Bill Text: TX SB2145 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the public school finance system.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2017-05-23 - Co-author authorized [SB2145 Detail]
Download: Texas-2017-SB2145-Introduced.html
85R6487 CAE-F | ||
By: Taylor of Galveston | S.B. No. 2145 |
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relating to the public school finance system. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. FOUNDATION SCHOOL PROGRAM | ||
SECTION 1.01. The heading to Chapter 41, Education Code, is | ||
amended to read as follows: | ||
CHAPTER 41. FOUNDATION SCHOOL PROGRAM ADMINISTRATION [ |
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SECTION 1.02. Section 41.001, Education Code, is amended to | ||
read as follows: | ||
Sec. 41.001. DEFINITION [ |
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meaning assigned by Section 42.302. | ||
SECTION 1.03. Section 42.004, Education Code, is | ||
transferred to Subchapter A, Chapter 41, Education Code, | ||
redesignated as Section 41.002, Education Code, and amended to read | ||
as follows: | ||
Sec. 41.002 [ |
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The commissioner, in accordance with the rules of the State Board of | ||
Education, shall take such action and require such reports | ||
consistent with this chapter as may be necessary to implement and | ||
administer the Foundation School Program. | ||
(b) Except as provided by Subsection (c), the commissioner | ||
may adopt rules as necessary to implement this chapter. | ||
(c) The commissioner may not adopt any rule that allows a | ||
district to retain state and local revenue under Sections | ||
42.253(a)(2) and (3) in excess of the amount of the district's | ||
entitlement under Section 42.253(a)(1). | ||
SECTION 1.04. Section 42.003, Education Code, is | ||
transferred to Subchapter A, Chapter 41, Education Code, and | ||
redesignated as Section 41.003, Education Code, to read as follows: | ||
Sec. 41.003 [ |
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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 | ||
or Subchapter E-1, Chapter 29. | ||
(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. | ||
SECTION 1.05. Sections 42.005, 42.0051, 42.0052, 42.006, | ||
and 42.007, Education Code, are transferred to Subchapter A, | ||
Chapter 41, Education Code, redesignated as Sections 41.004, | ||
41.005, 41.006, 41.007, and 41.008, Education Code, and amended to | ||
read as follows: | ||
Sec. 41.004 [ |
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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); 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). | ||
(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) [ |
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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) Except as provided by Section 41.005(e), the [ |
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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) [ |
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funding based on an adjustment under Subsection (b)(2). | ||
(f) [ |
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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) [ |
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under Section 41.006(b) [ |
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participates in an off-campus instructional program approved under | ||
Section 41.006(a) [ |
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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. | ||
Sec. 41.005 [ |
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DISTRICTS IN DISASTER AREA. (a) From funds specifically | ||
appropriated for the purpose or other funds available to the | ||
commissioner for that purpose, the commissioner shall adjust the | ||
average daily attendance of a school district all or part of which | ||
is located in an area declared a disaster area by the governor under | ||
Chapter 418, Government Code, if the district experiences a decline | ||
in average daily attendance that is reasonably attributable to the | ||
impact of the disaster. | ||
(b) The adjustment must be sufficient to ensure that the | ||
district receives funding comparable to the funding that the | ||
district would have received if the decline in average daily | ||
attendance reasonably attributable to the impact of the disaster | ||
had not occurred. | ||
(c) The commissioner shall make the adjustment required by | ||
this section for the two-year period following the date of the | ||
governor's initial proclamation or executive order declaring the | ||
state of disaster. | ||
(d) Section 41.004(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 | ||
41.004(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 | ||
41.004 [ |
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Sec. 41.006 [ |
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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 41.004(g) [ |
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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). | ||
Sec. 41.007 [ |
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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) [ |
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school district and open-enrollment charter school to report | ||
through the Public Education Information Management System | ||
information regarding the number of students enrolled in the | ||
district or school who are identified as having dyslexia. The | ||
agency shall maintain the information provided in accordance with | ||
this subsection. | ||
(c) [ |
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accounting system adopted by the commissioner for the data required | ||
to be reported for the Public Education Information Management | ||
System. | ||
(d) [ |
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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. | ||
(e) [ |
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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. | ||
Sec. 41.008 [ |
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Legislative Budget Board shall adopt rules, subject to appropriate | ||
notice and opportunity for public comment, for the calculation for | ||
each year of a biennium of the qualified funding elements, in | ||
accordance with Subsection (c), necessary to achieve the state | ||
policy under Section 42.001. | ||
(b) Before each regular session of the legislature, the | ||
board shall, as determined by the board, report the equalized | ||
funding elements to the commissioner and the legislature. | ||
(c) The funding elements must include: | ||
(1) a basic allotment for the purposes of Section | ||
42.101 that[ |
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regular education program that meets all mandates of law and | ||
regulation; | ||
(2) adjustments designed to reflect the variation in | ||
known resource costs and costs of education beyond the control of | ||
school districts; | ||
(3) appropriate program cost differentials and other | ||
funding elements for the programs authorized under Subchapter C, | ||
Chapter 42, with the program funding level expressed as dollar | ||
amounts and as weights applied to the adjusted [ |
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for the appropriate year; | ||
(4) [ |
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daily attendance under Section 42.302; and | ||
(5) [ |
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facilities assistance program under Chapter 46. | ||
SECTION 1.06. Sections 41.003 and 41.004, Education Code, | ||
are redesignated as Sections 41.009 and 41.010, Education Code, and | ||
amended to read as follows: | ||
Sec. 41.009 [ |
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FOUNDATION SCHOOL PROGRAM [ |
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district to which Section 42.254(a) applies [ |
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combination of the following actions to comply with the | ||
requirements of Section 42.254 [ |
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(1) consolidation with another district as provided by | ||
Subchapter B; | ||
(2) detachment of territory as provided by Subchapter | ||
C; | ||
(3) payment to the state for the efficiency of the | ||
Foundation School Program [ |
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(4) [ |
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provided by Subchapter F. | ||
Sec. 41.010 [ |
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each year, the commissioner shall determine the estimated amount of | ||
