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A BILL TO BE ENTITLED
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AN ACT
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relating to the funding of primary and secondary education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 7.055(b), Education Code, is amended by |
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adding Subdivision (42) to read as follows: |
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(42) The commissioner may accept a gift, donation, or |
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other contribution on behalf of the public school system or agency |
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and, unless otherwise specified by the donor, may use the |
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contribution for the benefit of the public school system or agency |
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in the manner the commissioner determines appropriate. |
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SECTION 2. Section 7.062(c), Education Code, is amended to |
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read as follows: |
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(c) Except as otherwise provided by this subsection, if the |
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commissioner certifies that the amount appropriated for a state |
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fiscal year for purposes of Subchapters A and B, Chapter 46, exceeds |
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the amount to which school districts are entitled under those |
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subchapters for that year, the commissioner shall use the excess |
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funds, in an amount not to exceed $20 million in any state fiscal |
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year, for the purpose of making grants under this section. The use |
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of excess funds under this subsection has priority over any |
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provision of Chapter 42 that permits or directs the use of excess |
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foundation school program funds, including Sections [42.2517,] |
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42.2521, 42.2522, and 42.2531. The commissioner is required to use |
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excess funds as provided by this subsection only if the |
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commissioner is not required to reduce the total amount of state |
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funds allocated to school districts under Section 42.253(h). |
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SECTION 3. Section 11.158(a), Education Code, is amended to |
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read as follows: |
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(a) The board of trustees of an independent school district |
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may require payment of: |
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(1) a fee for materials used in any program in which |
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the resultant product in excess of minimum requirements becomes, at |
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the student's option, the personal property of the student, if the |
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fee does not exceed the cost of materials; |
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(2) membership dues in student organizations or clubs |
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and admission fees or charges for attending extracurricular |
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activities, if membership or attendance is voluntary; |
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(3) a security deposit for the return of materials, |
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supplies, or equipment; |
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(4) a fee for personal physical education and athletic |
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equipment and apparel, although any student may provide the |
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student's own equipment or apparel if it meets reasonable |
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requirements and standards relating to health and safety |
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established by the board; |
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(5) a fee for items of personal use or products that a |
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student may purchase at the student's option, such as student |
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publications, class rings, annuals, and graduation announcements; |
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(6) a fee specifically permitted by any other statute; |
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(7) a fee for an authorized voluntary student health |
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and accident benefit plan; |
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(8) a reasonable fee, not to exceed the actual annual |
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maintenance cost, for the use of musical instruments and uniforms |
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owned or rented by the district; |
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(9) a fee for items of personal apparel that become the |
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property of the student and that are used in extracurricular |
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activities; |
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(10) a parking fee or a fee for an identification card; |
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(11) a fee for a driver training course, not to exceed |
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the actual district cost per student in the program for the current |
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school year; |
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(12) a fee for a course offered for credit that |
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requires the use of facilities not available on the school premises |
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or the employment of an educator who is not part of the school's |
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regular staff, if participation in the course is at the student's |
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option; |
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(13) a fee for a course offered during summer school, |
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except that the board may charge a fee for a course required for |
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graduation only if the course is also offered without a fee during |
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the regular school year; |
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(14) a reasonable fee for transportation of a student |
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who lives within two miles of the school the student attends to and |
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from that school[, except that the board may not charge a fee for
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transportation for which the school district receives funds under
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Section 42.155(d)]; or |
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(15) a reasonable fee, not to exceed $50, for costs |
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associated with an educational program offered outside of regular |
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school hours through which a student who was absent from class |
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receives instruction voluntarily for the purpose of making up the |
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missed instruction and meeting the level of attendance required |
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under Section 25.092[; or
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[(16)
if the district does not receive any funds under
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Section 42.155 and does not participate in a county transportation
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system for which an allotment is provided under Section 42.155(i),
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a reasonable fee for the transportation of a student to and from the
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school the student attends]. |
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SECTION 4. Effective September 1, 2018, Section |
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12.106(a-1), Education Code, is amended to read as follows: |
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(a-1) In determining funding for an open-enrollment charter |
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school under Subsection (a): |
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(1) [,] adjustments under Sections 42.102, [42.103,] |
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42.104, and 42.105 are based on the average adjustment for the |
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state; and |
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(2) the adjustment under Section 42.103 is based on |
