs in the consolidated | ||
| district in that year had the consolidation occurred before January | ||
| 1 of that year. | ||
| SECTION 3.091. Section 25.25(k), Tax Code, is amended to | ||
| read as follows: | ||
| (k) The chief appraiser shall change the appraisal records | ||
| and school district appraisal rolls promptly to reflect the | ||
| detachment and annexation of property among school districts under | ||
| Subchapter C or G, Chapter 49 [ |
||
| SECTION 3.092. Section 311.013(n), Tax Code, is amended to | ||
| read as follows: | ||
| (n) This subsection applies only to a school district whose | ||
| taxable value computed under Section 403.302(d), Government Code, | ||
| is reduced in accordance with Subdivision (4) of that | ||
| subsection. In addition to the amount otherwise required to be | ||
| paid into the tax increment fund, the district shall pay into the | ||
| fund an amount equal to the amount by which the amount of taxes the | ||
| district would have been required to pay into the fund in the | ||
| current year if the district levied taxes at the rate the district | ||
| levied in 2005 exceeds the amount the district is otherwise | ||
| required to pay into the fund in the year of the reduction. This | ||
| additional amount may not exceed the amount the school district | ||
| receives in state aid for the current tax year under Section 48.253 | ||
| [ |
||
| additional amount after the district receives the state aid to | ||
| which the district is entitled for the current tax year under | ||
| Section 48.253 [ |
||
| SECTION 3.093. Section 312.002(g), Tax Code, is amended to | ||
| read as follows: | ||
| (g) "Taxing unit" has the meaning assigned by Section 1.04, | ||
| except that for a tax abatement agreement executed on or after | ||
| September 1, 2001, the term does not include a school district that | ||
| is subject to Chapter 48 [ |
||
| primarily to provide general elementary and secondary public | ||
| education. | ||
| SECTION 3.094. Section 312.210(b), Tax Code, is amended to | ||
| read as follows: | ||
| (b) A tax abatement agreement with the owner of real | ||
| property or tangible personal property that is located in the | ||
| reinvestment zone described by Subsection (a) and in a school | ||
| district that has a local revenue level [ |
||
| does not exceed the [ |
||
| Section 48.257 must exempt from taxation: | ||
| (1) the portion of the value of the property in the | ||
| amount specified in the joint agreement among the municipality, | ||
| county, and junior college district; and | ||
| (2) an amount equal to 10 percent of the maximum | ||
| portion of the value of the property that may under Section | ||
| 312.204(a) be otherwise exempted from taxation. | ||
| SECTION 3.095. Section 313.027(i), Tax Code, is amended to | ||
| read as follows: | ||
| (i) A person and the school district may not enter into an | ||
| agreement under which the person agrees to provide supplemental | ||
| payments to a school district or any other entity on behalf of a | ||
| school district in an amount that exceeds an amount equal to the | ||
| greater of $100 per student per year in average daily attendance, as | ||
| defined by Section 48.005 [ |
||
| year, or for a period that exceeds the period beginning with the | ||
| period described by Section 313.021(4) and ending December 31 of | ||
| the third tax year after the date the person's eligibility for a | ||
| limitation under this chapter expires. This limit does not apply | ||
| to amounts described by Subsection (f)(1) or (2). | ||
| ARTICLE 4. PROPERTY TAX RELIEF | ||
| SECTION 4.001. Effective September 1, 2021, Section | ||
| 13.054(f), Education Code, is amended to read as follows: | ||
| (f) For five years beginning with the school year in which | ||
| the annexation occurs, a school district shall receive additional | ||
| funding under this subsection or Subsection (h). The amount of | ||
| funding shall be determined by multiplying the lesser of the | ||
| enlarged district's local fund assignment computed under Section | ||
| 42.252 or the enlarged district's total cost of tier one by a | ||
| fraction, the numerator of which is the number of students residing | ||
| in the territory annexed to the receiving district preceding the | ||
| date of the annexation and the denominator of which is the number of | ||
| students residing in the district as enlarged on the date of the | ||
| annexation, and multiplying the resulting product by the quotient | ||
| of the enlarged district's maximum compressed tax rate, as | ||
| determined under Section 48.2551, for the current school year | ||
| divided by the receiving district's maximum compressed tax rate, as | ||
| determined under Section 48.2551, for the year in which the | ||
| annexation occurred. | ||
| SECTION 4.002. Effective September 1, 2021, Section 30.003, | ||
| Education Code, is amended by amending Subsection (f-1) and adding | ||
| Subsection (f-2) to read as follows: | ||
| (f-1) The commissioner shall determine the total amount | ||
| that the Texas School for the Blind and Visually Impaired and the | ||
| Texas School for the Deaf would have received from school districts | ||
| in accordance with this section if the following provisions had not | ||
| reduced the districts' share of the cost of providing education | ||
| services: | ||
| (1) H.B. No. 1, Acts of the 79th Legislature, 3rd | ||
| Called Session, 2006; | ||
| (2) Section 45.0032; | ||
| (3) Section 48.255; and | ||
| (4) Section 48.2551. | ||
| (f-2) The amount determined under Subsection (f-1), [ |
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| from school districts, shall be set aside as a separate account in | ||
| the foundation school fund and appropriated to those schools for | ||
| educational purposes. | ||
| SECTION 4.003. Effective September 1, 2020, Section 45.003, | ||
| Education Code, is amended by adding Subsections (d-1), (d-2), | ||
| (d-3), and (d-4) to read as follows: | ||
| (d-1) Except as provided by Subsection (d-2) and Section | ||
| 26.08(a-1), Tax Code, a school district may not adopt a maintenance | ||
| and operations tax rate for the 2020 tax year that exceeds the tax | ||
| rate that results after adjusting the district's 2019 tax rate in | ||
