H.B. No. 1525
AN ACT
relating to the public school finance system and public education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 8.051(d), Education Code, is amended to
read as follows:
(d) Each regional education service center shall maintain
core services for purchase by school districts and campuses. The
core services are:
(1) training and assistance in:
(A) teaching each subject area assessed under
Section 39.023; and
(B) providing instruction in personal financial
literacy as required under Section 28.0021;
(2) training and assistance in providing [a gifted and
talented program and] each program that qualifies for a funding
allotment under Section 48.102, 48.104, [or] 48.105, or 48.109;
(3) assistance specifically designed for a school
district or campus assigned an unacceptable performance rating
under Section 39.054;
(4) training and assistance to teachers,
administrators, members of district boards of trustees, and members
of site-based decision-making committees;
(5) assistance specifically designed for a school
district that is considered out of compliance with state or federal
special education requirements, based on the agency's most recent
compliance review of the district's special education programs; and
(6) assistance in complying with state laws and rules.
SECTION 2. Section 11.156, Education Code, is amended by
adding Subsections (c) and (d) to read as follows:
(c) A school district shall:
(1) accept from a parent-teacher organization or
association recognized by the district a donation designated to
fund supplemental educational staff positions at a school campus;
and
(2) spend the donation accepted under Subdivision (1)
for the designated purpose at the direction of and within the time
period specified by the school campus for which the donation was
designated.
(d) Subsection (c) and this subsection expire September 1,
2025.
SECTION 3. Section 12.106, Education Code, is amended by
adding Subsections (a-5) and (a-6) to read as follows:
(a-5) To ensure compliance with the requirements for the
maintenance of state financial support for special education under
20 U.S.C. Section 1412(a)(18), in determining the funding for an
open-enrollment charter school under Subsection (a) for the Section
48.102 allotment, the commissioner shall:
(1) if necessary, increase the amount of that
allotment to an amount equal to the amount the charter holder was
entitled to receive for the charter school under the allotment
under former Section 42.151, Education Code, for the 2018-2019
school year; and
(2) reduce the amount of the allotment the charter
holder is entitled to receive for the charter school under
Subsection (a-2) by the amount of any increase provided for the
charter school under Subdivision (1).
(a-6) Subsection (a-5) and this subsection expire September
1, 2025.
SECTION 4. Sections 12.133(b), (b-1), and (c), Education
Code, are amended to read as follows:
(b) Each school year, [using state funds received by the
charter holder for that purpose under Subsection (d),] a charter
holder that participated in the program under Chapter 1579,
Insurance Code, for the 2005-2006 school year shall provide
employees of the charter holder, other than administrators,
compensation in the form of annual salaries, incentives, or other
compensation determined appropriate by the charter holder that
results in an average compensation increase for classroom teachers,
full-time librarians, full-time school counselors, and full-time
school nurses who are employed by the charter holder and who would
be entitled to a minimum salary under Section 21.402 if employed by
a school district, in an amount at least equal to $2,500.
(b-1) A [Using state funds received by the charter holder
for that purpose under Subsection (d-1), a] charter holder that
participated in the program under Chapter 1579, Insurance Code, for
the 2005-2006 school year shall provide employees of the charter
holder, other than administrators, compensation in the form of
annual salaries, incentives, or other compensation determined
appropriate by the charter holder that results in average
compensation increases as follows:
(1) for full-time employees other than employees who
would be entitled to a minimum salary under Section 21.402 if
employed by a school district, an average increase at least equal to
$500; and
(2) for part-time employees, an average increase at
least equal to $250.
(c) Each school year, [using state funds received by the
charter holder for that purpose under Subsection (e),] a charter
holder that did not participate in the program under Chapter 1579,
Insurance Code, for the 2005-2006 school year shall provide
employees of the charter holder, other than administrators,
compensation in the form of annual salaries, incentives, or other
compensation determined appropriate by the charter holder that
results in an average compensation increase for classroom teachers,
full-time librarians, full-time school counselors, and full-time
school nurses who are employed by the charter holder and who would
be entitled to a minimum salary under Section 21.402 if employed by
a school district, in an amount at least equal to $2,000.
SECTION 5. Section 21.3521(a), Education Code, is amended
to read as follows:
(a) Subject to Subsection (b), a school district or
open-enrollment charter school may designate a [certified]
classroom teacher as a master, exemplary, or recognized teacher for
a five-year period based on the results from single year or
multiyear appraisals that comply with Section 21.351 or 21.352.
SECTION 6. Section 22.092(d), Education Code, is amended to
read as follows:
(d) The agency shall provide [private schools and public
schools] equivalent access to the registry maintained under this
section to:
(1) private schools;
(2) public schools; and
(3) nonprofit teacher organizations approved by the
commissioner for the purpose of participating in the tutoring
program established under Section 33.913.
SECTION 7. Section 28.004, Education Code, is amended by
amending Subsections (d-1), (h), (i), (i-1), and (j) and adding
Subsections (d-2), (e-1), (e-2), (e-3), (i-2), (i-3), (j-1), and
(p) to read as follows:
(d-1) The local school health advisory council shall meet at
least four times each year. For each meeting, the council shall:
(1) at least 72 hours before the meeting:
(A) post notice of the date, hour, place, and
subject of the meeting on a bulletin board in the central
administrative office of each campus in the school district; and
(B) ensure that the notice required under
Paragraph (A) is posted on the district's Internet website, if the
district has an Internet website;
(2) prepare and maintain minutes of the meeting that
state the subject and content of each deliberation and each vote,
order, decision, or other action taken by the council during the
meeting;
(3) make an audio or video recording of the meeting;
and
(4) not later than the 10th day after the meeting,
submit the minutes and audio or video recording of the meeting to
the district.
(d-2) As soon as practicable after receipt of the minutes
and audio or video recording under Subsection (d-1)(4), the school
district shall post the minutes and audio or video recording on the
district's Internet website, if the district has an Internet
website.
(e-1) The board of trustees shall adopt a policy
establishing a process for the adoption of curriculum materials for
the school district's human sexuality instruction. The policy must
require:
(1) the board to adopt a resolution convening the
local school health advisory council for the purpose of making
recommendations regarding the curriculum materials;
(2) the local school health advisory council to:
(A) after the board's adoption of the resolution
under Subdivision (1), hold at least two public meetings on the
curriculum materials before adopting recommendations; and
(B) provide the recommendations adopted under
Paragraph (A) to the board at a public meeting of the board; and
(3) the board, after receipt of the local school
health advisory council's recommendations under Subdivision (2),
to take action on the adoption of the recommendations by a record
vote at a public meeting.
(e-2) Curriculum materials proposed to be adopted for the
school district's human sexuality instruction must be made
available as provided by Subsection (j)(1) or (2)(A) or (C), as
applicable.
(e-3) Before adopting curriculum materials for the school
district's human sexuality instruction, the board of trustees shall
ensure that the curriculum materials are:
(1) based on the advice of the local school health
advisory council;
(2) suitable for the subject and grade level for which
the curriculum materials are intended; and
(3) reviewed by academic experts in the subject and
grade level for which the curriculum materials are intended.
(h) The board of trustees shall determine the specific
content of the district's instruction in human sexuality, in
accordance with this section [Subsections (e), (f), and (g)].
(i) Before each school year, a school district shall provide
written notice to a parent of each student enrolled in the district
of the board of trustees' decision regarding whether the district
will provide human sexuality instruction to district students. If
instruction will be provided, the notice must include:
(1) a [summary of the basic content of the district's
human sexuality instruction to be provided to the student,
including a] statement informing the parent of the human sexuality
instruction [instructional] requirements under state law;
(2) a detailed description of the content of the
district's human sexuality instruction and a general schedule on
which the instruction will be provided;
(3) a statement of the parent's right to:
(A) at the parent's discretion, review or
purchase a copy of curriculum materials as provided by Subsection
(j); [and]
(B) remove the student from any part of the
district's human sexuality instruction without subjecting the
student to any disciplinary action, academic penalty, or other
sanction imposed by the district or the student's school; and
(C) use the grievance procedure as provided by
Subsection (i-1) or the appeals process under Section 7.057
concerning a complaint of a violation of this section;
(4) a statement that any curriculum materials in the
public domain used for the district's human sexuality instruction
must be posted on the district's Internet website, if the district
has an Internet website, and the Internet website address at which
the curriculum materials are located; and
(5) [(3)] information describing the opportunities
for parental involvement in the development of the curriculum to be
used in human sexuality instruction, including information
regarding the local school health advisory council established
under Subsection (a).
(i-1) A parent may use the grievance procedure adopted under
Section 26.011 concerning a complaint of a violation of this
section [Subsection (i)].
(i-2) Before a student may be provided with human sexuality
instruction, a school district must obtain the written consent of
the student's parent. A request for written consent under this
subsection:
(1) may not be included with any other notification or
request for written consent provided to the parent, other than the
notice provided under Subsection (i); and
(2) must be provided to the parent not later than the
14th day before the date on which the human sexuality instruction
begins.
(i-3) Subsection (i-2) and this subsection expire August 1,
2024.