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the average adjustment for the state that would have been provided |
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under that section as it existed on January 1, 2018. |
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SECTION 5. Section 29.153(c), Education Code, is amended to |
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read as follows: |
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(c) A prekindergarten class under this section shall be |
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operated on a half-day basis. A district is not required to provide |
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transportation for a prekindergarten class[, but transportation,
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if provided, is included for funding purposes as part of the regular
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transportation system]. |
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SECTION 6. Subchapter F, Chapter 29, Education Code, is |
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amended by adding Section 29.194 to read as follows: |
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Sec. 29.194. STUDY ON CAREER AND TECHNOLOGY EDUCATION |
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COURSES. (a) The commissioner shall conduct a study regarding: |
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(1) providing career and technology education courses |
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during the summer, including: |
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(A) the feasibility of providing those courses; |
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(B) the potential demand for those courses; |
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(C) any funding considerations associated with |
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providing those courses; and |
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(D) any other matter the commissioner determines |
|
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appropriate; and |
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(2) the feasibility of extending career and technology |
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education programs to students enrolled below the eighth grade |
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level and providing funding for those programs. |
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(b) Not later than December 1, 2018, the commissioner shall |
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submit to the governor and the members of the legislature a report |
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on the results of the study and any recommendations for legislative |
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or other action. |
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(c) The provisions of this section apply only if the |
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commissioner receives sufficient money to pay for the study and |
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report from gifts, donations, or other contributions that may be |
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used for that purpose. |
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(d) This section expires September 1, 2019. |
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SECTION 7. Chapter 29, Education Code, is amended by adding |
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Subchapter J to read as follows: |
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SUBCHAPTER J. EDUCATION SAVINGS ACCOUNT PROGRAM |
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Sec. 29.351. DEFINITIONS. In this subchapter: |
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(1) "Account" means an education savings account |
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established under the program. |
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(2) "Child with a disability" means a child who is: |
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(A) eligible to participate in a school |
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|
district's special education program under Section 29.003; or |
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(B) covered by Section 504, Rehabilitation Act of |
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|
1973 (29 U.S.C. Section 794). |
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(3) "Curriculum" means a complete course of study for |
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a particular content area or grade level. |
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(4) "Financial institution" means a bank, credit |
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|
union, savings bank, or savings and loan association organized |
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under the laws of this state, the laws of another state, or federal |
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law that has its main office or a branch office in this state. The |
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term does not include any institution the deposits of which are not |
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insured by the Federal Deposit Insurance Corporation or the |
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National Credit Union Administration. |
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(5) "Institution of higher education" and "private or |
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independent institution of higher education" have the meanings |
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assigned by Section 61.003. |
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(6) "Parent" means a resident of this state who is a |
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natural or adoptive parent, managing or possessory conservator, |
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legal guardian, custodian, or other person with legal authority to |
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act on behalf of a child. |
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(7) "Program" means the education savings account |
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program established under this subchapter. |
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(8) "Program participant" means a child and a parent |
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of a child enrolled in the program. |
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Sec. 29.352. PURPOSES. The purposes of the education |
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savings account program are to: |
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(1) improve public schools and overall academic |
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performance; |
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(2) promote efficiency; |
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(3) promote and preserve the liberties and rights of |
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the people; and |
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(4) increase parental options. |
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Sec. 29.353. ESTABLISHMENT OF PROGRAM. (a) The |
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comptroller shall establish and administer an education savings |
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account program to provide funding for certain education-related |
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expenses of eligible children. |
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(b) The comptroller, with cooperation from the agency, |
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shall ensure that information about the program is readily |
|
|
available to the public through various sources, including the |
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comptroller's and the agency's respective Internet websites. The |
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information made available through the comptroller's Internet |
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website must include a notice that: |
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(1) states that a private school is not subject to laws |
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|
regarding the provision of educational services in the same manner |
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|
as a public school, and a child with a disability attending a |
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|
private school may not receive the services a child with a |
|
|
disability attending a public school is entitled to receive under |
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federal and state law; and |
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(2) provides information regarding rights to which a |
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child with a disability is entitled under federal and state law if |
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the child attends a public school, including: |
|
|
(A) rights provided under the Individuals with |
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|
Disabilities Education Act (20 U.S.C. Section 1400 et seq.), |
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|
including: |
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(i) an individualized education program; |
|
|
(ii) educational services provided in the |
|
|
least restrictive environment; |
|
|
(iii) instruction from certified teachers; |
|
|
(iv) due process hearings to ensure proper |
|
|
and full implementation of an individualized education program; |
|
|
(v) transition and planning services; and |
|
|
(vi) supplementary aids and services; |
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(B) rights provided under Subchapter A; and |
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(C) other rights provided under federal or state |
|
|
law. |
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Sec. 29.3531. EDUCATION SAVINGS ACCOUNT PROGRAM FUND. |
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(a) The education savings account program fund is an account in |
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the general revenue fund to be administered by the comptroller. |
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(b) The fund is composed of: |
|
|
(1) general revenue transferred to the fund; |
|
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(2) money appropriated to the fund; |
|
|
(3) gifts, grants, and donations received under |
|
|
Section 29.371; and |
|
|
(4) any other money available for purposes of the |
|
|
program. |
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(c) Money in the fund may be appropriated only to the |
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comptroller for purposes of making payments to program participants |
|
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and administering the program under this subchapter. |
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Sec. 29.354. ELIGIBLE CHILD. (a) A child is eligible to |
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participate in the program if the child: |
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(1) is a child with a disability; |
|
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(2) is eligible to attend a public school under |
|
|
Section 25.001; and |
|
|
(3) was enrolled in a public school in this state |
|
|
during the entire preceding academic year. |
|
|
(b) A child who establishes eligibility under this section |
|
|
may participate in the program until the earliest of the following |
|
|
dates: |
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(1) the date that is three months after the date on |
|
|
which the child graduates from high school; |
|
|
(2) the date on which the child is no longer eligible |
|
|
to attend a public school under Section 25.001; |
|
|
(3) the date on which the child enrolls in a public |
|
|
school, including an open-enrollment charter school; or |
|
|
(4) the date on which the child is declared ineligible |
|
|
for the program by the comptroller under this subchapter. |
|
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(c) Notwithstanding Subsection (b), the comptroller shall |
|
|
establish guidelines for, in the least disruptive manner possible: |
|
|
(1) a child participating in the program to cease |
|
|
participation and enroll in a public school, including an |
|
|
open-enrollment charter school; and |
|
|
(2) a child who previously participated in the program |
|
|
and subsequently enrolled in a public school, including an |
|
|
open-enrollment charter school, to resume participation in the |
|
|
program. |
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Sec. 29.355. ENROLLMENT IN PROGRAM. (a) A parent of an |
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eligible child may enroll the child in the program for the following |
|
|
school year. |
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|
(b) The comptroller shall by rule create an enrollment form |
|
|
for the program and make the enrollment form readily available to |
|
|
interested parents through various sources, including the |
|
|
comptroller's Internet website. An enrollment form for the program |
|
|
must be submitted to the comptroller electronically. |
|
|
(c) The comptroller shall post on the comptroller's |
|
|
Internet website and provide to each parent who submits an |
|
|
enrollment form a publication that describes the operation of the |
|
|
program, including: |
|
|
(1) expenses allowed under the program under Section |
|
|
29.357; |
|
|
(2) expense reporting requirements; and |
|
|
(3) a description of the responsibilities of program |
|
|
participants and the duties of the comptroller under this |
|
|
subchapter. |
|
|
(d) The comptroller shall provide to each parent who submits |
|
|
an enrollment form a written copy of the notice described by Section |
|
|
29.353(b). Before the parent may receive funding under the |
|
|
program, the parent must sign and return the notice to the |
|
|
comptroller. |
|
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Sec. 29.356. PARTICIPATION IN PROGRAM. (a) To receive |
|
|
funding under the program, a parent of an eligible child must agree |
|
|
to: |
|
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(1) spend funds received through the program only for |
|
|
expenses allowed under Section 29.357; |
|
|
(2) notify the comptroller if the child enrolls in a |
|
|
public school, including an open-enrollment charter school, not |
|
|
later than the 30th day after the date of enrollment; and |
|
|
(3) inform the comptroller if the child graduates from |
|
|
high school. |
|
|
(b) The parent of a child participating in the program is |
|
|
the trustee of the child's account. |
|
|
(c) The comptroller shall provide annually to each program |
|
|
participant the publication provided under Section 29.355(c). |
|
|
Sec. 29.357. APPROVED EDUCATION-RELATED EXPENSES. |
|
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(a) Funds received under the program may be used only for the |
|
|
following expenses incurred by a program participant: |
|
|
(1) tuition and fees: |
|
|
(A) at a private school accredited by an |
|
|
organization that is recognized by the Texas Private School |
|
|
Accreditation Commission; |
|
|
(B) at an institution of higher education or a |
|
|
private or independent institution of higher education; or |
|
|
(C) for an online educational course or program; |
|
|
(2) the purchase of textbooks or other instructional |
|
|
materials required by a school, institution, course, or program |
|
|
described by Subdivision (1) in which the child is enrolled; |
|
|
(3) fees for classes or other educational services |
|
|
provided by a public school, if the classes or services do not |
|
|
qualify the child to be included in the school's average daily |
|
|
attendance; |
|
|
(4) fees for services provided by a private tutor or |
|
|
teaching service; |
|
|
(5) costs of transportation to and from school, not to |
|
|
exceed $500 per year; |
|
|
(6) fees for educational therapies or services |
|
|
provided by a practitioner or provider; |
|
|
(7) costs of computer hardware and software and other |
|
|
technological devices prescribed by a physician to facilitate a |
|
|
child's education, not to exceed in any year 10 percent of the total |
|
|
amount paid to the program participant's account that year; |
|
|
(8) fees for a nationally norm-referenced achievement |
|
|
test or examination, an assessment instrument adopted by the agency |
|
|
under Section 39.023, an advanced placement test or similar |
|
|
examination, or any examination related to college or university |
|
|
admission; |
|
|
(9) fees for the management of the participant's |
|
|
account charged by a financial institution; and |
|
|
(10) costs of breakfast or lunch provided to a child |
|
|
during the school day by a private school. |
|
|
(b) Expenses allowed under Subsection (a) do not include |
|
|
expenses for: |
|
|
(1) consumable supplies, including paper, pens, |
|
|
pencils, folders, and notebooks; |
|
|
(2) food, other than breakfast or lunch as authorized |
|
|
under Subsection (a)(10); or |
|
|
(3) before-school or after-school child care and child |
|
|
care during school holidays and vacations. |
|
|
(c) An education service provider or vendor of educational |
|
|
products must provide a program participant with a receipt for each |
|
|
expense allowed under Subsection (a) charged by the provider or |
|
|
vendor to the participant. |
|
|
(d) The content, subject to Section 29.364(c), or religious |
|
|
nature of a product or service may not be considered in determining |
|
|
whether a payment for the product or service is an expense allowed |
|
|
under Subsection (a). |
|
|
(e) A finding that a program participant used funds |
|
|
distributed under the program to pay for an expense not allowed |
|
|
under Subsection (a) does not affect the validity of any payment |
|
|
made by the participant for an expense that is allowed under that |
|
|
subsection. |
|
|
Sec. 29.358. AMOUNT OF PAYMENT; FINANCING. (a) A parent |
|
|
of an eligible child shall receive each year that the child |
|
|
participates in the program a payment from the state to the child's |
|
|
account in an amount that is equal to 90 percent of the state |
|
|
average maintenance and operations expenditures per student for the |
|
|
preceding state fiscal year. |
|
|
(b) In addition to any funding the district receives under |
|
|
Chapter 42, for each child participating in the program, the school |
|
|
district the child would otherwise attend is entitled to receive |
|
|
for the first year in which the child participates in the program an |
|
|
amount equal to five percent of the state average maintenance and |
|
|
operations expenditures per student for the preceding state fiscal |
|
|
year. |
|
|
(c) For the first year a child participates in the program, |
|
|
the child is included in the weighted average daily attendance of |
|
|
the school district the child would otherwise attend for purposes |
|
|
of determining the district's equalized wealth level under Chapter |
|
|
41. |
|
|
(d) Any funds remaining in a child's account at the end of a |
|
|
fiscal year are carried forward to the next fiscal year unless |
