Texas 2019 - 86th Regular

Texas Senate Bill SB4 Compare Versions

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1	1	By: Taylor S.B. No. 4
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to public school finance and public education.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	ARTICLE 1. PUBLIC SCHOOL FINANCE
9	9	SECTION 1.001. Section 5.001(4), Education Code, is amended
10	10	to read as follows:
11	11	(4) "Educationally disadvantaged" means:
12	12	(A) eligible to participate in the national free
13	13	or reduced-price lunch program established under 42 U.S.C. Section
14	14	1751 et seq.; or
15	15	(B) economically disadvantaged in any manner
16	16	that may reasonably impact educational achievement, as determined
17	17	by the commissioner.
18	18	SECTION 1.002. Section 41.002(a), Education Code, is
19	19	amended to read as follows:
20	20	(a) A school district may not have a wealth per student that
21	21	exceeds:
22	22	(1) the wealth per student that generates the amount
23	23	of maintenance and operations tax revenue per weighted student
24	24	available to a district with maintenance and operations tax revenue
25	25	per cent of tax effort equal to the maximum amount provided per cent
26	26	under Section 42.101(a) or (b), for the district's maintenance and
27	27	operations tax effort equal to or less than the rate equal to the
28	28	sum of the product of the state compression percentage, as
29	29	determined under Section 42.2516, multiplied by the maintenance and
30	30	operations tax rate adopted by the district for the 2005 tax year
31	31	and any additional tax effort included in calculating the
32	32	district's compressed tax rate under Section 42.101(a-1);
33	33	(2) the wealth per student specified under Subdivision
34	34	(1) multiplied by _____ [that generates the amount of maintenance
35	35	and operations tax revenue per weighted student available to the
36	36	Austin Independent School District, as determined by the
37	37	commissioner in cooperation with the Legislative Budget Board], for
38	38	the first six cents by which the district's maintenance and
39	39	operations tax rate exceeds the rate equal to the sum of the product
40	40	of the state compression percentage, as determined under Section
41	41	42.2516, multiplied by the maintenance and operations tax rate
42	42	adopted by the district for the 2005 tax year and any additional tax
43	43	effort included in calculating the district's compressed tax rate
44	44	under Section 42.101(a-1), subject to Section 41.093(b-1); or
45	45	(3) the wealth per student specified under Subdivision
46	46	(1) multiplied by _____ [$319,500], for the district's maintenance
47	47	and operations tax effort that exceeds the amount of tax effort
48	48	described by Subdivision (2).
49	49	SECTION 1.003. Section 41.004(a), Education Code, is
50	50	amended to read as follows:
51	51	(a) Not later than July 15 of each year, using the estimates
52	52	[estimate] of enrollment and taxable property value under Section
53	53	42.254, the commissioner shall review the wealth per student of
54	54	school districts in the state and shall notify:
55	55	(1) each district with wealth per student exceeding
56	56	the equalized wealth level;
57	57	(2) each district to which the commissioner proposes
58	58	to annex property detached from a district notified under
59	59	Subdivision (1), if necessary, under Subchapter G; and
60	60	(3) each district to which the commissioner proposes
61	61	to consolidate a district notified under Subdivision (1), if
62	62	necessary, under Subchapter H.
63	63	SECTION 1.004. Section 41.093(b-1), Education Code, is
64	64	amended to read as follows:
65	65	(b-1) If the guaranteed level of state and local funds per
66	66	weighted student per cent of tax effort under Section
67	67	42.302(a-1)(1) for which state funds are appropriated for a school
68	68	year is an amount at least equal to the product of the amount of
69	69	revenue per weighted student per cent of tax effort available to a
70	70	school district with maintenance and operations tax revenue per
71	71	weighted student per cent of tax effort equal to the maximum amount
72	72	provided per cent under Section 42.101(a) or (b) multiplied by
73	73	_____ [the Austin Independent School District, as determined by the
74	74	commissioner in cooperation with the Legislative Budget Board], the
75	75	commissioner, in computing the amounts described by Subsections
76	76	(a)(1) and (2) and determining the cost of an attendance credit,
77	77	shall exclude maintenance and operations tax revenue resulting from
78	78	the tax rate described by Section 41.002(a)(2).
79	79	SECTION 1.005. Section 42.101(a), Education Code, is
80	80	amended to read as follows:
81	81	(a) For each student in average daily attendance, not
82	82	including the time students spend each day in special education
83	83	programs in an instructional arrangement other than mainstream or
84	84	career and technology education programs, for which an additional
85	85	allotment is made under Subchapter C, a district is entitled to an
86	86	allotment equal to the lesser of $ ______ [$4,765] or the amount
87	87	that results from the following formula:
88	88	A = $ ______ [$4,765] X (DCR/MCR)
89	89	where:
90	90	"A" is the allotment to which a district is entitled;
91	91	"DCR" is the district's compressed tax rate, which is the
92	92	product of the state compression percentage, as determined under
93	93	Section 42.2516, multiplied by the maintenance and operations tax
94	94	rate adopted by the district for the 2005 tax year; and
95	95	"MCR" is the state maximum compressed tax rate, which is the
96	96	product of the state compression percentage, as determined under
97	97	Section 42.2516, multiplied by $1.50.
98	98	SECTION 1.006. Section 42.152(a), Education Code, is
99	99	amended to read as follows:
100	100	(a) For each student who is educationally disadvantaged or
101	101	who is a student who does not have a disability and resides in a
102	102	residential placement facility in a district in which the student's
103	103	parent or legal guardian does not reside, a district is entitled to
104	104	an annual allotment equal to the adjusted basic allotment
105	105	multiplied by ____ [0.2], and by _ [2.41] for each full-time
106	106	equivalent student who is in a remedial and support program under
107	107	Section 29.081 because the student is pregnant.
108	108	SECTION 1.007. Section 42.153(a), Education Code, is
109	109	amended to read as follows:
110	110	(a) For each student in average daily attendance in a
111	111	bilingual education or special language program under Subchapter B,
112	112	Chapter 29, a district is entitled to an annual allotment equal to
113	113	the [adjusted] basic allotment multiplied by:
114	114	(1) 0.1; or
115	115	(2) _____ if the student is in a bilingual education
116	116	program using a dual language immersion/one-way or two-way program
117	117	model.
118	118	SECTION 1.008. Sections 42.154(a) and (c), Education Code,
119	119	are amended to read as follows:
120	120	(a) For each full-time equivalent student in average daily
121	121	attendance in an approved career and technology education program
122	122	in grades 8 [nine] through 12 or in career and technology education
123	123	programs for students with disabilities in grades 7 [seven] through
124	124	12, a district is entitled to:
125	125	(1) an annual allotment equal to the [adjusted] basic
126	126	allotment multiplied by a weight of 1.35; and
127	127	(2) $50, if the student is enrolled in two or more
128	128	advanced career and technology education classes for a total of
129	129	three or more credits.
130	130	(c) Funds allocated under this section, other than an
131	131	indirect cost allotment established under State Board of Education
132	132	rule, must be used in providing career and technology education
133	133	programs in grades 8 [nine] through 12 or career and technology
134	134	education programs for students with disabilities in grades 7
135	135	[seven] through 12 under Sections 29.182, 29.183, and 29.184.
136	136	SECTION 1.009. Section 42.155, Education Code, is amended
137	137	by amending Subsections (c), (g), and (i) and adding Subsection (m)
138	138	to read as follows:
139	139	(c) Each district or county operating a regular
140	140	transportation system is entitled to a transportation [an]
141	141	allotment based on the number of daily miles of approved route
142	142	traveled by the system in providing transportation for [cost per]
143	143	regular eligible students of the district or county multiplied by
144	144	_____ cents per mile of approved route or a greater amount per mile
145	145	of approved route set by appropriation [student of operating and
146	146	maintaining the regular transportation system and the linear
147	147	density of that system. In determining the cost, the commissioner
148	148	shall give consideration to factors affecting the actual cost of
149	149	providing these transportation services in each district or county.
150	150	The average actual cost is to be computed by the commissioner and
151	151	included for consideration by the legislature] in the General
152	152	Appropriations Act. [The allotment per mile of approved route may
153	153	not exceed the amount set by appropriation.]
154	154	(g) A school district or county that provides special
155	155	transportation services for eligible special education students is
156	156	entitled to a state allocation paid on the basis of a previous
157	157	year's miles of approved route traveled [cost-per-mile basis]. The
158	158	maximum rate per mile allowable shall be set by appropriation
159	159	[based on data gathered from the first year of each preceding
160	160	biennium]. Districts may use a portion of their support allocation
161	161	to pay transportation costs, if necessary. The commissioner may
162	162	grant an amount set by appropriation for private transportation to
163	163	reimburse parents or their agents for transporting eligible special
164	164	education students. The mileage allowed shall be computed along
165	165	the shortest public road from the student's home to school and back,
166	166	morning and afternoon. The need for this type transportation shall
167	167	be determined on an individual basis and shall be approved only in
168	168	extreme hardship cases.
