1 | 1 | | By: Bernal H.B. No. 1017 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | A BILL TO BE ENTITLED |
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5 | 5 | | AN ACT |
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6 | 6 | | relating to a study of the impact and feasibility of adopting |
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7 | 7 | | average daily membership when determining the entitlement of a |
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8 | 8 | | school district or open-enrollment charter school. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. (a) The commissioner of education shall conduct |
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11 | 11 | | a study of the impact and feasibility of adopting average daily |
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12 | 12 | | membership when determining the entitlement of a school district or |
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13 | 13 | | open-enrollment charter school. |
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14 | 14 | | (b) The commissioner of education shall establish an |
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15 | 15 | | advisory committee to assist the commissioner of education in |
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16 | 16 | | conducting the study. The advisory committee must be composed of: |
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17 | 17 | | (1) the following representatives appointed by the |
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18 | 18 | | commissioner of education: |
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19 | 19 | | (A) one representative of a school district that |
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20 | 20 | | is considered a "major urban" district, as defined by the Texas |
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21 | 21 | | Education Agency; |
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22 | 22 | | (B) one representative of a school district that |
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23 | 23 | | is considered a "major suburban" district, as defined by the Texas |
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24 | 24 | | Education Agency; |
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25 | 25 | | (C) one representative of a school district that |
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26 | 26 | | is considered an "other central city" district, as defined by the |
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27 | 27 | | Texas Education Agency; |
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28 | 28 | | (D) one representative of a school district that |
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29 | 29 | | is considered an "other central city suburban" district, as defined |
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30 | 30 | | by the Texas Education Agency; |
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31 | 31 | | (E) one representative of a school district that |
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32 | 32 | | is considered an "independent town" district, as defined by the |
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33 | 33 | | Texas Education Agency; |
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34 | 34 | | (F) one representative of a school district that |
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35 | 35 | | is considered a "non-metropolitan: fast growing" district, as |
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36 | 36 | | defined by the Texas Education Agency; |
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37 | 37 | | (G) one representative of a school district that |
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38 | 38 | | is considered a "non-metropolitan: stable" district, as defined by |
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39 | 39 | | the Texas Education Agency; |
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40 | 40 | | (H) one representative of a school district that |
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41 | 41 | | is considered a "rural" district, as defined by the Texas Education |
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42 | 42 | | Agency; |
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43 | 43 | | (I) one or more representatives from an |
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44 | 44 | | open-enrollment charter school; |
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45 | 45 | | (J) one or more representatives from |
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46 | 46 | | organizations interested in the effect of chronic absenteeism; |
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47 | 47 | | (K) public school finance experts; |
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48 | 48 | | (L) one or more representatives from the Texas |
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49 | 49 | | Demographic Center; and |
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50 | 50 | | (M) agency staff, as appropriate. |
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51 | 51 | | (c) The commissioner of education, with the assistance of |
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52 | 52 | | the advisory committee, shall study: |
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53 | 53 | | (1) the impact of transitioning from average daily |
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54 | 54 | | attendance to average daily membership on entitlements for school |
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55 | 55 | | districts and open-enrollment charter schools and the state school |
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56 | 56 | | finance system, disaggregated by all student groups served by the |
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57 | 57 | | districts and open-enrollment charter schools, including |
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58 | 58 | | categories of ethnicity, socioeconomic status, sex, populations |
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59 | 59 | | eligible for allotments under Subchapter C, Chapter 48, Education |
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60 | 60 | | Code, and populations served by special programs, including |
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61 | 61 | | students in special education programs under Subchapter A, Chapter |
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62 | 62 | | 29, Education Code; and |
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63 | 63 | | (2) the statutory and administrative changes that |
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64 | 64 | | would be necessary to effectively calculate district entitlements |
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65 | 65 | | under Subsection (c)(1); |
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66 | 66 | | (d) In studying the adoption of a new model for entitlement |
