63 | 34 | | Code, are amended to read as follows: |
---|
64 | 35 | | (b) Each school year, [using state funds received by the |
---|
65 | 36 | | charter holder for that purpose under Subsection (d),] a charter |
---|
66 | 37 | | holder that participated in the program under Chapter 1579, |
---|
67 | 38 | | Insurance Code, for the 2005-2006 school year shall provide |
---|
68 | 39 | | employees of the charter holder, other than administrators, |
---|
69 | 40 | | compensation in the form of annual salaries, incentives, or other |
---|
70 | 41 | | compensation determined appropriate by the charter holder that |
---|
71 | 42 | | results in an average compensation increase for classroom teachers, |
---|
72 | 43 | | full-time librarians, full-time school counselors, and full-time |
---|
73 | 44 | | school nurses who are employed by the charter holder and who would |
---|
74 | 45 | | be entitled to a minimum salary under Section 21.402 if employed by |
---|
75 | 46 | | a school district, in an amount at least equal to $2,500. |
---|
76 | 47 | | (b-1) A [Using state funds received by the charter holder |
---|
77 | 48 | | for that purpose under Subsection (d-1), a] charter holder that |
---|
78 | 49 | | participated in the program under Chapter 1579, Insurance Code, for |
---|
79 | 50 | | the 2005-2006 school year shall provide employees of the charter |
---|
80 | 51 | | holder, other than administrators, compensation in the form of |
---|
81 | 52 | | annual salaries, incentives, or other compensation determined |
---|
82 | 53 | | appropriate by the charter holder that results in average |
---|
83 | 54 | | compensation increases as follows: |
---|
84 | 55 | | (1) for full-time employees other than employees who |
---|
85 | 56 | | would be entitled to a minimum salary under Section 21.402 if |
---|
86 | 57 | | employed by a school district, an average increase at least equal to |
---|
87 | 58 | | $500; and |
---|
88 | 59 | | (2) for part-time employees, an average increase at |
---|
89 | 60 | | least equal to $250. |
---|
90 | 61 | | (c) Each school year, [using state funds received by the |
---|
91 | 62 | | charter holder for that purpose under Subsection (e),] a charter |
---|
92 | 63 | | holder that did not participate in the program under Chapter 1579, |
---|
93 | 64 | | Insurance Code, for the 2005-2006 school year shall provide |
---|
94 | 65 | | employees of the charter holder, other than administrators, |
---|
95 | 66 | | compensation in the form of annual salaries, incentives, or other |
---|
96 | 67 | | compensation determined appropriate by the charter holder that |
---|
97 | 68 | | results in an average compensation increase for classroom teachers, |
---|
98 | 69 | | full-time librarians, full-time school counselors, and full-time |
---|
99 | 70 | | school nurses who are employed by the charter holder and who would |
---|
100 | 71 | | be entitled to a minimum salary under Section 21.402 if employed by |
---|
101 | 72 | | a school district, in an amount at least equal to $2,000. |
---|
111 | | - | (d) The agency shall provide [private schools and public |
---|
112 | | - | schools] equivalent access to the registry maintained under this |
---|
113 | | - | section to: |
---|
114 | | - | (1) private schools; |
---|
115 | | - | (2) public schools; and |
---|
116 | | - | (3) nonprofit teacher organizations approved by the |
---|
117 | | - | commissioner for the purpose of participating in the tutoring |
---|
118 | | - | program established under Section 33.913. |
---|
119 | | - | SECTION 7. Section 28.004, Education Code, is amended by |
---|
120 | | - | amending Subsections (d-1), (h), (i), (i-1), and (j) and adding |
---|
121 | | - | Subsections (d-2), (e-1), (e-2), (e-3), (i-2), (i-3), (j-1), and |
---|
122 | | - | (p) to read as follows: |
---|
123 | | - | (d-1) The local school health advisory council shall meet at |
---|
124 | | - | least four times each year. For each meeting, the council shall: |
---|
125 | | - | (1) at least 72 hours before the meeting: |
---|
126 | | - | (A) post notice of the date, hour, place, and |
---|
127 | | - | subject of the meeting on a bulletin board in the central |
---|
128 | | - | administrative office of each campus in the school district; and |
---|
129 | | - | (B) ensure that the notice required under |
---|
130 | | - | Paragraph (A) is posted on the district's Internet website, if the |
---|
131 | | - | district has an Internet website; |
---|
132 | | - | (2) prepare and maintain minutes of the meeting that |
---|
133 | | - | state the subject and content of each deliberation and each vote, |
---|
134 | | - | order, decision, or other action taken by the council during the |
---|
135 | | - | meeting; |
---|
136 | | - | (3) make an audio or video recording of the meeting; |
---|
137 | | - | and |
---|
138 | | - | (4) not later than the 10th day after the meeting, |
---|
139 | | - | submit the minutes and audio or video recording of the meeting to |
---|
140 | | - | the district. |
---|
141 | | - | (d-2) As soon as practicable after receipt of the minutes |
---|
142 | | - | and audio or video recording under Subsection (d-1)(4), the school |
---|
143 | | - | district shall post the minutes and audio or video recording on the |
---|
144 | | - | district's Internet website, if the district has an Internet |
---|
145 | | - | website. |
---|
146 | | - | (e-1) The board of trustees shall adopt a policy |
---|
147 | | - | establishing a process for the adoption of curriculum materials for |
---|
148 | | - | the school district's human sexuality instruction. The policy must |
---|
149 | | - | require: |
---|
150 | | - | (1) the board to adopt a resolution convening the |
---|
151 | | - | local school health advisory council for the purpose of making |
---|
152 | | - | recommendations regarding the curriculum materials; |
---|
153 | | - | (2) the local school health advisory council to: |
---|
154 | | - | (A) after the board's adoption of the resolution |
---|
155 | | - | under Subdivision (1), hold at least two public meetings on the |
---|
156 | | - | curriculum materials before adopting recommendations; and |
---|
157 | | - | (B) provide the recommendations adopted under |
---|
158 | | - | Paragraph (A) to the board at a public meeting of the board; and |
---|
159 | | - | (3) the board, after receipt of the local school |
---|
160 | | - | health advisory council's recommendations under Subdivision (2), |
---|
161 | | - | to take action on the adoption of the recommendations by a record |
---|
162 | | - | vote at a public meeting. |
---|
163 | | - | (e-2) Curriculum materials proposed to be adopted for the |
---|
164 | | - | school district's human sexuality instruction must be made |
---|
165 | | - | available as provided by Subsection (j)(1) or (2)(A) or (C), as |
---|
166 | | - | applicable. |
---|
167 | | - | (e-3) Before adopting curriculum materials for the school |
---|
168 | | - | district's human sexuality instruction, the board of trustees shall |
---|
169 | | - | ensure that the curriculum materials are: |
---|
170 | | - | (1) based on the advice of the local school health |
---|
171 | | - | advisory council; |
---|
172 | | - | (2) suitable for the subject and grade level for which |
---|
173 | | - | the curriculum materials are intended; and |
---|
174 | | - | (3) reviewed by academic experts in the subject and |
---|
175 | | - | grade level for which the curriculum materials are intended. |
---|
176 | | - | (h) The board of trustees shall determine the specific |
---|
177 | | - | content of the district's instruction in human sexuality, in |
---|
178 | | - | accordance with this section [Subsections (e), (f), and (g)]. |
---|
179 | | - | (i) Before each school year, a school district shall provide |
---|
180 | | - | written notice to a parent of each student enrolled in the district |
---|
181 | | - | of the board of trustees' decision regarding whether the district |
---|
182 | | - | will provide human sexuality instruction to district students. If |
---|
183 | | - | instruction will be provided, the notice must include: |
---|
184 | | - | (1) a [summary of the basic content of the district's |
---|
185 | | - | human sexuality instruction to be provided to the student, |
---|
186 | | - | including a] statement informing the parent of the human sexuality |
---|
187 | | - | instruction [instructional] requirements under state law; |
---|
188 | | - | (2) a detailed description of the content of the |
---|
189 | | - | district's human sexuality instruction and a general schedule on |
---|
190 | | - | which the instruction will be provided; |
---|
191 | | - | (3) a statement of the parent's right to: |
---|
192 | | - | (A) at the parent's discretion, review or |
---|
193 | | - | purchase a copy of curriculum materials as provided by Subsection |
---|
194 | | - | (j); [and] |
---|
195 | | - | (B) remove the student from any part of the |
---|
196 | | - | district's human sexuality instruction without subjecting the |
---|
197 | | - | student to any disciplinary action, academic penalty, or other |
---|
198 | | - | sanction imposed by the district or the student's school; and |
---|
199 | | - | (C) use the grievance procedure as provided by |
---|
200 | | - | Subsection (i-1) or the appeals process under Section 7.057 |
---|
201 | | - | concerning a complaint of a violation of this section; |
---|
202 | | - | (4) a statement that any curriculum materials in the |
---|
203 | | - | public domain used for the district's human sexuality instruction |
---|
