Texas 2009 - 81st Regular

Texas Senate Bill SB982 Compare Versions

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11 81R3550 CAE-F
22 By: Van de Putte, Eltife, West S.B. No. 982
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to public school finance.
88 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 SECTION 1. Section 21.402(a), Education Code, is amended to
1010 read as follows:
1111 (a) Except as provided by Subsection (d), (e), or (f), a
1212 school district must pay each classroom teacher, full-time
1313 librarian, full-time counselor certified under Subchapter B, or
1414 full-time school nurse not less than the minimum monthly salary,
1515 based on the employee's level of experience in addition to other
1616 factors, as determined by commissioner rule, determined by the
1717 following formula:
1818 MS = SF x FS
1919 where:
2020 "MS" is the minimum monthly salary;
2121 "SF" is the applicable salary factor specified by Subsection
2222 (c); and
2323 "FS" is the amount, as determined by the commissioner under
2424 Subsection (b), of state and local funds per weighted student,
2525 including funds provided under Section 42.2516(b-3)
2626 [42.2516(b)(1)(B), but not funds provided under Section
2727 42.2516(b)(1)(A), (b)(1)(C), (b)(2), or (b)(3)], available to a
2828 district eligible to receive state assistance under Section 42.302
2929 with a maintenance and operations tax rate per $100 of taxable value
3030 equal to the product of the state compression percentage, as
3131 determined under Section 42.2516, multiplied by $1.50, except that
3232 the amount of state and local funds per weighted student does not
3333 include the amount attributable to the increase in the guaranteed
3434 level made by Chapter 1187, Acts of the 77th Legislature, Regular
3535 Session, 2001.
3636 SECTION 2. Sections 29.918(a) and (b), Education Code, are
3737 amended to read as follows:
3838 (a) Notwithstanding Section [39.114 or] 42.152, a school
3939 district or open-enrollment charter school with a high dropout
4040 rate, as determined by the commissioner, must submit a plan to the
4141 commissioner describing the manner in which the district or charter
4242 school intends to use the compensatory education allotment under
4343 Section 42.152 and other funds [the high school allotment under
4444 Section 42.2516(b)(3)] for developing and implementing
4545 research-based strategies for dropout prevention. The district or
4646 charter school shall submit the plan not later than December 1 of
4747 each school year preceding the school year in which the district or
4848 charter school will receive the compensatory education allotment or
4949 other funds [high school allotment] to which the plan applies.
5050 (b) A school district or open-enrollment charter school to
5151 which this section applies may not spend or obligate more than 25
5252 percent of the district's or charter school's compensatory
5353 education allotment [or high school allotment] unless the
5454 commissioner approves the plan submitted under Subsection
5555 (a). The commissioner shall complete an initial review of the
5656 district's or charter school's plan not later than March 1 of the
5757 school year preceding the school year in which the district or
5858 charter school will receive the funds [compensatory education
5959 allotment or high school allotment] to which the plan applies.
6060 SECTION 3. Section 29.919(e), Education Code, is amended to
6161 read as follows:
6262 (e) As a condition of receiving a state grant, a campus must
6363 contribute additional funding for activities provided at the campus
6464 through the program, in an amount equal to at least $100 each school
6565 year for each student in an eligible grade level served through the
6666 program. The additional funding required by this subsection may
6767 consist of local funds, private funds, or state funds other than
6868 grant funds provided under this section. [For program activities
6969 provided at the high school level, the high school allotment
7070 provided under Section 42.2516(b)(3) may be used to meet the
7171 additional funding requirement prescribed by this subsection.]
7272 SECTION 4. The heading to Section 39.114, Education Code,
7373 is amended to read as follows:
7474 Sec. 39.114. SPECIAL HIGH SCHOOL PROGRAMS AND INITIATIVES
7575 [ALLOTMENT].