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67 | 67 | | calculations, the commissioner of education and the advisory |
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68 | 68 | | committee must compare the benefits and costs among different types |
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69 | 69 | | of districts, including comparisons between: |
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70 | 70 | | (1) "major urban" districts, as defined by the Texas |
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71 | 71 | | Education Agency; |
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72 | 72 | | (2) "major suburban" districts, as defined by the |
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73 | 73 | | Texas Education Agency; |
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74 | 74 | | (3) "other central city" districts, as defined by the |
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75 | 75 | | Texas Education Agency; |
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76 | 76 | | (4) "other central city suburban" districts, as |
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77 | 77 | | defined by the Texas Education Agency; |
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78 | 78 | | (5) "independent town" districts, as defined by the |
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79 | 79 | | Texas Education Agency; |
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80 | 80 | | (6) "non-metropolitan: fast growth" districts, as |
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81 | 81 | | defined by the Texas Education Agency; |
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82 | 82 | | (7) "non-metropolitan: stable" districts, as defined |
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83 | 83 | | by the Texas Education Agency; |
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84 | 84 | | (8) "rural" districts, as defined by the Texas |
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85 | 85 | | Education Agency; and |
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86 | 86 | | (9) open-enrollment charter districts. |
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87 | 87 | | (e) The commissioner of education and the advisory |
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88 | 88 | | committee shall prepare a report that: |
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89 | 89 | | (1) forecasts the fiscal impact to the State to |
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90 | 90 | | transition from the current school finance system that utilizes |
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91 | 91 | | average daily attendance to the systems described in Subsection |
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92 | 92 | | (c)(1) for a period of five years; |
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93 | 93 | | (2) evaluates relevant academic research regarding |
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94 | 94 | | the connection between attendance and academic success, and methods |
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95 | 95 | | and their cost to improve attendance in chronically absent |
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96 | 96 | | populations; and |
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97 | 97 | | (3) make recommendations regarding: |
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98 | 98 | | (A) methods for transitioning away from |
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99 | 99 | | utilizing average daily attendance as a system of funding |
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100 | 100 | | distribution to using a system that is dependent on both student |
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101 | 101 | | enrollment and student attendance in a manner that offers funding |
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102 | 102 | | stability; |
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103 | 103 | | (B) phasing in a new approach under Subsection |
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104 | 104 | | (c)(1) in a manner that would lessen the overall cost burden to the |
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105 | 105 | | state; and |
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106 | 106 | | (C) appropriate ways to consider enrollment when |
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107 | 107 | | determining entitlement calculations, including establishing |
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108 | 108 | | average daily membership as a calculation model; |
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109 | 109 | | (f) The commissioner of education may partner with school |
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110 | 110 | | districts, open-enrollment charter schools, or other appropriate |
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111 | 111 | | entities for assistance and to obtain information necessary to |
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112 | 112 | | conduct the study. A state agency, school district, or |
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113 | 113 | | open-enrollment charter school shall assist the commissioner of |
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114 | 114 | | education if the commissioner of education requests information or |
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115 | 115 | | assistance in conducting the study. |
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116 | 116 | | (g) Not later than December 1, 2022, the commissioner of |
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117 | 117 | | education shall submit to the governor, lieutenant governor, |
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118 | 118 | | members of the texas senate, speaker of the house of |
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119 | 119 | | representatives and members of the Texas house of representatives |
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120 | 120 | | the report prepared under Subsection (e) of this section. |
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121 | 121 | | SECTION 2. This Act expires September 1, 2023. |
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122 | 122 | | SECTION 3. This Act takes effect immediately if it receives |
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123 | 123 | | a vote of two-thirds of all the members elected to each house, as |
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124 | 124 | | provided by Section 39, Article III, Texas Constitution. If this |
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125 | 125 | | Act does not receive the vote necessary for immediate effect, this |
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126 | 126 | | Act takes effect September 1, 2021. |
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