By: Taylor S.B. No. 4
A BILL TO BE ENTITLED
AN ACT
relating to public school finance and public education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. PUBLIC SCHOOL FINANCE
SECTION 1.001. Section 5.001(4), Education Code, is amended
to read as follows:
(4) "Educationally disadvantaged" means:
(A) eligible to participate in the national free
or reduced-price lunch program established under 42 U.S.C. Section
1751 et seq.; or
(B) economically disadvantaged in any manner
that may reasonably impact educational achievement, as determined
by the commissioner.
SECTION 1.002. Section 41.002(a), Education Code, is
amended to read as follows:
(a) A school district may not have a wealth per student that
exceeds:
(1) the wealth per student that generates the amount
of maintenance and operations tax revenue per weighted student
available to a district with maintenance and operations tax revenue
per cent of tax effort equal to the maximum amount provided per cent
under Section 42.101(a) or (b), for the district's maintenance and
operations tax effort equal to or less than the rate equal to the
sum of the product of the state compression percentage, as
determined under Section 42.2516, multiplied by the maintenance and
operations tax rate adopted by the district for the 2005 tax year
and any additional tax effort included in calculating the
district's compressed tax rate under Section 42.101(a-1);
(2) the wealth per student specified under Subdivision
(1) multiplied by _____ [that generates the amount of maintenance
and operations tax revenue per weighted student available to the
Austin Independent School District, as determined by the
commissioner in cooperation with the Legislative Budget Board], for
the first six cents by which the district's maintenance and
operations tax rate exceeds the rate equal to the sum of the product
of the state compression percentage, as determined under Section
42.2516, multiplied by the maintenance and operations tax rate
adopted by the district for the 2005 tax year and any additional tax
effort included in calculating the district's compressed tax rate
under Section 42.101(a-1), subject to Section 41.093(b-1); or
(3) the wealth per student specified under Subdivision
(1) multiplied by _____ [$319,500], for the district's maintenance
and operations tax effort that exceeds the amount of tax effort
described by Subdivision (2).
SECTION 1.003. Section 41.004(a), Education Code, is
amended to read as follows:
(a) Not later than July 15 of each year, using the estimates
[estimate] of enrollment and taxable property value under Section
42.254, the commissioner shall review the wealth per student of
school districts in the state and shall notify:
(1) each district with wealth per student exceeding
the equalized wealth level;
(2) each district to which the commissioner proposes
to annex property detached from a district notified under
Subdivision (1), if necessary, under Subchapter G; and
(3) each district to which the commissioner proposes
to consolidate a district notified under Subdivision (1), if
necessary, under Subchapter H.
SECTION 1.004. Section 41.093(b-1), Education Code, is
amended to read as follows:
(b-1) If the guaranteed level of state and local funds per
weighted student per cent of tax effort under Section
42.302(a-1)(1) for which state funds are appropriated for a school
year is an amount at least equal to the product of the amount of
revenue per weighted student per cent of tax effort available to a
school district with maintenance and operations tax revenue per
weighted student per cent of tax effort equal to the maximum amount
provided per cent under Section 42.101(a) or (b) multiplied by
_____ [the Austin Independent School District, as determined by the
commissioner in cooperation with the Legislative Budget Board], the
commissioner, in computing the amounts described by Subsections
(a)(1) and (2) and determining the cost of an attendance credit,
shall exclude maintenance and operations tax revenue resulting from
the tax rate described by Section 41.002(a)(2).
SECTION 1.005. Section 42.101(a), Education Code, is
amended to read as follows:
(a) For each student in average daily attendance, not
including the time students spend each day in special education
programs in an instructional arrangement other than mainstream or
career and technology education programs, for which an additional
allotment is made under Subchapter C, a district is entitled to an
allotment equal to the lesser of $ ______ [$4,765] or the amount
that results from the following formula:
A = $ ______ [$4,765] X (DCR/MCR)
where:
"A" is the allotment to which a district is entitled;
"DCR" is the district's compressed tax rate, which is the
product of the state compression percentage, as determined under
Section 42.2516, multiplied by the maintenance and operations tax
rate adopted by the district for the 2005 tax year; and
"MCR" is the state maximum compressed tax rate, which is the
product of the state compression percentage, as determined under
Section 42.2516, multiplied by $1.50.
SECTION 1.006. Section 42.152(a), Education Code, is
amended to read as follows:
(a) For each student who is educationally disadvantaged or
who is a student who does not have a disability and resides in a
residential placement facility in a district in which the student's
parent or legal guardian does not reside, a district is entitled to
an annual allotment equal to the adjusted basic allotment
multiplied by ____ [0.2], and by _ [2.41] for each full-time
equivalent student who is in a remedial and support program under
Section 29.081 because the student is pregnant.
SECTION 1.007. Section 42.153(a), Education Code, is
amended to read as follows:
(a) For each student in average daily attendance in a
bilingual education or special language program under Subchapter B,
Chapter 29, a district is entitled to an annual allotment equal to
the [adjusted] basic allotment multiplied by:
(1) 0.1; or
(2) _____ if the student is in a bilingual education
program using a dual language immersion/one-way or two-way program
model.
SECTION 1.008. Sections 42.154(a) and (c), Education Code,
are amended to read as follows:
(a) For each full-time equivalent student in average daily
attendance in an approved career and technology education program
in grades 8 [nine] through 12 or in career and technology education
programs for students with disabilities in grades 7 [seven] through
12, a district is entitled to:
(1) an annual allotment equal to the [adjusted] basic
allotment multiplied by a weight of 1.35; and
(2) $50, if the student is enrolled in two or more
advanced career and technology education classes for a total of
three or more credits.
(c) Funds allocated under this section, other than an
indirect cost allotment established under State Board of Education
rule, must be used in providing career and technology education
programs in grades 8 [nine] through 12 or career and technology
education programs for students with disabilities in grades 7
[seven] through 12 under Sections 29.182, 29.183, and 29.184.
SECTION 1.009. Section 42.155, Education Code, is amended
by amending Subsections (c), (g), and (i) and adding Subsection (m)
to read as follows:
(c) Each district or county operating a regular
transportation system is entitled to a transportation [an]
allotment based on the number of daily miles of approved route
traveled by the system in providing transportation for [cost per]
regular eligible students of the district or county multiplied by
_____ cents per mile of approved route or a greater amount per mile
of approved route set by appropriation [student of operating and
maintaining the regular transportation system and the linear
density of that system. In determining the cost, the commissioner
shall give consideration to factors affecting the actual cost of
providing these transportation services in each district or county.
The average actual cost is to be computed by the commissioner and
included for consideration by the legislature] in the General
Appropriations Act. [The allotment per mile of approved route may
not exceed the amount set by appropriation.]
(g) A school district or county that provides special
transportation services for eligible special education students is
entitled to a state allocation paid on the basis of a previous
year's miles of approved route traveled [cost-per-mile basis]. The
maximum rate per mile allowable shall be set by appropriation
[based on data gathered from the first year of each preceding
biennium]. Districts may use a portion of their support allocation
to pay transportation costs, if necessary. The commissioner may
grant an amount set by appropriation for private transportation to
reimburse parents or their agents for transporting eligible special
education students. The mileage allowed shall be computed along
the shortest public road from the student's home to school and back,
morning and afternoon. The need for this type transportation shall
be determined on an individual basis and shall be approved only in
extreme hardship cases.