|
|
another provision of this subchapter mandates the closure of the |
|
|
account. |
|
|
(e) The parent of a child participating in the program may |
|
|
make payments for the expenses of educational programs, services, |
|
|
and products not covered by funds in the child's account. |
|
|
(f) A payment under Subsection (a) may not be financed using |
|
|
federal funds or money appropriated from the permanent school fund |
|
|
or the available school fund. |
|
|
Sec. 29.359. ADMINISTRATION OF ACCOUNTS. (a) The |
|
|
comptroller may contract with one or more financial institutions to |
|
|
establish and manage an account for each child participating in the |
|
|
program. A program participant must be able to access the |
|
|
participant's account by using an online or electronic transfer |
|
|
payment service. |
|
|
(b) The comptroller shall make quarterly payments to each |
|
|
program participant's account in equal amounts, with the first |
|
|
payment for each school year made on September 1 and the remaining |
|
|
payments made on or before the 15th day of November, February, and |
|
|
May. |
|
|
(c) The comptroller may deduct an amount from each quarterly |
|
|
payment to a program participant's account to cover the |
|
|
comptroller's cost of administering the program. The amount |
|
|
deducted may not exceed five percent of the payment. |
|
|
(d) Not later than 30 days after the end of each fiscal year, |
|
|
the comptroller shall reconcile payments made to and from all |
|
|
accounts under the program. |
|
|
(e) On the date on which a child who participated in the |
|
|
program is no longer eligible to participate in the program under |
|
|
Section 29.354(b), the child's account is closed and any remaining |
|
|
funds are returned to the state for deposit in the education savings |
|
|
account program fund. |
|
|
(f) The comptroller may contract with a private entity to |
|
|
administer all or any part of the program. |
|
|
Sec. 29.360. RANDOM AUDITING OF ACCOUNTS. (a) The |
|
|
comptroller shall contract with a private entity to randomly audit |
|
|
accounts as necessary to ensure compliance with applicable law and |
|
|
the requirements of the program. |
|
|
(b) In auditing an account, the comptroller or private |
|
|
entity may require that a program participant provide further |
|
|
information and documentation regarding any payment from the |
|
|
participant's account. |
|
|
(c) The private entity shall report to the comptroller any |
|
|
violation of this subchapter or other relevant law found by the |
|
|
entity during an audit conducted under this section. |
|
|
Sec. 29.361. SUSPENSION OF ACCOUNT. (a) The comptroller |
|
|
shall suspend the account of a program participant who fails to |
|
|
comply with applicable law or a requirement of the program, |
|
|
including a requirement under Section 29.356(a), or who |
|
|
substantially misuses funds received under the program. |
|
|
(b) On suspension of an account under Subsection (a), the |
|
|
comptroller shall notify the program participant in writing that |
|
|
the account has been suspended and that no further payments may be |
|
|
made from the account. The notification must specify the grounds |
|
|
for the suspension and state that the participant has 10 business |
|
|
days to respond and take any corrective action required by the |
|
|
comptroller. |
|
|
(c) On the expiration of the 10-day period under Subsection |
|
|
(b), the comptroller shall: |
|
|
(1) order permanent closure of the suspended account |
|
|
and declare the program participant ineligible for the program; |
|
|
(2) order temporary reinstatement of the account, |
|
|
conditioned on the performance of a specified action by the |
|
|
participant; or |
|
|
(3) order full reinstatement of the account. |
|
|
(d) The comptroller may recover funds distributed under the |
|
|
program that were used for expenses not allowed under Section |
|
|
29.357(a) from the program participant or the entity that received |
|
|
the funds if the participant's account is suspended or closed under |
|
|
this section. |
|
|
Sec. 29.362. TUITION AND FEES; REFUND PROHIBITED. (a) An |
|
|
education service provider may not charge a child participating in |
|
|
the program an amount greater than the standard amount charged for |
|
|
that service by the provider. |
|
|
(b) An education service provider or a vendor of educational |
|
|
products receiving funds distributed under the program may not in |
|
|
any manner rebate, refund, or credit to or share with a program |
|
|
participant, or any person on behalf of a participant, any program |
|
|
funds paid or owed by the participant to the provider or vendor. |
|
|
Sec. 29.363. REFERRAL TO ATTORNEY GENERAL. (a) If the |
|
|
comptroller obtains evidence of fraudulent use of an account, the |
|
|
comptroller may refer the case to the attorney general for |
|
|
investigation. |
|
|
(b) With the consent of the appropriate local county or |
|
|
district attorney, the attorney general has concurrent |
|
|
jurisdiction with the consenting local prosecutor to prosecute an |
|
|
offense referred to the attorney general under Subsection (a). |
|
|
Sec. 29.364. PROVIDER ACCOUNTABILITY. (a) To receive |
|
|
funds distributed under the program, a private school must be |
|
|
accredited by an organization that is recognized by the Texas |
|
|
Private School Accreditation Commission. |
|
|
(b) A practitioner or provider who provides educational |
|
|
therapies or services must be licensed or accredited by a regional |
|
|
or national accrediting organization to receive funds distributed |
|
|
under the program. |
|
|
(c) A private tutor, teaching service, or online |
|
|
educational course or program provider must apply to and be |
|
|
approved by the commissioner to receive funds distributed under the |
|
|
program. |
|
|
(d) To be eligible for approval under Subsection (c), a |
|
|
private tutor or each employee of a teaching service who intends to |
|
|
provide educational services to a program participant must: |
|
|
(1) be a teacher who: |
|
|
(A) is certified under Subchapter B, Chapter 21; |
|
|
(B) holds a National Board Certification issued |
|
|
by the National Board for Professional Teaching Standards; or |
|
|
(C) has experience teaching at an institution of |
|
|
higher education or private or independent institution of higher |
|
|
education; and |
|
|
(2) either: |
|
|
(A) complete a national criminal history record |
|
|
information review; or |
|
|
(B) provide to the commissioner documentation |
|
|
indicating that the tutor or employee, as applicable, has completed |
|
|
a national criminal history record information review within a |
|
|
period established by commissioner rule. |
|
|
(e) The commissioner shall review the national criminal |
|
|
history record information or documentation for each private tutor |
|
|
or teaching service who submits an application under Subsection |
|
|
(c). The tutor or teaching service must provide the commissioner |
|
|
with any information requested by the commissioner to enable the |
|
|
commissioner to complete the review. |
|
|
(f) The commissioner shall maintain and provide to the |
|
|
comptroller a list of private tutors, teaching services, and online |
|
|
educational courses or program providers approved to receive funds |
|
|
distributed under the program. The comptroller shall post the list |
|
|
on the comptroller's Internet website. |
|
|
(g) A private tutor, teaching service, or online |
|
|
educational course or program provider may appeal to the |
|
|
comptroller the commissioner's rejection of an application |
|
|
submitted under Subsection (c). |
|
|
(h) The commissioner may adopt rules necessary to exercise |
|
|
the commissioner's powers and duties under this section. |
|
|
Sec. 29.365. PROGRAM PARTICIPANT, PROVIDER, AND VENDOR |
|
|
AUTONOMY. (a) An education service provider or vendor of |
|
|
educational products that receives funds distributed under the |
|
|
program is not an agent of the state or federal government. |
|
|
(b) Except as provided by this subchapter, the comptroller, |
|
|
the commissioner, the agency, the State Board of Education, any |
|
|
other state agency, or any school district may not: |
|
|
(1) regulate the educational program of an education |
|
|
service provider or vendor of educational products that receives |
|
|
funds distributed under the program; or |
|
|
(2) exercise control or supervision over a program |
|
|
participant or an education service provider or vendor of |
|
|
educational products that receives funds distributed under the |
|
|
program. |
|
|
(c) The program does not expand the regulatory authority of |
|
|
the state or any school district to impose any additional |
|
|
regulation on an education service provider or vendor of |
|
|
educational products except those reasonably necessary to enforce |
|
|
the program as provided by this subchapter. |
|
|
(d) A private school may not be required to modify the |
|
|
school's creed, practices, admissions policies, curriculum, |
|
|
performance standards, or assessments to receive funds distributed |
|
|
under the program. |
|
|
(e) A private school voluntarily selected by a parent for |
|
|
the parent's child to attend, with or without governmental |
|
|
assistance, may not be required to comply with any state law or rule |
|
|
governing the applicable educational program that was not in effect |
|
|
on January 1, 2017. |
|
|
(f) In any proceeding challenging a rule adopted by a state |
|
|
agency or officer under this subchapter, the agency or officer has |
|
|
the burden of proof to establish that the rule: |
|
|
(1) is necessary to implement or enforce the program |
|
|
as provided by this subchapter; and |
|
|
(2) does not impose an undue burden on a program |
|
|
participant or an education service provider or vendor of |
