Bill Text: TX HB3 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to public school finance and public education; creating a criminal offense; authorizing the imposition of a fee.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-12 - See remarks for effective date [HB3 Detail]
Download: Texas-2019-HB3-Enrolled.html
H.B. No. 3 |
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relating to public school finance and public education; creating a | ||
criminal offense; 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. Subchapter D, Chapter 11, Education Code, is | ||
amended by adding Section 11.184 to read as follows: | ||
Sec. 11.184. EFFICIENCY AUDIT. (a) For purposes of this | ||
section, "efficiency audit" means an investigation of the | ||
operations of a school district to examine fiscal management, | ||
efficiency, and utilization of resources. | ||
(b) Except as provided by Subsection (b-1), the board of | ||
trustees of a school district shall conduct an efficiency audit | ||
before seeking voter approval to adopt a tax rate for the | ||
maintenance and operations of the district at an election held for | ||
that purpose and may not hold the election without complying with | ||
this section. | ||
(b-1) The board of trustees 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, may hold an election | ||
to seek voter approval to adopt a maintenance and operations tax | ||
rate during the two-year period following the date of the | ||
declaration without conducting an efficiency audit otherwise | ||
required under this section. | ||
(c) A school district must pay for the costs associated with | ||
an efficiency audit required under this section. | ||
(d) The board of trustees of a school district must select | ||
an auditor to conduct an efficiency audit under this section not | ||
later than four months before the date on which the district | ||
proposes to hold an election to adopt a maintenance and operations | ||
tax rate. | ||
(e) The board of trustees of a school district may select | ||
for purposes of Subsection (d) the auditor that conducts the | ||
district's annual audit under Section 44.008 and may include the | ||
efficiency audit as part of the district's annual audit. | ||
(f) The Legislative Budget Board shall establish guidelines | ||
identifying the scope and areas of investigation of an efficiency | ||
audit, including identification of resources being used | ||
effectively and efficiently and identification of cost savings or | ||
reallocations. The Legislative Budget Board may consult with the | ||
agency to identify areas in which school districts in this state | ||
have a demonstrated history of effectively utilizing resources to | ||
improve student achievement and achieve cost savings. The auditor | ||
selected by the board of trustees of a school district must follow | ||
the guidelines established by the Legislative Budget Board under | ||
this subsection. | ||
(g) An auditor selected by the board of trustees of a school | ||
district must maintain independence from the district and complete | ||
the efficiency audit not later than three months after the date the | ||
auditor was selected. | ||
(h) Before an election at which a school district seeks | ||
voter approval to adopt a tax rate the board of trustees of the | ||
school district must hold an open meeting to discuss the results of | ||
the efficiency audit conducted under this section. Not later than | ||
30 days before the date of the election, the results of an | ||
efficiency audit conducted under this section must be posted on the | ||
school district's Internet website. | ||
(i) A school district shall provide all documents, records, | ||
and personnel requested by the auditor as needed to conduct the | ||
audit in an efficient manner. | ||
SECTION 1.002. 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 | ||
funding under Sections 48.101, 48.110, 48.111, and 48.112, and | ||
enrichment funding under Section 48.202(a) [ |
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the charter holder would be entitled for the school under Chapter 48 | ||
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share for purposes of Section 48.266 [ |
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(a-1) In determining funding for an open-enrollment charter | ||
school under Subsection (a), the amount of the allotment under | ||
Section 48.102 is based solely on the basic allotment to which the | ||
charter holder is entitled and does not include any amount based on | ||
the allotment under Section 48.101[ |
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(a-2) 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 difference between: | ||
(1) the product of: | ||
(A) the quotient of: | ||
(i) the total amount of funding provided to | ||
eligible school districts under Section 48.101(b) or (c); and | ||
(ii) the total number of students in | ||
average daily attendance in school districts that receive an | ||
allotment under Section 48.101(b) or (c); and | ||
(B) the sum of one and the quotient of: | ||
(i) the total number of students in average | ||
daily attendance in school districts that receive an allotment | ||
under Section 48.101(b) or (c); and | ||
(ii) the total number of students in | ||
average daily attendance in school districts statewide; and | ||
(2) $125. | ||
(a-3) 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-4) In addition to the funding provided by Subsections | ||
(a), (a-2), and (a-3), a charter holder is entitled to receive | ||
funding for the open-enrollment charter school under Sections | ||
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. | ||
SECTION 1.003. 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 | ||
48.256 [ |
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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 dividing the resulting product by the | ||
state compression percentage, as determined under Section 48.255. | ||
SECTION 1.004. (a) Effective September 1, 2019, Section | ||
25.084(b), Education Code, is amended to read as follows: | ||
(b) The 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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(b) Effective September 1, 2020, 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 1.005. 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 1.006. Section 44.004, Education Code, is amended | ||
by amending Subsections (c), (e), and (i) 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 Voter-Approval [ |
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district can adopt before requiring voter approval at an election | ||
is (the school district voter-approval [ |
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under Section 26.08, Tax Code). This election will be automatically | ||
held if the district adopts a rate in excess of the voter-approval | ||
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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. | ||
(i) A school district that uses a certified estimate, as | ||
authorized by Subsection (h), may adopt a budget at the public | ||
meeting designated in the notice prepared using the estimate, but | ||
the district may not adopt a tax rate before the district receives | ||
the certified appraisal roll for the district required by Section | ||
26.01(a), Tax Code. After receipt of the certified appraisal roll, | ||
the district must publish a revised notice and hold another public | ||
meeting before the district may adopt a tax rate that exceeds: | ||
(1) the rate proposed in the notice prepared using the | ||
estimate; or | ||
(2) the district's voter-approval [ |
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determined under Section 26.08, Tax Code, using the certified | ||
appraisal roll. | ||
SECTION 1.007. 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 1.008. Section 45.003, Education Code, is amended | ||
by adding Subsections (b-1) and (d-1) 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 otherwise provided by this subsection or | ||
Section 26.08(a-1), Tax Code, if the voter-approval tax rate of a | ||
school district under Section 26.08(n), Tax Code, excluding the | ||
district's current debt rate under Section 26.08(n)(1)(C), Tax | ||
Code, for the 2019 tax year is equal to or exceeds $0.97 per $100 of | ||
taxable value, the district may not adopt a maintenance and | ||
operations tax rate for the 2019 tax year that exceeds the | ||
district's voter-approval rate, excluding the district's current | ||
debt rate under Section 26.08(n)(1)(C), Tax Code. A school | ||
district that, before January 1, 2019, adopted a strategic plan | ||
through action taken by the board of trustees in a public meeting | ||
that proposed a maintenance and operations tax rate for the 2019 tax | ||
year that exceeds the rate permitted under this subsection may, | ||
subject to voter approval, adopt the rate proposed in the plan minus | ||
the amount by which the district is required to reduce the | ||
district's enrichment tax rate under Section 48.202(f). This | ||
subsection expires 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 1.009. 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. | ||
(a-1) This subsection applies to a school district with a | ||
tier one maintenance and operations tax rate for the 2018-2019 | ||
school year that was less than $1.00 per $100 of taxable value. For | ||
purposes of determining a school district's tier one maintenance | ||
and operations tax rate under Subsection (a) for the 2019-2020 | ||
school year, the state compression percentage, as determined under | ||
Section 48.255, is applied to the number of cents levied by the | ||
district for the 2018-2019 school year for maintenance and | ||
operations that does not exceed $1.00. This subsection expires | ||
September 1, 2020. | ||
(b) A district's enrichment tax rate consists of: | ||
(1) any cents of additional maintenance and operations | ||
tax effort, not to exceed eight 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 voter-approval tax rate, excluding the | ||
district's current debt rate under Section 26.08(n)(1)(C), Tax | ||
Code, 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. | ||
(e) For the 2019 tax year, Section 48.202(f) applies to a | ||
district's maintenance and operations tax rate after adjusting the | ||
district's rate in accordance with this section. This subsection | ||
expires September 1, 2020. | ||
SECTION 1.010. Subtitle I, Title 2, Education Code, is | ||
amended by adding Chapter 47 to read as follows: | ||
CHAPTER 47. TAX REDUCTION AND EXCELLENCE IN EDUCATION FUND | ||
Sec. 47.001. DEFINITION. In this chapter, "fund" means the | ||
tax reduction and excellence in education fund. | ||
Sec. 47.002. FUND ESTABLISHED. (a) The tax reduction and | ||
excellence in education fund is a special fund in the state treasury | ||
outside the general revenue fund. | ||
(b) The fund consists of: | ||
(1) money appropriated by the legislature for deposit | ||
to the credit of the fund; | ||
(2) gifts to the state for the purposes of the fund; | ||
and | ||
(3) money directed by law for deposit to the credit of | ||
the fund. | ||
Sec. 47.003. USES OF FUND. Except as otherwise provided by | ||
this chapter, money in the fund may be appropriated only: | ||
(1) to pay the cost of tier one allotments under | ||
Chapter 48; or | ||
(2) for the purpose of reducing school district | ||
maintenance and operations ad valorem tax rates. | ||
Sec. 47.004. DEPOSIT OF CERTAIN MONEY DEDICATED FOR SCHOOL | ||
DISTRICT AD VALOREM TAX RATE REDUCTION. (a) The comptroller shall | ||
deposit to the credit of the fund money that Section 49-g, Article | ||
III, Texas Constitution, dedicates to the purpose of reducing | ||
school district maintenance and operations ad valorem tax rates. | ||
(b) Money deposited to the fund under this section may be | ||
appropriated from the fund only for the purpose described by | ||
Section 47.003(2). | ||
Sec. 47.005. CERTAIN MONEY DISTRIBUTED TO AVAILABLE SCHOOL | ||
FUND. (a) Of the money distributed to the available school fund | ||
each year under Section 5(g), Article VII, Texas Constitution, the | ||
amount that exceeds the first $300 million is considered part of the | ||
tax reduction and excellence in education fund. | ||
(b) Money considered part of the fund as described by | ||
Subsection (a) may be appropriated only to pay the cost of tier one | ||
allotments under Chapter 48. | ||
Sec. 47.006. DEPOSIT OF MONEY BASED ON CERTAIN SALES AND USE | ||
TAX COLLECTIONS. (a) The comptroller shall deposit to the credit | ||
of the fund on or before the fifth business day after the end of each | ||
month an amount of general revenue equal to the amount of state | ||
sales and use tax revenue collected by marketplace providers on | ||
sales of taxable items made through the marketplace under Section | ||
151.0242, Tax Code, and remitted to this state during the preceding | ||
month, less any amount of that revenue the comptroller estimates | ||
would have been collected and remitted if Section 151.0242 were not | ||
law. | ||
(b) Money deposited to the fund under this section may be | ||
appropriated from the fund only for the purpose described by | ||
Section 47.003(2). | ||
SECTION 1.011. 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 1.012. 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 1.013. 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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commissioner[ |
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[ |
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to implement and administer the Foundation School Program. | ||
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) [ |
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an off-campus instructional program approved under Section | ||
48.007(a) [ |
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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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SECTION 1.014. Effective September 1, 2020, 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 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) A school district or open-enrollment charter school may | ||
use funding attributable to the incentive provided under this | ||
section to pay costs associated with providing academic instruction | ||
in a voluntary summer program for students enrolled in the district | ||
or school. | ||
(g) The commissioner shall adopt rules necessary for the | ||
implementation of this section. | ||
SECTION 1.015. 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 [ |
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DISTRICTS IN DISASTER AREA. (a) The [ |
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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 may [ |
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[ |
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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 [ |
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Sec. 48.007 [ |
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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) [ |
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(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 1.016. 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 1.017. 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) [ |
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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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opportunities as described by Section 33.252 at each campus; [ |
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(4) [ |
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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 [ |
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(d) Not later than January 1, 2020, the commissioner shall | ||
adopt rules requiring the Public Education Information Management | ||
System (PEIMS) to include pregnancy as a reason a student withdraws | ||
from or otherwise no longer attends public school. | ||
SECTION 1.018. 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 [ |
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(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 1.019. 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. | ||
(a-1) The commissioner may modify dates relating to the | ||
adoption of a school district's maintenance and operations tax rate | ||
and, if applicable, an election required for the district to adopt | ||
that rate as necessary to implement the changes made by H.B. 3, 86th | ||
Legislature, Regular Session, 2019. | ||
(b) Before making an adjustment under Subsection (a) or | ||
(a-1), 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 2021-2022 school year, the | ||
commissioner may not make an adjustment under Subsection (a) or | ||
(a-1). | ||
(e) This section expires September 1, 2023. | ||
Sec. 48.012. STUDY ON GEOGRAPHIC EDUCATION COST VARIATIONS | ||
AND TRANSPORTATION COSTS. (a) The agency shall enter into a | ||
memorandum of understanding with a public institution of higher | ||
education to conduct a study on: | ||
(1) geographic variations in known resource costs and | ||
costs of education due to factors beyond the control of school | ||
districts; and | ||
(2) school district transportation costs. | ||
(b) The study must include a review of cost drivers for | ||
school districts. | ||
(c) Not later than December 1, 2020, the agency shall submit | ||
to the legislature a report on the results of the study. | ||
(d) This section expires September 1, 2021. | ||
SECTION 1.020. 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 1.021. 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 [ |
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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 $6,160 [ |
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from the following formula: | ||
A = $6,160 [ |
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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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(b) A greater amount for any school year may be provided by | ||
appropriation. | ||
(c) During any school year for which the maximum amount of | ||
the basic allotment provided under Subsection (a) or (b) is greater | ||
than the maximum amount provided for the preceding school year, a | ||
school district must use at least 30 percent of the amount, if the | ||
amount is greater than zero, that equals the product of the average | ||
daily attendance of the district multiplied by the amount of the | ||
difference between the district's funding under this chapter per | ||
student in average daily attendance for the current school year and | ||
the preceding school year to provide compensation increases to | ||
full-time district employees other than administrators as follows: | ||
(1) 75 percent must be used to increase the | ||
compensation paid to classroom teachers, full-time librarians, | ||
full-time school counselors certified under Subchapter B, Chapter | ||
21, and full-time school nurses, prioritizing differentiated | ||
compensation for classroom teachers with more than five years of | ||
experience; and | ||
(2) 25 percent may be used as determined by the | ||
district to increase compensation paid to full-time district | ||
employees [ |
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(d) In this section, "compensation" includes benefits such | ||
as insurance premiums. | ||
Sec. 48.052 [ |
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Notwithstanding Section 48.051 [ |
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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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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 | ||
[ |
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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 1.022. Subchapter B, Chapter 48, Education Code, as | ||
added by this Act, is amended by adding Section 48.053 to read as | ||
