Texas 2023 88th Regular

Texas House Bill HB100 Introduced / Bill

Filed 03/14/2023

                    By: King of Hemphill H.B. No. 100


 A BILL TO BE ENTITLED
 AN ACT
 relating to the compensation of public school educators and to the
 public school finance system, including enrollment-based funding
 for certain allotments under the Foundation School Program.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 ARTICLE 1. CHANGES EFFECTIVE FOR 2023-2024 SCHOOL YEAR
 SECTION 1.01.  Section 19.009(d-2), Education Code, is
 amended to read as follows:
 (d-2)  Beginning with the 2009-2010 school year, the
 district shall increase the [monthly] salary of each classroom
 teacher, full-time speech pathologist, full-time librarian,
 full-time school counselor certified under Subchapter B, Chapter
 21, and full-time school nurse employed by the district by the
 greater of:
 (1)  $80 per month; or
 (2)  the maximum uniform amount per month that, when
 combined with any resulting increases in the amount of
 contributions made by the district for social security coverage for
 the specified employees or by the district on behalf of the
 specified employees under Section 825.405, Government Code, may be
 provided using an amount equal to the product of $60 multiplied by
 the number of students in weighted average daily attendance in the
 district during the 2009-2010 school year.
 SECTION 1.02.  Section 21.402, Education Code, is amended by
 amending Subsections (a) and (g) and adding Subsections (a-1),
 (c-2), (i), (j), (k), and (l) to read as follows:
 (a)  Except as provided by Subsection (c-2) [(e-1) or (f)], a
 school district must pay each employee who is employed as a
 classroom teacher, full-time librarian, full-time school counselor
 certified under Subchapter B, or full-time school nurse not less
 than the highest annual minimum [minimum monthly] salary described
 by the following schedule applicable to [, based on] the employee's
 certification, if any, and years [level] of experience:
 (1)  for an employee with less than five years of
 experience who holds:
 (A)  no certification $35,000;
 (B)  a teacher intern, teacher trainee, or
 probationary certificate issued under Subchapter B $37,000;
 (C)  the base certificate required under Section
 21.003(a) for employment in the employee's position other than a
 certificate described by Paragraph (B) $40,000; or
 (D)  any certificate described under this
 subsection and a designation under Section 21.3521 $43,000;
 (2)  for an employee with at least five years of
 experience who holds:
 (A)  no certification $45,000;
 (B)  a teacher intern, teacher trainee, or
 probationary certificate issued under Subchapter B $47,000;
 (C)  the base certificate required under Section
 21.003(a) for employment in the employee's position other than a
 certificate described by Paragraph (B) $50,000; or
 (D)  any certificate described under this
 subsection and a designation under Section 21.3521 $53,000; or
 (3)  for an employee with at least 10 years of
 experience who holds:
 (A)  no certification $55,000;
 (B)  a teacher intern, teacher trainee, or
 probationary certificate issued under Subchapter B $57,000;
 (C)  the base certificate required under Section
 21.003(a) for employment in the employee's position $60,000; or
 (D)  any certificate described under this
 subsection and a designation under Section 21.3521 $63,000
 [in addition to other factors, as determined by commissioner rule,
 determined by the following formula:
 [MS = SF x FS
 [where:
 ["MS" is the minimum monthly salary;
 ["SF" is the applicable salary factor specified by Subsection
 (c); and
 ["FS" is the amount, as determined by the commissioner under
 Subsection (b), of the basic allotment as provided by Section
 48.051(a) or (b) for a school district with a maintenance and
 operations tax rate at least equal to the state maximum compressed
 tax rate, as defined by Section 48.051(a)].
 (a-1)  For purposes of Subsection (a), a full-time school
 nurse is considered to hold the base certificate required under
 Section 21.003(a) for employment as a school nurse, regardless of
 the other certifications held by the nurse.
 (c-2)  A school district is not required to pay an employee
 who is employed as a classroom teacher, full-time librarian,
 full-time school counselor certified under Subchapter B, or
 full-time school nurse the minimum salary required under
 Subsection (a) for the school year following a school year during
 which the district reviews the employee's performance and finds
 the employee's performance unsatisfactory.
 (g)  The commissioner may adopt rules to govern the
 application of this section, including rules that:
 (1)  require the payment of a minimum salary under this
 section to a person employed in more than one capacity for which a
 minimum salary is provided and whose combined employment in those
 capacities constitutes full-time employment; and
 (2)  specify the credentials a person must hold to be
 considered a [speech pathologist or] school nurse under this
 section.
