Texas 2015 - 84th Regular

Texas Senate Bill SB244 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R2733 JSL-D
2	2	By: Watson S.B. No. 244
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the elimination of the cost of education adjustment
8	8	under the Foundation School Program.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 7.062(c), Education Code, is amended to
11	11	read as follows:
12	12	(c) Except as otherwise provided by this subsection, if the
13	13	commissioner certifies that the amount appropriated for a state
14	14	fiscal year for purposes of Subchapters A and B, Chapter 46, exceeds
15	15	the amount to which school districts are entitled under those
16	16	subchapters for that year, the commissioner shall use the excess
17	17	funds, in an amount not to exceed $20 million in any state fiscal
18	18	year, for the purpose of making grants under this section. The use
19	19	of excess funds under this subsection has priority over any
20	20	provision of Chapter 42 that permits or directs the use of excess
21	21	foundation school program funds, including Sections [42.2517,]
22	22	42.2521, 42.2522, and 42.2531. The commissioner is required to use
23	23	excess funds as provided by this subsection only if the
24	24	commissioner is not required to reduce the total amount of state
25	25	funds allocated to school districts under Section 42.253(h).
26	26	SECTION 2. Section 12.106(a-1), Education Code, is amended
27	27	to read as follows:
28	28	(a-1) In determining funding for an open-enrollment charter
29	29	school under Subsection (a), adjustments under Sections [42.102,]
30	30	42.103[, 42.104,] and 42.105 are based on the average adjustment
31	31	for the state.
32	32	SECTION 3. Section 29.014(d), Education Code, is amended to
33	33	read as follows:
34	34	(d) The basic allotment for a student enrolled in a district
35	35	to which this section applies is adjusted by[:
36	36	[(1) the cost of education adjustment under Section
37	37	42.102 for the school district in which the district is
38	38	geographically located; and
39	39	[(2)] the weight for a homebound student under Section
40	40	42.151(a).
41	41	SECTION 4. Section 41.034(a), Education Code, is amended to
42	42	read as follows:
43	43	(a) For the first and second school years after creation of
44	44	a consolidated district under this subchapter, the commissioner
45	45	shall adjust allotments to the consolidated district to the extent
46	46	necessary to preserve the effects of an adjustment under Section
47	47	[42.102,] 42.103[,] or 42.105 to which either of the consolidating
48	48	districts would have been entitled but for the consolidation.
49	49	SECTION 5. Section 42.007(c), Education Code, is amended to
50	50	read as follows:
51	51	(c) The funding elements must include:
52	52	(1) a basic allotment for the purposes of Section
53	53	42.101 that, when combined with the guaranteed yield component
54	54	provided by Subchapter F, represents the cost per student of a
55	55	regular education program that meets all mandates of law and
56	56	regulation;
57	57	(2) [adjustments designed to reflect the variation in
58	58	known resource costs and costs of education beyond the control of
59	59	school districts;
60	60	[(3)] appropriate program cost differentials and
61	61	other funding elements for the programs authorized under Subchapter
62	62	C, with the program funding level expressed as dollar amounts and as
63	63	weights applied to the basic allotment or adjusted [basic]
64	64	allotment, as applicable, for the appropriate year;
65	65	(3) [(4)] the maximum guaranteed level of qualified
66	66	state and local funds per student for the purposes of Subchapter F;
67	67	(4) [(5)] the enrichment [and facilities] tax rate
68	68	under Subchapter F;
69	69	(5) [(6)] the computation of students in weighted
70	70	average daily attendance under Section 42.302; and
71	71	(6) [(7)] the amount to be appropriated for the school
72	72	facilities assistance program under Chapter 46.
73	73	SECTION 6. Section 42.103, Education Code, is amended to
74	74	read as follows:
75	75	Sec. 42.103. SMALL AND MID-SIZED DISTRICT ADJUSTMENT. (a)
76	76	The basic allotment for certain small and mid-sized districts is
77	77	adjusted in accordance with this section. In this section:
78	78	(1) "AA" is the district's adjusted allotment per
79	79	student;
80	80	(2) "ADA" is the number of students in average daily
81	81	attendance for which the district is entitled to an allotment under
82	82	Section 42.101; and
83	83	(3) "BA [ABA]" is the [adjusted] basic allotment
84	84	determined under Section 42.101 [42.102].