|
|
educational products that receives or seeks to receive funds |
|
|
distributed under the program. |
|
|
Sec. 29.366. STUDENT RECORDS AND INFORMATION. (a) On |
|
|
request by the parent of a child participating in the program, the |
|
|
school district or open-enrollment charter school that the child |
|
|
would otherwise attend shall provide a copy of the child's school |
|
|
records possessed by the district or school, if any, to the child's |
|
|
parent or, if applicable, the private school the child attends. |
|
|
(b) The agency shall provide to the comptroller any |
|
|
information available to the agency requested by the comptroller |
|
|
regarding a child who participates or seeks to participate in the |
|
|
program. The comptroller may not retain information provided under |
|
|
this subsection beyond the period necessary to determine: |
|
|
(1) a child's eligibility to participate in the |
|
|
program; or |
|
|
(2) the amount of a payment to a program participant's |
|
|
account under Section 29.358. |
|
|
Sec. 29.367. REPORTING NUMBER OF PARTICIPANTS. (a) Not |
|
|
later than October 1 of each year, the comptroller shall notify the |
|
|
commissioner and the Legislative Budget Board of the number of |
|
|
eligible children likely to participate in the program, |
|
|
disaggregated by the school district or open-enrollment charter |
|
|
school the eligible children would otherwise attend. |
|
|
(b) Not later than March 1 of each year, the comptroller |
|
|
shall provide final information to the commissioner and the |
|
|
Legislative Budget Board regarding the number of children |
|
|
participating in the program, disaggregated in the same manner as |
|
|
the initial information under Subsection (a). |
|
|
Sec. 29.368. ANNUAL SURVEY. The comptroller may conduct an |
|
|
annual parental satisfaction survey that asks each parent of a |
|
|
child participating in the program to express: |
|
|
(1) the parent's overall level of satisfaction with |
|
|
the program; and |
|
|
(2) the parent's opinion on specified topics and |
|
|
issues relevant to the effectiveness of the program. |
|
|
Sec. 29.369. PARENT REVIEW COMMITTEE. (a) A parent review |
|
|
committee is established to assist the comptroller, at the |
|
|
comptroller's request, in: |
|
|
(1) determining whether certain expenses are allowed |
|
|
under Section 29.357; and |
|
|
(2) reviewing an appeal of the commissioner's decision |
|
|
to reject an application of a private tutor, teaching service, or |
|
|
online educational course or program provider for approval under |
|
|
Section 29.364 to receive funds distributed under the program. |
|
|
(b) The committee consists of the comptroller, or a |
|
|
representative designated by the comptroller, and eight members |
|
|
appointed by the comptroller. Each appointed member must be a |
|
|
parent of a child participating in the program. In making |
|
|
appointments to the committee, the comptroller shall ensure that |
|
|
parents from at least four counties are included. |
|
|
(c) An appointed member of the committee serves a one-year |
|
|
term at the pleasure of the comptroller and may be reappointed. |
|
|
(d) The comptroller or the representative designated by the |
|
|
comptroller, as applicable, is the chair of the committee and may |
|
|
vote on a matter before the committee only if there is a tie. |
|
|
Sec. 29.370. RULES. The comptroller shall: |
|
|
(1) adopt rules as necessary to implement this |
|
|
subchapter, including: |
|
|
(A) rules regarding expense reporting |
|
|
requirements for program participants; and |
|
|
(B) rules for implementing this subchapter in a |
|
|
manner that ensures compliance with federal law regarding |
|
|
confidentiality of student educational information, including the |
|
|
Family Educational Rights and Privacy Act of 1974 (20 U.S.C. |
|
|
Section 1232g); and |
|
|
(2) coordinate as necessary to: |
|
|
(A) calculate annually the savings to the state |
|
|
from the implementation of the program; and |
|
|
(B) prevent fraud in financial transactions |
|
|
under the program, including by adopting measures to permit |
|
|
anonymous fraud reporting by telephone hotline or online |
|
|
communication. |
|
|
Sec. 29.371. GIFTS, GRANTS, AND DONATIONS. The comptroller |
|
|
may solicit and accept gifts, grants, and donations from any public |
|
|
or private source for any expenses related to the administration of |
|
|
the program, including the initial implementation of the program. |
|
|
Sec. 29.372. DYSLEXIA ALLOTMENT SET-ASIDE. (a) Each year, |
|
|
for each child participating in the program, the agency shall set |
|
|
aside a percentage of the state average maintenance and operations |
|
|
expenditures per student for the preceding state fiscal year in an |
|
|
amount equal to: |
|
|
(1) for the first year the child participates in the |
|
|
program, five percent; and |
|
|
(2) in each subsequent year the child participates in |
|
|
the program, 10 percent. |
|
|
(b) The amounts set aside under Subsection (a) may be used |
|
|
only for purposes of funding the special allotment for students |
|
|
with dyslexia or a related disorder under Section 42.1561. |
|
|
SECTION 8. Sections 29.918(a) and (b), Education Code, are |
|
|
amended to read as follows: |
|
|
(a) Notwithstanding Section [39.234 or] 42.152, a school |
|
|
district or open-enrollment charter school with a high dropout |
|
|
rate, as determined by the commissioner, must submit a plan to the |
|
|
commissioner describing the manner in which the district or charter |
|
|
school intends to use the compensatory education allotment under |
|
|
Section 42.152 [and the high school allotment under Section 42.160] |
|
|
for developing and implementing research-based strategies for |
|
|
dropout prevention. The district or charter school shall submit |
|
|
the plan not later than December 1 of each school year preceding the |
|
|
school year in which the district or charter school will receive the |
|
|
compensatory education allotment [or high school allotment] to |
|
|
which the plan applies. |
|
|
(b) A school district or open-enrollment charter school to |
|
|
which this section applies may not spend or obligate more than 25 |
|
|
percent of the district's or charter school's compensatory |
|
|
education allotment [or high school allotment] unless the |
|
|
commissioner approves the plan submitted under Subsection |
|
|
(a). The commissioner shall complete an initial review of the |
|
|
district's or charter school's plan not later than March 1 of the |
|
|
school year preceding the school year in which the district or |
|
|
charter school will receive the compensatory education allotment |
|
|
[or high school allotment] to which the plan applies. |
|
|
SECTION 9. Subchapter C, Chapter 30, Education Code, is |
|
|
amended by adding Section 30.0561 to read as follows: |
|
|
Sec. 30.0561. TRANSPORTATION ALLOTMENT. The Texas School |
|
|
for the Deaf is entitled to a transportation allotment paid from the |
|
|
foundation school fund. The commissioner shall determine the |
|
|
appropriate allotment. |
|
|
SECTION 10. Section 30.087(c), Education Code, is amended |
|
|
to read as follows: |
|
|
(c) A school district may receive an allotment paid from the |
|
|
foundation school fund for transportation of students |
|
|
participating in a regional day school program, as determined by |
|
|
the commissioner [in the same manner as an allotment for the
|
|
|
transportation of other special education students]. |
|
|
SECTION 11. Section 34.002(c), Education Code, is amended |
|
|
to read as follows: |
|
|
(c) The commissioner shall reduce the basic allotment |
|
|
provided under Section 42.101 for each student in average daily |
|
|
attendance by $125 for a [A] school district that fails or refuses |
|
|
to meet the safety standards for school buses established under |
|
|
this section [is ineligible to share in the transportation
|
|
|
allotment under Section 42.155] until the first anniversary of the |
|
|
date the district begins complying with the safety standards. |
|
|
SECTION 12. Section 34.007, Education Code, is amended by |
|
|
adding Subsection (c) to read as follows: |
|
|
(c) A county transportation system is not entitled to |
|
|
receive funding for transportation costs directly from the state. |
|
|
Funding for a county transportation system is provided by each |
|
|
school district participating in the county transportation system |
|
|
in accordance with the terms of the interlocal contract under |
|
|
Chapter 791, Government Code, under which the county provides |
|
|
transportation services for the participating districts. |
|
|
SECTION 13. Section 39.0233(a), Education Code, is amended |
|
|
to read as follows: |
|
|
(a) The agency, in coordination with the Texas Higher |
|
|
Education Coordinating Board, shall adopt a series of questions to |
|
|
be included in an end-of-course assessment instrument administered |
|
|
under Section 39.023(c) to be used for purposes of Section 51.3062. |
|
|
The questions adopted under this subsection must be developed in a |
|
|
manner consistent with any college readiness standards adopted |
|
|
under Section [Sections 39.233 and] 51.3062. |
|
|
SECTION 14. Section 41.099(a), Education Code, is amended |
|
|
to read as follows: |
|
|
(a) Sections [41.002(e),] 41.094, 41.097, and 41.098 apply |
|
|
only to a district that: |
|
|
(1) executes an agreement to purchase all attendance |
|
|
credits necessary to reduce the district's wealth per student to |
|
|
the equalized wealth level; |
|
|
(2) executes an agreement to purchase attendance |
|
|
credits and an agreement under Subchapter E to contract for the |
|
|
education of nonresident students who transfer to and are educated |
|
|
in the district but who are not charged tuition; or |
|
|
(3) executes an agreement under Subchapter E to |
|