(i) In the case of a district belonging to a county
transportation system, the district's transportation allotment for
purposes of determining a district's foundation school program
allocations is determined on the basis of the number of approved
daily route miles in the district multiplied by the allotment per
mile of approved route to which the county transportation system is
entitled.
(m) A school district that is required to take action under
Chapter 41 to reduce its wealth per student to the equalized wealth
level is entitled to a credit, in the amount of the allotments to
which the district is entitled under this section, against the
total amount required under Section 41.093 for the district to
purchase attendance credits. The commissioner may adopt rules
necessary to implement this subsection.
SECTION 1.010. Subchapter C, Chapter 42, Education Code, is
amended by adding Section 42.1561 to read as follows:
Sec. 42.1561. ALLOTMENT FOR STUDENT WITH DYSLEXIA. (a)
Subject to Subsection (b), for each student that a school district
serves who has been identified as having dyslexia, the district is
entitled to an annual allotment equal to the district's basic
allotment multiplied by _____.
(b) A school district is entitled to the allotment under
Subsection (a) only for a student who:
(1) is receiving instruction that:
(A) meets applicable dyslexia program criteria
established by the agency; and
(B) is provided by a person with specific
training in providing that instruction; or
(2) has received the instruction described by
Subdivision (1) and is permitted, on the basis of having dyslexia,
to use modifications in the classroom and accommodations in the
administration of assessment instruments.
(c) Funds allotted under this section must be used in
providing services to students with dyslexia.
(d) A school district may receive funding for a student
under this section and Section 42.151 if the student satisfies the
requirements of both sections.
SECTION 1.011. Section 42.158(d), Education Code, is
amended to read as follows:
(d) Subject to Subsection (d-1), the amount appropriated
for allotments under this section may not exceed $ ______ [$25]
million in a school year. If the total amount of allotments to
which districts are entitled under this section for a school year
exceeds the amount appropriated under this subsection, the
commissioner shall reduce each district's allotment under this
section in the manner provided by Section 42.253(h).
SECTION 1.012. Subchapter C, Chapter 42, Education Code, is
amended by adding Section 42.1581 to read as follows:
Sec. 42.1581. STUDY ON NEW INSTRUCTIONAL FACILITY
ALLOTMENT. (a) The agency shall conduct a study on the amount of
funding necessary to fully fund the new instructional facility
allotment under Section 42.158, taking into account estimated
growth in student enrollment.
(b) Not later than September 1, 2020, the agency shall
submit to the legislature a report on the results of the study and
any recommendations for legislative or other action.
(c) This section expires September 1, 2021.
SECTION 1.013. Subchapter C, Chapter 42, Education Code, is
amended by adding Sections 42.162, 42.163, and 42.164 to read as
follows:
Sec. 42.162. THIRD GRADE READING ALLOTMENT. (a) For each
student who is educationally disadvantaged and performed
satisfactorily during the preceding school year on a third grade
reading multidimensional assessment on the list adopted by the
commissioner under Subsection (b), a school district is entitled to
an annual allotment equal to the district's basic allotment
multiplied by ______.
(b) The commissioner shall:
(1) adopt a list of at least two third grade reading
multidimensional assessments approved for purposes of this
section; and
(2) for each assessment included on the list under
Subdivision (1), set a score that indicates satisfactory
performance for purposes of this section.
(c) Funds allocated under this section must be used to fund
programs and services designed to improve student performance on a
third grade reading multidimensional assessment included on the
list adopted by the commissioner under Subsection (b).
Sec. 42.163. EARLY READING ALLOTMENT. (a) For each
student in average daily attendance in kindergarten through third
grade, a school district is entitled to an annual allotment equal to
the district's basic allotment multiplied by ______ if the student
is:
(1) educationally disadvantaged; or
(2) in a bilingual education or special language
program under Subchapter B, Chapter 29.
(b) Funds allocated under this section must be used to fund
programs and services designed to improve student performance on a
third grade reading multidimensional assessment included on the
list adopted by the commissioner under Section 42.162.
(c) A school district is entitled to an allotment under each
subdivision of Subsection (a) for which a student qualifies.
(d) A school district may receive funding for a student
under this section and under Sections 42.152 and 42.153, as
applicable, if the student satisfies the requirements of each
applicable section.
Sec. 42.164. SMALL AND MID-SIZED DISTRICT ALLOTMENT. (a)
Small and mid-sized districts are entitled to an annual allotment
in accordance with this section. In this section:
(1) "AA" is the district's annual allotment per
student;
(2) "ADA" is the number of students in average daily
attendance for which the district is entitled to an allotment under
Section 42.101; and
(3) "BA" is the basic allotment determined under
Section 42.101.
(b) A school district that contains at least 300 square
miles and has not more than 1,600 students in average daily
attendance is entitled to an annual allotment for each student in
average daily attendance based on the following formula:
AA = ((1,600 - ADA) X .0004) X BA
(c) A school district that contains less than 300 square
miles and has not more than 1,600 students in average daily
attendance is entitled to an annual allotment for each student in
average daily attendance based on the following formulas:
(1) for the fiscal year beginning September 1, 2019:
AA = ((1,600 - ADA) X .00030) X BA;
(2) for the fiscal year beginning September 1, 2020:
AA = ((1,600 - ADA) X .000325) X BA;
(3) for the fiscal year beginning September 1, 2021:
AA = ((1,600 - ADA) X .00035) X BA; and
(4) for the fiscal year beginning September 1, 2022:
AA = ((1,600 - ADA) X .000375) X BA.
(d) A school district that offers a kindergarten through
grade 12 program and has less than 5,000 students in average daily
attendance is entitled to an annual allotment for each student in
average daily attendance based on the formula, of the following
formulas, that results in the greatest annual allotment:
(1) the formula in Subsection (b) or (c) for which the
district is eligible; or
(2) AA = ((5,000 - ADA) X .000025) X BA.
SECTION 1.014. Effective September 1, 2023, Sections
42.164(b) and (d), Education Code, as added by this Act, are amended
to read as follows:
(b) A school district that [contains at least 300 square
miles and] has not more than 1,600 students in average daily
attendance is entitled to an annual allotment for each student in
average daily attendance based on the following formula:
AA = ((1,600 - ADA) X .0004) X BA
(d) A school district that offers a kindergarten through
grade 12 program and has less than 5,000 students in average daily
attendance is entitled to an annual allotment for each student in
average daily attendance based on the formula, of the following
formulas, that results in the greatest annual allotment:
(1) the formula in Subsection (b), if [or (c) for
which] the district is eligible for that formula; or
(2) AA = ((5,000 - ADA) X .000025) X BA.
SECTION 1.015. Subchapter C, Chapter 42, Education Code, is
amended by adding Sections 42.165 and 42.169 to read as follows:
Sec. 42.165. FAST GROWTH ALLOTMENT. (a) A school district
in which the growth in student enrollment in the district over the
preceding three school years is in the top quartile of student
enrollment growth in school districts in the state for that period,
as determined by the commissioner, is entitled to an annual
allotment of $_______ for each student in average daily attendance.