(j) A school district shall make all curriculum materials
used in the district's human sexuality instruction available by:
(1) for curriculum materials in the public domain:
(A) providing a copy of the curriculum materials
by mail or e-mail to a parent of a student enrolled in the district
on the parent's request; and
(B) posting the curriculum materials on the
district's Internet website, if the district has an Internet
website; and
(2) for copyrighted curriculum materials, allowing a
parent of a student enrolled in the district to:
(A) review the curriculum materials at the
student's campus at any time during regular business hours;
(B) purchase a copy of the curriculum materials
from the publisher as provided by the district's purchase agreement
for the curriculum materials under Subsection (j-1); or
(C) review the curriculum materials online
through a secure electronic account in a manner that prevents the
curriculum materials from being copied and that otherwise complies
with copyright law [for reasonable public inspection].
(j-1) If a school district purchases from a publisher
copyrighted curriculum materials for use in the district's human
sexuality instruction, the district shall ensure that the purchase
agreement provides for a means by which a parent of a student
enrolled in the district may purchase a copy of the curriculum
materials from the publisher at a price that does not exceed the
price per unit paid by the district for the curriculum materials.
(p) In this section:
(1) "Curriculum materials" includes the curriculum,
teacher training materials, and any other materials used in
providing instruction.
(2) "Human sexuality instruction," "instruction in
human sexuality," and "instruction relating to human sexuality"
include instruction in reproductive health.
SECTION 8. Section 28.0062(a), Education Code, is amended
to read as follows:
(a) Each school district and open-enrollment charter school
shall:
(1) provide for the use of a phonics curriculum that
uses systematic direct instruction in kindergarten through third
grade to ensure all students obtain necessary early literacy
skills;
(2) ensure that:
(A) not later than the 2022-2023 [2021-2022]
school year, each classroom teacher in kindergarten or first,
second, or third grade and each principal at a campus with
kindergarten or first, second, or third grade has attended a
teacher literacy achievement academy developed under Section
21.4552; and
(B) each classroom teacher and each principal
initially employed in a grade level or at a campus described by
Paragraph (A) for the 2022-2023 [2021-2022] school year or a
subsequent school year has attended a teacher literacy achievement
academy developed under Section 21.4552 by the end of [before] the
teacher's or principal's first year of placement in that grade level
or campus; and
(3) certify to the agency that the district or school:
(A) prioritizes placement of highly effective
teachers in kindergarten through second grade; and
(B) has integrated reading instruments used to
diagnose reading development and comprehension to support each
student in prekindergarten through third grade.
SECTION 9. Section 29.026, Education Code, is amended by
amending Subsections (c), (h), (k), and (o) and adding Subsection
(l-1) to read as follows:
(c) A program is eligible for a grant under this section if
the program:
(1) [the program operates as an independent campus or
a separate program from the campus in which the program is located,
with a separate budget;
[(2) the program] incorporates:
(A) evidence-based and research-based design;
(B) the use of empirical data on student
achievement and improvement;
(C) parental support and collaboration;
(D) the use of technology;
(E) meaningful inclusion; and
(F) the ability to replicate the program for
students statewide; and
(2) [(3) the program] gives priority for enrollment
to students with autism[;
[(4) the program limits enrollment and services to
students who are:
[(A) at least three years of age; and
[(B) younger than nine years of age or are
enrolled in the third grade or a lower grade level; and
[(5) the program allows a student who turns nine years
of age or older during a school year to remain in the program until
the end of that school year].
(h) [The commissioner shall award grants to fund not more
than 10 programs that meet the eligibility criteria under
Subsection (c).] In selecting programs to receive a grant under
this section, the commissioner shall prioritize programs that are
collaborations between multiple school districts, multiple charter
schools, or school districts and charter schools. The selected
programs must reflect the diversity of this state.
(k) The commissioner shall use [set aside an amount not to
exceed $20 million from the total amount of] funds appropriated or
otherwise available [for the 2018-2019 fiscal biennium] to fund
grants under this section. [The commissioner shall use $10 million
for the purposes of this section for each school year in the state
fiscal biennium. A grant recipient may not receive more than $1
million for the 2018-2019 fiscal biennium. The commissioner shall
reduce each district's and charter school's allotment
proportionally to account for funds allocated under this section.]
(l-1) A regional education service center may administer
grants awarded under this section.
(o) This section expires September 1, 2023 [2021].
SECTION 10. Section 29.027, Education Code, is amended to
read as follows:
Sec. 29.027. GRANT PROGRAM PROVIDING TRAINING IN [SERVICES
TO STUDENTS WITH] DYSLEXIA FOR TEACHERS AND STAFF. (a) The
commissioner shall establish a program to award grants to school
districts and open-enrollment charter schools to increase local
capacity to appropriately serve [that provide innovative services
to] students with dyslexia.
(b) A school district, including a school district acting
through a district charter issued under Subchapter C, Chapter 12,
or [and] an open-enrollment charter school, including a charter
school that primarily serves students with disabilities, as
provided under Section 12.1014, is eligible to [may] apply for a
grant under this section[.
[(c) A program is eligible for a grant under this section]
if the district or school submits to the commissioner a proposal on
the use of grant funds that:
(1) [the program operates as an independent campus or
a separate program from the campus in which the program is located,
with a separate budget;
[(2) the program] incorporates[:
[(A)] evidence-based and research-based design;
and
(2) increases local capacity to appropriately serve
students with dyslexia by providing:
(A) high-quality training to classroom teachers
and administrators in meeting the needs of students with dyslexia;
or
(B) training to intervention staff resulting in
appropriate credentialing related to dyslexia [the use of empirical
data on student achievement and improvement;
[(C) parental support and collaboration;
[(D) the use of technology;
[(E) meaningful inclusion; and
[(F) the ability to replicate the program for
students statewide;
[(3) the program gives priority for enrollment to
students with dyslexia;
[(4) the program limits enrollment and services to
students who are:
[(A) at least three years of age; and
[(B) younger than nine years of age or are
enrolled in the third grade or a lower grade level; and
[(5) the program allows a student who turns nine years
of age or older during a school year to remain in the program until
the end of that school year].
(c) [(d) A school district or open-enrollment charter
school may not:
[(1) charge a fee for the program, other than those
authorized by law for students in public schools;
[(2) require a parent to enroll a child in the program;
[(3) allow an admission, review, and dismissal
committee to place a student in the program without the written
consent of the student's parent or guardian; or
[(4) continue the placement of a student in the
program after the student's parent or guardian revokes consent, in
writing, to the student's placement in the program.
[(e) A program under this section may:
[(1) alter the length of the school day or school year
or the number of minutes of instruction received by students;
[(2) coordinate services with private or
community-based providers;
[(3) allow the enrollment of students without
disabilities or with other disabilities, if approved by the
commissioner; and
[(4) adopt staff qualifications and staff to student
ratios that differ from the applicable requirements of this title.
[(f) The commissioner shall adopt rules creating an
application and selection process for grants awarded under this
section.
[(g)] The commissioner shall create an external panel of
stakeholders, including parents of students with disabilities, to
provide assistance in the selection of applications for the award
of grants under this section.
(d) [(h) The commissioner shall award grants to fund not
more than 10 programs that meet the eligibility criteria under
Subsection (c). In selecting programs, the commissioner shall
prioritize programs that are collaborations between multiple
school districts, multiple charter schools, or school districts and
charter schools. The selected programs must reflect the diversity
of this state.
[(i)] The commissioner shall select grant recipients
[programs] and award grant funds [to those programs] beginning in
the 2021-2022 [2018-2019] school year. The grants [selected
programs] are to be awarded [funded] for two years.
(e) [(j)] A grant awarded to a school district or
open-enrollment charter school under this section is in addition to
the Foundation School Program funds that the district or charter
school is otherwise entitled to receive. A grant awarded under this
section may not come out of Foundation School Program funds.
(f) [(k)] The commissioner shall use [set aside an amount
not to exceed $20 million from the total amount of] funds
appropriated or otherwise available [for the 2018-2019 fiscal
biennium] to fund grants under this section. [The commissioner
shall use $10 million for the purposes of this section for each
school year in the state fiscal biennium. A grant recipient may not
receive more than $1 million for the 2018-2019 fiscal biennium. The
commissioner shall reduce each district's and charter school's
allotment proportionally to account for funds allocated under this
section.]
(g) [(l)] The commissioner and any grant recipient
[program] selected under this section may accept gifts, grants, and
donations from any public or private source, person, or group to
implement and administer the grant [program]. The commissioner and
any grant recipient [program] selected under this section may not
require any financial contribution from parents to implement and
administer the grant [program].
(h) A regional education service center may administer
grants awarded under this section.
(i) [(m) The commissioner may consider a student with
dyslexia who is enrolled in a program funded under this section as
funded in a mainstream placement, regardless of the amount of time
the student receives services in a regular classroom setting.
[(n) Not later than December 31, 2020, the commissioner
shall publish a report on the grant program established under this
section. The report must include:
[(1) recommendations for statutory or funding changes
necessary to implement successful innovations in the education of
students with dyslexia; and
[(2) data on the academic and functional achievements
of students enrolled in a program that received a grant under this
section.
