Texas 2021 - 87th Regular

Texas House Bill HB4465 Compare Versions

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1-By: Dutton (Senate Sponsor - Taylor) H.B. No. 4465
2- (In the Senate - Received from the House May 10, 2021;
3- May 10, 2021, read first time and referred to Committee on
4- Education; May 24, 2021, reported adversely, with favorable
5- Committee Substitute by the following vote: Yeas 8, Nays 1;
6- May 24, 2021, sent to printer.)
7-Click here to see the committee vote
8- COMMITTEE SUBSTITUTE FOR H.B. No. 4465 By: Taylor
1+By: Dutton H.B. No. 4465
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103
114 A BILL TO BE ENTITLED
125 AN ACT
136 relating to grants and federal disaster relief funds available to
147 school districts, open-enrollment charter schools, and regional
158 education service centers to provide services to students after a
169 disaster in the state of Texas.
1710 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1811 SECTION 1. Subchapter Z, Chapter 29, Education Code, is
1912 amended by adding Sections 29.926 and 29.927 to read as follows:
2013 Sec. 29.926. GRANT PROGRAM REGARDING DISASTERS IMPACTING
2114 STUDENT INSTRUCTION. (a) From funds available for purposes of this
2215 section and reserved for the state for administrative purposes
2316 under Section 313, Coronavirus Response and Relief Supplemental
2417 Appropriations Act, 2021 (Div. M, Pub. L. No. 116-260, reprinted in
2518 note, 20 U.S.C. Section 3401), or the American Rescue Plan Act of
2619 2021 (Pub. L. No. 117-2, reprinted in note, 20 U.S.C. Section
2720 3401), the commissioner shall establish a grant program to assist
2821 school districts, open-enrollment charter schools, and regional
2922 education service centers in overcoming the educational impact
3023 occurring as a result of a state of disaster as declared by the
3124 governor under Chapter 418, Government Code. The grant program may
3225 include:
3326 (1) extending instructional time;
3427 (2) broadband grants to ensure that students have
3528 access to remote instruction;
3629 (3) innovation in curriculum and instruction;
3730 (4) improvements in quality of air and water at school
3831 facilities;
3932 (5) accelerated learning; and
4033 (6) comprehensive after-school learning, summer
4134 learning, or summer enrichment.
4235 (b) A broadband grant under Subsection (a)(2) may include a
4336 payment made by the agency, a contractor or subgrantee of the
4437 agency, a school district, or an open-enrollment charter school to:
4538 (1) a provider of services or equipment for a student;
4639 or
4740 (2) a student's parent to pay a provider of services or
4841 equipment for the student.
4942 (c) The commissioner may determine the terms of a grant
5043 awarded under this section, including:
5144 (1) limits on the grant amount awarded to a school
5245 district, open-enrollment charter school, or regional education
5346 service center; and
5447 (2) the approved use of grant funds.
5548 (d) The agency may administer the grant program or contract
5649 with a regional education service center to administer the grant
5750 program.
5851 (e) The commissioner may recover funds not used in
5952 accordance with the terms of a grant by withholding any state funds
6053 otherwise due to a school district, open-enrollment charter school,
6154 or regional education service center that is not complying with the
6255 terms of the grant.
6356 (f) The commissioner may seek gifts, grants, and donations
6457 from any public or private sources, including the federal
6558 government, for providing grants under this section.
6659 (g) A decision by the commissioner under this section is
6760 final and may not be appealed.
6861 (h) The commissioner may adopt rules to implement this
6962 section.
7063 Sec. 29.927. FEDERAL DISASTER RELIEF FUNDS; LOCAL PLAN FOR
7164 EXPENDITURE OF FUNDS. (a) In this section, "disaster relief funds"
7265 means federal funds that are:
7366 (1) made available to the state under:
7467 (A) Section 313, Coronavirus Response and Relief
7568 Supplemental Appropriations Act, 2021 (Div. M, Pub. L. No. 116-260,
7669 reprinted in note, 20 U.S.C. Section 3401); or
7770 (B) the American Rescue Plan Act of 2021 (Pub. L.
7871 No. 117-2, reprinted in note, 20 U.S.C. Section 3401); and
7972 (2) authorized or required to be allocated to local
8073 education agencies in the state.
8174 (b) The state shall provide disaster relief funds to school
8275 districts and charter schools operating under Chapter 12 in
8376 accordance with the terms of the federal grant program under which
8477 the funds are received. A waiver of a maintenance of effort
8578 requirement or other provision of a federal grant requirement does
8679 not apply to this subsection.
8780 (c) The board of trustees of a school district or the
8881 governing body of an open-enrollment charter school that receives
8982 disaster relief funds under Subsection (b) shall:
9083 (1) for each school year during which the funds are
9184 permitted to be expended under the terms of the federal grant
9285 program under which the funds were received, adopt a local plan
9386 regarding the expenditure of the funds;
9487 (2) not later than the beginning of the 2023-2024
9588 school year, ensure that students in need of remediation are
9689 identified and receiving appropriate services to perform at grade
9790 level;
9891 (3) use the funds in accordance with all requirements
9992 established by:
10093 (A) the federal grant program under which the
10194 funds were received; or
10295 (B) the United States Department of Education or
10396 other appropriate federal authority;
10497 (4) adopt the local plan under Subdivision (1) at a
10598 public meeting at which the district or school considers any
10699 recommendations published by the commissioner regarding the use of
107100 the funds; and
108101 (5) submit the district's or school's local plan to the
109102 agency and consider the agency's comments in adopting the
110103 district's or school's local plan for the following school year.
111104 (d) A local plan adopted by a school district or
112105 open-enrollment charter school under Subsection (c)(1) must
113106 address:
114107 (1) local needs for extending instructional time;
115108 (2) measures to ensure access to remote instruction;
116109 (3) innovation in curriculum and instruction;
117110 (4) improvements in quality of air and water at school
118- facilities;
119- (5) accelerated learning; and
120- (6) comprehensive after-school learning, summer
121- learning, or summer enrichment.
111+ facilities; and
112+ (5) accelerated learning.
122113 (e) Funds provided to a school district or open-enrollment
123114 charter school under this section may not be used to provide a
124115 general increase in the district's or school's local salary
125116 schedule but may be used to provide additional compensation for
126117 staff providing, supporting, or supervising extended instructional
127118 time.
128119 (f) The agency shall make publicly available on the agency's
129120 Internet website each local plan adopted by a school district or
130121 open-enrollment charter school under Subsection (c)(1).
131122 (g) Nothing in this section may be construed to limit the
132123 authority of the commissioner or agency to audit or recover funds in
133124 accordance with federal law.
134125 (h) This section expires September 1, 2025.
135126 SECTION 2. This Act takes effect September 1, 2021.
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