|
contract for the education of nonresident students: |
|
|
(A) to an extent that does not provide more than |
|
|
10 percent of the reduction in wealth per student required for the |
|
|
district to achieve a wealth per student that is equal to or less |
|
|
than the equalized wealth level; and |
|
|
(B) under which all revenue paid by the district |
|
|
to other districts, in excess of the reduction in state aid that |
|
|
results from counting the weighted average daily attendance of the |
|
|
students served in the contracting district, is required to be used |
|
|
for funding a consortium of at least three districts in a county |
|
|
with a population of less than 40,000 that is formed to support a |
|
|
technology initiative. |
|
|
SECTION 15. Section 41.257, Education Code, is amended to |
|
|
read as follows: |
|
|
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 |
|
|
or[,] 42.105[, or 42.155] would have applied in the event that the |
|
|
consolidated district still qualifies as a small or sparse |
|
|
district. |
|
|
SECTION 16. Section 42.006(a-1), Education Code, is amended |
|
|
to read as follows: |
|
|
(a-1) The commissioner by rule shall require each 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 or related disorders. The |
|
|
agency shall maintain the information provided in accordance with |
|
|
this subsection. |
|
|
SECTION 17. Section 42.101(a), Education Code, is 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 |
|
|
settings, [or] career and technology education programs, or |
|
|
technology applications courses approved for high school credit, |
|
|
for which an additional allotment is made under Subchapter C, a |
|
|
district is entitled to an allotment equal to the lesser of $5,140 |
|
|
[$4,765] or the amount that results from the following formula: |
|
|
A = $5,140 [$4,765] X (DCR/MCR) |
|
|
where: |
|
|
"A" is the allotment to which a district is entitled; |
|
|
"DCR" is the district's compressed tax rate, which is the |
|
|
product of the state compression percentage, as determined under |
|
|
Section 42.2516, multiplied by the maintenance and operations tax |
|
|
rate adopted by the district for the 2005 tax year; and |
|
|
"MCR" is the state maximum compressed tax rate, which is the |
|
|
product of the state compression percentage, as determined under |
|
|
Section 42.2516, multiplied by $1.50. |
|
|
SECTION 18. Section 42.102, Education Code, is amended by |
|
|
adding Subsection (c) to read as follows: |
|
|
(c) Based on a statistical analysis conducted by the |
|
|
Legislative Budget Board to determine for each school district the |
|
|
current geographic variation in known resource costs and costs of |
|
|
education due to factors beyond the control of the district, the |
|
|
commissioner shall update the cost of education index used for |
|
|
purposes of this section during the 2016-2017 school year. The |
|
|
commissioner periodically may request more current statistical |
|
|
analysis from the Legislative Budget Board and further update as |
|
|
needed the cost of education index. |
|
|
SECTION 19. Effective September 1, 2023, Sections 42.103(b) |
|
|
and (d), Education Code, are amended to read as follows: |
|
|
(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 ABA |
|
|
(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), if [or (c) for
|
|
|
which] the district is eligible for that formula; or |
|
|
(2) AA = (1 + ((5,000 - ADA) X .000025)) X ABA. |
|
|
SECTION 20. Effective September 1, 2018, Section 42.103(c), |
|
|
Education Code, is amended to read as follows: |
|
|
(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 following |
|
|
formulas [formula]: |
|
|
(1) for the fiscal year beginning September 1, 2018: |
|
|
AA = (1 + ((1,600 - ADA) X .000275 [.00025])) X ABA |
|
|
; |
|
|
(2) for the fiscal year beginning September 1, 2019: |
|
|
AA = (1 + ((1,600 - ADA) X .00030)) X ABA |
|
|
; |
|
|
(3) for the fiscal year beginning September 1, 2020: |
|
|
AA = (1 + ((1,600 - ADA) X .000325)) X ABA |
|
|
; |
|
|
(4) for the fiscal year beginning September 1, 2021: |
|
|
AA = (1 + ((1,600 - ADA) X .00035)) X ABA |
|
|
; and |
|
|
(5) for the fiscal year beginning September 1, 2022: |
|
|
AA = (1 + ((1,600 - ADA) X .000375)) X ABA |
|
|
SECTION 21. Subchapter B, Chapter 42, Education Code, is |
|
|
amended by adding Section 42.1041 to read as follows: |
|
|
Sec. 42.1041. INELIGIBILITY FOR SMALL OR MID-SIZED DISTRICT |
|
|
ADJUSTMENT OR SPARSITY ADJUSTMENT. (a) This section applies only |
|
|
to a school district that: |
|
|
(1) borders the Red River; and |
|
|
(2) has a student enrollment of less than 90, with more |
|
|
than 50 percent of the enrollment consisting of students who have |
|
|
transferred from another school district. |
|
|
(b) Notwithstanding Section 42.103, 42.104, or 42.105, a |
|
|
school district to which this section applies is ineligible for an |
|
|
adjustment under Section 42.103 or 42.105 for any school year |
|
|
during which the district: |
|
|
(1) issues bonds for the construction of a new |
|
|
instructional facility on property more than five miles from a |
|
|
property that before the issuance of the bonds was owned by the |
|
|
district and was the location of an instructional facility for the |
|
|
previous five years; or |
|
|
(2) makes payments on bonds described by Subdivision |
|
|
(1). |
|
|
SECTION 22. Subchapter B, Chapter 42, Education Code, is |
|
|
amended by adding Section 42.107 to read as follows: |
|
|
Sec. 42.107. SPECIAL-PURPOSE SCHOOL DISTRICTS OPERATED BY |
|
|
GENERAL ACADEMIC TEACHING INSTITUTIONS. (a) In each fiscal year of |
|
|
the biennium, the commissioner shall allocate funding from the |
|
|
foundation school program to each special-purpose school district |
|
|
established under Section 11.351 that is operated by a general |
|
|
academic teaching institution as defined by Section 61.003, in an |
|
|
amount equivalent to the basic allotment in Section 42.101(a) |
|
|
multiplied by the number of full-time equivalent students who are |
|
|
enrolled in the school district and who reside in this state. |
|
|
(b) In allocating funding to special-purpose school |
|
|
districts under this section, the commissioner shall use a payment |
|
|
schedule consistent with the payment schedule adopted for |
|
|
open-enrollment charter schools. |
|
|
(c) A special-purpose school district that receives state |
|
|
funding for a resident student under this section may not charge |
|
|
tuition or fees to that student for the academic term for which |
|
|
state funding is received, other than fees permitted under Section |
|
|
11.158. |
|
|
(d) A special-purpose school district may elect not to |
|
|
receive state funding under this section. |
|
|
SECTION 23. Section 42.151(h), Education Code, is amended |
|
|
to read as follows: |
|
|
(h) Funds allocated under this section, other than an |
|
|
indirect cost allotment established under State Board of Education |
|
|
rule or amounts made available for the transportation of special |
|
|
education students, must be used in the special education program |
|
|
under Subchapter A, Chapter 29. |
|
|
SECTION 24. 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 basic allotment multiplied by 0.11 [0.1]. |
|
|
SECTION 25. The heading to Section 42.154, Education Code, |
|
|
is amended to read as follows: |
|
|
Sec. 42.154. CAREER AND TECHNOLOGY EDUCATION AND TECHNOLOGY |
|
|
APPLICATIONS ALLOTMENT. |
|
|
SECTION 26. Sections 42.154(a), (b), (c), and (e), |
|
|
Education Code, are 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 eight [nine] through 12, in a technology applications |
|
|
course approved for high school credit, 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 basic |
|
|
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. |
|
|
(b) In this section, "full-time equivalent student" means |
|
|
30 hours of contact a week between a student and career and |
|
|
technology education program or technology applications personnel. |
|
|
(c) Funds allocated under this section, other than an |
|
|
indirect cost allotment established under State Board of Education |
|
|
rule or amounts made available for the transportation of career and |
|
|
technology education students, must be used in providing career and |
|
|
technology education programs in grades eight [nine] through 12, |
|
|
technology applications courses approved for high school credit, or |
|
|
career and technology education programs for students with |
|
|
disabilities in grades seven through 12 under Sections 29.182, |
|
|
29.183, and 29.184. |
|
|
(e) Out of the total statewide allotment [for career and
|
|
|
technology education] under this section, the commissioner shall |
|
|
set aside an amount specified in the General Appropriations Act, |
|
|
which may not exceed an amount equal to one percent of the total |
|
|
amount appropriated, to support regional career and technology |
|
|
education planning. After deducting the amount set aside under |
|
|
this subsection from the total amount appropriated for career and |
|
|
technology education and technology applications under this |
|
|
section, the commissioner shall reduce each district's tier one |
|
|
allotments in the same manner described for a reduction in |
|
|
allotments under Section 42.253. |
|
|
SECTION 27. Section 42.1541(a), Education Code, is amended |
|
|
to read as follows: |
|
|
(a) For the 2017-2018 and subsequent school years, the [The] |
|
|
State Board of Education shall by rule revise [increase] the |
|
|
indirect cost allotments established under Sections 42.151(h), |
|
|
42.152(c), 42.153(b), and 42.154(c) [42.154(a-1) and (c)] and in |
|
|
effect for the 2016-2017 [2010-2011] school year to reflect any |
|
|
increase in the percentage of total maintenance and operations |
|
|
funding represented by the basic allotment [in proportion to the
