Texas 2017 - 85th Regular

Texas Senate Bill SB1660 Compare Versions

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1		-	85R21690 MK-F
2	1		By: Taylor of Galveston S.B. No. 1660
3		-	(King of Hemphill)
4		-	Substitute the following for S.B. No. 1660: No.
5	2
6	3
7	4		A BILL TO BE ENTITLED
8	5		AN ACT
9		-	relating to the minutes of operation required for public school
10		-	districts, charter schools, and other education programs and to
11		-	calculating the average daily attendance for certain education
12		-	programs.
	6	+	relating to the minimum amount of student instruction required to
	7	+	be provided by school districts and calculation of average daily
	8	+	attendance for public school students.
13	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14		-	SECTION 1. Section 25.081, Education Code, is amended to
	10	+	SECTION 1. Section 25.081, Education Code, is amended by
	11	+	amending Subsections (a), (b), (c), and (e) and adding Subsection
	12	+	(a-1) to read as follows:
	13	+	(a) Except as authorized under Subsection (b) of this
	14	+	section, Section 25.084, or Section 29.0821, for each school year
	15	+	each school district must operate so that the district provides for
	16	+	at least, at the choice of the district:
	17	+	(1) 75,600 minutes of instruction, including
	18	+	intermissions and recesses, for students; or
	19	+	(2) 180 days of instruction for students.
	20	+	(a-1) In accordance with rules adopted by the commissioner,
	21	+	each school district shall notify the commissioner whether the
	22	+	district will comply with Subsection (a) on the basis of minutes of
	23	+	instruction or days of instruction.
	24	+	(b) The commissioner may approve the instruction of
	25	+	students for fewer than the number of minutes or days required under
	26	+	Subsection (a) if disaster, flood, extreme weather conditions, fuel
	27	+	curtailment, or another calamity causes the closing of schools.
	28	+	(c) If the commissioner does not approve reduced
	29	+	instruction time under Subsection (b), a school district may add
	30	+	additional minutes to the end of the district's normal school hours
	31	+	or additional days to the district's normal school calendar as
	32	+	necessary to compensate for minutes or days of instruction lost due
	33	+	to school closures caused by disaster, flood, extreme weather
	34	+	conditions, fuel curtailment, or another calamity.
	35	+	(e) For purposes of this code, a reference to a day of
	36	+	instruction means a calendar day in which a student is scheduled for
	37	+	and receives at least the minimum number of instructional minutes
	38	+	required for the student to be considered full-time for the purpose
	39	+	of calculating average daily attendance under Section 42.005 [420
	40	+	minutes of instruction].
	41	+	SECTION 2. Section 25.082(a), Education Code, is amended to
15	42		read as follows:
16		-	Sec. 25.081. OPERATION OF SCHOOLS. (a) Except as
17		-	authorized under Subsection (b) of this section, Section 25.084, or
18		-	Section 29.0821, for each school year each school district must
19		-	operate [so that the district provides] for at least 75,600
20		-	minutes, including time allocated for [of] instruction,
21		-	[including] intermissions, and recesses[,] for students.
22		-	(b) The commissioner may approve the operation of schools
23		-	[instruction of students] for fewer than the number of minutes
24		-	required under Subsection (a) if disaster, flood, extreme weather
25		-	conditions, fuel curtailment, or another calamity causes the
26		-	closing of schools.
27		-	(c) If the commissioner does not approve reduced operation
28		-	[instruction] time under Subsection (b), a school district may add
29		-	additional minutes to the end of the district's normal school hours
30		-	as necessary to compensate for minutes [of instruction] lost due to
31		-	school closures caused by disaster, flood, extreme weather
32		-	conditions, fuel curtailment, or another calamity.
33		-	(d) The commissioner may adopt rules to implement this
34		-	section, including rules:
35		-	(1) for the application, on the basis of the minimum
36		-	minutes of operation [instruction] required by Subsection (a), of
37		-	any provision of this title that refers to a minimum number of days
38		-	of instruction under this section;
39		-	(2) to determine the minutes of operation that are
40		-	equivalent to a day of instruction;
41		-	(3) defining instructional time, which may include
42		-	time allocated for recess and for serving breakfast or lunch to
43		-	students; and
44		-	(4) establishing the minimum number of minutes of
45		-	instruction required for a full-day and a half-day program to meet
46		-	the time requirements under Subsection (a).
47		-	(e) A school district or education program is exempt from
48		-	the minimum minutes of operation requirement if the district's or
49		-	program's average daily attendance is calculated under Section
50		-	42.005(j). The commissioner may establish the alternative minimum
51		-	minutes of operation required for a district or program that is
52		-	subject to Section 42.005(j). The commissioner's determination
53		-	under this subsection is final and may not be appealed [For purposes
54		-	of this code, a reference to a day of instruction means 420 minutes
55		-	of instruction].
56		-	(f) The commissioner may proportionally reduce the amount
57		-	of funding a district receives under Chapter 41, 42, or 46 and the
58		-	average daily attendance calculation for the district if the
59		-	district operates on a calendar that provides fewer minutes of
60		-	operation than required under Subsection (a).
61		-	SECTION 2. The heading to Section 25.082, Education Code,
62		-	is amended to read as follows:
63		-	Sec. 25.082. [SCHOOL DAY;] PLEDGES OF ALLEGIANCE; MINUTE OF
64		-	SILENCE.
65		-	SECTION 3. Section 29.0822(c), Education Code, is amended
66		-	to read as follows:
67		-	(c) Except in the case of a course designed for a student
68		-	described by Subsection (a)(3), a course offered in a program under
69		-	this section must provide for at least the same number of
70		-	instructional hours as required for a course offered in a program
71		-	that meets the required minimum number of minutes of operation
72		-	[instructional days] under Section 25.081 [and the required length
73		-	of school day under Section 25.082].
74		-	SECTION 4. Section 29.087(j), Education Code, is amended to
75		-	read as follows:
76		-	(j) For purposes of funding under Chapters 41, 42, and 46, a
77		-	student attending a program authorized by this section may be
78		-	counted in attendance only for the actual number of hours each
79		-	school day the student attends the program, in accordance with
80		-	Section [Sections] 25.081 [and 25.082].
81		-	SECTION 5. Subchapter E, Chapter 29, Education Code, is
82		-	amended by adding Section 29.162 to read as follows:
83		-	Sec. 29.162. DETERMINATION OF FULL-DAY AND HALF-DAY. The
84		-	commissioner may adopt rules for this subchapter establishing
85		-	full-day and half-day minutes of operation requirements as provided
86		-	by Section 25.081.
87		-	SECTION 6. Section 30A.104(a), Education Code, is amended
88		-	to read as follows:
89		-	(a) A course offered through the state virtual school
90		-	network must:
91		-	(1) be in a specific subject that is part of the
92		-	required curriculum under Section 28.002(a);
93		-	(2) be aligned with the essential knowledge and skills
94		-	identified under Section 28.002(c) for a grade level at or above
95		-	grade level three; and
96		-	(3) be the equivalent in instructional rigor and scope
97		-	to a course that is provided in a traditional classroom setting
98		-	during[:
99		-	[(A)] a semester of 90 instructional days[; and
100		-	[(B) a school day that meets the minimum length
101		-	of a school day required under Section 25.082].
102		-	SECTION 7. Section 37.008(a), Education Code, is amended to
103		-	read as follows:
104		-	(a) Each school district shall provide a disciplinary
105		-	alternative education program that:
106		-	(1) is provided in a setting other than a student's
107		-	regular classroom;
108		-	(2) is located on or off of a regular school campus;
109		-	(3) provides for the students who are assigned to the
110		-	disciplinary alternative education program to be separated from
111		-	students who are not assigned to the program;
112		-	(4) focuses on English language arts, mathematics,
113		-	science, history, and self-discipline;
114		-	(5) provides for students' educational and behavioral
115		-	needs;
116		-	(6) provides supervision and counseling; and
117		-	(7) employs only teachers who meet all certification
118		-	requirements established under Subchapter B, Chapter 21[; and
119		-	[(8) provides not less than the minimum amount of
120		-	instructional time per day required by Section 25.082(a)].
121		-	SECTION 8. Section 42.005, Education Code, is amended by
122		-	amending Subsection (a) and adding Subsections (i), (j), (k), (l),
123		-	and (m) to read as follows:
	43	+	(a) A school day shall be at least seven hours each day,
	44	+	including intermissions and recesses, except as otherwise provided
	45	+	for a school or program described by Section 42.005(j).
