Texas 2021 - 87th Regular

Texas Senate Bill SB1785 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Taylor S.B. No. 1785
2	2
3	3
4	4	AN ACT
5	5	relating to grants available to school districts and
6	6	open-enrollment charter schools to provide services to students
7	7	after a disaster in the state of Texas; an adjustment to prevent
8	8	generational educational decline under the public school finance
9	9	system; and ensure maintenance of effort.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter Z, Chapter 29, Education Code, is
12	12	amended by adding Section 29.926 to read as follows:
13	13	Sec. 29.926. GRANT PROGRAM REGARDING DISASTERS IMPACTING
14	14	STUDENT INSTRUCTION. (a) From funds appropriated or available for
15	15	purposes of this section, the commissioner shall establish a grant
16	16	program to assist school districts, open-enrollment charter
17	17	schools and regional education service centers in overcoming the
18	18	educational impact occurring as a result of a state of disaster as
19	19	declared by the governor under Chapter 418, Government Code. The
20	20	grant program may include:
21	21	(1) extending instructional time;
22	22	(2) broadband grants to ensure that students have
23	23	access to remote instruction;
24	24	(3) innovation in curriculum and instruction;
25	25	(4) improvements in quality of air and water at school
26	26	facilities; and
27	27	(5) accelerated learning.
28	28	(b) The commissioner may determine the terms of a grant
29	29	awarded under this section, including:
30	30	(1) limits on the grant amount awarded to a school
31	31	district or open-enrollment charter school; and
32	32	(2) the approved use of grant funds.
33	33	(c) The agency may administer the grant program or contract
34	34	with a regional education service center to administer the grant
35	35	program.
36	36	(d) The commissioner may recover funds not used in
37	37	accordance with the terms of a grant by withholding any state funds
38	38	otherwise due to a school district or open-enrollment charter
39	39	school that is not complying with the terms of the grant.
40	40	(e) The commissioner may seek gifts, grants, and donations
41	41	from any public or private sources, including the federal
42	42	government, for providing grants under this section.
43	43	(f) A decision by the commissioner under this section is
44	44	final and may not be appealed.
45	45	(g) Broadband grants may include payments by the agency, an
46	46	agency's contractor or subgrantee, or a public school to a provider
47	47	of services or equipment for a student or to a student's parents for
48	48	payment to a provider of services or equipment.
49	49	(h) The commissioner may adopt rules to implement this
50	50	section.
51	51	SECTION 2. Section 48.011(d) and (e), Education Code, is
52	52	amended to read as follows:
53	53	(d) Beginning with the 2021-20222023-2024 school year, the
54	54	commissioner may not make an adjustment under Subsection (a) or
55	55	(a-1).
56	56	(e) This section expires September 1, 20232025.
57	57	SECTION 3. Section 48.251(c), Education Code, is amended to
58	58	read as follows:
59	59	(c) The program shall be financed by:
60	60	(1) state available school funds distributed in
61	61	accordance with the law and funds described by Section 48.2571;
62	62	(2) ad valorem tax revenue generated by local school
63	63	district effort; and
64	64	(3) state funds appropriated for the purposes of
65	65	public school education and allocated to each district in an amount
66	66	sufficient to finance the cost of each district's Foundation School
67	67	Program not covered by other funds specified in this subsection.
68	68	SECTION 4. Sections 48.257(a), (b), and (f), Education
69	69	Code, are amended to read as follows:
70	70	(a) Subject to Subsection (b), if a school district's tier
71	71	one local share under Section 48.256 exceeds the district's
72	72	entitlement under Section 48.266(a)(1) less the district's
73	73	distribution from the state available school fund and funds
74	74	described by Section 48.2571, the district must reduce the
75	75	district's tier one revenue level in accordance with Chapter 49 to a
76	76	level not to exceed the district's entitlement under Section
77	77	48.266(a)(1) less the district's distribution from the state
78	78	available school fund and funds described by Section 48.2571.
79	79	(b) This subsection applies only to a school district to
80	80	which Subsection (a) applies. If a district 's maintenance and
81	81	operations tax collections from the tax rate described by Section
82	82	45.0032(a) for the current tax year minus the required reduction in
83	83	a district's tier one revenue level under Subsection (a) results in
84	84	an amount that is less than the amount of the district's entitlement
85	85	under Section 48.266(a)(1) less the district's distribution from
86	86	the state available school fund, the agency shall adjust the amount
87	87	of the reduction required in the district's tier one revenue level
88	88	under Subsection (a) up to the amount of local funds necessary for
89	89	the district's entitlement under Section 48.266(a)(1) less the
90	90	district's distribution from the state available school fund and
91	91	funds described by Section 48.2571.
