Bill Text: TX SB1660 | 2017-2018 | 85th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the minutes of operation required for public school districts, charter schools, and other education programs and to calculating the average daily attendance for certain education programs.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2017-05-26 - Senate appoints conferees-reported [SB1660 Detail]
Download: Texas-2017-SB1660-Comm_Sub.html
Bill Title: Relating to the minutes of operation required for public school districts, charter schools, and other education programs and to calculating the average daily attendance for certain education programs.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2017-05-26 - Senate appoints conferees-reported [SB1660 Detail]
Download: Texas-2017-SB1660-Comm_Sub.html
By: Taylor of Galveston | S.B. No. 1660 | |
(In the Senate - Filed March 9, 2017; March 22, 2017, read | ||
first time and referred to Committee on Education; May 3, 2017, | ||
reported adversely, with favorable Committee Substitute by the | ||
following vote: Yeas 11, Nays 0; May 3, 2017, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 1660 | By: Taylor of Galveston |
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relating to the minimum amount of student instruction required to | ||
be provided by school districts and calculation of average daily | ||
attendance for public school students. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 25.081, Education Code, is amended by | ||
amending Subsections (a), (b), (c), and (e) and adding Subsection | ||
(a-1) to read as follows: | ||
(a) Except as authorized under Subsection (b) of this | ||
section, Section 25.084, or Section 29.0821, for each school year | ||
each school district must operate so that the district provides for | ||
at least, at the choice of the district: | ||
(1) 75,600 minutes of instruction, including | ||
intermissions and recesses, for students; or | ||
(2) 180 days of instruction for students. | ||
(a-1) In accordance with rules adopted by the commissioner, | ||
each school district shall notify the commissioner whether the | ||
district will comply with Subsection (a) on the basis of minutes of | ||
instruction or days of instruction. | ||
(b) The commissioner may approve the instruction of | ||
students for fewer than the number of minutes or days required under | ||
Subsection (a) if disaster, flood, extreme weather conditions, fuel | ||
curtailment, or another calamity causes the closing of schools. | ||
(c) If the commissioner does not approve reduced | ||
instruction time under Subsection (b), a school district may add | ||
additional minutes to the end of the district's normal school hours | ||
or additional days to the district's normal school calendar as | ||
necessary to compensate for minutes or days of instruction lost due | ||
to school closures caused by disaster, flood, extreme weather | ||
conditions, fuel curtailment, or another calamity. | ||
(e) For purposes of this code, a reference to a day of | ||
instruction means a calendar day in which a student is scheduled for | ||
and receives at least the minimum number of instructional minutes | ||
required for the student to be considered full-time for the purpose | ||
of calculating average daily attendance under Section 42.005 [ |
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SECTION 2. Section 25.082(a), Education Code, is amended to | ||
read as follows: | ||
(a) A school day shall be at least seven hours each day, | ||
including intermissions and recesses, except as otherwise provided | ||
for a school or program described by Section 42.005(j). | ||
SECTION 3. Section 42.005, Education Code, is amended by | ||
amending Subsection (a) and adding Subsections (a-1), (a-2), and | ||
(i) through (n) to read as follows: | ||
(a) In 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 or the minimum number | ||
of minutes of instruction, including intermissions and recesses, as | ||
described under Section 25.081(a) divided by the minimum number of | ||
days of instruction or the minimum number of minutes of | ||
instruction, including intermissions and recesses; | ||
(2) for a district that operates under a flexible year | ||
program under Section 29.0821, the quotient of the sum of | ||
attendance for each actual day of instruction as permitted by | ||
Section 29.0821(b)(1) divided by the number of actual days of | ||
instruction as permitted by Section 29.0821(b)(1); or | ||
(3) for a district that operates under a flexible | ||
school day program under Section 29.0822, the average daily | ||
attendance as calculated by the commissioner in accordance with | ||
Sections 29.0822(d) and (d-1). | ||
(a-1) If a district or charter school provides more than 180 | ||
days or 75,600 minutes of instruction to students, the commissioner | ||
may adjust the determination of average daily attendance under | ||
Subsection (a) to reflect the increased instructional time. | ||
(a-2) A district or charter school is eligible to earn full | ||
average daily attendance under Subsection (a) if the school or | ||
district provides at least 240 minutes of instructional time to | ||
students each day. | ||
(i) A district or a charter school operating under | ||
Subchapter B, D, or E, 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 or 37.011; | ||
(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 charter school operating under Subchapter B, D, | ||
or E, Chapter 12. | ||
(k) A charter school operating under a charter granted under | ||
Subchapter B, D, or E, Chapter 12, before September 1, 2015, is | ||
eligible to earn full average daily attendance under Subsection | ||
(a), as that subsection existed immediately before September 1, | ||
2015, for: | ||
(1) all campuses of the charter school operating | ||
before September 1, 2015; and | ||
(2) any campus or site expansion approved on or after | ||
September 1, 2015. | ||
(l) A district or charter school may operate two programs | ||
and be eligible for full average daily attendance for both | ||
programs, if the programs operated by the district 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 number of minutes of | ||
instructional time per day that results in 180 days of instruction | ||
or 75,600 minutes of instruction for students, as applicable; | ||
(2) establish any requirements necessary to allow a | ||
district or charter school to be eligible for one-half of average | ||
daily attendance under Subsection (a), which may differ based on | ||
the instructional program offered by the district or charter | ||
school; and | ||
(3) proportionally reduce the amount of funding a | ||
district or open-enrollment charter school receives under this | ||
chapter, Chapter 41, or Chapter 46 and the average daily attendance | ||
for the district or charter school if the district or | ||
open-enrollment charter school operates on a calendar that provides | ||
fewer than the required minimum days or minutes of instruction to | ||
students. | ||
(n) In this section, "instructional time" means the time | ||
allocated by a district or charter school toward instructing | ||
students in the required curriculum described by Section 28.002 and | ||
includes time allocated for recess, intermissions, and serving | ||
breakfast and lunch to students. | ||
SECTION 4. This Act applies beginning with the 2017-2018 | ||
school year. | ||
SECTION 5. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2017. | ||
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