204 | | - | must be posted on the district's Internet website, if the district |
---|
205 | | - | has an Internet website, and the Internet website address at which |
---|
206 | | - | the curriculum materials are located; and |
---|
207 | | - | (5) [(3)] information describing the opportunities |
---|
208 | | - | for parental involvement in the development of the curriculum to be |
---|
209 | | - | used in human sexuality instruction, including information |
---|
210 | | - | regarding the local school health advisory council established |
---|
211 | | - | under Subsection (a). |
---|
212 | | - | (i-1) A parent may use the grievance procedure adopted under |
---|
213 | | - | Section 26.011 concerning a complaint of a violation of this |
---|
214 | | - | section [Subsection (i)]. |
---|
215 | | - | (i-2) Before a student may be provided with human sexuality |
---|
216 | | - | instruction, a school district must obtain the written consent of |
---|
217 | | - | the student's parent. A request for written consent under this |
---|
218 | | - | subsection: |
---|
219 | | - | (1) may not be included with any other notification or |
---|
220 | | - | request for written consent provided to the parent, other than the |
---|
221 | | - | notice provided under Subsection (i); and |
---|
222 | | - | (2) must be provided to the parent not later than the |
---|
223 | | - | 14th day before the date on which the human sexuality instruction |
---|
224 | | - | begins. |
---|
225 | | - | (i-3) Subsection (i-2) and this subsection expire August 1, |
---|
226 | | - | 2024. |
---|
227 | | - | (j) A school district shall make all curriculum materials |
---|
228 | | - | used in the district's human sexuality instruction available by: |
---|
229 | | - | (1) for curriculum materials in the public domain: |
---|
230 | | - | (A) providing a copy of the curriculum materials |
---|
231 | | - | by mail or e-mail to a parent of a student enrolled in the district |
---|
232 | | - | on the parent's request; and |
---|
233 | | - | (B) posting the curriculum materials on the |
---|
234 | | - | district's Internet website, if the district has an Internet |
---|
235 | | - | website; and |
---|
236 | | - | (2) for copyrighted curriculum materials, allowing a |
---|
237 | | - | parent of a student enrolled in the district to: |
---|
238 | | - | (A) review the curriculum materials at the |
---|
239 | | - | student's campus at any time during regular business hours; |
---|
240 | | - | (B) purchase a copy of the curriculum materials |
---|
241 | | - | from the publisher as provided by the district's purchase agreement |
---|
242 | | - | for the curriculum materials under Subsection (j-1); or |
---|
243 | | - | (C) review the curriculum materials online |
---|
244 | | - | through a secure electronic account in a manner that prevents the |
---|
245 | | - | curriculum materials from being copied and that otherwise complies |
---|
246 | | - | with copyright law [for reasonable public inspection]. |
---|
247 | | - | (j-1) If a school district purchases from a publisher |
---|
248 | | - | copyrighted curriculum materials for use in the district's human |
---|
249 | | - | sexuality instruction, the district shall ensure that the purchase |
---|
250 | | - | agreement provides for a means by which a parent of a student |
---|
251 | | - | enrolled in the district may purchase a copy of the curriculum |
---|
252 | | - | materials from the publisher at a price that does not exceed the |
---|
253 | | - | price per unit paid by the district for the curriculum materials. |
---|
254 | | - | (p) In this section: |
---|
255 | | - | (1) "Curriculum materials" includes the curriculum, |
---|
256 | | - | teacher training materials, and any other materials used in |
---|
257 | | - | providing instruction. |
---|
258 | | - | (2) "Human sexuality instruction," "instruction in |
---|
259 | | - | human sexuality," and "instruction relating to human sexuality" |
---|
260 | | - | include instruction in reproductive health. |
---|
261 | | - | SECTION 8. Section 28.0062(a), Education Code, is amended |
---|
| 82 | + | (h) In addition to the penalty provided by Section 37.10, |
---|
| 83 | + | Penal Code, a person who knowingly falsifies information on a form |
---|
| 84 | + | required for enrollment of a student in a school district is liable |
---|
| 85 | + | to the district if the student is not eligible for enrollment in the |
---|
| 86 | + | district but is enrolled on the basis of the false information. The |
---|
| 87 | + | person is liable, for the period during which the ineligible |
---|
| 88 | + | student is enrolled, for [the greater of: |
---|
| 89 | + | [(1) the maximum tuition fee the district may charge |
---|
| 90 | + | under Section 25.038; or |
---|
| 91 | + | [(2)] the amount the district has budgeted for each |
---|
| 92 | + | student as maintenance and operating expenses. |
---|
| 93 | + | SECTION 5. Section 28.0062(a), Education Code, is amended |
---|
289 | | - | SECTION 9. Section 29.026, Education Code, is amended by |
---|
290 | | - | amending Subsections (c), (h), (k), and (o) and adding Subsection |
---|
291 | | - | (l-1) to read as follows: |
---|
292 | | - | (c) A program is eligible for a grant under this section if |
---|
293 | | - | the program: |
---|
294 | | - | (1) [the program operates as an independent campus or |
---|
295 | | - | a separate program from the campus in which the program is located, |
---|
296 | | - | with a separate budget; |
---|
297 | | - | [(2) the program] incorporates: |
---|
298 | | - | (A) evidence-based and research-based design; |
---|
299 | | - | (B) the use of empirical data on student |
---|
300 | | - | achievement and improvement; |
---|
301 | | - | (C) parental support and collaboration; |
---|
302 | | - | (D) the use of technology; |
---|
303 | | - | (E) meaningful inclusion; and |
---|
304 | | - | (F) the ability to replicate the program for |
---|
305 | | - | students statewide; and |
---|
306 | | - | (2) [(3) the program] gives priority for enrollment |
---|
307 | | - | to students with autism[; |
---|
308 | | - | [(4) the program limits enrollment and services to |
---|
309 | | - | students who are: |
---|
310 | | - | [(A) at least three years of age; and |
---|
311 | | - | [(B) younger than nine years of age or are |
---|
312 | | - | enrolled in the third grade or a lower grade level; and |
---|
313 | | - | [(5) the program allows a student who turns nine years |
---|
314 | | - | of age or older during a school year to remain in the program until |
---|
315 | | - | the end of that school year]. |
---|
316 | | - | (h) [The commissioner shall award grants to fund not more |
---|
317 | | - | than 10 programs that meet the eligibility criteria under |
---|
318 | | - | Subsection (c).] In selecting programs to receive a grant under |
---|
319 | | - | this section, the commissioner shall prioritize programs that are |
---|
320 | | - | collaborations between multiple school districts, multiple charter |
---|
321 | | - | schools, or school districts and charter schools. The selected |
---|
322 | | - | programs must reflect the diversity of this state. |
---|
323 | | - | (k) The commissioner shall use [set aside an amount not to |
---|
324 | | - | exceed $20 million from the total amount of] funds appropriated or |
---|
325 | | - | otherwise available [for the 2018-2019 fiscal biennium] to fund |
---|
326 | | - | grants under this section. [The commissioner shall use $10 million |
---|
327 | | - | for the purposes of this section for each school year in the state |
---|
328 | | - | fiscal biennium. A grant recipient may not receive more than $1 |
---|
329 | | - | million for the 2018-2019 fiscal biennium. The commissioner shall |
---|
330 | | - | reduce each district's and charter school's allotment |
---|
331 | | - | proportionally to account for funds allocated under this section.] |
---|
332 | | - | (l-1) A regional education service center may administer |
---|
333 | | - | grants awarded under this section. |
---|
334 | | - | (o) This section expires September 1, 2023 [2021]. |
---|
335 | | - | SECTION 10. Section 29.027, Education Code, is amended to |
---|
336 | | - | read as follows: |
---|
337 | | - | Sec. 29.027. GRANT PROGRAM PROVIDING TRAINING IN [SERVICES |
---|
338 | | - | TO STUDENTS WITH] DYSLEXIA FOR TEACHERS AND STAFF. (a) The |
---|
339 | | - | commissioner shall establish a program to award grants to school |
---|
340 | | - | districts and open-enrollment charter schools to increase local |
---|
341 | | - | capacity to appropriately serve [that provide innovative services |
---|
342 | | - | to] students with dyslexia. |
---|
343 | | - | (b) A school district, including a school district acting |
---|
344 | | - | through a district charter issued under Subchapter C, Chapter 12, |
---|
345 | | - | or [and] an open-enrollment charter school, including a charter |
---|
346 | | - | school that primarily serves students with disabilities, as |
---|
347 | | - | provided under Section 12.1014, is eligible to [may] apply for a |
---|
348 | | - | grant under this section[. |
---|
349 | | - | [(c) A program is eligible for a grant under this section] |
---|
350 | | - | if the district or school submits to the commissioner a proposal on |
---|
351 | | - | the use of grant funds that: |
---|
352 | | - | (1) [the program operates as an independent campus or |
---|
353 | | - | a separate program from the campus in which the program is located, |
---|
354 | | - | with a separate budget; |
---|