7676 SECTION 5. Sections 39.114(a) and (d), Education Code, are
7777 amended to read as follows:
7878 (a) A [Except as provided by Subsection (b), a] school
7979 district or campus, including an open-enrollment charter school, is
8080 encouraged to [must] use funds in an amount equal to the amount that
8181 would have been allocated to the district under Section
8282 42.2516(b)(3), as that section existed on January 1, 2009, to:
8383 (1) implement or administer a college readiness
8484 program that provides academic support and instruction to prepare
8585 underachieving students for entrance into an institution of higher
8686 education;
8787 (2) implement or administer a program that encourages
8888 students to pursue advanced academic opportunities, including
8989 early college high school programs and dual credit, advanced
9090 placement, and international baccalaureate courses;
9191 (3) implement or administer a program that provides
9292 opportunities for students to take academically rigorous course
9393 work, including four years of mathematics and four years of science
9494 at the high school level;
9595 (4) implement or administer a program, including
9696 online course support and professional development, that aligns the
9797 curriculum for grades six through 12 with postsecondary curriculum
9898 and expectations; or
9999 (5) implement or administer other high school
100100 completion and success initiatives in grades six through 12
101101 approved by the commissioner.
102102 (d) The commissioner shall adopt rules to administer this
103103 section[, including rules related to the permissible use of funds
104104 allocated under this section to an open-enrollment charter school].
105105 SECTION 6. Section 41.002(a), Education Code, is amended to
106106 read as follows:
107107 (a) A school district may not have a wealth per student that
108108 exceeds:
109109 (1) the wealth per student that generates the amount
110110 of maintenance and operations tax revenue per weighted student per
111111 cent of tax effort available to a district as a result of the
112112 guaranteed level provided by Section 42.302(a-1)(1) [at the 88th
113113 percentile in wealth per student], for the district's maintenance
114114 and operations tax effort equal to or less than the rate equal to
115115 the product of the state compression percentage, as determined
116116 under Section 42.2516, multiplied by the maintenance and operations
117117 tax rate adopted by the district for the 2005 tax year;
118118 (2) the wealth per student that generates the amount
119119 of maintenance and operations tax revenue per weighted student per
120120 cent of tax effort available to a district as a result of the
121121 guaranteed level provided by Section 42.302(a-1)(2) [the Austin
122122 Independent School District, as determined by the commissioner in
123123 cooperation with the Legislative Budget Board], for the first six
124124 cents by which the district's maintenance and operations tax rate
125125 exceeds the rate equal to the product of the state compression
126126 percentage, as determined under Section 42.2516, multiplied by the
127127 maintenance and operations tax rate adopted by the district for the
128128 2005 tax year, subject to Section 41.093(b-1); or
129129 (3) the wealth per student that generates the amount
130130 of maintenance and operations tax revenue per weighted student per
131131 cent of tax effort available to a district as a result of the
132132 guaranteed level provided by Section 42.302(a-1)(3) [$319,500],
133133 for the district's maintenance and operations tax effort that
134134 exceeds the first six cents by which the district's maintenance and
135135 operations tax effort exceeds the rate equal to the product of the
136136 state compression percentage, as determined under Section 42.2516,
137137 multiplied by the maintenance and operations tax rate adopted by
138138 the district for the 2005 tax year.
139139 SECTION 7. Section 41.099(a), Education Code, is amended to
140140 read as follows:
141141 (a) Sections [41.002(e),] 41.094 and [,] 41.097[, and
142142 41.098] apply only to a district that:
143143 (1) executes an agreement to purchase all attendance
144144 credits necessary to reduce the district's wealth per student to
145145 the equalized wealth level;
146146 (2) executes an agreement to purchase attendance
147147 credits and an agreement under Subchapter E to contract for the
148148 education of nonresident students who transfer to and are educated
149149 in the district but who are not charged tuition; or
150150 (3) executes an agreement under Subchapter E to
151151 contract for the education of nonresident students:
152152 (A) to an extent that does not provide more than
153153 10 percent of the reduction in wealth per student required for the
154154 district to achieve a wealth per student that is equal to or less
155155 than the equalized wealth level; and
156156 (B) under which all revenue paid by the district
157157 to other districts, in excess of the reduction in state aid that
158158 results from counting the weighted average daily attendance of the
159159 students served in the contracting district, is required to be used
160160 for funding a consortium of at least three districts in a county
161161 with a population of less than 40,000 that is formed to support a
162162 technology initiative.