follows: | ||
Sec. 48.053. ALLOTMENT FOR CERTAIN SPECIAL-PURPOSE SCHOOL | ||
DISTRICTS. (a) This section applies only to a special-purpose | ||
school district established under Section 11.351 that is operated | ||
by a general academic teaching institution, as that term is defined | ||
by Section 61.003. | ||
(b) For each student who resides in this state and is | ||
enrolled in the district, a school district to which this section | ||
applies is entitled to funding under this chapter as if the district | ||
had no tier one local share for purposes of Section 48.256. | ||
(c) A school district to which this section applies may | ||
decline to receive funding under Subsection (b). | ||
(d) A school district that receives funding under | ||
Subsection (b) for a school year may not charge tuition or fees to | ||
students enrolled in the district who are residents of this state | ||
for that school year, other than fees authorized under Section | ||
11.158. | ||
SECTION 1.023. 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 1.024. 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 has fewer 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 .0004) X BA | ||
(c) A school district that offers a kindergarten through | ||
grade 12 program and has less 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), if the district is | ||
eligible for that formula; or | ||
(2) AA = ((5,000 - ADA) X .000025) X BA. | ||
(d) Instead of the allotment under Subsection (b) or (c)(1), | ||
a school district that has fewer than 300 students in average daily | ||
attendance and is the only school district located in and operating | ||
in a county is entitled to an annual allotment for each student in | ||
average daily attendance based on the following formula: | ||
AA = ((1,600 - ADA) X .00047) X BA | ||
SECTION 1.025. 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 [ |
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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 [ |
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of the basic allotment and the allotment under Section 48.101 to | ||
which the district is entitled, multiplied by 1.15 [ |
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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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basic allotment and the allotment under Section 48.101 to which the | ||
district is entitled, multiplied by a weight determined according | ||
to instructional arrangement as follows: | ||
Homebound5.0 | ||
Hospital class3.0 | ||
Speech therapy5.0 | ||
Resource room3.0 | ||
Self-contained, mild and moderate, | ||
regular campus3.0 | ||
Self-contained, severe, regular campus3.0 | ||
Off home campus2.7 | ||
Nonpublic day school1.7 | ||
Vocational adjustment class2.3 | ||
(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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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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(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 [ |
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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 [ |
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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 [ |
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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) At least 55 percent of the funds [ |
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this section[ |
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education 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) [ |
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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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basic allotment and the allotment under Section 48.101 to which the | ||
district is entitled [ |
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each full-time equivalent student in average daily attendance, | ||
multiplied by the amount designated for the student's instructional | ||
arrangement under this section, for each day the program is | ||
provided divided by the number of days in the minimum school year. | ||
The total amount of state funding for extended year services under | ||
this section may not exceed $10 million per year. A school district | ||
may use funds received under this section only in providing an | ||
extended year program. | ||
(k) [ |
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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 1.026. Subchapter C, Chapter 48, Education Code, as | ||
added by this Act, is amended by adding Section 48.1021 to read as | ||
follows: | ||
Sec. 48.1021. SPECIAL EDUCATION ALLOTMENT ADVISORY | ||
COMMITTEE. (a) The commissioner shall establish an advisory | ||
committee to develop and make recommendations regarding methods of | ||
financing special education under the public school finance system. | ||
(b) The advisory committee consists of the following | ||
members appointed by the commissioner: | ||
(1) a parent of a student eligible to participate in a | ||
school district's special education program under Section 29.003; | ||
(2) a director of a school district's special | ||
education program under Subchapter A, Chapter 29; | ||
(3) a teacher certified in special education; | ||
(4) a diagnostician; | ||
(5) a licensed specialist in school psychology; | ||
(6) a provider who provides related services, as | ||
described by Section 29.002(2); | ||
(7) a superintendent of a school district; | ||
(8) a member of a school district's board of trustees; | ||
(9) a representative of a disability advocacy | ||
organization; | ||
(10) a member of the special education continuing | ||
advisory committee under Section 29.006; | ||
(11) a teacher certified in general education; | ||
(12) a student eligible to participate in a school | ||
district's special education program under Section 29.003; | ||
(13) a representative of a regional education service | ||
center; and | ||
(14) a school district official who handles business | ||
and finance matters for the district. | ||
(c) Not later than May 1, 2020, the advisory committee, with | ||
assistance from the Legislative Budget Board, shall submit to the | ||
lieutenant governor, the speaker of the house of representatives, | ||
and the standing legislative committees with primary jurisdiction | ||
over public education a report on methods of financing special | ||
education under the public school finance system. The report must | ||
include: | ||
(1) a description of the current funding methods; | ||
(2) an analysis of the possible implementation of a | ||
method of financing special education based on the services and | ||
supports each student receives instead of instructional | ||
arrangement; | ||
(3) data on current special education expenditures | ||
from a representative sample of school districts; and | ||
(4) recommendations for improvements to the current | ||
funding methods or for the implementation of new funding methods. | ||
(d) This section expires September 1, 2021. | ||
SECTION 1.027. 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 0.1 or a | ||
greater amount provided by appropriation. | ||
(b) A school district is entitled to an allotment under | ||
Subsection (a) only for a student who: | ||
(1) is receiving services for dyslexia or a related | ||
disorder in accordance with: | ||
(A) an individualized education program | ||
developed for the student under Section 29.005; or | ||
(B) a plan developed for the student under | ||
Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794); | ||
(2) 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 | ||
(3) 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. | ||
(d) A school district may use an amount not to exceed 20 | ||
percent of the allotment provided for a qualifying student under | ||
this section to contract with a private provider to provide | ||
supplemental academic services to the student that are recommended | ||
under the student's program or plan described by Subsection (b). A | ||
student may not be excused from school to receive supplemental | ||
academic services provided under this subsection. | ||
SECTION 1.028. 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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[ |
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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). | ||
(j-1) In addition to other purposes for which funds | ||
allocated under this section may be used, those funds may also be | ||
used to: | ||
(1) provide child-care services or assistance with | ||
child-care expenses for students at risk of dropping out of school, | ||
as described by Section 29.081(d)(5); or | ||
(2) pay the costs associated with services provided | ||
through a life skills program in accordance with Sections | ||
29.085(b)(1) and (3)-(7). | ||
(k) At least 55 percent of the funds [ |
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under this section must [ |
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(1) fund supplemental programs and services designed | ||
to eliminate any disparity in performance on assessment instruments | ||
administered under Subchapter B, Chapter 39, or disparity in the | ||
rates of high school completion between: | ||
(A) students who are educationally disadvantaged | ||
and students who are not educationally disadvantaged; and | ||
(B) students at risk of dropping out of school, | ||
as defined by Section 29.081, and all other students; or | ||
(2) [ |
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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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(l) The commissioner shall adopt rules regarding the use of | ||
funds described by Subsection (k). The rules: | ||
(1) must: | ||
(A) permit a school district to use those funds | ||
for programs and services that reflect the needs of students at each | ||
campus in the district; and | ||
(B) provide for streamlined reporting on the use | ||
of those funds; and | ||
(2) may not prohibit the use of those funds for any | ||
purpose for which the use of those funds was authorized under former | ||
Section 42.152 as that section existed on September 1, 2018. | ||
(m) The State Board of Education shall adopt rules requiring | ||
a report on the use of funds under Subsection (k) as part of the | ||
annual audit under Section 44.008 and shall develop minimum | ||
requirements for that report. | ||
(n) The commissioner annually shall review each report | ||
required under Subsection (m) for the preceding school year and: | ||
(1) identify each school district that was not in | ||
compliance with Subsection (k) during that school year; and | ||
(2) provide each district identified under | ||
Subdivision (1) a reasonable opportunity to comply with Subsection | ||
(k). | ||
(o) [ |
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determination under Subsection (n) that a school district was not | ||
in compliance with Subsection (k) for the 2021-2022 school year or a | ||
subsequent school year [ |
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school fund payment an amount equal to the amount of compensatory | ||
education funds the commissioner [ |
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in compliance with Subsection (k) [ |
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release to a district funds withheld under this subsection when the | ||
district provides to the commissioner a detailed plan to spend | ||
those funds in compliance with Subsection (k) [ |
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whether a school district is subject to the withholding of funding | ||
required under this subsection, the commissioner may consider the | ||
district's average use of funds for the three preceding school | ||
years. | ||
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SECTION 1.029. Subchapter C, Chapter 48, Education Code, as | ||
added by this Act, is amended by adding Section 48.1041 to read as | ||
follows: | ||
Sec. 48.1041. COMPENSATORY EDUCATION ALLOTMENT ADVISORY | ||
COMMITTEE. (a) The commissioner shall establish an advisory | ||
committee to advise the agency in adopting rules for the | ||
compensatory education allotment under Section 48.104, including: | ||
(1) rules establishing the economic criteria | ||
described by Section 48.104(c)(5); | ||
(2) rules detailing the method to count students who | ||
qualify for the allotment in: | ||
(A) a dropout recovery school or program; or | ||
(B) a residential treatment facility; | ||
(3) methods for properly counting students who are | ||
homeless within the meaning of "homeless children and youths" under | ||
42 U.S.C. Section 11434a; and | ||
(4) rules to determine the appropriate weight by which | ||
to adjust the basic allotment in determining the compensatory | ||
allotment for students described by Subdivision (3). | ||
(b) The advisory committee consists of members appointed by | ||
the commissioner, including: | ||
(1) school district superintendents and chief | ||
financial officers; | ||
(2) classroom teachers; | ||
(3) representatives of school districts located in an | ||
area other than an urban area, as designated by the United States | ||
Census Bureau; | ||
(4) at least one representative of an open-enrollment | ||
charter school; | ||
(5) demographers; | ||
(6) experts on census data; | ||
(7) public school finance experts; and | ||
(8) appropriate employees of the agency. | ||
(c) Members of the advisory committee serve at the pleasure | ||
of the commissioner. | ||
(d) A member of the advisory committee is not entitled to | ||
receive compensation for service on the committee or reimbursement | ||
for expenses incurred in performing official duties as a member of | ||
the committee. | ||
(e) Chapter 2110, Government Code, does not apply to the | ||
advisory committee. | ||
(f) Not less than once every two years, the advisory | ||
committee shall review census and student data and provide | ||
recommendations to the agency regarding any suggested changes to | ||
the rules adopted for the compensatory education allotment under | ||
Section 48.104. | ||
SECTION 1.030. 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 [ |
||
For each student in average daily attendance in a bilingual | ||
education or special language program under Subchapter B, Chapter | ||
29, a district is entitled to an annual allotment equal to the | ||
[ |
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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. | ||
(b) At least 55 percent of the funds [ |
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this section[ |
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bilingual education or special language programs under Subchapter | ||
B, Chapter 29[ |
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[ |
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allocation may be used only for program and student evaluation, | ||
instructional materials and equipment, staff development, | ||
supplemental staff expenses, salary supplements for teachers, | ||
incremental costs associated with providing smaller class sizes, | ||
and other supplies required for quality instruction [ |
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(c) The State Board of Education shall adopt rules requiring | ||
a report on the use of funds under Subsection (b) as part of the | ||
annual audit under Section 44.008 and shall develop minimum | ||
requirements for that report. | ||
(d) The commissioner annually shall review each report | ||
required under Subsection (c) for the preceding school year and: | ||
(1) identify each school district that was not in | ||
compliance with Subsection (b) during that school year; and | ||
(2) provide each district identified under | ||
Subdivision (1) a reasonable opportunity to comply with Subsection | ||
(b). | ||
(e) The commissioner, in the year following a determination | ||
under Subsection (d) that a school district was not in compliance | ||
with Subsection (b) for the 2021-2022 school year or a subsequent | ||
school year, shall withhold from the district's foundation school | ||
fund payment an amount equal to the amount of bilingual education or | ||
special language funds the commissioner determines were not used in | ||
compliance with Subsection (b). The commissioner shall release to a | ||
district funds withheld under this subsection when the district | ||
provides to the commissioner a detailed plan to spend those funds in | ||
compliance with Subsection (b). In determining whether a school | ||
district is subject to the withholding of funding required under | ||
this subsection, the commissioner may consider the district's | ||
average use of funds for the three preceding school years. | ||
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 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 for each of the following in which [ |
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student is enrolled: | ||
(A) [ |
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technology education classes for a total of three or more credits; | ||
(B) a campus designated as a P-TECH school under | ||
Section 29.556; or | ||
(C) a campus that is a member of the New Tech | ||
Network and that focuses on project-based learning and work-based | ||
education. | ||
(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) At least 55 percent of the funds [ |
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this section[ |
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career and technology education programs in grades 7 [ |
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12 [ |
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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 1.031. Subchapter C, Chapter 48, Education Code, as | ||
added by this Act, is amended by adding Sections 48.108, 48.110, | ||
48.1101, 48.111, 48.112, and 48.114 to read as follows: | ||
Sec. 48.108. EARLY EDUCATION 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 and mathematics in prekindergarten through third grade, | ||
including programs and services designed to assist the district in | ||
achieving the goals set in the district's early childhood literacy | ||
and mathematics proficiency plans adopted under Section 11.185. | ||
(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. | ||
Sec. 48.110. COLLEGE, CAREER, OR MILITARY READINESS | ||
OUTCOMES BONUS. (a) The purpose of this section is to further the | ||
goal set under the state's master plan for higher education | ||
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. | ||
(b) For purposes of the outcomes bonus under this section, | ||
the commissioner shall determine the threshold percentage as | ||
provided by Subsection (g) for college, career, or military | ||
readiness as described by Subsection (f) for each of the following | ||
cohorts: | ||
(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. | ||
(c) Each year, the commissioner shall determine for each | ||
school district the minimum number of annual graduates in each | ||
cohort described by Subsection (b) who would have to demonstrate | ||
college, career, or military readiness as described by Subsection | ||
(f) 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 | ||
(b). | ||
(d) For each annual graduate in a cohort described by | ||
Subsection (b) who demonstrates college, career, or military | ||
readiness as described by Subsection (f) in excess of the minimum | ||
number of students determined for the applicable district cohort | ||
under Subsection (c), 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. | ||
(e) A school district is entitled to an outcomes bonus under | ||
each subdivision of Subsection (d) for which an annual graduate | ||
qualifies. | ||
(f) For purposes of this section, an annual graduate | ||
demonstrates: | ||
(1) college readiness if the annual graduate: | ||
(A) achieves college readiness standards used | ||