| accordance with Sections 45.0032, 48.202, and 48.255. | ||
| (d-2) Subsection (d-1) does not apply to a school district | ||
| if the amount of the district's entitlement per student in average | ||
| daily attendance under Chapter 48 for the 2020-2021 school year | ||
| does not exceed the district's entitlement under former Chapters 41 | ||
| and 42 for the 2018-2019 school year by more than $20. | ||
| (d-3) The commissioner's rulemaking authority under Section | ||
| 48.004 applies to Subsections (d-1) and (d-2), and the commissioner | ||
| may take any action relating to Subsections (d-1) and (d-2) | ||
| necessary to implement and administer the Foundation School | ||
| Program. | ||
| (d-4) Subsections (d-1), (d-2), (d-3), and this subsection | ||
| expire September 1, 2021. | ||
| SECTION 4.004. Effective September 1, 2021, Sections | ||
| 45.003(d) and (f), Education Code, are amended to read as follows: | ||
| (d) A proposition submitted to authorize the levy of | ||
| maintenance taxes must include the question of whether the | ||
| governing board or commissioners court may levy, assess, and | ||
| collect annual ad valorem taxes for the further maintenance of | ||
| public schools, at a rate not to exceed the rate stated in the | ||
| proposition. For any year, the maintenance tax rate per $100 of | ||
| taxable value adopted by the district may not exceed the rate equal | ||
| to the sum of $0.17 and the district's maximum compressed rate | ||
| [ |
||
| Section 48.2551 [ |
||
| (f) Notwithstanding any other law, a district that levied a | ||
| maintenance tax for the 2005 tax year at a rate greater than $1.50 | ||
| per $100 of taxable value in the district as permitted by special | ||
| law may not levy a maintenance tax at a rate that exceeds the rate | ||
| per $100 of taxable value that is equal to the sum of: | ||
| (1) $0.17; and | ||
| (2) the product of 66.67 percent [ |
||
|
|
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| multiplied by the rate of the maintenance tax levied by the district | ||
| for the 2005 tax year, minus the amount by which $1.00 exceeds the | ||
| state compression percentage, as determined under Section 48.255. | ||
| SECTION 4.005. (a) Effective September 1, 2021, Section | ||
| 45.0032, Education Code, as added by this Act, is amended by adding | ||
| Subsection (a) to read as follows: | ||
| (a) A school district's tier one maintenance and operations | ||
| tax rate is the number of cents levied by the district for | ||
| maintenance and operations that does not exceed the maximum | ||
| compressed rate, as determined under Section 48.2551. | ||
| (b) Section 45.0032(a), Education Code, as added by Article | ||
| 1 of this Act, expires on the effective date of this section. | ||
| SECTION 4.006. Section 46.071, Education Code, is amended | ||
| by adding Subsections (a-1), (b-1), and (c-1) and amending | ||
| Subsections (b) and (c) to read as follows: | ||
| (a-1) Beginning with the 2019-2020 school year, a school | ||
| district is entitled to additional state aid under this subchapter | ||
| to the extent that state and local revenue used to service debt | ||
| eligible under this chapter is less than the state and local revenue | ||
| that would have been available to the district under this chapter as | ||
| it existed on September 1, 2018, if the increase in the residence | ||
| homestead exemption under Section 1-b(c), Article VIII, Texas | ||
| Constitution, and the additional limitation on tax increases under | ||
| Section 1-b(d) of that article as proposed by the 86th Legislature, | ||
| Regular Session, 2019, had not occurred. | ||
| (b) Subject to Subsections (c), (d), and (e) [ |
||
| additional state aid under Subsection (a) [ |
||
| to the amount by which the loss of local interest and sinking | ||
| revenue for debt service attributable to the increase in the | ||
| residence homestead exemption under Section 1-b(c), Article VIII, | ||
| Texas Constitution, and the additional limitation on tax increases | ||
| under Section 1-b(d) of that article as proposed by S.J.R. 1, 84th | ||
| Legislature, Regular Session, 2015, is not offset by a gain in state | ||
| aid under this chapter. | ||
| (b-1) Subject to Subsections (c-1), (d), and (e), | ||
| additional state aid under Subsection (a-1) is equal to the amount | ||
| by which the loss of local interest and sinking revenue for debt | ||
| service attributable to the increase in the residence homestead | ||
| exemption under Section 1-b(c), Article VIII, Texas Constitution, | ||
| and the additional limitation on tax increases under Section 1-b(d) | ||
| of that article as proposed by the 86th Legislature, Regular | ||
| Session, 2019, is not offset by a gain in state aid under this | ||
| chapter. | ||
| (c) For the purpose of determining state aid under | ||
| Subsections (a) and (b) [ |
||
| revenue for debt service is limited to revenue required to service | ||
| debt eligible under this chapter as of September 1, 2015, including | ||
| refunding of that debt, subject to Section 46.061. The limitation | ||
| imposed by Section 46.034(a) does not apply for the purpose of | ||
| determining state aid under this section. | ||
| (c-1) For the purpose of determining state aid under | ||
| Subsections (a-1) and (b-1), local interest and sinking revenue for | ||
| debt service is limited to revenue required to service debt | ||
| eligible under this chapter as of September 1, 2018, including | ||
| refunding of that debt, subject to Section 46.061. The limitation | ||
| imposed by Section 46.034(a) does not apply for the purpose of | ||
| determining state aid under this section. | ||
| SECTION 4.007. Effective September 1, 2021, Section 42.101, | ||
| Education Code, is transferred to Subchapter B, Chapter 48, | ||
| Education Code, as added by this Act, redesignated as Section | ||
| 48.051, Education Code, and amended to read as follows: | ||
| Sec. 48.051 [ |
||
| student in average daily attendance, not including the time | ||
| students spend each day in special education programs in an | ||
| instructional arrangement other than mainstream or career and | ||
| technology education programs, for which an additional allotment is | ||
| made under Subchapter C, a district is entitled to an allotment | ||
