By: Howard, et al. (Senate Sponsor - Watson) H.B. No. 2660 (In the Senate - Received from the House May 6, 2015; May 13, 2015, read first time and referred to Committee on Education; May 21, 2015, reported favorably by the following vote: Yeas 9, Nays 0; May 21, 2015, sent to printer.) Click here to see the committee vote COMMITTEE VOTE YeaNayAbsentPNV TaylorofGalvestonX LucioX BettencourtX CampbellX GarciaX HuffinesX KolkhorstX RodrÃguezX SeligerX TaylorofCollinX WestX A BILL TO BE ENTITLED AN ACT relating to Foundation School Program funding for students enrolled in an optional flexible school day program. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 29.0822, Education Code, is amended by amending Subsection (d) and adding Subsection (d-1) to read as follows: (d) The commissioner may adopt rules for the administration of this section, including rules establishing application requirements. Subject to Subsection (d-1), the [The] commissioner shall calculate average daily attendance for students served under this section. The commissioner shall allow accumulations of hours of instruction for students whose schedule would not otherwise allow full state funding. Funding under this subsection shall be determined based on the number of instructional days in the school district calendar and a seven-hour school day, but attendance may be cumulated over a school year, including any summer or vacation session. The attendance of students who accumulate less than the number of attendance hours required under this subsection shall be proportionately reduced for funding purposes. The commissioner may: (1) set maximum funding amounts for an individual course under this section; and (2) limit funding for the attendance of a student described by Subsection (a)(3) in a course under this section to funding only for the attendance necessary for the student to earn class credit that, as a result of attendance requirements under Section 25.092, the student would not otherwise be able to receive without retaking the class. (d-1) In calculating average daily attendance for students served under this section, the commissioner shall ensure that funding for attendance in a course in a program under this section is based on the same instructional hour requirements of the regular program rather than a full-time equivalent student basis that requires six hours of student contact time to qualify for a full day of attendance. SECTION 2. Section 42.005(a), Education Code, is amended to read as follows: (a) In this chapter, average daily attendance is: (1) the quotient of the sum of attendance for each day of the minimum number of days of instruction as described under Section 25.081(a) divided by the minimum number of days of instruction; (2) for a district that operates under a flexible year program under Section 29.0821, the quotient of the sum of attendance for each actual day of instruction as permitted by Section 29.0821(b)(1) divided by the number of actual days of instruction as permitted by Section 29.0821(b)(1); or (3) for a district that operates under a flexible school day program under Section 29.0822, the average daily attendance as calculated by the commissioner in accordance with Sections [Section] 29.0822(d) and (d-1). SECTION 3. This Act applies beginning with the 2015-2016 school year. SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2015. * * * * *