355 | | - | [(2) the program] incorporates[: |
---|
356 | | - | [(A)] evidence-based and research-based design; |
---|
357 | | - | and |
---|
358 | | - | (2) increases local capacity to appropriately serve |
---|
359 | | - | students with dyslexia by providing: |
---|
360 | | - | (A) high-quality training to classroom teachers |
---|
361 | | - | and administrators in meeting the needs of students with dyslexia; |
---|
362 | | - | or |
---|
363 | | - | (B) training to intervention staff resulting in |
---|
364 | | - | appropriate credentialing related to dyslexia [the use of empirical |
---|
365 | | - | data on student achievement and improvement; |
---|
366 | | - | [(C) parental support and collaboration; |
---|
367 | | - | [(D) the use of technology; |
---|
368 | | - | [(E) meaningful inclusion; and |
---|
369 | | - | [(F) the ability to replicate the program for |
---|
370 | | - | students statewide; |
---|
371 | | - | [(3) the program gives priority for enrollment to |
---|
372 | | - | students with dyslexia; |
---|
373 | | - | [(4) the program limits enrollment and services to |
---|
374 | | - | students who are: |
---|
375 | | - | [(A) at least three years of age; and |
---|
376 | | - | [(B) younger than nine years of age or are |
---|
377 | | - | enrolled in the third grade or a lower grade level; and |
---|
378 | | - | [(5) the program allows a student who turns nine years |
---|
379 | | - | of age or older during a school year to remain in the program until |
---|
380 | | - | the end of that school year]. |
---|
381 | | - | (c) [(d) A school district or open-enrollment charter |
---|
382 | | - | school may not: |
---|
383 | | - | [(1) charge a fee for the program, other than those |
---|
384 | | - | authorized by law for students in public schools; |
---|
385 | | - | [(2) require a parent to enroll a child in the program; |
---|
386 | | - | [(3) allow an admission, review, and dismissal |
---|
387 | | - | committee to place a student in the program without the written |
---|
388 | | - | consent of the student's parent or guardian; or |
---|
389 | | - | [(4) continue the placement of a student in the |
---|
390 | | - | program after the student's parent or guardian revokes consent, in |
---|
391 | | - | writing, to the student's placement in the program. |
---|
392 | | - | [(e) A program under this section may: |
---|
393 | | - | [(1) alter the length of the school day or school year |
---|
394 | | - | or the number of minutes of instruction received by students; |
---|
395 | | - | [(2) coordinate services with private or |
---|
396 | | - | community-based providers; |
---|
397 | | - | [(3) allow the enrollment of students without |
---|
398 | | - | disabilities or with other disabilities, if approved by the |
---|
399 | | - | commissioner; and |
---|
400 | | - | [(4) adopt staff qualifications and staff to student |
---|
401 | | - | ratios that differ from the applicable requirements of this title. |
---|
402 | | - | [(f) The commissioner shall adopt rules creating an |
---|
403 | | - | application and selection process for grants awarded under this |
---|
404 | | - | section. |
---|
405 | | - | [(g)] The commissioner shall create an external panel of |
---|
406 | | - | stakeholders, including parents of students with disabilities, to |
---|
407 | | - | provide assistance in the selection of applications for the award |
---|
408 | | - | of grants under this section. |
---|
409 | | - | (d) [(h) The commissioner shall award grants to fund not |
---|
410 | | - | more than 10 programs that meet the eligibility criteria under |
---|
411 | | - | Subsection (c). In selecting programs, the commissioner shall |
---|
412 | | - | prioritize programs that are collaborations between multiple |
---|
413 | | - | school districts, multiple charter schools, or school districts and |
---|
414 | | - | charter schools. The selected programs must reflect the diversity |
---|
415 | | - | of this state. |
---|
416 | | - | [(i)] The commissioner shall select grant recipients |
---|
417 | | - | [programs] and award grant funds [to those programs] beginning in |
---|
418 | | - | the 2021-2022 [2018-2019] school year. The grants [selected |
---|
419 | | - | programs] are to be awarded [funded] for two years. |
---|
420 | | - | (e) [(j)] A grant awarded to a school district or |
---|
421 | | - | open-enrollment charter school under this section is in addition to |
---|
422 | | - | the Foundation School Program funds that the district or charter |
---|
423 | | - | school is otherwise entitled to receive. A grant awarded under this |
---|
424 | | - | section may not come out of Foundation School Program funds. |
---|
425 | | - | (f) [(k)] The commissioner shall use [set aside an amount |
---|
426 | | - | not to exceed $20 million from the total amount of] funds |
---|
427 | | - | appropriated or otherwise available [for the 2018-2019 fiscal |
---|
428 | | - | biennium] to fund grants under this section. [The commissioner |
---|
429 | | - | shall use $10 million for the purposes of this section for each |
---|
430 | | - | school year in the state fiscal biennium. A grant recipient may not |
---|
431 | | - | receive more than $1 million for the 2018-2019 fiscal biennium. The |
---|
432 | | - | commissioner shall reduce each district's and charter school's |
---|
433 | | - | allotment proportionally to account for funds allocated under this |
---|
434 | | - | section.] |
---|
435 | | - | (g) [(l)] The commissioner and any grant recipient |
---|
436 | | - | [program] selected under this section may accept gifts, grants, and |
---|
437 | | - | donations from any public or private source, person, or group to |
---|
438 | | - | implement and administer the grant [program]. The commissioner and |
---|
439 | | - | any grant recipient [program] selected under this section may not |
---|
440 | | - | require any financial contribution from parents to implement and |
---|
441 | | - | administer the grant [program]. |
---|
442 | | - | (h) A regional education service center may administer |
---|
443 | | - | grants awarded under this section. |
---|
444 | | - | (i) [(m) The commissioner may consider a student with |
---|
445 | | - | dyslexia who is enrolled in a program funded under this section as |
---|
446 | | - | funded in a mainstream placement, regardless of the amount of time |
---|
447 | | - | the student receives services in a regular classroom setting. |
---|
448 | | - | [(n) Not later than December 31, 2020, the commissioner |
---|
449 | | - | shall publish a report on the grant program established under this |
---|
450 | | - | section. The report must include: |
---|
451 | | - | [(1) recommendations for statutory or funding changes |
---|
452 | | - | necessary to implement successful innovations in the education of |
---|
453 | | - | students with dyslexia; and |
---|
454 | | - | [(2) data on the academic and functional achievements |
---|
455 | | - | of students enrolled in a program that received a grant under this |
---|
456 | | - | section. |
---|
457 | | - | [(o)] This section expires September 1, 2023 [2021]. |
---|
458 | | - | SECTION 11. Section 29.153(d-1), Education Code, is amended |
---|
| 121 | + | SECTION 6. Section 29.153(d-1), Education Code, is amended |
---|
468 | | - | SECTION 12. Subchapter Z, Chapter 29, Education Code, is |
---|
469 | | - | amended by adding Sections 29.929, 29.930, 29.931, 29.932, 29.933, |
---|
470 | | - | and 29.934 to read as follows: |
---|
471 | | - | Sec. 29.929. PROGRAMS TO ENSURE ONE-TIME INTENSIVE |
---|
472 | | - | EDUCATIONAL SUPPORTS FOR OVERCOMING COVID-19 PANDEMIC IMPACT. (a) |
---|
473 | | - | From state discretionary funds under Section 313(e), Coronavirus |
---|
474 | | - | Response and Relief Supplemental Appropriations Act, 2021 (Div. M, |
---|
475 | | - | Pub. L. No. 116-260, reprinted in note, 20 U.S.C. Section 3401) and |
---|
476 | | - | Section 2001(f), American Rescue Plan Act of 2021 (Pub. L. |
---|
477 | | - | No. 117-2, reprinted in note, 20 U.S.C. Section 3401) and other |
---|
478 | | - | funds appropriated, the agency shall establish programs that assist |
---|
479 | | - | school districts and open-enrollment charter schools in |
---|
480 | | - | implementing intensive supports to ensure students perform at grade |
---|
481 | | - | level and graduate demonstrating college, career, or military |
---|
482 | | - | readiness. Programs established under this section must include: |
---|
483 | | - | (1) expanding learning options for: |
---|
484 | | - | (A) Pathways in Technology Early College High |
---|
485 | | - | School (P-TECH) programs in participating school districts under |
---|
486 | | - | Subchapter N, Chapter 29; |
---|
487 | | - | (B) the Texas Regional Pathways Network; and |
---|
488 | | - | (C) the Jobs and Education for Texans (JET) Grant |
---|
489 | | - | Program under Chapter 134; |
---|
490 | | - | (2) supplemental instructional supports, including |
---|
491 | | - | tutoring; and |
---|
492 | | - | (3) COVID-19 learning acceleration supports, |
---|
493 | | - | including: |
---|
494 | | - | (A) innovation in curriculum and instruction; |
---|
495 | | - | (B) diagnosing student mastery; |
---|
496 | | - | (C) extended instructional time; and |
---|
497 | | - | (D) supports for teachers. |
---|
498 | | - | (b) The agency may take actions as necessary in implementing |
---|
499 | | - | intensive supports under Subsection (a), including providing |
---|
500 | | - | grants to school districts, open-enrollment charter schools, and |
---|