| equal to the lesser of $5,880 [ |
||
| from the following formula: | ||
| A = $5,880 [ |
||
| where: | ||
| "A" is the allotment to which a district is entitled; | ||
| "TR" [ |
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| operations [ |
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| [ |
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| and | ||
| "MCR" is the district's [ |
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| as determined under Section 48.2551 [ |
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| (b) A greater amount for any school year may be provided by | ||
| appropriation. | ||
| (c) Out of the total statewide allotment under this section, | ||
| the commissioner shall annually set aside $6 million to fund the | ||
| blended learning grant program under Section 29.924. After | ||
| deducting the amount set aside under this subsection from the total | ||
| statewide allotment under this section, the commissioner shall | ||
| reduce each school district's allotment under this section | ||
| proportionately and allocate funds to each district accordingly. | ||
| [ |
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| [ |
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| SECTION 4.008. Effective September 1, 2021, Section 42.302, | ||
| Education Code, is transferred to Subchapter E, Chapter 48, | ||
| Education Code, as added by this Act, redesignated as Section | ||
| 48.202, Education Code, and amended to read as follows: | ||
| Sec. 48.202 [ |
||
| district is guaranteed a specified amount per weighted student in | ||
| state and local funds for each cent of tax effort over that required | ||
| for the district's local fund assignment up to the maximum level | ||
| specified in this subchapter. The amount of state support, subject | ||
| only to the maximum amount under Section 48.203 [ |
||
| 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[ |
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| "DTR" is the district enrichment tax rate of the school | ||
| district, which is determined by subtracting the amounts specified | ||
| by Subsection (b) from the total amount of maintenance and | ||
| operations taxes collected by the school district for the | ||
| applicable school year and dividing the difference by the quotient | ||
| of the district's taxable value of property as determined under | ||
| Subchapter M, Chapter 403, Government Code, or, if applicable, | ||
| under Section 48.258 [ |
||
| "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 48.258 [ |
||
| (a-1) For purposes of Subsection (a), the dollar amount | ||
| guaranteed level of state and local funds per weighted student per | ||
| cent of tax effort ("GL") for a school district is: | ||
| (1) [ |
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| the amount that results from multiplying $5,880, or the greater | ||
| amount provided under Section 48.051(b), if applicable, by 0.016 | ||
| [ |
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| and operations tax rate exceeds the district's maximum compressed | ||
| rate [ |
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| (2) subject to Subsection (f), the amount that results | ||
| from multiplying $5,880, or the greater amount provided under | ||
| Section 48.051(b), if applicable, by 0.008 [ |
||
| district's maintenance and operations tax effort that exceeds the | ||
| amount of tax effort described by Subdivision (1). | ||
| (a-2) The limitation on district enrichment tax rate | ||
| ("DTR") under Section 48.203 [ |
||
| district's maintenance and operations tax effort described by | ||
| Subsection (a-1)(1). | ||
| (b) In computing the district enrichment tax rate of a | ||
| school district, the total amount of maintenance and operations | ||
| taxes collected by the school district does not include the amount | ||
| of: | ||
| (1) the district's local fund assignment under Section | ||
| 48.256 [ |
||
| (2) taxes paid into a tax increment fund under Chapter | ||
| 311, Tax Code. | ||
| (c) For purposes of this section, school district taxes for | ||
| which credit is granted under Section 31.035, 31.036, or 31.037, | ||
| Tax Code, are considered taxes collected by the school district as | ||
| if the taxes were paid when the credit for the taxes was granted. | ||
| (d) For purposes of this section, the total amount of | ||
| maintenance and operations taxes collected for an applicable school | ||
| year by a school district with alternate tax dates, as authorized by | ||
| Section 26.135, Tax Code, is the amount of taxes collected on or | ||
| after January 1 of the year in which the school year begins and not | ||
| later than December 31 of the same year. | ||
| (e) For purposes of this section, school district taxes for | ||
| which credit is granted under former Subchapter D, Chapter 313, Tax | ||
| Code, are considered taxes collected by the school district as if | ||
| the taxes were paid when the credit for the taxes was granted. | ||
| (f) For a school year in which the dollar amount guaranteed | ||
| level of state and local funds per weighted student per cent of tax | ||
| effort ("GL") under Subsection (a-1)(2) exceeds the dollar amount | ||
| guaranteed level of state and local funds per weighted student per | ||
| cent of tax effort ("GL") under Subsection (a-1)(2) for the | ||
| preceding school year, a school district shall reduce the | ||
| district's tax rate under Section 45.0032(b)(2) for the tax year | ||
| that corresponds to that school year to a rate that results in the | ||
| amount of state and local funds per weighted student per cent of tax | ||
| effort available to the district at the dollar amount guaranteed | ||
| level for the preceding school year. A school district is not | ||
| entitled to the amount equal to the increase of revenue described by | ||
| this subsection for the school year for which the district must | ||
| reduce the district's tax rate. Unless Section 26.08(a-1), Tax | ||
| Code, applies to the district, for a tax year in which a district | ||
| must reduce the district's tax rate under this subsection, the | ||
| district may not increase the district's maintenance and operations | ||
| tax rate to a rate that exceeds the maximum maintenance and | ||
