Texas 2021 - 87th Regular

Texas House Bill HB1525 Compare Versions

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1-H.B. No. 1525
1+By: Huberty, et al. (Senate Sponsor - Taylor) H.B. No. 1525
2+ (In the Senate - Received from the House April 23, 2021;
3+ May 4, 2021, read first time and referred to Committee on
4+ Education; May 14, 2021, reported adversely, with favorable
5+ Committee Substitute by the following vote: Yeas 8, Nays 2, one
6+ present not voting; May 14, 2021, sent to printer.)
7+Click here to see the committee vote
8+ COMMITTEE SUBSTITUTE FOR H.B. No. 1525 By: Taylor
29
310
11+ A BILL TO BE ENTITLED
412 AN ACT
513 relating to the public school finance system and public education.
614 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7- SECTION 1. Section 8.051(d), Education Code, is amended to
8- read as follows:
9- (d) Each regional education service center shall maintain
10- core services for purchase by school districts and campuses. The
11- core services are:
12- (1) training and assistance in:
13- (A) teaching each subject area assessed under
14- Section 39.023; and
15- (B) providing instruction in personal financial
16- literacy as required under Section 28.0021;
17- (2) training and assistance in providing [a gifted and
18- talented program and] each program that qualifies for a funding
19- allotment under Section 48.102, 48.104, [or] 48.105, or 48.109;
20- (3) assistance specifically designed for a school
21- district or campus assigned an unacceptable performance rating
22- under Section 39.054;
23- (4) training and assistance to teachers,
24- administrators, members of district boards of trustees, and members
25- of site-based decision-making committees;
26- (5) assistance specifically designed for a school
27- district that is considered out of compliance with state or federal
28- special education requirements, based on the agency's most recent
29- compliance review of the district's special education programs; and
30- (6) assistance in complying with state laws and rules.
31- SECTION 2. Section 11.156, Education Code, is amended by
32- adding Subsections (c) and (d) to read as follows:
33- (c) A school district shall:
34- (1) accept from a parent-teacher organization or
35- association recognized by the district a donation designated to
36- fund supplemental educational staff positions at a school campus;
37- and
38- (2) spend the donation accepted under Subdivision (1)
39- for the designated purpose at the direction of and within the time
40- period specified by the school campus for which the donation was
41- designated.
42- (d) Subsection (c) and this subsection expire September 1,
43- 2025.
44- SECTION 3. Section 12.106, Education Code, is amended by
15+ SECTION 1. Section 12.106, Education Code, is amended by
4516 adding Subsections (a-5) and (a-6) to read as follows:
4617 (a-5) To ensure compliance with the requirements for the
4718 maintenance of state financial support for special education under
4819 20 U.S.C. Section 1412(a)(18), in determining the funding for an
4920 open-enrollment charter school under Subsection (a) for the Section
5021 48.102 allotment, the commissioner shall:
5122 (1) if necessary, increase the amount of that
5223 allotment to an amount equal to the amount the charter holder was
5324 entitled to receive for the charter school under the allotment
5425 under former Section 42.151, Education Code, for the 2018-2019
5526 school year; and
5627 (2) reduce the amount of the allotment the charter
5728 holder is entitled to receive for the charter school under
5829 Subsection (a-2) by the amount of any increase provided for the
5930 charter school under Subdivision (1).
6031 (a-6) Subsection (a-5) and this subsection expire September
6132 1, 2025.
62- SECTION 4. Sections 12.133(b), (b-1), and (c), Education
33+ SECTION 2. Sections 12.133(b), (b-1), and (c), Education
6334 Code, are amended to read as follows:
6435 (b) Each school year, [using state funds received by the
6536 charter holder for that purpose under Subsection (d),] a charter
6637 holder that participated in the program under Chapter 1579,
6738 Insurance Code, for the 2005-2006 school year shall provide
6839 employees of the charter holder, other than administrators,
6940 compensation in the form of annual salaries, incentives, or other
7041 compensation determined appropriate by the charter holder that
7142 results in an average compensation increase for classroom teachers,
7243 full-time librarians, full-time school counselors, and full-time
7344 school nurses who are employed by the charter holder and who would
7445 be entitled to a minimum salary under Section 21.402 if employed by
7546 a school district, in an amount at least equal to $2,500.
7647 (b-1) A [Using state funds received by the charter holder
7748 for that purpose under Subsection (d-1), a] charter holder that
7849 participated in the program under Chapter 1579, Insurance Code, for
7950 the 2005-2006 school year shall provide employees of the charter
8051 holder, other than administrators, compensation in the form of
8152 annual salaries, incentives, or other compensation determined
8253 appropriate by the charter holder that results in average
8354 compensation increases as follows:
8455 (1) for full-time employees other than employees who
8556 would be entitled to a minimum salary under Section 21.402 if
8657 employed by a school district, an average increase at least equal to
8758 $500; and
8859 (2) for part-time employees, an average increase at
8960 least equal to $250.
9061 (c) Each school year, [using state funds received by the
9162 charter holder for that purpose under Subsection (e),] a charter
9263 holder that did not participate in the program under Chapter 1579,
9364 Insurance Code, for the 2005-2006 school year shall provide
9465 employees of the charter holder, other than administrators,
9566 compensation in the form of annual salaries, incentives, or other
9667 compensation determined appropriate by the charter holder that
9768 results in an average compensation increase for classroom teachers,
9869 full-time librarians, full-time school counselors, and full-time
9970 school nurses who are employed by the charter holder and who would
10071 be entitled to a minimum salary under Section 21.402 if employed by
10172 a school district, in an amount at least equal to $2,000.
102- SECTION 5. Section 21.3521(a), Education Code, is amended
73+ SECTION 3. Section 21.3521(a), Education Code, is amended
10374 to read as follows:
10475 (a) Subject to Subsection (b), a school district or
10576 open-enrollment charter school may designate a [certified]
10677 classroom teacher as a master, exemplary, or recognized teacher for
10778 a five-year period based on the results from single year or
10879 multiyear appraisals that comply with Section 21.351 or 21.352.