169	169	(i) In the case of a district belonging to a county
170	170	transportation system, the district's transportation allotment for
171	171	purposes of determining a district's foundation school program
172	172	allocations is determined on the basis of the number of approved
173	173	daily route miles in the district multiplied by the allotment per
174	174	mile of approved route to which the county transportation system is
175	175	entitled.
176	176	(m) A school district that is required to take action under
177	177	Chapter 41 to reduce its wealth per student to the equalized wealth
178	178	level is entitled to a credit, in the amount of the allotments to
179	179	which the district is entitled under this section, against the
180	180	total amount required under Section 41.093 for the district to
181	181	purchase attendance credits. The commissioner may adopt rules
182	182	necessary to implement this subsection.
183	183	SECTION 1.010. Subchapter C, Chapter 42, Education Code, is
184	184	amended by adding Section 42.1561 to read as follows:
185	185	Sec. 42.1561. ALLOTMENT FOR STUDENT WITH DYSLEXIA. (a)
186	186	Subject to Subsection (b), for each student that a school district
187	187	serves who has been identified as having dyslexia, the district is
188	188	entitled to an annual allotment equal to the district's basic
189	189	allotment multiplied by _____.
190	190	(b) A school district is entitled to the allotment under
191	191	Subsection (a) only for a student who:
192	192	(1) is receiving instruction that:
193	193	(A) meets applicable dyslexia program criteria
194	194	established by the agency; and
195	195	(B) is provided by a person with specific
196	196	training in providing that instruction; or
197	197	(2) has received the instruction described by
198	198	Subdivision (1) and is permitted, on the basis of having dyslexia,
199	199	to use modifications in the classroom and accommodations in the
200	200	administration of assessment instruments.
201	201	(c) Funds allotted under this section must be used in
202	202	providing services to students with dyslexia.
203	203	(d) A school district may receive funding for a student
204	204	under this section and Section 42.151 if the student satisfies the
205	205	requirements of both sections.
206	206	SECTION 1.011. Section 42.158(d), Education Code, is
207	207	amended to read as follows:
208	208	(d) Subject to Subsection (d-1), the amount appropriated
209	209	for allotments under this section may not exceed $ ______ [$25]
210	210	million in a school year. If the total amount of allotments to
211	211	which districts are entitled under this section for a school year
212	212	exceeds the amount appropriated under this subsection, the
213	213	commissioner shall reduce each district's allotment under this
214	214	section in the manner provided by Section 42.253(h).
215	215	SECTION 1.012. Subchapter C, Chapter 42, Education Code, is
216	216	amended by adding Section 42.1581 to read as follows:
217	217	Sec. 42.1581. STUDY ON NEW INSTRUCTIONAL FACILITY
218	218	ALLOTMENT. (a) The agency shall conduct a study on the amount of
219	219	funding necessary to fully fund the new instructional facility
220	220	allotment under Section 42.158, taking into account estimated
221	221	growth in student enrollment.
222	222	(b) Not later than September 1, 2020, the agency shall
223	223	submit to the legislature a report on the results of the study and
224	224	any recommendations for legislative or other action.
225	225	(c) This section expires September 1, 2021.
226	226	SECTION 1.013. Subchapter C, Chapter 42, Education Code, is
227	227	amended by adding Sections 42.162, 42.163, and 42.164 to read as
228	228	follows:
229	229	Sec. 42.162. THIRD GRADE READING ALLOTMENT. (a) For each
230	230	student who is educationally disadvantaged and performed
231	231	satisfactorily during the preceding school year on a third grade
232	232	reading multidimensional assessment on the list adopted by the
233	233	commissioner under Subsection (b), a school district is entitled to
234	234	an annual allotment equal to the district's basic allotment
235	235	multiplied by ______.
236	236	(b) The commissioner shall:
237	237	(1) adopt a list of at least two third grade reading
238	238	multidimensional assessments approved for purposes of this
239	239	section; and
240	240	(2) for each assessment included on the list under
241	241	Subdivision (1), set a score that indicates satisfactory
242	242	performance for purposes of this section.
243	243	(c) Funds allocated under this section must be used to fund
244	244	programs and services designed to improve student performance on a
245	245	third grade reading multidimensional assessment included on the
246	246	list adopted by the commissioner under Subsection (b).
247	247	Sec. 42.163. EARLY READING ALLOTMENT. (a) For each
248	248	student in average daily attendance in kindergarten through third
249	249	grade, a school district is entitled to an annual allotment equal to
250	250	the district's basic allotment multiplied by ______ if the student
251	251	is:
252	252	(1) educationally disadvantaged; or
253	253	(2) in a bilingual education or special language
254	254	program under Subchapter B, Chapter 29.
255	255	(b) Funds allocated under this section must be used to fund
256	256	programs and services designed to improve student performance on a
257	257	third grade reading multidimensional assessment included on the
258	258	list adopted by the commissioner under Section 42.162.
259	259	(c) A school district is entitled to an allotment under each
260	260	subdivision of Subsection (a) for which a student qualifies.
261	261	(d) A school district may receive funding for a student
262	262	under this section and under Sections 42.152 and 42.153, as
263	263	applicable, if the student satisfies the requirements of each
264	264	applicable section.
265	265	Sec. 42.164. SMALL AND MID-SIZED DISTRICT ALLOTMENT. (a)
266	266	Small and mid-sized districts are entitled to an annual allotment
267	267	in accordance with this section. In this section:
268	268	(1) "AA" is the district's annual allotment per
269	269	student;
270	270	(2) "ADA" is the number of students in average daily
271	271	attendance for which the district is entitled to an allotment under
272	272	Section 42.101; and
273	273	(3) "BA" is the basic allotment determined under
274	274	Section 42.101.
275	275	(b) A school district that contains at least 300 square
276	276	miles and has not more than 1,600 students in average daily
277	277	attendance is entitled to an annual allotment for each student in
278	278	average daily attendance based on the following formula:
279	279	AA = ((1,600 - ADA) X .0004) X BA
280	280	(c) A school district that contains less than 300 square
281	281	miles and has not more than 1,600 students in average daily
282	282	attendance is entitled to an annual allotment for each student in
283	283	average daily attendance based on the following formulas:
284	284	(1) for the fiscal year beginning September 1, 2019:
285	285	AA = ((1,600 - ADA) X .00030) X BA;
286	286	(2) for the fiscal year beginning September 1, 2020:
287	287	AA = ((1,600 - ADA) X .000325) X BA;
288	288	(3) for the fiscal year beginning September 1, 2021:
289	289	AA = ((1,600 - ADA) X .00035) X BA; and
290	290	(4) for the fiscal year beginning September 1, 2022:
291	291	AA = ((1,600 - ADA) X .000375) X BA.
292	292	(d) A school district that offers a kindergarten through
293	293	grade 12 program and has less than 5,000 students in average daily
294	294	attendance is entitled to an annual allotment for each student in
295	295	average daily attendance based on the formula, of the following
296	296	formulas, that results in the greatest annual allotment:
297	297	(1) the formula in Subsection (b) or (c) for which the
298	298	district is eligible; or
299	299	(2) AA = ((5,000 - ADA) X .000025) X BA.
300	300	SECTION 1.014. Effective September 1, 2023, Sections
301	301	42.164(b) and (d), Education Code, as added by this Act, are amended
302	302	to read as follows:
303	303	(b) A school district that [contains at least 300 square
304	304	miles and] has not more than 1,600 students in average daily
305	305	attendance is entitled to an annual allotment for each student in
306	306	average daily attendance based on the following formula:
307	307	AA = ((1,600 - ADA) X .0004) X BA
308	308	(d) A school district that offers a kindergarten through
309	309	grade 12 program and has less than 5,000 students in average daily
310	310	attendance is entitled to an annual allotment for each student in
311	311	average daily attendance based on the formula, of the following
312	312	formulas, that results in the greatest annual allotment:
313	313	(1) the formula in Subsection (b), if [or (c) for
314	314	which] the district is eligible for that formula; or
315	315	(2) AA = ((5,000 - ADA) X .000025) X BA.
316	316	SECTION 1.015. Subchapter C, Chapter 42, Education Code, is
317	317	amended by adding Sections 42.165 and 42.169 to read as follows:
318	318	Sec. 42.165. FAST GROWTH ALLOTMENT. (a) A school district
319	319	in which the growth in student enrollment in the district over the
320	320	preceding three school years is in the top quartile of student
321	321	enrollment growth in school districts in the state for that period,
322	322	as determined by the commissioner, is entitled to an annual
323	323	allotment of $_______ for each student in average daily attendance.
324	324	(b) An open-enrollment charter school is not entitled to an
325	325	allotment under this section.
326	326	Sec. 42.169. ALLOTMENT FOR STUDENT ACHIEVEMENTS IN COLLEGE,
327	327	CAREER, OR MILITARY READINESS. (a) For each student who is
328	328	educationally disadvantaged and graduated high school in the
329	329	preceding school year demonstrating college, career, or military
330	330	readiness as described by Subsection (b), a school district is
331	331	entitled to an annual allotment equal to the basic allotment
332	332	multiplied by _____.