 (i)  A school district must use at least 50 percent of the
 difference between what the district would have paid under Section
 825.405, Government Code, based on the salaries paid under this
 section as it existed on January 1, 2023, and what the district
 pays under Section 825.405, Government Code, based on the salaries
 paid under this section as it exists after September 1, 2023, to
 increase the average total compensation per district employee
 employed as a classroom teacher, full-time librarian, full-time
 school counselor certified under Subchapter B, or full-time school
 nurse. In calculating average total compensation per district
 employee under this subsection, a district may not include
 compensation paid to a classroom teacher, full-time librarian,
 full-time school counselor certified under Subchapter B, or
 full-time school nurse in a position added by the school district
 for the current school year that increases the ratio of those
 employees to enrolled students over the ratio of those employees to
 enrolled students for the preceding year.
 (j)  A school district that increases employee compensation
 in the 2023-2024 school year to comply with Subsection (a), as
 amended by __.B. ____, Acts of the 88th Legislature, Regular
 Session, 2023, is providing compensation for services rendered
 independently of an existing employment contract applicable to
 that year and is not in violation of Section 53, Article III, Texas
 Constitution. A school district that does not meet the
 requirements of Subsection (a) in the 2023-2024 school year may
 satisfy the requirements of this section by providing an employee a
 one-time bonus payment during the 2024-2025 school year in an
 amount equal to the difference between the compensation earned by
 the employee during the 2023-2024 school year and the compensation
 the employee should have received during that school year if the
 district had complied with Subsection (a).
 (k)  Notwithstanding the minimum salary schedule under
 Subsection (a), a school district that increases the amount a
 classroom teacher, full-time librarian, full-time school counselor
 certified under Subchapter B, or full-time school nurse is
 compensated during the 2023-2024 school year by at least $8,000
 more than the amount the employee was compensated during the
 2022-2023 school year complies with the requirements of this
 section for the 2023-2024 school year.
 (l)  Subsections (i), (j), and (k) and this subsection expire
 September 1, 2025.
 SECTION 1.03.  The heading to Section 21.403, Education
 Code, is amended to read as follows:
 Sec. 21.403.  DETERMINATION OF YEARS OF EXPERIENCE
 [PLACEMENT ON MINIMUM SALARY SCHEDULE].
 SECTION 1.04.  Sections 21.403(b) and (c), Education Code,
 are amended to read as follows:
 (b)  For each year of work experience required for
 certification in a career or technological field, up to a maximum of
 two years, a certified career or technology education teacher is
 entitled to [salary step] credit as if the work experience were
 teaching experience.
 (c)  The commissioner shall adopt rules for determining the
 experience for which a teacher, librarian, school counselor, or
 nurse is to be given credit for purposes of the minimum salary
 schedule under Section 21.402(a) [in placing the teacher,
 librarian, school counselor, or nurse on the minimum salary
 schedule]. A district shall credit the teacher, librarian, school
 counselor, or nurse for each year of experience without regard to
 whether the years are consecutive.
 SECTION 1.05.  Section 21.4552(d), Education Code, is
 amended to read as follows:
 (d)  From funds appropriated for that purpose, a teacher who
 attends a literacy achievement academy is entitled to receive a
 stipend in the amount determined by the commissioner. A stipend
 received under this subsection is not considered in determining
 whether a school district is paying the teacher the minimum
 [monthly] salary under Section 21.402.
 SECTION 1.06.  Section 21.4553(d), Education Code, is
 amended to read as follows:
 (d)  From funds appropriated for that purpose, a teacher who
 attends a mathematics achievement academy is entitled to receive a
 stipend in the amount determined by the commissioner. A stipend
 received under this subsection is not considered in determining
 whether a district is paying the teacher the minimum [monthly]
 salary under Section 21.402.
 SECTION 1.07.  Section 21.4555(f), Education Code, is
 amended to read as follows:
 (f)  From funds available for that purpose, a teacher who
 attends a civics training program may receive a stipend in an amount
 determined by the commissioner. A stipend received under this
 section is not included in determining whether a district is paying
 the teacher the minimum [monthly] salary under Section 21.402.