for accountability purposes under Chapter 39 on the ACT, the SAT, or | ||
an assessment instrument designated by the Texas Higher Education | ||
Coordinating Board under Section 51.334; and | ||
(B) during a time period established by | ||
commissioner rule, enrolls at a postsecondary educational | ||
institution; | ||
(2) career readiness if the annual graduate: | ||
(A) achieves college readiness standards used | ||
for accountability purposes under Chapter 39 on the ACT, the SAT, or | ||
an assessment instrument designated by the Texas Higher Education | ||
Coordinating Board under Section 51.334; and | ||
(B) during a time period established by | ||
commissioner rule, earns an industry-accepted certificate; and | ||
(3) military readiness if the annual graduate: | ||
(A) achieves a passing score set by the | ||
applicable military branch on the Armed Services Vocational | ||
Aptitude Battery; and | ||
(B) during a time period established by | ||
commissioner rule, enlists in the armed forces of the United | ||
States. | ||
(g) The commissioner shall establish the threshold | ||
percentages under Subsection (b) using the 25th percentile of | ||
statewide college, career, or military readiness as described by | ||
Subsection (f) for the applicable cohort of annual graduates during | ||
the 2016-2017 school year. | ||
(h) On application by a school district, the commissioner | ||
may allow annual graduates from the district to satisfy the | ||
requirement for demonstrating career readiness under Subsection | ||
(f)(2)(B) by successfully completing a coherent sequence of courses | ||
required to obtain an industry-accepted certificate. The district | ||
must demonstrate in the application that the district is unable to | ||
provide sufficient courses or programs to enable students enrolled | ||
at the district to earn an industry-accepted certificate within the | ||
time period established by the commissioner under Subsection | ||
(f)(2)(B). The commissioner by rule shall provide the criteria | ||
required for an application under this subsection. | ||
(i) At least 55 percent of the funds allocated under this | ||
section must be used in grades 8 through 12 to improve college, | ||
career, and military readiness outcomes as described by Subsection | ||
(f). | ||
Sec. 48.1101. STUDY ON ALTERNATIVE CAREER READINESS | ||
MEASURES FOR SMALL AND RURAL DISTRICTS. (a) The agency shall | ||
conduct a study on alternative career readiness measures for small | ||
and rural school districts to determine if annual graduates | ||
demonstrate career readiness under Section 48.110(f)(2)(B). | ||
(b) Not later than January 1, 2021, the agency shall submit | ||
to the legislature a report on the results of the study and any | ||
recommendations for legislative or other action. | ||
(c) This section expires September 1, 2021. | ||
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 0.04 for each | ||
student in average daily attendance. | ||
Sec. 48.112. TEACHER INCENTIVE ALLOTMENT. (a) In this | ||
section, "rural campus" means a school campus that is: | ||
(1) located in: | ||
(A) an area that is not designated as an | ||
urbanized area or an urban cluster by the United States Census | ||
Bureau; and | ||
(B) a school district with fewer than 5,000 | ||
enrolled students; or | ||
(2) designated as a rural campus under rules adopted | ||
by the commissioner. | ||
(b) To ensure classroom teachers in this state have access | ||
to a six-figure salary, the allotment provided to a school district | ||
under this section offers resources to the district to increase | ||
teacher compensation and prioritize funding for high needs and | ||
rural district campuses. | ||
(c) For each classroom teacher with a teacher designation | ||
under Section 21.3521 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 (d): | ||
(1) $12,000, or an increased amount not to exceed | ||
$32,000 as determined under Subsection (d), for each master | ||
teacher; | ||
(2) $6,000, or an increased amount not to exceed | ||
$18,000 as determined under Subsection (d), for each exemplary | ||
teacher; and | ||
(3) $3,000, or an increased amount not to exceed | ||
$9,000 as determined under Subsection (d), for each recognized | ||
teacher. | ||
(d) 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 (e): | ||
(1) $5,000 for each master teacher; | ||
(2) $3,000 for each exemplary teacher; and | ||
(3) $1,500 for each recognized teacher. | ||
(e) Except as provided by Subsection (f), 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). | ||
(f) 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 (e)(1) or (2). | ||
(g) A district is entitled to receive an increased allotment | ||
under this section in the amount necessary for reimbursement for | ||
any fees paid under Section 21.3521. | ||
(h) The commissioner shall annually make available to the | ||
public a list of campuses with the projected allotment amounts per | ||
teacher designation at each campus. | ||
(i) A district shall annually certify that: | ||
(1) funds received under this section were used as | ||
follows: | ||
(A) at least 90 percent of each allotment | ||
received under Subsection (c) was used for the compensation of | ||
teachers employed at the campus at which the teacher for whom the | ||
district received the allotment is employed; and | ||
(B) any other funds received under this section | ||
were used for costs associated with implementing Section 21.3521, | ||
including efforts to support teachers in obtaining designations; | ||
and | ||
(2) the district prioritized high needs campuses in | ||
the district in using funds received under this section. | ||
Sec. 48.114. MENTOR PROGRAM ALLOTMENT. (a) A school | ||
district that has implemented a mentoring program for classroom | ||
teachers who have less than two years of teaching experience under | ||
Section 21.458 is entitled to an allotment as determined under | ||
Subsection (b) to fund the mentoring program and to provide | ||
stipends for mentor teachers. | ||
(b) The commissioner shall adopt a formula to determine the | ||
amount to which each district described by Subsection (a) is | ||
entitled. | ||
(c) Funding provided to districts under this section may be | ||
used only for providing: | ||
(1) mentor teacher stipends; | ||
(2) scheduled release time for mentor teachers and the | ||
classroom teachers to whom they are assigned for meeting and | ||
engaging in mentoring activities; and | ||
(3) mentoring support through providers of mentor | ||
training. | ||
SECTION 1.032. 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 1.033. 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 is not classified as a | ||
student eligible for special education services; 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) The [ |
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appropriated for allotments under this section may not exceed $100 | ||
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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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SECTION 1.034. 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 1.035. 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 1.036. Subchapter D, Chapter 48, Education Code, as | ||
added by this Act, is amended by adding Sections 48.155 and 48.156 | ||
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). | ||
SECTION 1.037. 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 1.038. 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 or by the quotient of the value of "DPV" as | ||
determined under Section 48.256(d) if that subsection applies to | ||
the district [ |
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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 or by the quotient of the value of | ||
"DPV" as determined under Section 48.256(d) if that subsection | ||
applies to the district [ |
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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) the greater of the amount of district tax revenue | ||
per weighted student per cent of tax effort [ |
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available to a school district at the 96th percentile of wealth per | ||
weighted student [ |
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greater amount provided under Section 48.051(b), if applicable, by | ||
0.016 [ |
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district's maintenance 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 $6,160, 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) Notwithstanding Subsection (f), for the 2019-2020 | ||
school year, the reduction of a school district's tax rate required | ||
under Subsection (f) applies to the district's total enrichment tax | ||
rate under Section 45.0032(b) minus eight cents. 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 1.039. 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 1.040. Sections 42.251, 42.2511, 42.2514, 42.2515, | ||
42.2516, and 42.252, 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, 48.255, and 48.256, | ||
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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[ |
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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. (a) 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. | ||
(b) A school district shall provide to the agency any | ||
agreements, amendments to agreements, or other information | ||
required by the agency to implement this section. | ||
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) 93 percent; or | ||
(2) a lower percentage set [ |
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appropriation for a school year [ |
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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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[ |
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[ |
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[ |
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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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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. | ||
(d) This subsection applies to a school district in which | ||
the board of trustees entered into a written agreement with a | ||
property owner under Section 313.027, Tax Code, for the | ||
implementation of a limitation on appraised value under Subchapter | ||
B or C, Chapter 313, Tax Code. For purposes of determining "DPV" | ||
under Subsection (a) for a school district to which this subsection | ||
applies, the commissioner shall exclude a portion of the market | ||
value of property not otherwise fully taxable by the district under | ||
Subchapter B or C, Chapter 313, Tax Code, before the expiration of | ||
the subchapter. The comptroller shall provide information to the | ||
agency necessary for this subsection. A revenue protection payment | ||
required as part of an agreement for a limitation on appraised value | ||
shall be based on the district's taxable value of property for the | ||
preceding tax year. | ||
(e) Subsection (d) does not apply to property that was the | ||
subject of an application under Subchapter B or C, Chapter 313, Tax | ||
Code, made after May 1, 2009, that the comptroller recommended | ||
should be disapproved. [ |
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SECTION 1.041. 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 | ||
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 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 required reduction in | ||
a district's tier one revenue level under Subsection (a) results in | ||
an amount that is less than the amount of the district's entitlement | ||
under Section 48.266(a)(1) less the district's distribution from | ||
the state available school fund, the agency shall adjust the amount | ||
of the reduction required in the district's tier one revenue level | ||
under Subsection (a) up to the amount of local funds necessary for | ||
the district's entitlement under Section 48.266(a)(1) less the | ||
district's distribution from the state available school fund. | ||
(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). | ||
(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 1.042. 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 [ |
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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) [ |
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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 [ |
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(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 voter-approval [ |
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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 [ |
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AFFECTED BY STATE OF DISASTER. (a) For purposes of Chapters [ |
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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) [ |
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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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(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) [ |
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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: | ||
(1) defining "disaster remediation costs" for | ||
purposes of this section, which must include the cost to repair or | ||
replace vehicles or computers damaged in the disaster; and | ||
(2) specifying the type of documentation required | ||
under Subsection (d) [ |
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(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) [ |
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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 [ |
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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) [ |
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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, [ |
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(2) the amount of money to which a school district is | ||
entitled under Subchapter E [ |
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(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 [ |
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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) [ |
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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 [ |
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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) [ |
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for increases under Subsection (g) [ |
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comptroller, at any time during the fiscal year, finds are | ||
available. | ||
(i) [ |
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district the total amount by which the district's allocation of | ||
state funds is increased or reduced under Subsection (g) [ |
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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. | ||
(c) In addition to the funding provided under Subsection | ||
(b), a school district is entitled to reimbursement for the amount | ||
of interest included in a refund made by the district under Section | ||
42.43, Tax Code, in the state fiscal year ending August 31, 2018, or | ||
August 31, 2019. This subsection expires September 1, 2021. | ||
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) Subject to Subsection (f), 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. | ||
(f) The agency may not review school district expenditures | ||
that occurred seven or more years before the review. | ||
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 1.043. Subchapter F, Chapter 48, Education Code, as | ||
added by this Act, is amended by adding Sections 48.277, 48.278, and | ||
48.279 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) 103 percent of the district's or school's total | ||
maintenance and operations revenue per student in average daily | ||
attendance for the 2019-2020 school year 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 2019-2020 school | ||
year 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 2019-2020 or 2020-2021 school year, whichever is greater; | ||
(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; and | ||
(C) an adjustment for property value affected by | ||
a state of disaster under former Section 42.2523; | ||
(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 decision by the commissioner under this section is | ||
final and may not be appealed. | ||
(d) 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-1) Subject to Subsection (d-2), 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 total maintenance and operations | ||
revenue per student in average daily attendance that would have | ||
been available to the district or school under former Chapters 41 | ||
and 42, as those chapters existed on January 1, 2019. For purposes | ||
of calculating a district's maintenance and operations revenue | ||
under this subsection, the commissioner shall: | ||
(1) apply Subsection (b); and | ||
(2) in calculating a district's maintenance and | ||
operations revenue under former Chapters 41 and 42, as those | ||
chapters existed on January 1, 2019, exclude any additional revenue | ||
the district would have received under former Sections 41.002(e) | ||
through (g), as those sections existed on January 1, 2019. | ||
(d-2) A school district or open-enrollment charter school | ||
may only receive an allotment under Subsection (a) or (d-1), | ||
whichever is greater, but not both. | ||
(d-3) Subsections (d-1) and (d-2) and this subsection | ||
expire September 1, 2021. | ||
(e) 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. | ||
SECTION 1.044. 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 1.045. 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 1.046. Subchapter G, Chapter 48, Education Code, as | ||
added by this Act, is amended by adding Section 48.302 to read as | ||
follows: | ||
Sec. 48.302. SUBSIDY FOR HIGH SCHOOL EQUIVALENCY | ||
EXAMINATION FOR CERTAIN INDIVIDUALS. (a) In this section, | ||
"commission" means the Texas Workforce Commission. | ||
(b) The agency shall enter into a memorandum of | ||
understanding with the commission for the agency to transfer to the | ||
commission funds specifically appropriated to the agency for the | ||
commission to provide to an individual who is 21 years of age or | ||
older a subsidy in an amount equal to the cost of taking one high | ||
school equivalency examination administered under Section 7.111. | ||
(c) The commission shall adopt rules to implement the | ||
subsidy program described by Subsection (b), including rules | ||
regarding eligibility requirements. | ||
SECTION 1.047. 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 1.048. 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 1.049. 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 estimates [ |
||
under Section 48.269 [ |
||
local revenue level [ |
||
state and 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 [ |
||
|
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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 1.050. 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 [ |
||
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 [ |
||
|
||
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 [ |
||
[ |
||
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 [ |
||
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 [ |
||
established under Section 48.257. | ||
SECTION 1.051. 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 [ |
||
the district from which territory is detached is equal to or less | ||
than the [ |
||
and | ||
(2) the local revenue level [ |
||
the district to which territory is annexed is not greater than the | ||
dollar amount guaranteed level of [ |
||
[ |
||
|
||
(b) The agreement is not effective unless the commissioner | ||