[(o)] This section expires September 1, 2023 [2021].
SECTION 11. Section 29.153(d-1), Education Code, is amended
to read as follows:
(d-1) A district may not receive an exemption under
Subsection (d) unless the district has solicited [and considered at
a public meeting] proposals for partnerships with public or private
entities regarding prekindergarten classes required under this
section in accordance with guidance provided by the agency
regarding soliciting partnerships and considered submitted
proposals at a public meeting. A decision of the board of trustees
regarding a partnership described by this subsection is final.
SECTION 12. Subchapter Z, Chapter 29, Education Code, is
amended by adding Sections 29.929, 29.930, 29.931, 29.932, 29.933,
and 29.934 to read as follows:
Sec. 29.929. PROGRAMS TO ENSURE ONE-TIME INTENSIVE
EDUCATIONAL SUPPORTS FOR OVERCOMING COVID-19 PANDEMIC IMPACT. (a)
From state discretionary funds under Section 313(e), Coronavirus
Response and Relief Supplemental Appropriations Act, 2021 (Div. M,
Pub. L. No. 116-260, reprinted in note, 20 U.S.C. Section 3401) and
Section 2001(f), American Rescue Plan Act of 2021 (Pub. L.
No. 117-2, reprinted in note, 20 U.S.C. Section 3401) and other
funds appropriated, the agency shall establish programs that assist
school districts and open-enrollment charter schools in
implementing intensive supports to ensure students perform at grade
level and graduate demonstrating college, career, or military
readiness. Programs established under this section must include:
(1) expanding learning options for:
(A) Pathways in Technology Early College High
School (P-TECH) programs in participating school districts under
Subchapter N, Chapter 29;
(B) the Texas Regional Pathways Network; and
(C) the Jobs and Education for Texans (JET) Grant
Program under Chapter 134;
(2) supplemental instructional supports, including
tutoring; and
(3) COVID-19 learning acceleration supports,
including:
(A) innovation in curriculum and instruction;
(B) diagnosing student mastery;
(C) extended instructional time; and
(D) supports for teachers.
(b) The agency may take actions as necessary in implementing
intensive supports under Subsection (a), including providing
grants to school districts, open-enrollment charter schools, and
regional education service centers.
Sec. 29.930. USE OF ONE-TIME FEDERAL DISCRETIONARY COVID-19
FUNDING TO ENSURE GRADE LEVEL SUPPORT AND REIMBURSEMENTS. (a) To
ensure additional resources to pay for unreimbursed costs due to
the coronavirus disease (COVID-19) pandemic and for intensive
educational supports for students not performing satisfactorily,
for each of the 2021-2022 and 2022-2023 school years, except as
provided by Subsection (c), from state discretionary funds under
Section 2001(f), American Rescue Plan Act of 2021 (Pub. L.
No. 117-2, reprinted in note, 20 U.S.C. Section 3401), the agency
shall provide to each school district and open-enrollment charter
school an allotment in an amount equal to the sum of:
(1) $208.35 for each student enrolled in the district
or charter school; and
(2) $1,290 for each student enrolled in the district
or charter school during the 2020-2021 school year multiplied by
the percentage of students at the district or charter school who are
not performing satisfactorily, as determined under Subsection (b).
(b) For purposes of Subsection (a)(2), the agency shall
determine the percentage of students not performing satisfactorily
by:
(1) dividing the number of students who did not
perform satisfactorily on an assessment instrument administered
under Section 39.023 by the total number of students who were
administered assessment instruments under Section 39.023 during
the 2018-2019 school year; and
(2) increasing the resulting number under Subdivision
(1) by:
(A) for the 2021-2022 school year, 40 percent;
and
(B) for the 2022-2023 school year, 20 percent.
(c) The agency shall reduce the amount of the allotment that
a school district or open-enrollment charter school receives under
Subsection (a) by the amount that the district or charter school
receives from the local educational agency subgrants under Section
313(c), Coronavirus Response and Relief Supplemental
Appropriations Act, 2021 (Div. M, Pub. L. No. 116-260, reprinted in
note, 20 U.S.C. Section 3401) and Section 2001(d), American Rescue
Plan Act of 2021 (Pub. L. No. 117-2, reprinted in note, 20 U.S.C.
Section 3401).
(d) If the allotment provided to a school district or
open-enrollment charter school under Subsection (a) is reduced in
accordance with Subsection (c), the agency shall provide the total
allotment amount to which the district or charter school is
entitled for the 2021-2022 and 2022-2023 school years to the
district or charter school in an equal amount each year.
(e) An allotment provided to a school district or
open-enrollment charter school under this section may not reduce
funding to which the district or charter school is otherwise
entitled.
(f) The agency may not provide allotments to school
districts and open-enrollment charter schools under this section
after the 2022-2023 school year.
(g) This section expires September 1, 2024.
Sec. 29.931. BROADBAND TECHNICAL SUPPORT FOR STUDENTS.
From appropriated state funds or other funds, including federal
funds, available for this section, the agency shall provide
technical assistance to school districts and open-enrollment
charter schools to ensure Internet access for students who have
limited or no access to the Internet.
Sec. 29.932. ONE-TIME TECHNOLOGY REIMBURSEMENT. (a) Using
state discretionary funds under Section 18003(e), Coronavirus Aid,
Relief, and Economic Security Act (Title VIII, Div. B, Pub. L.
No. 116-136, reprinted in note, 20 U.S.C. Section 3401), and
Section 313(c), Coronavirus Response and Relief Supplemental
Appropriations Act, 2021 (Div. M, Pub. L. No. 116-260, reprinted in
note, 20 U.S.C. Section 3401), the agency shall provide
reimbursement for technology acquisitions made by school districts
and open-enrollment charter schools before February 28, 2021.
(b) This section expires September 1, 2023.
Sec. 29.933. LEGISLATIVE OVERSIGHT ON COVID-19 STATE
RESPONSE. (a) At least quarterly, the agency shall update the
entities listed under Subsection (b) regarding the state response
to the coronavirus disease (COVID-19) pandemic with respect to
public education matters, including:
(1) the implementation of and distribution of funds
under the following programs:
(A) programs to ensure one-time intensive
educational supports for overcoming COVID-19 pandemic impact under
Section 29.929;
(B) the use of one-time federal discretionary
COVID-19 funding to ensure grade level support and reimbursements
under Section 29.930;
(C) broadband technical support for students
under Section 29.931; and
(D) one-time technology reimbursement under
Section 29.932; and
(2) the use of state discretionary funds under:
(A) Section 18003(e), Coronavirus Aid, Relief,
and Economic Security Act (Title VIII, Div. B, Pub. L. No. 116-136,
reprinted in note, 20 U.S.C. Section 3401); and
(B) Section 313(e), Coronavirus Response and
Relief Supplemental Appropriations Act, 2021 (Div. M, Pub. L.
No. 116-260, reprinted in note, 20 U.S.C. Section 3401).
(b) The agency shall update, in accordance with Subsection
(a), the following entities:
(1) the office of the governor;
(2) the office of the lieutenant governor;
(3) the office of the speaker of the house of
representatives;
(4) the office of the chair of the Senate Committee on
Finance;
(5) the office of the chair of the House Committee on
Appropriations;
(6) the office of the chair of the Senate Committee on
Education; and
(7) the office of the chair of the House Committee on
Public Education.
(c) This section expires September 1, 2024.
Sec. 29.934. RESOURCE CAMPUS. (a) A school district campus
that is eligible under Subsection (b) may apply to the commissioner
to be designated as a resource campus that provides quality
education and enrichment for campus students.
(b) To apply to be designated as a resource campus under
this section, the campus must have received an overall performance
rating under Section 39.054 of F for four years over a 10-year
period of time.
(c) A campus notified by the commissioner under Subsection
(f) that the campus has been designated as a resource campus
qualifies for funding as provided by Section 48.252 for each year
the campus maintains approval to operate as a resource campus
regardless of whether the campus is unacceptable or does not
qualify under Subsection (b).
(d) To be designated as a resource campus, the campus must:
(1) implement a targeted improvement plan as described
by Chapter 39A and establish a school community partnership team;
(2) adopt an accelerated campus excellence turnaround
plan as provided by Section 39A.105(b) except that a classroom
teacher who satisfies the requirements for demonstrated
instructional effectiveness under Section 39A.105(b)(3) must also
hold a current designation assigned under Section 21.3521;
(3) be in a school district that has adopted an
approved local optional teacher designation system under Section
21.3521;
(4) satisfy certain staff criteria by:
(A) requiring a principal or teacher employed at
the campus before the designation to apply for a position to
continue at the campus;
(B) employing only teachers who have at least
three years of teaching experience;
(C) employing at least one school counselor for
every 300 students; and
(D) employing at least one appropriately
licensed professional to assist with the social and emotional needs
of students and staff, who must be a:
(i) family and community liaison;
(ii) clinical social worker;
(iii) specialist in school psychology; or
(iv) professional counselor;
(5) implement a positive behavior program as provided
by Section 37.0013;
(6) implement a family engagement plan as described by
Section 29.168;
(7) develop and implement a plan to use high quality
instructional materials;
(8) if the campus is an elementary campus, operate the
campus for a school year that qualifies for funding under Section
48.0051; and
(9) annually submit to the commissioner data and
information required by the commissioner to assess fidelity of
implementation.
(e) On the request of a school district, the agency shall
assist the district in:
(1) applying for designation of a district campus as a
resource campus; and
(2) developing and implementing a plan to operate a
district campus as a resource campus.
(f) The commissioner shall notify a campus if it has been
designated as a resource campus not later than the 60th day after
the date the commissioner receives the request for the designation.
(g) A campus approved to operate as a resource campus must
annually submit to the commissioner data and information requested
by the commissioner for purposes of determining whether the campus
has met the measure of fidelity of implementation required to
maintain status as a resource campus.
(h) If a campus fails to maintain status as a resource
campus for two consecutive years, the campus is not eligible for
designation as a resource campus. A campus subject to this
subsection may reapply for designation as a resource campus if the
campus qualifies under Subsection (b).
(i) A decision by the commissioner regarding whether to
designate a campus as a resource campus is final and may not be
appealed.
(j) The commissioner may adopt rules necessary to implement
this section.
SECTION 13. Section 31.0211(c), Education Code, is amended
to read as follows:
(c) Subject to Subsection (d), funds allotted under this
section may be used to:
(1) purchase:
(A) materials on the list adopted by the
commissioner, as provided by Section 31.0231;
(B) instructional materials, regardless of
whether the instructional materials are on the list adopted under
Section 31.024;
(C) consumable instructional materials,
including workbooks;
(D) instructional materials for use in bilingual
education classes, as provided by Section 31.029;
(E) instructional materials for use in college
preparatory courses under Section 28.014, as provided by Section
31.031;
(F) supplemental instructional materials, as
provided by Section 31.035;
(G) state-developed open education resource
instructional materials, as provided by Subchapter B-1;
(H) instructional materials and technological
equipment under any continuing contracts of the district in effect
on September 1, 2011;
(I) technological equipment necessary to support
the use of materials included on the list adopted by the
commissioner under Section 31.0231 or any instructional materials
purchased with an allotment under this section; and
(J) inventory software or systems for storing,
managing, and accessing instructional materials and analyzing the
usage and effectiveness of the instructional materials; and
(2) pay:
(A) for training educational personnel directly
involved in student learning in the appropriate use of
instructional materials and for providing for access to
technological equipment for instructional use; [and]
(B) the salary and other expenses of an employee
who provides technical support for the use of technological
equipment directly involved in student learning; and
(C) for costs associated with distance learning,
including Wi-Fi, Internet access hotspots, wireless network
service, broadband service, and other services and technological
equipment necessary to facilitate Internet access.
SECTION 14. Section 32.155, Education Code, is amended to
read as follows:
Sec. 32.155. PROTECTION OF COVERED INFORMATION. (a) An
operator must implement and maintain reasonable security
procedures and practices designed to protect any covered
information from unauthorized access, deletion, use, modification,
or disclosure.
(b) Any operator that has been approved by the agency or had
a product adopted by the agency and possesses any covered
information must use the unique identifier established by the Texas
Student Data System (TSDS) or a successor data management system
maintained by the agency for any account creation, data upload,
data transmission, analysis, or reporting to mask all personally
identifiable student information. The operator shall adhere to a
state-required student data sharing agreement that includes an
established unique identifier standard for all operators as
prescribed by the agency.
(c) In addition to including the unique identifier in
releasing information as provided by Subsection (b), an operator
may include any other data field identified by the agency or by a
school district, open-enrollment charter school, regional
education service center, or other local education agency as
necessary for the information being released to be useful.
(d) A school district, open-enrollment charter school,
regional education service center, or other local education agency
may include additional data fields in an agreement with an operator
or the amendment of an agreement with an operator under this
section. An operator may agree to include the additional data
fields requested by a school district, open-enrollment charter
school, regional education service center, or other local education
agency but may not require that additional data fields be included.
(e) A school district, open-enrollment charter school,
regional education service center, or other local education agency
may require an operator that contracts directly with the entity to
adhere to a state-required student data sharing agreement that
includes the use of an established unique identifier standard for
all operators as prescribed by the agency.
(f) A national assessment provider who receives covered
information from a student or from a school district or campus on
behalf of a student is not required to comply with Subsection (b) or
(e) if the provider receives the covered information solely to
provide access to:
(1) employment, educational scholarships, financial
aid, or postsecondary educational opportunities; or
(2) educational resources for middle school, junior
high school, or high school students.
(g) The commissioner may adopt rules as necessary to
administer this section.
SECTION 15. Subchapter Z, Chapter 33, Education Code, is
amended by adding Section 33.913 to read as follows:
Sec. 33.913. TUTORING PROGRAM. (a) A member of a nonprofit
teacher organization or a person who is not a member but meets the
requirements under Subsection (b) may participate in a tutoring
program in accordance with this section to provide supplemental
instruction to students in kindergarten through grade 12 on an
individualized or small-group basis.
(b) To participate in the program as a tutor, a person must:
(1) be an active or retired teacher;
(2) apply for the position in a manner specified by the
nonprofit organization;
(3) designate in the application whether the person
plans to provide tutoring:
(A) for compensation, on a volunteer basis, or
both; and
(B) in person, online, or both; and
(4) not be included in the registry of persons not
eligible for employment by a public school under Section 22.092.
(c) The superintendent or chief executive officer of each
school district or open-enrollment charter school or the person
designated by the superintendent or chief executive officer shall:
(1) oversee the tutoring program within the district
or school; and
(2) not later than the last day of each semester,
submit a report to the board of trustees of the district or the
governing body of the school that includes, with respect to that
semester:
(A) the number of active or retired teachers who
contacted the district or school to offer tutoring services to
students in the district or school; and
(B) the number of active or retired teachers who
were used by the district or school as a tutor on a volunteer basis
or employed by the district or school to provide tutoring services
for compensation.
(d) A school district or open-enrollment charter school may
use any available local, state, or federal funds to provide
compensation to a person participating in the program as a tutor who
is providing tutoring for compensation under the program.
(e) If an active or retired teacher who has been approved
for participation in the tutoring program contacts a school
district or open-enrollment charter school to provide tutoring to
students in the district or school and the district or school needs
tutoring assistance, the district or school may:
(1) if the teacher is providing tutoring services on a
volunteer basis, use the volunteer tutoring services provided by
the teacher; or
(2) if the district or school has local, state, or
federal funds for purposes of the tutoring program and the teacher
is providing tutoring services for compensation, employ the teacher
as a tutor.
(f) At least quarterly, each nonprofit organization
participating in the tutoring program shall provide to the
organization's members:
(1) a description of the tutoring program and guidance
on how to participate in the program; and
(2) the contact information of each person described
by Subsection (c) for the school district in which the member
resides, any open-enrollment charter schools located within that
district, and any adjacent districts.
(g) This section does not create a cause of action or
liability or an obligation or duty that provides a basis for a cause
of action or liability against a nonprofit teacher organization
approved by the commissioner for the purpose of participating in
the tutoring program for any action taken by a member of the
organization participating in the program as a tutor.
SECTION 16. Section 37.108(b-1), Education Code, is amended
to read as follows:
(b-1) In a school district's safety and security audit
required under Subsection (b), the district must certify that the
district used the funds provided to the district through the school
safety allotment under Section 48.115 [42.168] only for the
purposes provided by that section.
SECTION 17. Section 39.0261, Education Code, is amended by
adding Subsection (a-1) and amending Subsection (b) to read as
follows:
(a-1) Notwithstanding Subsection (a)(3), the commissioner
by rule may allow a student to take at state cost an assessment
instrument described by that subdivision if circumstances existed
that prevented the student from taking the assessment instrument
before the student graduated from high school.
(b) The agency shall:
(1) select and approve vendors of the specific
assessment instruments administered under this section and
negotiate with each approved vendor a price for each assessment
instrument; and
(2) provide reimbursement to a school district in the
amount negotiated under Subdivision (1) for [all fees associated
with] the administration of the assessment instrument from funds
appropriated for that purpose.
SECTION 18. Section 39.053(g-4), Education Code, is amended
to read as follows:
(g-4) For purposes of the computation of dropout and
completion rates such as high school graduation rates under
Subsection (c)(1)(B)(ix), the commissioner shall exclude a student
who was reported as having dropped out of school under Section
48.009(b-4) [42.006(a-9)], and the student may not be considered to
have dropped out from the school district or campus in which the
student was last enrolled.
SECTION 19. Subchapter D, Chapter 39, Education Code, is
amended by adding Section 39.087 to read as follows:
Sec. 39.087. COVID-19 ADJUSTMENT FOR FINANCIAL
ACCOUNTABILITY. (a) The commissioner shall adjust the financial
accountability rating system under Section 39.082 to account for
the impact of financial practices necessary as a response to the
coronavirus disease (COVID-19) pandemic, including adjustments
required to account for federal funding and funding adjustments
under Subchapter F, Chapter 48.
(b) This section expires September 1, 2023.