| operations tax rate permitted under Section 45.003(d) or (f), as | ||
| applicable, minus the reduction of tax effort required under this | ||
| subsection. This subsection does not apply if the amount of state | ||
| funds appropriated for a school year specifically excludes the | ||
| amount necessary to provide the dollar amount guaranteed level of | ||
| state and local funds per weighted student per cent of tax effort | ||
| under Subsection (a-1)(2) [ |
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| (f-1) For the 2019 tax year, Subsection (f) applies to a | ||
| district's maintenance and operations tax rate after adjusting the | ||
| district's rate in accordance with Section 45.0032. This | ||
| subsection expires September 1, 2020. | ||
| SECTION 4.009. Effective September 1, 2020, Section | ||
| 42.2516, Education Code, is transferred to Subchapter F, Chapter | ||
| 48, Education Code, as added by this Act, redesignated as Section | ||
| 48.255, Education Code, and amended to read as follows: | ||
| Sec. 48.255 [ |
||
| In this title, "state compression percentage" means the percentage | ||
| of the rate of $1.00 per $100 valuation of taxable property at which | ||
| a school district must levy a [ |
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| operations tax to receive the full amount of the tier one allotment | ||
| to which the district is entitled under this chapter. | ||
| (b) The [ |
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| (1) 85 percent; or | ||
| (2) a lower percentage set [ |
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| appropriation for a school year [ |
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| SECTION 4.010. Effective September 1, 2021, Section | ||
| 42.2516, Education Code, is transferred to Subchapter F, Chapter | ||
| 48, Education Code, as added by this Act, redesignated as Section | ||
| 48.255, Education Code, and amended to read as follows: | ||
| Sec. 48.255 [ |
||
| In this title, "state compression percentage" means the percentage | ||
| of the rate of $1.00 per $100 valuation of taxable property that is | ||
| used to determine a school district's maximum compressed [ |
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| (b) The [ |
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| (1) 85 percent; or | ||
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| SECTION 4.011. Effective September 1, 2021, Subchapter F, | ||
| Chapter 48, Education Code, as added by this Act, is amended by | ||
| adding Sections 48.2551 and 48.2552 to read as follows: | ||
| Sec. 48.2551. MAXIMUM COMPRESSED TAX RATE. (a) In this | ||
| section: | ||
| (1) "DPV" has the meaning assigned by Section 48.256; | ||
| (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) "GLF" is the growth limit factor, which is | ||
| assigned a value as follows: | ||
| (A) 1.025, if "GLP" is assigned the value under | ||
| Subdivision (4)(A); | ||
| (B) 1.035, if "GLP" is assigned the value under | ||
| Subdivision (4)(B); | ||
| (C) 1.045, if "GLP" is assigned the value under | ||
| Subdivision (4)(C); and | ||
| (D) 1.1, if "GLP" is assigned the value under | ||
| Subdivision (4)(D); | ||
| (4) "GLP" is the growth limit percentage, which is | ||
| assigned a value by the commissioner as follows based on the annual | ||
| inflation rate for the current tax year, as determined by the | ||
| comptroller under Subsection (d) using the most recently published | ||
| data: | ||
| (A) 2.5 percent, if the annual inflation rate is | ||
| less than four percent; | ||
| (B) 3.5 percent, if the annual inflation rate is | ||
| equal to or greater than four percent but less than six percent; | ||
| (C) 4.5 percent, if the annual inflation rate is | ||
| equal to or greater than six percent but less than eight percent; or | ||
| (D) 10 percent, if the annual inflation rate is | ||
| equal to or greater than eight percent; | ||
| (5) "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; | ||
| (6) "PYDPV" is the district's value of "DPV" for the | ||
| preceding tax year; and | ||
| (7) "PYMCR" is the district's value of "MCR" for the | ||
| preceding tax year. | ||
| (b) Except as provided by Subsection (c), a district's | ||
| maximum compressed rate ("MCR") is the lesser of: | ||
| (1) the rate determined by the following applicable | ||
| formula: | ||
| (A) if "DPV" exceeds "PYDPV" by an amount equal | ||
| to or greater than "GLP": | ||
| MCR = (GLF((PYDPV+E) X PYMCR))/DPV; or | ||
| (B) if Paragraph (A) does not apply: | ||
| MCR = PYMCR; or | ||
| (2) the product of the state compression percentage, | ||
| as determined under Section 48.255, for the current tax year, | ||
| multiplied by $1.00. | ||
| (c) Notwithstanding Subsection (b), for a district to which | ||
| Section 48.2552(b) applies, the district's maximum compressed rate | ||
| is the value calculated for "MCR" under Subsection (b)(1)(B). | ||
| (c-1) For purposes of determining a district's maximum | ||
| compressed rate ("MCR") under Subsection (b) for the 2021-2022 | ||
| school year, the value of "PYMCR" is $1.00. This subsection expires | ||
| September 1, 2022. | ||
| (d) The comptroller shall determine the annual inflation | ||
| rate based on the Consumer Price Index for All Urban Consumers | ||
| published by the Bureau of Labor Statistics of the United States | ||
| Department of Labor. | ||
| (e) The agency shall calculate and make available school | ||
| districts' maximum compressed rates, as determined under this | ||
| section. | ||
| Sec. 48.2552. LIMITATION ON MAXIMUM COMPRESSED RATE. (a) | ||
| Each year, the agency shall evaluate the difference between school | ||
| districts' maximum compressed rates, as determined under Section | ||
| 48.2551. | ||
| (b) If a school district has a maximum compressed rate that | ||
| is less than 85 percent of another school district's maximum | ||
| compressed rate, the district's maximum compressed rate is | ||
| calculated under Section 48.2551(c) until the agency determines | ||
| that the difference between the district's and another district's | ||
| maximum compressed rates is not more than 15 percent. | ||
| SECTION 4.012. Effective September 1, 2021, Section 48.257, | ||
| Education Code, as added by this Act, is amended by adding | ||
