By: Dutton (Senate Sponsor - Taylor) H.B. No. 4465
(In the Senate - Received from the House May 10, 2021;
May 10, 2021, read first time and referred to Committee on
Education; May 24, 2021, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 8, Nays 1;
May 24, 2021, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 4465 By: Taylor
A BILL TO BE ENTITLED
AN ACT
relating to grants and federal disaster relief funds available to
school districts, open-enrollment charter schools, and regional
education service centers to provide services to students after a
disaster in the state of Texas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 29, Education Code, is
amended by adding Sections 29.926 and 29.927 to read as follows:
Sec. 29.926. GRANT PROGRAM REGARDING DISASTERS IMPACTING
STUDENT INSTRUCTION. (a) From funds available for purposes of this
section and reserved for the state for administrative purposes
under Section 313, Coronavirus Response and Relief Supplemental
Appropriations Act, 2021 (Div. M, Pub. L. No. 116-260, reprinted in
note, 20 U.S.C. Section 3401), or the American Rescue Plan Act of
2021 (Pub. L. No. 117-2, reprinted in note, 20 U.S.C. Section
3401), the commissioner shall establish a grant program to assist
school districts, open-enrollment charter schools, and regional
education service centers in overcoming the educational impact
occurring as a result of a state of disaster as declared by the
governor under Chapter 418, Government Code. The grant program may
include:
(1) extending instructional time;
(2) broadband grants to ensure that students have
access to remote instruction;
(3) innovation in curriculum and instruction;
(4) improvements in quality of air and water at school
facilities;
(5) accelerated learning; and
(6) comprehensive after-school learning, summer
learning, or summer enrichment.
(b) A broadband grant under Subsection (a)(2) may include a
payment made by the agency, a contractor or subgrantee of the
agency, a school district, or an open-enrollment charter school to:
(1) a provider of services or equipment for a student;
or
(2) a student's parent to pay a provider of services or
equipment for the student.
(c) The commissioner may determine the terms of a grant
awarded under this section, including:
(1) limits on the grant amount awarded to a school
district, open-enrollment charter school, or regional education
service center; and
(2) the approved use of grant funds.
(d) The agency may administer the grant program or contract
with a regional education service center to administer the grant
program.
(e) The commissioner may recover funds not used in
accordance with the terms of a grant by withholding any state funds
otherwise due to a school district, open-enrollment charter school,
or regional education service center that is not complying with the
terms of the grant.
(f) The commissioner may seek gifts, grants, and donations
from any public or private sources, including the federal
government, for providing grants under this section.
(g) A decision by the commissioner under this section is
final and may not be appealed.
(h) The commissioner may adopt rules to implement this
section.
Sec. 29.927. FEDERAL DISASTER RELIEF FUNDS; LOCAL PLAN FOR
EXPENDITURE OF FUNDS. (a) In this section, "disaster relief funds"
means federal funds that are:
(1) made available to the state under:
(A) Section 313, Coronavirus Response and Relief
Supplemental Appropriations Act, 2021 (Div. M, Pub. L. No. 116-260,
reprinted in note, 20 U.S.C. Section 3401); or
(B) the American Rescue Plan Act of 2021 (Pub. L.
No. 117-2, reprinted in note, 20 U.S.C. Section 3401); and
(2) authorized or required to be allocated to local
education agencies in the state.
(b) The state shall provide disaster relief funds to school
districts and charter schools operating under Chapter 12 in
accordance with the terms of the federal grant program under which
the funds are received. A waiver of a maintenance of effort
requirement or other provision of a federal grant requirement does
not apply to this subsection.
(c) The board of trustees of a school district or the
governing body of an open-enrollment charter school that receives
disaster relief funds under Subsection (b) shall:
(1) for each school year during which the funds are
permitted to be expended under the terms of the federal grant
program under which the funds were received, adopt a local plan
regarding the expenditure of the funds;
(2) not later than the beginning of the 2023-2024
school year, ensure that students in need of remediation are
identified and receiving appropriate services to perform at grade
level;
(3) use the funds in accordance with all requirements
established by:
(A) the federal grant program under which the
funds were received; or
(B) the United States Department of Education or
other appropriate federal authority;
(4) adopt the local plan under Subdivision (1) at a
public meeting at which the district or school considers any
recommendations published by the commissioner regarding the use of
the funds; and
(5) submit the district's or school's local plan to the
agency and consider the agency's comments in adopting the
district's or school's local plan for the following school year.
(d) A local plan adopted by a school district or
open-enrollment charter school under Subsection (c)(1) must
address:
(1) local needs for extending instructional time;
(2) measures to ensure access to remote instruction;
(3) innovation in curriculum and instruction;
(4) improvements in quality of air and water at school
facilities;
(5) accelerated learning; and
(6) comprehensive after-school learning, summer
learning, or summer enrichment.
(e) Funds provided to a school district or open-enrollment
charter school under this section may not be used to provide a
general increase in the district's or school's local salary
schedule but may be used to provide additional compensation for
staff providing, supporting, or supervising extended instructional
time.
(f) The agency shall make publicly available on the agency's
Internet website each local plan adopted by a school district or
open-enrollment charter school under Subsection (c)(1).
(g) Nothing in this section may be construed to limit the
authority of the commissioner or agency to audit or recover funds in
accordance with federal law.
(h) This section expires September 1, 2025.
SECTION 2. This Act takes effect September 1, 2021.
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