|
|
|
average percentage reduction in total state and local maintenance
|
|
|
and operations revenue provided under this chapter for the
|
|
|
2011-2012 school year] as a result of [S.B. Nos. 1 and 2,] Acts of |
|
|
the 85th [82nd] Legislature, Regular [1st Called] Session, 2017 |
|
|
[2011]. |
|
|
SECTION 28. Subchapter C, Chapter 42, Education Code, is |
|
|
amended by adding Section 42.1561 to read as follows: |
|
|
Sec. 42.1561. ALLOTMENT FOR STUDENT WITH DYSLEXIA OR |
|
|
RELATED DISORDER. (a) Subject to Subsection (b), for each student |
|
|
that a school district serves who has been identified as having |
|
|
dyslexia or a related disorder, the district is entitled to an |
|
|
annual allotment equal to the district's adjusted basic allotment |
|
|
as determined under Section 42.102 or Section 42.103, as |
|
|
applicable, multiplied by 0.1 for each school year or a greater |
|
|
amount provided by appropriation. |
|
|
(b) A school district is entitled to the allotment under |
|
|
Subsection (a) only for a student who: |
|
|
(1) is receiving instruction that: |
|
|
(A) meets applicable dyslexia program criteria |
|
|
established by the agency; and |
|
|
(B) is provided by a person with specific |
|
|
training in providing that instruction; or |
|
|
(2) has received the instruction described by |
|
|
Subdivision (1) and is permitted, on the basis of having dyslexia or |
|
|
a related disorder, to use modifications in the classroom and |
|
|
accommodations in the administration of assessment instruments |
|
|
under Section 39.023. |
|
|
(c) Funds allotted under this section must be used in |
|
|
providing services to students with dyslexia or related disorders. |
|
|
(d) A school district may receive funding for a student |
|
|
under this section and Section 42.151 if the student satisfies the |
|
|
requirements of both sections. |
|
|
(e) Not more than five percent of a district's students in |
|
|
average daily attendance are eligible for funding under this |
|
|
section. |
|
|
SECTION 29. Sections 42.158(b), (d-1), and (g), Education |
|
|
Code, are amended to read as follows: |
|
|
(b) For the first school year in which students attend a new |
|
|
instructional facility, a school district is entitled to an |
|
|
allotment of $1,000 [$250] for each student in average daily |
|
|
attendance at the facility. For the second school year in which |
|
|
students attend that instructional facility, a school district is |
|
|
entitled to an allotment of $1,000 [$250] for each additional |
|
|
student in average daily attendance at the facility. |
|
|
(d-1) In addition to the appropriation amount described by |
|
|
Subsection (d), the amount of $1 million may be appropriated each |
|
|
school year to supplement the allotment to which a school district |
|
|
is entitled under this section that may be provided using the |
|
|
appropriation amount described by Subsection (d). The commissioner |
|
|
shall first apply the funds appropriated under this subsection to |
|
|
prevent any reduction under Subsection (d) in the allotment for |
|
|
attendance at an eligible high school instructional facility, |
|
|
subject to the maximum amount of $1,000 [$250] for each student in |
|
|
average daily attendance. Any funds remaining after preventing all |
|
|
reductions in amounts due for high school instructional facilities |
|
|
may be applied proportionally to all other eligible instructional |
|
|
facilities, subject to the maximum amount of $1,000 [$250] for each |
|
|
student in average daily attendance. |
|
|
(g) In this section: |
|
|
(1) "Instructional[, "instructional] facility" has |
|
|
the meaning assigned by Section 46.001. |
|
|
(2) "New instructional facility" includes: |
|
|
(A) a newly constructed instructional facility; |
|
|
(B) a repurposed instructional facility; and |
|
|
(C) a leased facility operating for the first |
|
|
time as an instructional facility with a minimum lease term of not |
|
|
less than 10 years. |
|
|
SECTION 30. Section 42.2518(a), Education Code, as |
|
|
effective September 1, 2017, is amended to read as follows: |
|
|
(a) Beginning with the 2017-2018 school year, a school |
|
|
district is entitled to additional state aid to the extent that |
|
|
state and local revenue under this chapter and Chapter 41 is less |
|
|
than the state and local revenue that would have been available to |
|
|
the district under Chapter 41 and this chapter as those chapters |
|
|
existed on September 1, 2015, excluding any state aid or adjustment |
|
|
in wealth per student that would have been provided under former |
|
|
Section 41.002(e)-(g), 42.155, 42.160, 42.2513, or 42.2516, if the |
|
|
increase in the residence homestead exemption under Section 1-b(c), |
|
|
Article VIII, Texas Constitution, and the additional limitation on |
|
|
tax increases under Section 1-b(d) of that article as proposed by |
|
|
S.J.R. 1, 84th Legislature, Regular Session, 2015, had not |
|
|
occurred. |
|
|
SECTION 31. Section 42.253, Education Code, is amended by |
|
|
adding Subsection (b-1) to read as follows: |
|
|
(b-1) Notwithstanding Subsection (b), the commissioner |
|
|
shall adjust enrollment estimates and entitlement for each school |
|
|
district for each school year based on information provided by the |
|
|
comptroller under Section 29.367. This subsection expires |
|
|
September 1, 2021. |
|
|
SECTION 32. Subchapter E, Chapter 42, Education Code, is |
|
|
amended by adding Section 42.2541 to read as follows: |
|
|
Sec. 42.2541. ESTIMATED PROJECTIONS. (a) In this section, |
|
|
"equivalent equalized wealth level" means an equalized wealth level |
|
|
for a state fiscal biennium that results in approximately the same |
|
|
number of school districts that are required to take action under |
|
|
Chapter 41 to reduce wealth as the number of school districts that |
|
|
were required to take that action during the preceding state fiscal |
|
|
biennium. |
|
|
(b) Not later than November 1 of each even-numbered year, |
|
|
the agency shall: |
|
|
(1) submit to the legislature a projection for an |
|
|
equivalent equalized wealth level for the following biennium based |
|
|
on the agency's estimate of: |
|
|
(A) student enrollment under Section |
|
|
42.254(a)(1); |
|
|
(B) the comptroller's estimate of any increase in |
|
|
total taxable value of all property in the state under Section |
|
|
42.254(a)(2); |
|
|
(C) the number of school districts offering a |
|
|
local optional residence homestead exemption under Section |
|
|
11.13(n), Tax Code; |
|
|
(D) the number of school districts adopting a tax |
|
|
rate below the maximum tier one tax rate determined under Section |
|
|
42.252; |
|
|
(E) the projected amount of maintenance and |
|
|
operations tax revenue per student in weighted average daily |
|
|
attendance of the Austin Independent School District; and |
|
|
(F) the number of school districts adopting a |
|
|
maintenance and operations tax rate of $1.17; and |
|
|
(2) provide projections for the equalized funding |
|
|
elements under Section 42.007 for the following biennium as |
|
|
necessary to achieve the equivalent equalized wealth level |
|
|
projected under Subdivision (1). |
|
|
SECTION 33. 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, any allotment] under Section |
|
|
42.158 [or 42.160,] and 50 percent of the adjustment under Section |
|
|
42.102, by the basic allotment for the applicable year; |
|
|
"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 34. Chapter 42, Education Code, is amended by |
|
|
adding Subchapter H to read as follows: |
|
|
SUBCHAPTER H. FINANCIAL HARDSHIP TRANSITION PROGRAM |
|
|
Sec. 42.451. FINANCIAL HARDSHIP GRANTS. (a) From amounts |
|
|
appropriated for this subchapter, the commissioner may administer a |
|
|
grant program that provides grants to school districts to defray |
|
|
financial hardships resulting from changes made to Chapter 41 and |
|
|
this chapter that apply after the 2016-2017 school year. |
|
|
(b) The commissioner shall award grants under this |
|
|
subchapter to districts as provided by Section 42.452. |
|
|
(c) Except as provided by Subsection (d), funding provided |
|
|
to a district under this subchapter is in addition to all other |
|
|
funding provided under Chapter 41 and this chapter. |
|
|
(d) A district is not eligible for funding under this |
|
|
subchapter for a school year if the district receives for that |
|
|
school year an adjustment of the district's taxable value of |
|
|
property under Section 42.2521. A district may decline an |
|
|
adjustment under Section 42.2521 to maintain eligibility for |
|
|
funding under this subchapter. |
|
|
(e) The commissioner may obtain additional information as |
|
|
needed from a district or other state or local agency to make |
|
|
determinations in awarding grants under this subchapter. |
|
|
Sec. 42.452. AWARD OF GRANTS; AMOUNT. (a) The commissioner |
|
|
shall award grants to school districts based on the following |
|
|
formula: |
|
|
HG = (PL-CL) X (TR) X (TAHG/TEHG) |
|
|
where: |
|
|
"HG" is the amount of a district's hardship grant; |
|
|
"PL" is the amount of funding under previous law to which a |
|
|
district would be entitled under Chapter 41 and this chapter as |
|
|
those chapters existed on January 1, 2017, determined using current |
|
|
school year data for the district; |
|
|
"CL" is the amount of current law funding under Chapter 41 and |
|
|
this chapter to which a district is entitled; |
|
|
"TR" is a district's maintenance and operations tax rate, as |
|
|
specified by the comptroller's most recent certified report; |
|
|
"TAHG" is the total funding available for grants under |
|
|
Section 42.456 for a school year; and |
|
|
"TEHG" is the sum of the combined amounts for all districts |
|
|
calculated by applying the formula (PL-CL) X (TR) for each |
|
|
district. |
|
|