(b) An open-enrollment charter school is not entitled to an
allotment under this section.
Sec. 42.169. ALLOTMENT FOR STUDENT ACHIEVEMENTS IN COLLEGE,
CAREER, OR MILITARY READINESS. (a) For each student who is
educationally disadvantaged and graduated high school in the
preceding school year demonstrating college, career, or military
readiness as described by Subsection (b), a school district is
entitled to an annual allotment equal to the basic allotment
multiplied by _____.
(b) For purposes of this section, a student demonstrates
college, career, or military readiness if the student achieves
minimum scores set by commissioner rule on the ACT, the SAT, an
assessment instrument designated by the Texas Higher Education
Coordinating Board under Section 51.334, or the Armed Services
Vocational Aptitude Battery and graduates from high school having:
(1) enrolled at a postsecondary educational
institution;
(2) earned an industry-accepted certificate; or
(3) enlisted in the armed forces of the United States.
SECTION 1.016. Section 42.252(a), Education Code, is
amended to read as follows:
(a) Each school district's share of the Foundation School
Program is determined by the following formula:
LFA = TR X DPV
where:
"LFA" is the school district's local share;
"TR" is a tax rate which for each hundred dollars of valuation
is an effective tax rate of the amount equal to the product of the
state compression percentage, as determined under Section 42.2516,
multiplied by the lesser of:
(1) $1.50; or
(2) the maintenance and operations tax rate adopted by
the district for the 2005 tax year; and
"DPV" is the taxable value of property in the school district
for the current [preceding] tax year determined under Subchapter M,
Chapter 403, Government Code.
SECTION 1.017. Section 42.302(a-1), Education Code, is
amended to read as follows:
(a-1) For purposes of Subsection (a), the dollar amount
guaranteed level of state and local funds per weighted student per
cent of tax effort ("GL") for a school district is:
(1) the product of [greater of] the amount of district
tax revenue per weighted student per cent of tax effort [that would
be] available to a [the Austin Independent School District, as
determined by the commissioner in cooperation with the Legislative
Budget Board, if the reduction of the limitation on tax increases as
provided by Section 11.26(a-1), (a-2), or (a-3), Tax Code, did not
apply, or the amount of] district with maintenance and operations
tax revenue per weighted student per cent of tax effort equal to the
maximum amount provided per cent under Section 42.101(a) or (b)
multiplied by ______ [used for purposes of this subdivision in the
preceding school year], for the first six cents by which the
district's maintenance and operations tax rate exceeds the rate
equal to the sum of the product of the state compression percentage,
as determined under Section 42.2516, multiplied by the maintenance
and operations tax rate adopted by the district for the 2005 tax
year and any additional tax effort included in calculating the
district's compressed tax rate under Section 42.101(a-1); and
(2) the product of the amount of district tax revenue
per weighted student per cent of tax effort available to a district
with maintenance and operations tax revenue per cent of tax effort
equal to the maximum amount provided per cent under Section
42.101(a) or (b), multiplied by ______ [$31.95], for the district's
maintenance and operations tax effort that exceeds the amount of
tax effort described by Subdivision (1).
ARTICLE 2. PUBLIC EDUCATION
SECTION 2.001. Chapter 4, Education Code, is amended by
adding Section 4.003 to read as follows:
Sec. 4.003. 60x30TX GOALS. To further the state's master
plan developed under Section 61.051 for at least 60 percent of all
adults aged 25 to 34 in this state to achieve a postsecondary degree
or workforce credential by 2030, the following goals are
established:
(1) at least 60 percent of all public school students
shall perform satisfactorily on a third grade reading
multidimensional assessment included on the list adopted by the
commissioner under Section 42.162 by 2030; and
(2) at least 60 percent of all public school students
graduating high school shall meet college, career, and military
readiness standards by 2030.
SECTION 2.002. Subchapter B, Chapter 7, Education Code, is
amended by adding Section 7.038 to read as follows:
Sec. 7.038. 60x30TX PROGRESS REPORT. (a) Not later than
December 1 of each even-numbered year, the agency and the Texas
Higher Education Coordinating Board jointly shall prepare and
submit to the governor, the lieutenant governor, the speaker of the
house of representatives, and the standing legislative committees
with primary jurisdiction over public education a report assessing
the state's progress toward achieving the 60x30TX goals established
under Section 4.003.
(b) The report must:
(1) be combined with the Texas Higher Education
Coordinating Board's report on the state's master plan for higher
education required under Section 61.051(a-3);
(2) analyze progress made toward the 60x30TX goals
disaggregated by:
(A) household income;
(B) native language;
(C) ethnicity;
(D) gender; and
(E) any other demographic category identified by
the commissioner and the commissioner of higher education; and
(3) include recommendations for legislative or other
action, including statutory or funding changes, to assist the state
in meeting those goals.
SECTION 2.003. Section 11.252(a), Education Code, is
amended to read as follows:
(a) Each school district shall have a district improvement
plan that is developed, evaluated, and revised annually, in
accordance with district policy, by the superintendent with the
assistance of the district-level committee established under
Section 11.251. The purpose of the district improvement plan is to
guide district and campus staff in the improvement of student
performance for all student groups in order to attain state
standards in respect to the achievement indicators adopted under
Section 39.053(c). The district improvement plan must be aligned
with the 60x30TX district plans developed under Section 11.2522 and
include provisions for:
(1) a comprehensive needs assessment addressing
district student performance on the achievement indicators, and
other appropriate measures of performance, that are disaggregated
by all student groups served by the district, including categories
of ethnicity, socioeconomic status, sex, and populations served by
special programs, including students in special education programs
under Subchapter A, Chapter 29;
(2) measurable district performance objectives for
all appropriate achievement indicators for all student
populations, including students in special education programs
under Subchapter A, Chapter 29, and other measures of student
performance that may be identified through the comprehensive needs
assessment;
(3) strategies for improvement of student performance
that include:
(A) instructional methods for addressing the
needs of student groups not achieving their full potential;
(B) methods for addressing the needs of students
for special programs, including:
(i) suicide prevention programs, in
accordance with Subchapter O-1, Chapter 161, Health and Safety
Code, which includes a parental or guardian notification procedure;
(ii) conflict resolution programs;
(iii) violence prevention programs; and
(iv) dyslexia treatment programs;
(C) dropout reduction;
(D) integration of technology in instructional
and administrative programs;
(E) discipline management;
(F) staff development for professional staff of
the district;
(G) career education to assist students in
developing the knowledge, skills, and competencies necessary for a
broad range of career opportunities; and
(H) accelerated education;
(4) strategies for providing to middle school, junior
high school, and high school students, those students' teachers and
school counselors, and those students' parents information about:
(A) higher education admissions and financial
aid opportunities;
(B) the TEXAS grant program and the Teach for
Texas grant program established under Chapter 56;
(C) the need for students to make informed
curriculum choices to be prepared for success beyond high school;
and
(D) sources of information on higher education
admissions and financial aid;
(5) resources needed to implement identified
strategies;
(6) staff responsible for ensuring the accomplishment
of each strategy;
(7) timelines for ongoing monitoring of the
implementation of each improvement strategy;
(8) formative evaluation criteria for determining
periodically whether strategies are resulting in intended
improvement of student performance; and
(9) the policy under Section 38.0041 addressing sexual
abuse and other maltreatment of children.