state and local funding for each school district for the following | ||
school year under Section 42.253. | ||
(b) Not later than July 15 of each year, [ |
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the estimated entitlements and local revenue [ |
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of school districts in the state and shall notify: | ||
(1) each district to which Section 42.254(a) applies | ||
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(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. | ||
(c) [ |
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a district notified under Subsection (b)(1) [ |
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successfully exercised one or more options under Section 41.009 to | ||
comply with Section 42.254(a) [ |
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property from that district as provided by Subchapter G. If that | ||
detachment will not bring the district into full compliance with | ||
Section 42.254(a) [ |
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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 | ||
41.009(1) or (2) [ |
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September 1 immediately following the notice under Subsection (b) | ||
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immediately following the notice under Subsection (b) [ |
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(d) [ |
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may not adopt a tax rate for the tax year in which the district | ||
receives the notice until the commissioner certifies that the | ||
district is in compliance with Section 42.254(a) [ |
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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. | ||
SECTION 1.07. Section 41.005, Education Code, is | ||
redesignated as Section 41.011, Education Code, to read as follows: | ||
Sec. 41.011 [ |
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COOPERATION. The chief appraiser of each appraisal district and | ||
the comptroller shall cooperate with the commissioner and school | ||
districts in implementing this chapter. | ||
SECTION 1.08. Sections 41.007, 41.008, and 41.009, | ||
Education Code, are redesignated as Sections 41.012, 41.013, and | ||
41.014, Education Code, and amended to read as follows: | ||
Sec. 41.012 [ |
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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 to which Section 42.254(a) applies [ |
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Sec. 41.013 [ |
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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. 41.014 [ |
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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 taxable value | ||
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any tax abatement agreement executed by a school district on or | ||
after May 31, 1993, had not been executed. | ||
SECTION 1.09. Section 41.010, Education Code, is | ||
redesignated as Section 41.015, Education Code, to read as follows: | ||
Sec. 41.015 [ |
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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. | ||
SECTION 1.10. Section 41.011, Education Code, is | ||
redesignated as Section 41.016, Education Code, and amended to read | ||
as follows: | ||
Sec. 41.016 [ |
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options described by Section 41.009 [ |
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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 41.009 [ |
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invalid, the commissioner shall act under Subchapter G or H to | ||
achieve compliance with Section 42.254(a) [ |
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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 41.009 [ |
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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 achieved compliance | ||
with Section 42.254(a) [ |
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released shall be deducted from any state aid payable to the | ||
district according to a schedule adopted by the commissioner. | ||
SECTION 1.11. Section 41.012, Education Code, is | ||
redesignated as Section 41.017, Education Code, to read as follows: | ||
Sec. 41.017 [ |
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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. | ||
SECTION 1.12. Section 41.013, Education Code, is | ||
redesignated as Section 41.018, Education Code, and amended to read | ||
as follows: | ||
Sec. 41.018 [ |
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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 1.13. Section 41.031, Education Code, is amended to | ||
read as follows: | ||
Sec. 41.031. AGREEMENT. The governing boards of any two or | ||
more school districts may consolidate the districts by agreement in | ||
accordance with this subchapter to establish a consolidated | ||
district to which Section 42.254(a) does not apply [ |
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agreement is not effective unless the commissioner certifies that | ||
Section 42.254(a) does not apply to the consolidated district[ |
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a result of actions taken under this chapter[ |
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SECTION 1.14. Sections 41.034(a) and (c), Education Code, | ||
are amended to read as follows: | ||
(a) For the first and 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 | ||
42.102, 42.103, or 42.104 [ |
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consolidating districts would have been entitled but for the | ||
consolidation. | ||
(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. | ||
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SECTION 1.15. Section 41.061, Education Code, is amended to | ||
read as follows: | ||
Sec. 41.061. AGREEMENT. (a) By agreement of the governing | ||
boards of two school districts, territory may be detached from one | ||
of the districts and annexed to the other district if[ |
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action Section 42.254(a) does not apply to [ |
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which territory is detached or [ |
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which territory is annexed [ |
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(b) The agreement is not effective unless the commissioner | ||
certifies that, after all actions taken under this chapter, Section | ||
42.254(a) does not apply to [ |
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district involved [ |
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SECTION 1.16. The heading to Subchapter D, Chapter 41, | ||
Education Code, is amended to read as follows: | ||
SUBCHAPTER D. PAYMENT TO STATE FOR EFFICIENCY OF FOUNDATION SCHOOL | ||
PROGRAM [ |
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SECTION 1.17. Section 41.091, Education Code, is amended to | ||
read as follows: | ||
Sec. 41.091. AGREEMENT. A school district to which Section | ||
42.254(a) applies [ |
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commissioner to make payments to the state or have deductions made | ||
to funds owed by the state to the district [ |
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Section 42.254[ |
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SECTION 1.18. Sections 41.093(a) and (c), Education Code, | ||
are amended to read as follows: | ||
(a) The [ |
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withheld from a district as provided by Section 41.091 must be at | ||
least equal to the amount by which the district's total revenue | ||
under Sections 42.253(a)(2) and (3) exceeds the district's | ||
entitlement under Section 42.253(a)(1) [ |
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(c) The amount of maintenance and operations tax revenue | ||
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using the final tax collections of the district. | ||
SECTION 1.19. Section 41.094(a), Education Code, is amended | ||
to read as follows: | ||
(a) If a [ |
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state under this subchapter, the payments shall be made [ |
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determined by the commissioner beginning February 15 and ending | ||
August 15 of the school year for which the agreement is in effect. | ||
SECTION 1.20. Section 41.095, Education Code, is amended to | ||
read as follows: | ||
Sec. 41.095. DURATION. An agreement under this subchapter | ||
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41.096, may be renewed annually. | ||
SECTION 1.21. Section 41.096(b), Education Code, is amended | ||
to read as follows: | ||
(b) The ballot shall be printed to permit voting for or | ||
against the proposition: "Authorizing the board of trustees of | ||
________ School District to make payments to [ |
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detachment of property within the district or consolidation of the | ||
district by the commissioner for the efficiency of the state | ||
education system." | ||
SECTION 1.22. The heading to Section 41.097, Education | ||
Code, is amended to read as follows: | ||
Sec. 41.097. PAYMENT [ |
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SECTION 1.23. Section 41.097(a), Education Code, is amended | ||
to read as follows: | ||
(a) Using funds received from a school district [ |
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state shall pay to the appraisal district or districts in which the | ||
school district participates [ |
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product of the school 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 41.093 by the | ||
total amount of taxes imposed by [ |
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property in the appraisal district, less any amounts paid into a tax | ||
increment fund under Chapter 311, Tax Code. | ||
SECTION 1.24. Section 41.151, Education Code, is amended to | ||
read as follows: | ||
Sec. 41.151. AGREEMENT. The board of trustees of 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 | ||
Section 42.254(a) does not apply to the consolidated taxing | ||
district [ |
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SECTION 1.25. Section 41.202(a), Education Code, is amended | ||
to read as follows: | ||
(a) 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 current [ |
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to the taxable value of the detached or annexed property determined | ||
under Title 1, Tax Code, for the current [ |
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SECTION 1.26. Section 41.205, Education Code, is amended to | ||
read as follows: | ||
Sec. 41.205. DETACHMENT OF PROPERTY. (a) The commissioner | ||
shall detach property under this section from each school district | ||
from which the commissioner is required under Section 41.010 | ||
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(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 Section 42.254(a) does not apply to the school | ||
district [ |
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(c) [ |
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of property if[ |
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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. | ||
SECTION 1.27. Sections 41.206(a) and (c), Education Code, | ||
are amended to read as follows: | ||
(a) The commissioner shall annex property detached under | ||
Section 41.205 to school districts eligible for annexation in | ||
accordance with this section. A school district is eligible for | ||
annexation of property to it under this subchapter only if, after | ||
[ |
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42.254(a) does not apply to the district [ |
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(c) The commissioner shall adopt rules on the detachment and | ||
annexation of property, subject to Section 41.002(c) [ |
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SECTION 1.28. Section 41.211, Education Code, is amended to | ||
read as follows: | ||
Sec. 41.211. STUDENT ATTENDANCE. A student who 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 41.004 [ |
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counted in the district [ |
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SECTION 1.29. Section 41.251, Education Code, is amended to | ||
read as follows: | ||
Sec. 41.251. COMMISSIONER ORDER. If the commissioner is | ||
required under Section 41.010 [ |
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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. | ||
SECTION 1.30. Sections 41.252 and 41.257, Education Code, | ||
are amended to read as follows: | ||
Sec. 41.252. SELECTION CRITERIA. (a) The commissioner | ||
shall adopt rules for the selection of [ |
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to be consolidated with a district to which Section 42.254(a) | ||
applies [ |
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(b) The rules adopted by the commissioner under Subsection | ||
(a): | ||
(1) may not result in [ |
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Section 42.254(a) applies; and | ||
(2) must be in compliance with Section 41.002(c) [ |
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Sec. 41.257. APPLICATION OF SMALL AND SPARSE ADJUSTMENTS | ||
AND TRANSPORTATION ALLOTMENT. The budget of the consolidated | ||
district must apply the benefit of the adjustment or allotment to | ||
the schools of the consolidating district to which Section 42.103, | ||
42.104 [ |
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that the consolidated district still qualifies as a small or sparse | ||
district. | ||
SECTION 1.31. Chapter 41, Education Code, is amended by | ||
adding Subchapter I and adding a subchapter heading to read as | ||
follows: | ||
SUBCHAPTER I. RULES FOR DISTRICT COST ADJUSTMENTS | ||
SECTION 1.32. Section 42.102(b), Education Code, is | ||
transferred to Subchapter I, Chapter 41, Education Code, as added | ||
by this Act, redesignated as Section 41.301, Education Code, and | ||
amended to read as follows: | ||
Sec. 41.301. COST OF EDUCATION INDEX ADJUSTMENT. (a) [ |
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The commissioner shall determine the revised cost of education | ||
adjustment for each school district. In determining the revised | ||
cost of education adjustment, the commissioner shall use [ |
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cost of education index adjustment adopted by the foundation school | ||
fund budget committee and contained in Chapter 203, Title 19, Texas | ||
Administrative Code, as that chapter existed on March 26, 1997, | ||
adjusted in the manner provided by Section 203.25, Title 19, Texas | ||
Administrative Code. | ||
(b) The commissioner shall determine the adjusted allotment | ||
for each school district under Section 42.102 by multiplying the | ||
value of the cost of education adjustment for the school district by | ||
the basic allotment determined under Section 42.101. | ||
SECTION 1.33. Section 42.105, Education Code, is | ||
transferred to Subchapter I, Chapter 41, Education Code, as added | ||
by this Act, redesignated as Section 41.302, Education Code, and | ||
amended to read as follows: | ||
Sec. 41.302 [ |
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Notwithstanding Sections 42.101, 42.102, and 42.103, a school | ||
district that has fewer than 130 students in average daily | ||
attendance shall be provided an adjusted [ |
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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 an adjusted [ |
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allotment on the basis of 75 students in average daily attendance. | ||
An average daily attendance of 60 students shall be the basis of | ||
providing the adjusted [ |
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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 Sections 42.101, | ||
42.102, and 42.103, a school district to which this subsection | ||
applies, as provided by Subsection (b), that has fewer than 130 | ||
students in average daily attendance shall be provided an adjusted | ||
[ |
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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 1.34. Chapter 41, Education Code, is amended by | ||
adding Subchapter J and adding a subchapter heading to read as | ||
follows: | ||
SUBCHAPTER J. RULES FOR SPECIAL PROGRAMS AND ALLOTMENTS | ||
SECTION 1.35. Sections 42.151(c), (d), (e), (g), (h), (i), | ||
and (k), Education Code, are transferred to Subchapter J, Chapter | ||
41, Education Code, as added by this Act, redesignated as Section | ||
41.351, Education Code, and amended to read as follows: | ||
Sec. 41.351. RULES FOR SPECIAL EDUCATION ALLOTMENT. (a) | ||
This section applies to Section 42.151. | ||
(b) [ |
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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. | ||
(c) [ |
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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. | ||
(d) [ |
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prescribe the qualifications an instructional arrangement must | ||
meet in order to be funded as a particular instructional | ||