163163 SECTION 8. Section 41.121, Education Code, is amended to
164164 read as follows:
165165 Sec. 41.121. AGREEMENT. The board of trustees of a district
166166 with a wealth per student that exceeds the equalized wealth level
167167 may execute an agreement to educate the students of another
168168 district in a number that, when the weighted average daily
169169 attendance of the students served is added to the weighted average
170170 daily attendance of the contracting district, is sufficient, in
171171 combination with any other actions taken under this chapter, to
172172 reduce the district's wealth per student to a level that is equal to
173173 or less than the equalized wealth level. The agreement is not
174174 effective unless the commissioner certifies that the transfer of
175175 weighted average daily attendance will not result in any of the
176176 contracting districts' wealth per student being greater than the
177177 equalized wealth level and that the agreement requires an
178178 expenditure per student in weighted average daily attendance that
179179 is at least equal to the amount per student in weighted average
180180 daily attendance required under Section 41.093[, unless it is
181181 determined by the commissioner that a quality educational program
182182 can be delivered at a lesser amount. The commissioner may approve a
183183 special financial arrangement between districts if that
184184 arrangement serves the best educational interests of the state].
185185 SECTION 9. Section 42.2516, Education Code, is amended by
186186 amending Subsections (d), (e), and (f) and adding Subsections
187187 (a-2), (a-3), (a-4), (b-3), (b-4), (b-5), (b-6), and (b-7) to read
188188 as follows:
189189 (a-2) If, for the 2010-2011 school year or any subsequent
190190 school year, the total amount of state and local revenue per student
191191 in weighted average daily attendance for the maintenance and
192192 operations of the district to which the district would be entitled
193193 under this chapter or Chapter 41 exceeds the sum of $200 and the
194194 amount of state and local revenue per student in weighted average
195195 daily attendance for the maintenance and operations of the district
196196 available to the district for the preceding school year, the
197197 commissioner shall require the district, notwithstanding
198198 Subsection (a) or any other law, to compress the district's
199199 maintenance and operations tax rate as necessary to reduce the
200200 district's available revenue to the lesser amount.
201201 (a-3) Notwithstanding any other provision of law, the
202202 amount of compression the commissioner may require under Subsection
203203 (a-2) does not affect the state compression percentage under
204204 Subsection (a). If the voters of a district required by the
205205 commissioner to compress the district's maintenance and operations
206206 tax rate under Subsection (a-2) have authorized a maintenance and
207207 operations tax rate that is higher than the required compressed
208208 rate, the district, notwithstanding Section 26.08, Tax Code, or any
209209 other law, is not required in a subsequent year to obtain additional
210210 voter authorization to impose a rate that does not exceed the
211211 previously authorized rate.
212212 (a-4) The amount of revenue to which a school district is
213213 entitled because of the technology allotment under Section 32.005,
214214 the transportation allotment under Section 42.155, and the new
215215 instructional facility allotment under Section 42.158 is not
216216 included in making a determination under Subsection (a-2).
217217 (b-3) Subject to Subsections (b-4), (b-7), (e), (f-1), and
218218 (g), but notwithstanding any other provision of this title, a
219219 school district is entitled to state revenue necessary to provide
220220 the district with the sum of:
221221 (1) the amount of state and local revenue per student
222222 in weighted average daily attendance for the maintenance and
223223 operations of the district available to the district for the
224224 2008-2009 school year;
225225 (2) the amount to which the district is entitled under
226226 Section 42.155 for the current school year;
227227 (3) the amount to which the district is entitled under
228228 Section 42.158 for the current school year; and
229229 (4) an amount equal to the product of:
230230 (A) for the 2009-2010 school year, $75 multiplied
231231 by the number of students in weighted average daily attendance in
232232 the district; or
233233 (B) for each subsequent school year, $175
234234 multiplied by the number of students in weighted average daily
235235 attendance in the district.
