83R6051 EAH-D
By: Davis S.B. No. 1048
A BILL TO BE ENTITLED
AN ACT
relating to the regular program adjustment factor under the
Foundation School Program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 42.101, Education Code,
is amended to read as follows:
Sec. 42.101. BASIC ALLOTMENT [AND REGULAR PROGRAM
ALLOTMENTS].
SECTION 2. 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 or
career and technology education programs, for which an additional
allotment is made under Subchapter C, a district is entitled to an
[The basic] allotment [is an amount] equal to the lesser of $4,765
or the amount that results from the following formula:
A = $4,765 X (DCR/MCR)
where:
"A" is the allotment to which [resulting amount for] 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 3. Section 42.105, Education Code, is amended to
read as follows:
Sec. 42.105. SPARSITY ADJUSTMENT. Notwithstanding
Sections 42.101, 42.102, and 42.103, a school district that has
fewer than 130 students in average daily attendance shall be
provided an adjusted basic [a regular program] allotment on the
basis of 130 students in average daily attendance if it offers a
kindergarten through grade 12 program and has preceding or current
year's average daily attendance of at least 90 students or is 30
miles or more by bus route from the nearest high school district. A
district offering a kindergarten through grade 8 program whose
preceding or current year's average daily attendance was at least
50 students or which is 30 miles or more by bus route from the
nearest high school district shall be provided an adjusted basic [a
regular program] allotment on the basis of 75 students in average
daily attendance. An average daily attendance of 60 students shall
be the basis of providing the adjusted basic [regular program]
allotment if a district offers a kindergarten through grade 6
program and has preceding or current year's average daily
attendance of at least 40 students or is 30 miles or more by bus
route from the nearest high school district.
SECTION 4. Section 42.251(a), Education Code, is amended to
read as follows:
(a) The sum of the basic [regular program] allotment under
Subchapter B and the special allotments under Subchapter C,
computed in accordance with this chapter, constitute the tier one
allotments. The sum of the tier one allotments and the guaranteed
yield allotments under Subchapter F, computed in accordance with
this chapter, constitute the total cost of the Foundation School
Program.
SECTION 5. The following sections of the Education Code are
repealed:
(1) Sections 12.106(a-3) and (a-4); and
(2) Sections 42.101(c), (c-1), (c-2), and (c-3).
SECTION 6. The following sections of Chapter 4 (S.B. 1),
Acts of the 82nd Legislature, 1st Called Session, 2011, which are
effective September 1, 2015, are repealed:
(1) Section 57.09, which amended Section 42.101,
Education Code;
(2) Section 57.11, which amended Section 42.105,
Education Code; and
(3) Section 57.15, which amended Section 42.251(a),
Education Code.
SECTION 7. This Act takes effect September 1, 2013.