certifies that, after all actions taken under this chapter, the | ||
local revenue level [ |
||
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 1.052. 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 1.053. 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 [ |
||
|
||
with the commissioner to purchase attendance credit [ |
||
amount sufficient, in combination with any other actions taken | ||
under this chapter, to reduce the district's local revenue level | ||
[ |
||
[ |
||
Sec. 49.152 [ |
||
credit purchased decreases the dollar amount of a district's local | ||
revenue level[ |
||
|
||
|
||
district exceeds the [ |
||
Section 48.257. | ||
[ |
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|
||
|
||
Sec. 49.153 [ |
||
|
||
[ |
||
[ |
||
operations tax revenue that exceeds the level established under | ||
Section 48.257 [ |
||
|
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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 [ |
||
is computed using the final tax collections of the district. | ||
Sec. 49.154 [ |
||
shall pay for credit [ |
||
(1) in equal monthly payments as determined by the | ||
commissioner beginning February 15 and ending August 15 of the | ||
school year for which the agreement is in effect; or | ||
(2) in one payment for the total amount required to be | ||
paid by the district not later than August 15 of the school year for | ||
which the agreement is in effect. | ||
(a-1) If a school district elects to pay for credit | ||
purchased in the manner provided by Subsection (a)(2), the district | ||
must notify the commissioner not later than February 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 1.054. 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 1.055. 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 1.056. 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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from a school district with a local revenue [ |
||
|
||
not claim attendance for that student for purposes of Chapters [ |
||
|
||
allotment under Section 31.0211. | ||
SECTION 1.057. 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 1.058. 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 1.059. 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) [ |
||
|
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|
||
(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) [ |
||
|
||
|
||
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. 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) [ |
||
|
||
|
||
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 1.060. 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 1.061. Section 403.302(d), Government Code, is | ||
amended to read as follows: | ||
(d) For the purposes of this section, "taxable value" means | ||
the market value of all taxable property less: | ||
(1) the total dollar amount of any residence homestead | ||
exemptions lawfully granted under Section 11.13(b) or (c), Tax | ||
Code, in the year that is the subject of the study for each school | ||
district; | ||
(2) one-half of the total dollar amount of any | ||
residence homestead exemptions granted under Section 11.13(n), Tax | ||
Code, in the year that is the subject of the study for each school | ||
district; | ||
(3) the total dollar amount of any exemptions granted | ||
before May 31, 1993, within a reinvestment zone under agreements | ||
authorized by Chapter 312, Tax Code; | ||
(4) subject to Subsection (e), the total dollar amount | ||
of any captured appraised value of property that: | ||
(A) is within a reinvestment zone created on or | ||
before May 31, 1999, or is proposed to be included within the | ||
boundaries of a reinvestment zone as the boundaries of the zone and | ||
the proposed portion of tax increment paid into the tax increment | ||
fund by a school district are described in a written notification | ||
provided by the municipality or the board of directors of the zone | ||
to the governing bodies of the other taxing units in the manner | ||
provided by former Section 311.003(e), Tax Code, before May 31, | ||
1999, and within the boundaries of the zone as those boundaries | ||
existed on September 1, 1999, including subsequent improvements to | ||
the property regardless of when made; | ||
(B) generates taxes paid into a tax increment | ||
fund created under Chapter 311, Tax Code, under a reinvestment zone | ||
financing plan approved under Section 311.011(d), Tax Code, on or | ||
before September 1, 1999; and | ||
(C) is eligible for tax increment financing under | ||
Chapter 311, Tax Code; | ||
(5) the total dollar amount of any captured appraised | ||
value of property that: | ||
(A) is within a reinvestment zone: | ||
(i) created on or before December 31, 2008, | ||
by a municipality with a population of less than 18,000; and | ||
(ii) the project plan for which includes | ||
the alteration, remodeling, repair, or reconstruction of a | ||
structure that is included on the National Register of Historic | ||
Places and requires that a portion of the tax increment of the zone | ||
be used for the improvement or construction of related facilities | ||
or for affordable housing; | ||
(B) generates school district taxes that are paid | ||
into a tax increment fund created under Chapter 311, Tax Code; and | ||
(C) is eligible for tax increment financing under | ||
Chapter 311, Tax Code; | ||
(6) the total dollar amount of any exemptions granted | ||
under Section 11.251 or 11.253, Tax Code; | ||
(7) the difference between the comptroller's estimate | ||
of the market value and the productivity value of land that | ||
qualifies for appraisal on the basis of its productive capacity, | ||
except that the productivity value estimated by the comptroller may | ||
not exceed the fair market value of the land; | ||
(8) the portion of the appraised value of residence | ||
homesteads of individuals who receive a tax limitation under | ||
Section 11.26, Tax Code, on which school district taxes are not | ||
imposed in the year that is the subject of the study, calculated as | ||
if the residence homesteads were appraised at the full value | ||
required by law; | ||
(9) a portion of the market value of property not | ||
otherwise fully taxable by the district at market value because | ||
of[ |
||
[ |
||
constitution of this state, other than Section 11.311, Tax Code, | ||
that, if the tax rate adopted by the district is applied to it, | ||
produces an amount equal to the difference between the tax that the | ||
district would have imposed on the property if the property were | ||
fully taxable at market value and the tax that the district is | ||
actually authorized to impose on the property, if this subsection | ||
does not otherwise require that portion to be deducted; [ |
||
[ |
||
|
||
|
||
(10) the market value of all tangible personal | ||
property, other than manufactured homes, owned by a family or | ||
individual and not held or used for the production of income; | ||
(11) the appraised value of property the collection of | ||
delinquent taxes on which is deferred under Section 33.06, Tax | ||
Code; | ||
(12) the portion of the appraised value of property | ||
the collection of delinquent taxes on which is deferred under | ||
Section 33.065, Tax Code; and | ||
(13) the amount by which the market value of a | ||
residence homestead to which Section 23.23, Tax Code, applies | ||
exceeds the appraised value of that property as calculated under | ||
that section. | ||
SECTION 1.062. 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[ |
||
|
||
|
||
(b) For purposes of this section,[ |
||
[ |
||
described by: | ||
(1) Subsection (a)(1) [ |
||
|
||
21.402, Education Code [ |
||
|
||
|
||
(2) Subsection (a)(2) [ |
||
|
||
|
||
|
||
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[ |
||
|
||
|
||
(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 1.063. Section 26.08, Tax Code, is amended by | ||
amending Subsections (a), (b), (i), and (n) and adding Subsections | ||
(a-1) and (n-1) to read as follows: | ||
(a) If the governing body of a school district adopts a tax | ||
rate that exceeds the district's voter-approval [ |
||
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, wildfire, 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 voter-approval tax rate for that tax year may not be | ||
considered when calculating the district's voter-approval 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 [ |
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prescribed by [ |
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occurs after the date of the election order and that allows | ||
sufficient time to comply with the requirements of other law [ |
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the ballots shall be prepared to permit voting for or against the | ||
proposition: "Ratifying [ |
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(insert adopted tax rate) [ |
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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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(i) For purposes of this section, "enrichment tax rate" has | ||
the meaning assigned by Section 45.0032, Education Code [ |
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(n) For purposes of this section, the voter-approval | ||
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(1) for the 2019 [ |
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following: | ||
(A) the rate [ |
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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) [ |
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(2) for the 2020 [ |
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sum [ |
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(A) [ |
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[ |
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that is equal to the product of the state compression percentage, as | ||
determined under Section 48.255 [ |
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current year and $1.00 [ |
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(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 $0.05 [ |
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taxable value; and | ||
(C) [ |
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(n-1) For the 2020 tax year, a school district shall | ||
substitute "$0.04" for "$0.05" in Subsection (n)(2)(B)(ii) if the | ||
governing body of the district does not adopt by unanimous vote for | ||
that tax year a maintenance and operations tax rate at least equal | ||
to the sum of the rate described by Subsection (n)(2)(A) and the | ||
rate of $0.05 per $100 of taxable value. | ||
SECTION 1.064. Chapter 26, Tax Code, is amended by adding | ||
Section 26.151 to read as follows: | ||
Sec. 26.151. ESCROW ACCOUNT FOR PROPERTY TAXES. (a) In this | ||
section: | ||
(1) "Home loan" has the meaning assigned by Section | ||
343.001, Finance Code. | ||
(2) "Home loan servicer" means a person who: | ||
(A) receives scheduled payments from a borrower | ||
under the terms of a home loan, including amounts for escrow | ||
accounts; and | ||
(B) makes the payments of principal and interest | ||
to the owner of the loan or other third party and makes any other | ||
payments with respect to the amounts received from the borrower as | ||
may be required under the terms of the servicing loan document or | ||
servicing contract. | ||
(3) "Property tax escrow account" means an escrow | ||
account maintained by a lender or loan servicer to hold funds | ||
prepaid by the borrower on a loan for the payment of property taxes | ||
on real property securing the loan as the taxes become due. | ||
(b) To the extent that H.B. 3, 86th Legislature, Regular | ||
Session, 2019, has the effect of reducing property taxes in this | ||
state, a lender or home loan servicer of a home loan that maintains | ||
a property tax escrow account must take into account the effect of | ||
that legislation in establishing the borrower's annual property tax | ||
payments to be held in that account and immediately adjust the | ||
borrower's monthly payments accordingly. | ||
(c) This section expires September 1, 2023. | ||
SECTION 1.065. Effective January 1, 2020, Sections 26.08(d) | ||
and (g), Tax Code, are amended to read as follows: | ||
(d) If the proposition is not approved as provided by | ||
Subsection (c), the governing body may not adopt a tax rate for the | ||
school district for the current year that exceeds the school | ||
district's voter-approval [ |
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(g) In a school district that received distributions from an | ||
equalization tax imposed under former Chapter 18, Education Code, | ||
the no-new-revenue [ |
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the county unit system's abolition is added to the district's | ||
voter-approval [ |
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ARTICLE 1A. PROPERTY TAX COMPRESSION | ||
SECTION 1A.001. Effective September 1, 2020, Section | ||
13.054, Education Code, is amended by amending Subsection (f) and | ||
adding Subsection (f-1) 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 [ |
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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. | ||
(f-1) Notwithstanding Subsection (f), for an annexation | ||
that occurred before September 1, 2019, 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 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 dividing the | ||
receiving district's maximum compressed tax rate, as determined | ||
under Section 48.2551. This subsection expires September 1, 2021. | ||
SECTION 1A.002. Effective September 1, 2020, 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 1A.003. Effective September 1, 2020, Section | ||
45.003(d), Education Code, is 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 | ||
[ |
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Section 48.2551 [ |
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SECTION 1A.004. (a) Effective September 1, 2020, 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 1A.005. Effective September 1, 2020, 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 [ |
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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 $6,160 [ |
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from the following formula: | ||
A = $6,160 [ |
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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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[ |
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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) During any school year for which the maximum amount of | ||
the basic allotment provided under Subsection (a) or (b) is greater | ||
than the maximum amount provided for the preceding school year, a | ||
school district must use at least 30 percent of the amount, if the | ||
amount is greater than zero, that equals the product of the average | ||
daily attendance of the district multiplied by the amount of the | ||
difference between the district's funding under this chapter per | ||
student in average daily attendance for the current school year and | ||
the preceding school year to provide compensation increases to | ||
full-time district employees other than administrators as follows: | ||
(1) 75 percent must be used to increase the | ||
compensation paid to classroom teachers, full-time librarians, | ||
full-time school counselors certified under Subchapter B, Chapter | ||
21, and full-time school nurses, prioritizing differentiated | ||
compensation for classroom teachers with more than five years of | ||
experience; and | ||
(2) 25 percent may be used as determined by the | ||
district to increase compensation paid to full-time district | ||
employees [ |
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(d) In this section, "compensation" includes benefits such | ||
as insurance premiums. | ||
SECTION 1A.006. 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 that is | ||
used to determine a school district's maximum compressed [ |
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(b) The [ |
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of: | ||
(1) 93 percent, or a lower percentage set [ |
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(2) the percentage determined by the following | ||
formula: | ||
SCP = PYCP X 1.025/(1 + ECPV); or | ||
(3) the percentage determined under this section for | ||
the preceding school year. | ||
(c) For purposes of Subsection (b)(2): | ||
(1) "SCP" is the state compression percentage; | ||
(2) "PYCP" is the state compression percentage for the | ||
preceding school year; and | ||
(3) "ECPV" is the estimated percentage change in total | ||
taxable property value for the applicable tax year as determined | ||
based on the estimate submitted to the legislature under Section | ||
48.269. [ |
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SECTION 1A.007. Effective September 1, 2020, Subchapter F, | ||
Chapter 48, Education Code, as added by this Act, is amended by | ||
adding Sections 48.2551, 48.2552, 48.2553, and 48.2554 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) "MCR" is the district's maximum compressed rate, | ||
which is the tax rate for the current tax year per $100 of valuation | ||
of taxable property at which the district must levy a maintenance | ||
and operations tax to receive the full amount of the tier one | ||
allotment to which the district is entitled under this chapter; | ||
(4) "PYDPV" is the district's value of "DPV" for the | ||
preceding tax year; and | ||
(5) "PYMCR" is the district's value of "MCR" for the | ||
preceding tax year. | ||
(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 2.5 percent: | ||
MCR = (1.025((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 2020-2021 | ||
school year, the value of "PYMCR" is $1.00. This subsection expires | ||
September 1, 2021. | ||
(d) The agency shall calculate and make available school | ||
districts' maximum compressed rates, as determined under this | ||
section. | ||
(e) It is the intent of the legislature that the state | ||
continue to fund public schools at the same or similar level as the | ||
state would have if this section had not taken effect. | ||
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 90 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 10 percent. | ||
(c) The amount of revenue available to the state as a result | ||
of the differences in the amount of state aid and reduction in local | ||
revenue between calculating a district's maximum compressed rate in | ||
accordance with Subsection (b) and calculating the district's | ||
maximum compressed rate under Section 48.2551 shall be used to | ||
lower the state compression percentage under Section 48.255. The | ||
agency shall provide estimates to the legislature of the reduction | ||
of the state compression percentage based on this subsection. | ||
Sec. 48.2553. PERMITTED TAX RATE FOR MAINTENANCE OF | ||
2020-2021 SCHOOL YEAR BASIC ALLOTMENT. (a) Notwithstanding any | ||
other provision of this title or Chapter 26, Tax Code, if the | ||
maximum amount of the basic allotment provided under Section | ||
48.051(a) or (b) for a school year is less than the maximum amount | ||
provided for the 2020-2021 school year, subject to Subsection (b), | ||
a school district may adopt a maintenance and operations tax rate | ||
that exceeds the maximum compressed tax rate permitted under | ||
Section 48.2551, provided that: | ||
(1) the rate adopted by the district was previously | ||
approved by voters for a tax year subsequent to the 2005 tax year; | ||
and | ||
(2) the rate may not exceed the lesser of: | ||
(A) $1.17; or | ||
(B) the district's maximum compressed tax rate | ||
and the additional tax rate necessary to generate the amount of | ||
revenue equal to the difference in per student funding. | ||
(b) Before adopting a maintenance and operations tax rate | ||
under Subsection (a), a school district must receive approval from | ||