501 | | - | regional education service centers. |
---|
502 | | - | Sec. 29.930. USE OF ONE-TIME FEDERAL DISCRETIONARY COVID-19 |
---|
503 | | - | FUNDING TO ENSURE GRADE LEVEL SUPPORT AND REIMBURSEMENTS. (a) To |
---|
504 | | - | ensure additional resources to pay for unreimbursed costs due to |
---|
505 | | - | the coronavirus disease (COVID-19) pandemic and for intensive |
---|
506 | | - | educational supports for students not performing satisfactorily, |
---|
507 | | - | for each of the 2021-2022 and 2022-2023 school years, except as |
---|
508 | | - | provided by Subsection (c), from state discretionary funds under |
---|
509 | | - | Section 2001(f), American Rescue Plan Act of 2021 (Pub. L. |
---|
510 | | - | No. 117-2, reprinted in note, 20 U.S.C. Section 3401), the agency |
---|
511 | | - | shall provide to each school district and open-enrollment charter |
---|
512 | | - | school an allotment in an amount equal to the sum of: |
---|
513 | | - | (1) $208.35 for each student enrolled in the district |
---|
514 | | - | or charter school; and |
---|
515 | | - | (2) $1,290 for each student enrolled in the district |
---|
516 | | - | or charter school during the 2020-2021 school year multiplied by |
---|
517 | | - | the percentage of students at the district or charter school who are |
---|
518 | | - | not performing satisfactorily, as determined under Subsection (b). |
---|
519 | | - | (b) For purposes of Subsection (a)(2), the agency shall |
---|
520 | | - | determine the percentage of students not performing satisfactorily |
---|
521 | | - | by: |
---|
522 | | - | (1) dividing the number of students who did not |
---|
523 | | - | perform satisfactorily on an assessment instrument administered |
---|
524 | | - | under Section 39.023 by the total number of students who were |
---|
525 | | - | administered assessment instruments under Section 39.023 during |
---|
526 | | - | the 2018-2019 school year; and |
---|
527 | | - | (2) increasing the resulting number under Subdivision |
---|
528 | | - | (1) by: |
---|
529 | | - | (A) for the 2021-2022 school year, 40 percent; |
---|
530 | | - | and |
---|
531 | | - | (B) for the 2022-2023 school year, 20 percent. |
---|
532 | | - | (c) The agency shall reduce the amount of the allotment that |
---|
533 | | - | a school district or open-enrollment charter school receives under |
---|
534 | | - | Subsection (a) by the amount that the district or charter school |
---|
535 | | - | receives from the local educational agency subgrants under Section |
---|
536 | | - | 313(c), Coronavirus Response and Relief Supplemental |
---|
537 | | - | Appropriations Act, 2021 (Div. M, Pub. L. No. 116-260, reprinted in |
---|
538 | | - | note, 20 U.S.C. Section 3401) and Section 2001(d), American Rescue |
---|
539 | | - | Plan Act of 2021 (Pub. L. No. 117-2, reprinted in note, 20 U.S.C. |
---|
540 | | - | Section 3401). |
---|
541 | | - | (d) If the allotment provided to a school district or |
---|
542 | | - | open-enrollment charter school under Subsection (a) is reduced in |
---|
543 | | - | accordance with Subsection (c), the agency shall provide the total |
---|
544 | | - | allotment amount to which the district or charter school is |
---|
545 | | - | entitled for the 2021-2022 and 2022-2023 school years to the |
---|
546 | | - | district or charter school in an equal amount each year. |
---|
547 | | - | (e) An allotment provided to a school district or |
---|
548 | | - | open-enrollment charter school under this section may not reduce |
---|
549 | | - | funding to which the district or charter school is otherwise |
---|
550 | | - | entitled. |
---|
551 | | - | (f) The agency may not provide allotments to school |
---|
552 | | - | districts and open-enrollment charter schools under this section |
---|
553 | | - | after the 2022-2023 school year. |
---|
554 | | - | (g) This section expires September 1, 2024. |
---|
555 | | - | Sec. 29.931. BROADBAND TECHNICAL SUPPORT FOR STUDENTS. |
---|
556 | | - | From appropriated state funds or other funds, including federal |
---|
557 | | - | funds, available for this section, the agency shall provide |
---|
558 | | - | technical assistance to school districts and open-enrollment |
---|
559 | | - | charter schools to ensure Internet access for students who have |
---|
560 | | - | limited or no access to the Internet. |
---|
561 | | - | Sec. 29.932. ONE-TIME TECHNOLOGY REIMBURSEMENT. (a) Using |
---|
562 | | - | state discretionary funds under Section 18003(e), Coronavirus Aid, |
---|
563 | | - | Relief, and Economic Security Act (Title VIII, Div. B, Pub. L. |
---|
564 | | - | No. 116-136, reprinted in note, 20 U.S.C. Section 3401), and |
---|
565 | | - | Section 313(c), Coronavirus Response and Relief Supplemental |
---|
566 | | - | Appropriations Act, 2021 (Div. M, Pub. L. No. 116-260, reprinted in |
---|
567 | | - | note, 20 U.S.C. Section 3401), the agency shall provide |
---|
568 | | - | reimbursement for technology acquisitions made by school districts |
---|
569 | | - | and open-enrollment charter schools before February 28, 2021. |
---|
570 | | - | (b) This section expires September 1, 2023. |
---|
571 | | - | Sec. 29.933. LEGISLATIVE OVERSIGHT ON COVID-19 STATE |
---|
572 | | - | RESPONSE. (a) At least quarterly, the agency shall update the |
---|
573 | | - | entities listed under Subsection (b) regarding the state response |
---|
574 | | - | to the coronavirus disease (COVID-19) pandemic with respect to |
---|
575 | | - | public education matters, including: |
---|
576 | | - | (1) the implementation of and distribution of funds |
---|
577 | | - | under the following programs: |
---|
578 | | - | (A) programs to ensure one-time intensive |
---|
579 | | - | educational supports for overcoming COVID-19 pandemic impact under |
---|
580 | | - | Section 29.929; |
---|
581 | | - | (B) the use of one-time federal discretionary |
---|
582 | | - | COVID-19 funding to ensure grade level support and reimbursements |
---|
583 | | - | under Section 29.930; |
---|
584 | | - | (C) broadband technical support for students |
---|
585 | | - | under Section 29.931; and |
---|
586 | | - | (D) one-time technology reimbursement under |
---|
587 | | - | Section 29.932; and |
---|
588 | | - | (2) the use of state discretionary funds under: |
---|
589 | | - | (A) Section 18003(e), Coronavirus Aid, Relief, |
---|
590 | | - | and Economic Security Act (Title VIII, Div. B, Pub. L. No. 116-136, |
---|
591 | | - | reprinted in note, 20 U.S.C. Section 3401); and |
---|
592 | | - | (B) Section 313(e), Coronavirus Response and |
---|
593 | | - | Relief Supplemental Appropriations Act, 2021 (Div. M, Pub. L. |
---|
594 | | - | No. 116-260, reprinted in note, 20 U.S.C. Section 3401). |
---|
595 | | - | (b) The agency shall update, in accordance with Subsection |
---|
596 | | - | (a), the following entities: |
---|
597 | | - | (1) the office of the governor; |
---|
598 | | - | (2) the office of the lieutenant governor; |
---|
599 | | - | (3) the office of the speaker of the house of |
---|
600 | | - | representatives; |
---|
601 | | - | (4) the office of the chair of the Senate Committee on |
---|
602 | | - | Finance; |
---|
603 | | - | (5) the office of the chair of the House Committee on |
---|
604 | | - | Appropriations; |
---|
605 | | - | (6) the office of the chair of the Senate Committee on |
---|
606 | | - | Education; and |
---|
607 | | - | (7) the office of the chair of the House Committee on |
---|
608 | | - | Public Education. |
---|
609 | | - | (c) This section expires September 1, 2024. |
---|
610 | | - | Sec. 29.934. RESOURCE CAMPUS. (a) A school district campus |
---|
611 | | - | that is eligible under Subsection (b) may apply to the commissioner |
---|
612 | | - | to be designated as a resource campus that provides quality |
---|
613 | | - | education and enrichment for campus students. |
---|
614 | | - | (b) To apply to be designated as a resource campus under |
---|
615 | | - | this section, the campus must have received an overall performance |
---|
616 | | - | rating under Section 39.054 of F for four years over a 10-year |
---|
617 | | - | period of time. |
---|
618 | | - | (c) A campus notified by the commissioner under Subsection |
---|
619 | | - | (f) that the campus has been designated as a resource campus |
---|
620 | | - | qualifies for funding as provided by Section 48.252 for each year |
---|
621 | | - | the campus maintains approval to operate as a resource campus |
---|
622 | | - | regardless of whether the campus is unacceptable or does not |
---|
623 | | - | qualify under Subsection (b). |
---|
624 | | - | (d) To be designated as a resource campus, the campus must: |
---|
625 | | - | (1) implement a targeted improvement plan as described |
---|
626 | | - | by Chapter 39A and establish a school community partnership team; |
---|
627 | | - | (2) adopt an accelerated campus excellence turnaround |
---|
628 | | - | plan as provided by Section 39A.105(b) except that a classroom |
---|
629 | | - | teacher who satisfies the requirements for demonstrated |
---|
630 | | - | instructional effectiveness under Section 39A.105(b)(3) must also |
---|
631 | | - | hold a current designation assigned under Section 21.3521; |
---|
632 | | - | (3) be in a school district that has adopted an |
---|
633 | | - | approved local optional teacher designation system under Section |
---|
634 | | - | 21.3521; |
---|
635 | | - | (4) satisfy certain staff criteria by: |
---|
636 | | - | (A) requiring a principal or teacher employed at |
---|