236236 (b-4) For each school year, the commissioner shall
237237 calculate for each school district in accordance with Subsection
238238 (b-5) the additional maintenance and operations tax effort, in
239239 excess of the district's maintenance and operations tax rate for
240240 the 2008 tax year, that is needed to entitle the district to the
241241 amount of increased revenue described by Subsection (b-3)(4). If a
242242 district's maintenance and operations tax rate is less than $1 on
243243 the $100 valuation of taxable property and does not equal at least
244244 the sum of the district's maintenance and operations tax rate for
245245 the 2008 tax year and the needed additional tax effort calculated by
246246 the commissioner, the amount of increased revenue to which the
247247 district is entitled under Subsection (b-3)(4) is adjusted by
248248 applying the ratio of the amount by which the district's
249249 maintenance and operations tax rate exceeds the district's
250250 maintenance and operations tax rate for the 2008 tax year divided by
251251 the needed additional tax effort calculated by the commissioner.
252252 (b-5) Notwithstanding any other provision of law, the
253253 additional school district maintenance and operations tax effort
254254 described by Subsection (b-4) is the difference between the tax
255255 rate resulting from the product of the maximum maintenance and
256256 operations tax rate permitted for the 2005 tax year under Section
257257 45.003 and the state compression percentage under Subsection (a),
258258 minus the district's tax rate described by Section 42.302(a-1)(1).
259259 The tax effort described in Subsection (b-4) is subject to all rules
260260 and entitled to the same guaranteed level of state and local funds
261261 per weighted student per cent of tax effort as tax effort described
262262 by Section 42.302(a-1)(1).
263263 (b-6) Notwithstanding any other provision of law, the
264264 increased revenue described by Subsection (b-3)(4) is not included
265265 in the determination of the number of students in weighted average
266266 daily attendance under Section 42.302(a).
267267 (b-7) The amount of revenue to which a district is entitled
268268 under Subsection (b-3) includes funds sufficient to ensure the
269269 maintenance of:
270270 (1) the professional staff salary allotment provided
271271 by Subsection (b)(2) and the high school allotment provided by
272272 Subsection (b)(3) as those sections existed on January 1, 2009;
273273 (2) the staff salary allotment provided by Section
274274 42.2513 as that section existed on January 1, 2009;
275275 (3) funding for school district employees who
276276 participate in a group health coverage plan provided by or through
277277 the district;
278278 (4) the $110 per weighted student allocation
279279 authorized in Rider 82, page III-23, Chapter 1330 (H.B. 1), Acts of
280280 the 78th Legislature, Regular Session, 2003 (the General
281281 Appropriations Act); and
282282 (5) the $23.63 per weighted student allocation
283283 authorized in Rider 86, page III-23, Chapter 1428 (H.B. 1), Acts of
284284 the 80th Legislature, Regular Session, 2007 (the General
285285 Appropriations Act).
286286 (d) If [, for the 2006-2007 or a subsequent school year,] a
287287 school district enters into an agreement under Subchapter E,
288288 Chapter 41, the commissioner shall reduce the amount of state
289289 revenue to which the district is entitled under Subsection (b-3)
290290 [(b)] for that school year by an amount equal to any additional
291291 revenue for that school year that the district receives and retains
292292 as a result of that agreement, which is the amount by which the
293293 total maintenance and operations revenue available to the district
294294 exceeds the total maintenance and operations revenue that would
295295 have been available to the district if the district had not entered
296296 into the agreement and had imposed a maintenance and operations tax
297297 at the maximum rate permitted under Section 45.003(d), less any
298298 amount the district pays to another entity under the agreement.
299299 (e) The amount of revenue to which a school district is
300300 entitled because of the technology allotment under Section 32.005,
301301 the transportation allotment under Section 42.155, and the new
302302 instructional facility allotment under Section 42.158 and the
303303 amount of state and local revenue resulting from a tax rate
304304 described by Section 42.302(a-1)(2) or (3) are [is] not included in
305305 making a determination under Subsection (b-3)(1) [(b)(1)].
306306 (f) For purposes of determining the amount of revenue to
307307 which a school district is entitled under this section, the
308308 commissioner shall use the average tax collection rate for the
309309 district for the 2006, 2007, and 2008 [2003, 2004, and 2005] tax
310310 years.