109- SECTION 6. Section 22.092(d), Education Code, is amended to
80+ SECTION 4. Section 25.001(h), Education Code, is amended to
11081 read as follows:
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
26294 to read as follows:
26395 (a) Each school district and open-enrollment charter school
26496 shall:
26597 (1) provide for the use of a phonics curriculum that
26698 uses systematic direct instruction in kindergarten through third
26799 grade to ensure all students obtain necessary early literacy
268100 skills;
269101 (2) ensure that:
270102 (A) not later than the 2022-2023 [2021-2022]
271103 school year, each classroom teacher in kindergarten or first,
272104 second, or third grade and each principal at a campus with
273105 kindergarten or first, second, or third grade has attended a
274106 teacher literacy achievement academy developed under Section
275107 21.4552; and
276108 (B) each classroom teacher and each principal
277109 initially employed in a grade level or at a campus described by
278110 Paragraph (A) for the 2022-2023 [2021-2022] school year or a
279111 subsequent school year has attended a teacher literacy achievement
280112 academy developed under Section 21.4552 by the end of [before] the
281113 teacher's or principal's first year of placement in that grade level
282114 or campus; and
283115 (3) certify to the agency that the district or school:
284116 (A) prioritizes placement of highly effective
285117 teachers in kindergarten through second grade; and
286118 (B) has integrated reading instruments used to
287119 diagnose reading development and comprehension to support each
288120 student in prekindergarten through third grade.
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
459122 to read as follows:
460123 (d-1) A district may not receive an exemption under
461124 Subsection (d) unless the district has solicited [and considered at
462125 a public meeting] proposals for partnerships with public or private
463126 entities regarding prekindergarten classes required under this
464127 section in accordance with guidance provided by the agency
465128 regarding soliciting partnerships and considered submitted
466129 proposals at a public meeting. A decision of the board of trustees
467130 regarding a partnership described by this subsection is final.
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
687132 to read as follows:
688133 (c) Subject to Subsection (d), funds allotted under this
689134 section may be used to:
690135 (1) purchase:
691136 (A) materials on the list adopted by the
692137 commissioner, as provided by Section 31.0231;
693138 (B) instructional materials, regardless of
694139 whether the instructional materials are on the list adopted under
695140 Section 31.024;
696141 (C) consumable instructional materials,
697142 including workbooks;
698143 (D) instructional materials for use in bilingual
699144 education classes, as provided by Section 31.029;
700145 (E) instructional materials for use in college
701146 preparatory courses under Section 28.014, as provided by Section
702147 31.031;
703148 (F) supplemental instructional materials, as
704149 provided by Section 31.035;
705150 (G) state-developed open education resource
706151 instructional materials, as provided by Subchapter B-1;
707152 (H) instructional materials and technological
708153 equipment under any continuing contracts of the district in effect
709154 on September 1, 2011;
710155 (I) technological equipment necessary to support
711156 the use of materials included on the list adopted by the
712157 commissioner under Section 31.0231 or any instructional materials
713158 purchased with an allotment under this section; and
714159 (J) inventory software or systems for storing,
715160 managing, and accessing instructional materials and analyzing the
716161 usage and effectiveness of the instructional materials; and
717162 (2) pay:
718163 (A) for training educational personnel directly
719164 involved in student learning in the appropriate use of
720165 instructional materials and for providing for access to
721166 technological equipment for instructional use; [and]
722167 (B) the salary and other expenses of an employee
723168 who provides technical support for the use of technological
724169 equipment directly involved in student learning; and
725170 (C) for costs associated with distance learning,
726171 including Wi-Fi, Internet access hotspots, wireless network
727172 service, broadband service, and other services and technological
728173 equipment necessary to facilitate Internet access.
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
844175 to read as follows:
845176 (b-1) In a school district's safety and security audit
846177 required under Subsection (b), the district must certify that the
847178 district used the funds provided to the district through the school
848179 safety allotment under Section 48.115 [42.168] only for the
849180 purposes provided by that section.
850- SECTION 17. Section 39.0261, Education Code, is amended by
181+ SECTION 9. Section 39.0261, Education Code, is amended by
851182 adding Subsection (a-1) and amending Subsection (b) to read as
852183 follows:
853184 (a-1) Notwithstanding Subsection (a)(3), the commissioner
854185 by rule may allow a student to take at state cost an assessment
855186 instrument described by that subdivision if circumstances existed
856187 that prevented the student from taking the assessment instrument
857188 before the student graduated from high school.
858189 (b) The agency shall:
859190 (1) select and approve vendors of the specific
860191 assessment instruments administered under this section and
861192 negotiate with each approved vendor a price for each assessment
862193 instrument; and
863194 (2) provide reimbursement to a school district in the
864195 amount negotiated under Subdivision (1) for [all fees associated
865196 with] the administration of the assessment instrument from funds
866197 appropriated for that purpose.
867- SECTION 18. Section 39.053(g-4), Education Code, is amended
198+ SECTION 10. Section 39.053(g-4), Education Code, is amended
868199 to read as follows:
869200 (g-4) For purposes of the computation of dropout and
870201 completion rates such as high school graduation rates under
871202 Subsection (c)(1)(B)(ix), the commissioner shall exclude a student
872203 who was reported as having dropped out of school under Section
873204 48.009(b-4) [42.006(a-9)], and the student may not be considered to
874205 have dropped out from the school district or campus in which the
875206 student was last enrolled.
876- SECTION 19. Subchapter D, Chapter 39, Education Code, is
877- amended by adding Section 39.087 to read as follows:
878- Sec. 39.087. COVID-19 ADJUSTMENT FOR FINANCIAL
879- ACCOUNTABILITY. (a) The commissioner shall adjust the financial
880- accountability rating system under Section 39.082 to account for
881- the impact of financial practices necessary as a response to the
882- coronavirus disease (COVID-19) pandemic, including adjustments
883- required to account for federal funding and funding adjustments
884- under Subchapter F, Chapter 48.
885- (b) This section expires September 1, 2023.
886- SECTION 20. Section 45.0021, Education Code, is amended by
207+ SECTION 11. Section 45.0021, Education Code, is amended by
887208 amending Subsection (a) and adding Subsections (c), (d), (e), and
888209 (f) to read as follows:
889210 (a) A school district may not levy [increase the rate of]
890211 the district's maintenance taxes described by Section 45.002 at a
891212 rate intended to create a surplus in maintenance tax revenue for the
892213 purpose of paying the district's debt service.
893214 (c) The agency shall:
894215 (1) develop a method to identify school districts that
895216 may have adopted a maintenance tax rate in violation of Subsection
896217 (a), which must include a review of data over multiple years;
897218 (2) for each school district identified under the
898219 method developed under Subdivision (1), investigate as necessary to
899220 determine whether the district has adopted a maintenance tax rate
900221 in violation of Subsection (a);
901222 (3) if the agency determines that a school district
902223 has adopted a maintenance tax rate in violation of Subsection (a):
903224 (A) order the district to comply with Subsection
904225 (a) not later than three years after the date of the order; and
905226 (B) assist the district in developing a
906227 corrective action plan that, to the extent feasible, does not
907228 result in a net increase in the district's total tax rate; and
908229 (4) post on the agency's Internet website a list of
909230 each school district the agency has determined to have adopted a
910231 maintenance tax rate in violation of Subsection (a).
911232 (d) The implementation of a corrective action plan under
912233 Subsection (c)(3)(B) does not prohibit a school district from
913234 increasing the district's total tax rate as necessary to achieve
914235 other legal purposes.
915236 (e) If a school district fails to take action under a
916237 corrective action plan developed under Subsection (c)(3)(B), the
917238 commissioner may reduce the district's entitlement under Chapter 48
918239 by an amount equal to the difference between:
919240 (1) the amount of state and local funding the district
920241 received as a result of adopting a maintenance tax rate in violation
921242 of Subsection (a); and
922243 (2) the amount of state and local funding the district
923244 would have received if the district had not adopted a maintenance
924245 tax rate in violation of Subsection (a).
925246 (f) This section does not prohibit a school district from:
926247 (1) using a surplus in maintenance tax revenue to pay
927248 the district's debt service if:
928249 (A) the district's interest and sinking fund tax
929250 revenue is insufficient to pay the district's debt service due to
930251 circumstances beyond the district's control; and
931252 (B) the use of the surplus maintenance tax
932253 revenue to pay the district's debt service is necessary to prevent a
933254 default on the district's debt;
934255 (2) paying a portion of the district's maintenance tax
935256 revenue into the tax increment fund for a reinvestment zone under
936257 Chapter 311, Tax Code; or
937258 (3) using money disbursed from the tax increment fund
938259 for a reinvestment zone under Chapter 311, Tax Code, in accordance
939260 with the agreement entered into by the district with the governing
940261 body of the municipality or county that designated the zone under
941262 Section 311.013(f) of that code.
942- SECTION 21. Section 48.005(d), Education Code, is amended
943- to read as follows:
944- (d) The commissioner may adjust the average daily
945- attendance of a school district in which a disaster, flood, extreme
946- weather condition, fuel curtailment, or other calamity has a
947- significant effect on the district's attendance. In addition to
948- providing the adjustment for the amount of instructional days
949- during the semester in which the calamity first occurred, an
950- adjustment under this section may only be provided based on a
951- particular calamity for an additional amount of instructional days
952- equivalent to one school year. The commissioner may divide the
953- adjustment between two consecutive school years.
954- SECTION 22. Section 48.009, Education Code, is amended by
263+ SECTION 12. Section 48.009, Education Code, is amended by
955264 amending Subsection (b) and adding Subsection (b-4) to read as
956265 follows:
957266 (b) The commissioner by rule shall require each school
958267 district and open-enrollment charter school to report through the
959268 Public Education Information Management System information
960269 regarding:
961270 (1) the number of students enrolled in the district or
962271 school who are identified as having dyslexia;
963272 (2) the availability of school counselors, including
964273 the number of full-time equivalent school counselors, at each
965274 campus;
966275 (3) the availability of expanded learning
967276 opportunities as described by Section 33.252 at each campus;
968277 (4) the total number of students, other than students
969278 described by Subdivision (5), enrolled in the district or school
970279 with whom the district or school, as applicable, used intervention
971280 strategies, as that term is defined by Section 26.004, at any time
972281 during the year for which the report is made; [and]
973282 (5) the total number of students enrolled in the
974283 district or school to whom the district or school provided aids,
975284 accommodations, or services under Section 504, Rehabilitation Act
976285 of 1973 (29 U.S.C. Section 794), at any time during the year for
977286 which the report is made;
978287 (6) disaggregated by campus and grade, the number of:
979288 (A) children who are required to attend school
980289 under Section 25.085, are not exempted under Section 25.086, and
981290 fail to attend school without excuse for 10 or more days or parts of
982291 days within a six-month period in the same school year;
983292 (B) students for whom the district initiates a
984293 truancy prevention measure under Section 25.0915(a-4); and
985294 (C) parents of students against whom an
986295 attendance officer or other appropriate school official has filed a
987296 complaint under Section 25.093; and
988297 (7) the number of students who are enrolled in a high
989298 school equivalency program, a dropout recovery school, or an adult
990299 education program provided under a high school diploma and industry
991300 certification charter school program provided by the district or
992301 school and who:
993302 (A) are at least 18 years of age and under 26
994303 years of age;
995304 (B) have not previously been reported to the
996305 agency as dropouts; and
997306 (C) enroll in the program at the district or
998307 school after not attending school for a period of at least nine
999308 months.
1000309 (b-4) A student reported under Subsection (b)(7) as having
1001310 enrolled in a high school equivalency program, a dropout recovery
1002311 school, or an adult education program provided under a high school
1003312 diploma and industry certification charter school program must be
1004313 reported through the Public Education Information Management
1005314 System as having previously dropped out of school.
1006- SECTION 23. Section 48.051, Education Code, is amended by
1007- adding Subsections (c-1) and (c-2) to read as follows:
1008- (c-1) A school district employee who received a salary
1009- increase under Subsection (c) from a school district for the
1010- 2019-2020 school year is, as long as the employee remains employed
1011- by the same district and the district is receiving at least the same
1012- amount of funding as the amount of funding the district received for
1013- the 2019-2020 school year, entitled to salary that is at least equal
1014- to the salary the employee received for the 2019-2020 school year.
1015- This subsection does not apply if the board of trustees of the
1016- school district at which the employee is employed:
1017- (1) complies with Sections 21.4021, 21.4022, and
1018- 21.4032 in reducing the employee's salary; and
1019- (2) has adopted a resolution declaring a financial
1020- exigency for the district under Section 44.011.
1021- (c-2) A reduction in the salary of a school district
1022- employee described by Subsection (c-1) is subject to the rights
1023- granted to the employee under this code.
1024- SECTION 24. Section 48.104, Education Code, is amended by
315+ SECTION 13. Section 48.104, Education Code, is amended by
1025316 adding Subsection (e-1) and amending Subsections (j-1) and (k) to
1026317 read as follows:
1027318 (e-1) For each student who is a homeless child or youth as
1028319 defined by 42 U.S.C. Section 11434a, a school district is entitled
1029320 to an annual allotment equal to the basic allotment multiplied by
1030321 the highest weight provided under Subsection (d).
1031322 (j-1) In addition to other purposes for which funds
1032323 allocated under this section may be used, those funds may also be
1033324 used to:
1034325 (1) provide child-care services or assistance with
1035326 child-care expenses for students at risk of dropping out of school,
1036327 as described by Section 29.081(d)(5); [or]
1037328 (2) pay the costs associated with services provided
1038329 through a life skills program in accordance with Sections
1039- 29.085(b)(1) and (3)-(7);
330+ 29.085(b)(1) and (3)-(7); or
1040331 (3) pay costs for services provided by an
1041332 instructional coach to raise student achievement at a campus in
1042- which educationally disadvantaged students are enrolled; or
1043- (4) pay expenses related to reducing the dropout rate
1044- and increasing the rate of high school completion, including
1045- expenses related to:
1046- (A) duties performed by attendance officers to
1047- support educationally disadvantaged students; and
1048- (B) programs that build skills related to
1049- managing emotions, establishing and maintaining positive
1050- relationships, and making responsible decisions.
333+ which educationally disadvantaged students are enrolled.
1051334 (k) At least 55 percent of the funds allocated under this
1052335 section must be used to:
1053336 (1) fund supplemental programs and services,
1054337 including services provided by an instructional coach, designed to
1055338 eliminate any disparity in performance on assessment instruments
1056339 administered under Subchapter B, Chapter 39, or disparity in the
1057340 rates of high school completion between:
1058341 (A) students who are educationally disadvantaged
1059342 and students who are not educationally disadvantaged; and
1060343 (B) students at risk of dropping out of school,
1061344 as defined by Section 29.081, and all other students; or
1062345 (2) support a program eligible under Title I of the
1063346 Elementary and Secondary Education Act of 1965, as provided by Pub.
1064347 L. No. 103-382 and its subsequent amendments, and by federal
1065348 regulations implementing that Act.
1066- SECTION 25. Section 48.106, Education Code, is amended by
349+ SECTION 14. Section 48.106, Education Code, is amended by
1067350 amending Subsection (a) and adding Subsections (a-1) and (d) to
1068351 read as follows:
1069352 (a) For each full-time equivalent student in average daily
1070353 attendance in an approved career and technology education program
1071354 in grades 7 through 12, a district is entitled to[:
1072355 [(1)] an annual allotment equal to the basic
1073356 allotment, or, if applicable, the sum of the basic allotment and the
1074357 allotment under Section 48.101 to which the district is entitled,
1075358 multiplied by:
1076359 (1) 1.1 for a full-time equivalent student in career
1077360 and technology education courses not in an approved program of
1078361 study;
1079362 (2) 1.28 for a full-time equivalent student in levels
1080363 one and two career and technology education courses in an approved
1081364 program of study, as identified by the agency [a weight of 1.35];
1082365 and
1083366 (3) 1.47 for a full-time equivalent student in levels
1084367 three and four career and technology education courses in an
1085368 approved program of study, as identified by the agency.
1086369 (a-1) In addition to the amounts under Subsection (a), for
1087370 each student in average daily attendance, a district is entitled to
1088371 [(2)] $50 for each of the following in which the
1089372 student is enrolled:
1090373 (1) [(A) two or more advanced career and technology
1091374 education classes for a total of three or more credits;
1092375 [(B)] a campus designated as a P-TECH school
1093376 under Section 29.556; or
1094377 (2) [(C)] a campus that is a member of the New Tech
1095378 Network and that focuses on project-based learning and work-based
1096379 education.
1097380 (d) The agency shall annually publish a list of career and
1098381 technology courses that qualify for an allotment under Subsection
1099382 (a), disaggregated by the weight for which the course qualifies.
1100- SECTION 26. Section 48.106(b), Education Code, is amended
383+ SECTION 15. Section 48.106(b), Education Code, is amended
1101384 by amending Subdivision (1) and adding Subdivision (1-a) to read as
1102385 follows:
1103386 (1) "Approved [Career and technology education class"
1104387 and "]career and technology education program":
1105388 (A) means a sequence of career and technology
1106389 education courses, including [include] technology applications
1107390 courses, authorized by the State Board of Education; and
1108391 (B) includes only courses that qualify for high
1109392 school credit.
1110393 (1-a) "Approved program of study" means a course
1111394 sequence that:
1112395 (A) provides students with the knowledge and
1113396 skills necessary for success in the students' chosen careers; and
1114397 (B) is approved by the agency for purposes of the
1115398 Strengthening Career and Technical Education for the 21st Century
1116399 Act (Pub. L. No. 115-224).
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
1161401 to read as follows:
1162402 (f) For purposes of this section, an annual graduate
1163403 demonstrates:
1164404 (1) college readiness if the annual graduate:
1165405 (A) both:
1166406 (i) achieves college readiness standards
1167407 used for accountability purposes under Chapter 39 on the ACT, the
1168408 SAT, or an assessment instrument designated by the Texas Higher
1169409 Education Coordinating Board under Section 51.334; and
1170410 (ii) [(B)] during a time period established
1171411 by commissioner rule, enrolls at a postsecondary educational
1172412 institution; or
1173413 (B) earns an associate degree from a
1174414 postsecondary educational institution approved by the Texas Higher
1175415 Education Coordinating Board while attending high school or during
1176416 a time period established by commissioner rule;
1177417 (2) career readiness if the annual graduate:
1178418 (A) achieves college readiness standards used
1179419 for accountability purposes under Chapter 39 on the ACT, the SAT, or
1180420 an assessment instrument designated by the Texas Higher Education
1181421 Coordinating Board under Section 51.334; and
1182422 (B) during a time period established by
1183423 commissioner rule, earns an industry-accepted certificate; and
1184424 (3) military readiness if the annual graduate:
1185425 (A) achieves a passing score set by the
1186426 applicable military branch on the Armed Services Vocational
1187427 Aptitude Battery; and
1188428 (B) during a time period established by
1189429 commissioner rule, enlists in the armed forces of the United
1190430 States.
1191- SECTION 29. Section 48.111, Education Code, is amended to
431+ SECTION 17. Section 48.111, Education Code, is amended to
1192432 read as follows:
1193433 Sec. 48.111. FAST GROWTH ALLOTMENT. (a) Except as provided
1194434 by Subsection (c), a [A] school district [in which the growth in
1195435 student enrollment in the district over the preceding three school
1196436 years is in the top quartile of student enrollment growth in school
1197437 districts in the state for that period, as determined by the
1198438 commissioner,] is entitled to an annual allotment equal to the
1199- basic allotment multiplied by the applicable weight under
1200- Subsection (a-1) [0.04] for each enrolled student equal to the
1201- difference, if the difference is greater than zero, that results
1202- from subtracting 250 from the difference between the number of
1203- students enrolled in the district during the school year
439+ basic allotment multiplied by 0.35 [0.04] for each enrolled student
440+ equal to the difference, if the difference is greater than zero,
441+ that results from subtracting 250 from the difference between the
442+ number of students enrolled in the district during the school year
1204443 immediately preceding the current school year and the number of
1205444 students enrolled in the district during the school year six years
1206445 preceding the current school year [in average daily attendance].