637 | | - | the campus before the designation to apply for a position to |
---|
638 | | - | continue at the campus; |
---|
639 | | - | (B) employing only teachers who have at least |
---|
640 | | - | three years of teaching experience; |
---|
641 | | - | (C) employing at least one school counselor for |
---|
642 | | - | every 300 students; and |
---|
643 | | - | (D) employing at least one appropriately |
---|
644 | | - | licensed professional to assist with the social and emotional needs |
---|
645 | | - | of students and staff, who must be a: |
---|
646 | | - | (i) family and community liaison; |
---|
647 | | - | (ii) clinical social worker; |
---|
648 | | - | (iii) specialist in school psychology; or |
---|
649 | | - | (iv) professional counselor; |
---|
650 | | - | (5) implement a positive behavior program as provided |
---|
651 | | - | by Section 37.0013; |
---|
652 | | - | (6) implement a family engagement plan as described by |
---|
653 | | - | Section 29.168; |
---|
654 | | - | (7) develop and implement a plan to use high quality |
---|
655 | | - | instructional materials; |
---|
656 | | - | (8) if the campus is an elementary campus, operate the |
---|
657 | | - | campus for a school year that qualifies for funding under Section |
---|
658 | | - | 48.0051; and |
---|
659 | | - | (9) annually submit to the commissioner data and |
---|
660 | | - | information required by the commissioner to assess fidelity of |
---|
661 | | - | implementation. |
---|
662 | | - | (e) On the request of a school district, the agency shall |
---|
663 | | - | assist the district in: |
---|
664 | | - | (1) applying for designation of a district campus as a |
---|
665 | | - | resource campus; and |
---|
666 | | - | (2) developing and implementing a plan to operate a |
---|
667 | | - | district campus as a resource campus. |
---|
668 | | - | (f) The commissioner shall notify a campus if it has been |
---|
669 | | - | designated as a resource campus not later than the 60th day after |
---|
670 | | - | the date the commissioner receives the request for the designation. |
---|
671 | | - | (g) A campus approved to operate as a resource campus must |
---|
672 | | - | annually submit to the commissioner data and information requested |
---|
673 | | - | by the commissioner for purposes of determining whether the campus |
---|
674 | | - | has met the measure of fidelity of implementation required to |
---|
675 | | - | maintain status as a resource campus. |
---|
676 | | - | (h) If a campus fails to maintain status as a resource |
---|
677 | | - | campus for two consecutive years, the campus is not eligible for |
---|
678 | | - | designation as a resource campus. A campus subject to this |
---|
679 | | - | subsection may reapply for designation as a resource campus if the |
---|
680 | | - | campus qualifies under Subsection (b). |
---|
681 | | - | (i) A decision by the commissioner regarding whether to |
---|
682 | | - | designate a campus as a resource campus is final and may not be |
---|
683 | | - | appealed. |
---|
684 | | - | (j) The commissioner may adopt rules necessary to implement |
---|
685 | | - | this section. |
---|
686 | | - | SECTION 13. Section 31.0211(c), Education Code, is amended |
---|
| 131 | + | SECTION 7. Section 31.0211(c), Education Code, is amended |
---|
729 | | - | SECTION 14. Section 32.155, Education Code, is amended to |
---|
730 | | - | read as follows: |
---|
731 | | - | Sec. 32.155. PROTECTION OF COVERED INFORMATION. (a) An |
---|
732 | | - | operator must implement and maintain reasonable security |
---|
733 | | - | procedures and practices designed to protect any covered |
---|
734 | | - | information from unauthorized access, deletion, use, modification, |
---|
735 | | - | or disclosure. |
---|
736 | | - | (b) Any operator that has been approved by the agency or had |
---|
737 | | - | a product adopted by the agency and possesses any covered |
---|
738 | | - | information must use the unique identifier established by the Texas |
---|
739 | | - | Student Data System (TSDS) or a successor data management system |
---|
740 | | - | maintained by the agency for any account creation, data upload, |
---|
741 | | - | data transmission, analysis, or reporting to mask all personally |
---|
742 | | - | identifiable student information. The operator shall adhere to a |
---|
743 | | - | state-required student data sharing agreement that includes an |
---|
744 | | - | established unique identifier standard for all operators as |
---|
745 | | - | prescribed by the agency. |
---|
746 | | - | (c) In addition to including the unique identifier in |
---|
747 | | - | releasing information as provided by Subsection (b), an operator |
---|
748 | | - | may include any other data field identified by the agency or by a |
---|
749 | | - | school district, open-enrollment charter school, regional |
---|
750 | | - | education service center, or other local education agency as |
---|
751 | | - | necessary for the information being released to be useful. |
---|
752 | | - | (d) A school district, open-enrollment charter school, |
---|
753 | | - | regional education service center, or other local education agency |
---|
754 | | - | may include additional data fields in an agreement with an operator |
---|
755 | | - | or the amendment of an agreement with an operator under this |
---|
756 | | - | section. An operator may agree to include the additional data |
---|
757 | | - | fields requested by a school district, open-enrollment charter |
---|
758 | | - | school, regional education service center, or other local education |
---|
759 | | - | agency but may not require that additional data fields be included. |
---|
760 | | - | (e) A school district, open-enrollment charter school, |
---|
761 | | - | regional education service center, or other local education agency |
---|
762 | | - | may require an operator that contracts directly with the entity to |
---|
763 | | - | adhere to a state-required student data sharing agreement that |
---|
764 | | - | includes the use of an established unique identifier standard for |
---|
765 | | - | all operators as prescribed by the agency. |
---|
766 | | - | (f) A national assessment provider who receives covered |
---|
767 | | - | information from a student or from a school district or campus on |
---|
768 | | - | behalf of a student is not required to comply with Subsection (b) or |
---|
769 | | - | (e) if the provider receives the covered information solely to |
---|
770 | | - | provide access to: |
---|
771 | | - | (1) employment, educational scholarships, financial |
---|
772 | | - | aid, or postsecondary educational opportunities; or |
---|
773 | | - | (2) educational resources for middle school, junior |
---|
774 | | - | high school, or high school students. |
---|
775 | | - | (g) The commissioner may adopt rules as necessary to |
---|
776 | | - | administer this section. |
---|
777 | | - | SECTION 15. Subchapter Z, Chapter 33, Education Code, is |
---|
778 | | - | amended by adding Section 33.913 to read as follows: |
---|
779 | | - | Sec. 33.913. TUTORING PROGRAM. (a) A member of a nonprofit |
---|
780 | | - | teacher organization or a person who is not a member but meets the |
---|
781 | | - | requirements under Subsection (b) may participate in a tutoring |
---|
782 | | - | program in accordance with this section to provide supplemental |
---|
783 | | - | instruction to students in kindergarten through grade 12 on an |
---|
784 | | - | individualized or small-group basis. |
---|
785 | | - | (b) To participate in the program as a tutor, a person must: |
---|
786 | | - | (1) be an active or retired teacher; |
---|
787 | | - | (2) apply for the position in a manner specified by the |
---|
788 | | - | nonprofit organization; |
---|
789 | | - | (3) designate in the application whether the person |
---|
790 | | - | plans to provide tutoring: |
---|
791 | | - | (A) for compensation, on a volunteer basis, or |
---|
792 | | - | both; and |
---|
793 | | - | (B) in person, online, or both; and |
---|
794 | | - | (4) not be included in the registry of persons not |
---|
795 | | - | eligible for employment by a public school under Section 22.092. |
---|
796 | | - | (c) The superintendent or chief executive officer of each |
---|
797 | | - | school district or open-enrollment charter school or the person |
---|
798 | | - | designated by the superintendent or chief executive officer shall: |
---|
799 | | - | (1) oversee the tutoring program within the district |
---|
800 | | - | or school; and |
---|
801 | | - | (2) not later than the last day of each semester, |
---|
802 | | - | submit a report to the board of trustees of the district or the |
---|
803 | | - | governing body of the school that includes, with respect to that |
---|
804 | | - | semester: |
---|
805 | | - | (A) the number of active or retired teachers who |
---|
806 | | - | contacted the district or school to offer tutoring services to |
---|
807 | | - | students in the district or school; and |
---|
808 | | - | (B) the number of active or retired teachers who |
---|
809 | | - | were used by the district or school as a tutor on a volunteer basis |
---|
810 | | - | or employed by the district or school to provide tutoring services |
---|
811 | | - | for compensation. |
---|
812 | | - | (d) A school district or open-enrollment charter school may |
---|
813 | | - | use any available local, state, or federal funds to provide |
---|
814 | | - | compensation to a person participating in the program as a tutor who |
---|
815 | | - | is providing tutoring for compensation under the program. |
---|
816 | | - | (e) If an active or retired teacher who has been approved |
---|
817 | | - | for participation in the tutoring program contacts a school |
---|
818 | | - | district or open-enrollment charter school to provide tutoring to |
---|
819 | | - | students in the district or school and the district or school needs |
---|
820 | | - | tutoring assistance, the district or school may: |
---|
821 | | - | (1) if the teacher is providing tutoring services on a |
---|
822 | | - | volunteer basis, use the volunteer tutoring services provided by |
---|
823 | | - | the teacher; or |
---|
824 | | - | (2) if the district or school has local, state, or |
---|
825 | | - | federal funds for purposes of the tutoring program and the teacher |
---|
826 | | - | is providing tutoring services for compensation, employ the teacher |
---|
827 | | - | as a tutor. |
---|
828 | | - | (f) At least quarterly, each nonprofit organization |
---|
829 | | - | participating in the tutoring program shall provide to the |
---|
830 | | - | organization's members: |
---|
831 | | - | (1) a description of the tutoring program and guidance |
---|
832 | | - | on how to participate in the program; and |
---|
833 | | - | (2) the contact information of each person described |
---|
834 | | - | by Subsection (c) for the school district in which the member |
---|
835 | | - | resides, any open-enrollment charter schools located within that |
---|
836 | | - | district, and any adjacent districts. |
---|
837 | | - | (g) This section does not create a cause of action or |
---|
838 | | - | liability or an obligation or duty that provides a basis for a cause |
---|
839 | | - | of action or liability against a nonprofit teacher organization |
---|
840 | | - | approved by the commissioner for the purpose of participating in |
---|
841 | | - | the tutoring program for any action taken by a member of the |
---|
842 | | - | organization participating in the program as a tutor. |
---|
843 | | - | SECTION 16. Section 37.108(b-1), Education Code, is amended |
---|
| 174 | + | SECTION 8. Section 37.108(b-1), Education Code, is amended |
---|
887 | 208 | | amending Subsection (a) and adding Subsections (c), (d), (e), and |
---|
888 | 209 | | (f) to read as follows: |
---|
889 | 210 | | (a) A school district may not levy [increase the rate of] |
---|
890 | 211 | | the district's maintenance taxes described by Section 45.002 at a |
---|
891 | 212 | | rate intended to create a surplus in maintenance tax revenue for the |
---|
892 | 213 | | purpose of paying the district's debt service. |
---|
893 | 214 | | (c) The agency shall: |
---|
894 | 215 | | (1) develop a method to identify school districts that |
---|
895 | 216 | | may have adopted a maintenance tax rate in violation of Subsection |
---|
896 | 217 | | (a), which must include a review of data over multiple years; |
---|
897 | 218 | | (2) for each school district identified under the |
---|
898 | 219 | | method developed under Subdivision (1), investigate as necessary to |
---|
899 | 220 | | determine whether the district has adopted a maintenance tax rate |
---|
900 | 221 | | in violation of Subsection (a); |
---|
901 | 222 | | (3) if the agency determines that a school district |
---|
902 | 223 | | has adopted a maintenance tax rate in violation of Subsection (a): |
---|
903 | 224 | | (A) order the district to comply with Subsection |
---|
904 | 225 | | (a) not later than three years after the date of the order; and |
---|
905 | 226 | | (B) assist the district in developing a |
---|
906 | 227 | | corrective action plan that, to the extent feasible, does not |
---|
907 | 228 | | result in a net increase in the district's total tax rate; and |
---|
908 | 229 | | (4) post on the agency's Internet website a list of |
---|
909 | 230 | | each school district the agency has determined to have adopted a |
---|
910 | 231 | | maintenance tax rate in violation of Subsection (a). |
---|
911 | 232 | | (d) The implementation of a corrective action plan under |
---|
912 | 233 | | Subsection (c)(3)(B) does not prohibit a school district from |
---|
913 | 234 | | increasing the district's total tax rate as necessary to achieve |
---|
914 | 235 | | other legal purposes. |
---|
915 | 236 | | (e) If a school district fails to take action under a |
---|
916 | 237 | | corrective action plan developed under Subsection (c)(3)(B), the |
---|
917 | 238 | | commissioner may reduce the district's entitlement under Chapter 48 |
---|
918 | 239 | | by an amount equal to the difference between: |
---|
919 | 240 | | (1) the amount of state and local funding the district |
---|
920 | 241 | | received as a result of adopting a maintenance tax rate in violation |
---|
921 | 242 | | of Subsection (a); and |
---|
922 | 243 | | (2) the amount of state and local funding the district |
---|
923 | 244 | | would have received if the district had not adopted a maintenance |
---|
924 | 245 | | tax rate in violation of Subsection (a). |
---|
925 | 246 | | (f) This section does not prohibit a school district from: |
---|
926 | 247 | | (1) using a surplus in maintenance tax revenue to pay |
---|
927 | 248 | | the district's debt service if: |
---|
928 | 249 | | (A) the district's interest and sinking fund tax |
---|
929 | 250 | | revenue is insufficient to pay the district's debt service due to |
---|
930 | 251 | | circumstances beyond the district's control; and |
---|
931 | 252 | | (B) the use of the surplus maintenance tax |
---|
932 | 253 | | revenue to pay the district's debt service is necessary to prevent a |
---|
933 | 254 | | default on the district's debt; |
---|
934 | 255 | | (2) paying a portion of the district's maintenance tax |
---|
935 | 256 | | revenue into the tax increment fund for a reinvestment zone under |
---|
936 | 257 | | Chapter 311, Tax Code; or |
---|
937 | 258 | | (3) using money disbursed from the tax increment fund |
---|
938 | 259 | | for a reinvestment zone under Chapter 311, Tax Code, in accordance |
---|
939 | 260 | | with the agreement entered into by the district with the governing |
---|
940 | 261 | | body of the municipality or county that designated the zone under |
---|
941 | 262 | | Section 311.013(f) of that code. |
---|
955 | 264 | | amending Subsection (b) and adding Subsection (b-4) to read as |
---|
956 | 265 | | follows: |
---|
957 | 266 | | (b) The commissioner by rule shall require each school |
---|
958 | 267 | | district and open-enrollment charter school to report through the |
---|
959 | 268 | | Public Education Information Management System information |
---|
960 | 269 | | regarding: |
---|
961 | 270 | | (1) the number of students enrolled in the district or |
---|
962 | 271 | | school who are identified as having dyslexia; |
---|
963 | 272 | | (2) the availability of school counselors, including |
---|
964 | 273 | | the number of full-time equivalent school counselors, at each |
---|
965 | 274 | | campus; |
---|
966 | 275 | | (3) the availability of expanded learning |
---|
967 | 276 | | opportunities as described by Section 33.252 at each campus; |
---|
968 | 277 | | (4) the total number of students, other than students |
---|
969 | 278 | | described by Subdivision (5), enrolled in the district or school |
---|
970 | 279 | | with whom the district or school, as applicable, used intervention |
---|
971 | 280 | | strategies, as that term is defined by Section 26.004, at any time |
---|
972 | 281 | | during the year for which the report is made; [and] |
---|
973 | 282 | | (5) the total number of students enrolled in the |
---|
974 | 283 | | district or school to whom the district or school provided aids, |
---|
975 | 284 | | accommodations, or services under Section 504, Rehabilitation Act |
---|
976 | 285 | | of 1973 (29 U.S.C. Section 794), at any time during the year for |
---|
977 | 286 | | which the report is made; |
---|
978 | 287 | | (6) disaggregated by campus and grade, the number of: |
---|
979 | 288 | | (A) children who are required to attend school |
---|
980 | 289 | | under Section 25.085, are not exempted under Section 25.086, and |
---|
981 | 290 | | fail to attend school without excuse for 10 or more days or parts of |
---|
982 | 291 | | days within a six-month period in the same school year; |
---|
983 | 292 | | (B) students for whom the district initiates a |
---|
984 | 293 | | truancy prevention measure under Section 25.0915(a-4); and |
---|
985 | 294 | | (C) parents of students against whom an |
---|
986 | 295 | | attendance officer or other appropriate school official has filed a |
---|
987 | 296 | | complaint under Section 25.093; and |
---|
988 | 297 | | (7) the number of students who are enrolled in a high |
---|
989 | 298 | | school equivalency program, a dropout recovery school, or an adult |
---|
990 | 299 | | education program provided under a high school diploma and industry |
---|
991 | 300 | | certification charter school program provided by the district or |
---|
992 | 301 | | school and who: |
---|
993 | 302 | | (A) are at least 18 years of age and under 26 |
---|
994 | 303 | | years of age; |
---|
995 | 304 | | (B) have not previously been reported to the |
---|
996 | 305 | | agency as dropouts; and |
---|
997 | 306 | | (C) enroll in the program at the district or |
---|
998 | 307 | | school after not attending school for a period of at least nine |
---|
999 | 308 | | months. |
---|
1000 | 309 | | (b-4) A student reported under Subsection (b)(7) as having |
---|
1001 | 310 | | enrolled in a high school equivalency program, a dropout recovery |