SECTION 2.004. Subchapter F, Chapter 11, Education Code, is
amended by adding Section 11.2522 to read as follows:
Sec. 11.2522. 60x30TX DISTRICT PLANS. (a) In addition to
the district improvement plan developed under Section 11.252, each
school district shall develop three-year and five-year district
plans for achieving the 60x30TX goals established under Section
4.003.
(b) Each plan developed under Subsection (a) must identify
student achievement goals for each of the following demographic
categories:
(1) household income;
(2) native language;
(3) ethnicity;
(4) gender; and
(5) any other demographic category identified by the
commissioner.
(c) Not later than September 1 of each year, each school
district shall submit to the agency and post on the district's
Internet website a report assessing the progress of the district
and each campus in the district toward achieving the goals
identified in the district's plans developed under Subsection (a).
(d) The commissioner may adopt rules as necessary to
implement this section.
SECTION 2.005. Section 11.253(d), Education Code, is
amended to read as follows:
(d) Each campus improvement plan must be aligned with the
60x30TX district plans developed under Section 11.2522 and:
(1) assess the academic achievement for each student
in the school using the achievement indicator system as described
by Section 39.053;
(2) set the campus performance objectives based on the
achievement indicator system, including objectives for special
needs populations, including students in special education
programs under Subchapter A, Chapter 29;
(3) identify how the campus goals will be met for each
student;
(4) determine the resources needed to implement the
plan;
(5) identify staff needed to implement the plan;
(6) set timelines for reaching the goals;
(7) measure progress toward the performance
objectives periodically to ensure that the plan is resulting in
academic improvement;
(8) include goals and methods for violence prevention
and intervention on campus;
(9) provide for a program to encourage parental
involvement at the campus; and
(10) if the campus is an elementary, middle, or junior
high school, set goals and objectives for the coordinated health
program at the campus based on:
(A) student fitness assessment data, including
any data from research-based assessments such as the school health
index assessment and planning tool created by the federal Centers
for Disease Control and Prevention;
(B) student academic performance data;
(C) student attendance rates;
(D) the percentage of students who are
educationally disadvantaged;
(E) the use and success of any method to ensure
that students participate in moderate to vigorous physical activity
as required by Section 28.002(l); and
(F) any other indicator recommended by the local
school health advisory council.
SECTION 2.006. Section 12.104(b), Education Code, as
amended by Chapters 324 (S.B. 1488), 522 (S.B. 179), and 735 (S.B.
1153), Acts of the 85th Legislature, Regular Session, 2017, is
reenacted and amended to read as follows:
(b) An open-enrollment charter school is subject to:
(1) a provision of this title establishing a criminal
offense; and
(2) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the commissioner;
(B) criminal history records under Subchapter C,
Chapter 22;
(C) reading instruments and accelerated reading
instruction programs under Section 28.006;
(D) accelerated instruction under Section
28.0211;
(E) high school graduation requirements under
Section 28.025;
(F) special education programs under Subchapter
A, Chapter 29;
(G) bilingual education under Subchapter B,
Chapter 29;
(H) prekindergarten programs under Subchapter E
or E-1, Chapter 29;
(I) extracurricular activities under Section
33.081;
(J) discipline management practices or behavior
management techniques under Section 37.0021;
(K) health and safety under Chapter 38;
(L) public school accountability under
Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A;
(M) the requirement under Section 21.006 to
report an educator's misconduct;
(N) intensive programs of instruction under
Section 28.0213;
(O) the right of a school employee to report a
crime, as provided by Section 37.148; [and]
(P) bullying prevention policies and procedures
under Section 37.0832;
(Q) the right of a school under Section 37.0052
to place a student who has engaged in certain bullying behavior in a
disciplinary alternative education program or to expel the student;
[and]
(R) the right under Section 37.0151 to report to
local law enforcement certain conduct constituting assault or
harassment;
(S) [(P)] a parent's right to information
regarding the provision of assistance for learning difficulties to
the parent's child as provided by Sections 26.004(b)(11) and
26.0081(c) and (d); and
(T) the 60x30TX plans under Section 11.2522.
SECTION 2.007. Subchapter H, Chapter 21, Education Code, is
amended by adding Section 21.360 to read as follows:
Sec. 21.360. EDUCATOR EFFECTIVENESS PROGRAM. (a) A school
district may submit a request to the commissioner for state funding
under this section to assist the district in providing merit salary
increases under an educator effectiveness program approved by the
agency and implemented by the district.
(b) An educator effectiveness program must provide merit
salary increases to educators based on an evaluation of the
effectiveness of the educator under a multi-measure system
developed by the district in partnership with stakeholders and the
district's educators that includes measures that account for:
(1) campus leader observations;
(2) teacher peer review;
(3) student surveys; and
(4) student academic growth.
(c) A school district must award higher merit salary
increases under the district's educator effectiveness program to
highly effective educators who are assigned to campuses with poor
overall or domain performance ratings under Section 39.054.
(d) To be eligible to receive funding for an educator
effectiveness program under this section, a school district may:
(1) implement a program developed by the agency;
(2) collaborate with other school districts to develop
a program to be approved by the agency; or
(3) develop a program to be approved by the agency.
(e) From funds appropriated for that purpose, the
commissioner shall provide funding under this section in accordance
with rules adopted by the commissioner. If funds are not available
to provide funding to each school district that submits a request
under Subsection (b), the commissioner shall give priority to:
(1) school districts with the highest proportion of
economically disadvantaged students; and
(2) school districts with the highest number of
campuses assigned an overall performance rating of F under Section
39.054.
(f) From funds provided to a school district under this
section, the district shall use:
(1) a small percentage of the funds to:
(A) provide signing bonuses to new classroom
teachers who attend educator preparation programs;
(B) implement a mentoring program in which
classroom teachers receiving merit salary increases under the
district's educator effectiveness program mentor students and new
classroom teachers; and
(C) pay for costs associated with the development
and implementation of the district's educator effectiveness
program; and
(2) a small percentage of the funds, which may not be
more than three percent, to provide merit salary increases to
outstanding principals as determined under the educator
effectiveness program.
(g) The percentage of classroom teachers in this state
receiving a merit salary increase under this section may not
exceed:
(1) for the 2019-2020 school year, 10 percent;
(2) for the 2020-2021 school year, 20 percent;
(3) for the 2021-2022 school year, 30 percent;
(4) for the 2022-2023 school year, 40 percent;
(5) for the 2023-2024 school year, 50 percent;
(6) for the 2024-2025 school year, 60 percent;
(7) for the 2025-2026 school year, 70 percent;
(8) for the 2026-2027 school year, 80 percent;
(9) for the 2027-2028 school year, 90 percent; and
(10) for the 2028-2029 school year and each subsequent
school year, 100 percent.