arrangement under Section 42.151 [ |
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the qualifications that a mainstream instructional arrangement | ||
must meet, the board shall establish requirements that students | ||
with disabilities and their teachers receive the direct, indirect, | ||
and support services that are necessary to enrich the regular | ||
classroom and enable student success. | ||
(e) [ |
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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. | ||
(f) [ |
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State Board of Education rule, must be used in the special education | ||
program under Subchapter A, Chapter 29. | ||
(g) [ |
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students in special education programs, including students in | ||
residential instructional arrangements, in the least restrictive | ||
environment appropriate for their educational needs. | ||
(h) [ |
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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 adjusted [ |
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42.103, as applicable, or adjusted allotment, as applicable, for | ||
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 subsection [ |
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providing an extended year program. | ||
SECTION 1.36. Sections 42.152(c), (c-1), (c-2), (d), (q), | ||
(q-1), (q-2), (q-3), (q-4), and (r), Education Code, are | ||
transferred to Subchapter J, Chapter 41, Education Code, as added | ||
by this Act, redesignated as Section 41.352, Education Code, and | ||
amended to read as follows: | ||
Sec. 41.352. RULES FOR COMPENSATORY EDUCATION ALLOTMENT. | ||
(a) This section applies to Section 42.152. | ||
(b) [ |
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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 students | ||
at risk of dropping out of school, as defined by Section 29.081, and | ||
all other students. Specifically, the funds, other than an | ||
indirect cost allotment established under State Board of Education | ||
rule, which may not exceed 45 percent, may be used to meet the costs | ||
of providing a compensatory, intensive, or accelerated instruction | ||
program under Section 29.081 or a disciplinary alternative | ||
education program established under Section 37.008, to pay the | ||
costs associated with placing students in a juvenile justice | ||
alternative education program established under Section 37.011, or | ||
to support a program eligible under Title I of the Elementary and | ||
Secondary Education Act of 1965, as provided by Pub. L. No. 103-382 | ||
and its subsequent amendments, and by federal regulations | ||
implementing that Act, at a campus at which at least 40 percent of | ||
the students are educationally disadvantaged. In meeting the costs | ||
of providing a compensatory, intensive, or accelerated instruction | ||
program under Section 29.081, a district's compensatory education | ||
allotment shall be used for costs supplementary to the regular | ||
education program, such as costs for program and student | ||
evaluation, instructional materials and equipment and other | ||
supplies required for quality instruction, supplemental staff | ||
expenses, salary for teachers of at-risk students, smaller class | ||
size, and individualized instruction. A home-rule school district | ||
or an open-enrollment charter school must use funds allocated under | ||
Section 42.152 [ |
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subsection but is not otherwise subject to Subchapter C, Chapter | ||
29. For purposes of this subsection, a program specifically | ||
designed to serve students at risk of dropping out of school, as | ||
defined by Section 29.081, is considered to be a program | ||
supplemental to the regular education program, and a district may | ||
use its compensatory education allotment for such a program. | ||
(c) [ |
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allocated under Section 42.152 [ |
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proportion to the percentage of students served by the program that | ||
meet the criteria in Section 29.081(d) or (g): | ||
(1) an accelerated reading instruction program under | ||
Section 28.006(g); or | ||
(2) a program for treatment of students who have | ||
dyslexia or a related disorder as required by Section 38.003. | ||
(d) [ |
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allocated under Section 42.152 [ |
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district's mentoring services program under Section 29.089. | ||
(e) [ |
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accelerated instruction and support programs provided under | ||
Section 29.081 for students at risk of dropping out of school. | ||
(f) [ |
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of the comptroller, shall develop and implement by rule reporting | ||
and auditing systems for district and campus expenditures of | ||
compensatory education funds to ensure that compensatory education | ||
funds, other than the indirect cost allotment, are spent only to | ||
supplement the regular education program as required by Subsection | ||
(b) [ |
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electronically to minimize local administrative costs. A district | ||
shall submit the report required by this subsection not later than | ||
the 150th day after the last day permissible for resubmission of | ||
information required under Section 41.007 [ |
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(g) [ |
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identify school districts that are at high risk of having used | ||
compensatory education funds other than in compliance with | ||
Subsection (b) [ |
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compensatory education expenditures. If a review of the report | ||
submitted under Subsection (f) [ |
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indicates that a district is not at high risk of having misused | ||
compensatory education funds or of having inadequately reported | ||
compensatory education expenditures, the district may not be | ||
required to perform a local audit of compensatory education | ||
expenditures and is not subject to on-site monitoring under this | ||
section. | ||
(h) [ |
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Subsection (f) [ |
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district is at high risk of having misused compensatory education | ||
funds, the commissioner shall notify the district of that | ||
determination. The district must respond to the commissioner not | ||
later than the 30th day after the date the commissioner notifies the | ||
district of the commissioner's determination. If the district's | ||
response does not change the commissioner's determination that the | ||
district is at high risk of having misused compensatory education | ||
funds or if the district does not respond in a timely manner, the | ||
commissioner shall: | ||
(1) require the district to conduct a local audit of | ||
compensatory education expenditures for the current or preceding | ||
school year; | ||
(2) order agency staff to conduct on-site monitoring | ||
of the district's compensatory education expenditures; or | ||
(3) both require a local audit and order on-site | ||
monitoring. | ||
(i) [ |
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Subsection (f) [ |
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district is at high risk of having inadequately reported | ||
compensatory education expenditures, the commissioner may require | ||
agency staff to assist the district in following the proper | ||
reporting methods or amending a district or campus improvement plan | ||
under Subchapter F, Chapter 11. If the district does not take | ||
appropriate corrective action before the 45th day after the date | ||
the agency staff notifies the district of the action the district is | ||
expected to take, the commissioner may: | ||
(1) require the district to conduct a local audit of | ||
the district's compensatory education expenditures; or | ||
(2) order agency staff to conduct on-site monitoring | ||
of the district's compensatory education expenditures. | ||
(j) [ |
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audit of compensatory education expenditures, shall withhold from a | ||
district's foundation school fund payment an amount equal to the | ||
amount of compensatory education funds the agency determines were | ||
not used in compliance with Subsection (b) [ |
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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) [ |