	46	+	SECTION 3. Section 42.005, Education Code, is amended by
	47	+	amending Subsection (a) and adding Subsections (a-1), (a-2), (g-1),
	48	+	and (i) through (o) to read as follows:
124	49		(a) In this chapter, average daily attendance is:
125	50		(1) the quotient of the sum of attendance for each day
126		-	of the minimum number of days of instruction as described under
127		-	Section 25.081(a) divided by the minimum number of days of
128		-	instruction;
	51	+	of the minimum number of days of instruction or the minimum number
	52	+	of minutes of instruction, including intermissions and recesses, as
	53	+	described under Section 25.081(a) divided by the minimum number of
	54	+	days of instruction or the minimum number of minutes of
	55	+	instruction, including intermissions and recesses;
129	56		(2) for a district that operates under a flexible year
130	57		program under Section 29.0821, the quotient of the sum of
131	58		attendance for each actual day of instruction as permitted by
132	59		Section 29.0821(b)(1) divided by the number of actual days of
133		-	instruction as permitted by Section 29.0821(b)(1); [or]
	60	+	instruction as permitted by Section 29.0821(b)(1); or
134	61		(3) for a district that operates under a flexible
135	62		school day program under Section 29.0822, the average daily
136	63		attendance as calculated by the commissioner in accordance with
137		-	Sections 29.0822(d) and (d-1); or
138		-	(4) for a district that operates a half-day program,
139		-	one-half of the average daily attendance calculated under
140		-	Subdivision (1).
141		-	(i) A district that operates a half-day prekindergarten
142		-	program is eligible to receive the half-day average daily
143		-	attendance calculation under Subsection (a)(4) if the district's
	64	+	Sections 29.0822(d) and (d-1).
	65	+	(a-1) If a district or charter school provides more than 180
	66	+	days or 75,600 minutes of instruction to students, the commissioner
	67	+	may adjust the determination of average daily attendance under
	68	+	Subsection (a) to reflect the increased instructional time.
	69	+	(a-2) A district or charter school is eligible to earn full
	70	+	average daily attendance under Subsection (a) if the school or
	71	+	district provides at least 240 minutes of instructional time to
	72	+	students each day.
	73	+	(g-1) The commissioner shall adopt rules to calculate
	74	+	average daily attendance for students participating in a blended
	75	+	learning program in which classroom instruction is supplemented
	76	+	with applied workforce learning opportunities, including
	77	+	participation of students in internships, externships, and
	78	+	apprenticeships.
	79	+	(i) A district or a charter school operating under
	80	+	Subchapter B, D, or E, Chapter 12, that operates a prekindergarten
	81	+	program is eligible to receive one-half of average daily attendance
	82	+	under Subsection (a) if the district's or charter school's
144	83		prekindergarten program provides at least 32,400 minutes of
145		-	instruction to students.
146		-	(j) Notwithstanding Subsection (a), the commissioner may
147		-	calculate the average daily attendance of a district using an
148		-	alternative minimum amount of minutes of operation for:
149		-	(1) a dropout recovery school or program; and
150		-	(2) a school program offered at a residential or
151		-	correctional facility.
152		-	(k) The commissioner may determine the qualifications to be
153		-	considered a dropout recovery school for the purposes of Subsection
154		-	(j). The qualifications selected by the commissioner may differ
155		-	from the qualifications required for a dropout recovery school
156		-	under Sections 12.137 and 39.0548.
157		-	(l) On application from an open-enrollment charter school
158		-	or a charter school operating under Subchapter E, Chapter 12, the
159		-	commissioner shall calculate the average daily attendance for the
160		-	school using an alternative minimum amount of minutes of operation
161		-	if:
162		-	(1) during the 2014-2015 school year, the school was
163		-	eligible to earn a full average daily attendance calculation under
164		-	the applicable law governing the school during that school year;
165		-	and
166		-	(2) the school provides at least the same amount of
167		-	instruction to students as the school provided during the 2014-2015
168		-	school year and is no longer eligible to earn the full average daily
169		-	attendance during the current school year.
170		-	(m) To assist school districts in implementing this section
171		-	as amended by H.B. 2442, Acts of the 85th Legislature, Regular
172		-	Session, 2017, or similar legislation, the commissioner may waive a
173		-	requirement of this section or adopt rules to implement this
174		-	section. This subsection expires September 1, 2018.
175		-	SECTION 9. Section 25.082(a), Education Code, is repealed.
176		-	SECTION 10. This Act applies beginning with the 2018-2019
	84	+	instructional time to students.
	85	+	(j) A district or charter school is eligible to earn full
	86	+	average daily attendance under Subsection (a) if the district or
	87	+	school provides at least 43,200 minutes of instructional time to
	88	+	students enrolled in:
	89	+	(1) a dropout recovery school or program operating
	90	+	under Section 12.1141(c) or Section 39.0548;
	91	+	(2) an alternative education program operating under
	92	+	Section 37.008 or 37.011;
	93	+	(3) a school program located at a day treatment
	94	+	facility, residential treatment facility, psychiatric hospital, or
	95	+	medical hospital;
	96	+	(4) a school program offered at a correctional
	97	+	facility; or
	98	+	(5) a charter school operating under Subchapter B, D,
	99	+	or E, Chapter 12.
	100	+	(k) A charter school operating under a charter granted under
	101	+	Subchapter B, D, or E, Chapter 12, before September 1, 2015, is
	102	+	eligible to earn full average daily attendance under Subsection
	103	+	(a), as that subsection existed immediately before September 1,
	104	+	2015, for:
	105	+	(1) all campuses of the charter school operating
	106	+	before September 1, 2015; and
	107	+	(2) any campus or site expansion approved on or after
	108	+	September 1, 2015.
	109	+	(l) A district or charter school may operate two programs
	110	+	and be eligible for full average daily attendance for both
	111	+	programs, if the programs operated by the district or charter
	112	+	school satisfy all applicable state and federal requirements.
	113	+	(m) In accordance with rules adopted by the commissioner,
	114	+	each charter school operating under Subchapter B, D, or E, Chapter
	115	+	12, shall notify the commissioner whether the charter school will
	116	+	provide instruction to students on the basis of minutes of
	117	+	instruction or days of instruction, as provided by Section
	118	+	25.081(a).
	119	+	(n) The commissioner shall adopt rules necessary to
	120	+	implement this section, including rules that:
	121	+	(1) establish the minimum number of minutes of
	122	+	instructional time per day that results in 180 days of instruction
	123	+	or 75,600 minutes of instruction for students, as applicable;
	124	+	(2) establish any requirements necessary to allow a
	125	+	district or charter school to be eligible for one-half of average
	126	+	daily attendance under Subsection (a), which may differ based on
	127	+	the instructional program offered by the district or charter
	128	+	school; and
	129	+	(3) proportionally reduce the amount of funding a
	130	+	district or open-enrollment charter school receives under this
	131	+	chapter, Chapter 41, or Chapter 46 and the average daily attendance
	132	+	for the district or charter school if the district or
	133	+	open-enrollment charter school operates on a calendar that provides
	134	+	fewer than the required minimum days or minutes of instruction to
	135	+	students.
	136	+	(o) In this section, "instructional time" means the time
	137	+	allocated by a district or charter school toward instructing
	138	+	students in the required curriculum described by Section 28.002 and
	139	+	includes time allocated for recess, intermissions, and serving
	140	+	breakfast and lunch to students.
	141	+	SECTION 4. This Act applies beginning with the 2017-2018
177	142		school year.
178		-	SECTION 11. This Act takes effect immediately if it
179		-	~~receives~~ a vote of two-thirds of all the members elected to each
180		-	~~house, as~~ provided by Section 39, Article III, Texas Constitution.
181		-	~~If this~~ Act does not receive the vote necessary for immediate
182		-	~~effect, this~~ Act takes effect September 1, 2017.
	143	+	SECTION 5. This Act takes effect immediately if it receives
	144	+	a vote of two-thirds of all the members elected to each house, as
	145	+	provided by Section 39, Article III, Texas Constitution. If this
	146	+	Act does not receive the vote necessary for immediate effect, this
	147	+	Act takes effect September 1, 2017.