Bill Text: TX SB496 | 2015-2016 | 84th Legislature | Enrolled

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Bill Title: Relating to Foundation School Program funding for certain students.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Vetoed) 2015-06-20 - Vetoed by the Governor [SB496 Detail]

Download: Texas-2015-SB496-Enrolled.html

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S.B. No. 496

AN ACT
relating to Foundation School Program funding for certain students.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 29.0822, Education Code, is amended by
amending Subsections (a), (b), and (d) and adding Subsection (d-1)
to read as follows:
(a) Notwithstanding Section 25.081 or 25.082, a school
district may [apply to the commissioner to] provide a flexible
school day program for [students who]:
(1) students who have dropped out of school or are at
risk of dropping out of school as defined by Section 29.081;
(2) students who attend a campus that is implementing
an innovative redesign of the campus or an early college high school
under a plan approved by the commissioner; [or]
(3) students who, as a result of attendance
requirements under Section 25.092, will be denied credit for one or
more classes in which the students have been enrolled; or
(4) a campus or campuses that would benefit from the
program.
(b) To enable a school district to provide a program under
this section that meets the needs of students described by
Subsection (a), a school district [that meets application
requirements] may:
(1) provide flexibility in the number of hours each
day a student attends;
(2) provide flexibility in the number of days each
week a student attends; or
(3) allow a student to enroll in less than or more than
a full course load.
(d) The commissioner may adopt rules for the administration
of this section[, including rules establishing application
requirements]. Subject to Subsection (d-1), the [The] commissioner
shall calculate average daily attendance for students served under
this section. The commissioner shall allow accumulations of hours
of instruction for students whose schedule would not otherwise
allow full state funding. Funding under this subsection shall be
determined based on the number of instructional days in the school
district calendar and a seven-hour school day, but attendance may
be cumulated over a school year, including any summer or vacation
session. The attendance of students who accumulate less than the
number of attendance hours required under this subsection shall be
proportionately reduced for funding purposes. The commissioner
may:
(1) set maximum funding amounts for an individual
course under this section; and
(2) limit funding for the attendance of a student
described by Subsection (a)(3) in a course under this section to
funding only for the attendance necessary for the student to earn
class credit that, as a result of attendance requirements under
Section 25.092, the student would not otherwise be able to receive
without retaking the class.
(d-1) In calculating average daily attendance for students
served under this section, the commissioner shall ensure that
funding for attendance in a course in a program under this section
is based on the same instructional hour requirements of the regular
program rather than a full-time equivalent student basis that
requires six hours of student contact time to qualify for a full day
of attendance.
SECTION 2. Section 42.005(a), Education Code, is amended to
read as follows:
(a) In this chapter, average daily attendance is:
(1) the quotient of the sum of attendance for each day
of the minimum number of days of instruction 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 [Section] 29.0822(d) and (d-1).
SECTION 3. Section 42.152, Education Code, is amended by
adding Subsections (c-3) and (c-4) to read as follows:
(c-3) Notwithstanding Subsection (c), funds allocated under
this section may be used to:
(1) provide child-care services or assistance with
child-care expenses for students at risk of dropping out of school,
as defined by Section 29.081(d)(5); or
(2) pay the costs associated with services provided
through a life skills program in accordance with Sections
29.085(b)(1) and (3)-(7).
(c-4) Not later than January 1, 2016, the commissioner shall
amend rules regarding the Public Education Information Management
System (PEIMS) to include pregnancy as a reason a student withdraws
from or otherwise no longer attends public school.
SECTION 4. This Act applies beginning with the 2015-2016
school year.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 496 passed the Senate on
May 5, 2015, by the following vote: Yeas 31, Nays 0; and that the
Senate concurred in House amendments on May 29, 2015, by the
following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 496 passed the House, with
amendments, on May 27, 2015, by the following vote: Yeas 139,
Nays 7, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor