Texas 2017 - 85th Regular

Texas Senate Bill SB360 Compare Versions

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

Old	New	Differences
1	1	85R1787 KKA-F
2	2	By: Watson S.B. No. 360
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the transportation allotment provided under the
8	8	Foundation School Program.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 42.155(b), (c), (e), (f), (i), (k), and
11	11	(l), Education Code, are amended to read as follows:
12	12	(b) As used in this section, "eligible [:
13	13	[(1) "Regular eligible student" means a student who
14	14	resides two or more miles from the student's campus of regular
15	15	attendance, measured along the shortest route that may be traveled
16	16	on public roads, and who is not classified as a student eligible for
17	17	special education services.
18	18	[(2) "Eligible] special education student" means a
19	19	student who is eligible for special education services under
20	20	Section 29.003 and who would be unable to attend classes without
21	21	special transportation services.
22	22	[(3) "Linear density" means the average number of
23	23	regular eligible students transported daily, divided by the
24	24	approved daily route miles traveled by the respective
25	25	transportation system.]
26	26	(c) Each district or county operating a regular
27	27	transportation system is entitled to an annual allotment equal to
28	28	50 percent of [based on] the annual [daily] cost [per regular
29	29	eligible student] of operating and maintaining the regular
30	30	transportation system [and the linear density of that system]. The
31	31	commissioner shall adopt rules necessary to implement this
32	32	subsection, including rules that identify eligible components of a
33	33	district's costs for purposes of computing a district's allotment.
34	34	[In determining the cost, the commissioner shall give consideration
35	35	to factors affecting the actual cost of providing these
36	36	transportation services in each district or county. The average
37	37	actual cost is to be computed by the commissioner and included for
38	38	consideration by the legislature in the General Appropriations Act.
39	39	The allotment per mile of approved route may not exceed the amount
40	40	set by appropriation.]
41	41	(e) The commissioner may grant an amount set by
42	42	appropriation for private or commercial transportation [for
43	43	eligible students] from isolated areas for students who are not
44	44	classified as eligible for special education services. The need
45	45	for this type of transportation grant shall be determined on an
46	46	individual basis and the amount granted shall not exceed the actual
47	47	cost. The grants may be made only in extreme hardship cases. A
48	48	grant may not be made if the students live within two miles of an
49	49	approved school bus route.
50	50	(f) The cost of transporting career and technology
51	51	education students from one campus to another inside a district or
52	52	from a sending district to another secondary public school for a
53	53	career and technology program or an area career and technology
54	54	school or to an approved post-secondary institution under a
55	55	contract for instruction approved by the agency shall be reimbursed
56	56	based on the number of actual miles traveled times the district's
57	57	cost per mile of the regular transportation system for the
58	58	preceding year, as determined on the basis of the district's
59	59	transportation operations report [official extracurricular travel
60	60	per mile rate as set by the board of trustees and approved by the
61	61	agency].
62	62	(i) In the case of a district belonging to a county
63	63	transportation system, the district's transportation allotment for
64	64	purposes of determining a district's foundation school program
65	65	allocations is determined on the basis of the number of students in
66	66	average daily attendance in the district in comparison to the total
67	67	number of students in average daily attendance of all districts
68	68	belonging to the county transportation system [approved daily route
69	69	miles in the district multiplied by the allotment per mile to which
70	70	the county transportation system is entitled].
71	71	(k) Notwithstanding any other provision of this section,
72	72	the commissioner may not reduce the allotment to which a district or
73	73	county is entitled under this section because the district or
74	74	county provides transportation for a [an eligible] student to and
75	75	from a child-care facility, as defined by Section 42.002, Human
76	76	Resources Code, or a grandparent's residence instead of the
77	77	student's residence, as authorized by Section 34.007, if the
78	78	transportation is provided within the approved routes of the
79	79	district or county for the school the student attends.
80	80	(l) A school district may, with the funds allotted under
81	81	this section, provide a bus pass or card for another transportation
82	82	system to each student [who is eligible to use the regular
83	83	transportation system of the district but] for whom the regular
84	84	transportation system of the district is not a feasible method of
85	85	providing transportation. The commissioner by rule shall provide
86	86	procedures for a school district to provide bus passes or cards to
87	87	students under this subsection.
88	88	SECTION 2. Section 11.158(a), Education Code, is amended to
89	89	read as follows:
90	90	(a) The board of trustees of an independent school district
91	91	may require payment of:
92	92	(1) a fee for materials used in any program in which
93	93	the resultant product in excess of minimum requirements becomes, at
94	94	the student's option, the personal property of the student, if the
95	95	fee does not exceed the cost of materials;
96	96	(2) membership dues in student organizations or clubs
97	97	and admission fees or charges for attending extracurricular
98	98	activities, if membership or attendance is voluntary;
99	99	(3) a security deposit for the return of materials,
100	100	supplies, or equipment;
101	101	(4) a fee for personal physical education and athletic
102	102	equipment and apparel, although any student may provide the
103	103	student's own equipment or apparel if it meets reasonable
104	104	requirements and standards relating to health and safety
105	105	established by the board;
106	106	(5) a fee for items of personal use or products that a
107	107	student may purchase at the student's option, such as student
108	108	publications, class rings, annuals, and graduation announcements;
109	109	(6) a fee specifically permitted by any other statute;
110	110	(7) a fee for an authorized voluntary student health
111	111	and accident benefit plan;
112	112	(8) a reasonable fee, not to exceed the actual annual
113	113	maintenance cost, for the use of musical instruments and uniforms
114	114	owned or rented by the district;
115	115	(9) a fee for items of personal apparel that become the
116	116	property of the student and that are used in extracurricular
117	117	activities;
118	118	(10) a parking fee or a fee for an identification card;
119	119	(11) a fee for a driver training course, not to exceed
120	120	the actual district cost per student in the program for the current
121	121	school year;
122	122	(12) a fee for a course offered for credit that
123	123	requires the use of facilities not available on the school premises
124	124	or the employment of an educator who is not part of the school's
125	125	regular staff, if participation in the course is at the student's
126	126	option;
127	127	(13) a fee for a course offered during summer school,
128	128	except that the board may charge a fee for a course required for
129	129	graduation only if the course is also offered without a fee during
130	130	the regular school year;
131	131	(14) a reasonable fee for transportation of a student
132	132	who lives within two miles of the school the student attends to and
133	133	from that school[, except that the board may not charge a fee for
134	134	transportation for which the school district receives funds under
135	135	Section 42.155(d)];
136	136	(15) a reasonable fee, not to exceed $50, for costs
137	137	associated with an educational program offered outside of regular
138	138	school hours through which a student who was absent from class
139	139	receives instruction voluntarily for the purpose of making up the
140	140	missed instruction and meeting the level of attendance required
141	141	under Section 25.092; or
142	142	(16) if the district does not receive any funds under
143	143	Section 42.155 and does not participate in a county transportation
144	144	system for which an allotment is provided under Section 42.155(i),
145	145	a reasonable fee for the transportation of a student to and from the
146	146	school the student attends.
147	147	SECTION 3. Section 42.155(d), Education Code, is repealed.
148	148	SECTION 4. This Act takes effect September 1, 2017.