the agency. To receive approval from the agency under this | ||
subsection the district must submit the following information: | ||
(1) a statement detailing the loss of funding to the | ||
district that resulted from the decline in the maximum amount of the | ||
basic allotment provided under Section 48.051(a) or (b); | ||
(2) the proposed additional tax effort and the amount | ||
of funding the proposed additional tax effort will generate; | ||
(3) evidence that the proposed additional tax effort | ||
described by Subdivision (2) had been previously authorized by | ||
voters subsequent to the 2005 tax year; and | ||
(4) any other information required by the | ||
commissioner. | ||
(c) The agency's approval of a district's tax rate under | ||
Subsection (b) expires at the end of each tax year. | ||
(d) Any additional tax effort by a school district | ||
authorized under this section is not: | ||
(1) eligible for funding under Subchapter B, C, or D; | ||
(2) eligible for the guaranteed yield amount of state | ||
funds under Section 48.202; or | ||
(3) subject to the limit on local revenue under | ||
Section 48.257. | ||
(e) The commissioner shall reduce state aid or adjust the | ||
limit on local revenue under Section 48.257 in an amount equal to | ||
the amount of revenue generated by a school district's tax effort | ||
that is not in compliance with this section or Section 48.2551. | ||
(f) This section does not apply to a school district to | ||
which Section 45.003(f) applies. | ||
Sec. 48.2554. STUDY ON DISTRICT PROPERTY TAX COMPRESSION. | ||
(a) The Legislative Budget Board, in conjunction with other | ||
appropriate state agencies, shall study possible methods of | ||
providing property tax relief through the reduction of school | ||
district maintenance and operations taxes. The study must | ||
evaluate: | ||
(1) potential sources of revenue that may be used to | ||
reduce school district maintenance and operations taxes; | ||
(2) methods of limiting increases in maintenance and | ||
operations tax revenue that adjust for enrollment growth, | ||
inflation, and other relevant factors; and | ||
(3) for each method of providing property tax relief | ||
considered: | ||
(A) any difference in anticipated benefits to | ||
property taxpayers based on the school district in which the | ||
taxpayer resides; | ||
(B) the cost to the state; and | ||
(C) the anticipated impact on equity in the | ||
public school finance system. | ||
(b) Not later than September 1, 2020, the Legislative Budget | ||
Board shall submit to the governor, the lieutenant governor, and | ||
the speaker of the house of representatives a report on the results | ||
of the study and any recommendations for legislative or other | ||
action. | ||
(c) This section expires September 1, 2021. | ||
SECTION 1A.008. Effective January 1, 2020, Section | ||
26.08(n), Tax Code, is amended to read as follows: | ||
(n) For purposes of this section, the voter-approval | ||
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(1) [ |
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that is equal to the district's maximum compressed tax rate | ||
[ |
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Section 48.2551 [ |
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[ |
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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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taxable value; and | ||
(3) [ |
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ARTICLE 2. PUBLIC EDUCATION | ||
SECTION 2.001. Section 7.028(a), Education Code, is amended | ||
to read as follows: | ||
(a) Except as provided by Section 21.006(k), 22.093(l), | ||
22.096, 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, [ |
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(1) compliance with federal law and regulations; | ||
(2) financial accountability, including compliance | ||
with grant requirements; [ |
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(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 2.002. 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 2.003. Subchapter D, Chapter 11, Education Code, is | ||
amended by adding Sections 11.185 and 11.186 to read as follows: | ||
Sec. 11.185. EARLY CHILDHOOD LITERACY AND MATHEMATICS | ||
PROFICIENCY PLANS. (a) The board of trustees of each school | ||
district shall adopt and post on the district's Internet website | ||
early childhood literacy and mathematics proficiency plans that set | ||
specific annual goals for the following five school years to reach | ||
quantifiable goals for student performance in reading and | ||
mathematics at each campus. | ||
(b) Each plan adopted under Subsection (a) must: | ||
(1) identify annual goals for students in each group | ||
evaluated under the closing the gaps domain under Section | ||
39.053(c)(3); | ||
(2) include annual goals for aggregate student growth | ||
on the third grade reading or mathematics assessment instrument, as | ||
applicable, administered under Section 39.023 or on an alternative | ||
assessment instrument determined by the board of trustees; | ||
(3) provide for targeted professional development for | ||
classroom teachers in kindergarten or first, second, or third grade | ||
who are assigned to campuses that the board of trustees identifies | ||
as not meeting the plan's goals; | ||
(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 an annual report to the board of | ||
trustees on the district's progress toward the goals set under the | ||
plan; and | ||
(5) be reviewed annually by the board of trustees at a | ||
public meeting. | ||
(c) Each plan adopted under Subsection (a) may set separate | ||
goals for students in a bilingual education or special language | ||
program under Subchapter B, Chapter 29. | ||
(d) The professional development provided to classroom | ||
teachers under Subsection (b)(3) must, as appropriate, consider the | ||
unique needs of students in a bilingual education or special | ||
language program under Subchapter B, Chapter 29. | ||
(e) A school district shall post the annual report described | ||
by Subsection (b)(4)(B) on the district's Internet website and on | ||
the Internet website, if any, of each campus in the district. | ||
Sec. 11.186. COLLEGE, CAREER, AND MILITARY READINESS PLANS. | ||
(a) The board of trustees of each school district shall adopt | ||
college, career, and military readiness plans that set specific | ||
annual goals for the following five school years to reach | ||
quantifiable goals for measures of student college, career, and | ||
military readiness at each campus. | ||
(b) Each plan adopted under Subsection (a) must: | ||
(1) identify annual goals for students in each group | ||
evaluated under the closing the gaps domain under Section | ||
39.053(c)(3); | ||
(2) include annual goals for aggregate student growth | ||
on college, career, and military readiness indicators evaluated | ||
under the student achievement domain under Section 39.053(c)(1); | ||
(3) 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 an annual report to the board of | ||
trustees on the district's progress toward the goals set under the | ||
plan; and | ||
(4) be reviewed annually by the board of trustees at a | ||
public meeting. | ||
(c) A school district shall post the annual report described | ||
by Subsection (b)(3)(B) on the district's Internet website and on | ||
the Internet website, if any, of each campus in the district. | ||
SECTION 2.004. Section 12.104(b), Education Code, as | ||
amended by Chapters 324 (S.B. 1488), 522 (S.B. 179), and 735 (S.B. | ||
1153), Acts of the 85th Legislature, Regular Session, 2017, is | ||
reenacted and amended to read as follows: | ||
(b) An open-enrollment charter school is subject to: | ||
(1) a provision of this title establishing a criminal | ||
offense; | ||
(2) the provisions in Chapter 554, Government Code; | ||
and | ||
(3) [ |
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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) criminal history records under Subchapter C, | ||
Chapter 22; | ||
(C) reading instruments and accelerated reading | ||
instruction programs under Section 28.006; | ||
(D) accelerated instruction under Section | ||
28.0211; | ||
(E) high school graduation requirements under | ||
Section 28.025; | ||
(F) special education programs under Subchapter | ||
A, Chapter 29; | ||
(G) bilingual education under Subchapter B, | ||
Chapter 29; | ||
(H) prekindergarten programs under Subchapter E | ||
or E-1, Chapter 29; | ||
(I) extracurricular activities under Section | ||
33.081; | ||
(J) discipline management practices or behavior | ||
management techniques under Section 37.0021; | ||
(K) health and safety under Chapter 38; | ||
(L) public school accountability under | ||
Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A; | ||
(M) the requirement under Section 21.006 to | ||
report an educator's misconduct; | ||
(N) intensive programs of instruction under | ||
Section 28.0213; | ||
(O) the right of a school employee to report a | ||
crime, as provided by Section 37.148; [ |
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(P) bullying prevention policies and procedures | ||
under Section 37.0832; | ||
(Q) the right of a school under Section 37.0052 | ||
to place a student who has engaged in certain bullying behavior in a | ||
disciplinary alternative education program or to expel the student; | ||
[ |
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(R) the right under Section 37.0151 to report to | ||
local law enforcement certain conduct constituting assault or | ||
harassment; | ||
(S) [ |
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regarding the provision of assistance for learning difficulties to | ||
the parent's child as provided by Sections 26.004(b)(11) and | ||
26.0081(c) and (d); | ||
(T) the early childhood literacy and mathematics | ||
proficiency plans under Section 11.185; and | ||
(U) the college, career, and military readiness | ||
plans under Section 11.186. | ||
SECTION 2.005. Section 21.048, Education Code, is amended | ||
by adding Subsection (a-2) to read as follows: | ||
(a-2) The board shall adopt rules that provide that in order | ||
to teach any grade level from prekindergarten through grade six a | ||
person must demonstrate proficiency in the science of teaching | ||
reading on a certification examination for each class of | ||
certificate issued by the board after January 1, 2021. | ||
SECTION 2.006. 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. The | ||
board shall place on or remove from a teacher's certificate the | ||
appropriate designation issued to the teacher under Section | ||
21.3521: | ||
(1) after being notified by the agency of the issuance | ||
or removal of the designation; or | ||
(2) if the board determines that removal of the | ||
designation is necessary because of action taken against the | ||
teacher's certificate. | ||
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 2.007. 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 [ |
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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 2.008. Subchapter H, Chapter 21, Education Code, is | ||
amended by adding Section 21.3521 to read as follows: | ||
Sec. 21.3521. LOCAL OPTIONAL TEACHER DESIGNATION SYSTEM. | ||
(a) Subject to Subsection (b), a school district or open-enrollment | ||
charter school may designate a certified classroom teacher as a | ||
master, exemplary, or recognized teacher for a five-year period | ||
based on the results from single year or multiyear appraisals that | ||
comply with Section 21.351 or 21.352. | ||
(b) The commissioner shall establish performance and | ||
validity standards for each local optional teacher designation | ||
system. The performance standards: | ||
(1) must provide a mathematical possibility that all | ||
teachers eligible for a designation may earn the designation; and | ||
(2) may not require a district to use an assessment | ||
instrument adopted under Section 39.023 to evaluate teacher | ||
performance. | ||
(c) Notwithstanding performance standards established | ||
under Subsection (b), a classroom teacher that holds a National | ||
Board Certification issued by the National Board for Professional | ||
Teaching Standards may be designated as recognized. | ||
(d) The commissioner shall: | ||
(1) ensure that local optional teacher designation | ||
systems: | ||
(A) meet the requirements of this section; and | ||
(B) prioritize high needs campuses; and | ||
(2) enter into a memorandum of understanding with | ||
Texas Tech University to monitor the quality and fairness of local | ||
optional teacher designation systems. | ||
(e) The agency shall develop and provide technical | ||
assistance for school districts and open-enrollment charter | ||
schools that request assistance in implementing a local optional | ||
teacher designation system, including assistance in prioritizing | ||
high needs campuses. | ||
(f) A teacher has no vested property right in a teacher | ||
designation assigned to the teacher under this section. A teacher | ||
designation issued under this section is void in 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. | ||
(g) The agency shall periodically conduct evaluations of | ||
the effectiveness of the local optional teacher designation systems | ||
under this section and the teacher incentive allotment under | ||
Section 48.112 and report the results of the evaluations to the | ||
legislature. A school district or open-enrollment charter school | ||
that has implemented a local optional teacher designation system or | ||
received funds under the teacher incentive allotment shall | ||
participate in the evaluations. | ||
(h) The agency shall collect information necessary to | ||
implement this section. Information otherwise confidential remains | ||
confidential and is not subject to Chapter 552, Government Code. | ||
(i) The commissioner may adopt fees to implement this | ||
section. A fee adopted by the agency under this section is not | ||
subject to Sections 2001.0045 and 2001.0221, Government Code. | ||
(j) The commissioner may adopt rules to implement this | ||
section. A decision made by the commissioner under this section is | ||
final and may not be appealed. | ||
SECTION 2.009. Section 21.458, Education Code, is amended | ||
by adding Subsections (a-1), (b-1), (f), (f-1), and (g) and | ||
amending Subsections (b) and (d) to read as follows: | ||
(a-1) To be assigned as a mentor, a teacher must agree to | ||
serve as a mentor teacher for at least one school year. The | ||
assignment must begin not later than the 30th day of employment of | ||
the classroom teacher to whom the mentor teacher is assigned. A | ||
district must agree to assign a mentor to a new classroom teacher | ||
for at least two school years. | ||
(b) The commissioner shall adopt rules necessary to | ||
administer this section, including rules concerning the duties and | ||
qualifications of a teacher who serves as a mentor and the number of | ||
classroom teachers that may be assigned to a mentor. The rules | ||
concerning qualifications must require that to serve as a mentor a | ||
teacher must: | ||
(1) complete a research-based mentor and induction | ||
training program approved by the commissioner; | ||
(2) complete a mentor training program provided by the | ||
district; [ |
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(3) have at least three complete years of teaching | ||
experience with a superior record of assisting students, as a | ||
whole, in achieving improvement in student performance; and | ||
(4) demonstrate interpersonal skills, instructional | ||
effectiveness, and leadership skills. | ||
(b-1) A school district must provide training to mentor | ||
teachers and any appropriate district and campus employees who work | ||
with the classroom teacher or supervise the classroom teacher. The | ||
training must be completed by the mentor teacher and the district | ||
and campus employees before the beginning of the school year. The | ||
district shall also provide supplemental training to mentor | ||
teachers and employees during the school year. The training must | ||
include content related to best mentorship practices. | ||
(d) In adopting rules under this section [ |
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the commissioner shall rely on research-based mentoring programs | ||
that, through external evaluation, have demonstrated success. | ||
(f) A mentor teacher must meet with each classroom teacher | ||
assigned to the mentor not less than 12 hours each semester. | ||
Observations of the mentor by the classroom teacher being mentored | ||
or of the classroom teacher being mentored by the mentor may count | ||
toward the 12 hours of meeting time required for the semester. | ||
Except as provided by Subsection (f-1), the mentoring sessions must | ||
address the following topics: | ||
(1) orientation to the context, policies, and | ||
practices of the school district; | ||
(2) data-driven instructional practices; | ||
(3) specific instructional coaching cycles, including | ||
coaching regarding conferences between parents and the classroom | ||
teacher; | ||
(4) professional development; and | ||
(5) professional expectations. | ||
(f-1) Subject to approval by the agency, in determining the | ||
topics to be addressed in the mentoring sessions, a school district | ||
may create an appropriate curriculum that meets the district needs. | ||
(g) A school district must: | ||
(1) designate a specific time during the regularly | ||
contracted school day for meetings between mentor teachers and | ||
classroom teachers assigned to a mentor; and | ||
(2) schedule release time or a reduced teaching load | ||
for mentor teachers and classroom teachers under this section to | ||
facilitate mentoring activities, including classroom observations | ||
or participation in supportive coaching. | ||
SECTION 2.010. Subchapter J, Chapter 21, Education Code, is | ||
amended by adding Section 21.465 to read as follows: | ||
Sec. 21.465. AUTISM TRAINING. (a) A school district may | ||
provide a salary incentive or similar compensation to a teacher who | ||
completes training provided by a regional education service center | ||
relating to autism. | ||
(b) A school district that decides to provide an incentive | ||
or compensation under Subsection (a) shall adopt a policy to | ||
implement this section. | ||
SECTION 2.011. Effective September 1, 2020, 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 2.012. Section 28.006, Education Code, is amended | ||
by amending Subsections (b), (c), (d), and (f) and adding | ||
Subsections (b-1), (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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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). | ||
(c) Each school district shall administer, at the | ||
[ |
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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-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 calendar 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 | ||
[ |
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(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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(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 2.013. Subchapter A, Chapter 28, Education Code, is | ||
amended by adding Section 28.0062 to read as follows: | ||
Sec. 28.0062. READING STANDARDS FOR KINDERGARTEN THROUGH | ||
THIRD GRADE. (a) Each school district and open-enrollment charter | ||
school shall: | ||
(1) provide for the use of a phonics curriculum that | ||
uses systematic direct instruction in kindergarten through third | ||
grade to ensure all students obtain necessary early literacy | ||
skills; | ||
(2) ensure that: | ||
(A) not later than the 2021-2022 school year, | ||
each classroom teacher in kindergarten or first, second, or third | ||
grade and each principal at a campus with kindergarten or first, | ||
second, or third grade has attended a teacher literacy achievement | ||