SECTION 20. Section 45.0021, Education Code, is amended by
amending Subsection (a) and adding Subsections (c), (d), (e), and
(f) to read as follows:
(a) A school district may not levy [increase the rate of]
the district's maintenance taxes described by Section 45.002 at a
rate intended to create a surplus in maintenance tax revenue for the
purpose of paying the district's debt service.
(c) The agency shall:
(1) develop a method to identify school districts that
may have adopted a maintenance tax rate in violation of Subsection
(a), which must include a review of data over multiple years;
(2) for each school district identified under the
method developed under Subdivision (1), investigate as necessary to
determine whether the district has adopted a maintenance tax rate
in violation of Subsection (a);
(3) if the agency determines that a school district
has adopted a maintenance tax rate in violation of Subsection (a):
(A) order the district to comply with Subsection
(a) not later than three years after the date of the order; and
(B) assist the district in developing a
corrective action plan that, to the extent feasible, does not
result in a net increase in the district's total tax rate; and
(4) post on the agency's Internet website a list of
each school district the agency has determined to have adopted a
maintenance tax rate in violation of Subsection (a).
(d) The implementation of a corrective action plan under
Subsection (c)(3)(B) does not prohibit a school district from
increasing the district's total tax rate as necessary to achieve
other legal purposes.
(e) If a school district fails to take action under a
corrective action plan developed under Subsection (c)(3)(B), the
commissioner may reduce the district's entitlement under Chapter 48
by an amount equal to the difference between:
(1) the amount of state and local funding the district
received as a result of adopting a maintenance tax rate in violation
of Subsection (a); and
(2) the amount of state and local funding the district
would have received if the district had not adopted a maintenance
tax rate in violation of Subsection (a).
(f) This section does not prohibit a school district from:
(1) using a surplus in maintenance tax revenue to pay
the district's debt service if:
(A) the district's interest and sinking fund tax
revenue is insufficient to pay the district's debt service due to
circumstances beyond the district's control; and
(B) the use of the surplus maintenance tax
revenue to pay the district's debt service is necessary to prevent a
default on the district's debt;
(2) paying a portion of the district's maintenance tax
revenue into the tax increment fund for a reinvestment zone under
Chapter 311, Tax Code; or
(3) using money disbursed from the tax increment fund
for a reinvestment zone under Chapter 311, Tax Code, in accordance
with the agreement entered into by the district with the governing
body of the municipality or county that designated the zone under
Section 311.013(f) of that code.
SECTION 21. Section 48.005(d), Education Code, is amended
to read as follows:
(d) The commissioner may adjust the average daily
attendance of a school district in which a disaster, flood, extreme
weather condition, fuel curtailment, or other calamity has a
significant effect on the district's attendance. In addition to
providing the adjustment for the amount of instructional days
during the semester in which the calamity first occurred, an
adjustment under this section may only be provided based on a
particular calamity for an additional amount of instructional days
equivalent to one school year. The commissioner may divide the
adjustment between two consecutive school years.
SECTION 22. Section 48.009, Education Code, is amended by
amending Subsection (b) and adding Subsection (b-4) to read as
follows:
(b) The commissioner by rule shall require each school
district and open-enrollment charter school to report through the
Public Education Information Management System information
regarding:
(1) the number of students enrolled in the district or
school who are identified as having dyslexia;
(2) the availability of school counselors, including
the number of full-time equivalent school counselors, at each
campus;
(3) the availability of expanded learning
opportunities as described by Section 33.252 at each campus;
(4) the total number of students, other than students
described by Subdivision (5), enrolled in the district or school
with whom the district or school, as applicable, used intervention
strategies, as that term is defined by Section 26.004, at any time
during the year for which the report is made; [and]
(5) the total number of students enrolled in the
district or school to whom the district or school provided aids,
accommodations, or services under Section 504, Rehabilitation Act
of 1973 (29 U.S.C. Section 794), at any time during the year for
which the report is made;
(6) disaggregated by campus and grade, the number of:
(A) children who are required to attend school
under Section 25.085, are not exempted under Section 25.086, and
fail to attend school without excuse for 10 or more days or parts of
days within a six-month period in the same school year;
(B) students for whom the district initiates a
truancy prevention measure under Section 25.0915(a-4); and
(C) parents of students against whom an
attendance officer or other appropriate school official has filed a
complaint under Section 25.093; and
(7) the number of students who are enrolled in a high
school equivalency program, a dropout recovery school, or an adult
education program provided under a high school diploma and industry
certification charter school program provided by the district or
school and who:
(A) are at least 18 years of age and under 26
years of age;
(B) have not previously been reported to the
agency as dropouts; and
(C) enroll in the program at the district or
school after not attending school for a period of at least nine
months.
(b-4) A student reported under Subsection (b)(7) as having
enrolled in a high school equivalency program, a dropout recovery
school, or an adult education program provided under a high school
diploma and industry certification charter school program must be
reported through the Public Education Information Management
System as having previously dropped out of school.
SECTION 23. Section 48.051, Education Code, is amended by
adding Subsections (c-1) and (c-2) to read as follows:
(c-1) A school district employee who received a salary
increase under Subsection (c) from a school district for the
2019-2020 school year is, as long as the employee remains employed
by the same district and the district is receiving at least the same
amount of funding as the amount of funding the district received for
the 2019-2020 school year, entitled to salary that is at least equal
to the salary the employee received for the 2019-2020 school year.
This subsection does not apply if the board of trustees of the
school district at which the employee is employed:
(1) complies with Sections 21.4021, 21.4022, and
21.4032 in reducing the employee's salary; and
(2) has adopted a resolution declaring a financial
exigency for the district under Section 44.011.
(c-2) A reduction in the salary of a school district
employee described by Subsection (c-1) is subject to the rights
granted to the employee under this code.
SECTION 24. Section 48.104, Education Code, is amended by
adding Subsection (e-1) and amending Subsections (j-1) and (k) to
read as follows:
(e-1) For each student who is a homeless child or youth as
defined by 42 U.S.C. Section 11434a, a school district is entitled
to an annual allotment equal to the basic allotment multiplied by
the highest weight provided under Subsection (d).
(j-1) In addition to other purposes for which funds
allocated under this section may be used, those funds may also be
used to:
(1) provide child-care services or assistance with
child-care expenses for students at risk of dropping out of school,
as described by Section 29.081(d)(5); [or]
(2) pay the costs associated with services provided
through a life skills program in accordance with Sections
29.085(b)(1) and (3)-(7);
(3) pay costs for services provided by an
instructional coach to raise student achievement at a campus in
which educationally disadvantaged students are enrolled; or
(4) pay expenses related to reducing the dropout rate
and increasing the rate of high school completion, including
expenses related to:
(A) duties performed by attendance officers to
support educationally disadvantaged students; and
(B) programs that build skills related to
managing emotions, establishing and maintaining positive
relationships, and making responsible decisions.
(k) At least 55 percent of the funds allocated under this
section must be used to:
(1) fund supplemental programs and services,
including services provided by an instructional coach, designed to
eliminate any disparity in performance on assessment instruments
administered under Subchapter B, Chapter 39, or disparity in the
rates of high school completion between:
(A) students who are educationally disadvantaged
and students who are not educationally disadvantaged; and
(B) students at risk of dropping out of school,
as defined by Section 29.081, and all other students; or
(2) support a program eligible under Title I of the
Elementary and Secondary Education Act of 1965, as provided by Pub.
L. No. 103-382 and its subsequent amendments, and by federal
regulations implementing that Act.
SECTION 25. Section 48.106, Education Code, is amended by
amending Subsection (a) and adding Subsections (a-1) and (d) to
read as follows:
(a) For each full-time equivalent student in average daily
attendance in an approved career and technology education program
in grades 7 through 12, a district is entitled to[:
[(1)] an annual allotment equal to the basic
allotment, or, if applicable, the sum of the basic allotment and the
allotment under Section 48.101 to which the district is entitled,
multiplied by:
(1) 1.1 for a full-time equivalent student in career
and technology education courses not in an approved program of
study;
(2) 1.28 for a full-time equivalent student in levels
one and two career and technology education courses in an approved
program of study, as identified by the agency [a weight of 1.35];
and
(3) 1.47 for a full-time equivalent student in levels
three and four career and technology education courses in an
approved program of study, as identified by the agency.
(a-1) In addition to the amounts under Subsection (a), for
each student in average daily attendance, a district is entitled to
[(2)] $50 for each of the following in which the
student is enrolled:
(1) [(A) two or more advanced career and technology
education classes for a total of three or more credits;
[(B)] a campus designated as a P-TECH school
under Section 29.556; or
(2) [(C)] a campus that is a member of the New Tech
Network and that focuses on project-based learning and work-based
education.
(d) The agency shall annually publish a list of career and
technology courses that qualify for an allotment under Subsection
(a), disaggregated by the weight for which the course qualifies.
SECTION 26. Section 48.106(b), Education Code, is amended
by amending Subdivision (1) and adding Subdivision (1-a) to read as
follows:
(1) "Approved [Career and technology education class"
and "]career and technology education program":
(A) means a sequence of career and technology
education courses, including [include] technology applications
courses, authorized by the State Board of Education; and
(B) includes only courses that qualify for high
school credit.