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(k) [ |
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from the requirements of Subsections (f)-(j) [ |
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school district in which the group of students who have failed to | ||
perform satisfactorily in the preceding school year on an | ||
assessment instrument required under Section 39.023(a), (c), or (l) | ||
subsequently performs on those assessment instruments at a level | ||
that meets or exceeds a level prescribed by commissioner rule. Each | ||
year the commissioner, based on the most recent information | ||
available, shall determine if a school district is entitled to an | ||
exemption for the following school year and notify the district of | ||
that determination. | ||
SECTION 1.37. Sections 42.153(b) and (c), Education Code, | ||
are transferred to Subchapter J, Chapter 41, Education Code, as | ||
added by this Act, redesignated as Section 41.353, Education Code, | ||
and amended to read as follows: | ||
Sec. 41.353. RULES FOR BILINGUAL EDUCATION ALLOTMENT. (a) | ||
This section applies to Section 42.153. | ||
(b) Funds allocated under Section 42.153 [ |
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other than an indirect cost allotment established under State Board | ||
of Education rule, must be used in providing bilingual education or | ||
special language programs under Subchapter B, Chapter 29, and must | ||
be accounted for under existing agency reporting and auditing | ||
procedures. | ||
(c) A district's bilingual education or special language | ||
allocation may be used only for program and student evaluation, | ||
instructional materials and equipment, staff development, | ||
supplemental staff expenses, salary supplements for teachers, and | ||
other supplies required for quality instruction and smaller class | ||
size. | ||
SECTION 1.38. Sections 42.154(c) and (d), Education Code, | ||
are transferred to Subchapter J, Chapter 41, Education Code, as | ||
added by this Act, redesignated as Section 41.354, Education Code, | ||
and amended to read as follows: | ||
Sec. 41.354. RULES FOR CAREER AND TECHNOLOGY EDUCATION | ||
ALLOTMENT. (a) This section applies to Section 42.154. | ||
(b) [ |
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State Board of Education rule, must be used in providing career and | ||
technology education programs in grades nine through 12 or career | ||
and technology education programs for students with disabilities in | ||
grades seven through 12 under Sections 29.182, 29.183, and 29.184. | ||
(c) [ |
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comparison between career and technology education programs and | ||
mathematics and science programs. | ||
SECTION 1.39. Chapter 41, Education Code, is amended by | ||
adding Subchapter K and adding a subchapter heading to read as | ||
follows: | ||
SUBCHAPTER K. RULES FOR TRANSPORTATION FUNDING | ||
SECTION 1.40. Sections 42.155(d), (e), (f), (g), (h), (i), | ||
(k), and (l), Education Code, are transferred to Subchapter K, | ||
Chapter 41, Education Code, as added by this Act, redesignated as | ||
Section 41.401, Education Code, and amended to read as follows: | ||
Sec. 41.401. RULES FOR TRANSPORTATION ALLOTMENT. (a) This | ||
section applies to Section 42.201. | ||
(b) [ |
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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 if | ||
they walked to school. Each board of trustees shall provide to the | ||
commissioner the definition of hazardous conditions applicable to | ||
that district and shall identify the specific hazardous areas for | ||
which the allocation is requested. A hazardous 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. | ||
(c) [ |
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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. | ||
(d) [ |
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education students from one campus to another inside a district or | ||
from a sending district to another secondary public school for 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 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. | ||
(e) [ |
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transportation services for eligible special education students is | ||
entitled to a state allocation paid on a previous year's | ||
cost-per-mile basis. The maximum rate per mile allowable shall 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. | ||
(f) [ |
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section must be used in providing transportation services. | ||
(g) [ |
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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 multiplied by the allotment per | ||
mile to which the county transportation system is entitled. | ||
(h) [ |
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42.201 or this section, the commissioner may not reduce the | ||
allotment to which a district or county is entitled under Section | ||
42.201 [ |
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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, if the transportation is provided | ||
within the approved routes of the district or county for the school | ||
the student attends. | ||
(i) [ |
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under Section 42.201 or 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. | ||
SECTION 1.41. Chapter 41, Education Code, is amended by | ||
adding Subchapter L and adding a subchapter heading to read as | ||
follows: | ||
SUBCHAPTER L. RULES FOR FINANCING FOUNDATION SCHOOL PROGRAM | ||
SECTION 1.42. Sections 42.2514 and 42.2515, Education Code, | ||
are transferred to Subchapter L, Chapter 41, Education Code, as | ||
added by this Act, redesignated as Sections 41.451 and 41.452, | ||
Education Code, and amended to read as follows: | ||
Sec. 41.451 [ |
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INCREMENT FINANCING PAYMENTS. For each school year, a school | ||
district's entitlement under Section 42.253(a)(1) [ |
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an amount equal to the amount the district is required to pay into | ||
the tax increment fund for a reinvestment zone under Section | ||
311.013(n), Tax Code. | ||
Sec. 41.452 [ |
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TAX CREDITS UNDER TEXAS ECONOMIC DEVELOPMENT ACT. (a) For each | ||
school year, a school district's entitlement under Section | ||
42.253(a)(1) [ |
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increased by [ |
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of all tax credits credited against ad valorem taxes of the district | ||
in that year under former Subchapter D, Chapter 313, Tax Code. | ||
(b) The commissioner may adopt rules to implement and | ||
administer this section. | ||
SECTION 1.43. Section 42.2524, Education Code, as effective | ||
September 1, 2017, is transferred to Subchapter L, Chapter 41, | ||
Education Code, as added by this Act, redesignated as Section | ||
41.453, Education Code, and amended to read as follows: | ||
Sec. 41.453 [ |
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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) [ |
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must provide the commissioner with adequate documentation of the | ||
costs for which the district seeks reimbursement. | ||
(d) [ |
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implement this section, including rules defining "disaster | ||
remediation costs" for purposes of this section and specifying the | ||
type of documentation required under Subsection (c) [ |
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(e) [ |
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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. | ||
(f) [ |
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provide any requested reimbursement. A decision of the | ||
commissioner regarding reimbursement is final and may not be | ||
appealed. | ||
(g) Payments under this section are considered part of a | ||
school district's entitlement under Section 42.253(a)(1). | ||
SECTION 1.44. Sections 42.2525, 42.2526, and 42.2527, | ||
Education Code, are transferred to Subchapter L, Chapter 41, | ||
Education Code, as added by this Act, and redesignated as Sections | ||
41.454, 41.455, and 41.456, Education Code, to read as follows: | ||
Sec. 41.454 [ |
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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. 41.455 [ |
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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. 41.456 [ |
||
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. | ||
SECTION 1.45. Section 42.2528, Education Code, is | ||
transferred to Subchapter L, Chapter 41, Education Code, as added | ||
by this Act, redesignated as Section 41.457, Education Code, and | ||
amended to read as follows: | ||
Sec. 41.457 [ |
||
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 | ||
Chapter 42 [ |
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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 the [ |
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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. | ||
SECTION 1.46. Sections 42.253(d), (g), (i), (j), and (k), | ||
Education Code, are transferred to Subchapter L, Chapter 41, | ||
Education Code, as added by this Act, redesignated as Section | ||
41.458, Education Code, and amended to read as follows: | ||
Sec. 41.458. RULES FOR DISTRIBUTION OF FOUNDATION SCHOOL | ||
FUND. (a) This section applies to Section 42.253. | ||
(b) [ |
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school district equaling the amount of its entitlement except as | ||
provided by this section. Warrants for all money expended | ||
according to Chapter 42 and 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. | ||
(c) [ |
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satisfaction of the commissioner that the estimate of the | ||
district's tax rate, student enrollment, tax collections, 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. | ||
(e) [ |
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shall determine the actual amount of state funds to which each | ||
school district is entitled under the allocation formulas in this | ||
chapter and Chapter 42 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, tax collections, or | ||
taxable value of property, the commissioner shall adjust the | ||
district's entitlement for the next fiscal year accordingly. | ||
(f) [ |
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for increases under Subsection (e) [ |
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comptroller, at any time during the fiscal year, finds are | ||
available. | ||
(g) [ |
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district the total amount by which the district's allocation of | ||
state funds is increased or reduced under Subsection (e) [ |
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shall certify that amount to the district. | ||
SECTION 1.47. Section 42.253(h), Education Code, as | ||
effective September 1, 2017, is transferred to Subchapter L, | ||
Chapter 41, Education Code, as added by this Act, redesignated as | ||
Section 41.458(d), Education Code, and amended to read as follows: | ||
(d) [ |
||
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 (f) [ |
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adjust the total amounts due to each school district and | ||
open-enrollment charter school under Chapter 42 and this chapter | ||
and the total amounts necessary for each school district to comply | ||
with the requirements of Section 42.254(a) [ |
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amount determined by applying 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 | ||
42 [ |
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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 Section | ||
42.253 [ |
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adjustment made under this subsection; and | ||
(2) the amount necessary for a district to comply with | ||
the requirements of Section 42.254(a) [ |
||
amount necessary to ensure a district's full recovery of the | ||
adjustment made under this subsection. | ||
SECTION 1.48. Subchapter L, Chapter 41, Education Code, as | ||
added by this Act, is amended by adding Sections 41.459, 41.460, and | ||
41.461 to read as follows: | ||
Sec. 41.459. DELINQUENT MAINTENANCE AND OPERATIONS TAX | ||
COLLECTION. (a) If the collection of delinquent maintenance and | ||
operations taxes of a district not previously required to take | ||
action under Section 41.009 results in the district being subject | ||
to Section 42.254(a) only for the year in which the delinquent taxes | ||
are collected, the commissioner shall permit the district to take | ||
action under this section in lieu of taking action under Section | ||
41.009. | ||
(b) The district shall deposit the amount by which the | ||
district's revenue under Sections 42.253(a)(2) and (3) exceeds the | ||
district's entitlement under Section 42.253(a)(1) into a separate | ||
account that may be used only as provided by this section. | ||
(c) For the school year following the year the deposit was | ||
made as provided by Subsection (b), the commissioner shall reduce | ||
the amount of state aid to which the district is entitled under this | ||
chapter and Chapter 42 by an amount equal to the excess revenue in | ||
the separate account and the district may withdraw the money from | ||
the account to replace the reduction in state aid. | ||
(d) If the amount of state aid to which the district is | ||
entitled under this chapter and Chapter 42 is less than the amount | ||
in the separate account, the difference must remain in the separate | ||
account and the commissioner will again reduce the district's state | ||
aid in the subsequent school year. | ||
(e) If money remains in the separate account after three | ||
school years, the remaining money in the account is considered part | ||
of the district's revenue under Sections 42.253(a)(2) and (3) and | ||
the district is subject to Section 42.254(a). | ||
(f) If at any time money remains in the separate account and | ||
the commissioner makes a determination under Section 41.010 that | ||
the district is subject to Section 42.254(a), the remaining money | ||
in the separate account must be included in determining: | ||
(1) the amount the district is required to pay under | ||
Section 41.009(3); or | ||
(2) whether the district has taken sufficient action | ||
under Section 41.009(1), (2), or (4). | ||
Sec. 41.460. FAILURE TO COLLECT DELINQUENT MAINTENANCE AND | ||
OPERATIONS TAXES. (a) If a district fails to collect a delinquent | ||
maintenance and operations tax owed to the district for two years | ||
after the year in which the tax is initially due, the collection of | ||
the delinquent tax reverts to the state. | ||
(b) The comptroller shall collect the delinquent | ||
maintenance and operations tax on behalf of the district, with | ||
penalties and interest owed, at the earliest opportunity. | ||
(c) The attorney general shall assist the comptroller in the | ||
collection of delinquent maintenance and operations taxes. | ||
(d) If the attorney general cannot successfully collect the | ||
delinquent maintenance and operations tax, penalties, and interest | ||
in the first year in which the obligation reverts to the state, the | ||
comptroller may contract with private attorneys for collection in | ||
subsequent years, subject to the terms and limitations that apply | ||
to a school district contracting with private attorneys for that | ||
purpose. | ||
(e) All taxes, penalties, and fees collected under this | ||
section are included in the district's collections under Section | ||
42.253(a)(3) in the year in which they are collected. | ||
Sec. 41.461. ESTIMATES REQUIRED. (a) Not later 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. | ||
SECTION 1.49. Section 42.255, Education Code, is | ||
transferred to Subchapter L, Chapter 41, Education Code, as added | ||
by this Act, redesignated as Section 41.462, Education Code, and | ||
amended to read as follows: | ||
Sec. 41.462 [ |
||
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 or Chapter 42, through | ||
which the district's share of state funds allocated under the | ||
authority of this chapter and Chapter 42 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. | ||
SECTION 1.50. Section 42.259(g), Education Code, is | ||
transferred to Subchapter L, Chapter 41, Education Code, as added | ||
by this Act, redesignated as Section 41.463, Education Code, and | ||
amended to read as follows: | ||
Sec. 41.463. FOUNDATION SCHOOL FUND TRANSFERS. (a) The | ||
commissioner shall adopt rules regarding the timing of payments | ||
from the foundation school fund to each school district and | ||
open-enrollment charter school. | ||
(b) [ |
||
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. | ||
SECTION 1.51. Chapter 41, Education Code, is amended by | ||
adding Subchapter M and adding a subchapter heading to read as | ||
follows: | ||
SUBCHAPTER M. SCHOOL FACILITIES INVENTORY AND STANDARDS | ||
SECTION 1.52. Section 42.352, Education Code, is | ||
transferred to Subchapter M, Chapter 41, Education Code, as added | ||
by this Act, and redesignated as Section 41.501, Education Code, to | ||
read as follows: | ||
Sec. 41.501 [ |
||
Education shall establish standards for adequacy of school | ||
facilities. The standards shall include requirements related to | ||
space, educational adequacy, and construction quality. All | ||
facilities constructed after September 1, 1992, must meet the | ||
standards in order to be financed with state or local tax funds. | ||
SECTION 1.53. Section 42.002(b), Education Code, is amended | ||
to read as follows: | ||
(b) The Foundation School Program consists of: | ||
(1) [ |
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[ |
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school districts with the resources to provide a basic program of | ||
education that is rated acceptable or higher under Section 39.054 | ||
and meets other applicable legal standards[ |
||
school districts with | ||
[ |
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provide an enriched program; and | ||
(2) a facilities component as provided by Chapter 46. | ||
SECTION 1.54. The heading to Subchapter B, Chapter 42, | ||
Education Code, is amended to read as follows: | ||
SUBCHAPTER B. REGULAR PROGRAM [ |
||
SECTION 1.55. Sections 42.101(a) and (c), Education Code, | ||
are amended to read as follows: | ||
(a) For each 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 a | ||
basic [ |
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under Sections 42.102, 42.103, and 42.104 [ |
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(c) The basic allotment is multiplied by the cost of | ||
education index under Section 42.102 and, if applicable, adjusted | ||
by the small district adjustment under Section 42.103 to calculate | ||
a district's adjusted allotment for purposes of the regular program | ||
entitlement under this chapter and the special program allotments | ||
under Subchapter C [ |
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SECTION 1.56. Section 42.102(a), Education Code, is amended | ||
to read as follows: | ||
(a) The basic allotment for each district is multiplied by | ||
the revised cost of education adjustment determined under Section | ||
41.301 [ |
||
resource costs and costs of education due to factors beyond the | ||
control of the school district. | ||
SECTION 1.57. Section 42.103, Education Code, is amended to | ||
read as follows: | ||
Sec. 42.103. SMALL [ |
||
(a) The small district adjustment is intended to account for the | ||
increased per student cost of education in districts with fewer | ||
than 5,000 students. | ||
(b) The basic allotment for certain small [ |
||
districts is adjusted in accordance with this section. In this | ||
section: | ||
(1) "AA" is the district's adjusted allotment per | ||
student; | ||
(2) "ADA" is the number of students in average daily | ||
attendance for which the district is entitled to an allotment under | ||
Section 42.101; and | ||
(3) "ABA" is the adjusted basic allotment determined | ||
under Section 42.102. | ||
(c) [ |
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[ |
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[ |
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applying the following formula that results in the greatest | ||
adjusted allotment: | ||
(1) AA = (1 + ((1,600 - ADA) X .0004)) X ABA; | ||
[ |
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[ |
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(2) AA = (1 + ((5,000 - ADA) X .000025)) X ABA. | ||
SECTION 1.58. Subchapter B, Chapter 42, Education Code, is | ||
amended by adding a new Section 42.104 to read as follows: | ||
Sec. 42.104. SPARSITY ADJUSTMENT. Notwithstanding | ||
Sections 42.101, 42.102, and 42.103, a school district that has | ||
fewer than 130 students in average daily attendance shall be | ||
provided an adjusted allotment under the applicable provisions of | ||
Section 41.302. | ||
SECTION 1.59. Section 42.151(a), Education Code, is amended | ||
to read as follows: | ||
(a) For each 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 adjusted [ |
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allotment multiplied by 1.1. For each full-time equivalent student | ||
in average daily attendance in a special education program under | ||
Subchapter A, Chapter 29, in an instructional arrangement other | ||
than a mainstream instructional arrangement, a district is entitled | ||
to an annual allotment equal to the adjusted [ |
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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 | ||
SECTION 1.60. Section 42.151(f), Education Code, is | ||
redesignated as Section 42.151(c), Education Code, to read as | ||
follows: | ||
(c) [ |
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means 30 hours of contact a week between a special education student | ||
and special education program personnel. | ||
SECTION 1.61. Section 42.152(a), Education Code, is amended | ||
to read as follows: | ||
(a) For each student who is educationally disadvantaged or | ||
who is a student who does not have a disability and resides in a | ||
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 adjusted [ |
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multiplied by 0.2, and by 2.41 for each full-time equivalent | ||
student who is in a remedial and support program under Section | ||
29.081 because the student is pregnant. | ||
SECTION 1.62. Section 42.152(b-1), Education Code, is | ||
redesignated as Section 42.152(c), Education Code, to read as | ||
follows: | ||
(c) [ |
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education through the state virtual school network may be included | ||
in determining the number of educationally disadvantaged students | ||
under Subsection (b) 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. | ||
SECTION 1.63. Section 42.153(a), Education Code, is amended | ||
to read as follows: | ||
(a) 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 adjusted [ |
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SECTION 1.64. Section 42.154(a), Education Code, is amended | ||
to read as follows: | ||
(a) For each full-time equivalent student in average daily | ||
attendance in an approved career and technology education program | ||
in grades nine through 12 or in career and technology education | ||
programs for students with disabilities in grades seven through 12, | ||
a district is entitled to: | ||
(1) an annual allotment equal to the adjusted [ |
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allotment multiplied by a weight of 1.35; and | ||
(2) $50, if the student is enrolled in: | ||
(A) two or more advanced career and technology | ||
education classes for a total of three or more credits; or | ||
(B) an advanced course as part of a tech-prep | ||
program under Subchapter T, Chapter 61. | ||
SECTION 1.65. Chapter 42, Education Code, is amended by | ||
adding Subchapter D and adding a subchapter heading to read as | ||
follows: | ||
SUBCHAPTER D. TRANSPORTATION ALLOTMENT | ||
SECTION 1.66. Sections 42.155(a), (b), (c), and (j), | ||
Education Code, are transferred to Subchapter D, Chapter 42, | ||
Education Code, as added by this Act, redesignated as Section | ||
42.201, Education Code, and amended to read as follows: | ||
Sec. 42.201. TRANSPORTATION ALLOTMENT. (a) Each 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 | ||
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. | ||
(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. | ||
(3) "Linear density" means the average number of | ||
regular eligible students transported daily, divided by the | ||
approved daily route miles traveled by the respective | ||
transportation system. | ||
(c) Each district or county operating a regular | ||
transportation system is entitled to an allotment based on the | ||
daily cost per regular eligible student of operating and | ||
maintaining the regular transportation system and the linear | ||
density of that system. In determining the cost, the commissioner | ||
shall give consideration to factors affecting the actual cost of | ||
providing these transportation services in each district or county. | ||
The average actual cost is to be computed by the commissioner and | ||
included for consideration by the legislature in the General | ||
Appropriations Act. The allotment per mile of approved route may | ||
not exceed the amount set by appropriation. | ||
(d) [ |
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allotment under this section. The commissioner shall determine the | ||
appropriate allotment. | ||
SECTION 1.67. Section 42.251, Education Code, is amended to | ||
read as follows: | ||
Sec. 42.251. FINANCING; GENERAL RULE. (a) A school | ||
district's Foundation School Program maintenance and operations | ||
cost is the [ |
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(1) the district's effective tax rate, as provided | ||
under Section 42.2511, multiplied by the sum of the regular program | ||
entitlement to which the district is entitled [ |
||
under Subchapter B and the sum of the special allotments under | ||
Subchapter C to which the district is entitled, computed in | ||
accordance with this chapter; and | ||
(2) the transportation allotment under Subchapter D[ |
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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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the Foundation School Program. | ||
(c) [ |
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(1) state available school funds distributed in | ||
accordance with 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 maintenance and operations cost of each | ||
district's Foundation School Program not covered by other funds | ||
specified in this subsection. | ||
SECTION 1.68. Subchapter E, Chapter 42, Education Code, is | ||
amended by adding Section 42.2511 to read as follows: | ||
Sec. 42.2511. EFFECTIVE TAX RATE. (a) A district's | ||
effective tax rate is the district's adopted maintenance and | ||
operations tax rate per $100 of taxable value multiplied by the | ||
ratio of the district's appraised value of property for maintenance | ||
and operations tax purposes to the taxable value of property in the | ||
school district for the current tax year determined under | ||
Subchapter M, Chapter 403, Government Code. | ||
(b) The effective tax rate for an open-enrollment charter | ||
school under Chapter 12 is the state average effective tax rate. | ||
SECTION 1.69. The heading to Section 42.252, Education | ||
Code, is amended to read as follows: | ||
Sec. 42.252. LOCAL SHARE OF PROGRAM COST [ |
||
SECTION 1.70. Section 42.252(a), Education Code, is amended | ||
to read as follows: | ||
(a) Each school district's share of the maintenance and | ||
operations cost of the Foundation School Program is the sum of the | ||
district's distribution from the state available school fund and | ||
the district's maintenance and operations tax collections for the | ||
current year [ |
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SECTION 1.71. Sections 42.253(a) and (c), Education Code, | ||
are amended to read as follows: | ||
(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) [ |
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[ |
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from the available school fund; and | ||
(3) [ |
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[ |
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operations tax collections [ |
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(c) Each school district is entitled to an amount equal to | ||
the difference for that district between Subsection [ |
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and (a)(3)[ |
||
SECTION 1.72. Section 42.254, Education Code, is amended to | ||
read as follows: | ||
Sec. 42.254. OPTIONS TO ENSURE EFFICIENCY OF FOUNDATION | ||
SCHOOL PROGRAM [ |
||
total revenue under Sections 42.253(a)(2) and (3) exceeds the | ||
district's entitlement under Section 42.253(a)(1), a district may | ||
choose to exercise one or more options under Subchapter B, C, D, or | ||
E, Chapter 41, to eliminate all excess revenue. If the district | ||
fails to elect an option, the commissioner shall exercise an option | ||
under Subchapter F or G, Chapter 41, to reduce the district's | ||
anticipated revenue by an amount sufficient to eliminate any excess | ||
revenue [ |
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(b) The total amount to be remitted to the state by a | ||
district under Subchapter D, Chapter 41, must at least equal the | ||
amount by which the district's total revenue under Sections | ||
42.253(a)(2) and (3) exceeds the district's entitlement under | ||
Section 42.253(a)(1) [ |
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(c) If a district subject to this section chooses another | ||
option to achieve the efficiency of the system under Chapter 41 or | ||
the commissioner takes action under Subchapter F or G, Chapter 41, | ||
any district involved may not have a resulting amount of total | ||
revenue under Sections 42.253(a)(2) and (3) that exceeds the | ||
district's entitlement under Section 42.253(a)(1). | ||
SECTION 1.73. The heading to Section 42.258, Education | ||
Code, is amended to read as follows: | ||
Sec. 42.258. RECOVERY OF OVERALLOCATED FUNDS OR | ||
INSUFFICIENT PAYMENTS. | ||
SECTION 1.74. Section 42.258(a), Education Code, is amended | ||
to read as follows: | ||
(a) If a school district has received an overallocation of | ||
state funds or has failed to make sufficient payments to the state | ||
under Section 42.254, the agency shall, by withholding from | ||
subsequent allocations of state funds or increasing the amount of | ||
payments owed for the current or subsequent school year or by | ||
requesting and obtaining a refund, recover from the district an | ||
amount equal to the overallocation or insufficient payments. | ||
SECTION 1.75. The heading to Subchapter F, Chapter 42, | ||
Education Code, is amended to read as follows: | ||
SUBCHAPTER F. CALCULATION OF WEIGHTED AVERAGE DAILY ATTENDANCE | ||
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SECTION 1.76. Section 42.301, Education Code, is amended to | ||
read as follows: | ||
Sec. 42.301. PURPOSE. The purpose of the calculation of | ||
weighted students under this subchapter is to provide a method of | ||
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recognized and funded uncontrollable cost differences in educating | ||
students, the use of weighted students in funding comparisons | ||
reflects the state policy under Section 42.001. Weighted students | ||
are not used in the determination of funding for school districts | ||
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SECTION 1.77. The heading to Section 42.302, Education | ||
Code, is amended to read as follows: | ||
Sec. 42.302. CALCULATION OF WEIGHTED STUDENTS [ |
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SECTION 1.78. Section 42.302(a), Education Code, is amended | ||
to read as follows: | ||
(a) For comparing student funding under Section 42.301, | ||
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district's allotments under Subchapters B and C[ |
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SECTION 1.79. The following provisions of the Education | ||
Code are repealed: | ||
(1) Section 41.002, as effective immediately before | ||
the effective date of this Act; | ||
(2) Sections 41.0031 and 41.0041; | ||
(3) Section 41.006, as effective immediately before | ||
the effective date of this Act; | ||
(4) Section 41.092; | ||
(5) Section 41.093(b-1); | ||
(6) Section 41.0931; | ||
(7) Section 41.097(b); | ||
(8) Sections 41.098 and 41.099; | ||
(9) Subchapter E, Chapter 41, as effective immediately | ||
before the effective date of this Act; | ||
(10) Section 41.157(d); | ||
(11) Section 41.159(b); | ||
(12) Sections 41.206(d), (e), (f), (g), (h), (i), (j), | ||
and (k); | ||
(13) Sections 41.207, 41.208, 41.209, and 41.210; | ||
(14) Section 41.252(c); | ||
(15) Section 42.009; | ||
(16) Sections 42.101(a-1) and (a-2); | ||
(17) Section 42.104, as effective immediately before | ||
the effective date of this Act; | ||
(18) Section 42.106; | ||
(19) Section 42.151(l); | ||
(20) Section 42.154(e); | ||
(21) the heading to Section 42.155; | ||
(22) Sections 42.1541, 42.156, 42.157, 42.158, | ||
42.160, 42.2513, 42.2516, 42.2517, and 42.2518; | ||
(23) Sections 42.252(a-1), (b), (c), and (d); | ||
(24) Sections 42.2521, 42.2522, and 42.2523; | ||
(25) Section 42.253(b); | ||
(26) Sections 42.2531 and 42.257; | ||
(27) Sections 42.258(a-1) and (b); | ||
(28) Sections 42.259(a), (b), (c), (d), (e), and (f); | ||
(29) Sections 42.2591, 42.260, and 42.262; | ||
(30) Sections 42.302(a-1), (a-2), (b), (c), (d), (e), | ||
and (f); and | ||
(31) Sections 42.303, 42.304, and 42.4101. | ||
SECTION 1.80. Any rule adopted by the commissioner of | ||
education under Chapter 41 or 42, Education Code, before the | ||
effective date of this Act continues to apply to Chapter 41 or 42, | ||
Education Code, as amended by this Act, if Chapter 41 or 42, | ||
Education Code, as amended by this Act, includes a section that is | ||
substantially the same as a section of Chapter 41 or 42, Education | ||
Code, that existed before the effective date of this Act. | ||
ARTICLE 2. CONFORMING AMENDMENTS | ||
[[[to be added at a later date]]] | ||
ARTICLE 3. EFFECTIVE DATE | ||
SECTION 3.01. This Act takes effect September 1, 2017 |