333	333	(b) For purposes of this section, a student demonstrates
334	334	college, career, or military readiness if the student achieves
335	335	minimum scores set by commissioner rule on the ACT, the SAT, an
336	336	assessment instrument designated by the Texas Higher Education
337	337	Coordinating Board under Section 51.334, or the Armed Services
338	338	Vocational Aptitude Battery and graduates from high school having:
339	339	(1) enrolled at a postsecondary educational
340	340	institution;
341	341	(2) earned an industry-accepted certificate; or
342	342	(3) enlisted in the armed forces of the United States.
343	343	SECTION 1.016. Section 42.252(a), Education Code, is
344	344	amended to read as follows:
345	345	(a) Each school district's share of the Foundation School
346	346	Program is determined by the following formula:
347	347	LFA = TR X DPV
348	348	where:
349	349	"LFA" is the school district's local share;
350	350	"TR" is a tax rate which for each hundred dollars of valuation
351	351	is an effective tax rate of the amount equal to the product of the
352	352	state compression percentage, as determined under Section 42.2516,
353	353	multiplied by the lesser of:
354	354	(1) $1.50; or
355	355	(2) the maintenance and operations tax rate adopted by
356	356	the district for the 2005 tax year; and
357	357	"DPV" is the taxable value of property in the school district
358	358	for the current [preceding] tax year determined under Subchapter M,
359	359	Chapter 403, Government Code.
360	360	SECTION 1.017. Section 42.302(a-1), Education Code, is
361	361	amended to read as follows:
362	362	(a-1) For purposes of Subsection (a), the dollar amount
363	363	guaranteed level of state and local funds per weighted student per
364	364	cent of tax effort ("GL") for a school district is:
365	365	(1) the product of [greater of] the amount of district
366	366	tax revenue per weighted student per cent of tax effort [that would
367	367	be] available to a [the Austin Independent School District, as
368	368	determined by the commissioner in cooperation with the Legislative
369	369	Budget Board, if the reduction of the limitation on tax increases as
370	370	provided by Section 11.26(a-1), (a-2), or (a-3), Tax Code, did not
371	371	apply, or the amount of] district with maintenance and operations
372	372	tax revenue per weighted student per cent of tax effort equal to the
373	373	maximum amount provided per cent under Section 42.101(a) or (b)
374	374	multiplied by ______ [used for purposes of this subdivision in the
375	375	preceding school year], for the first six cents by which the
376	376	district's maintenance and operations tax rate exceeds the rate
377	377	equal to the sum of the product of the state compression percentage,
378	378	as determined under Section 42.2516, multiplied by the maintenance
379	379	and operations tax rate adopted by the district for the 2005 tax
380	380	year and any additional tax effort included in calculating the
381	381	district's compressed tax rate under Section 42.101(a-1); and
382	382	(2) the product of the amount of district tax revenue
383	383	per weighted student per cent of tax effort available to a district
384	384	with maintenance and operations tax revenue per cent of tax effort
385	385	equal to the maximum amount provided per cent under Section
386	386	42.101(a) or (b), multiplied by ______ [$31.95], for the district's
387	387	maintenance and operations tax effort that exceeds the amount of
388	388	tax effort described by Subdivision (1).
389	389	ARTICLE 2. PUBLIC EDUCATION
390	390	SECTION 2.001. Chapter 4, Education Code, is amended by
391	391	adding Section 4.003 to read as follows:
392	392	Sec. 4.003. 60x30TX GOALS. To further the state's master
393	393	plan developed under Section 61.051 for at least 60 percent of all
394	394	adults aged 25 to 34 in this state to achieve a postsecondary degree
395	395	or workforce credential by 2030, the following goals are
396	396	established:
397	397	(1) at least 60 percent of all public school students
398	398	shall perform satisfactorily on a third grade reading
399	399	multidimensional assessment included on the list adopted by the
400	400	commissioner under Section 42.162 by 2030; and
401	401	(2) at least 60 percent of all public school students
402	402	graduating high school shall meet college, career, and military
403	403	readiness standards by 2030.
404	404	SECTION 2.002. Subchapter B, Chapter 7, Education Code, is
405	405	amended by adding Section 7.038 to read as follows:
406	406	Sec. 7.038. 60x30TX PROGRESS REPORT. (a) Not later than
407	407	December 1 of each even-numbered year, the agency and the Texas
408	408	Higher Education Coordinating Board jointly shall prepare and
409	409	submit to the governor, the lieutenant governor, the speaker of the
410	410	house of representatives, and the standing legislative committees
411	411	with primary jurisdiction over public education a report assessing
412	412	the state's progress toward achieving the 60x30TX goals established
413	413	under Section 4.003.
414	414	(b) The report must:
415	415	(1) be combined with the Texas Higher Education
416	416	Coordinating Board's report on the state's master plan for higher
417	417	education required under Section 61.051(a-3);
418	418	(2) analyze progress made toward the 60x30TX goals
419	419	disaggregated by:
420	420	(A) household income;
421	421	(B) native language;
422	422	(C) ethnicity;
423	423	(D) gender; and
424	424	(E) any other demographic category identified by
425	425	the commissioner and the commissioner of higher education; and
426	426	(3) include recommendations for legislative or other
427	427	action, including statutory or funding changes, to assist the state
428	428	in meeting those goals.
429	429	SECTION 2.003. Section 11.252(a), Education Code, is
430	430	amended to read as follows:
431	431	(a) Each school district shall have a district improvement
432	432	plan that is developed, evaluated, and revised annually, in
433	433	accordance with district policy, by the superintendent with the
434	434	assistance of the district-level committee established under
435	435	Section 11.251. The purpose of the district improvement plan is to
436	436	guide district and campus staff in the improvement of student
437	437	performance for all student groups in order to attain state
438	438	standards in respect to the achievement indicators adopted under
439	439	Section 39.053(c). The district improvement plan must be aligned
440	440	with the 60x30TX district plans developed under Section 11.2522 and
441	441	include provisions for:
442	442	(1) a comprehensive needs assessment addressing
443	443	district student performance on the achievement indicators, and
444	444	other appropriate measures of performance, that are disaggregated
445	445	by all student groups served by the district, including categories
446	446	of ethnicity, socioeconomic status, sex, and populations served by
447	447	special programs, including students in special education programs
448	448	under Subchapter A, Chapter 29;
449	449	(2) measurable district performance objectives for
450	450	all appropriate achievement indicators for all student
451	451	populations, including students in special education programs
452	452	under Subchapter A, Chapter 29, and other measures of student
453	453	performance that may be identified through the comprehensive needs
454	454	assessment;
455	455	(3) strategies for improvement of student performance
456	456	that include:
457	457	(A) instructional methods for addressing the
458	458	needs of student groups not achieving their full potential;
459	459	(B) methods for addressing the needs of students
460	460	for special programs, including:
461	461	(i) suicide prevention programs, in
462	462	accordance with Subchapter O-1, Chapter 161, Health and Safety
463	463	Code, which includes a parental or guardian notification procedure;
464	464	(ii) conflict resolution programs;
465	465	(iii) violence prevention programs; and
466	466	(iv) dyslexia treatment programs;
467	467	(C) dropout reduction;
468	468	(D) integration of technology in instructional
469	469	and administrative programs;
470	470	(E) discipline management;
471	471	(F) staff development for professional staff of
472	472	the district;
473	473	(G) career education to assist students in
474	474	developing the knowledge, skills, and competencies necessary for a
475	475	broad range of career opportunities; and
476	476	(H) accelerated education;
477	477	(4) strategies for providing to middle school, junior
478	478	high school, and high school students, those students' teachers and
479	479	school counselors, and those students' parents information about:
480	480	(A) higher education admissions and financial
481	481	aid opportunities;
482	482	(B) the TEXAS grant program and the Teach for
483	483	Texas grant program established under Chapter 56;
484	484	(C) the need for students to make informed
485	485	curriculum choices to be prepared for success beyond high school;
486	486	and
487	487	(D) sources of information on higher education
488	488	admissions and financial aid;
489	489	(5) resources needed to implement identified
490	490	strategies;
491	491	(6) staff responsible for ensuring the accomplishment
492	492	of each strategy;
493	493	(7) timelines for ongoing monitoring of the
494	494	implementation of each improvement strategy;
495	495	(8) formative evaluation criteria for determining
496	496	periodically whether strategies are resulting in intended
497	497	improvement of student performance; and
498	498	(9) the policy under Section 38.0041 addressing sexual
499	499	abuse and other maltreatment of children.
500	500	SECTION 2.004. Subchapter F, Chapter 11, Education Code, is
501	501	amended by adding Section 11.2522 to read as follows:
502	502	Sec. 11.2522. 60x30TX DISTRICT PLANS. (a) In addition to
503	503	the district improvement plan developed under Section 11.252, each
504	504	school district shall develop three-year and five-year district
505	505	plans for achieving the 60x30TX goals established under Section
506	506	4.003.