academy developed under Section 21.4552; and | ||
(B) each classroom teacher and each principal | ||
initially employed in a grade level or at a campus described by | ||
Paragraph (A) for the 2021-2022 school year or a subsequent school | ||
year has attended a teacher literacy achievement academy developed | ||
under Section 21.4552 before the teacher's or principal's first | ||
year of placement in that grade level or campus; and | ||
(3) certify to the agency that the district or school: | ||
(A) prioritizes placement of highly effective | ||
teachers in kindergarten through second grade; and | ||
(B) has integrated reading instruments used to | ||
diagnose reading development and comprehension to support each | ||
student in prekindergarten through third grade. | ||
(b) The agency shall provide assistance to school districts | ||
and open-enrollment charter schools in complying with the | ||
requirements under this section. | ||
(c) The agency shall: | ||
(1) monitor the implementation of this section; and | ||
(2) periodically report to the legislature on the | ||
implementation of this section and the effectiveness of this | ||
section in improving educational outcomes. | ||
(d) The commissioner shall establish an advisory board to | ||
assist the agency in fulfilling the agency's duties under this | ||
section. Chapter 2110, Government Code, does not apply to the | ||
advisory board. | ||
(e) The commissioner may adopt rules to implement this | ||
section. | ||
SECTION 2.014. 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 [ |
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39.025; or | ||
(2) the student successfully completes an | ||
individualized education program developed under Section 29.005. | ||
SECTION 2.015. 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 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; | ||
(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; or | ||
(3) a school counselor authorizes the student to | ||
decline to complete and submit the financial aid application for | ||
good cause, as determined by the school counselor. | ||
(c) A school district or open-enrollment charter school | ||
shall adopt a form to be used for purposes of Subsection (b). The | ||
form must be: | ||
(1) approved by the agency; and | ||
(2) made available in English, Spanish, and any other | ||
language spoken by a majority of the students enrolled in a | ||
bilingual education or special language program under Subchapter B, | ||
Chapter 29, in the district or school. | ||
(d) If a school counselor notifies a school district whether | ||
a student has complied with this section for purposes of | ||
determining whether the student meets high school graduation | ||
requirements under Section 28.025, the school counselor may only | ||
indicate whether the student has complied with this section and may | ||
not indicate the manner in which the student complied. | ||
(e) The commissioner shall adopt rules as necessary to | ||
implement this section, including rules to: | ||
(1) establish: | ||
(A) a timeline for: | ||
(i) the distribution to students of the | ||
free application for federal student aid or Texas application for | ||
state financial aid and the form adopted under Subsection (c); and | ||
(ii) the submission of a form under | ||
Subsection (b); | ||
(B) standards regarding the information that a | ||
school district or open-enrollment charter school must provide to | ||
students regarding: | ||
(i) in accordance with Section | ||
33.007(b)(5), instructions for filling out the free application for | ||
federal student aid or Texas application for state financial aid; | ||
and | ||
(ii) the options available to a student | ||
under Subsection (b) if the student wishes to decline to complete | ||
and submit a financial aid application; and | ||
(C) the method by which a student must provide to | ||
a school district or open-enrollment charter school proof that the | ||
student has completed and submitted the free application for | ||
federal student aid or Texas application for state financial aid as | ||
required by this section; | ||
(2) require each school district to report to the | ||
agency: | ||
(A) the number of students who completed and | ||
submitted a financial aid application under Subsection (a); and | ||
(B) the number of students who received an | ||
exception from complying with Subsection (a) under Subsection (b); | ||
and | ||
(3) ensure compliance with federal law regarding | ||
confidentiality of student educational information, including the | ||
Family Educational Rights and Privacy Act of 1974 (20 U.S.C. | ||
Section 1232g), and any state law relating to the privacy of student | ||
information. | ||
(f) The agency shall establish an advisory committee to | ||
assist the agency in adopting rules under Subsection (e) to | ||
implement this section and to develop recommendations for that | ||
purpose. The advisory committee is composed of: | ||
(1) school counselors; | ||
(2) school administrators; and | ||
(3) stakeholders to represent the needs of interested | ||
students. | ||
(g) Not later than January 1, 2021, the agency shall report | ||
the advisory committee's recommendations to the standing committee | ||
of each house of the legislature with jurisdiction over public | ||
education. Subsection (f) and this subsection expire January 1, | ||
2023. | ||
SECTION 2.016. 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 2.017. 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 2.018. 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 2.019. Section 29.153, Education Code, is amended | ||
by amending Subsections (c) and (d) and adding Subsections (c-1), | ||
(d-1), (d-2), and (g) to read as follows: | ||
(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. | ||
(g) Before a school district or open-enrollment charter | ||
school may construct, repurpose, or lease a classroom facility, or | ||
issue bonds for the construction or repurposing of a classroom | ||
facility, to provide the prekindergarten classes required under | ||
this section, the district or school must solicit and consider | ||
proposals for partnerships to provide those classes with | ||
community-based child-care providers who: | ||
(1) are a Texas Rising Star Program provider with a | ||
three-star certification or higher; | ||
(2) are nationally accredited; | ||
(3) are a Head Start program provider; | ||
(4) are a Texas School Ready! participant; or | ||
(5) meet the requirements under Section 29.1532. | ||
SECTION 2.020. 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 2.021. 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) [ |
||
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) [ |
||
prekindergarten program classes. | ||
SECTION 2.022. 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; [ |
||
(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 2.023. Subchapter E, Chapter 29, Education Code, is | ||
amended by adding Section 29.1544 to read as follows: | ||
Sec. 29.1544. REPORTING OF CERTAIN INFORMATION REGARDING | ||
PREKINDERGARTEN PROGRAMS; AGENCY REPORT. (a) The agency by rule | ||
shall require each school district that offers a prekindergarten | ||
program under Section 29.153 and each private entity that provides | ||
a prekindergarten program under contract with a school district to | ||
report the following information in the form and manner prescribed | ||
by the agency for each prekindergarten class offered by the | ||
district or private entity: | ||
(1) the number of students in each prekindergarten | ||
class; | ||
(2) the number of certified teachers in each | ||
prekindergarten class; | ||
(3) the number of teacher's aides in each | ||
prekindergarten class; | ||
(4) whether each prekindergarten class is full-day or | ||
half-day; and | ||
(5) if the district offers half-day classes, whether | ||
the district offers two half-day classes per day. | ||
(b) From the information submitted under Subsection (a), | ||
the agency shall determine the total number of teachers and | ||
teacher's aides in prekindergarten classes in this state. | ||
(c) From the information submitted under Subsection (a) and | ||
for purposes of calculating the student/teacher ratio for each | ||
prekindergarten class offered by a school district or private | ||
entity that provides a prekindergarten program under contract with | ||
a school district, the agency shall count each teacher or teacher's | ||
aide: | ||
(1) once for a full-day class; and | ||
(2) twice for a half-day class if the district offers | ||
two half-day classes per day. | ||
(d) Not later than August 1 of each year, the agency shall | ||
prepare and submit a report to the legislature based on the | ||
information collected under Subsection (a). | ||
SECTION 2.024. Section 29.162, Education Code, is amended | ||
to read as follows: | ||
Sec. 29.162. RULES [ |
||
|
||
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 2.025. The heading to Subchapter E-1, Chapter 29, | ||
Education Code, is amended to read as follows: | ||
SUBCHAPTER E-1. HIGH QUALITY PREKINDERGARTEN [ |
||
REQUIREMENTS | ||
SECTION 2.026. Section 29.164, Education Code, is amended | ||
to read as follows: | ||
Sec. 29.164. DEFINITION. In this subchapter, "program" | ||
means a high quality prekindergarten [ |
||
Section 29.153(c-1) to be provided free of tuition or fees in | ||
accordance with this subchapter. | ||
SECTION 2.027. 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 [ |
||
|
||
(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 2.028. 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 2.029. Section 29.171(a), Education Code, is | ||
amended to read as follows: | ||
(a) A school district that offers a prekindergarten | ||
[ |
||
enter into a contract with an eligible private provider to provide | ||
services or equipment for the program. | ||
SECTION 2.030. 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 2.031. 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 2.032. Subchapter F, Chapter 29, Education Code, is | ||
amended by adding Section 29.194 to read as follows: | ||
Sec. 29.194. SUMMER CAREER AND TECHNOLOGY EDUCATION GRANT | ||
PROGRAM. (a) From funds appropriated or available for the purpose, | ||
the commissioner, in cooperation with an appropriate private | ||
entity, shall establish a grant program to provide funding to | ||
school districts for career and technology education courses | ||
offered during the summer. | ||
(b) The commissioner may solicit and accept gifts, | ||
donations, or other contributions for the grant program established | ||
under this section. | ||
(c) The commissioner may adopt rules as necessary to | ||
implement this section. | ||
SECTION 2.033. 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 2.034. 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 [ |
||
|
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|
||
|
||
(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 [ |
||
|
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SECTION 2.035. Section 39.306(a), Education Code, is | ||
amended to read as follows: | ||
(a) Each board of trustees shall publish an annual report | ||
describing the educational performance of the district and of each | ||
campus in the district that includes uniform student performance | ||
and descriptive information as determined under rules adopted by | ||
the commissioner. The annual report must also include: | ||
(1) campus performance objectives established under | ||
Section 11.253 and the progress of each campus toward those | ||
objectives, which shall be available to the public; | ||
(2) information indicating the district's | ||
accreditation status and identifying each district campus awarded a | ||
distinction designation under Subchapter G or considered an | ||
unacceptable campus under Chapter 39A; | ||
(3) the district's current special education | ||
compliance status with the agency; | ||
(4) a statement of the number, rate, and type of | ||
violent or criminal incidents that occurred on each district | ||
campus, to the extent permitted under the Family Educational Rights | ||
and Privacy Act of 1974 (20 U.S.C. Section 1232g); | ||
(5) information concerning school violence prevention | ||
and violence intervention policies and procedures that the district | ||
is using to protect students; | ||
(6) the findings that result from evaluations | ||
conducted under the Safe and Drug-Free Schools and Communities Act | ||
of 1994 (20 U.S.C. Section 7101 et seq.); [ |
||
(7) information received under Section 51.403(e) for | ||
each high school campus in the district, presented in a form | ||
determined by the commissioner; and | ||
(8) the progress of the district and each campus in the | ||
district toward meeting the goals set in the district's: | ||
(A) early childhood literacy and mathematics | ||
proficiency plans adopted under Section 11.185; and | ||
(B) college, career, and military readiness | ||
plans adopted under Section 11.186. | ||
SECTION 2.036. Subchapter Z, Chapter 39A, Education Code, | ||
is amended by adding Section 39A.907 to read as follows: | ||
Sec. 39A.907. ASSESSMENT INSTRUMENT STUDY. (a) The | ||
commissioner shall enter into a memorandum of understanding with a | ||
public institution of higher education to conduct a study to | ||
determine whether, for each applicable grade level, each assessment | ||
instrument administered under Section 39.023(a) during the | ||
2018-2019 school year or scheduled to be administered during the | ||
2019-2020 school year: | ||
(1) is written at the appropriate reading level for | ||
students in that grade level; and | ||
(2) includes only: | ||
(A) passages, questions, answers, and other | ||
content aligned with the essential knowledge and skills adopted by | ||
the State Board of Education for the applicable subject for the | ||
grade level at which the assessment instrument is administered or | ||
for any previous grade level; and | ||
(B) passages written at a reading level not | ||
higher than the grade level at which the assessment instrument is | ||
administered. | ||
(b) Not later than December 1, 2019, the commissioner shall | ||
submit a report to the legislature and the presiding officer of each | ||
legislative standing committee with jurisdiction over primary and | ||
secondary education that includes the results of the study. | ||
ARTICLE 2A. PROVISIONS REGARDING EMPLOYING, TERMINATING, AND | ||
REPORTING MISCONDUCT OF PUBLIC SCHOOL AND RELATED ENTITY PERSONNEL | ||
SECTION 2A.001. Section 12.027(a), Education Code, is | ||
amended to read as follows: | ||
(a) The State Board of Education may place on probation or | ||
revoke a home-rule school district charter of a school district if | ||
the board determines that the district: | ||
(1) committed a material violation of the charter, | ||
including by failure to comply with the duty to discharge or refuse | ||
to hire certain employees or applicants for employment, as provided | ||
by Section 12.0271; | ||
(2) failed to satisfy generally accepted accounting | ||
standards of fiscal management; or | ||
(3) failed to comply with this subchapter or other | ||
applicable federal or state law or rule. | ||
SECTION 2A.002. Subchapter B, Chapter 12, Education Code, | ||
is amended by adding Section 12.0271 to read as follows: | ||
Sec. 12.0271. FAILURE TO DISCHARGE OR REFUSE TO HIRE | ||
CERTAIN EMPLOYEES OR APPLICANTS. A home-rule school district | ||
commits a material violation of the school district's charter if | ||
the school district fails to comply with the duty to discharge or | ||
refuse to hire certain employees or applicants for employment under | ||
Section 22.085 or 22.092. | ||
SECTION 2A.003. Section 12.056(b), Education Code, is | ||
amended to read as follows: | ||
(b) A campus or program for which a charter is granted under | ||
this subchapter is subject to: | ||
(1) a provision of this title establishing a criminal | ||
offense; and | ||
(2) 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) criminal history records under Subchapter C, | ||
Chapter 22; | ||
(C) high school graduation under Section 28.025; | ||
(D) special education programs under Subchapter | ||
A, Chapter 29; | ||
(E) bilingual education under Subchapter B, | ||
Chapter 29; | ||
(F) prekindergarten programs under Subchapter E, | ||
Chapter 29; | ||
(G) extracurricular activities under Section | ||
33.081; | ||
(H) health and safety under Chapter 38; [ |
||
(I) public school accountability under | ||
Subchapters B, C, D, F, and J, Chapter 39, and Chapter 39A; and | ||
(J) the duty to discharge or refuse to hire | ||
certain employees or applicants for employment under Section | ||
12.1059. | ||
SECTION 2A.004. Section 12.063(a), Education Code, is | ||
amended to read as follows: | ||
(a) A board of trustees may place on probation or revoke a | ||
charter it grants if the board determines that the campus or | ||
program: | ||
(1) committed a material violation of the charter, | ||
including by failure to comply with the duty to discharge or refuse | ||
to hire certain employees or applicants for employment, as provided | ||
by Section 12.0631; | ||
(2) failed to satisfy generally accepted accounting | ||
standards of fiscal management; or | ||
(3) failed to comply with this subchapter, another | ||
law, or a state agency rule. | ||
SECTION 2A.005. Subchapter C, Chapter 12, Education Code, | ||
is amended by adding Section 12.0631 to read as follows: | ||
Sec. 12.0631. FAILURE TO DISCHARGE OR REFUSE TO HIRE | ||
CERTAIN EMPLOYEES OR APPLICANTS. A campus or campus program | ||
granted a charter under this subchapter commits a material | ||
violation of its charter if the campus or program fails to comply | ||
with the duty to discharge or refuse to hire certain employees or | ||
applicants for employment under Section 12.1059, 22.085, or 22.092. | ||
SECTION 2A.006. Section 12.1059, Education Code, is amended | ||
to read as follows: | ||
Sec. 12.1059. REQUIREMENTS [ |
||
EMPLOYMENT OF CERTAIN EMPLOYEES. A person may not be employed by or | ||
serve as a teacher, librarian, educational aide, administrator, or | ||
school counselor for an open-enrollment charter school unless: | ||
(1) the person has been approved by the agency | ||
following a review of the person's national criminal history record | ||
information as provided by Section 22.0832; and | ||
(2) the school has confirmed that the person is not | ||
included in the registry under Section 22.092. | ||
SECTION 2A.007. Section 12.115(a), Education Code, is | ||
amended to read as follows: | ||
(a) Except as provided by Subsection (c), the commissioner | ||
shall revoke the charter of an open-enrollment charter school or | ||
reconstitute the governing body of the charter holder if the | ||
commissioner determines that the charter holder: | ||
(1) committed a material violation of the charter, | ||
including by a failure to: | ||
(A) satisfy accountability provisions prescribed | ||
by the charter; or | ||
(B) comply with the duty to discharge or refuse | ||
to hire certain employees or applicants for employment, as provided | ||
by Section 12.1151; | ||
(2) failed to satisfy generally accepted accounting | ||
standards of fiscal management; | ||
(3) failed to protect the health, safety, or welfare | ||
of the students enrolled at the school; | ||
(4) failed to comply with this subchapter or another | ||
applicable law or rule; | ||
(5) failed to satisfy the performance framework | ||
standards adopted under Section 12.1181; or | ||
(6) is imminently insolvent as determined by the | ||
commissioner in accordance with commissioner rule. | ||
SECTION 2A.008. Subchapter D, Chapter 12, Education Code, | ||
is amended by adding Section 12.1151 to read as follows: | ||
Sec. 12.1151. FAILURE TO DISCHARGE OR REFUSE TO HIRE | ||
CERTAIN EMPLOYEES OR APPLICANTS. An open-enrollment charter school | ||
commits a material violation of the school's charter if the school | ||
fails to comply with the duty to discharge or refuse to hire certain | ||
employees or applicants for employment under Section 12.1059, | ||