(h) A school district that receives funding for the
district's educator effectiveness program under this section must
annually submit to the agency a report providing the number,
percentage, and retention rate of educators employed by the
district under the educator effectiveness program.
SECTION 2.008. Section 28.006(d), Education Code, is
amended to read as follows:
(d) The superintendent of each school district shall:
(1) report to the commissioner and the board of
trustees of the district the results of the reading instruments;
(2) not later than the 60th day after the date on which
a reading instrument was administered report, in writing, to a
student's parent or guardian the student's results on the [reading]
instrument; and
(3) using the school readiness certification system
provided to the school district in accordance with Section
29.161(e), report electronically each student's raw score on the
reading instrument to the agency for use in the school readiness
certification system.
SECTION 2.009. Section 28.025(c), Education Code, is
amended to read as follows:
(c) A person may receive a diploma if the person is eligible
for a diploma under Section 28.0251. In other cases, a student may
graduate and receive a diploma only if:
(1) the student successfully completes the curriculum
requirements identified by the State Board of Education under
Subsection (a) and complies with Sections 28.0256 and [Section]
39.025; or
(2) the student successfully completes an
individualized education program developed under Section 29.005.
SECTION 2.010. Subchapter B, Chapter 28, Education Code, is
amended by adding Section 28.0256 to read as follows:
Sec. 28.0256. FINANCIAL AID APPLICATION REQUIREMENT FOR
HIGH SCHOOL GRADUATION. (a) Before graduating from high school,
each student must complete and submit a free application for
federal student aid (FAFSA) or, if applicable, a Texas application
for state financial aid (TASFA).
(b) A student is not required to comply with Subsection (a)
if:
(1) the student's parent or other person standing in
parental relation submits a signed form indicating that the parent
or other person authorizes the student to decline to complete and
submit the financial aid application; or
(2) the student signs and submits the form described
by Subdivision (1) on the student's own behalf if the student is 18
years of age or older or the student's disabilities of minority have
been removed for general purposes under Chapter 31, Family Code.
(c) A school district or open-enrollment charter school
shall adopt a form to be used for purposes of Subsection (b).
SECTION 2.011. Subchapter D, Chapter 29, Education Code, is
amended by adding Section 29.124 to read as follows:
Sec. 29.124. REPORT. (a) Not later than December 1 of each
year, the agency shall submit to the legislature a report comparing
the number of students identified as gifted and talented students
during each of the two preceding school years.
(b) The report must include any recommendations for
legislative or other action necessary to ensure that the number of
students identified as gifted and talented students does not
decline for any school year.
SECTION 2.012. Section 29.153, Education Code, is amended
by amending Subsections (b), (c), (d), and (f) and adding
Subsections (c-1) and (d-1) to read as follows:
(b) A child is eligible for enrollment in a prekindergarten
class under this section if the child is at least three years of age
and:
(1) is unable to speak and comprehend the English
language;
(2) is educationally disadvantaged;
(3) is a homeless child, as defined by 42 U.S.C.
Section 11434a, regardless of the residence of the child, of either
parent of the child, or of the child's guardian or other person
having lawful control of the child;
(4) is the child of an active duty member of the armed
forces of the United States, including the state military forces or
a reserve component of the armed forces, who is ordered to active
duty by proper authority;
(5) is the child of a member of the armed forces of the
United States, including the state military forces or a reserve
component of the armed forces, who was injured or killed while
serving on active duty;
(6) is or ever has been in the conservatorship of the
Department of Family and Protective Services following an adversary
hearing held as provided by Section 262.201, Family Code; [or]
(7) is the child of a person eligible for the Star of
Texas Award as:
(A) a peace officer under Section 3106.002,
Government Code;
(B) a firefighter under Section 3106.003,
Government Code; or
(C) an emergency medical first responder under
Section 3106.004, Government Code; or
(8) is the child of an educator employed by a school
district in this state.
(c) A prekindergarten class under this section may [shall]
be operated on a half-day basis for children under four years of age
and shall be operated on a full-day basis for children who are at
least four years of age. A district is not required to provide
transportation for a prekindergarten class, but transportation, if
provided, is included for funding purposes as part of the regular
transportation system.
(c-1) A prekindergarten class under this section for
children who are least four years of age must comply with the
program standards required for high quality prekindergarten
programs under Subchapter E-1.
(d) On application of a district, the commissioner may
exempt a district from the application of all or any part of this
section, including all or any part of Subchapter E-1 for a
prekindergarten class described by Subsection (c-1), if the
commissioner determines that:
(1) the district would be required to construct
classroom facilities in order to provide prekindergarten classes;
or
(2) implementing any part of this section would result
in fewer eligible children being enrolled in a prekindergarten
class under this section.
(d-1) If the number of children who are eligible for
enrollment in a prekindergarten class offered by a school district
under this section exceeds the total number of open seats available
in prekindergarten classes in the district, the district shall give
enrollment preference to children who are eligible for enrollment
under Subsection (b)(1), (2), (3), (4), (5), (6), or (7).
(f) A child who is eligible for enrollment in a
prekindergarten class under Subsection (b)(4), [or] (5), or (8)
remains eligible for enrollment after the child begins a
prekindergarten class if, as applicable, the child's parent:
(1) leaves the armed forces;
(2) [, or] is no longer on active duty; or
(3) is no longer employed as an educator by a school
district in this state[, after the child begins a prekindergarten
class].
SECTION 2.013. Section 29.1531(a), Education Code, is
amended to read as follows:
(a) A school district may offer on a tuition basis or use
district funds to provide:
(1) an additional half-day of prekindergarten classes
to children who are eligible for classes under Section 29.153 and
are under four years of age; and
(2) half-day and full-day prekindergarten classes to
children not eligible for classes under Section 29.153.
SECTION 2.014. Section 29.1543, Education Code, is amended
to read as follows:
Sec. 29.1543. EARLY EDUCATION REPORTS. The agency shall
produce and make available to the public on the agency's Internet
website annual district and campus-level reports containing
information from the previous school year on early education in
school districts and open-enrollment charter schools. A report
under this section must contain:
(1) the information required by Section 29.1532(c) to
be reported through the Public Education Information Management
System (PEIMS);
(2) a description of the diagnostic reading
instruments administered in accordance with Section 28.006(c);
(3) the number of students who were administered a
diagnostic reading instrument administered in accordance with
Section 28.006(c);
(4) the number of students whose scores from a
diagnostic reading instrument administered in accordance with
Section 28.006(c) indicate reading proficiency; [and]
(5) the number of kindergarten students who were
enrolled in a prekindergarten program in the previous school year
in the same district or school as the district or school in which
the student attends kindergarten; and
(6) the number and percentage of students who perform
satisfactorily on a third grade reading multidimensional
assessment included on the list adopted by the commissioner under
Section 42.162, disaggregated by whether the student was eligible
for free prekindergarten under Section 29.153 and whether the
student attended kindergarten in the district.