1207- (a-1) For purposes of Subsection (a), the agency shall
1208- assign the following weights:
1209- (1) 0.48 for each student enrolled at a district in the
1210- top 40 percent of districts, as determined based on the number of
1211- students calculated under Subsection (a);
1212- (2) 0.33 for each student enrolled at a district in the
1213- middle 30 percent of districts, as determined based on the number of
1214- students calculated under Subsection (a); and
1215- (3) 0.18 for each student enrolled at a district in the
1216- bottom 30 percent of districts, as determined based on the number of
1217- students calculated under Subsection (a).
1218- (a-2) Notwithstanding Subsection (a-1), for the 2021-2022
1219- school year, instead of using the weights under that subsection,
1220- the agency shall substitute the following weights:
1221- (1) 0.45 for each student enrolled at a district in the
1222- top 40 percent of districts, as determined based on the number of
1223- students calculated under Subsection (a);
1224- (2) 0.30 for each student enrolled at a district in the
1225- middle 30 percent of districts, as determined based on the number of
1226- students calculated under Subsection (a); and
1227- (3) 0.15 for each student enrolled at a district in the
1228- bottom 30 percent of districts, as determined based on the number of
1229- students calculated under Subsection (a).
1230- (a-3) Subsection (a-2) and this subsection expire September
446+ (a-1) Notwithstanding Subsection (a), instead of using the
447+ weight of "0.35" in Subsection (a), the agency shall substitute the
448+ following weights:
449+ (1) for the 2021-2022 school year, "0.30"; and
450+ (2) for the 2022-2023 school year, "0.348".
451+ (a-2) Subsection (a-1) and this subsection expire September
1231452 1, 2024.
1232453 (b) For purposes of Subsection (a), in determining the
1233454 number of students enrolled in a school district, the commissioner
1234455 shall exclude students enrolled in the district who receive
1235456 full-time instruction through the state virtual school network
1236457 under Chapter 30A.
1237458 (c) Notwithstanding Subsection (a), the total amount that
1238459 may be used to provide allotments under Subsection (a) may not
1239460 exceed $320 million. If the total amount of allotments to which
1240461 districts are entitled under Subsection (a) for a school year
1241462 exceeds the amount permitted under this subsection, the
1242- commissioner shall proportionately reduce each district's
1243- allotment under this section.
463+ commissioner shall reduce each district's allotment under this
464+ section in the manner provided by Section 48.266(f).
1244465 (c-1) Notwithstanding Subsection (c), the total amount that
1245466 may be used to provide allotments under Subsection (a) may not
1246467 exceed:
1247468 (1) for the 2021-2022 school year, $270 million;
1248469 (2) for the 2022-2023 school year, $310 million; and
1249470 (3) for the 2023-2024 school year, $315 million.
1250471 (c-2) Subsection (c-1) and this subsection expire September
1251472 1, 2025.
1252- (d) Subject to the limitation under Subsection (d-1), for
1253- the 2021-2022 school year, the agency shall provide to each school
1254- district, regardless of whether the district is entitled to an
1255- allotment under Subsection (a) for the 2021-2022 school year, an
1256- amount equal to the difference, if the difference is greater than
1257- zero, between the amount of the allotment for the 2019-2020 school
1258- year under this section, as this section existed on September 1,
1259- 2019, and the amount of the allotment for the 2021-2022 school year.
473+ (d) For the 2021-2022 school year, the agency shall provide
474+ to each school district that received an allotment under this
475+ section for the 2019-2020 school year but is not entitled to an
476+ allotment for the 2021-2022 school year an amount equal to the
477+ amount of the allotment provided to the district under this section
478+ for the 2019-2020 school year.
1260479 (d-1) The total amount that may be used to provide funding
1261480 under Subsection (d) may not exceed $40 million. If the total amount
1262481 of funding to which districts are entitled under Subsection (d) for
1263482 a school year exceeds the amount permitted under this subsection,
1264- the commissioner shall proportionately reduce each district's
1265- amount under Subsection (d).
483+ the commissioner shall reduce each district's amount under
484+ Subsection (d) in the manner provided by Section 48.266(f).
1266485 (d-2) The amounts to which school districts are entitled
1267486 under Subsection (d) are not subject to the amount limitations
1268487 described by Subsections (c) and (c-1).
1269488 (d-3) Subsections (d), (d-1), (d-2), and this subsection
1270489 expire September 1, 2023.
1271- SECTION 30. Section 48.112, Education Code, is amended by
490+ SECTION 18. Section 48.112, Education Code, is amended by
1272491 adding Subsection (j) to read as follows:
1273492 (j) The Texas School for the Deaf and the Texas School for
1274493 the Blind and Visually Impaired are entitled to an allotment under
1275494 this section. If the commissioner determines that assigning point
1276495 values under Subsections (e) and (f) to students enrolled in the
1277496 Texas School for the Deaf or the Texas School for the Blind and
1278497 Visually Impaired is impractical, the commissioner may use the
1279498 average point value assigned for those students' home districts for
1280499 purposes of calculating the high needs and rural factor.
1281- SECTION 31. Section 42.168, Education Code, as added by
500+ SECTION 19. Section 42.168, Education Code, as added by
1282501 Chapter 464 (S.B. 11), Acts of the 86th Legislature, Regular
1283502 Session, 2019, is transferred to Subchapter C, Chapter 48,
1284503 Education Code, redesignated as Section 48.115, Education Code, and
1285504 amended to read as follows:
1286505 Sec. 48.115 [42.168]. SCHOOL SAFETY ALLOTMENT. (a) From
1287506 funds appropriated for that purpose, the commissioner shall provide
1288507 to a school district an annual allotment in the amount provided by
1289508 appropriation for each student in average daily attendance.
1290509 (b) Funds allocated under this section must be used to
1291510 improve school safety and security, including costs associated
1292511 with:
1293512 (1) securing school facilities, including:
1294513 (A) improvements to school infrastructure;
1295514 (B) the use or installation of physical barriers;
1296515 and
1297516 (C) the purchase and maintenance of:
1298517 (i) security cameras or other security
1299518 equipment; and
1300519 (ii) technology, including communications
1301520 systems or devices, that facilitates communication and information
1302521 sharing between students, school personnel, and first responders in
1303522 an emergency;
1304523 (2) providing security for the district, including:
1305524 (A) employing school district peace officers,
1306525 private security officers, and school marshals; and
1307526 (B) collaborating with local law enforcement
1308527 agencies, such as entering into a memorandum of understanding for
1309528 the assignment of school resource officers to schools in the
1310529 district;
1311530 (3) school safety and security training and planning,
1312531 including:
1313532 (A) active shooter and emergency response
1314533 training;
1315534 (B) prevention and treatment programs relating
1316535 to addressing adverse childhood experiences; and
1317536 (C) the prevention, identification, and
1318- management of emergencies and threats, using evidence-based,
1319- effective prevention practices and including:
1320- (i) providing licensed counselors, social
1321- workers, and individuals trained in restorative discipline and
1322- restorative justice practices;
1323- (ii) providing mental health personnel and
537+ management of emergencies and threats, including:
538+ (i) providing mental health personnel and
1324539 support;
1325- (iii) [(ii)] providing behavioral health
1326- services; [and]
1327- (iv) [(iii)] establishing threat reporting
540+ (ii) providing behavioral health services;
541+ and
542+ (iii) establishing threat reporting
1328543 systems; and
1329- (v) developing and implementing programs
1330- focused on restorative justice practices, culturally relevant
1331- instruction, and providing mental health support; and
1332544 (4) providing programs related to suicide prevention,
1333545 intervention, and postvention.