311311 SECTION 10. Section 42.260(a), Education Code, is amended
312312 to read as follows:
313313 (a) In this section, "participating charter school" means
314314 an open-enrollment charter school that participates in the uniform
315315 group coverage program established under Chapter 1579, Insurance
316316 Code [has the meaning assigned by Section 42.2514].
317317 SECTION 11. Effective September 1, 2009, Section
318318 42.302(a-1), Education Code, is amended to read as follows:
319319 (a-1) In this section, "wealth per student" has the meaning
320320 assigned by Section 41.001. For purposes of Subsection (a), the
321321 dollar amount guaranteed level of state and local funds per
322322 weighted student per cent of tax effort ("GL") for a school district
323323 is:
324324 (1) the greater of 90 percent of the amount of district
325325 tax revenue per weighted student per cent of tax effort that would
326326 be available to the Austin Independent School District [a district
327327 at the 88th percentile in wealth per student], as determined by the
328328 commissioner in cooperation with the Legislative Budget Board, or
329329 the amount of district tax revenue per weighted student per cent of
330330 tax effort used for purposes of this subdivision in the preceding
331331 school year, for the district's maintenance and operations tax
332332 effort equal to or less than the rate equal to the product of the
333333 state compression percentage, as determined under Section 42.2516,
334334 multiplied by the maintenance and operations tax rate adopted by
335335 the district for the 2005 tax year;
336336 (2) the greater of the amount of district tax revenue
337337 per weighted student per cent of tax effort that would be available
338338 to the Austin Independent School District, as determined by the
339339 commissioner in cooperation with the Legislative Budget Board, if
340340 the reduction of the limitation on tax increases as provided by
341341 Section 11.26(a-1), (a-2), or (a-3), Tax Code, did not apply, or the
342342 amount of district tax revenue per weighted student per cent of tax
343343 effort used for purposes of this subdivision in the preceding
344344 school year, for the first six cents by which the district's
345345 maintenance and operations tax rate exceeds the rate equal to the
346346 product of the state compression percentage, as determined under
347347 Section 42.2516 [and notwithstanding the limitation on district
348348 enrichment tax rate ("DTR") under Section 42.303], multiplied by
349349 the maintenance and operations tax rate adopted by the district for
350350 the 2005 tax year; and
351351 (3) $31.95, for the district's maintenance and
352352 operations tax effort that exceeds the amount of tax effort
353353 described by Subdivision (2).
354354 SECTION 12. Effective September 1, 2010, Section
355355 42.302(a-1), Education Code, as amended by Chapters 19 (H.B. 5) and
356356 1191 (H.B. 828), Acts of the 80th Legislature, Regular Session,
357357 2007, is reenacted and amended to read as follows:
358358 (a-1) In this section, "wealth per student" has the meaning
359359 assigned by Section 41.001. For purposes of Subsection (a), the
360360 dollar amount guaranteed level of state and local funds per
361361 weighted student per cent of tax effort ("GL") for a school district
362362 is:
363363 (1) the greater of 95 percent of the amount of district
364364 tax revenue per weighted student per cent of tax effort that would
365365 be available to the Austin Independent School District [a district
366366 at the 88th percentile in wealth per student], as determined by the
367367 commissioner in cooperation with the Legislative Budget Board, or
368368 the amount of district tax revenue per weighted student per cent of
369369 tax effort used for purposes of this subdivision in the preceding
370370 school year, for the district's maintenance and operations tax
371371 effort equal to or less than the rate equal to the product of the
372372 state compression percentage, as determined under Section 42.2516,
373373 multiplied by the maintenance and operations tax rate adopted by
374374 the district for the 2005 tax year;
375375 (2) the greater of the amount of district tax revenue
376376 per weighted student per cent of tax effort that would be available
377377 to the Austin Independent School District, as determined by the
378378 commissioner in cooperation with the Legislative Budget Board, if
379379 the reduction of the limitation on tax increases as provided by
380380 Section 11.26(a-1), (a-2), or (a-3), Tax Code, did not apply, or the
381381 amount of district tax revenue per weighted student per cent of tax
382382 effort used for purposes of this subdivision in the preceding
383383 school year, for the first six cents by which the district's
384384 maintenance and operations tax rate exceeds the rate equal to the
385385 product of the state compression percentage, as determined under
386386 Section 42.2516, multiplied by the maintenance and operations tax
387387 rate adopted by the district for the 2005 tax year; and
388388 (3) $31.95, for the district's maintenance and
389389 operations tax effort that exceeds the amount of tax effort
390390 described by Subdivision (2).