85	85	(b) The basic allotment of a school district that contains
86	86	at least 300 square miles and has not more than 1,600 students in
87	87	average daily attendance is adjusted by applying the formula:
88	88	AA = (1 + ((1,600 - ADA) X .0004)) X BA [ABA]
89	89	(c) The basic allotment of a school district that contains
90	90	less than 300 square miles and has not more than 1,600 students in
91	91	average daily attendance is adjusted by applying the formula:
92	92	AA = (1 + ((1,600 - ADA) X .00025)) X BA [ABA]
93	93	(d) The basic allotment of a school district that offers a
94	94	kindergarten through grade 12 program and has less than 5,000
95	95	students in average daily attendance is adjusted by applying the
96	96	formula, of the following formulas, that results in the greatest
97	97	adjusted allotment:
98	98	(1) the formula in Subsection (b) or (c) for which the
99	99	district is eligible; or
100	100	(2) AA = (1 + ((5,000 - ADA) X .000025)) X BA [ABA].
101	101	SECTION 7. Section 42.105, Education Code, as effective
102	102	September 1, 2015, is amended to read as follows:
103	103	Sec. 42.105. SPARSITY ADJUSTMENT. Notwithstanding Sections
104	104	42.101[, 42.102,] and 42.103, a school district that has fewer than
105	105	130 students in average daily attendance shall be provided funding
106	106	[an adjusted basic allotment] on the basis of 130 students in
107	107	average daily attendance if it offers a kindergarten through grade
108	108	12 program and has preceding or current year's average daily
109	109	attendance of at least 90 students or is 30 miles or more by bus
110	110	route from the nearest high school district. A district offering a
111	111	kindergarten through grade 8 program whose preceding or current
112	112	year's average daily attendance was at least 50 students or which is
113	113	30 miles or more by bus route from the nearest high school district
114	114	shall be provided funding [an adjusted basic allotment] on the
115	115	basis of 75 students in average daily attendance. An average daily
116	116	attendance of 60 students shall be the basis of providing funding
117	117	[the adjusted basic allotment] if a district offers a kindergarten
118	118	through grade 6 program and has preceding or current year's average
119	119	daily attendance of at least 40 students or is 30 miles or more by
120	120	bus route from the nearest high school district.
121	121	SECTION 8. Sections 42.151(a) and (k), Education Code, are
122	122	amended to read as follows:
123	123	(a) For each student in average daily attendance in a
124	124	special education program under Subchapter A, Chapter 29, in a
125	125	mainstream instructional arrangement, a school district is
126	126	entitled to an annual allotment equal to the basic allotment or
127	127	adjusted [basic] allotment, as applicable, multiplied by 1.1. For
128	128	each full-time equivalent student in average daily attendance in a
129	129	special education program under Subchapter A, Chapter 29, in an
130	130	instructional arrangement other than a mainstream instructional
131	131	arrangement, a district is entitled to an annual allotment equal to
132	132	the basic allotment or adjusted [basic] allotment, as applicable,
133	133	multiplied by a weight determined according to instructional
134	134	arrangement as follows:
135	135	Homebound5.0
136	136	Hospital class3.0
137	137	Speech therapy5.0
138	138	Resource room3.0
139	139	Self-contained, mild and moderate,
140	140	regular campus3.0
141	141	Self-contained, severe, regular campus3.0
142	142	Off home campus2.7
143	143	Nonpublic day school1.7
144	144	Vocational adjustment class2.3
145	145	(k) A school district that provides an extended year program
146	146	required by federal law for special education students who may
147	147	regress is entitled to receive funds in an amount equal to 75
148	148	percent, or a lesser percentage determined by the commissioner, of
149	149	the [adjusted] basic allotment or adjusted allotment, as
150	150	applicable, for each full-time equivalent student in average daily
151	151	attendance, multiplied by the amount designated for the student's
152	152	instructional arrangement under this section, for each day the
153	153	program is provided divided by the number of days in the minimum
154	154	school year. The total amount of state funding for extended year
155	155	services under this section may not exceed $10 million per year. A
156	156	school district may use funds received under this section only in
157	157	providing an extended year program.