(1-a) "Approved program of study" means a course
sequence that:
(A) provides students with the knowledge and
skills necessary for success in the students' chosen careers; and
(B) is approved by the agency for purposes of the
Strengthening Career and Technical Education for the 21st Century
Act (Pub. L. No. 115-224).
SECTION 27. Subchapter C, Chapter 48, Education Code, is
amended by adding Section 48.109 to read as follows:
Sec. 48.109. GIFTED AND TALENTED STUDENT ALLOTMENT. (a)
For each identified student a school district serves in a program
for gifted and talented students that the district certifies to the
commissioner as complying with Subchapter D, Chapter 29, a district
is entitled to an annual allotment equal to the basic allotment
multiplied by 0.07 for each school year or a greater amount provided
by appropriation.
(b) Funds allocated under this section, other than the
amount that represents the program's share of general
administrative costs, must be used in providing programs for gifted
and talented students under Subchapter D, Chapter 29, including
programs sanctioned by International Baccalaureate and Advanced
Placement, or in developing programs for gifted and talented
students. Each district must account for the expenditure of state
funds as provided by rule of the State Board of Education. If by the
end of the 12th month after receiving an allotment for developing a
program a district has failed to implement a program, the district
must refund the amount of the allotment to the agency within 30
days.
(c) Not more than five percent of a district's students in
average daily attendance are eligible for funding under this
section.
(d) If the amount of state funds for which school districts
are eligible under this section exceeds the amount of state funds
appropriated in any year for the programs, the commissioner shall
reduce each district's tier one allotments in the same manner
described for a reduction in allotments under Section 48.266.
(e) If the total amount of funds allotted under this section
before a date set by rule of the State Board of Education is less
than the total amount appropriated for a school year, the
commissioner shall transfer the remainder to any program for which
an allotment under Section 48.104 may be used.
(f) After each district has received allotted funds for this
program, the State Board of Education may use up to $500,000 of the
funds allocated under this section for programs such as MATHCOUNTS,
Future Problem Solving, Odyssey of the Mind, and Academic
Decathlon, as long as these funds are used to train personnel and
provide program services. To be eligible for funding under this
subsection, a program must be determined by the State Board of
Education to provide services that are effective and consistent
with the state plan for gifted and talented education.
SECTION 28. Section 48.110(f), Education Code, is amended
to read as follows:
(f) For purposes of this section, an annual graduate
demonstrates:
(1) college readiness if the annual graduate:
(A) both:
(i) achieves college readiness standards
used for accountability purposes under Chapter 39 on the ACT, the
SAT, or an assessment instrument designated by the Texas Higher
Education Coordinating Board under Section 51.334; and
(ii) [(B)] during a time period established
by commissioner rule, enrolls at a postsecondary educational
institution; or
(B) earns an associate degree from a
postsecondary educational institution approved by the Texas Higher
Education Coordinating Board while attending high school or during
a time period established by commissioner rule;
(2) career readiness if the annual graduate:
(A) achieves college readiness standards used
for accountability purposes under Chapter 39 on the ACT, the SAT, or
an assessment instrument designated by the Texas Higher Education
Coordinating Board under Section 51.334; and
(B) during a time period established by
commissioner rule, earns an industry-accepted certificate; and
(3) military readiness if the annual graduate:
(A) achieves a passing score set by the
applicable military branch on the Armed Services Vocational
Aptitude Battery; and
(B) during a time period established by
commissioner rule, enlists in the armed forces of the United
States.
SECTION 29. Section 48.111, Education Code, is amended to
read as follows:
Sec. 48.111. FAST GROWTH ALLOTMENT. (a) Except as provided
by Subsection (c), a [A] school district [in which the growth in
student enrollment in the district over the preceding three school
years is in the top quartile of student enrollment growth in school
districts in the state for that period, as determined by the
commissioner,] is entitled to an annual allotment equal to the
basic allotment multiplied by the applicable weight under
Subsection (a-1) [0.04] for each enrolled student equal to the
difference, if the difference is greater than zero, that results
from subtracting 250 from the difference between the number of
students enrolled in the district during the school year
immediately preceding the current school year and the number of
students enrolled in the district during the school year six years
preceding the current school year [in average daily attendance].
(a-1) For purposes of Subsection (a), the agency shall
assign the following weights:
(1) 0.48 for each student enrolled at a district in the
top 40 percent of districts, as determined based on the number of
students calculated under Subsection (a);
(2) 0.33 for each student enrolled at a district in the
middle 30 percent of districts, as determined based on the number of
students calculated under Subsection (a); and
(3) 0.18 for each student enrolled at a district in the
bottom 30 percent of districts, as determined based on the number of
students calculated under Subsection (a).
(a-2) Notwithstanding Subsection (a-1), for the 2021-2022
school year, instead of using the weights under that subsection,
the agency shall substitute the following weights:
(1) 0.45 for each student enrolled at a district in the
top 40 percent of districts, as determined based on the number of
students calculated under Subsection (a);
(2) 0.30 for each student enrolled at a district in the
middle 30 percent of districts, as determined based on the number of
students calculated under Subsection (a); and
(3) 0.15 for each student enrolled at a district in the
bottom 30 percent of districts, as determined based on the number of
students calculated under Subsection (a).
(a-3) Subsection (a-2) and this subsection expire September
1, 2024.
(b) For purposes of Subsection (a), in determining the
number of students enrolled in a school district, the commissioner
shall exclude students enrolled in the district who receive
full-time instruction through the state virtual school network
under Chapter 30A.
(c) Notwithstanding Subsection (a), the total amount that
may be used to provide allotments under Subsection (a) may not
exceed $320 million. If the total amount of allotments to which
districts are entitled under Subsection (a) for a school year
exceeds the amount permitted under this subsection, the
commissioner shall proportionately reduce each district's
allotment under this section.
(c-1) Notwithstanding Subsection (c), the total amount that
may be used to provide allotments under Subsection (a) may not
exceed:
(1) for the 2021-2022 school year, $270 million;
(2) for the 2022-2023 school year, $310 million; and
(3) for the 2023-2024 school year, $315 million.
(c-2) Subsection (c-1) and this subsection expire September
1, 2025.
(d) Subject to the limitation under Subsection (d-1), for
the 2021-2022 school year, the agency shall provide to each school
district, regardless of whether the district is entitled to an
allotment under Subsection (a) for the 2021-2022 school year, an
amount equal to the difference, if the difference is greater than
zero, between the amount of the allotment for the 2019-2020 school
year under this section, as this section existed on September 1,
2019, and the amount of the allotment for the 2021-2022 school year.
(d-1) The total amount that may be used to provide funding
under Subsection (d) may not exceed $40 million. If the total amount
of funding to which districts are entitled under Subsection (d) for
a school year exceeds the amount permitted under this subsection,
the commissioner shall proportionately reduce each district's
amount under Subsection (d).
(d-2) The amounts to which school districts are entitled
under Subsection (d) are not subject to the amount limitations
described by Subsections (c) and (c-1).
(d-3) Subsections (d), (d-1), (d-2), and this subsection
expire September 1, 2023.
SECTION 30. Section 48.112, Education Code, is amended by
adding Subsection (j) to read as follows:
(j) The Texas School for the Deaf and the Texas School for
the Blind and Visually Impaired are entitled to an allotment under
this section. If the commissioner determines that assigning point
values under Subsections (e) and (f) to students enrolled in the
Texas School for the Deaf or the Texas School for the Blind and
Visually Impaired is impractical, the commissioner may use the
average point value assigned for those students' home districts for
purposes of calculating the high needs and rural factor.
SECTION 31. Section 42.168, Education Code, as added by
Chapter 464 (S.B. 11), Acts of the 86th Legislature, Regular
Session, 2019, is transferred to Subchapter C, Chapter 48,
Education Code, redesignated as Section 48.115, Education Code, and
amended to read as follows:
Sec. 48.115 [42.168]. SCHOOL SAFETY ALLOTMENT. (a) From
funds appropriated for that purpose, the commissioner shall provide
to a school district an annual allotment in the amount provided by
appropriation for each student in average daily attendance.
(b) Funds allocated under this section must be used to
improve school safety and security, including costs associated
with:
(1) securing school facilities, including:
(A) improvements to school infrastructure;
(B) the use or installation of physical barriers;
and
(C) the purchase and maintenance of:
(i) security cameras or other security
equipment; and
(ii) technology, including communications
systems or devices, that facilitates communication and information
sharing between students, school personnel, and first responders in
an emergency;
(2) providing security for the district, including:
(A) employing school district peace officers,
private security officers, and school marshals; and
(B) collaborating with local law enforcement
agencies, such as entering into a memorandum of understanding for
the assignment of school resource officers to schools in the
district;
(3) school safety and security training and planning,
including:
(A) active shooter and emergency response
training;
(B) prevention and treatment programs relating
to addressing adverse childhood experiences; and
(C) the prevention, identification, and
management of emergencies and threats, using evidence-based,
effective prevention practices and including:
(i) providing licensed counselors, social
workers, and individuals trained in restorative discipline and
restorative justice practices;
(ii) providing mental health personnel and
support;
(iii) [(ii)] providing behavioral health
services; [and]
(iv) [(iii)] establishing threat reporting
systems; and
(v) developing and implementing programs
focused on restorative justice practices, culturally relevant
instruction, and providing mental health support; and
(4) providing programs related to suicide prevention,
intervention, and postvention.