1334546 (c) A school district may use funds allocated under this
1335547 section for equipment or software that is used for a school safety
1336548 and security purpose and an instructional purpose, provided that
1337549 the instructional use does not compromise the safety and security
1338550 purpose of the equipment or software.
1339- (d) The commissioner shall annually publish a report
1340- regarding funds allocated under this section including the
1341- programs, personnel, and resources purchased by districts using
1342- funds under this section and other purposes for which the funds were
1343- used [A school district that is required to take action under
551+ [(d) A school district that is required to take action under
1344552 Chapter 41 to reduce its wealth per student to the equalized wealth
1345553 level is entitled to a credit, in the amount of the allotments to
1346554 which the district is to receive as provided by appropriation,
1347555 against the total amount required under Section 41.093 for the
1348556 district to purchase attendance credits.
1349557 [(e) The commissioner may adopt rules to implement this
1350- section].
1351- SECTION 32. Section 48.252(a), Education Code, is amended
1352- to read as follows:
1353- (a) This section applies only to:
1354- (1) a school district and an open-enrollment charter
1355- school that enter into a contract to operate a district campus as
1356- provided by Section 11.174;
1357- (2) a charter granted by a school district for a
1358- program operated by an entity that has entered into a contract under
1359- Section 11.174, provided that the district does not appoint a
1360- majority of the governing body of the charter holder; [and]
1361- (3) a school district that contracts with an
1362- open-enrollment charter school to jointly operate a campus or
1363- campus program as provided by Section 11.157(b); and
1364- (4) a school district that operates a resource campus
1365- as provided by Section 29.934.
1366- SECTION 33. Section 48.2551, Education Code, is amended by
558+ section.]
559+ SECTION 20. Section 48.2551, Education Code, is amended by
1367560 amending Subsections (a) and (c) and adding Subsections (d-1) and
1368561 (d-2) to read as follows:
1369562 (a) In this section:
1370563 (1) "DPV" is the taxable value of property in the
1371564 school district, as determined by the agency by rule, using locally
1372565 determined property values adjusted in accordance with Section
1373566 403.302(d), Government Code [has the meaning assigned by Section
1374567 48.256];
1375568 (2) "E" is the expiration of the exclusion of
1376569 appraised property value for the preceding tax year that is
1377570 recognized as taxable property value for the current tax year,
1378571 which is the sum of the following:
1379572 (A) property value that is no longer subject to a
1380573 limitation on appraised value under Chapter 313, Tax Code; and
1381574 (B) property value under Section 311.013(n), Tax
1382575 Code, that is no longer excluded from the calculation of "DPV" from
1383576 the preceding year because of refinancing or renewal after
1384577 September 1, 2019;
1385578 (3) "MCR" is the district's maximum compressed rate,
1386579 which is the tax rate for the current tax year per $100 of valuation
1387580 of taxable property at which the district must levy a maintenance
1388581 and operations tax to receive the full amount of the tier one
1389582 allotment to which the district is entitled under this chapter;
1390583 (4) "PYDPV" is the district's value of "DPV" for the
1391584 preceding tax year; and
1392585 (5) "PYMCR" is the district's value of "MCR" for the
1393586 preceding tax year.
1394587 (c) Notwithstanding Subsection (b), for a district to which
1395588 Section 48.2552(b) applies, the district's maximum compressed rate
1396589 is the value calculated in accordance with Section 48.2552(b) [for
1397590 "MCR" under Subsection (b)(1)(B)].
1398591 (d-1) Local appraisal districts, school districts, and the
1399592 comptroller shall provide any information necessary to the agency
1400593 to implement this section.
1401594 (d-2) A school district may appeal to the commissioner the
1402595 district's taxable property value as determined by the agency under
1403596 this section. A decision by the commissioner is final and may not be
1404597 appealed.
1405- SECTION 34. Section 48.2552(b), Education Code, is amended
598+ SECTION 21. Section 48.2552(b), Education Code, is amended
1406599 to read as follows:
1407600 (b) If a school district's [district has a] maximum
1408601 compressed rate as calculated under Section 48.2551(b) would be
1409602 [that is] less than 90 percent of another school district's maximum
1410603 compressed rate, the district's maximum compressed rate is the
1411604 value at which the district's maximum compressed rate would be
1412605 equal to 90 percent of the other district's maximum compressed rate
1413606 [calculated under Section 48.2551(c) until the agency determines
1414607 that the difference between the district's and another district's
1415608 maximum compressed rates is not more than 10 percent].
1416- SECTION 35. Section 48.257(c), Education Code, is amended
609+ SECTION 22. Section 48.257(c), Education Code, is amended
1417610 to read as follows:
1418611 (c) For purposes of Subsection (a), state aid to which a
1419612 district is entitled under this chapter that is not described by
1420613 Section 48.266(a)(3) [48.266(a)(1), (2), or (3)] may offset the
1421614 amount by which a district must reduce the district's [tier one]
1422615 revenue level under this section [Subsection (a)]. Any amount of
1423616 state aid used as an offset under this subsection shall reduce the
1424617 amount of state aid to which the district is entitled.
1425- SECTION 36. Subchapter F, Chapter 48, Education Code, is
1426- amended by adding Section 48.2611 to read as follows:
1427- Sec. 48.2611. ONE-TIME REIMBURSEMENT FOR WINTER STORM URI.
1428- (a) The agency shall provide reimbursement to school districts in
1429- accordance with Section 48.261 for costs incurred as a result of the
1430- 2021 North American winter storm (Winter Storm Uri), including any
1431- resulting electricity price increases.
1432- (b) This section expires September 1, 2023.
1433- SECTION 37. Subchapter F, Chapter 48, Education Code, is
618+ SECTION 23. Subchapter F, Chapter 48, Education Code, is
1434619 amended by adding Section 48.2721 to read as follows:
1435620 Sec. 48.2721. RECOVERY OF FUNDS FROM EXCESSIVE TAXATION.
1436621 The commissioner shall reduce state aid or adjust the limit on local
1437622 revenue under Section 48.257 in an amount equal to the amount of
1438623 revenue generated by a school district's tax effort that is not in
1439624 compliance with Section 45.003 or this chapter.