22.085, or 22.092. | ||
SECTION 2A.009. Section 12A.008, Education Code, is amended | ||
by adding Subsection (b-1) to read as follows: | ||
(b-1) The commissioner may terminate a district's | ||
designation as a district of innovation if the district fails to | ||
comply with the duty to discharge or refuse to hire certain | ||
employees or applicants for employment under Section 12.1059, | ||
applicable to the district under Section 12A.004(a)(1), or Section | ||
22.085 or 22.092. | ||
SECTION 2A.010. Section 21.006, Education Code, is amended | ||
by amending Subsections (a), (b), (b-1), (b-2), (c-1), (d), and (e) | ||
and adding Subsections (g-1) and (k) to read as follows: | ||
(a) In this section: | ||
(1) "Abuse"[ |
||
Section 261.001, Family Code, and includes any sexual conduct | ||
involving an educator and a student or minor. | ||
(2) "Other charter entity" means: | ||
(A) a school district operating under a home-rule | ||
school district charter adopted under Subchapter B, Chapter 12; | ||
(B) a campus or campus program operating under a | ||
charter granted under Subchapter C, Chapter 12; and | ||
(C) an entity that contracts to partner with a | ||
school district under Section 11.174(a)(2) to operate a district | ||
campus under a charter granted to the entity by the district under | ||
Subchapter C, Chapter 12. | ||
(b) In addition to the reporting requirement under Section | ||
261.101, Family Code, the superintendent or director of a school | ||
district, district of innovation, open-enrollment charter school, | ||
other charter entity, regional education service center, or shared | ||
services arrangement shall notify the State Board for Educator | ||
Certification if: | ||
(1) an educator employed by or seeking employment by | ||
the school district, district of innovation, charter school, other | ||
charter entity, service center, or shared services arrangement has | ||
a criminal record and the school district, district of innovation, | ||
charter school, other charter entity, service center, or shared | ||
services arrangement obtained information about the educator's | ||
criminal record by a means other than the criminal history | ||
clearinghouse established under Section 411.0845, Government Code; | ||
(2) an educator's employment at the school district, | ||
district of innovation, charter school, other charter entity, | ||
service center, or shared services arrangement was terminated and | ||
there is evidence that the educator: | ||
(A) abused or otherwise committed an unlawful act | ||
with a student or minor; | ||
(A-1) was involved in a romantic relationship | ||
with or solicited or engaged in sexual contact with a student or | ||
minor; | ||
(B) possessed, transferred, sold, or distributed | ||
a controlled substance, as defined by Chapter 481, Health and | ||
Safety Code, or by 21 U.S.C. Section 801 et seq.; | ||
(C) illegally transferred, appropriated, or | ||
expended funds or other property of the school district, district | ||
of innovation, charter school, other charter entity, service | ||
center, or shared services arrangement; | ||
(D) attempted by fraudulent or unauthorized | ||
means to obtain or alter a professional certificate or license for | ||
the purpose of promotion or additional compensation; or | ||
(E) committed a criminal offense or any part of a | ||
criminal offense on school property or at a school-sponsored event; | ||
(3) the educator resigned and there is evidence that | ||
the educator engaged in misconduct described by Subdivision (2); or | ||
(4) the educator engaged in conduct that violated the | ||
assessment instrument security procedures established under | ||
Section 39.0301. | ||
(b-1) A superintendent or director of a school district, | ||
district of innovation, open-enrollment charter school, other | ||
charter entity, regional education service center, or shared | ||
services arrangement shall complete an investigation of an educator | ||
that involves evidence that the educator may have engaged in | ||
misconduct described by Subsection (b)(2)(A) or (A-1), despite the | ||
educator's resignation from employment before completion of the | ||
investigation. | ||
(b-2) The principal of a school district, district of | ||
innovation, [ |
||
entity campus must notify the superintendent or director of the | ||
school district, district of innovation, [ |
||
other charter entity not later than the seventh business day after | ||
the date: | ||
(1) of an educator's termination of employment or | ||
resignation following an alleged incident of misconduct described | ||
by Subsection (b); or | ||
(2) the principal knew about an educator's criminal | ||
record under Subsection (b)(1). | ||
(c-1) The report under Subsection (c): | ||
(1) must be: | ||
(A) [ |
||
(B) [ |
||
(2) may be filed through the Internet portal developed | ||
and maintained by the State Board for Educator Certification under | ||
Subsection (g-1). | ||
(d) The superintendent or director shall notify the board of | ||
trustees or governing body of the school district, open-enrollment | ||
charter school, other charter entity, regional education service | ||
center, or shared services arrangement and the educator of the | ||
filing of the report required by Subsection (c). | ||
(e) A superintendent, director, or principal of a school | ||
district, district of innovation, open-enrollment charter school, | ||
other charter entity, regional education service center, or shared | ||
services arrangement who in good faith and while acting in an | ||
official capacity files a report with the State Board for Educator | ||
Certification under this section or communicates with another | ||
superintendent, director, or principal concerning an educator's | ||
criminal record or alleged incident of misconduct is immune from | ||
civil or criminal liability that might otherwise be incurred or | ||
imposed. | ||
(g-1) The State Board for Educator Certification shall | ||
develop and maintain an Internet portal through which a report | ||
required under Subsection (c) may be confidentially and securely | ||
filed. | ||
(k) The commissioner may review the records of a school | ||
district, district of innovation, open-enrollment charter school, | ||
other charter entity, regional education service center, or shared | ||
services arrangement to ensure compliance with the requirement to | ||
report misconduct under this section. | ||
SECTION 2A.011. Section 21.0061, Education Code, is amended | ||
by amending Subsection (a) and adding Subsection (c) to read as | ||
follows: | ||
(a) The board of trustees or governing body of a school | ||
district, district of innovation, open-enrollment charter school, | ||
other charter entity, regional education service center, or shared | ||
services arrangement shall adopt a policy under which notice is | ||
provided to the parent or guardian of a student with whom an | ||
educator is alleged to have engaged in misconduct described by | ||
Section 21.006(b)(2)(A) or (A-1) informing the parent or guardian: | ||
(1) that the alleged misconduct occurred; | ||
(2) whether the educator was terminated following an | ||
investigation of the alleged misconduct or resigned before | ||
completion of the investigation; and | ||
(3) whether a report was submitted to the State Board | ||
for Educator Certification concerning the alleged misconduct. | ||
(c) In this section, "other charter entity" has the meaning | ||
assigned by Section 21.006. | ||
SECTION 2A.012. Subchapter B, Chapter 21, Education Code, | ||
is amended by adding Section 21.0585 to read as follows: | ||
Sec. 21.0585. NOTICE TO AGENCY REGARDING REVOCATION OF | ||
CERTIFICATE OR PERMIT FOR CERTAIN MISCONDUCT. The board shall | ||
promptly notify the agency for purposes of Section 22.092 if the | ||
board revokes a certificate or permit of a person on a finding that | ||
the person engaged in misconduct described by Section | ||
21.006(b)(2)(A) or (A-1). | ||
SECTION 2A.013. Subchapter C, Chapter 22, Education Code, | ||
is amended by adding Sections 22.0815 and 22.0825 to read as | ||
follows: | ||
Sec. 22.0815. APPLICABILITY OF SUBCHAPTER TO DISTRICTS OF | ||
INNOVATION AND OTHER CHARTER ENTITIES. (a) In this section, "other | ||
charter entity" has the meaning assigned by Section 21.006. | ||
(b) A prohibition, restriction, or requirement imposed by | ||
this subchapter on an open-enrollment charter school applies to the | ||
same extent to a district of innovation or other charter entity. | ||
(c) The failure of a district of innovation to provide | ||
information required under Section 22.0832 may result in | ||
termination of the district's designation as a district of | ||
innovation. | ||
Sec. 22.0825. ACCESS TO CRIMINAL HISTORY RECORDS BY TEXAS | ||
EDUCATION AGENCY. (a) In this section, "other charter entity" has | ||
the meaning assigned by Section 21.006. | ||
(b) The agency shall subscribe to the criminal history | ||
clearinghouse as provided by Section 411.0845, Government Code, and | ||
may obtain from any law enforcement or criminal justice agency all | ||
criminal history record information and all records contained in | ||
any closed criminal investigation file that relate to a specific | ||
applicant for employment or current or former employee of a school | ||
district, district of innovation, open-enrollment charter school, | ||
other charter entity, regional education service center, or shared | ||
services arrangement. | ||
SECTION 2A.014. The heading to Section 22.085, Education | ||
Code, is amended to read as follows: | ||
Sec. 22.085. EMPLOYEES AND APPLICANTS CONVICTED OF OR | ||
PLACED ON DEFERRED ADJUDICATION COMMUNITY SUPERVISION FOR CERTAIN | ||
OFFENSES. | ||
SECTION 2A.015. Sections 22.085(a) and (e), Education Code, | ||
are amended to read as follows: | ||
(a) A school district, open-enrollment charter school, or | ||
shared services arrangement shall discharge or refuse to hire an | ||
employee or applicant for employment if the district, school, or | ||
shared services arrangement obtains information through a criminal | ||
history record information review that[ |
||
[ |
||
(1) convicted of or placed on deferred adjudication | ||
community supervision for[ |
||
[ |
||
[ |
||
defendant is required to register as a sex offender under Chapter | ||
62, Code of Criminal Procedure; or | ||
(2) convicted of: | ||
(A) a felony offense under Title 5, Penal Code, | ||
if the victim of the offense was under 18 years of age at the time | ||
the offense was committed; or | ||
(B) [ |
||
state or federal law that is equivalent to an offense under | ||
Subdivision (1) or Paragraph (A) [ |
||
[ |
||
|
||
|
||
(e) The State Board for Educator Certification may impose a | ||
sanction on an educator who does not discharge an employee or refuse | ||
to hire an applicant for employment if the educator knows or should | ||
have known, through a criminal history record information review, | ||
that the employee or applicant has been: | ||
(1) convicted of or placed on deferred adjudication | ||
community supervision for an offense described by Subsection | ||
(a)(1); or | ||
(2) convicted of an offense described by Subsection | ||
(a)(2) [ |
||
SECTION 2A.016. Chapter 22, Education Code, is amended by | ||
adding Subchapter C-1 to read as follows: | ||
SUBCHAPTER C-1. PERSONS NOT ELIGIBLE FOR EMPLOYMENT IN PUBLIC | ||
SCHOOLS | ||
Sec. 22.091. DEFINITION. In this subchapter, "other | ||
charter entity" has the meaning assigned by Section 21.006. | ||
Sec. 22.092. REGISTRY OF PERSONS NOT ELIGIBLE FOR | ||
EMPLOYMENT IN PUBLIC SCHOOLS. (a) The agency shall maintain and | ||
make available through the Internet portal developed and maintained | ||
by the agency under Section 22.095 a registry of persons who are not | ||
eligible to be employed by a school district, district of | ||
innovation, open-enrollment charter school, other charter entity, | ||
regional education service center, or shared services arrangement. | ||
(b) A school district, district of innovation, | ||
open-enrollment charter school, other charter entity, regional | ||
education service center, or shared services arrangement shall | ||
discharge or refuse to hire a person listed on the registry | ||
maintained under this section. | ||
(c) The registry maintained under this section must list the | ||
following persons as not eligible to be employed by public schools: | ||
(1) a person determined by the agency under Section | ||
22.0832 as a person who would not be eligible for educator | ||
certification under Subchapter B, Chapter 21; | ||
(2) a person determined by the agency to be not | ||
eligible for employment based on the person's criminal history | ||
record information review, as provided by Section 22.0833; | ||
(3) a person who is not eligible for employment based | ||
on criminal history record information received by the agency under | ||
Section 21.058(b); | ||
(4) a person whose certification or permit issued | ||
under Subchapter B, Chapter 21, is revoked by the State Board for | ||
Educator Certification on a finding that the person engaged in | ||
misconduct described by Section 21.006(b)(2)(A) or (A-1); and | ||
(5) a person who is determined by the commissioner | ||
under Section 22.094 to have engaged in misconduct described by | ||
Section 22.093(c)(1)(A) or (B). | ||
(d) The agency shall provide private schools and public | ||
schools equivalent access to the registry maintained under this | ||
section. | ||
(e) The agency shall adopt rules as necessary to implement | ||
this section. | ||
Sec. 22.093. REQUIREMENT TO REPORT EMPLOYEE MISCONDUCT. | ||
(a) In this section, "abuse" has the meaning assigned by Section | ||
261.001, Family Code, and includes any sexual conduct involving a | ||
student or minor. | ||
(b) This section applies to a person who is employed by a | ||
school district, district of innovation, open-enrollment charter | ||
school, other charter entity, regional education service center, or | ||
shared services arrangement and who does not hold a certification | ||
or permit issued under Subchapter B, Chapter 21. | ||
(c) In addition to the reporting requirement under Section | ||
261.101, Family Code, the superintendent or director of a school | ||
district, district of innovation, open-enrollment charter school, | ||
other charter entity, regional education service center, or shared | ||
services arrangement shall notify the commissioner if: | ||
(1) an employee's employment at the school district, | ||
district of innovation, charter school, other charter entity, | ||
service center, or shared services arrangement was terminated and | ||
there is evidence that the employee: | ||
(A) abused or otherwise committed an unlawful act | ||
with a student or minor; or | ||
(B) was involved in a romantic relationship with | ||
or solicited or engaged in sexual contact with a student or minor; | ||
or | ||
(2) the employee resigned and there is evidence that | ||
the employee engaged in misconduct described by Subdivision (1). | ||
(d) A superintendent or director of a school district, | ||
district of innovation, open-enrollment charter school, other | ||
charter entity, regional education service center, or shared | ||
services arrangement shall complete an investigation of an employee | ||
that involves evidence that the employee may have engaged in | ||
misconduct described by Subsection (c)(1)(A) or (B), despite the | ||
employee's resignation from employment before completion of the | ||
investigation. | ||
(e) The principal of a school district, district of | ||
innovation, open-enrollment charter school, or other charter | ||
entity campus must notify the superintendent or director of the | ||
school district, district of innovation, charter school, or other | ||
charter entity not later than the seventh business day after the | ||
date of an employee's termination of employment or resignation | ||
following an alleged incident of misconduct described by Subsection | ||
(c)(1)(A) or (B). | ||
(f) The superintendent or director must notify the | ||
commissioner by filing a report with the commissioner not later | ||
than the seventh business day after the date the superintendent or | ||
director receives a report from a principal under Subsection (e) or | ||
knew about an employee's termination of employment or resignation | ||
following an alleged incident of misconduct described by Subsection | ||
(c)(1)(A) or (B). The report must be: | ||
(1) in writing; and | ||
(2) in a form prescribed by the commissioner. | ||
(g) The superintendent or director shall notify the board of | ||
trustees or governing body of the school district, district of | ||
innovation, open-enrollment charter school, other charter entity, | ||
regional education service center, or shared services arrangement | ||
and the employee of the filing of the report required by Subsection | ||
(f). | ||
(h) A superintendent or director who in good faith and while | ||
acting in an official capacity files a report with the commissioner | ||
under Subsection (f) or a principal who in good faith and while | ||
acting in an official capacity notifies a superintendent or | ||
director under Subsection (e) is immune from civil or criminal | ||
liability that might otherwise be incurred or imposed. | ||
(i) The commissioner shall refer an educator who fails to | ||
file a report in violation of Subsection (f) to the State Board for | ||
Educator Certification, and the board shall determine whether to | ||
impose sanctions against the educator. | ||
(j) The name of a student or minor who is the victim of abuse | ||
or unlawful conduct by an employee must be included in a report | ||
filed under this section, but the name of the student or minor is | ||
not public information under Chapter 552, Government Code. | ||
(k) A superintendent or director required to file a report | ||
under Subsection (f) commits an offense if the superintendent or | ||
director fails to file the report by the date required by that | ||
subsection with intent to conceal an employee's criminal record or | ||
alleged incident of misconduct. A principal required to notify a | ||
superintendent or director about an employee's alleged incident of | ||
misconduct under Subsection (e) commits an offense if the principal | ||
fails to provide the notice by the date required by that subsection | ||
with intent to conceal an employee's alleged incident of | ||
misconduct. An offense under this subsection is a state jail | ||
felony. | ||
(l) The commissioner may review the records of a school | ||
district, district of innovation, open-enrollment charter school, | ||
other charter entity, regional education service center, or shared | ||
services arrangement to ensure compliance with the requirement to | ||
report misconduct under this section. | ||
(m) The commissioner shall adopt rules as necessary to | ||
implement this section. | ||
Sec. 22.094. NOTICE OF ALLEGED MISCONDUCT; INVESTIGATION; | ||
HEARING. (a) A person described by Section 22.093(b) and who is | ||
the subject of a report that alleges misconduct described by | ||
Section 22.093(c)(1)(A) or (B) is entitled to a hearing on the | ||
merits of the allegations of misconduct under the procedures | ||
provided by Chapter 2001, Government Code, to contest the | ||
allegation in the report. | ||
(b) On receiving a report filed under Section 22.093(f), the | ||
commissioner shall promptly send to the person who is the subject of | ||
the report a notice that includes: | ||
(1) a statement informing the person that the person | ||
must request a hearing on the merits of the allegations of | ||
misconduct within the period provided by Subsection (c); | ||
(2) a request that the person submit a written | ||
response within the period provided by Subsection (c) to show cause | ||
why the commissioner should not pursue an investigation; and | ||
(3) a statement informing the person that if the | ||
person does not timely submit a written response to show cause as | ||
provided by Subdivision (2), the agency shall provide information | ||
indicating the person is under investigation in the manner provided | ||