92	92	(f) If the amount of a school district's tier two local
93	93	share described by Section 48.266(a)(5)(B) to which a district is
94	94	entitled exceeds the amount described by Section 48.202(a-1)(2),
95	95	the district must reduce the district's revenue in accordance with
96	96	Chapter 49 to a level not to exceed the amount described by Section
97	97	48.202 (a-1)(2) less the amount distributed to the district under
98	98	Section 48.2571.
99	99	SECTION 5. Subchapter F, Chapter 48, Education Code, is
100	100	amended by adding Section 48.2571 to read as follows:
101	101	Sec. 48.2571. ADJUSTMENT TO PREVENT GENERATIONAL
102	102	EDUCATIONAL DECLINE. (a) From funds identified in the General
103	103	Appropriations Act for purposes of this section, the agency shall
104	104	calculate the amount of funds allocated to each school district and
105	105	open-enrollment charter school.
106	106	(b) The commissioner shall make adjustments under Sections
107	107	48.251 and 48.257 in an amount equal to the amount calculated for
108	108	each school district and open-enrollment charter school under
109	109	Subsection (a).
110	110	(c) If funds described by Subsection (a) are designated for
111	111	use during the 2020-2021 school year, the commissioner shall make
112	112	the adjustments under Subsection (b) for that school year.
113	113	(d) If, after adjustment under this section, a school
114	114	district has a local revenue level that exceeds the level
115	115	established under Section 48.257 and the school district does not
116	116	take action under Chapter 49 to reduce the district's local revenue
117	117	level, the commissioner shall recover the amount of funds that
118	118	exceeded the level established under Section 48.257 over a period
119	119	not to exceed five school years.
120	120	(e) The commissioner may make adjustments as necessary
121	121	under this chapter to fulfill the purposes of this section and to
122	122	ensure compliance with the requirements regarding maintenance of
123	123	state financial support for special education under 20 U.S.C.
124	124	Section 1412(a)(18).
125	125	(f) A decision by the commissioner under this section is
126	126	final and may not be appealed.
127	127	(g) Beginning with the 2022-2023 school year, the
128	128	commissioner may not make an adjustment under this section.
129	129	(h) This section expires September 1, 2022.
130	130	SECTION 6. Section 48.277, Education Code, is amended by
131	131	adding Subsections (d-4) to read as follows:
132	132	(d-4) Notwithstanding any other provision of this section,
133	133	if an adjustment is made under Section 48.2571 for the 2020-2021
134	134	school year, the commissioner shall reduce the amount of an
135	135	allotment to which a school district or open-enrollment charter
136	136	school is entitled under this section in the amount calculated for
137	137	the school district or open-enrollment charter school under Section
138	138	48.2571.
139	139	SECTION 7. Subchapter F, Chapter 48, Education Code, is
140	140	amended by adding Section 48.280 to read as follows:
141	141	Sec. 48.280. COMMISSIONER AUTHORITY TO RESOLVE MAINTENANCE
142	142	ISSUES. (a) The commissioner may adjust school funding entitlement
143	143	under this chapter or Chapter 49 to ensure compliance with federal
144	144	maintenance requirements under the Section 313 of the Coronavirus
145	145	Response and Relief Supplemental Appropriations Act of 2021 or
146	146	Section 2001 of the American Rescue Plan Act of 2021.
147	147	(b) Before making an adjustment under Subsection (a), the
148	148	commissioner shall notify the Legislative Budget Board and office
149	149	of the governor of the proposed adjustment.
150	150	(c) If notice of a proposed adjustment is provided under
151	151	Subsection (b) and neither the Legislative Budget Board nor the
152	152	office of the governor provide written refusal of the proposed
153	153	adjustment within thirty days of the date the commissioner provided
154	154	notice of the proposed adjustment, the commissioner may make the
155	155	proposed adjustment at any time after the thirtieth day following
156	156	the date that the commissioner provided notice under Subsection
157	157	(b).
158	158	(d) This section expires September 1, 2025.
159	159	SECTION 8. (a) If this legislation receives immediate
160	160	effect, then changes enacted by SECTIONS 3 through 7 of this
161	161	legislation apply beginning with the 2020-2021 school year.
162	162	(b) SECTIONS 1 and 2 of this legislation apply beginning
163	163	with 2021-2022 school year.
164	164	SECTION 9. This Act takes effect immediately if it receives
165	165	a vote of two-thirds of all the members elected to each house, as
166	166	provided by Section 39, Article III, Texas Constitution. If this
167	167	Act does not receive the vote necessary for immediate effect, this
168	168	Act takes effect September 1, 2021.