1440- SECTION 38. Section 48.277, Education Code, is amended by
625+ SECTION 24. Section 48.277, Education Code, is amended by
1441626 adding Subsection (c-1) to read as follows:
1442627 (c-1) Notwithstanding any other provision of this chapter,
1443628 beginning with the 2021-2022 school year, if the total amount of
1444629 allotments to which school districts and open-enrollment charter
1445630 schools are entitled under this section for a school year exceeds
1446- $400 million, the commissioner shall proportionately reduce each
1447- district's or school's allotment under this section. The reduction
1448- in the amount to which a district or school is entitled under this
1449- section may not result in an amount that is less than zero.
1450- SECTION 39. Subchapter F, Chapter 48, Education Code, is
1451- amended by adding Section 48.281 to read as follows:
631+ $400 million, the commissioner shall reduce each district's or
632+ school's allotment under this section in the manner provided by
633+ Section 48.266(f). The reduction in the amount to which a district
634+ or school is entitled under this section may not result in an amount
635+ that is less than zero.
636+ SECTION 25. Subchapter F, Chapter 48, Education Code, is
637+ amended by adding Sections 48.281 and 48.282 to read as follows:
1452638 Sec. 48.281. MAINTENANCE OF EFFORT AND EQUITY FOR FEDERAL
1453639 MONEY RELATED TO COVID-19 PANDEMIC. (a) Subject to Subsection (b),
1454- the commissioner shall increase a school district's or
1455- open-enrollment charter school's entitlement under this chapter as
1456- necessary to ensure compliance with requirements regarding
1457- maintenance of effort and maintenance of equity under Section 317,
1458- Coronavirus Response and Relief Supplemental Appropriations Act,
1459- 2021 (Div. M, Pub. L. No. 116-260, reprinted in note, 20 U.S.C.
1460- Section 3401), and Section 2001, American Rescue Plan Act of 2021
1461- (Pub. L. No. 117-2, reprinted in note, 20 U.S.C. Section 3401).
1462- (b) Before making an increase under Subsection (a), the
640+ the commissioner may adjust a school district's or open-enrollment
641+ charter school's entitlement under this chapter as necessary to
642+ ensure compliance with requirements regarding maintenance of
643+ effort and maintenance of equity under Section 317, Coronavirus
644+ Response and Relief Supplemental Appropriations Act, 2021 (Div. M,
645+ Pub. L. No. 116-260, reprinted in note, 20 U.S.C. Section 3401),
646+ and Section 2001, American Rescue Plan Act of 2021 (Pub. L.
647+ No. 117-2, reprinted in note, 20 U.S.C. Section 3401).
648+ (b) Before making an adjustment under Subsection (a), the
1463649 commissioner shall notify the Legislative Budget Board and the
1464- governor of the proposed increase. The increase is considered to be
1465- approved unless the Legislative Budget Board or the governor issues
1466- a written disapproval of the increase not later than the 30th day
1467- after the date on which the commissioner provides notice under this
1468- subsection.
650+ governor of the proposed adjustment. The adjustment is considered
651+ to be approved unless the Legislative Budget Board or the governor
652+ issues a written disapproval of the adjustment not later than the
653+ 30th day after the date on which the commissioner provides notice
654+ under this subsection.
1469655 (c) If the total amount of money available to the
1470- commissioner for purposes of making increases under this section
1471- for a state fiscal year is insufficient to make an increase the
656+ commissioner for purposes of making adjustments under this section
657+ for a state fiscal year is insufficient to make an adjustment the
1472658 commissioner determines necessary under Subsection (a), the
1473659 commissioner shall submit to the legislature an estimate of the
1474- amount of funding needed to make the increase for that state fiscal
1475- year.
660+ amount of funding needed to make the adjustment for that state
661+ fiscal year.
1476662 (d) This section expires September 1, 2025.
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
1478726 to read as follows:
1479727 (b) The agency shall enter into a memorandum of
1480728 understanding with the commission for the agency to transfer funds
1481729 to the commission [funds specifically appropriated to the agency]
1482730 for the commission to provide to an individual who is 21 years of
1483731 age or older a subsidy in an amount equal to the cost of taking one
1484732 high school equivalency examination administered under Section
1485733 7.111.
1486- SECTION 41. Subchapter G, Chapter 48, Education Code, is
734+ SECTION 27. Subchapter G, Chapter 48, Education Code, is
1487735 amended by adding Section 48.303 to read as follows:
1488736 Sec. 48.303. ADDITIONAL STATE AID FOR REGIONAL EDUCATION
1489737 SERVICE CENTER STAFF SALARY INCREASES. (a) A regional education
1490738 service center is entitled to state aid in an amount equal to the
1491739 sum of:
1492740 (1) the product of $500 multiplied by the number of
1493741 full-time center employees, other than administrators or classroom
1494742 teachers, full-time librarians, full-time school counselors
1495743 certified under Subchapter B, Chapter 21, or full-time school
1496744 nurses; and
1497745 (2) the product of $250 multiplied by the number of
1498746 part-time center employees, other than administrators or teachers,
1499747 librarians, school counselors certified under Subchapter B,
1500748 Chapter 21, or school nurses.
1501749 (b) A determination by the commissioner under Subsection
1502750 (a) is final and may not be appealed.
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
1562752 amended by adding Section 49.0041 to read as follows:
1563753 Sec. 49.0041. LOCAL REVENUE LEVEL IN EXCESS OF ENTITLEMENT
1564754 AFTER REVIEW NOTIFICATION. If the commissioner determines that a
1565755 school district has a local revenue level in excess of entitlement
1566756 after the date the commissioner sends notification for the school
1567757 year under Section 49.004(a), the commissioner shall include the
1568758 amount of the district's local revenue level that exceeded the
1569759 level established under Section 48.257 for that school year in the
1570760 annual review for the following school year of the district's local
1571761 revenue levels under Section 49.004(a).