| Subsection (g) to read as follows: | ||
| (g) For a district to which Section 45.003(f) applies, | ||
| revenue generated from any cents of maintenance and operations tax | ||
| effort that exceeds the maximum rate permitted under Section | ||
| 45.003(d) is subject to the revenue limit established under | ||
| Subsection (f). | ||
| SECTION 4.013. Section 49.004, Education Code, as | ||
| transferred, redesignated, and amended by this Act, is amended by | ||
| adding Subsections (a-1), (b-1), and (c-1) to read as follows: | ||
| (a-1) This subsection applies only if the constitutional | ||
| amendment proposed by the 86th Legislature, Regular Session, 2019, | ||
| to increase the amount of the exemption of residence homesteads | ||
| from ad valorem taxation by a school district is approved by the | ||
| voters in an election held for that purpose. As soon as practicable | ||
| after receiving revised property values that reflect adoption of | ||
| the constitutional amendment, the commissioner shall review the | ||
| local revenue level of districts in the state and revise as | ||
| necessary the notifications provided under Subsection (a) for the | ||
| 2019-2020 school year. This subsection expires September 1, 2020. | ||
| (b-1) This subsection applies only to a district that has | ||
| not previously held an election under this chapter. Notwithstanding | ||
| Subsection (b), a district that enters into an agreement to | ||
| exercise an option to reduce the district's local revenue level in | ||
| excess of entitlement under Section 49.002(3), (4), or (5) for the | ||
| 2019-2020 school year may request and, as provided by Section | ||
| 49.0041(a), receive approval from the commissioner to delay the | ||
| date of the election otherwise required to be ordered before | ||
| September 1. This subsection expires September 1, 2020. | ||
| (c-1) Notwithstanding Subsection (c), a district that | ||
| receives approval from the commissioner to delay an election as | ||
| provided by Subsection (b-1) may adopt a tax rate for the 2019 tax | ||
| year before the commissioner certifies that the district has | ||
| reduced its local revenue level to the level established by Section | ||
| 48.257. This subsection expires September 1, 2020. | ||
| SECTION 4.014. Subchapter A, Chapter 49, Education Code, as | ||
| added by this Act, is amended by adding Section 49.0041 to read as | ||
| follows: | ||
| Sec. 49.0041. TRANSITIONAL PROVISIONS: INCREASED | ||
| HOMESTEAD EXEMPTION AND LIMITATION ON TAX INCREASES. (a) The | ||
| commissioner shall approve a district's request under Section | ||
| 49.004(b-1) to delay the date of an election required under this | ||
| chapter if the commissioner determines that the district would not | ||
| have a local revenue level in excess of entitlement if the | ||
| constitutional amendment proposed by the 86th Legislature, Regular | ||
| Session, 2019, to increase the amount of the exemption of residence | ||
| homesteads from ad valorem taxation by a school district were | ||
| approved by the voters. | ||
| (b) The commissioner shall set a date by which each district | ||
| that receives approval under this section must order the election. | ||
| (c) Not later than the 2020-2021 school year, the | ||
| commissioner shall order detachment and annexation of property | ||
| under Subchapter G or consolidation under Subchapter H as necessary | ||
| to reduce the district's local revenue level to the level | ||
| established by Section 48.259 for a district that receives approval | ||
| under this section and subsequently: | ||
| (1) fails to hold the election; or | ||
| (2) does not receive voter approval at the election. | ||
| (d) This section expires September 1, 2021. | ||
| SECTION 4.015. Subchapter A, Chapter 49, Education Code, as | ||
| added by this Act, is amended by adding Section 49.0121 to read as | ||
| follows: | ||
| Sec. 49.0121. TRANSITIONAL ELECTION DATES. (a) This | ||
| section applies only to an election under this chapter that occurs | ||
| during the 2019-2020 school year. | ||
| (b) Section 49.012 does not apply to a district that | ||
| receives approval of a request under Section 49.0041. The district | ||
| shall hold the election on a Tuesday or Saturday on or before a date | ||
| specified by the commissioner. Section 41.001, Election Code, does | ||
| not apply to the election. | ||
| (c) This section expires September 1, 2020. | ||
| SECTION 4.016. Section 49.154, Education Code, as added by | ||
| this Act, is amended by adding Subsection (a-1) to read as follows: | ||
| (a-1) Notwithstanding Subsection (a), a district that | ||
| receives approval of a request under Section 49.0041 shall pay for | ||
| credit purchased in equal monthly payments as determined by the | ||
| commissioner beginning March 15, 2020, and ending August 15, 2020. | ||
| This subsection expires September 1, 2020. | ||
| SECTION 4.017. Section 49.308, Education Code, as added by | ||
| this Act, is amended by adding Subsection (a-1) to read as follows: | ||
| (a-1) Notwithstanding Subsection (a), for the 2019-2020 | ||
| school year, the commissioner shall order any detachments and | ||
| annexations of property under this subchapter as soon as | ||
| practicable after the canvass of the votes on the constitutional | ||
| amendment proposed by the 86th Legislature, Regular Session, 2019, | ||
| to increase the amount of the exemption of residence homesteads | ||
| from ad valorem taxation by a school district. This subsection | ||
| expires September 1, 2020. | ||
| SECTION 4.018. Sections 11.13(b) and (n-1), Tax Code, are | ||
| amended to read as follows: | ||
| (b) An adult is entitled to exemption from taxation by a | ||
| school district of $40,000 [ |
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| adult's residence homestead, except that only $5,000 of the | ||
| exemption applies to an entity operating under former Chapter 17, | ||
| 18, 25, 26, 27, or 28, Education Code, as those chapters existed on | ||
| May 1, 1995, as permitted by Section 11.301, Education Code. | ||
| (n-1) The governing body of a school district, | ||
| municipality, or county that adopted an exemption under Subsection | ||
| (n) for the 2018 [ |