158	158	SECTION 9. Section 42.152(a), Education Code, is amended to
159	159	read as follows:
160	160	(a) For each student who is educationally disadvantaged or
161	161	who is a student who does not have a disability and resides in a
162	162	residential placement facility in a district in which the student's
163	163	parent or legal guardian does not reside, a district is entitled to
164	164	an annual allotment equal to the basic allotment or adjusted
165	165	[basic] allotment, as applicable, multiplied by 0.2, and by 2.41
166	166	for each full-time equivalent student who is in a remedial and
167	167	support program under Section 29.081 because the student is
168	168	pregnant.
169	169	SECTION 10. Section 42.153(a), Education Code, is amended
170	170	to read as follows:
171	171	(a) For each student in average daily attendance in a
172	172	bilingual education or special language program under Subchapter B,
173	173	Chapter 29, a district is entitled to an annual allotment equal to
174	174	the basic allotment or adjusted [basic] allotment, as applicable,
175	175	multiplied by 0.1.
176	176	SECTION 11. Section 42.154(a), Education Code, is amended
177	177	to read as follows:
178	178	(a) For each full-time equivalent student in average daily
179	179	attendance in an approved career and technology education program
180	180	in grades nine through 12 or in career and technology education
181	181	programs for students with disabilities in grades seven through 12,
182	182	a district is entitled to:
183	183	(1) an annual allotment equal to the basic allotment
184	184	or adjusted [basic] allotment, as applicable, multiplied by a
185	185	weight of 1.35; and
186	186	(2) $50, if the student is enrolled in:
187	187	(A) two or more advanced career and technology
188	188	education classes for a total of three or more credits; or
189	189	(B) an advanced course as part of a tech-prep
190	190	program under Subchapter T, Chapter 61.
191	191	SECTION 12. Section 42.156(a), Education Code, is amended
192	192	to read as follows:
193	193	(a) For each identified student a school district serves in
194	194	a program for gifted and talented students that the district
195	195	certifies to the commissioner as complying with Subchapter D,
196	196	Chapter 29, a district is entitled to an annual allotment equal to
197	197	the district's basic allotment or adjusted [basic] allotment as
198	198	determined under Section 42.101 [42.102] or Section 42.103, as
199	199	applicable, multiplied by .12 for each school year or a greater
200	200	amount provided by appropriation.
201	201	SECTION 13. Section 42.157(a), Education Code, is amended
202	202	to read as follows:
203	203	(a) Except as provided by Subsection (b), for each student
204	204	in average daily attendance who is using a public education grant
205	205	under Subchapter G, Chapter 29, to attend school in a district other
206	206	than the district in which the student resides, the district in
207	207	which the student attends school is entitled to an annual allotment
208	208	equal to the basic allotment or adjusted [basic] allotment, as
209	209	applicable, multiplied by a weight of 0.1.
210	210	SECTION 14. Section 42.261(a), Education Code, is amended
211	211	to read as follows:
212	212	(a) Funds appropriated by the legislature for a tax year for
213	213	the purpose of reducing a school district's maintenance and
214	214	operations tax rate and providing state aid under Section 42.2516:
215	215	(1) [are not excess funds for purposes of Section
216	216	42.2517;
217	217	[(2)] are not available for purposes of Section
218	218	42.2521 or 42.2522;
219	219	(2) [(3)] may not be used for purposes of Chapter 46;
220	220	and
221	221	(3) [(4)] may not be provided by the commissioner to a
222	222	school district for a purpose other than reduction of the
223	223	district's maintenance and operations tax rate.
224	224	SECTION 15. Section 42.302(a), Education Code, is amended
225	225	to read as follows:
226	226	(a) Each school district is guaranteed a specified amount
227	227	per weighted student in state and local funds for each cent of tax
228	228	effort over that required for the district's local fund assignment
229	229	up to the maximum level specified in this subchapter. The amount
230	230	of state support, subject only to the maximum amount under Section
231	231	42.303, is determined by the formula:
232	232	GYA = (GL X WADA X DTR X 100) - LR
233	233	where:
234	234	"GYA" is the guaranteed yield amount of state funds to be
235	235	allocated to the district;
236	236	"GL" is the dollar amount guaranteed level of state and local
237	237	funds per weighted student per cent of tax effort, which is an
238	238	amount described by Subsection (a-1) or a greater amount for any
239	239	year provided by appropriation;
240	240	"WADA" is the number of students in weighted average daily
241	241	attendance, which is calculated by dividing the sum of the school
242	242	district's allotments under Subchapters B and C, less any allotment
243	243	to the district for transportation and[,] any allotment under
244	244	Section 42.158 or 42.160, [and 50 percent of the adjustment under
245	245	Section 42.102,] by the basic allotment for the applicable year;
246	246	"DTR" is the district enrichment tax rate of the school
247	247	district, which is determined by subtracting the amounts specified
248	248	by Subsection (b) from the total amount of maintenance and
249	249	operations taxes collected by the school district for the
250	250	applicable school year and dividing the difference by the quotient
251	251	of the district's taxable value of property as determined under
252	252	Subchapter M, Chapter 403, Government Code, or, if applicable,
253	253	under Section 42.2521, divided by 100; and
254	254	"LR" is the local revenue, which is determined by multiplying
255	255	"DTR" by the quotient of the district's taxable value of property as
256	256	determined under Subchapter M, Chapter 403, Government Code, or, if
257	257	applicable, under Section 42.2521, divided by 100.
258	258	SECTION 16. Section 322.008(b), Government Code, is amended
259	259	to read as follows:
260	260	(b) The general appropriations bill may include for
261	261	purposes of information the funding elements computed by the
262	262	Legislative Budget Board under Section 42.007, Education Code[,
263	263	excluding the values for each school district calculated under
264	264	Section 42.007(c)(2), Education Code]. If the funding elements are
265	265	included, the funding elements under Section 42.007(c)(2)
266	266	[42.007(c)(3)], Education Code, shall be reported in dollar amounts
267	267	per pupil.
268	268	SECTION 17. Section 825.405(b), Government Code, is amended
269	269	to read as follows:
270	270	(b) For purposes of this section:
271	271	(1) the statutory minimum salary for certain school
272	272	personnel under Section 21.402, Education Code, is the salary
273	273	provided by that section multiplied by the cost of education index
274	274	adjustment adopted by the foundation school fund budget committee
275	275	and contained in Chapter 203, Title 19, Texas Administrative Code,
276	276	as that chapter existed on March 26, 1997, applicable [under
277	277	Section 42.102, Education Code,] to the district in which the
278	278	member is employed; and
279	279	(2) the statutory minimum salary for members who would
280	280	have been entitled to the minimum salary for certain school
281	281	personnel under former Section 16.056, Education Code, as that
282	282	section existed on January 1, 1995, is a minimum salary computed in
283	283	the same manner as the minimum salary for certain school personnel
284	284	under Section 21.402, Education Code, multiplied by the cost of
285	285	education index adjustment adopted by the foundation school fund
286	286	budget committee and contained in Chapter 203, Title 19, Texas
287	287	Administrative Code, as that chapter existed on March 26, 1997,
288	288	applicable [under Section 42.102, Education Code,] to the district
289	289	in which the member is employed.
290	290	SECTION 18. The following sections of the Education Code
291	291	are repealed:
292	292	(1) Section 42.102;
293	293	(2) Section 42.104; and
294	294	(3) Section 42.2517.
295	295	SECTION 19. This Act takes effect September 1, 2015.