---|
1002 | 311 | | school, or an adult education program provided under a high school |
---|
1003 | 312 | | diploma and industry certification charter school program must be |
---|
1004 | 313 | | reported through the Public Education Information Management |
---|
1005 | 314 | | System as having previously dropped out of school. |
---|
1117 | | - | SECTION 27. Subchapter C, Chapter 48, Education Code, is |
---|
1118 | | - | amended by adding Section 48.109 to read as follows: |
---|
1119 | | - | Sec. 48.109. GIFTED AND TALENTED STUDENT ALLOTMENT. (a) |
---|
1120 | | - | For each identified student a school district serves in a program |
---|
1121 | | - | for gifted and talented students that the district certifies to the |
---|
1122 | | - | commissioner as complying with Subchapter D, Chapter 29, a district |
---|
1123 | | - | is entitled to an annual allotment equal to the basic allotment |
---|
1124 | | - | multiplied by 0.07 for each school year or a greater amount provided |
---|
1125 | | - | by appropriation. |
---|
1126 | | - | (b) Funds allocated under this section, other than the |
---|
1127 | | - | amount that represents the program's share of general |
---|
1128 | | - | administrative costs, must be used in providing programs for gifted |
---|
1129 | | - | and talented students under Subchapter D, Chapter 29, including |
---|
1130 | | - | programs sanctioned by International Baccalaureate and Advanced |
---|
1131 | | - | Placement, or in developing programs for gifted and talented |
---|
1132 | | - | students. Each district must account for the expenditure of state |
---|
1133 | | - | funds as provided by rule of the State Board of Education. If by the |
---|
1134 | | - | end of the 12th month after receiving an allotment for developing a |
---|
1135 | | - | program a district has failed to implement a program, the district |
---|
1136 | | - | must refund the amount of the allotment to the agency within 30 |
---|
1137 | | - | days. |
---|
1138 | | - | (c) Not more than five percent of a district's students in |
---|
1139 | | - | average daily attendance are eligible for funding under this |
---|
1140 | | - | section. |
---|
1141 | | - | (d) If the amount of state funds for which school districts |
---|
1142 | | - | are eligible under this section exceeds the amount of state funds |
---|
1143 | | - | appropriated in any year for the programs, the commissioner shall |
---|
1144 | | - | reduce each district's tier one allotments in the same manner |
---|
1145 | | - | described for a reduction in allotments under Section 48.266. |
---|
1146 | | - | (e) If the total amount of funds allotted under this section |
---|
1147 | | - | before a date set by rule of the State Board of Education is less |
---|
1148 | | - | than the total amount appropriated for a school year, the |
---|
1149 | | - | commissioner shall transfer the remainder to any program for which |
---|
1150 | | - | an allotment under Section 48.104 may be used. |
---|
1151 | | - | (f) After each district has received allotted funds for this |
---|
1152 | | - | program, the State Board of Education may use up to $500,000 of the |
---|
1153 | | - | funds allocated under this section for programs such as MATHCOUNTS, |
---|
1154 | | - | Future Problem Solving, Odyssey of the Mind, and Academic |
---|
1155 | | - | Decathlon, as long as these funds are used to train personnel and |
---|
1156 | | - | provide program services. To be eligible for funding under this |
---|
1157 | | - | subsection, a program must be determined by the State Board of |
---|
1158 | | - | Education to provide services that are effective and consistent |
---|
1159 | | - | with the state plan for gifted and talented education. |
---|
1160 | | - | SECTION 28. Section 48.110(f), Education Code, is amended |
---|
| 400 | + | SECTION 16. Section 48.110(f), Education Code, is amended |
---|
1477 | | - | SECTION 40. Section 48.302(b), Education Code, is amended |
---|
| 663 | + | Sec. 48.282. SPENDING LIMITATIONS TO EXTEND INTERVENTIONS |
---|
| 664 | + | PREVENTING GENERATIONAL EDUCATIONAL DECLINE. (a) Notwithstanding |
---|
| 665 | + | any other provision of this code and except as provided by |
---|
| 666 | + | Subsection (e), beginning with the 2021-2022 school year, each |
---|
| 667 | + | school district or open-enrollment charter school shall reserve, in |
---|
| 668 | + | an amount determined by the agency under Subsection (b), state and |
---|
| 669 | + | local funds made available to the district or school through the |
---|
| 670 | + | Foundation School Program under Chapter 12, 48, or 49. |
---|
| 671 | + | (b) The agency shall determine the amount of funds a school |
---|
| 672 | + | district or open-enrollment charter school must reserve under |
---|
| 673 | + | Subsection (a) by: |
---|
| 674 | + | (1) calculating the amount of total funding received |
---|
| 675 | + | by the school district or open-enrollment charter school under |
---|
| 676 | + | Section 2001, American Rescue Plan Act of 2021 (Pub. L. No. 117-2, |
---|
| 677 | + | reprinted in note, 20 U.S.C. Section 3401) minus a fixed amount |
---|
| 678 | + | identified by appropriation; and |
---|
| 679 | + | (2) multiplying the amount under Subdivision (1) by a |
---|
| 680 | + | percentage set by appropriation. |
---|
| 681 | + | (c) Beginning with the 2021-2022 school year, a school |
---|
| 682 | + | district or open-enrollment charter school may reserve the amount |
---|
| 683 | + | of funds required under Subsection (a): |
---|
| 684 | + | (1) in a lump sum; or |
---|
| 685 | + | (2) on a schedule established by the district or |
---|
| 686 | + | school not to exceed three years, reserving the total required |
---|
| 687 | + | amount of funds by the end of the 2023-2024 school year. |
---|
| 688 | + | (d) Beginning with the 2024-2025 school year, a school |
---|
| 689 | + | district or open-enrollment charter school may use the funds |
---|
| 690 | + | reserved under Subsection (a). |
---|
| 691 | + | (e) The commissioner may grant a waiver of the requirement |
---|
| 692 | + | that a school district or open-enrollment charter school reserve |
---|
| 693 | + | funds under Subsection (a) if the district or school: |
---|
| 694 | + | (1) demonstrates that complying with the requirement |
---|
| 695 | + | under Subsection (a) would cause the district or school to not be in |
---|
| 696 | + | compliance with a federal maintenance of effort or maintenance of |
---|
| 697 | + | equity requirement; or |
---|
| 698 | + | (2) submits a plan to the agency that provides for the |
---|
| 699 | + | acceleration of all students who are not performing at grade level |
---|
| 700 | + | by the 2023-2024 school year. |
---|
| 701 | + | (f) If the commissioner provides a waiver to a school |
---|
| 702 | + | district or open-enrollment charter school under Subsection |
---|
| 703 | + | (e)(1), the commissioner may: |
---|
| 704 | + | (1) set a lower amount of funds that the district or |
---|
| 705 | + | school must reserve under Subsection (a) that allows the district |
---|
| 706 | + | or school to comply with federal maintenance of effort and |
---|
| 707 | + | maintenance of equity requirements; or |
---|
| 708 | + | (2) fully waive the requirement under Subsection (a) |
---|
| 709 | + | that the district or school reserve funds. |
---|
| 710 | + | (g) Notwithstanding any other provision of this chapter, |
---|
| 711 | + | during the time period in which a school district or |
---|
| 712 | + | open-enrollment charter school must reserve funds to comply with |
---|
| 713 | + | this section, the commissioner may reduce or waive a spending |
---|
| 714 | + | requirement, or consider other expenditures for purposes of |
---|
| 715 | + | complying with a spending requirement, under any of the following |
---|
| 716 | + | provisions: |
---|
| 717 | + | (1) Section 48.103; |
---|
| 718 | + | (2) Section 48.104(k); |
---|
| 719 | + | (3) Section 48.105(b); |
---|
| 720 | + | (4) Section 48.106(c); |
---|
| 721 | + | (5) Section 48.108(b); |
---|
| 722 | + | (6) Section 48.110(i); or |
---|
| 723 | + | (7) Section 48.112(i). |
---|
| 724 | + | (h) This section expires September 1, 2026. |
---|
| 725 | + | SECTION 26. Section 48.302(b), Education Code, is amended |
---|
1503 | | - | SECTION 42. Chapter 48, Education Code, is amended by |
---|
1504 | | - | adding Subchapter H to read as follows: |
---|
1505 | | - | SUBCHAPTER H. TEXAS COMMISSION ON SPECIAL EDUCATION FUNDING |
---|
1506 | | - | Sec. 48.401. DEFINITION. In this subchapter, "commission" |
---|
1507 | | - | means the Texas Commission on Special Education Funding. |
---|
1508 | | - | Sec. 48.402. TEXAS COMMISSION ON SPECIAL EDUCATION FUNDING. |
---|
1509 | | - | (a) The commission is established to develop and make |
---|
1510 | | - | recommendations regarding methods of financing special education |
---|
1511 | | - | in public schools. |
---|
1512 | | - | (b) The commission is composed of seven members, appointed |
---|
1513 | | - | as follows: |
---|
1514 | | - | (1) one member appointed by the governor; |
---|
1515 | | - | (2) three members appointed by the lieutenant |
---|
1516 | | - | governor; and |
---|
1517 | | - | (3) three members appointed by the speaker of the |
---|
1518 | | - | house of representatives. |
---|
1519 | | - | (c) In making appointments under Subsection (b), the |
---|
1520 | | - | governor, lieutenant governor, and speaker of the house of |
---|
1521 | | - | representatives shall coordinate to ensure that membership of the |