1572- SECTION 44. Section 49.054(b), Education Code, is amended
762+ SECTION 29. Section 49.054(b), Education Code, is amended
1573763 to read as follows:
1574764 (b) A consolidated [Except as provided by Subsection (c), a]
1575765 district under this subchapter [receiving incentive aid payments
1576766 under this section] is [not] entitled to incentive aid under
1577767 Subchapter G, Chapter 13.
1578- SECTION 45. Section 822.201(b), Government Code, is amended
768+ SECTION 30. Section 822.201(b), Government Code, is amended
1579769 to read as follows:
1580770 (b) "Salary and wages" as used in Subsection (a) means:
1581771 (1) normal periodic payments of money for service the
1582772 right to which accrues on a regular basis in proportion to the
1583773 service performed;
1584774 (2) amounts by which the member's salary is reduced
1585775 under a salary reduction agreement authorized by Chapter 610;
1586776 (3) amounts that would otherwise qualify as salary and
1587777 wages under Subdivision (1) but are not received directly by the
1588778 member pursuant to a good faith, voluntary written salary reduction
1589779 agreement in order to finance payments to a deferred compensation
1590780 or tax sheltered annuity program specifically authorized by state
1591781 law or to finance benefit options under a cafeteria plan qualifying
1592782 under Section 125 of the Internal Revenue Code of 1986, if:
1593783 (A) the program or benefit options are made
1594784 available to all employees of the employer; and
1595785 (B) the benefit options in the cafeteria plan are
1596786 limited to one or more options that provide deferred compensation,
1597787 group health and disability insurance, group term life insurance,
1598788 dependent care assistance programs, or group legal services plans;
1599789 (4) performance pay awarded to an employee by a school
1600790 district as part of a total compensation plan approved by the board
1601791 of trustees of the district and meeting the requirements of
1602792 Subsection (e);
1603793 (5) the benefit replacement pay a person earns under
1604794 Subchapter H, Chapter 659, except as provided by Subsection (c);
1605795 (6) stipends paid to teachers in accordance with
1606796 former Section 21.410, 21.411, 21.412, or 21.413, Education Code;
1607797 (7) amounts by which the member's salary is reduced or
1608798 that are deducted from the member's salary as authorized by
1609799 Subchapter J, Chapter 659;
1610800 (8) a merit salary increase made under Section 51.962,
1611801 Education Code;
1612802 (9) amounts received under the relevant parts of the
1613803 educator excellence awards program under Subchapter O, Chapter 21,
1614804 Education Code, or a mentoring program under Section 21.458,
1615805 Education Code, that authorize compensation for service;
1616806 (10) salary amounts designated as health care
1617807 supplementation by an employee under Subchapter D, Chapter 22,
1618808 Education Code; [and]
1619809 (11) to the extent required by Sections 3401(h) and
1620810 414(u)(12), Internal Revenue Code of 1986, differential wage
1621811 payments received by an individual from an employer on or after
1622812 January 1, 2009, while the individual is performing qualified
1623813 military service as defined by Section 414(u), Internal Revenue
1624814 Code of 1986; and
1625815 (12) increased compensation paid to a teacher by a
1626816 school district using funds received by the district under the
1627817 teacher incentive allotment under Section 48.112, Education Code.
1628- SECTION 46. Section 824.602(a), Government Code, is amended
1629- to read as follows:
1630- (a) Subject to Section 825.506, the retirement system may
1631- not, under Section 824.601, withhold a monthly benefit payment if
1632- the retiree is employed in a Texas public educational institution:
1633- (1) as a substitute only with pay not more than the
1634- daily rate of substitute pay established by the employer and, if the
1635- retiree is a disability retiree, the employment has not exceeded a
1636- total of 90 days in the school year;
1637- (2) in a position, other than as a substitute, on no
1638- more than a one-half time basis for the month;
1639- (3) in one or more positions on as much as a full-time
1640- basis, if the retiree has been separated from service with all Texas
1641- public educational institutions for at least 12 full consecutive
1642- months after the retiree's effective date of retirement; [or]
1643- (4) in a position, other than as a substitute, on no
1644- more than a one-half time basis for no more than 90 days in the
1645- school year, if the retiree is a disability retiree; or
1646- (5) as a tutor under Section 33.913, Education Code.
1647- SECTION 47. Subchapter G, Chapter 825, Government Code, is
1648- amended by adding Section 825.604 to read as follows:
1649- Sec. 825.604. INFORMATION PROVIDED TO MEMBERS. The
1650- retirement system shall regularly provide information in an
1651- electronic format to members and retirees regarding the tutoring
1652- program established under Section 33.913, Education Code, that
1653- includes:
1654- (1) general information regarding the tutoring
1655- program; and
1656- (2) a statement directing members and retirees who
1657- want to participate in the tutoring program to contact their local
1658- school districts or open-enrollment charter schools for further
1659- guidance.
1660- SECTION 48. (a) The following provisions of the Education
818+ SECTION 31. (a) The following provisions of the Education
1661819 Code are repealed:
1662820 (1) Sections 12.133(d), (d-1), and (e);
1663- (2) Sections 29.026(f) and (m);
1664- (3) Section 29.124;
1665- (4) Section 48.0051(a-1); and
1666- (5) Sections 49.054(a) and (c).
821+ (2) Section 25.038;
822+ (3) Sections 25.039(b) and (c);
823+ (4) Section 48.0051(a-1);
824+ (5) Section 48.154; and
825+ (6) Sections 49.054(a) and (c).
1667826 (b) The following provisions, which amended Section 42.006,
1668827 Education Code, are repealed:
1669828 (1) Section 2, Chapter 1036 (H.B. 548), Acts of the
1670829 86th Legislature, Regular Session, 2019; and
1671830 (2) Section 8, Chapter 1060 (H.B. 1051), Acts of the
1672831 86th Legislature, Regular Session, 2019.
1673- SECTION 49. (a) Except as provided by Subsection (b) of
1674- this section, Section 28.004, Education Code, as amended by this
1675- Act, applies beginning with the 2021-2022 school year.
1676- (b) Section 28.004(j-1), Education Code, as added by this
1677- Act, applies only to a purchase agreement entered into, amended, or
1678- renewed on or after September 1, 2021.
1679- SECTION 50. Section 45.0021, Education Code, as amended by
832+ SECTION 32. Section 45.0021, Education Code, as amended by
1680833 this Act, applies only to a tax rate adopted on or after the
1681834 effective date of this Act. A tax rate adopted before the effective
1682835 date of this Act is governed by the law in effect on the date the tax
1683836 rate was adopted, and the former law is continued in effect for that
1684837 purpose.
1685- SECTION 51. (a) Subject to Subsection (b) of this section,
1686- the changes in law made by this Act apply to a retiree of the Teacher
1687- Retirement System of Texas regardless of whether the person retired
1688- from employment before, on, or after the effective date of this Act.
1689- (b) Section 824.602(a), Government Code, as amended by this
1690- Act, applies only to the employment of a retiree of the Teacher
1691- Retirement System of Texas that occurs on or after the effective
1692- date of this Act.
1693- SECTION 52. To the extent of any conflict, this Act prevails
838+ SECTION 33. To the extent of any conflict, this Act prevails
1694839 over another Act of the 87th Legislature, Regular Session, 2021,
1695840 relating to nonsubstantive additions to and corrections in enacted
1696841 codes.
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+ * * * * *