(b) A school district's hardship grant awarded under this |
|
|
subchapter for a school year may not exceed the lesser of: |
|
|
(1) the amount equal to 10 percent of the total amount |
|
|
of funds available for grants under this subchapter for that school |
|
|
year; or |
|
|
(2) the amount by which "PL" exceeds "CL" for that |
|
|
district for that school year. |
|
|
(c) For purposes of calculating the formula under |
|
|
Subsection (a), the commissioner shall: |
|
|
(1) if the value of (PL-CL) for a school district |
|
|
results in a negative number, use zero for the value of (PL-CL); |
|
|
(2) if a school district's maintenance and operations |
|
|
tax rate ("TR") is greater than $1, use $1 for the value of "TR"; |
|
|
(3) use a maintenance and operations tax rate ("TR") |
|
|
of $1 for each open-enrollment charter school, each special-purpose |
|
|
school district established under Subchapter H, Chapter 11, and the |
|
|
South Texas Independent School District; and |
|
|
(4) if (TAHG/TEHG) equals a value greater than one, |
|
|
use a value of one for (TAHG/TEHG). |
|
|
(d) If funds remain available under this subchapter for a |
|
|
school year after determining initial grant amounts under |
|
|
Subsection (a), as adjusted to reflect the limits imposed by |
|
|
Subsection (b), the commissioner shall reapply the formula as |
|
|
necessary to award all available funds. |
|
|
Sec. 42.453. ELIGIBILITY OF OPEN-ENROLLMENT CHARTER |
|
|
SCHOOL. An open-enrollment charter school is eligible for a grant |
|
|
under this subchapter in the same manner as a school district. |
|
|
Sec. 42.454. REGIONAL EDUCATION SERVICE CENTERS AND COUNTY |
|
|
DEPARTMENTS OF EDUCATION NOT ELIGIBLE. A regional education |
|
|
service center or a county department of education is not eligible |
|
|
for a grant under this subchapter. |
|
|
Sec. 42.455. CERTAIN SCHOOL DISTRICTS NOT ELIGIBLE. A |
|
|
school district is not eligible for a grant under this subchapter if |
|
|
for the 2015-2016 school year the district's expenditures per |
|
|
student in average daily attendance, excluding bond debt service |
|
|
payments, capital outlays, and facilities acquisition and |
|
|
construction costs, exceeded an amount that is equal to 110 percent |
|
|
of the state average amount for that school year of expenditures per |
|
|
student in average daily attendance, excluding bond debt service |
|
|
payments, capital outlays, and facilities acquisition and |
|
|
construction costs, as those amounts are determined by the |
|
|
commissioner. |
|
|
Sec. 42.456. FUNDING LIMIT. The amount of grants awarded by |
|
|
the commissioner under this subchapter may not exceed $125 million |
|
|
for the 2017-2018 school year or $34 million for the 2018-2019 |
|
|
school year. |
|
|
Sec. 42.457. NO ADJUSTMENT BASED ON REVISED DATA. The |
|
|
commissioner may not adjust the amount of a school district's grant |
|
|
under this subchapter based on revisions to the district's data |
|
|
received after a grant has been awarded. |
|
|
Sec. 42.458. RULES. The commissioner may adopt rules as |
|
|
necessary to administer this subchapter. |
|
|
Sec. 42.459. DETERMINATION FINAL. A determination by the |
|
|
commissioner under this subchapter is final and may not be |
|
|
appealed. |
|
|
Sec. 42.460. EXPIRATION. This subchapter expires September |
|
|
1, 2019. |
|
|
SECTION 35. Section 411.0901, Government Code, is amended |
|
|
by adding Subsection (a-1) to read as follows: |
|
|
(a-1) The Texas Education Agency is entitled to obtain |
|
|
criminal history record information maintained by the department |
|
|
about a person who is a private tutor or an employee of a teaching |
|
|
service who intends to provide educational services to a child |
|
|
participating in the program established under Subchapter J, |
|
|
Chapter 29, Education Code, and is seeking approval to receive |
|
|
funds distributed under that program. |
|
|
SECTION 36. (a) Effective September 1, 2017, the following |
|
|
provisions of the Education Code are repealed: |
|
|
(1) Section 29.097(g); |
|
|
(2) Section 29.098(e); |
|
|
(3) Section 39.233; |
|
|
(4) Section 39.234; |
|
|
(5) Sections 41.002(e), (f), and (g); |
|
|
(6) Section 42.1541(c); |
|
|
(7) Section 42.155; |
|
|
(8) Section 42.160; |
|
|
(9) Section 42.2513; and |
|
|
(10) Section 42.2517. |
|
|
(b) Effective September 1, 2023, Section 42.103(c), |
|
|
Education Code, is repealed. |
|
|
SECTION 37. (a) The constitutionality and other validity |
|
|
under the state or federal constitution of all or any part of |
|
|
Subchapter J, Chapter 29, Education Code, as added by this Act, may |
|
|
be determined in an action for declaratory judgment in a district |
|
|
court in Travis County under Chapter 37, Civil Practice and |
|
|
Remedies Code, except that this section does not authorize an award |
|
|
of attorney's fees against this state and Section 37.009, Civil |
|
|
Practice and Remedies Code, does not apply to an action filed under |
|
|
this section. |
|
|
(b) An appeal of a declaratory judgment or order, however |
|
|
characterized, of a district court, including an appeal of the |
|
|
judgment of an appellate court, holding or otherwise determining |
|
|
that all or any part of Subchapter J, Chapter 29, Education Code, as |
|
|
added by this Act, is constitutional or unconstitutional, or |
|
|
otherwise valid or invalid, under the state or federal constitution |
|
|
is an accelerated appeal. |
|
|
(c) If the judgment or order is interlocutory, an |
|
|
interlocutory appeal may be taken from the judgment or order and is |
|
|
an accelerated appeal. |
|
|
(d) A district court in Travis County may grant or deny a |
|
|
temporary or otherwise interlocutory injunction or a permanent |
|
|
injunction on the grounds of the constitutionality or |
|
|
unconstitutionality, or other validity or invalidity, under the |
|
|
state or federal constitution of all or any part of Subchapter J, |
|
|
Chapter 29, Education Code, as added by this Act. |
|
|
(e) There is a direct appeal to the Texas Supreme Court from |
|
|
an order, however characterized, of a trial court granting or |
|
|
denying a temporary or otherwise interlocutory injunction or a |
|
|
permanent injunction on the grounds of the constitutionality or |
|
|
unconstitutionality, or other validity or invalidity, under the |
|
|
state or federal constitution of all or any part of Subchapter J, |
|
|
Chapter 29, Education Code, as added by this Act. |
|
|
(f) The direct appeal is an accelerated appeal. |
|
|
(g) This section exercises the authority granted by Section |
|
|
3-b, Article V, Texas Constitution. |
|
|
(h) The filing of a direct appeal under this section will |
|
|
automatically stay any temporary or otherwise interlocutory |
|
|
injunction or permanent injunction granted in accordance with this |
|
|
section pending final determination by the Texas Supreme Court, |
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|
unless the supreme court makes specific findings that the applicant |
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seeking such injunctive relief has pleaded and proved that: |
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|
(1) the applicant has a probable right to the relief it |
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|
seeks on final hearing; and |
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|
(2) the applicant will suffer a probable injury that |
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|
is imminent and irreparable, and that the applicant has no other |
|
|
adequate legal remedy. |
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(i) An appeal under this section, including an |
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|
interlocutory, accelerated, or direct appeal, is governed, as |
|
|
applicable, by the Texas Rules of Appellate Procedure, including |
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|
Rules 25.1(d)(6), 26.1(b), 28.1, 28.3, 32.1(g), 37.3(a)(1), |
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|
38.6(a) and (b), 40.1(b), and 49.4. |
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|
SECTION 38. A school district that is entitled under |
|
|
Section 42.158, Education Code, to receive funding in the 2017-2018 |
|
|
school year for the second year of student attendance at a new |
|
|
instructional facility is entitled for that year to the amount |
|
|
provided for the second year of student attendance as a result of |
|
|
the changes in law made by this Act. |
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|
SECTION 39. Not later than March 1, 2019, the Texas |
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|
Education Agency shall conduct a review of technology applications |
|
|
and career and technology courses for grades 9 through 12 and |
|
|
provide recommendations to the State Board of Education for |
|
|
eliminating duplicative courses while ensuring certifications are |
|
|
aligned with the rigor of each individual course. |
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|
SECTION 40. Subchapter J, Chapter 29, and Section |
|
|
42.253(b-1), Education Code, as added by this Act, and Section |
|
|
411.0901(a-1), Government Code, as added by this Act, apply |
|
|
beginning with the 2018-2019 school year. |
|
|
SECTION 41. The commissioner of education is required to |
|
|
implement this Act only if the legislature appropriates money |
|
|
specifically for that purpose. If the legislature does not |
|
|
appropriate money specifically for that purpose, the commissioner |
|
|
of education may, but is not required to, implement this Act using |
|
|
other appropriations available for the purpose. |
|
|
SECTION 42. Except as otherwise provided by this Act, this |
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|
Act takes effect September 1, 2017. |
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* * * * * |