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| repeal the exemption. This subsection expires December 31, 2023 | ||
| [ |
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| SECTION 4.019. Section 11.26(a), Tax Code, is amended to | ||
| read as follows: | ||
| (a) The tax officials shall appraise the property to which | ||
| this section applies and calculate taxes as on other property, but | ||
| if the tax so calculated exceeds the limitation imposed by this | ||
| section, the tax imposed is the amount of the tax as limited by this | ||
| section, except as otherwise provided by this section. A school | ||
| district may not increase the total annual amount of ad valorem tax | ||
| it imposes on the residence homestead of an individual 65 years of | ||
| age or older or on the residence homestead of an individual who is | ||
| disabled, as defined by Section 11.13, above the amount of the tax | ||
| it imposed in the first tax year in which the individual qualified | ||
| that residence homestead for the applicable exemption provided by | ||
| Section 11.13(c) for an individual who is 65 years of age or older | ||
| or is disabled. If the individual qualified that residence | ||
| homestead for the exemption after the beginning of that first year | ||
| and the residence homestead remains eligible for the same exemption | ||
| for the next year, and if the school district taxes imposed on the | ||
| residence homestead in the next year are less than the amount of | ||
| taxes imposed in that first year, a school district may not | ||
| subsequently increase the total annual amount of ad valorem taxes | ||
| it imposes on the residence homestead above the amount it imposed in | ||
| the year immediately following the first year for which the | ||
| individual qualified that residence homestead for the same | ||
| exemption, except as provided by Subsection (b). If the first tax | ||
| year the individual qualified the residence homestead for the | ||
| exemption provided by Section 11.13(c) for individuals 65 years of | ||
| age or older or disabled was a tax year before the 2019 [ |
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| year, the amount of the limitation provided by this section is the | ||
| amount of tax the school district imposed for the 2018 [ |
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| year less an amount equal to the amount determined by multiplying | ||
| $15,000 [ |
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| 2019 [ |
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| improvements made in 2018 [ |
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| comply with governmental regulations or repairs. | ||
| SECTION 4.020. Section 25.23, Tax Code, is amended by | ||
| adding Subsection (a-1) to read as follows: | ||
| (a-1) This subsection applies only to the appraisal records | ||
| for the 2019 tax year. If the appraisal records submitted to the | ||
| appraisal review board include the taxable value of residence | ||
| homesteads or show the amount of the exemption under Section | ||
| 11.13(b) applicable to residence homesteads, the chief appraiser | ||
| shall prepare supplemental appraisal records that reflect an | ||
| exemption amount under that subsection of $40,000. This subsection | ||
| expires December 31, 2020. | ||
| SECTION 4.021. Section 26.04, Tax Code, is amended by | ||
| adding Subsections (a-1) and (c-1) to read as follows: | ||
| (a-1) On receipt of the appraisal roll for the 2019 tax | ||
| year, the assessor for a school district shall determine the total | ||
| taxable value of property taxable by the school district and the | ||
| taxable value of new property based on a residence homestead | ||
| exemption under Section 11.13(b) of $40,000. This subsection | ||
| expires December 31, 2020. | ||
| (c-1) An officer or employee designated by the governing | ||
| body of a school district shall calculate the effective tax rate and | ||
| the rollback tax rate of the school district for the 2019 tax year | ||
| based on a residence homestead exemption under Section 11.13(b) of | ||
| $40,000. This subsection expires December 31, 2020. | ||
| SECTION 4.022. Section 26.08, Tax Code, is amended by | ||
| adding Subsection (q) to read as follows: | ||
| (q) For purposes of this section, the rollback tax rate of a | ||
| school district for the 2019 tax year shall be calculated based on a | ||
| residence homestead exemption under Section 11.13(b) of $40,000. | ||
| This subsection expires December 31, 2020. | ||
| SECTION 4.023. Effective January 1, 2021, Section 26.08(n), | ||
| Tax Code, is amended to read as follows: | ||
| (n) For purposes of this section, the rollback tax rate of a | ||
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| (2) the greater of: | ||
| (A) the district's enrichment tax rate for the | ||
| preceding tax year, less any amount by which the district is | ||
| required to reduce the district's enrichment tax rate under Section | ||
| 48.202(f), Education Code, in the current tax year; or | ||
| (B) [ |
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| SECTION 4.024. Section 26.09, Tax Code, is amended by | ||
| adding Subsection (c-1) to read as follows: | ||
| (c-1) The assessor for a school district shall calculate the | ||
| amount of tax imposed by the school district on a residence | ||
| homestead for the 2019 tax year based on an exemption under Section | ||
| 11.13(b) of $25,000 and separately based on an exemption under that | ||
| subsection of $40,000. This subsection expires December 31, 2020. | ||
| SECTION 4.025. Section 26.15, Tax Code, is amended by | ||
| adding Subsection (h) to read as follows: | ||
| (h) The assessor for a school district shall correct the tax | ||
| roll for the school district for the 2019 tax year to reflect the | ||
| results of the election to approve the constitutional amendment | ||
| proposed by the 86th Legislature, Regular Session, 2019, to | ||
| increase the amount of the exemption of residence homesteads from | ||
| ad valorem taxation by a school district. This subsection expires | ||
| December 31, 2020. | ||
| SECTION 4.026. Section 31.01, Tax Code, is amended by | ||
| adding Subsections (d-2), (d-3), (d-4), and (d-5) to read as | ||
| follows: | ||