SECTION 2.015. The heading to Subchapter E-1, Chapter 29,
Education Code, is amended to read as follows:
SUBCHAPTER E-1. HIGH QUALITY PREKINDERGARTEN [GRANT] PROGRAM
REQUIREMENTS
SECTION 2.016. Section 29.164, Education Code, is amended
to read as follows:
Sec. 29.164. DEFINITION. In this subchapter, "program"
means a high quality prekindergarten [grant] program required under
Section 29.153(c-1) to be provided free of tuition or fees in
accordance with this subchapter.
SECTION 2.017. Section 29.167(a), Education Code, is
amended to read as follows:
(a) A school district shall select and implement a
curriculum for a prekindergarten [grant] program [under this
subchapter] that:
(1) includes the prekindergarten guidelines
established by the agency;
(2) measures the progress of students in meeting the
recommended learning outcomes; and
(3) does not use national curriculum standards
developed by the Common Core State Standards Initiative.
SECTION 2.018. Section 29.170(a), Education Code, is
amended to read as follows:
(a) The commissioner shall evaluate the use and
effectiveness of prekindergarten funding [provided under this
subchapter] in improving student learning. The commissioner shall
identify effective instruction strategies implemented by school
districts under this subchapter.
SECTION 2.019. Section 29.171(a), Education Code, is
amended to read as follows:
(a) A school district that offers a prekindergarten
[participating in the grant] program under this subchapter may
enter into a contract with an eligible private provider to provide
services or equipment for the program.
SECTION 2.020. Subchapter Z, Chapter 29, Education Code, is
amended by adding Section 29.924 to read as follows:
Sec. 29.924. BLENDED LEARNING MATERIALS. (a) In this
section, "blended learning" means an instructional delivery method
that combines classroom and online instruction.
(b) The commissioner shall develop a list of professional
development materials for use by school districts that assist
educators in implementing blended learning. The materials must be
based on best practices for blended learning.
SECTION 2.021. Sections 39.0261(a), (e), and (f), Education
Code, are amended to read as follows:
(a) In addition to the assessment instruments otherwise
authorized or required by this subchapter:
(1) each school year and at state cost, a school
district may administer to students in the spring of the eighth
grade an established, valid, reliable, and nationally
norm-referenced preliminary college preparation assessment
instrument for the purpose of diagnosing the academic strengths and
deficiencies of students before entrance into high school;
(2) each school year and at state cost, a school
district may administer to students in the 10th grade an
established, valid, reliable, and nationally norm-referenced
preliminary college preparation assessment instrument for the
purpose of measuring a student's progress toward readiness for
college and the workplace; and
(3) high school students in the spring of the 11th
grade or during the 12th grade may select and take once, at state
cost:
(A) [,] one of the valid, reliable, and
nationally norm-referenced assessment instruments used by colleges
and universities as part of their undergraduate admissions
processes; or
(B) the assessment instrument designated by the
Texas Higher Education Coordinating Board under Section 51.334.
(e) Subsection (a)(3) does not prohibit a high school
student [in the spring of the 11th grade or during the 12th grade]
from selecting and taking, at the student's own expense, an
assessment instrument described by that subdivision [one of the
valid, reliable, and nationally norm-referenced assessment
instruments used by colleges and universities as part of their
undergraduate admissions processes more than once].
(f) The provisions of this section regarding assessment
instruments administered under Subsection (a)(1) or (2) apply only
if the legislature appropriates funds for those purposes [of this
section].
SECTION 2.022. Section 39A.105, Education Code, is amended
to read as follows:
Sec. 39A.105. CONTENTS OF CAMPUS TURNAROUND PLAN. (a) A
campus turnaround plan must include:
(1) details on the method for restructuring,
reforming, or reconstituting the campus;
(2) a detailed description of the academic programs to
be offered at the campus, including:
(A) instructional methods;
(B) length of school day and school year;
(C) academic credit and promotion criteria; and
(D) programs to serve special student
populations;
(3) if a district charter is to be granted for the
campus under Section 12.0522:
(A) the term of the charter; and
(B) information on the implementation of the
charter;
(4) written comments from:
(A) the campus-level committee established under
Section 11.251, if applicable;
(B) parents; and
(C) teachers at the campus; and
(5) a detailed description of the budget, staffing,
and financial resources required to implement the plan, including
any supplemental resources to be provided by the school district or
other identified sources.
(b) If the campus is an elementary or middle school campus,
the campus may submit a campus turnaround plan that provides for
staffing of the campus with highly effective educators if the
campus has implemented an educator effectiveness program under
Section 21.360. From funds appropriated for that purpose, the
commissioner shall provide matching funds to the school district at
which the campus is located for a campus that submits a campus
turnaround plan that includes the provisions of this subsection.
ARTICLE 3. CONFORMING CHANGES
SECTION 3.001. Section 7.062(c), Education Code, is amended
to read as follows:
(c) Except as otherwise provided by this subsection, if the
commissioner certifies that the amount appropriated for a state
fiscal year for purposes of Subchapters A and B, Chapter 46, exceeds
the amount to which school districts are entitled under those
subchapters for that year, the commissioner shall use the excess
funds, in an amount not to exceed $20 million in any state fiscal
year, for the purpose of making grants under this section. The use
of excess funds under this subsection has priority over any
provision of Chapter 42 that permits or directs the use of excess
foundation school program funds, including Sections [42.2517,]
42.2521, 42.2522, and 42.2531. The commissioner is required to use
excess funds as provided by this subsection only if the
commissioner is not required to reduce the total amount of state
funds allocated to school districts under Section 42.253(h).
SECTION 3.002. Section 8.051(d), Education Code, is amended
to read as follows:
(d) Each regional education service center shall maintain
core services for purchase by school districts and campuses. The
core services are:
(1) training and assistance in:
(A) teaching each subject area assessed under
Section 39.023; and
(B) providing instruction in personal financial
literacy as required under Section 28.0021;
(2) training and assistance in providing a gifted and
talented program and each program that qualifies for a funding
allotment under Section 42.151, 42.152, or 42.153[, or 42.156];
(3) assistance specifically designed for a school
district or campus assigned an unacceptable performance rating
under Section 39.054;
(4) training and assistance to teachers,
administrators, members of district boards of trustees, and members
of site-based decision-making committees;
(5) assistance specifically designed for a school
district that is considered out of compliance with state or federal
special education requirements, based on the agency's most recent
compliance review of the district's special education programs; and
(6) assistance in complying with state laws and rules.
SECTION 3.003. Section 12.106(a-1), Education Code, is
amended to read as follows:
(a-1) In determining funding for an open-enrollment charter
school under Subsection (a):
(1) the adjustment [adjustments] under Section
[Sections 42.102, 42.104, and] 42.105 is [are] based on the average
adjustment for the state; and
(2) the charter holder is entitled to an [the]
adjustment under former Section 42.103 [is] based on the average
adjustment for the state that would have been provided under that
section as it existed on January 1, 2018.
SECTION 3.004. Section 29.014(d), Education Code, is
amended to read as follows:
(d) The basic allotment for a student enrolled in a district
to which this section applies is adjusted by[:
[(1) the cost of education adjustment under Section
42.102 for the school district in which the district is
geographically located; and
[(2)] the weight for a homebound student under Section
42.151(a).
SECTION 3.005. Sections 29.918(a) and (b), Education Code,
are amended to read as follows:
(a) Notwithstanding Section [39.234 or] 42.152, a school
district or open-enrollment charter school with a high dropout
rate, as determined by the commissioner, must submit a plan to the
commissioner describing the manner in which the district or charter
school intends to use the compensatory education allotment under
Section 42.152 [and the high school allotment under Section 42.160]
for developing and implementing research-based strategies for
dropout prevention. The district or charter school shall submit
the plan not later than December 1 of each school year preceding the
school year in which the district or charter school will receive the
compensatory education allotment [or high school allotment] to
which the plan applies.
(b) A school district or open-enrollment charter school to
which this section applies may not spend or obligate more than 25
percent of the district's or charter school's compensatory
education allotment [or high school allotment] unless the
commissioner approves the plan submitted under Subsection
(a). The commissioner shall complete an initial review of the
district's or charter school's plan not later than March 1 of the
school year preceding the school year in which the district or
charter school will receive the compensatory education allotment
[or high school allotment] to which the plan applies.
SECTION 3.006. Section 39.0233(a), Education Code, is
amended to read as follows:
(a) The agency, in coordination with the Texas Higher
Education Coordinating Board, shall adopt a series of questions to
be included in an end-of-course assessment instrument administered
under Section 39.023(c) to be used for purposes of Subchapter F-1,
Chapter 51. The questions adopted under this subsection must be
developed in a manner consistent with any college readiness
standards adopted under [Section 39.233 and] Subchapter F-1,
Chapter 51.
SECTION 3.007. Section 41.034(a), Education Code, is
amended to read as follows:
(a) For the first and second school years after creation of
a consolidated district under this subchapter, the commissioner
shall:
(1) adjust allotments to the consolidated district to
the extent necessary to preserve the effects of an adjustment under
Section [42.102, 42.103, or] 42.105 to which either of the
consolidating districts would have been entitled but for the
consolidation; and
(2) if either of the consolidating districts would
have been entitled to an allotment under Section 42.164 but for the
consolidation, adjust allotments to the consolidated district in
the amount of the allotment to which the district would have been
entitled under that section.
SECTION 3.008. Section 41.099(a), Education Code, is
amended to read as follows:
(a) Sections [41.002(e),] 41.094 and[,] 41.097[, and
41.098] apply only to a district that:
(1) executes an agreement to purchase all attendance
credits necessary to reduce the district's wealth per student to
the equalized wealth level;
(2) executes an agreement to purchase attendance
credits and an agreement under Subchapter E to contract for the
education of nonresident students who transfer to and are educated
in the district but who are not charged tuition; or
(3) executes an agreement under Subchapter E to
contract for the education of nonresident students:
(A) to an extent that does not provide more than
10 percent of the reduction in wealth per student required for the
district to achieve a wealth per student that is equal to or less
than the equalized wealth level; and
(B) under which all revenue paid by the district
to other districts, in excess of the reduction in state aid that
results from counting the weighted average daily attendance of the
students served in the contracting district, is required to be used
for funding a consortium of at least three districts in a county
with a population of less than 40,000 that is formed to support a
technology initiative.
SECTION 3.009. Section 41.257, Education Code, is amended
to read as follows:
Sec. 41.257. APPLICATION OF SPARSITY ADJUSTMENT [SMALL AND
SPARSE ADJUSTMENTS] AND TRANSPORTATION AND SMALL DISTRICT
ALLOTMENTS [ALLOTMENT]. The budget of the consolidated district
must apply the benefit of the adjustment or allotment to the schools
of the consolidating district to which Section [42.103,] 42.105,
[or] 42.155, or 42.164 would have applied in the event that the
consolidated district still qualifies as a small or sparse
district.
SECTION 3.010. Section 42.007(c), Education Code, is
amended to read as follows:
(c) The funding elements must include:
(1) a basic allotment for the purposes of Section
42.101 that, when combined with the guaranteed yield component
provided by Subchapter F, represents the cost per student of a
regular education program that meets all mandates of law and
regulation;
(2) [adjustments designed to reflect the variation in
known resource costs and costs of education beyond the control of
school districts;
[(3)] appropriate program cost differentials and
other funding elements for the programs authorized under Subchapter
C, with the program funding level expressed as dollar amounts and as
weights applied to the [adjusted] basic allotment for the
appropriate year;
(3) [(4)] the maximum guaranteed level of qualified
state and local funds per student for the purposes of Subchapter F;
(4) [(5)] the enrichment [and facilities] tax rate
under Subchapter F;
(5) [(6)] the computation of students in weighted
average daily attendance under Section 42.302; and
(6) [(7)] the amount to be appropriated for the school
facilities assistance program under Chapter 46.
SECTION 3.011. Sections 42.105(a) and (c), Education Code,
are amended to read as follows:
(a) Notwithstanding Section [Sections] 42.101[, 42.102, and
42.103], a school district that has fewer than 130 students in
average daily attendance shall be provided a [an adjusted] basic
allotment on the basis of 130 students in average daily attendance
if it offers a kindergarten through grade 12 program and has
preceding or current year's average daily attendance of at least 90
students or is 30 miles or more by bus route from the nearest high
school district. A district offering a kindergarten through grade
8 program whose preceding or current year's average daily
attendance was at least 50 students or which is 30 miles or more by
bus route from the nearest high school district shall be provided a
[an adjusted] basic allotment on the basis of 75 students in average
daily attendance. An average daily attendance of 60 students shall
be the basis of providing the [adjusted] basic allotment if a
district offers a kindergarten through grade 6 program and has
preceding or current year's average daily attendance of at least 40
students or is 30 miles or more by bus route from the nearest high
school district.
(c) Notwithstanding Subsection (a) or Section [Sections]
42.101[, 42.102, and 42.103], a school district to which this
subsection applies, as provided by Subsection (b), that has fewer
than 130 students in average daily attendance shall be provided a
[an adjusted] basic allotment on the basis of 130 students in
average daily attendance if it offers a kindergarten through grade
four program and has preceding or current year's average daily
attendance of at least 75 students or is 30 miles or more by bus
route from the nearest high school district.
SECTION 3.012. Sections 42.151(a) and (k), Education Code,
are amended to read as follows:
(a) For each student in average daily attendance in a
special education program under Subchapter A, Chapter 29, in a
mainstream instructional arrangement, a school district is
entitled to an annual allotment equal to the [adjusted] basic
allotment multiplied by 1.1. For each full-time equivalent student
in average daily attendance in a special education program under
Subchapter A, Chapter 29, in an instructional arrangement other
than a mainstream instructional arrangement, a district is entitled
to an annual allotment equal to the [adjusted] basic allotment
multiplied by a weight determined according to instructional
arrangement as follows:
Homebound5.0
Hospital class3.0
Speech therapy5.0
Resource room3.0
Self-contained, mild and moderate,
regular campus3.0
Self-contained, severe, regular campus3.0
Off home campus2.7
Nonpublic day school1.7
Vocational adjustment class2.3
(k) A school district that provides an extended year program
required by federal law for special education students who may
regress is entitled to receive funds in an amount equal to 75
percent, or a lesser percentage determined by the commissioner, of
the [adjusted] basic allotment [or adjusted allotment, as
applicable,] for each full-time equivalent student in average daily
attendance, multiplied by the amount designated for the student's
instructional arrangement under this section, for each day the
program is provided divided by the number of days in the minimum
school year. The total amount of state funding for extended year
services under this section may not exceed $10 million per year. A
school district may use funds received under this section only in
providing an extended year program.