507	507	(b) Each plan developed under Subsection (a) must identify
508	508	student achievement goals for each of the following demographic
509	509	categories:
510	510	(1) household income;
511	511	(2) native language;
512	512	(3) ethnicity;
513	513	(4) gender; and
514	514	(5) any other demographic category identified by the
515	515	commissioner.
516	516	(c) Not later than September 1 of each year, each school
517	517	district shall submit to the agency and post on the district's
518	518	Internet website a report assessing the progress of the district
519	519	and each campus in the district toward achieving the goals
520	520	identified in the district's plans developed under Subsection (a).
521	521	(d) The commissioner may adopt rules as necessary to
522	522	implement this section.
523	523	SECTION 2.005. Section 11.253(d), Education Code, is
524	524	amended to read as follows:
525	525	(d) Each campus improvement plan must be aligned with the
526	526	60x30TX district plans developed under Section 11.2522 and:
527	527	(1) assess the academic achievement for each student
528	528	in the school using the achievement indicator system as described
529	529	by Section 39.053;
530	530	(2) set the campus performance objectives based on the
531	531	achievement indicator system, including objectives for special
532	532	needs populations, including students in special education
533	533	programs under Subchapter A, Chapter 29;
534	534	(3) identify how the campus goals will be met for each
535	535	student;
536	536	(4) determine the resources needed to implement the
537	537	plan;
538	538	(5) identify staff needed to implement the plan;
539	539	(6) set timelines for reaching the goals;
540	540	(7) measure progress toward the performance
541	541	objectives periodically to ensure that the plan is resulting in
542	542	academic improvement;
543	543	(8) include goals and methods for violence prevention
544	544	and intervention on campus;
545	545	(9) provide for a program to encourage parental
546	546	involvement at the campus; and
547	547	(10) if the campus is an elementary, middle, or junior
548	548	high school, set goals and objectives for the coordinated health
549	549	program at the campus based on:
550	550	(A) student fitness assessment data, including
551	551	any data from research-based assessments such as the school health
552	552	index assessment and planning tool created by the federal Centers
553	553	for Disease Control and Prevention;
554	554	(B) student academic performance data;
555	555	(C) student attendance rates;
556	556	(D) the percentage of students who are
557	557	educationally disadvantaged;
558	558	(E) the use and success of any method to ensure
559	559	that students participate in moderate to vigorous physical activity
560	560	as required by Section 28.002(l); and
561	561	(F) any other indicator recommended by the local
562	562	school health advisory council.
563	563	SECTION 2.006. Section 12.104(b), Education Code, as
564	564	amended by Chapters 324 (S.B. 1488), 522 (S.B. 179), and 735 (S.B.
565	565	1153), Acts of the 85th Legislature, Regular Session, 2017, is
566	566	reenacted and amended to read as follows:
567	567	(b) An open-enrollment charter school is subject to:
568	568	(1) a provision of this title establishing a criminal
569	569	offense; and
570	570	(2) a prohibition, restriction, or requirement, as
571	571	applicable, imposed by this title or a rule adopted under this
572	572	title, relating to:
573	573	(A) the Public Education Information Management
574	574	System (PEIMS) to the extent necessary to monitor compliance with
575	575	this subchapter as determined by the commissioner;
576	576	(B) criminal history records under Subchapter C,
577	577	Chapter 22;
578	578	(C) reading instruments and accelerated reading
579	579	instruction programs under Section 28.006;
580	580	(D) accelerated instruction under Section
581	581	28.0211;
582	582	(E) high school graduation requirements under
583	583	Section 28.025;
584	584	(F) special education programs under Subchapter
585	585	A, Chapter 29;
586	586	(G) bilingual education under Subchapter B,
587	587	Chapter 29;
588	588	(H) prekindergarten programs under Subchapter E
589	589	or E-1, Chapter 29;
590	590	(I) extracurricular activities under Section
591	591	33.081;
592	592	(J) discipline management practices or behavior
593	593	management techniques under Section 37.0021;
594	594	(K) health and safety under Chapter 38;
595	595	(L) public school accountability under
596	596	Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A;
597	597	(M) the requirement under Section 21.006 to
598	598	report an educator's misconduct;
599	599	(N) intensive programs of instruction under
600	600	Section 28.0213;
601	601	(O) the right of a school employee to report a
602	602	crime, as provided by Section 37.148; [and]
603	603	(P) bullying prevention policies and procedures
604	604	under Section 37.0832;
605	605	(Q) the right of a school under Section 37.0052
606	606	to place a student who has engaged in certain bullying behavior in a
607	607	disciplinary alternative education program or to expel the student;
608	608	[and]
609	609	(R) the right under Section 37.0151 to report to
610	610	local law enforcement certain conduct constituting assault or
611	611	harassment;
612	612	(S) [(P)] a parent's right to information
613	613	regarding the provision of assistance for learning difficulties to
614	614	the parent's child as provided by Sections 26.004(b)(11) and
615	615	26.0081(c) and (d); and
616	616	(T) the 60x30TX plans under Section 11.2522.
617	617	SECTION 2.007. Subchapter H, Chapter 21, Education Code, is
618	618	amended by adding Section 21.360 to read as follows:
619	619	Sec. 21.360. EDUCATOR EFFECTIVENESS PROGRAM. (a) A school
620	620	district may submit a request to the commissioner for state funding
621	621	under this section to assist the district in providing merit salary
622	622	increases under an educator effectiveness program approved by the
623	623	agency and implemented by the district.
624	624	(b) An educator effectiveness program must provide merit
625	625	salary increases to educators based on an evaluation of the
626	626	effectiveness of the educator under a multi-measure system
627	627	developed by the district in partnership with stakeholders and the
628	628	district's educators that includes measures that account for:
629	629	(1) campus leader observations;
630	630	(2) teacher peer review;
631	631	(3) student surveys; and
632	632	(4) student academic growth.
633	633	(c) A school district must award higher merit salary
634	634	increases under the district's educator effectiveness program to
635	635	highly effective educators who are assigned to campuses with poor
636	636	overall or domain performance ratings under Section 39.054.
637	637	(d) To be eligible to receive funding for an educator
638	638	effectiveness program under this section, a school district may:
639	639	(1) implement a program developed by the agency;
640	640	(2) collaborate with other school districts to develop
641	641	a program to be approved by the agency; or
642	642	(3) develop a program to be approved by the agency.
643	643	(e) From funds appropriated for that purpose, the
644	644	commissioner shall provide funding under this section in accordance
645	645	with rules adopted by the commissioner. If funds are not available
646	646	to provide funding to each school district that submits a request
647	647	under Subsection (b), the commissioner shall give priority to:
648	648	(1) school districts with the highest proportion of
649	649	economically disadvantaged students; and
650	650	(2) school districts with the highest number of
651	651	campuses assigned an overall performance rating of F under Section
652	652	39.054.
653	653	(f) From funds provided to a school district under this
654	654	section, the district shall use:
655	655	(1) a small percentage of the funds to:
656	656	(A) provide signing bonuses to new classroom
657	657	teachers who attend educator preparation programs;
658	658	(B) implement a mentoring program in which
659	659	classroom teachers receiving merit salary increases under the
660	660	district's educator effectiveness program mentor students and new
661	661	classroom teachers; and
662	662	(C) pay for costs associated with the development
663	663	and implementation of the district's educator effectiveness
664	664	program; and
665	665	(2) a small percentage of the funds, which may not be
666	666	more than three percent, to provide merit salary increases to
667	667	outstanding principals as determined under the educator
668	668	effectiveness program.
669	669	(g) The percentage of classroom teachers in this state
670	670	receiving a merit salary increase under this section may not
671	671	exceed:
672	672	(1) for the 2019-2020 school year, 10 percent;
673	673	(2) for the 2020-2021 school year, 20 percent;
674	674	(3) for the 2021-2022 school year, 30 percent;
675	675	(4) for the 2022-2023 school year, 40 percent;
676	676	(5) for the 2023-2024 school year, 50 percent;
677	677	(6) for the 2024-2025 school year, 60 percent;
678	678	(7) for the 2025-2026 school year, 70 percent;
679	679	(8) for the 2026-2027 school year, 80 percent;
680	680	(9) for the 2027-2028 school year, 90 percent; and
681	681	(10) for the 2028-2029 school year and each subsequent
682	682	school year, 100 percent.
683	683	(h) A school district that receives funding for the
684	684	district's educator effectiveness program under this section must
685	685	annually submit to the agency a report providing the number,
686	686	percentage, and retention rate of educators employed by the
687	687	district under the educator effectiveness program.
688	688	SECTION 2.008. Section 28.006(d), Education Code, is
689	689	amended to read as follows:
690	690	(d) The superintendent of each school district shall:
691	691	(1) report to the commissioner and the board of
692	692	trustees of the district the results of the reading instruments;
693	693	(2) not later than the 60th day after the date on which
694	694	a reading instrument was administered report, in writing, to a
695	695	student's parent or guardian the student's results on the [reading]
696	696	instrument; and
697	697	(3) using the school readiness certification system
698	698	provided to the school district in accordance with Section
699	699	29.161(e), report electronically each student's raw score on the
700	700	reading instrument to the agency for use in the school readiness
701	701	certification system.