by Subsection (d). | ||
(c) A person entitled to a hearing under Subsection (a) must | ||
request a hearing and submit a written response to show cause not | ||
later than the 10th day after the date the person receives the | ||
notice from the commissioner provided under Subsection (b). | ||
(d) If a person who receives notice provided under | ||
Subsection (b) does not timely submit a written response to show | ||
cause why the commissioner should not pursue an investigation, the | ||
commissioner shall instruct the agency to make available through | ||
the Internet portal developed and maintained by the agency under | ||
Section 22.095 information indicating that the person is under | ||
investigation for alleged misconduct. | ||
(e) If a person entitled to a hearing under Subsection (a) | ||
does not request a hearing as provided by Subsection (c), the | ||
commissioner shall: | ||
(1) based on the report filed under Section 22.093(f), | ||
make a determination whether the person engaged in misconduct; and | ||
(2) if the commissioner determines that the person | ||
engaged in misconduct described by Section 22.093(c)(1)(A) or (B), | ||
instruct the agency to add the person's name to the registry | ||
maintained under Section 22.092. | ||
(f) If a person entitled to a hearing under Subsection (a) | ||
requests a hearing as provided by Subsection (c) and the final | ||
decision in that hearing determines that the person engaged in | ||
misconduct described by Section 22.093(c)(1)(A) or (B), the | ||
commissioner shall instruct the agency to add the person's name to | ||
the registry maintained under Section 22.092. | ||
(g) If a person entitled to a hearing under Subsection (a) | ||
requests a hearing as provided by Subsection (c) and the final | ||
decision in that hearing determines that the person did not engage | ||
in misconduct described by Section 22.093(c)(1)(A) or (B), the | ||
commissioner shall instruct the agency to immediately remove from | ||
the Internet portal developed and maintained by the agency under | ||
Section 22.095 the information indicating that the person is under | ||
investigation for alleged misconduct. | ||
(h) The commissioner shall adopt rules as necessary to | ||
implement this section. | ||
Sec. 22.095. INTERNET PORTAL. The agency shall develop and | ||
maintain an Internet portal through which: | ||
(1) a report required under Section 22.093(f) may be | ||
confidentially and securely filed; and | ||
(2) the agency makes available: | ||
(A) the registry of persons who are not eligible | ||
to be employed in public schools as described by Section 22.092; and | ||
(B) information indicating that a person is under | ||
investigation for alleged misconduct in accordance with Section | ||
22.094(d), provided that the agency must provide the information | ||
through a procedure other than the registry described under | ||
Paragraph (A). | ||
Sec. 22.096. COMPLIANCE MONITORING. The agency shall | ||
periodically conduct site visits and review the records of school | ||
districts, districts of innovation, open-enrollment charter | ||
schools, other charter entities, regional education service | ||
centers, and shared services arrangements to ensure compliance with | ||
Section 22.092(b). | ||
SECTION 2A.017. Section 39.0302(a), Education Code, is | ||
amended to read as follows: | ||
(a) During an agency investigation or audit of a school | ||
district under Section 39.0301(e) or (f), an accreditation | ||
investigation under Section 39.057(a)(8) or (14), a compliance | ||
review under Section 21.006(k), 22.093(l), or 22.096, or an | ||
investigation by the State Board for Educator Certification of an | ||
educator for an alleged violation of an assessment instrument | ||
security procedure established under Section 39.0301(a), the | ||
commissioner may issue a subpoena to compel the attendance of a | ||
relevant witness or the production, for inspection or copying, of | ||
relevant evidence that is located in this state. | ||
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. Section 13.054(i), Education Code, is | ||
amended to read as follows: | ||
(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 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 3.017. 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 3.018. 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 3.019. 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 3.020. 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 3.021. 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 3.022. 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 3.023. 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 3.024. 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 3.025. 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 3.026. 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 3.027. 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 3.028. 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 3.029. 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 3.030. 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 3.031. 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 3.032. 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 3.033. 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 3.034. 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 3.035. 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 3.036. 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 3.037. 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 3.038. 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 3.039. 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 3.040. 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 3.041. 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 3.042. 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 3.043. 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 3.044. 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 3.045. 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 3.046. 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 3.047. 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 3.048. 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 3.049. 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 3.050. 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 3.051. 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 3.052. 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 3.053. Effective January 1, 2020, Section | ||
45.105(e), Education Code, is amended to read as follows: | ||
(e) The governing body of an independent school district | ||
that governs a junior college district under Subchapter B, Chapter | ||
130, in a county with a population of more than two million may | ||
dedicate a specific percentage of the local tax levy to the use of | ||
the junior college district for facilities and equipment or for the | ||
maintenance and operating expenses of the junior college district. | ||
To be effective, the dedication must be made by the governing body | ||
on or before the date on which the governing body adopts its tax | ||
rate for a year. The amount of local tax funds derived from the | ||
percentage of the local tax levy dedicated to a junior college | ||
district from a tax levy may not exceed the amount that would be | ||
levied by five percent of the no-new-revenue [ |
||
for the tax year calculated as provided by Section 26.04, Tax Code, | ||
on all property taxable by the school district. All real property | ||
purchased with these funds is the property of the school district, | ||
but is subject to the exclusive control of the governing body of the | ||
junior college district for as long as the junior college district | ||
uses the property for educational purposes. | ||
SECTION 3.054. 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 3.055. 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 3.056. 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 3.057. Effective January 1, 2020, Section | ||
45.261(e), Education Code, is amended to read as follows: | ||
(e) Any part of a school district's tax rate attributable to | ||
producing revenue for purposes of Subsection (c)(1) is considered | ||
part of the district's: | ||
(1) current debt rate for purposes of computing a | ||
voter-approval [ |
||
and | ||
(2) interest and sinking fund tax rate. | ||
SECTION 3.058. 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 3.059. 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 3.060. 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 3.061. 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 3.062. 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 3.063. 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 3.064. 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 3.065. 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 3.066. 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 3.067. 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 3.068. 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 3.069. 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 3.070. 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 3.071. 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 3.072. 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 3.073. 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 and amended | ||
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 3.074. 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 3.075. 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 3.076. 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 3.077. 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 3.078. 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 3.079. 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; and | ||
(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. | ||
SECTION 3.080. Effective January 1, 2020, Sections | ||
825.405(h) and (i), Government Code, are amended to read as | ||
follows: | ||
(h) This section does not apply to state contributions for | ||
members employed by a school district in a school year if the | ||
district's no-new-revenue [ |
||
operation revenues for the tax year that ended in the preceding | ||
school year equals or exceeds 125 percent of the statewide average | ||
no-new-revenue [ |
||
maintenance and operation revenues for that tax year. For a tax | ||
year, the statewide average no-new-revenue [ |
||
school district maintenance and operation revenues is the tax rate | ||
that, if applied to the statewide total appraised value of taxable | ||
property for every school district in the state determined under | ||
Section 403.302, would produce an amount equal to the statewide | ||
total amount of maintenance and operation taxes imposed in the tax | ||
year for every school district in the state. | ||
(i) Not later than the seventh day after the final date the | ||
comptroller certifies to the commissioner of education changes to | ||
the property value study conducted under Subchapter M, Chapter 403, | ||
the comptroller shall certify to the Teacher Retirement System of | ||
Texas: | ||
(1) the no-new-revenue [ |
||
district maintenance and operation revenues for each school | ||
district in the state for the immediately preceding tax year; and | ||
(2) the statewide average no-new-revenue [ |
||
tax rate for school district maintenance and operation revenues for | ||
the immediately preceding tax year. | ||
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. REPEALER | ||
SECTION 4.001. (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) Section 21.458(c); | ||
(11) Sections 28.006(d-1) and (e); | ||
(12) Section 29.097; | ||
(13) Section 29.098; | ||
(14) Section 29.165; | ||
(15) Section 29.166; | ||
(16) Sections 29.203(g)(1) and (3); | ||
(17) Section 39.233; | ||
(18) Section 39.234; | ||
(19) the headings to Chapters 41 and 42; | ||
(20) the heading to Subchapter A, Chapter 41; | ||
(21) Section 41.002; | ||
(22) Section 41.0041; | ||
(23) the heading to Subchapter D, Chapter 41; | ||
(24) Section 41.0931; | ||
(25) Section 41.098; | ||
(26) the heading to Subchapter E, Chapter 41; | ||
(27) the heading to Subchapter A, Chapter 42; | ||
(28) the heading to Section 42.006; | ||
(29) Section 42.007; | ||
(30) the heading to Subchapter B, Chapter 42; | ||
(31) Section 42.102; | ||
(32) Section 42.103; | ||
(33) Section 42.104; | ||
(34) the heading to Subchapter C, Chapter 42; | ||
(35) Section 42.1541; | ||
(36) Section 42.156; | ||
(37) Section 42.160; | ||
(38) the heading to Subchapter E, Chapter 42; | ||
(39) Section 42.2513; | ||
(40) Section 42.2517; | ||
(41) Section 42.2518; | ||
(42) Section 42.262; | ||
(43) the headings to Subchapters F and G, Chapter 42; | ||
and | ||
(44) Section 42.352. | ||
(b) Sections 322.008(b) and 403.302(m), Government Code, | ||
are 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 5. TRANSITION; CONFLICT OF LAW | ||
SECTION 5.001. (a) Except as provided by Subsection (b) or | ||
(c) 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. | ||
(c) Section 28.025, Education Code, as amended by this Act, | ||
and Section 28.0256, Education Code, as added by this Act, apply | ||
beginning with students enrolled at the 12th grade level during the | ||
2021-2022 school year. | ||
SECTION 5.002. Except as otherwise provided by this Act, | ||
Section 26.08, Tax Code, as amended by this Act, applies beginning | ||
with the 2019 tax year. A school district is required to calculate | ||
the district's voter-approval tax rate for the 2019 tax year in the | ||
manner provided by Section 26.08, Tax Code, as amended by this Act, | ||
regardless of whether the district has already calculated that rate | ||
or adopted a tax rate for the 2019 tax year before September 1, | ||
2019. | ||
SECTION 5.003. As soon as practicable after September 1, | ||
2019: | ||
(1) the State Board for Educator Certification shall | ||
develop the Internet portal required by Section 21.006(g-1), | ||
Education Code, as added by this Act; and | ||
(2) the Texas Education Agency shall develop the | ||
Internet portal required by Section 22.095, Education Code, as | ||
added by this Act. | ||
SECTION 5.004. The Texas Education Agency shall establish | ||
the registry of persons who are not eligible to be employed by a | ||
school district, district of innovation, open-enrollment charter | ||
school, other charter entity, regional education service center, or | ||
shared services arrangement, as required by Section 22.092, | ||
Education Code, as added by this Act, as soon as practicable after | ||
September 1, 2019, and not later than January 1, 2020. | ||
SECTION 5.005. 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 5.006. Not later than August 1, 2020, the Texas | ||
Education Agency shall submit the initial report required under | ||
Section 29.1544, Education Code, as added by this Act. | ||
SECTION 5.007. 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 5.008. Not later than December 1, 2020, each school | ||
district shall submit to the legislature a report on salary or wage | ||
increases provided to district employees under Section 48.051(c), | ||
Education Code, as added by this Act, for the 2019-2020 school year. | ||
The report must include for each salary or wage increase: | ||
(1) the employee's position at the school district; | ||
and | ||
(2) the amount of the increase. | ||
SECTION 5.009. As soon as practicable after the effective | ||
date of Section 48.1021, Education Code, as added by this Act, the | ||
commissioner of education shall establish and appoint members to | ||
the advisory committee required under that section. | ||
SECTION 5.010. (a) Notwithstanding any other law, to secure | ||
the best value for the state and ensure the best design, operation, | ||
and implementation of assessment instruments, the Texas Education | ||
Agency may: | ||
(1) provide an additional period for all respondents | ||
to provide new proposals for the assessment solicitations posted in | ||
2019; and | ||
(2) extend the current assessment contracts through | ||
the end of the state fiscal biennium ending August 31, 2021. | ||
(b) This section expires September 1, 2021. | ||
SECTION 5.011. (a) The State Board for Educator | ||
Certification is required to implement a provision of Article 2A of | ||
this Act only if the legislature appropriates money specifically | ||
for that purpose. If the legislature does not appropriate money | ||
specifically for that purpose, the board may, but is not required | ||
to, implement a provision of Article 2A of this Act using other | ||
appropriations available for that purpose. | ||
(b) The Texas Education Agency is required to implement a | ||
provision of Article 2A of this Act only if the legislature | ||
appropriates money specifically for that purpose. If the | ||
legislature does not appropriate money specifically for that | ||
purpose, the agency may, but is not required to, implement a | ||
provision of Article 2A of this Act using other appropriations | ||
available for that purpose. | ||
SECTION 5.012. If any provision of this Act or its | ||
application to any person or circumstance is held invalid, the | ||
invalidity does not affect other provisions or applications of this | ||
Act that can be given effect without the invalid provision or | ||
application, and to this end the provisions of this Act are declared | ||
to be severable. | ||
SECTION 5.013. 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 6. EFFECTIVE DATE | ||
SECTION 6.001. (a) Except as otherwise provided by this | ||
section or as otherwise provided by this Act, this Act takes effect | ||
September 1, 2019. | ||
(b) Section 11.184, Education Code, as added by this Act, | ||
takes effect January 1, 2020. | ||
(c) Section 47.006, Education Code, as added by this Act, | ||
takes effect only if H.B. 1525 or similar legislation of the 86th | ||
Legislature, Regular Session, 2019, relating to the administration | ||
and collection of sales and use taxes applicable to sales involving | ||
marketplace providers is enacted and becomes law. | ||
(d) Subject to Subsection (c) of this section, Chapter 47, | ||
Education Code, as added by this Act, takes effect January 1, 2020. | ||
(e) Sections 48.1021 and 48.1041, 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 Sections 48.1021 and 48.1041, | ||
Education Code, as added by this Act, to have immediate effect, | ||
those sections take effect September 1, 2019. | ||
(f) Article 2 and Section 5.010 of this Act take effect | ||
immediately if this Act receives a vote of two-thirds of all the | ||
members elected to each house, as provided by Section 39, Article | ||
III, Texas Constitution. If this Act does not receive the vote | ||
necessary for immediate effect, Article 2 and Section 5.010 of this | ||
Act take effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3 was passed by the House on April 3, | ||
2019, by the following vote: Yeas 148, Nays 1, 0 present, not | ||
voting; that the House refused to concur in Senate amendments to | ||
H.B. No. 3 on May 7, 2019, and requested the appointment of a | ||
conference committee to consider the differences between the two | ||
houses; that the House adopted the conference committee report on | ||
H.B. No. 3 on May 25, 2019, by the following vote: Yeas 139, Nays | ||
0, 0 present, not voting; and that the House adopted H.C.R. No. 193 | ||
authorizing certain corrections in H.B. No. 3 on May 27, 2019, by | ||
the following vote: Yeas 149, Nays 0, 1 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3 was passed by the Senate, with | ||
amendments, on May 6, 2019, by the following vote: Yeas 26, Nays 2, | ||
3 present, | ||
not voting; at the request of the House, the Senate | ||
appointed a conference committee to consider the differences | ||
between the two houses; that the Senate adopted the conference | ||
committee report on H.B. No. 3 on May 25, 2019, by the following | ||
vote: Yeas 30, Nays 0; and that the Senate adopted H.C.R. No. 193 | ||
authorizing certain corrections in H.B. No. 3 on May 27, 2019, by | ||
the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |