Bill Text: TX SB244 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the elimination of the cost of education adjustment under the Foundation School Program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-01-28 - Referred to Education [SB244 Detail]
Download: Texas-2015-SB244-Introduced.html
84R2733 JSL-D | ||
By: Watson | S.B. No. 244 |
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relating to the elimination of the cost of education adjustment | ||
under the Foundation School Program. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 7.062(c), Education Code, is amended to | ||
read as follows: | ||
(c) Except as otherwise provided by this subsection, if the | ||
commissioner certifies that the amount appropriated for a state | ||
fiscal year for purposes of Subchapters A and B, Chapter 46, exceeds | ||
the amount to which school districts are entitled under those | ||
subchapters for that year, the commissioner shall use the excess | ||
funds, in an amount not to exceed $20 million in any state fiscal | ||
year, for the purpose of making grants under this section. The use | ||
of excess funds under this subsection has priority over any | ||
provision of Chapter 42 that permits or directs the use of excess | ||
foundation school program funds, including Sections [ |
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42.2521, 42.2522, and 42.2531. The commissioner is required to use | ||
excess funds as provided by this subsection only if the | ||
commissioner is not required to reduce the total amount of state | ||
funds allocated to school districts under Section 42.253(h). | ||
SECTION 2. Section 12.106(a-1), Education Code, is amended | ||
to read as follows: | ||
(a-1) In determining funding for an open-enrollment charter | ||
school under Subsection (a), adjustments under Sections [ |
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42.103[ |
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for the state. | ||
SECTION 3. Section 29.014(d), Education Code, is amended to | ||
read as follows: | ||
(d) The basic allotment for a student enrolled in a district | ||
to which this section applies is adjusted by[ |
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42.151(a). | ||
SECTION 4. Section 41.034(a), Education Code, is 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 | ||
[ |
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districts would have been entitled but for the consolidation. | ||
SECTION 5. Section 42.007(c), Education Code, is amended to | ||
read as follows: | ||
(c) The funding elements must include: | ||
(1) a basic allotment for the purposes of Section | ||
42.101 that, when combined with the guaranteed yield component | ||
provided by Subchapter F, represents the cost per student of a | ||
regular education program that meets all mandates of law and | ||
regulation; | ||
(2) [ |
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other funding elements for the programs authorized under Subchapter | ||
C, with the program funding level expressed as dollar amounts and as | ||
weights applied to the basic allotment or adjusted [ |
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allotment, as applicable, for the appropriate year; | ||
(3) [ |
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state and local funds per student for the purposes of Subchapter F; | ||
(4) [ |
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under Subchapter F; | ||
(5) [ |
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average daily attendance under Section 42.302; and | ||
(6) [ |
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facilities assistance program under Chapter 46. | ||
SECTION 6. Section 42.103, Education Code, is amended to | ||
read as follows: | ||
Sec. 42.103. SMALL AND MID-SIZED DISTRICT ADJUSTMENT. (a) | ||
The basic allotment for certain small and mid-sized 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) "BA [ |
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determined under Section 42.101 [ |
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(b) The basic allotment of a school district that contains | ||
at least 300 square miles and has not more than 1,600 students in | ||
average daily attendance is adjusted by applying the formula: | ||
AA = (1 + ((1,600 - ADA) X .0004)) X BA [ |
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(c) The basic allotment of a school district that contains | ||
less than 300 square miles and has not more than 1,600 students in | ||
average daily attendance is adjusted by applying the formula: | ||
AA = (1 + ((1,600 - ADA) X .00025)) X BA [ |
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(d) The basic allotment of a school district that offers a | ||
kindergarten through grade 12 program and has less than 5,000 | ||
students in average daily attendance is adjusted by applying the | ||
formula, of the following formulas, that results in the greatest | ||
adjusted allotment: | ||
(1) the formula in Subsection (b) or (c) for which the | ||
district is eligible; or | ||
(2) AA = (1 + ((5,000 - ADA) X .000025)) X BA [ |
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SECTION 7. Section 42.105, Education Code, as effective | ||
September 1, 2015, is amended to read as follows: | ||
Sec. 42.105. SPARSITY ADJUSTMENT. Notwithstanding Sections | ||
42.101[ |
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130 students in average daily attendance shall be provided funding | ||
[ |
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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 funding [ |
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basis of 75 students in average daily attendance. An average daily | ||
attendance of 60 students shall be the basis of providing funding | ||
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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. | ||
SECTION 8. Sections 42.151(a) and (k), Education Code, are | ||
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 basic allotment or | ||
adjusted [ |
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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 basic allotment or 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 | ||
(k) A school district that provides an extended year program | ||
required by federal law for special education students who may | ||
regress is entitled to receive funds in an amount equal to 75 | ||
percent, or a lesser percentage determined by the commissioner, of | ||
the [ |
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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 section only in | ||
providing an extended year program. | ||
SECTION 9. 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 basic allotment or adjusted | ||
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for each full-time equivalent student who is in a remedial and | ||
support program under Section 29.081 because the student is | ||
pregnant. | ||
SECTION 10. 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 basic allotment or adjusted [ |
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multiplied by 0.1. | ||
SECTION 11. 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 basic allotment | ||
or adjusted [ |
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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 12. Section 42.156(a), Education Code, is amended | ||
to read as follows: | ||
(a) For each identified student a school district serves in | ||
a program for gifted and talented students that the district | ||
certifies to the commissioner as complying with Subchapter D, | ||
Chapter 29, a district is entitled to an annual allotment equal to | ||
the district's basic allotment or adjusted [ |
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determined under Section 42.101 [ |
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applicable, multiplied by .12 for each school year or a greater | ||
amount provided by appropriation. | ||
SECTION 13. Section 42.157(a), Education Code, is amended | ||
to read as follows: | ||
(a) Except as provided by Subsection (b), for each student | ||
in average daily attendance who is using a public education grant | ||
under Subchapter G, Chapter 29, to attend school in a district other | ||
than the district in which the student resides, the district in | ||
which the student attends school is entitled to an annual allotment | ||
equal to the basic allotment or adjusted [ |
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applicable, multiplied by a weight of 0.1. | ||
SECTION 14. Section 42.261(a), Education Code, is amended | ||
to read as follows: | ||
(a) Funds appropriated by the legislature for a tax year for | ||
the purpose of reducing a school district's maintenance and | ||
operations tax rate and providing state aid under Section 42.2516: | ||
(1) [ |
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[ |
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42.2521 or 42.2522; | ||
(2) [ |
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and | ||
(3) [ |
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school district for a purpose other than reduction of the | ||
district's maintenance and operations tax rate. | ||
SECTION 15. Section 42.302(a), Education Code, is amended | ||
to read as follows: | ||
(a) Each school district is guaranteed a specified amount | ||
per weighted student in state and local funds for each cent of tax | ||
effort over that required for the district's local fund assignment | ||
up to the maximum level specified in this subchapter. The amount | ||
of state support, subject only to the maximum amount under Section | ||
42.303, is determined by the formula: | ||
GYA = (GL X WADA X DTR X 100) - LR | ||
where: | ||
"GYA" is the guaranteed yield amount of state funds to be | ||
allocated to the district; | ||
"GL" is the dollar amount guaranteed level of state and local | ||
funds per weighted student per cent of tax effort, which is an | ||
amount described by Subsection (a-1) or a greater amount for any | ||
year provided by appropriation; | ||
"WADA" is the number of students in weighted average daily | ||
attendance, which is calculated by dividing the sum of the school | ||
district's allotments under Subchapters B and C, less any allotment | ||
to the district for transportation and[ |
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Section 42.158 or 42.160, [ |
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"DTR" is the district enrichment tax rate of the school | ||
district, which is determined by subtracting the amounts specified | ||
by Subsection (b) from the total amount of maintenance and | ||
operations taxes collected by the school district for the | ||
applicable school year and dividing the difference by the quotient | ||
of the district's taxable value of property as determined under | ||
Subchapter M, Chapter 403, Government Code, or, if applicable, | ||
under Section 42.2521, divided by 100; and | ||
"LR" is the local revenue, which is determined by multiplying | ||
"DTR" by the quotient of the district's taxable value of property as | ||
determined under Subchapter M, Chapter 403, Government Code, or, if | ||
applicable, under Section 42.2521, divided by 100. | ||
SECTION 16. Section 322.008(b), Government Code, is amended | ||
to read as follows: | ||
(b) The general appropriations bill may include for | ||
purposes of information the funding elements computed by the | ||
Legislative Budget Board under Section 42.007, Education Code[ |
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included, the funding elements under Section 42.007(c)(2) | ||
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per pupil. | ||
SECTION 17. Section 825.405(b), Government Code, is amended | ||
to read as follows: | ||
(b) For purposes of this section: | ||
(1) the statutory minimum salary for certain school | ||
personnel under Section 21.402, Education Code, is the salary | ||
provided by that section multiplied by the 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, applicable [ |
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member is employed; and | ||
(2) the statutory minimum salary for members who would | ||
have been entitled to the minimum salary for certain school | ||
personnel under former Section 16.056, Education Code, as that | ||
section existed on January 1, 1995, is a minimum salary computed in | ||
the same manner as the minimum salary for certain school personnel | ||
under Section 21.402, Education Code, multiplied by the 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, | ||
applicable [ |
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in which the member is employed. | ||
SECTION 18. The following sections of the Education Code | ||
are repealed: | ||
(1) Section 42.102; | ||
(2) Section 42.104; and | ||
(3) Section 42.2517. | ||
SECTION 19. This Act takes effect September 1, 2015. |