702	702	SECTION 2.009. Section 28.025(c), Education Code, is
703	703	amended to read as follows:
704	704	(c) A person may receive a diploma if the person is eligible
705	705	for a diploma under Section 28.0251. In other cases, a student may
706	706	graduate and receive a diploma only if:
707	707	(1) the student successfully completes the curriculum
708	708	requirements identified by the State Board of Education under
709	709	Subsection (a) and complies with Sections 28.0256 and [Section]
710	710	39.025; or
711	711	(2) the student successfully completes an
712	712	individualized education program developed under Section 29.005.
713	713	SECTION 2.010. Subchapter B, Chapter 28, Education Code, is
714	714	amended by adding Section 28.0256 to read as follows:
715	715	Sec. 28.0256. FINANCIAL AID APPLICATION REQUIREMENT FOR
716	716	HIGH SCHOOL GRADUATION. (a) Before graduating from high school,
717	717	each student must complete and submit a free application for
718	718	federal student aid (FAFSA) or, if applicable, a Texas application
719	719	for state financial aid (TASFA).
720	720	(b) A student is not required to comply with Subsection (a)
721	721	if:
722	722	(1) the student's parent or other person standing in
723	723	parental relation submits a signed form indicating that the parent
724	724	or other person authorizes the student to decline to complete and
725	725	submit the financial aid application; or
726	726	(2) the student signs and submits the form described
727	727	by Subdivision (1) on the student's own behalf if the student is 18
728	728	years of age or older or the student's disabilities of minority have
729	729	been removed for general purposes under Chapter 31, Family Code.
730	730	(c) A school district or open-enrollment charter school
731	731	shall adopt a form to be used for purposes of Subsection (b).
732	732	SECTION 2.011. Subchapter D, Chapter 29, Education Code, is
733	733	amended by adding Section 29.124 to read as follows:
734	734	Sec. 29.124. REPORT. (a) Not later than December 1 of each
735	735	year, the agency shall submit to the legislature a report comparing
736	736	the number of students identified as gifted and talented students
737	737	during each of the two preceding school years.
738	738	(b) The report must include any recommendations for
739	739	legislative or other action necessary to ensure that the number of
740	740	students identified as gifted and talented students does not
741	741	decline for any school year.
742	742	SECTION 2.012. Section 29.153, Education Code, is amended
743	743	by amending Subsections (b), (c), (d), and (f) and adding
744	744	Subsections (c-1) and (d-1) to read as follows:
745	745	(b) A child is eligible for enrollment in a prekindergarten
746	746	class under this section if the child is at least three years of age
747	747	and:
748	748	(1) is unable to speak and comprehend the English
749	749	language;
750	750	(2) is educationally disadvantaged;
751	751	(3) is a homeless child, as defined by 42 U.S.C.
752	752	Section 11434a, regardless of the residence of the child, of either
753	753	parent of the child, or of the child's guardian or other person
754	754	having lawful control of the child;
755	755	(4) is the child of an active duty member of the armed
756	756	forces of the United States, including the state military forces or
757	757	a reserve component of the armed forces, who is ordered to active
758	758	duty by proper authority;
759	759	(5) is the child of a member of the armed forces of the
760	760	United States, including the state military forces or a reserve
761	761	component of the armed forces, who was injured or killed while
762	762	serving on active duty;
763	763	(6) is or ever has been in the conservatorship of the
764	764	Department of Family and Protective Services following an adversary
765	765	hearing held as provided by Section 262.201, Family Code; [or]
766	766	(7) is the child of a person eligible for the Star of
767	767	Texas Award as:
768	768	(A) a peace officer under Section 3106.002,
769	769	Government Code;
770	770	(B) a firefighter under Section 3106.003,
771	771	Government Code; or
772	772	(C) an emergency medical first responder under
773	773	Section 3106.004, Government Code; or
774	774	(8) is the child of an educator employed by a school
775	775	district in this state.
776	776	(c) A prekindergarten class under this section may [shall]
777	777	be operated on a half-day basis for children under four years of age
778	778	and shall be operated on a full-day basis for children who are at
779	779	least four years of age. A district is not required to provide
780	780	transportation for a prekindergarten class, but transportation, if
781	781	provided, is included for funding purposes as part of the regular
782	782	transportation system.
783	783	(c-1) A prekindergarten class under this section for
784	784	children who are least four years of age must comply with the
785	785	program standards required for high quality prekindergarten
786	786	programs under Subchapter E-1.
787	787	(d) On application of a district, the commissioner may
788	788	exempt a district from the application of all or any part of this
789	789	section, including all or any part of Subchapter E-1 for a
790	790	prekindergarten class described by Subsection (c-1), if the
791	791	commissioner determines that:
792	792	(1) the district would be required to construct
793	793	classroom facilities in order to provide prekindergarten classes;
794	794	or
795	795	(2) implementing any part of this section would result
796	796	in fewer eligible children being enrolled in a prekindergarten
797	797	class under this section.
798	798	(d-1) If the number of children who are eligible for
799	799	enrollment in a prekindergarten class offered by a school district
800	800	under this section exceeds the total number of open seats available
801	801	in prekindergarten classes in the district, the district shall give
802	802	enrollment preference to children who are eligible for enrollment
803	803	under Subsection (b)(1), (2), (3), (4), (5), (6), or (7).
804	804	(f) A child who is eligible for enrollment in a
805	805	prekindergarten class under Subsection (b)(4), [or] (5), or (8)
806	806	remains eligible for enrollment after the child begins a
807	807	prekindergarten class if, as applicable, the child's parent:
808	808	(1) leaves the armed forces;
809	809	(2) [, or] is no longer on active duty; or
810	810	(3) is no longer employed as an educator by a school
811	811	district in this state[, after the child begins a prekindergarten
812	812	class].
813	813	SECTION 2.013. Section 29.1531(a), Education Code, is
814	814	amended to read as follows:
815	815	(a) A school district may offer on a tuition basis or use
816	816	district funds to provide:
817	817	(1) an additional half-day of prekindergarten classes
818	818	to children who are eligible for classes under Section 29.153 and
819	819	are under four years of age; and
820	820	(2) half-day and full-day prekindergarten classes to
821	821	children not eligible for classes under Section 29.153.
822	822	SECTION 2.014. Section 29.1543, Education Code, is amended
823	823	to read as follows:
824	824	Sec. 29.1543. EARLY EDUCATION REPORTS. The agency shall
825	825	produce and make available to the public on the agency's Internet
826	826	website annual district and campus-level reports containing
827	827	information from the previous school year on early education in
828	828	school districts and open-enrollment charter schools. A report
829	829	under this section must contain:
830	830	(1) the information required by Section 29.1532(c) to
831	831	be reported through the Public Education Information Management
832	832	System (PEIMS);
833	833	(2) a description of the diagnostic reading
834	834	instruments administered in accordance with Section 28.006(c);
835	835	(3) the number of students who were administered a
836	836	diagnostic reading instrument administered in accordance with
837	837	Section 28.006(c);
838	838	(4) the number of students whose scores from a
839	839	diagnostic reading instrument administered in accordance with
840	840	Section 28.006(c) indicate reading proficiency; [and]
841	841	(5) the number of kindergarten students who were
842	842	enrolled in a prekindergarten program in the previous school year
843	843	in the same district or school as the district or school in which
844	844	the student attends kindergarten; and
845	845	(6) the number and percentage of students who perform
846	846	satisfactorily on a third grade reading multidimensional
847	847	assessment included on the list adopted by the commissioner under
848	848	Section 42.162, disaggregated by whether the student was eligible
849	849	for free prekindergarten under Section 29.153 and whether the
850	850	student attended kindergarten in the district.
851	851	SECTION 2.015. The heading to Subchapter E-1, Chapter 29,
852	852	Education Code, is amended to read as follows:
853	853	SUBCHAPTER E-1. HIGH QUALITY PREKINDERGARTEN [GRANT] PROGRAM
854	854	REQUIREMENTS
855	855	SECTION 2.016. Section 29.164, Education Code, is amended
856	856	to read as follows:
857	857	Sec. 29.164. DEFINITION. In this subchapter, "program"
858	858	means a high quality prekindergarten [grant] program required under
859	859	Section 29.153(c-1) to be provided free of tuition or fees in
860	860	accordance with this subchapter.
861	861	SECTION 2.017. Section 29.167(a), Education Code, is
862	862	amended to read as follows:
863	863	(a) A school district shall select and implement a
864	864	curriculum for a prekindergarten [grant] program [under this
865	865	subchapter] that:
866	866	(1) includes the prekindergarten guidelines
867	867	established by the agency;
868	868	(2) measures the progress of students in meeting the
869	869	recommended learning outcomes; and
870	870	(3) does not use national curriculum standards
871	871	developed by the Common Core State Standards Initiative.
872	872	SECTION 2.018. Section 29.170(a), Education Code, is
873	873	amended to read as follows:
874	874	(a) The commissioner shall evaluate the use and
875	875	effectiveness of prekindergarten funding [provided under this
876	876	subchapter] in improving student learning. The commissioner shall
877	877	identify effective instruction strategies implemented by school
878	878	districts under this subchapter.
879	879	SECTION 2.019. Section 29.171(a), Education Code, is
880	880	amended to read as follows:
881	881	(a) A school district that offers a prekindergarten
882	882	[participating in the grant] program under this subchapter may
883	883	enter into a contract with an eligible private provider to provide
884	884	services or equipment for the program.
885	885	SECTION 2.020. Subchapter Z, Chapter 29, Education Code, is
886	886	amended by adding Section 29.924 to read as follows:
887	887	Sec. 29.924. BLENDED LEARNING MATERIALS. (a) In this
888	888	section, "blended learning" means an instructional delivery method
889	889	that combines classroom and online instruction.
890	890	(b) The commissioner shall develop a list of professional
891	891	development materials for use by school districts that assist
892	892	educators in implementing blended learning. The materials must be
893	893	based on best practices for blended learning.
894	894	SECTION 2.021. Sections 39.0261(a), (e), and (f), Education
895	895	Code, are amended to read as follows:
896	896	(a) In addition to the assessment instruments otherwise
897	897	authorized or required by this subchapter:
898	898	(1) each school year and at state cost, a school
899	899	district may administer to students in the spring of the eighth
900	900	grade an established, valid, reliable, and nationally
901	901	norm-referenced preliminary college preparation assessment
902	902	instrument for the purpose of diagnosing the academic strengths and
903	903	deficiencies of students before entrance into high school;
904	904	(2) each school year and at state cost, a school
905	905	district may administer to students in the 10th grade an
906	906	established, valid, reliable, and nationally norm-referenced
907	907	preliminary college preparation assessment instrument for the
908	908	purpose of measuring a student's progress toward readiness for
909	909	college and the workplace; and
910	910	(3) high school students in the spring of the 11th
911	911	grade or during the 12th grade may select and take once, at state
912	912	cost:
913	913	(A) [,] one of the valid, reliable, and
914	914	nationally norm-referenced assessment instruments used by colleges
915	915	and universities as part of their undergraduate admissions
916	916	processes; or
917	917	(B) the assessment instrument designated by the
918	918	Texas Higher Education Coordinating Board under Section 51.334.
919	919	(e) Subsection (a)(3) does not prohibit a high school
920	920	student [in the spring of the 11th grade or during the 12th grade]
921	921	from selecting and taking, at the student's own expense, an
922	922	assessment instrument described by that subdivision [one of the
923	923	valid, reliable, and nationally norm-referenced assessment
924	924	instruments used by colleges and universities as part of their
925	925	undergraduate admissions processes more than once].
926	926	(f) The provisions of this section regarding assessment
927	927	instruments administered under Subsection (a)(1) or (2) apply only
928	928	if the legislature appropriates funds for those purposes [of this
929	929	section].
930	930	SECTION 2.022. Section 39A.105, Education Code, is amended
931	931	to read as follows:
932	932	Sec. 39A.105. CONTENTS OF CAMPUS TURNAROUND PLAN. (a) A
933	933	campus turnaround plan must include:
934	934	(1) details on the method for restructuring,
935	935	reforming, or reconstituting the campus;
936	936	(2) a detailed description of the academic programs to
937	937	be offered at the campus, including:
938	938	(A) instructional methods;
939	939	(B) length of school day and school year;
940	940	(C) academic credit and promotion criteria; and
941	941	(D) programs to serve special student
942	942	populations;
943	943	(3) if a district charter is to be granted for the
944	944	campus under Section 12.0522:
945	945	(A) the term of the charter; and
946	946	(B) information on the implementation of the
947	947	charter;
948	948	(4) written comments from:
949	949	(A) the campus-level committee established under
950	950	Section 11.251, if applicable;
951	951	(B) parents; and
952	952	(C) teachers at the campus; and
953	953	(5) a detailed description of the budget, staffing,
954	954	and financial resources required to implement the plan, including
955	955	any supplemental resources to be provided by the school district or
956	956	other identified sources.
957	957	(b) If the campus is an elementary or middle school campus,
958	958	the campus may submit a campus turnaround plan that provides for
959	959	staffing of the campus with highly effective educators if the
960	960	campus has implemented an educator effectiveness program under
961	961	Section 21.360. From funds appropriated for that purpose, the
962	962	commissioner shall provide matching funds to the school district at
963	963	which the campus is located for a campus that submits a campus
964	964	turnaround plan that includes the provisions of this subsection.
965	965	ARTICLE 3. CONFORMING CHANGES
966	966	SECTION 3.001. Section 7.062(c), Education Code, is amended
967	967	to read as follows:
968	968	(c) Except as otherwise provided by this subsection, if the
969	969	commissioner certifies that the amount appropriated for a state
970	970	fiscal year for purposes of Subchapters A and B, Chapter 46, exceeds
971	971	the amount to which school districts are entitled under those
972	972	subchapters for that year, the commissioner shall use the excess
973	973	funds, in an amount not to exceed $20 million in any state fiscal
974	974	year, for the purpose of making grants under this section. The use
975	975	of excess funds under this subsection has priority over any
976	976	provision of Chapter 42 that permits or directs the use of excess
977	977	foundation school program funds, including Sections [42.2517,]
978	978	42.2521, 42.2522, and 42.2531. The commissioner is required to use
979	979	excess funds as provided by this subsection only if the
980	980	commissioner is not required to reduce the total amount of state
981	981	funds allocated to school districts under Section 42.253(h).
982	982	SECTION 3.002. Section 8.051(d), Education Code, is amended
983	983	to read as follows:
984	984	(d) Each regional education service center shall maintain
985	985	core services for purchase by school districts and campuses. The
986	986	core services are:
987	987	(1) training and assistance in:
988	988	(A) teaching each subject area assessed under
989	989	Section 39.023; and
990	990	(B) providing instruction in personal financial
991	991	literacy as required under Section 28.0021;
992	992	(2) training and assistance in providing a gifted and
993	993	talented program and each program that qualifies for a funding
994	994	allotment under Section 42.151, 42.152, or 42.153[, or 42.156];
995	995	(3) assistance specifically designed for a school
996	996	district or campus assigned an unacceptable performance rating
997	997	under Section 39.054;
998	998	(4) training and assistance to teachers,
999	999	administrators, members of district boards of trustees, and members
1000	1000	of site-based decision-making committees;
1001	1001	(5) assistance specifically designed for a school
1002	1002	district that is considered out of compliance with state or federal
1003	1003	special education requirements, based on the agency's most recent
1004	1004	compliance review of the district's special education programs; and
1005	1005	(6) assistance in complying with state laws and rules.
1006	1006	SECTION 3.003. Section 12.106(a-1), Education Code, is
1007	1007	amended to read as follows:
1008	1008	(a-1) In determining funding for an open-enrollment charter
1009	1009	school under Subsection (a):
1010	1010	(1) the adjustment [adjustments] under Section
1011	1011	[Sections 42.102, 42.104, and] 42.105 is [are] based on the average
1012	1012	adjustment for the state; and
1013	1013	(2) the charter holder is entitled to an [the]
1014	1014	adjustment under former Section 42.103 [is] based on the average
1015	1015	adjustment for the state that would have been provided under that
1016	1016	section as it existed on January 1, 2018.
1017	1017	SECTION 3.004. Section 29.014(d), Education Code, is
1018	1018	amended to read as follows:
1019	1019	(d) The basic allotment for a student enrolled in a district
1020	1020	to which this section applies is adjusted by[:
1021	1021	[(1) the cost of education adjustment under Section
1022	1022	42.102 for the school district in which the district is
1023	1023	geographically located; and
1024	1024	[(2)] the weight for a homebound student under Section
1025	1025	42.151(a).
1026	1026	SECTION 3.005. Sections 29.918(a) and (b), Education Code,
1027	1027	are amended to read as follows:
1028	1028	(a) Notwithstanding Section [39.234 or] 42.152, a school
1029	1029	district or open-enrollment charter school with a high dropout
1030	1030	rate, as determined by the commissioner, must submit a plan to the
1031	1031	commissioner describing the manner in which the district or charter
1032	1032	school intends to use the compensatory education allotment under
1033	1033	Section 42.152 [and the high school allotment under Section 42.160]
1034	1034	for developing and implementing research-based strategies for
1035	1035	dropout prevention. The district or charter school shall submit
1036	1036	the plan not later than December 1 of each school year preceding the
1037	1037	school year in which the district or charter school will receive the
1038	1038	compensatory education allotment [or high school allotment] to
1039	1039	which the plan applies.
1040	1040	(b) A school district or open-enrollment charter school to
1041	1041	which this section applies may not spend or obligate more than 25
1042	1042	percent of the district's or charter school's compensatory
1043	1043	education allotment [or high school allotment] unless the
1044	1044	commissioner approves the plan submitted under Subsection
1045	1045	(a). The commissioner shall complete an initial review of the
1046	1046	district's or charter school's plan not later than March 1 of the
1047	1047	school year preceding the school year in which the district or
1048	1048	charter school will receive the compensatory education allotment
1049	1049	[or high school allotment] to which the plan applies.
1050	1050	SECTION 3.006. Section 39.0233(a), Education Code, is
1051	1051	amended to read as follows:
1052	1052	(a) The agency, in coordination with the Texas Higher
1053	1053	Education Coordinating Board, shall adopt a series of questions to
1054	1054	be included in an end-of-course assessment instrument administered
1055	1055	under Section 39.023(c) to be used for purposes of Subchapter F-1,
1056	1056	Chapter 51. The questions adopted under this subsection must be
1057	1057	developed in a manner consistent with any college readiness
1058	1058	standards adopted under [Section 39.233 and] Subchapter F-1,
1059	1059	Chapter 51.
1060	1060	SECTION 3.007. Section 41.034(a), Education Code, is
1061	1061	amended to read as follows:
1062	1062	(a) For the first and second school years after creation of
1063	1063	a consolidated district under this subchapter, the commissioner
1064	1064	shall:
1065	1065	(1) adjust allotments to the consolidated district to
1066	1066	the extent necessary to preserve the effects of an adjustment under
1067	1067	Section [42.102, 42.103, or] 42.105 to which either of the
1068	1068	consolidating districts would have been entitled but for the
1069	1069	consolidation; and
1070	1070	(2) if either of the consolidating districts would
1071	1071	have been entitled to an allotment under Section 42.164 but for the
1072	1072	consolidation, adjust allotments to the consolidated district in
1073	1073	the amount of the allotment to which the district would have been
1074	1074	entitled under that section.
1075	1075	SECTION 3.008. Section 41.099(a), Education Code, is
1076	1076	amended to read as follows:
1077	1077	(a) Sections [41.002(e),] 41.094 and[,] 41.097[, and
1078	1078	41.098] apply only to a district that:
1079	1079	(1) executes an agreement to purchase all attendance
1080	1080	credits necessary to reduce the district's wealth per student to
1081	1081	the equalized wealth level;
1082	1082	(2) executes an agreement to purchase attendance
1083	1083	credits and an agreement under Subchapter E to contract for the
1084	1084	education of nonresident students who transfer to and are educated
1085	1085	in the district but who are not charged tuition; or
1086	1086	(3) executes an agreement under Subchapter E to
1087	1087	contract for the education of nonresident students:
1088	1088	(A) to an extent that does not provide more than
1089	1089	10 percent of the reduction in wealth per student required for the
1090	1090	district to achieve a wealth per student that is equal to or less
1091	1091	than the equalized wealth level; and
1092	1092	(B) under which all revenue paid by the district
1093	1093	to other districts, in excess of the reduction in state aid that
1094	1094	results from counting the weighted average daily attendance of the
1095	1095	students served in the contracting district, is required to be used
1096	1096	for funding a consortium of at least three districts in a county
1097	1097	with a population of less than 40,000 that is formed to support a
1098	1098	technology initiative.
1099	1099	SECTION 3.009. Section 41.257, Education Code, is amended
1100	1100	to read as follows:
1101	1101	Sec. 41.257. APPLICATION OF SPARSITY ADJUSTMENT [SMALL AND
1102	1102	SPARSE ADJUSTMENTS] AND TRANSPORTATION AND SMALL DISTRICT
1103	1103	ALLOTMENTS [ALLOTMENT]. The budget of the consolidated district
1104	1104	must apply the benefit of the adjustment or allotment to the schools
1105	1105	of the consolidating district to which Section [42.103,] 42.105,
1106	1106	[or] 42.155, or 42.164 would have applied in the event that the
1107	1107	consolidated district still qualifies as a small or sparse
1108	1108	district.
1109	1109	SECTION 3.010. Section 42.007(c), Education Code, is
1110	1110	amended to read as follows:
1111	1111	(c) The funding elements must include:
1112	1112	(1) a basic allotment for the purposes of Section
1113	1113	42.101 that, when combined with the guaranteed yield component
1114	1114	provided by Subchapter F, represents the cost per student of a
1115	1115	regular education program that meets all mandates of law and
1116	1116	regulation;
1117	1117	(2) [adjustments designed to reflect the variation in
1118	1118	known resource costs and costs of education beyond the control of
1119	1119	school districts;
1120	1120	[(3)] appropriate program cost differentials and
1121	1121	other funding elements for the programs authorized under Subchapter
1122	1122	C, with the program funding level expressed as dollar amounts and as
1123	1123	weights applied to the [adjusted] basic allotment for the
1124	1124	appropriate year;
1125	1125	(3) [(4)] the maximum guaranteed level of qualified
1126	1126	state and local funds per student for the purposes of Subchapter F;
1127	1127	(4) [(5)] the enrichment [and facilities] tax rate
1128	1128	under Subchapter F;
1129	1129	(5) [(6)] the computation of students in weighted
1130	1130	average daily attendance under Section 42.302; and
1131	1131	(6) [(7)] the amount to be appropriated for the school
1132	1132	facilities assistance program under Chapter 46.
1133	1133	SECTION 3.011. Sections 42.105(a) and (c), Education Code,
1134	1134	are amended to read as follows:
1135	1135	(a) Notwithstanding Section [Sections] 42.101[, 42.102, and
1136	1136	42.103], a school district that has fewer than 130 students in
1137	1137	average daily attendance shall be provided a [an adjusted] basic
1138	1138	allotment on the basis of 130 students in average daily attendance
1139	1139	if it offers a kindergarten through grade 12 program and has
1140	1140	preceding or current year's average daily attendance of at least 90
1141	1141	students or is 30 miles or more by bus route from the nearest high
1142	1142	school district. A district offering a kindergarten through grade
1143	1143	8 program whose preceding or current year's average daily
1144	1144	attendance was at least 50 students or which is 30 miles or more by
1145	1145	bus route from the nearest high school district shall be provided a
1146	1146	[an adjusted] basic allotment on the basis of 75 students in average
1147	1147	daily attendance. An average daily attendance of 60 students shall
1148	1148	be the basis of providing the [adjusted] basic allotment if a
1149	1149	district offers a kindergarten through grade 6 program and has
1150	1150	preceding or current year's average daily attendance of at least 40
1151	1151	students or is 30 miles or more by bus route from the nearest high
1152	1152	school district.
1153	1153	(c) Notwithstanding Subsection (a) or Section [Sections]
1154	1154	42.101[, 42.102, and 42.103], a school district to which this
1155	1155	subsection applies, as provided by Subsection (b), that has fewer
1156	1156	than 130 students in average daily attendance shall be provided a
1157	1157	[an adjusted] basic allotment on the basis of 130 students in
1158	1158	average daily attendance if it offers a kindergarten through grade
1159	1159	four program and has preceding or current year's average daily
1160	1160	attendance of at least 75 students or is 30 miles or more by bus
1161	1161	route from the nearest high school district.
1162	1162	SECTION 3.012. Sections 42.151(a) and (k), Education Code,
1163	1163	are amended to read as follows:
1164	1164	(a) For each student in average daily attendance in a
1165	1165	special education program under Subchapter A, Chapter 29, in a
1166	1166	mainstream instructional arrangement, a school district is
1167	1167	entitled to an annual allotment equal to the [adjusted] basic
1168	1168	allotment multiplied by 1.1. For each full-time equivalent student
1169	1169	in average daily attendance in a special education program under
1170	1170	Subchapter A, Chapter 29, in an instructional arrangement other
1171	1171	than a mainstream instructional arrangement, a district is entitled
1172	1172	to an annual allotment equal to the [adjusted] basic allotment
1173	1173	multiplied by a weight determined according to instructional
1174	1174	arrangement as follows:
1175	1175	Homebound5.0
1176	1176	Hospital class3.0
1177	1177	Speech therapy5.0
1178	1178	Resource room3.0
1179	1179	Self-contained, mild and moderate,
1180	1180	regular campus3.0
1181	1181	Self-contained, severe, regular campus3.0
1182	1182	Off home campus2.7
1183	1183	Nonpublic day school1.7
1184	1184	Vocational adjustment class2.3
1185	1185	(k) A school district that provides an extended year program
1186	1186	required by federal law for special education students who may
1187	1187	regress is entitled to receive funds in an amount equal to 75
1188	1188	percent, or a lesser percentage determined by the commissioner, of
1189	1189	the [adjusted] basic allotment [or adjusted allotment, as
1190	1190	applicable,] for each full-time equivalent student in average daily
1191	1191	attendance, multiplied by the amount designated for the student's
1192	1192	instructional arrangement under this section, for each day the
1193	1193	program is provided divided by the number of days in the minimum
1194	1194	school year. The total amount of state funding for extended year
1195	1195	services under this section may not exceed $10 million per year. A
1196	1196	school district may use funds received under this section only in
1197	1197	providing an extended year program.
1198	1198	SECTION 3.013. Section 42.152(a), Education Code, is
1199	1199	amended to read as follows:
1200	1200	(a) For each student who is educationally disadvantaged or
1201	1201	who is a student who does not have a disability and resides in a
1202	1202	residential placement facility in a district in which the student's
1203	1203	parent or legal guardian does not reside, a district is entitled to
1204	1204	an annual allotment equal to the [adjusted] basic allotment
1205	1205	multiplied by 0.2, and by 2.41 for each full-time equivalent
1206	1206	student who is in a remedial and support program under Section
1207	1207	29.081 because the student is pregnant.
1208	1208	SECTION 3.014. Section 42.157(a), Education Code, is
1209	1209	amended to read as follows:
1210	1210	(a) Except as provided by Subsection (b), for each student
1211	1211	in average daily attendance who is using a public education grant
1212	1212	under Subchapter G, Chapter 29, to attend school in a district other
1213	1213	than the district in which the student resides, the district in
1214	1214	which the student attends school is entitled to an annual allotment
1215	1215	equal to the [adjusted] basic allotment multiplied by a weight of
1216	1216	0.1.
1217	1217	SECTION 3.015. Section 42.2518(a), Education Code, is
1218	1218	amended to read as follows:
1219	1219	(a) Beginning with the 2017-2018 school year, a school
1220	1220	district is entitled to additional state aid to the extent that
1221	1221	state and local revenue under this chapter and Chapter 41 is less
1222	1222	than the state and local revenue that would have been available to
1223	1223	the district under Chapter 41 and this chapter as those chapters
1224	1224	existed on September 1, 2015, excluding any state aid or adjustment
1225	1225	in wealth per student that would have been provided under former
1226	1226	Sections 41.002(e)-(g) or former Section 42.2516, if the increase
1227	1227	in the residence homestead exemption under Section 1-b(c), Article
1228	1228	VIII, Texas Constitution, and the additional limitation on tax
1229	1229	increases under Section 1-b(d) of that article as proposed by
1230	1230	S.J.R. 1, 84th Legislature, Regular Session, 2015, had not
1231	1231	occurred.
1232	1232	SECTION 3.016. Section 42.302(a), Education Code, is
1233	1233	amended to read as follows:
1234	1234	(a) Each school district is guaranteed a specified amount
1235	1235	per weighted student in state and local funds for each cent of tax
1236	1236	effort over that required for the district's local fund assignment
1237	1237	up to the maximum level specified in this subchapter. The amount
1238	1238	of state support, subject only to the maximum amount under Section
1239	1239	42.303, is determined by the formula:
1240	1240	GYA = (GL X WADA X DTR X 100) - LR
1241	1241	where:
1242	1242	"GYA" is the guaranteed yield amount of state funds to be
1243	1243	allocated to the district;
1244	1244	"GL" is the dollar amount guaranteed level of state and local
1245	1245	funds per weighted student per cent of tax effort, which is an
1246	1246	amount described by Subsection (a-1) or a greater amount for any
1247	1247	year provided by appropriation;
1248	1248	"WADA" is the number of students in weighted average daily
1249	1249	attendance, which is calculated by dividing the sum of the school
1250	1250	district's allotments under Subchapters B and C, less any allotment
1251	1251	to the district for transportation and[,] any allotment under
1252	1252	Section 42.158 [or 42.160, and 50 percent of the adjustment under
1253	1253	Section 42.102], by the basic allotment for the applicable year;
1254	1254	"DTR" is the district enrichment tax rate of the school
1255	1255	district, which is determined by subtracting the amounts specified
1256	1256	by Subsection (b) from the total amount of maintenance and
1257	1257	operations taxes collected by the school district for the
1258	1258	applicable school year and dividing the difference by the quotient
1259	1259	of the district's taxable value of property as determined under
1260	1260	Subchapter M, Chapter 403, Government Code, or, if applicable,
1261	1261	under Section 42.2521, divided by 100; and
1262	1262	"LR" is the local revenue, which is determined by multiplying
1263	1263	"DTR" by the quotient of the district's taxable value of property as
1264	1264	determined under Subchapter M, Chapter 403, Government Code, or, if
1265	1265	applicable, under Section 42.2521, divided by 100.
1266	1266	SECTION 3.017. Section 322.008(b), Government Code, is
1267	1267	amended to read as follows:
1268	1268	(b) The general appropriations bill may include for
1269	1269	purposes of information the funding elements computed by the
1270	1270	Legislative Budget Board under Section 42.007, Education Code[,
1271	1271	excluding the values for each school district calculated under
1272	1272	Section 42.007(c)(2), Education Code]. If the funding elements are
1273	1273	included, the funding elements under Section 42.007(c)(2)
1274	1274	[42.007(c)(3)], Education Code, shall be reported in dollar amounts
1275	1275	per pupil.
1276	1276	SECTION 3.018. Section 825.405(b), Government Code, is
1277	1277	amended to read as follows:
1278	1278	(b) For purposes of this section:
1279	1279	(1) the statutory minimum salary for certain school
1280	1280	personnel under Section 21.402, Education Code, is the salary
1281	1281	provided by that section multiplied by the cost of education index
1282	1282	adjustment adopted by the foundation school fund budget committee
1283	1283	and contained in Chapter 203, Title 19, Texas Administrative Code,
1284	1284	as that chapter existed on March 26, 1997, applicable [under
1285	1285	Section 42.102, Education Code,] to the district in which the
1286	1286	member is employed; and
1287	1287	(2) the statutory minimum salary for members who would
1288	1288	have been entitled to the minimum salary for certain school
1289	1289	personnel under former Section 16.056, Education Code, as that
1290	1290	section existed on January 1, 1995, is a minimum salary computed in
1291	1291	the same manner as the minimum salary for certain school personnel
1292	1292	under Section 21.402, Education Code, multiplied by the cost of
1293	1293	education index adjustment adopted by the foundation school fund
1294	1294	budget committee and contained in Chapter 203, Title 19, Texas
1295	1295	Administrative Code, as that chapter existed on March 26, 1997,
1296	1296	applicable [under Section 42.102, Education Code,] to the district
1297	1297	in which the member is employed.
1298	1298	ARTICLE 4. REPEALER
1299	1299	SECTION 4.001. (a) The following provisions of the
1300	1300	Education Code are repealed:
1301	1301	(1) Section 29.097(g);
1302	1302	(2) Section 29.098(e);
1303	1303	(3) Section 29.165;
1304	1304	(4) Section 29.166;
1305	1305	(5) Section 39.233;
1306	1306	(6) Section 39.234;
1307	1307	(7) Sections 41.002(e), (f), and (g);
1308	1308	(8) Section 41.098;
1309	1309	(9) Section 42.102;
1310	1310	(10) Section 42.103;
1311	1311	(11) Section 42.104;
1312	1312	(12) Section 42.155(b)(3);
1313	1313	(13) Section 42.156;
1314	1314	(14) Section 42.160;
1315	1315	(15) Section 42.2513; and
1316	1316	(16) Section 42.2517.
1317	1317	(b) Effective September 1, 2023, Section 42.164(c),
1318	1318	Education Code, as added by this Act, is repealed.
1319	1319	ARTICLE 5. TRANSITION
1320	1320	SECTION 5.001. (a) Except as provided by Subsection (b) of
1321	1321	this section, Article 2 of this Act applies beginning with the
1322	1322	2019-2020 school year.
1323	1323	(b) Section 28.025, Education Code, as amended by this Act,
1324	1324	and Section 28.0256, Education Code, as added by this Act, apply
1325	1325	beginning with students enrolled at the 12th grade level during the
1326	1326	2020-2021 school year.
1327	1327	SECTION 5.002. Not later than September 1, 2019, the
1328	1328	commissioner of education shall adopt the list of approved third
1329	1329	grade reading multidimensional assessments as required under
1330	1330	Section 42.162, Education Code, as added by this Act.
1331	1331	SECTION 5.003. Not later than September 1, 2020, each
1332	1332	school district shall submit and post on the district's Internet
1333	1333	website the initial report required under Section 11.2522,
1334	1334	Education Code, as added by this Act.
1335	1335	SECTION 5.004. Not later than December 1, 2020, the Texas
1336	1336	Education Agency and the Texas Higher Education Coordinating Board
1337	1337	jointly shall prepare and submit the initial report required under
1338	1338	Section 7.038, Education Code, as added by this Act.
1339	1339	SECTION 5.005. To the extent of any conflict, this Act
1340	1340	prevails over another Act of the 86th Legislature, Regular Session,
1341	1341	2019, relating to nonsubstantive additions to and corrections in
1342	1342	enacted codes.
1343	1343	ARTICLE 6. EFFECTIVE DATE
1344	1344	SECTION 6.001. Except as otherwise provided by this Act,
1345	1345	this Act takes effect September 1, 2019.