---|
1522 | | - | commission, to the extent possible, reflects the ethnic and |
---|
1523 | | - | geographic diversity of this state. |
---|
1524 | | - | (d) The members appointed by: |
---|
1525 | | - | (1) the governor must have an interest in special |
---|
1526 | | - | education; |
---|
1527 | | - | (2) the lieutenant governor must be three members of |
---|
1528 | | - | the senate; and |
---|
1529 | | - | (3) the speaker of the house of representatives must |
---|
1530 | | - | be three members of the house of representatives. |
---|
1531 | | - | Sec. 48.403. PRESIDING OFFICER. The governor shall |
---|
1532 | | - | designate the presiding officer of the commission. |
---|
1533 | | - | Sec. 48.404. COMPENSATION AND REIMBURSEMENT. A member of |
---|
1534 | | - | the commission is not entitled to compensation for service on the |
---|
1535 | | - | commission but is entitled to reimbursement for actual and |
---|
1536 | | - | necessary expenses incurred in performing commission duties. |
---|
1537 | | - | Sec. 48.405. ADMINISTRATIVE SUPPORT AND FUNDING. (a) The |
---|
1538 | | - | agency shall provide administrative support for the commission. |
---|
1539 | | - | (b) Funding for the administrative and operational expenses |
---|
1540 | | - | of the commission shall be provided by legislative appropriation |
---|
1541 | | - | made to the agency for that purpose. |
---|
1542 | | - | Sec. 48.406. RECOMMENDATIONS. (a) The commission shall |
---|
1543 | | - | develop recommendations under this subchapter to address issues |
---|
1544 | | - | related to special education funding. |
---|
1545 | | - | (b) The commission may establish one or more working groups |
---|
1546 | | - | composed of not more than three members of the commission to study, |
---|
1547 | | - | discuss, and address specific policy issues and recommendations to |
---|
1548 | | - | refer to the commission for consideration. |
---|
1549 | | - | Sec. 48.407. REPORT. Not later than December 31, 2022, the |
---|
1550 | | - | commission shall prepare and deliver a report to the governor and |
---|
1551 | | - | the legislature that recommends statutory changes to improve |
---|
1552 | | - | funding for special education. |
---|
1553 | | - | Sec. 48.408. PUBLIC MEETINGS AND PUBLIC INFORMATION. (a) |
---|
1554 | | - | The commission may hold public meetings as needed to fulfill its |
---|
1555 | | - | duties under this subchapter. |
---|
1556 | | - | (b) The commission is subject to Chapters 551 and 552, |
---|
1557 | | - | Government Code. |
---|
1558 | | - | Sec. 48.409. COMMISSION ABOLISHED; EXPIRATION OF |
---|
1559 | | - | SUBCHAPTER. The commission is abolished and this subchapter |
---|
1560 | | - | expires January 1, 2023. |
---|
1561 | | - | SECTION 43. Subchapter A, Chapter 49, Education Code, is |
---|
| 751 | + | SECTION 28. Subchapter A, Chapter 49, Education Code, is |
---|
1579 | 769 | | to read as follows: |
---|
1580 | 770 | | (b) "Salary and wages" as used in Subsection (a) means: |
---|
1581 | 771 | | (1) normal periodic payments of money for service the |
---|
1582 | 772 | | right to which accrues on a regular basis in proportion to the |
---|
1583 | 773 | | service performed; |
---|
1584 | 774 | | (2) amounts by which the member's salary is reduced |
---|
1585 | 775 | | under a salary reduction agreement authorized by Chapter 610; |
---|
1586 | 776 | | (3) amounts that would otherwise qualify as salary and |
---|
1587 | 777 | | wages under Subdivision (1) but are not received directly by the |
---|
1588 | 778 | | member pursuant to a good faith, voluntary written salary reduction |
---|
1589 | 779 | | agreement in order to finance payments to a deferred compensation |
---|
1590 | 780 | | or tax sheltered annuity program specifically authorized by state |
---|
1591 | 781 | | law or to finance benefit options under a cafeteria plan qualifying |
---|
1592 | 782 | | under Section 125 of the Internal Revenue Code of 1986, if: |
---|
1593 | 783 | | (A) the program or benefit options are made |
---|
1594 | 784 | | available to all employees of the employer; and |
---|
1595 | 785 | | (B) the benefit options in the cafeteria plan are |
---|
1596 | 786 | | limited to one or more options that provide deferred compensation, |
---|
1597 | 787 | | group health and disability insurance, group term life insurance, |
---|
1598 | 788 | | dependent care assistance programs, or group legal services plans; |
---|
1599 | 789 | | (4) performance pay awarded to an employee by a school |
---|
1600 | 790 | | district as part of a total compensation plan approved by the board |
---|
1601 | 791 | | of trustees of the district and meeting the requirements of |
---|
1602 | 792 | | Subsection (e); |
---|
1603 | 793 | | (5) the benefit replacement pay a person earns under |
---|
1604 | 794 | | Subchapter H, Chapter 659, except as provided by Subsection (c); |
---|
1605 | 795 | | (6) stipends paid to teachers in accordance with |
---|
1606 | 796 | | former Section 21.410, 21.411, 21.412, or 21.413, Education Code; |
---|
1607 | 797 | | (7) amounts by which the member's salary is reduced or |
---|
1608 | 798 | | that are deducted from the member's salary as authorized by |
---|
1609 | 799 | | Subchapter J, Chapter 659; |
---|
1610 | 800 | | (8) a merit salary increase made under Section 51.962, |
---|
1611 | 801 | | Education Code; |
---|
1612 | 802 | | (9) amounts received under the relevant parts of the |
---|
1613 | 803 | | educator excellence awards program under Subchapter O, Chapter 21, |
---|
1614 | 804 | | Education Code, or a mentoring program under Section 21.458, |
---|
1615 | 805 | | Education Code, that authorize compensation for service; |
---|
1616 | 806 | | (10) salary amounts designated as health care |
---|
1617 | 807 | | supplementation by an employee under Subchapter D, Chapter 22, |
---|
1618 | 808 | | Education Code; [and] |
---|
1619 | 809 | | (11) to the extent required by Sections 3401(h) and |
---|
1620 | 810 | | 414(u)(12), Internal Revenue Code of 1986, differential wage |
---|
1621 | 811 | | payments received by an individual from an employer on or after |
---|
1622 | 812 | | January 1, 2009, while the individual is performing qualified |
---|
1623 | 813 | | military service as defined by Section 414(u), Internal Revenue |
---|
1624 | 814 | | Code of 1986; and |
---|
1625 | 815 | | (12) increased compensation paid to a teacher by a |
---|
1626 | 816 | | school district using funds received by the district under the |
---|
1627 | 817 | | teacher incentive allotment under Section 48.112, Education Code. |
---|
1697 | | - | SECTION 53. (a) Except as provided by Subsections (b) and |
---|
1698 | | - | (c) of this section, this Act takes effect September 1, 2021. |
---|
1699 | | - | (b) Sections 28.004 and 31.0211(c), Education Code, as |
---|
1700 | | - | amended by this Act, take effect immediately if this Act receives a |
---|
1701 | | - | vote of two-thirds of all the members elected to each house, as |
---|
1702 | | - | provided by Section 39, Article III, Texas Constitution. If this |
---|
1703 | | - | Act does not receive the vote necessary for immediate effect, those |
---|
1704 | | - | sections take effect September 1, 2021. |
---|
1705 | | - | (c) Section 32.155, Education Code, as amended by this Act, |
---|
1706 | | - | takes effect September 1, 2023. |
---|
1707 | | - | ______________________________ ______________________________ |
---|
1708 | | - | President of the Senate Speaker of the House |
---|
1709 | | - | I certify that H.B. No. 1525 was passed by the House on April |
---|
1710 | | - | 22, 2021, by the following vote: Yeas 142, Nays 4, 2 present, not |
---|
1711 | | - | voting; that the House refused to concur in Senate amendments to |
---|
1712 | | - | H.B. No. 1525 on May 28, 2021, and requested the appointment of a |
---|
1713 | | - | conference committee to consider the differences between the two |
---|
1714 | | - | houses; that the House adopted the conference committee report on |
---|
1715 | | - | H.B. No. 1525 on May 30, 2021, by the following vote: Yeas 129, |
---|
1716 | | - | Nays 3, 2 present, not voting; and that the House adopted H.C.R. No. |
---|
1717 | | - | 117 authorizing certain corrections in H.B. No. 1525 on May 31, |
---|
1718 | | - | 2021, by the following vote: Yeas 132, Nays 0, 1 present, not |
---|
1719 | | - | voting. |
---|
1720 | | - | ______________________________ |
---|
1721 | | - | Chief Clerk of the House |
---|
1722 | | - | I certify that H.B. No. 1525 was passed by the Senate, with |
---|
1723 | | - | amendments, on May 26, 2021, by the following vote: Yeas 31, Nays |
---|
1724 | | - | 0; at the request of the House, the Senate appointed a conference |
---|
1725 | | - | committee to consider the differences between the two houses; that |
---|
1726 | | - | the Senate adopted the conference committee report on H.B. No. 1525 |
---|
1727 | | - | on May 30, 2021, by the following vote: Yeas 31, Nays 0; and that |
---|
1728 | | - | the Senate adopted H.C.R. No. 117 authorizing certain corrections |
---|
1729 | | - | in H.B. No. 1525 on May 31, 2021, by the following vote: Yeas 31, |
---|
1730 | | - | Nays 0. |
---|
1731 | | - | ______________________________ |
---|
1732 | | - | Secretary of the Senate |
---|
1733 | | - | APPROVED: __________________ |
---|
1734 | | - | Date |
---|
1735 | | - | __________________ |
---|
1736 | | - | Governor |
---|
| 842 | + | SECTION 34. This Act takes effect September 1, 2021. |
---|
| 843 | + | * * * * * |
---|