| (d-2) This subsection and Subsections (d-3) and (d-4) apply | ||
| only to taxes imposed by a school district on a residence homestead | ||
| for the 2019 tax year. The assessor for the school district shall | ||
| compute the amount of taxes imposed and the other information | ||
| required by this section based on a residence homestead exemption | ||
| under Section 11.13(b) of $40,000. The tax bill or the separate | ||
| statement must indicate that the bill is a provisional tax bill and | ||
| include a statement in substantially the following form: | ||
| "If the amount of the exemption from ad valorem taxation by a | ||
| school district of a residence homestead had not been increased by | ||
| the Texas Legislature, your tax bill would have been $____ (insert | ||
| amount equal to the sum of the amount calculated under Section | ||
| 26.09(c-1) based on an exemption under Section 11.13(b) of $25,000 | ||
| and the total amount of taxes imposed by the other taxing units | ||
| whose taxes are included in the bill). Because of action by the | ||
| Texas Legislature increasing the amount of the residence homestead | ||
| exemption, your tax bill has been lowered by $____ (insert | ||
| difference between amount calculated under Section 26.09(c-1) | ||
| based on an exemption under Section 11.13(b) of $25,000 and amount | ||
| calculated under Section 26.09(c-1) based on an exemption under | ||
| Section 11.13(b) of $40,000), resulting in a lower tax bill of $____ | ||
| (insert amount equal to the sum of the amount calculated under | ||
| Section 26.09(c-1) based on an exemption under Section 11.13(b) of | ||
| $40,000 and the total amount of taxes imposed by the other taxing | ||
| units whose taxes are included in the bill), contingent on the | ||
| approval by the voters at an election to be held November 5, 2019, | ||
| of a constitutional amendment authorizing the residence homestead | ||
| exemption increase. If the constitutional amendment is not | ||
| approved by the voters at the election, a supplemental school | ||
| district tax bill in the amount of $____ (insert difference between | ||
| amount calculated under Section 26.09(c-1) based on an exemption | ||
| under Section 11.13(b) of $25,000 and amount calculated under | ||
| Section 26.09(c-1) based on an exemption under Section 11.13(b) of | ||
| $40,000) will be mailed to you." | ||
| (d-3) A tax bill prepared by the assessor for a school | ||
| district as provided by Subsection (d-2) and mailed to a person in | ||
| whose name property subject to an exemption under Section 11.13(b) | ||
| is listed on the tax roll and to the person's authorized agent as | ||
| provided by Subsection (a) of this section is considered to be a | ||
| provisional tax bill until the canvass of the votes on the | ||
| constitutional amendment proposed by the 86th Legislature, Regular | ||
| Session, 2019, to increase the amount of the exemption of residence | ||
| homesteads from ad valorem taxation by a school district. If the | ||
| constitutional amendment is approved by the voters, the tax bill is | ||
| considered to be a final tax bill for the taxes imposed on the | ||
| property for the 2019 tax year, and no additional tax bill is | ||
| required to be mailed to the person and to the person's authorized | ||
| agent, unless another provision of this title requires the mailing | ||
| of a corrected tax bill. If the constitutional amendment is not | ||
| approved by the voters: | ||
| (1) a tax bill prepared by the assessor for a school | ||
| district as provided by Subsection (d-2) and mailed to a person in | ||
| whose name property subject to an exemption under Section 11.13(b) | ||
| is listed on the tax roll and to the person's authorized agent as | ||
| provided by Subsection (a) of this section is considered to be a | ||
| final tax bill but only as to the portion of the taxes imposed on the | ||
| property for the 2019 tax year that are included in the bill; | ||
| (2) the amount of taxes imposed by each school | ||
| district on a residence homestead for the 2019 tax year is | ||
| calculated based on an exemption under Section 11.13(b) of $25,000; | ||
| and | ||
| (3) except as provided by Subsections (f), (i-1), and | ||
| (k), the assessor for each school district shall prepare and mail a | ||
| supplemental tax bill, by December 1 or as soon thereafter as | ||
| practicable, to each person in whose name property subject to an | ||
| exemption under Section 11.13(b) is listed on the tax roll and to | ||
| the person's authorized agent in an amount equal to the difference | ||
| between the amount calculated under Section 26.09(c-1) based on an | ||
| exemption under Section 11.13(b) of $25,000 and the amount | ||
| calculated under Section 26.09(c-1) based on an exemption under | ||
| Section 11.13(b) of $40,000. | ||
| (d-4) Except as otherwise provided by Subsection (d-3), the | ||
| provisions of this section other than Subsection (d-2) apply to a | ||
| supplemental tax bill mailed under Subsection (d-3). | ||
| (d-5) This subsection and Subsections (d-2), (d-3), and | ||
| (d-4) expire December 31, 2020. | ||
| SECTION 4.027. Section 31.02, Tax Code, is amended by | ||
| adding Subsection (a-1) to read as follows: | ||
| (a-1) Except as provided by Subsection (b) of this section | ||
| and Sections 31.03 and 31.04, taxes for which a supplemental tax | ||
| bill is mailed under Section 31.01(d-3) are due on receipt of the | ||
| tax bill and are delinquent if not paid before March 1 of the year | ||
| following the year in which imposed. This subsection expires | ||
| December 31, 2020. | ||
| SECTION 4.028. (a) An assessor or collector for a school | ||
| district is not liable for civil damages or subject to criminal | ||
| prosecution for compliance in good faith with Section 31.01, Tax | ||
| Code, as amended by this article. | ||
| (b) This section takes effect immediately if this Act | ||
| receives a vote of two-thirds of all the members of each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for this section to take | ||
| immediate effect, this section takes effect on the 91st day after | ||
| the last day of the legislative session. | ||
| (c) This section expires December 31, 2022. | ||
| ARTICLE 5. REPEALER | ||