SECTION 3.013. Section 42.152(a), Education Code, is
amended to read as follows:
(a) For each student who is educationally disadvantaged or
who is a student who does not have a disability and resides in a
residential placement facility in a district in which the student's
parent or legal guardian does not reside, a district is entitled to
an annual allotment equal to the [adjusted] basic allotment
multiplied by 0.2, and by 2.41 for each full-time equivalent
student who is in a remedial and support program under Section
29.081 because the student is pregnant.
SECTION 3.014. Section 42.157(a), Education Code, is
amended to read as follows:
(a) Except as provided by Subsection (b), for each student
in average daily attendance who is using a public education grant
under Subchapter G, Chapter 29, to attend school in a district other
than the district in which the student resides, the district in
which the student attends school is entitled to an annual allotment
equal to the [adjusted] basic allotment multiplied by a weight of
0.1.
SECTION 3.015. Section 42.2518(a), Education Code, is
amended to read as follows:
(a) Beginning with the 2017-2018 school year, a school
district is entitled to additional state aid to the extent that
state and local revenue under this chapter and Chapter 41 is less
than the state and local revenue that would have been available to
the district under Chapter 41 and this chapter as those chapters
existed on September 1, 2015, excluding any state aid or adjustment
in wealth per student that would have been provided under former
Sections 41.002(e)-(g) or former Section 42.2516, if the increase
in the residence homestead exemption under Section 1-b(c), Article
VIII, Texas Constitution, and the additional limitation on tax
increases under Section 1-b(d) of that article as proposed by
S.J.R. 1, 84th Legislature, Regular Session, 2015, had not
occurred.
SECTION 3.016. Section 42.302(a), Education Code, is
amended to read as follows:
(a) Each school district is guaranteed a specified amount
per weighted student in state and local funds for each cent of tax
effort over that required for the district's local fund assignment
up to the maximum level specified in this subchapter. The amount
of state support, subject only to the maximum amount under Section
42.303, is determined by the formula:
GYA = (GL X WADA X DTR X 100) - LR
where:
"GYA" is the guaranteed yield amount of state funds to be
allocated to the district;
"GL" is the dollar amount guaranteed level of state and local
funds per weighted student per cent of tax effort, which is an
amount described by Subsection (a-1) or a greater amount for any
year provided by appropriation;
"WADA" is the number of students in weighted average daily
attendance, which is calculated by dividing the sum of the school
district's allotments under Subchapters B and C, less any allotment
to the district for transportation and[,] any allotment under
Section 42.158 [or 42.160, and 50 percent of the adjustment under
Section 42.102], by the basic allotment for the applicable year;
"DTR" is the district enrichment tax rate of the school
district, which is determined by subtracting the amounts specified
by Subsection (b) from the total amount of maintenance and
operations taxes collected by the school district for the
applicable school year and dividing the difference by the quotient
of the district's taxable value of property as determined under
Subchapter M, Chapter 403, Government Code, or, if applicable,
under Section 42.2521, divided by 100; and
"LR" is the local revenue, which is determined by multiplying
"DTR" by the quotient of the district's taxable value of property as
determined under Subchapter M, Chapter 403, Government Code, or, if
applicable, under Section 42.2521, divided by 100.
SECTION 3.017. Section 322.008(b), Government Code, is
amended to read as follows:
(b) The general appropriations bill may include for
purposes of information the funding elements computed by the
Legislative Budget Board under Section 42.007, Education Code[,
excluding the values for each school district calculated under
Section 42.007(c)(2), Education Code]. If the funding elements are
included, the funding elements under Section 42.007(c)(2)
[42.007(c)(3)], Education Code, shall be reported in dollar amounts
per pupil.
SECTION 3.018. Section 825.405(b), Government Code, is
amended to read as follows:
(b) For purposes of this section:
(1) the statutory minimum salary for certain school
personnel under Section 21.402, Education Code, is the salary
provided by that section multiplied by the cost of education index
adjustment adopted by the foundation school fund budget committee
and contained in Chapter 203, Title 19, Texas Administrative Code,
as that chapter existed on March 26, 1997, applicable [under
Section 42.102, Education Code,] to the district in which the
member is employed; and
(2) the statutory minimum salary for members who would
have been entitled to the minimum salary for certain school
personnel under former Section 16.056, Education Code, as that
section existed on January 1, 1995, is a minimum salary computed in
the same manner as the minimum salary for certain school personnel
under Section 21.402, Education Code, multiplied by the cost of
education index adjustment adopted by the foundation school fund
budget committee and contained in Chapter 203, Title 19, Texas
Administrative Code, as that chapter existed on March 26, 1997,
applicable [under Section 42.102, Education Code,] to the district
in which the member is employed.
ARTICLE 4. REPEALER
SECTION 4.001. (a) The following provisions of the
Education Code are repealed:
(1) Section 29.097(g);
(2) Section 29.098(e);
(3) Section 29.165;
(4) Section 29.166;
(5) Section 39.233;
(6) Section 39.234;
(7) Sections 41.002(e), (f), and (g);
(8) Section 41.098;
(9) Section 42.102;
(10) Section 42.103;
(11) Section 42.104;
(12) Section 42.155(b)(3);
(13) Section 42.156;
(14) Section 42.160;
(15) Section 42.2513; and
(16) Section 42.2517.
(b) Effective September 1, 2023, Section 42.164(c),
Education Code, as added by this Act, is repealed.
ARTICLE 5. TRANSITION
SECTION 5.001. (a) Except as provided by Subsection (b) of
this section, Article 2 of this Act applies beginning with the
2019-2020 school year.
(b) Section 28.025, Education Code, as amended by this Act,
and Section 28.0256, Education Code, as added by this Act, apply
beginning with students enrolled at the 12th grade level during the
2020-2021 school year.
SECTION 5.002. Not later than September 1, 2019, the
commissioner of education shall adopt the list of approved third
grade reading multidimensional assessments as required under
Section 42.162, Education Code, as added by this Act.
SECTION 5.003. Not later than September 1, 2020, each
school district shall submit and post on the district's Internet
website the initial report required under Section 11.2522,
Education Code, as added by this Act.
SECTION 5.004. Not later than December 1, 2020, the Texas
Education Agency and the Texas Higher Education Coordinating Board
jointly shall prepare and submit the initial report required under
Section 7.038, Education Code, as added by this Act.
SECTION 5.005. To the extent of any conflict, this Act
prevails over another Act of the 86th Legislature, Regular Session,
2019, relating to nonsubstantive additions to and corrections in
enacted codes.
ARTICLE 6. EFFECTIVE DATE
SECTION 6.001. Except as otherwise provided by this Act,
this Act takes effect September 1, 2019.