391391 SECTION 13. Effective September 1, 2011, Section
392392 42.302(a-1), Education Code, as amended by Chapters 19 (H.B. 5) and
393393 1191 (H.B. 828), Acts of the 80th Legislature, Regular Session,
394394 2007, is reenacted and amended to read as follows:
395395 (a-1) In this section, "wealth per student" has the meaning
396396 assigned by Section 41.001. For purposes of Subsection (a), the
397397 dollar amount guaranteed level of state and local funds per
398398 weighted student per cent of tax effort ("GL") for a school district
399399 is:
400400 (1) the greater of the amount of district tax revenue
401401 per weighted student per cent of tax effort that would be available
402402 to the Austin Independent School District [a district at the 88th
403403 percentile in wealth per student], as determined by the
404404 commissioner in cooperation with the Legislative Budget Board, or
405405 the amount of district tax revenue per weighted student per cent of
406406 tax effort used for purposes of this subdivision in the preceding
407407 school year, for the district's maintenance and operations tax
408408 effort equal to or less than the rate equal to the product of the
409409 state compression percentage, as determined under Section 42.2516,
410410 multiplied by the maintenance and operations tax rate adopted by
411411 the district for the 2005 tax year;
412412 (2) the greater of the amount of district tax revenue
413413 per weighted student per cent of tax effort that would be available
414414 to the Austin Independent School District, as determined by the
415415 commissioner in cooperation with the Legislative Budget Board, if
416416 the reduction of the limitation on tax increases as provided by
417417 Section 11.26(a-1), (a-2), or (a-3), Tax Code, did not apply, or the
418418 amount of district tax revenue per weighted student per cent of tax
419419 effort used for purposes of this subdivision in the preceding
420420 school year, for the first six cents by which the district's
421421 maintenance and operations tax rate exceeds the rate equal to the
422422 product of the state compression percentage, as determined under
423423 Section 42.2516, multiplied by the maintenance and operations tax
424424 rate adopted by the district for the 2005 tax year; and
425425 (3) $31.95, for the district's maintenance and
426426 operations tax effort that exceeds the amount of tax effort
427427 described by Subdivision (2).
428428 SECTION 14. Section 1579.251(a), Insurance Code, is amended
429429 to read as follows:
430430 (a) The state shall assist employees of participating
431431 school districts and charter schools in the purchase of group
432432 health coverage under this chapter by providing for each covered
433433 employee the amount of $900 each state fiscal year or a greater
434434 amount as provided by the General Appropriations Act. The state
435435 contribution shall be distributed through the school finance
436436 formulas under Chapters 41 and 42, Education Code, and used by
437437 school districts and charter schools as provided by Section
438438 [Sections 42.2514 and] 42.260, Education Code.
439439 SECTION 15. Section 1581.053(b), Insurance Code, is amended
440440 to read as follows:
441441 (b) Notwithstanding Subsection (a), amounts a district or
442442 school is required to use to pay contributions under a group health
443443 coverage plan for district or school employees under Section
444444 [42.2514 or] 42.260, Education Code, other than amounts described
445445 by Section 42.260(c)(2)(B), are not used in computing whether the
446446 district or school complies with Section 1581.052.
447447 SECTION 16. (a) The following sections of the Education
448448 Code are repealed:
449449 (1) Section 29.097(g);
450450 (2) Section 29.098(h);
451451 (3) Sections 39.114(b), (b-1), and (c);
452452 (4) Sections 41.002(e), (f), and (g);
453453 (5) Section 41.098;
454454 (6) Sections 42.2511, 42.2512, 42.2513, and 42.2514;
455455 and
456456 (7) Sections 42.2516(a-1), (b), (b-1), (b-2), (c), and
457457 (h).
458458 (b) Section 403.302(j), Government Code, is repealed.
459459 (c) Subchapter C, Chapter 1581, Insurance Code, is
460460 repealed.
461461 SECTION 17. To the extent of any conflict, this Act prevails
462462 over another Act of the 81st Legislature, Regular Session, 2009,
463463 relating to nonsubstantive additions to and corrections in enacted
464464 codes.
465465 SECTION 18. Except as otherwise provided by this Act, this
466466 Act takes effect September 1, 2009.