| SECTION 5.001. (a) The following provisions of the | ||
| Education Code are repealed: | ||
| (1) Section 7.102(c)(5); | ||
| (2) Section 21.0481; | ||
| (3) Section 21.0482; | ||
| (4) Section 21.0483; | ||
| (5) Section 21.0484; | ||
| (6) Section 21.410; | ||
| (7) Section 21.411; | ||
| (8) Section 21.412; | ||
| (9) Section 21.413; | ||
| (10) Sections 28.006(d-1), (e), and (i); | ||
| (11) Section 29.097; | ||
| (12) Section 29.098; | ||
| (13) Section 29.165; | ||
| (14) Section 29.166; | ||
| (15) Sections 29.203(g)(1) and (3); | ||
| (16) Section 39.233; | ||
| (17) Section 39.234; | ||
| (18) the headings to Chapters 41 and 42; | ||
| (19) the heading to Subchapter A, Chapter 41; | ||
| (20) Section 41.002; | ||
| (21) Section 41.0041; | ||
| (22) the heading to Subchapter D, Chapter 41; | ||
| (23) Section 41.0931; | ||
| (24) Section 41.098; | ||
| (25) the heading to Subchapter E, Chapter 41; | ||
| (26) the heading to Subchapter A, Chapter 42; | ||
| (27) the heading to Section 42.006; | ||
| (28) Section 42.007; | ||
| (29) the heading to Subchapter B, Chapter 42; | ||
| (30) Section 42.102; | ||
| (31) Section 42.103; | ||
| (32) Section 42.104; | ||
| (33) the heading to Subchapter C, Chapter 42; | ||
| (34) Section 42.1541; | ||
| (35) Section 42.156; | ||
| (36) Section 42.160; | ||
| (37) the heading to Subchapter E, Chapter 42; | ||
| (38) Section 42.2513; | ||
| (39) Section 42.2517; | ||
| (40) Section 42.2518; | ||
| (41) Section 42.262; | ||
| (42) the headings to Subchapters F and G, Chapter 42; | ||
| and | ||
| (43) Section 42.352. | ||
| (b) Section 322.008(b), Government Code, is repealed. | ||
| (c) The following provisions of the Tax Code are repealed: | ||
| (1) Sections 26.08(o) and (p); and | ||
| (2) Section 312.210(c). | ||
| ARTICLE 6. TRANSITION; CONFLICT OF LAW | ||
| SECTION 6.001. (a) Except as provided by Subsection (b) of | ||
| this section, Article 2 of this Act applies beginning with the | ||
| 2019-2020 school year. | ||
| (b) Section 28.006, Education Code, as amended by this Act, | ||
| applies beginning with the 2020-2021 school year. | ||
| SECTION 6.002. Except as otherwise provided by this Act, | ||
| Section 26.08, Tax Code, as amended by this Act, applies beginning | ||
| with the 2019 tax year. | ||
| SECTION 6.003. Except as otherwise provided by that | ||
| article, Article 4 of this Act applies beginning with the 2019 tax | ||
| year. | ||
| SECTION 6.004. The State Board for Educator Certification | ||
| may not issue a new or renew a master teacher certificate issued | ||
| under Section 21.0481, 21.0482, 21.0483, or 21.0484, Education | ||
| Code, on or after the effective date of this Act. | ||
| SECTION 6.005. The commissioner of education shall select | ||
| one campus that received an unacceptable rating for the 2017-2018 | ||
| school year, regardless of the number of consecutive years the | ||
| campus has received an unacceptable rating, to submit an | ||
| accelerated campus excellence turnaround plan as provided by | ||
| Section 39A.105(b), Education Code, as added by this Act, for the | ||
| 2019-2020 school year. The commissioner may adjust timelines | ||
| established under Chapter 39A, Education Code, for the campus | ||
| selected by the commissioner under this section for purposes of | ||
| developing and implementing the accelerated campus excellence | ||
| turnaround plan. A decision by the commissioner under this section | ||
| is final and may not be appealed. | ||
| SECTION 6.006. Notwithstanding any provision of the | ||
| Education Code, for the 2019 tax year, a school district that took | ||
| action to comply with publication requirements under Section | ||
| 44.004, Education Code, before the effective date of this Act may | ||
| amend the district's previously published notices to comply with | ||
| the changes made to the district's permissible and proposed tax | ||
| rates as a result of this Act by posting those changes on the | ||
| district's Internet website. A school district that complied with | ||
| the law in effect at the time of the district's original publication | ||
| may hold the district's scheduled public hearing as originally | ||
| published. | ||
| SECTION 6.007. Not later than December 1, 2022, the Texas | ||
| Education Agency shall submit the initial report required under | ||
| Section 39.0236, Education Code, as added by this Act. | ||
| SECTION 6.008. To the extent of any conflict, this Act | ||
| prevails over another Act of the 86th Legislature, Regular Session, | ||
| 2019, regardless of the relative dates of enactment. | ||
| ARTICLE 7. EFFECTIVE DATE | ||
| SECTION 7.001. (a) Except as provided by Subsection (b) of | ||
| this section or as otherwise provided by this Act, this Act takes | ||
| effect September 1, 2019. | ||
| (b) Article 2 of this Act takes effect immediately if this | ||
| Act receives a vote of two-thirds of all the members elected to each | ||
| house, as provided by Section 39, Article III, Texas Constitution. | ||
| If this Act does not receive the vote necessary for immediate | ||
| effect, Article 2 of this Act takes effect September 1, 2019. | ||
| SECTION 7.002. Section 1.037 of this Act takes effect only | ||
| if the constitutional amendment proposed by _.J.R. __, 86th | ||
| Legislature, Regular Session, 2019, is not approved by the voters. | ||
| SECTION 7.003. (a) Except as provided by Subsection (b) of | ||
| this section or as otherwise provided by Article 4 of this Act: | ||
| (1) Article 4 of this Act takes effect on the date on | ||
| which the constitutional amendment proposed by _.J.R. __, 86th | ||
| Legislature, Regular Session, 2019, takes effect; and | ||
| (2) if that amendment is not approved by the voters, | ||
| Article 4 of this Act has no effect. | ||
| (b) Sections 25.23(a-1), 26.04(a-1) and (c-1), 26.08(q), | ||
| 26.09(c-1), 26.15(h), 31.01(d-2), (d-3), (d-4), and (d-5), and | ||
| 31.02(a-1), Tax Code, and Sections 49.004(a-1), (b-1), and (c-1), | ||
| 49.0041, 49.0121, 49.154(a-1), and 49.308(a-1), Education Code, as | ||
| added 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 those sections to have | ||
| immediate effect, those sections take effect on the 91st day after | ||
| the last day of the legislative session. | ||
| * * * * * | ||