(c) A school district may use funds allocated under this
section for equipment or software that is used for a school safety
and security purpose and an instructional purpose, provided that
the instructional use does not compromise the safety and security
purpose of the equipment or software.
(d) The commissioner shall annually publish a report
regarding funds allocated under this section including the
programs, personnel, and resources purchased by districts using
funds under this section and other purposes for which the funds were
used [A school district that is required to take action under
Chapter 41 to reduce its wealth per student to the equalized wealth
level is entitled to a credit, in the amount of the allotments to
which the district is to receive as provided by appropriation,
against the total amount required under Section 41.093 for the
district to purchase attendance credits.
[(e) The commissioner may adopt rules to implement this
section].
SECTION 32. Section 48.252(a), Education Code, is amended
to read as follows:
(a) This section applies only to:
(1) a school district and an open-enrollment charter
school that enter into a contract to operate a district campus as
provided by Section 11.174;
(2) a charter granted by a school district for a
program operated by an entity that has entered into a contract under
Section 11.174, provided that the district does not appoint a
majority of the governing body of the charter holder; [and]
(3) a school district that contracts with an
open-enrollment charter school to jointly operate a campus or
campus program as provided by Section 11.157(b); and
(4) a school district that operates a resource campus
as provided by Section 29.934.
SECTION 33. Section 48.2551, Education Code, is amended by
amending Subsections (a) and (c) and adding Subsections (d-1) and
(d-2) to read as follows:
(a) In this section:
(1) "DPV" is the taxable value of property in the
school district, as determined by the agency by rule, using locally
determined property values adjusted in accordance with Section
403.302(d), Government Code [has the meaning assigned by Section
48.256];
(2) "E" is the expiration of the exclusion of
appraised property value for the preceding tax year that is
recognized as taxable property value for the current tax year,
which is the sum of the following:
(A) property value that is no longer subject to a
limitation on appraised value under Chapter 313, Tax Code; and
(B) property value under Section 311.013(n), Tax
Code, that is no longer excluded from the calculation of "DPV" from
the preceding year because of refinancing or renewal after
September 1, 2019;
(3) "MCR" is the district's maximum compressed rate,
which is the tax rate for the current tax year per $100 of valuation
of taxable property at which the district must levy a maintenance
and operations tax to receive the full amount of the tier one
allotment to which the district is entitled under this chapter;
(4) "PYDPV" is the district's value of "DPV" for the
preceding tax year; and
(5) "PYMCR" is the district's value of "MCR" for the
preceding tax year.
(c) Notwithstanding Subsection (b), for a district to which
Section 48.2552(b) applies, the district's maximum compressed rate
is the value calculated in accordance with Section 48.2552(b) [for
"MCR" under Subsection (b)(1)(B)].
(d-1) Local appraisal districts, school districts, and the
comptroller shall provide any information necessary to the agency
to implement this section.
(d-2) A school district may appeal to the commissioner the
district's taxable property value as determined by the agency under
this section. A decision by the commissioner is final and may not be
appealed.
SECTION 34. Section 48.2552(b), Education Code, is amended
to read as follows:
(b) If a school district's [district has a] maximum
compressed rate as calculated under Section 48.2551(b) would be
[that is] less than 90 percent of another school district's maximum
compressed rate, the district's maximum compressed rate is the
value at which the district's maximum compressed rate would be
equal to 90 percent of the other district's maximum compressed rate
[calculated under Section 48.2551(c) until the agency determines
that the difference between the district's and another district's
maximum compressed rates is not more than 10 percent].
SECTION 35. Section 48.257(c), Education Code, is amended
to read as follows:
(c) For purposes of Subsection (a), state aid to which a
district is entitled under this chapter that is not described by
Section 48.266(a)(3) [48.266(a)(1), (2), or (3)] may offset the
amount by which a district must reduce the district's [tier one]
revenue level under this section [Subsection (a)]. Any amount of
state aid used as an offset under this subsection shall reduce the
amount of state aid to which the district is entitled.
SECTION 36. Subchapter F, Chapter 48, Education Code, is
amended by adding Section 48.2611 to read as follows:
Sec. 48.2611. ONE-TIME REIMBURSEMENT FOR WINTER STORM URI.
(a) The agency shall provide reimbursement to school districts in
accordance with Section 48.261 for costs incurred as a result of the
2021 North American winter storm (Winter Storm Uri), including any
resulting electricity price increases.
(b) This section expires September 1, 2023.
SECTION 37. Subchapter F, Chapter 48, Education Code, is
amended by adding Section 48.2721 to read as follows:
Sec. 48.2721. RECOVERY OF FUNDS FROM EXCESSIVE TAXATION.
The commissioner shall reduce state aid or adjust the limit on local
revenue under Section 48.257 in an amount equal to the amount of
revenue generated by a school district's tax effort that is not in
compliance with Section 45.003 or this chapter.
SECTION 38. Section 48.277, Education Code, is amended by
adding Subsection (c-1) to read as follows:
(c-1) Notwithstanding any other provision of this chapter,
beginning with the 2021-2022 school year, if the total amount of
allotments to which school districts and open-enrollment charter
schools are entitled under this section for a school year exceeds
$400 million, the commissioner shall proportionately reduce each
district's or school's allotment under this section. The reduction
in the amount to which a district or school is entitled under this
section may not result in an amount that is less than zero.
SECTION 39. Subchapter F, Chapter 48, Education Code, is
amended by adding Section 48.281 to read as follows:
Sec. 48.281. MAINTENANCE OF EFFORT AND EQUITY FOR FEDERAL
MONEY RELATED TO COVID-19 PANDEMIC. (a) Subject to Subsection (b),
the commissioner shall increase a school district's or
open-enrollment charter school's entitlement under this chapter as
necessary to ensure compliance with requirements regarding
maintenance of effort and maintenance of equity under Section 317,
Coronavirus Response and Relief Supplemental Appropriations Act,
2021 (Div. M, Pub. L. No. 116-260, reprinted in note, 20 U.S.C.
Section 3401), and Section 2001, American Rescue Plan Act of 2021
(Pub. L. No. 117-2, reprinted in note, 20 U.S.C. Section 3401).
(b) Before making an increase under Subsection (a), the
commissioner shall notify the Legislative Budget Board and the
governor of the proposed increase. The increase is considered to be
approved unless the Legislative Budget Board or the governor issues
a written disapproval of the increase not later than the 30th day
after the date on which the commissioner provides notice under this
subsection.
(c) If the total amount of money available to the
commissioner for purposes of making increases under this section
for a state fiscal year is insufficient to make an increase the
commissioner determines necessary under Subsection (a), the
commissioner shall submit to the legislature an estimate of the
amount of funding needed to make the increase for that state fiscal
year.
(d) This section expires September 1, 2025.
SECTION 40. Section 48.302(b), Education Code, is amended
to read as follows:
(b) The agency shall enter into a memorandum of
understanding with the commission for the agency to transfer funds
to the commission [funds specifically appropriated to the agency]
for the commission to provide to an individual who is 21 years of
age or older a subsidy in an amount equal to the cost of taking one
high school equivalency examination administered under Section
7.111.
SECTION 41. Subchapter G, Chapter 48, Education Code, is
amended by adding Section 48.303 to read as follows:
Sec. 48.303. ADDITIONAL STATE AID FOR REGIONAL EDUCATION
SERVICE CENTER STAFF SALARY INCREASES. (a) A regional education
service center is entitled to state aid in an amount equal to the
sum of:
(1) the product of $500 multiplied by the number of
full-time center employees, other than administrators or classroom
teachers, full-time librarians, full-time school counselors
certified under Subchapter B, Chapter 21, or full-time school
nurses; and
(2) the product of $250 multiplied by the number of
part-time center employees, other than administrators or teachers,
librarians, school counselors certified under Subchapter B,
Chapter 21, or school nurses.
(b) A determination by the commissioner under Subsection
(a) is final and may not be appealed.
SECTION 42. Chapter 48, Education Code, is amended by
adding Subchapter H to read as follows:
SUBCHAPTER H. TEXAS COMMISSION ON SPECIAL EDUCATION FUNDING
Sec. 48.401. DEFINITION. In this subchapter, "commission"
means the Texas Commission on Special Education Funding.
Sec. 48.402. TEXAS COMMISSION ON SPECIAL EDUCATION FUNDING.
(a) The commission is established to develop and make
recommendations regarding methods of financing special education
in public schools.
(b) The commission is composed of seven members, appointed
as follows:
(1) one member appointed by the governor;
(2) three members appointed by the lieutenant
governor; and
(3) three members appointed by the speaker of the
house of representatives.
(c) In making appointments under Subsection (b), the
governor, lieutenant governor, and speaker of the house of
representatives shall coordinate to ensure that membership of the
commission, to the extent possible, reflects the ethnic and
geographic diversity of this state.
(d) The members appointed by:
(1) the governor must have an interest in special
education;
(2) the lieutenant governor must be three members of
the senate; and
(3) the speaker of the house of representatives must
be three members of the house of representatives.
Sec. 48.403. PRESIDING OFFICER. The governor shall
designate the presiding officer of the commission.
Sec. 48.404. COMPENSATION AND REIMBURSEMENT. A member of
the commission is not entitled to compensation for service on the
commission but is entitled to reimbursement for actual and
necessary expenses incurred in performing commission duties.
Sec. 48.405. ADMINISTRATIVE SUPPORT AND FUNDING. (a) The
agency shall provide administrative support for the commission.
(b) Funding for the administrative and operational expenses
of the commission shall be provided by legislative appropriation
made to the agency for that purpose.
Sec. 48.406. RECOMMENDATIONS. (a) The commission shall
develop recommendations under this subchapter to address issues
related to special education funding.
(b) The commission may establish one or more working groups
composed of not more than three members of the commission to study,
discuss, and address specific policy issues and recommendations to
refer to the commission for consideration.
Sec. 48.407. REPORT. Not later than December 31, 2022, the
commission shall prepare and deliver a report to the governor and
the legislature that recommends statutory changes to improve
funding for special education.
Sec. 48.408. PUBLIC MEETINGS AND PUBLIC INFORMATION. (a)
The commission may hold public meetings as needed to fulfill its
duties under this subchapter.
(b) The commission is subject to Chapters 551 and 552,
Government Code.
Sec. 48.409. COMMISSION ABOLISHED; EXPIRATION OF
SUBCHAPTER. The commission is abolished and this subchapter
expires January 1, 2023.
SECTION 43. Subchapter A, Chapter 49, Education Code, is
amended by adding Section 49.0041 to read as follows:
Sec. 49.0041. LOCAL REVENUE LEVEL IN EXCESS OF ENTITLEMENT
AFTER REVIEW NOTIFICATION. If the commissioner determines that a
school district has a local revenue level in excess of entitlement
after the date the commissioner sends notification for the school
year under Section 49.004(a), the commissioner shall include the
amount of the district's local revenue level that exceeded the
level established under Section 48.257 for that school year in the
annual review for the following school year of the district's local
revenue levels under Section 49.004(a).
SECTION 44. Section 49.054(b), Education Code, is amended
to read as follows:
(b) A consolidated [Except as provided by Subsection (c), a]
district under this subchapter [receiving incentive aid payments
under this section] is [not] entitled to incentive aid under
Subchapter G, Chapter 13.
SECTION 45. Section 822.201(b), Government Code, is amended
to read as follows:
(b) "Salary and wages" as used in Subsection (a) means:
(1) normal periodic payments of money for service the
right to which accrues on a regular basis in proportion to the
service performed;
(2) amounts by which the member's salary is reduced
under a salary reduction agreement authorized by Chapter 610;
(3) amounts that would otherwise qualify as salary and
wages under Subdivision (1) but are not received directly by the
member pursuant to a good faith, voluntary written salary reduction
agreement in order to finance payments to a deferred compensation
or tax sheltered annuity program specifically authorized by state
law or to finance benefit options under a cafeteria plan qualifying
under Section 125 of the Internal Revenue Code of 1986, if:
(A) the program or benefit options are made
available to all employees of the employer; and
(B) the benefit options in the cafeteria plan are
limited to one or more options that provide deferred compensation,
group health and disability insurance, group term life insurance,
dependent care assistance programs, or group legal services plans;
(4) performance pay awarded to an employee by a school
district as part of a total compensation plan approved by the board
of trustees of the district and meeting the requirements of
Subsection (e);
(5) the benefit replacement pay a person earns under
Subchapter H, Chapter 659, except as provided by Subsection (c);
(6) stipends paid to teachers in accordance with
former Section 21.410, 21.411, 21.412, or 21.413, Education Code;
(7) amounts by which the member's salary is reduced or
that are deducted from the member's salary as authorized by
Subchapter J, Chapter 659;
(8) a merit salary increase made under Section 51.962,
Education Code;
(9) amounts received under the relevant parts of the
educator excellence awards program under Subchapter O, Chapter 21,
Education Code, or a mentoring program under Section 21.458,
Education Code, that authorize compensation for service;
(10) salary amounts designated as health care
supplementation by an employee under Subchapter D, Chapter 22,
Education Code; [and]
(11) to the extent required by Sections 3401(h) and
414(u)(12), Internal Revenue Code of 1986, differential wage
payments received by an individual from an employer on or after
January 1, 2009, while the individual is performing qualified
military service as defined by Section 414(u), Internal Revenue
Code of 1986; and
(12) increased compensation paid to a teacher by a
school district using funds received by the district under the
teacher incentive allotment under Section 48.112, Education Code.
SECTION 46. Section 824.602(a), Government Code, is amended
to read as follows:
(a) Subject to Section 825.506, the retirement system may
not, under Section 824.601, withhold a monthly benefit payment if
the retiree is employed in a Texas public educational institution:
(1) as a substitute only with pay not more than the
daily rate of substitute pay established by the employer and, if the
retiree is a disability retiree, the employment has not exceeded a
total of 90 days in the school year;
(2) in a position, other than as a substitute, on no
more than a one-half time basis for the month;
(3) in one or more positions on as much as a full-time
basis, if the retiree has been separated from service with all Texas
public educational institutions for at least 12 full consecutive
months after the retiree's effective date of retirement; [or]
(4) in a position, other than as a substitute, on no
more than a one-half time basis for no more than 90 days in the
school year, if the retiree is a disability retiree; or
(5) as a tutor under Section 33.913, Education Code.
SECTION 47. Subchapter G, Chapter 825, Government Code, is
amended by adding Section 825.604 to read as follows:
Sec. 825.604. INFORMATION PROVIDED TO MEMBERS. The
retirement system shall regularly provide information in an
electronic format to members and retirees regarding the tutoring
program established under Section 33.913, Education Code, that
includes:
(1) general information regarding the tutoring
program; and
(2) a statement directing members and retirees who
want to participate in the tutoring program to contact their local
school districts or open-enrollment charter schools for further
guidance.
SECTION 48. (a) The following provisions of the Education
Code are repealed:
(1) Sections 12.133(d), (d-1), and (e);
(2) Sections 29.026(f) and (m);
(3) Section 29.124;
(4) Section 48.0051(a-1); and
(5) Sections 49.054(a) and (c).
(b) The following provisions, which amended Section 42.006,
Education Code, are repealed:
(1) Section 2, Chapter 1036 (H.B. 548), Acts of the
86th Legislature, Regular Session, 2019; and
(2) Section 8, Chapter 1060 (H.B. 1051), Acts of the
86th Legislature, Regular Session, 2019.
SECTION 49. (a) Except as provided by Subsection (b) of
this section, Section 28.004, Education Code, as amended by this
Act, applies beginning with the 2021-2022 school year.
(b) Section 28.004(j-1), Education Code, as added by this
Act, applies only to a purchase agreement entered into, amended, or
renewed on or after September 1, 2021.
SECTION 50. Section 45.0021, Education Code, as amended by
this Act, applies only to a tax rate adopted on or after the
effective date of this Act. A tax rate adopted before the effective
date of this Act is governed by the law in effect on the date the tax
rate was adopted, and the former law is continued in effect for that
purpose.
SECTION 51. (a) Subject to Subsection (b) of this section,
the changes in law made by this Act apply to a retiree of the Teacher
Retirement System of Texas regardless of whether the person retired
from employment before, on, or after the effective date of this Act.
(b) Section 824.602(a), Government Code, as amended by this
Act, applies only to the employment of a retiree of the Teacher
Retirement System of Texas that occurs on or after the effective
date of this Act.
SECTION 52. To the extent of any conflict, this Act prevails
over another Act of the 87th Legislature, Regular Session, 2021,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 53. (a) Except as provided by Subsections (b) and
(c) of this section, this Act takes effect September 1, 2021.
(b) Sections 28.004 and 31.0211(c), Education Code, as
amended by this Act, take effect immediately if this Act receives a
vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, those
sections take effect September 1, 2021.
(c) Section 32.155, Education Code, as amended by this Act,
takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1525 was passed by the House on April
22, 2021, by the following vote: Yeas 142, Nays 4, 2 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 1525 on May 28, 2021, and requested the appointment of a
conference committee to consider the differences between the two
houses; that the House adopted the conference committee report on
H.B. No. 1525 on May 30, 2021, by the following vote: Yeas 129,
Nays 3, 2 present, not voting; and that the House adopted H.C.R. No.
117 authorizing certain corrections in H.B. No. 1525 on May 31,
2021, by the following vote: Yeas 132, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1525 was passed by the Senate, with
amendments, on May 26, 2021, by the following vote: Yeas 31, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; that
the Senate adopted the conference committee report on H.B. No. 1525
on May 30, 2021, by the following vote: Yeas 31, Nays 0; and that
the Senate adopted H.C.R. No. 117 authorizing certain corrections
in H.B. No. 1525 on May 31, 2021, by the following vote: Yeas 31,
Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor