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