 SECTION 1.08.  Section 30.102(b), Education Code, is amended
 to read as follows:
 (b)  A classroom teacher, full-time librarian, full-time
 school counselor certified under Subchapter B, Chapter 21, or
 full-time school nurse employed by the department is entitled to
 receive as a minimum salary the [monthly] salary specified by
 Section 21.402. A classroom teacher, full-time librarian,
 full-time school counselor, or full-time school nurse may be paid,
 from funds appropriated to the department, a salary in excess of the
 minimum specified by that section, but the salary may not exceed the
 rate of pay for a similar position in the public schools of an
 adjacent school district.
 SECTION 1.09.  Section 33.009(h), Education Code, is amended
 to read as follows:
 (h)  From funds appropriated for that purpose, a school
 counselor who attends the academy under this section is entitled to
 receive a stipend in the amount determined by the coordinating
 board. If funds are available after all eligible school counselors
 have received a stipend under this subsection, the coordinating
 board shall pay a stipend in the amount determined by the
 coordinating board to a teacher who attends the academy under this
 section. A stipend received under this subsection is not
 considered in determining whether a district is paying the school
 counselor or teacher the minimum [monthly] salary under Section
 21.402.
 SECTION 1.10.  Subchapter A, Chapter 48, Education Code, is
 amended by adding Section 48.0055 to read as follows:
 Sec. 48.0055.  ENROLLMENT-BASED FUNDING. The commissioner
 by rule shall establish the method for determining average
 enrollment for purposes of funding provided based on average
 enrollment under Chapter 46 and this chapter.
 SECTION 1.11.  Section 48.051, Education Code, is amended by
 amending Subsections (a) and (c) and adding Subsections (c-3) and
 (c-4) to read as follows:
 (a)  For each student in average daily attendance, not
 including the time students spend each day in special education
 programs in an instructional arrangement other than mainstream or
 career and technology education programs, for which an additional
 allotment is made under Subchapter C, a district is entitled to an
 allotment equal to [the lesser of $6,160 or] the amount that results
 from the following formula:
 A = B [$6,160] X TR/MCR
 where:
 "A" is the allotment to which a district is entitled;
 "B" is the base amount, which equals the greater of:
 (1)  $6,210;
 (2)  an amount equal to the district's base amount under
 this section for the preceding school year; or
 (3)  the amount appropriated under Subsection (b);
 "TR" is the district's tier one maintenance and operations
 tax rate, as provided by Section 45.0032; and
 "MCR" is the district's maximum compressed tax rate, as
 determined under Section 48.2551.
 (c)  During any school year for which the value of "A"
 determined [maximum amount of the basic allotment provided] under
 Subsection (a) [or (b)] is greater than the value of "A" [maximum
 amount provided] for the preceding school year, a school district
 must use at least 50 [30] percent of the amount[, if the amount is
 greater than zero,] that equals the product of the average daily
 attendance of the district multiplied by the difference in the
 value of "A" [amount of the difference between the district's
 funding under this chapter per student in average daily attendance]
 for the current school year and the value of "A" for the preceding
 school year to increase the average total compensation per employee
 employed by the district as [provide compensation increases to
 full-time district employees other than administrators as follows:
 [(1)  75 percent must be used to increase the
 compensation paid to] classroom teachers, full-time librarians,
 full-time school counselors certified under Subchapter B, Chapter
 21, and full-time school nurses [, prioritizing differentiated
 compensation for classroom teachers with more than five years of
 experience; and
 [(2)  25 percent may be used as determined by the
 district to increase compensation paid to full-time district
 employees]. In calculating average total compensation per employee
 under this subsection, a school district may not consider
 compensation paid to a district employee employed in a position
 described by this subsection added by the school district for the
 current school year that increases the ratio of those employees to
 the students enrolled in the district compared to the preceding
 school year.
 (c-3)  If a school district increases employee compensation
 in a school year to comply with Subsection (c), as amended by __.B.
 ____, Acts of the 88th Legislature, Regular Session, 2023, the
 district is providing compensation for services rendered
 independently of an existing employment contract applicable to
 that year and is not a violation of Section 53, Article III, Texas
 Constitution.
 (c-4)  A school district that does not meet the requirements
 of Subsection (c) during a school year may satisfy the requirements
 of this section by providing an employee a one-time bonus payment
 during the following school year in an amount equal to the
 difference between the compensation earned by the employee and the
 compensation the employee should have received during the school
 year if the district had complied with Subsection (c).
 SECTION 1.12.  Section 48.101, Education Code, is amended to
 read as follows:
 Sec. 48.101.  SMALL AND MID-SIZED DISTRICT ALLOTMENT. (a)
 Small and mid-sized districts are entitled to an annual allotment
 in accordance with this section. In this section:
 (1)  "AA" is the district's annual allotment per
 student in average enrollment [daily attendance];
 (2)  "AE" ["ADA"] is the number of students in average
 enrollment [daily attendance for which the district is entitled to
 an allotment under Section 48.051]; and
 (3)  "BA" is the basic allotment determined for a
 student in average daily attendance under Section 48.051.
 (b)  A school district that has fewer than 1,600 students in
 average enrollment [daily attendance] is entitled to an annual
 allotment for each student in average enrollment [daily attendance]
 based on the following formula:
 AA = ((1,600 - AE [ADA]) X __________[.0004]) X BA
 (c)  A school district that offers a kindergarten through
 grade 12 program and has fewer [less] than 5,000 students in average
 enrollment [daily attendance] is entitled to an annual allotment
 for each student in average enrollment [daily attendance] based on
 the formula, of the following formulas, that results in the
 greatest annual allotment:
 (1)  the formula in Subsection (b), if the district is
 eligible for that formula; or
 (2)  AA = ((5,000 - AE [ADA]) X __________[.000025]) X
 BA.
 (d)  Instead of the allotment under Subsection (b) or (c)(1),
 a school district that has fewer than 300 students in average
 enrollment [daily attendance] and is the only school district
 located in and operating in a county is entitled to an annual
 allotment for each student in average enrollment [daily attendance]
 based on the following formula:
 AA = ((1,600 - AE [ADA]) X __________[.00047]) X BA
 SECTION 1.13.  Section 48.151(c), Education Code, is amended
 to read as follows:
 (c)  Each district or county operating a regular
 transportation system is entitled to an allotment based on a rate of
 $1.54 per mile per regular eligible student or a greater rate set by
 the legislature in the General Appropriations Act.
 SECTION 1.14.  Subchapter D, Chapter 48, Education Code, is
 amended by adding Section 48.160 to read as follows:
 Sec. 48.160.  ALLOTMENT FOR ADVANCED MATHEMATICS PATHWAYS
 AND CERTAIN PROGRAMS OF STUDY. (a) A school district is eligible
 to receive an allotment under this section if the district offers
 through in-person instruction, remote instruction, or a hybrid of
 in-person and remote instruction:
 (1)  an advanced mathematics pathway that begins with
 Algebra I in grade eight and continues through progressively more
 advanced mathematics courses in each grade from grade 9 through 12;
 (2)  a program of study in:
 (A)  computer programming and software
 development; or
 (B)  cybersecurity; and
 (3)  a program of study in a specialized skilled trade,
 such as:
 (A)  plumbing and pipefitting;
 (B)  electrical;
 (C)  welding;
 (D)  diesel and heavy equipment;
 (E)  aviation maintenance; or
 (F)  applied agricultural engineering.
 (b)  Notwithstanding Subsection (a), a school district is
 eligible for the allotment under this section for students enrolled
 in a high school in the district that does not offer a program of
 study described by Subsection (a)(2) or (3) if:
 (1)  high school students who reside in the attendance
 zone of the high school may participate in the program of study by
 enrolling in another high school:
 (A)  that:
 (i)  is in the same district or a neighboring
 school district;
 (ii)  was assigned the same or a better
 campus overall performance rating under Section 39.054 as the high
 school in whose attendance zone the students reside; and
 (iii)  offers the program of study; and
 (B)  to and from which transportation is provided
 for those students; or
 (2)  students enrolled in the high school:
 (A)  are offered instruction for the program of
 study at another location, such as another high school in the same
 district or a neighboring school district; and
 (B)  receive transportation to and from the
 location described by Paragraph (A).
 (c)  An eligible school district is entitled to an annual
 allotment of $10 for each student enrolled at a high school in the
 district that offers a pathway or program of study from each
 subdivision described by Subsection (a) if:
 (1)  each student enrolled at the high school takes a
 progressively more advanced mathematics course each year of
 enrollment; and
 (2)  for each of those pathways or programs of study, at
 least one student enrolled at the high school completes a course in
 the pathway or program of study.
 (d)  A school district that receives an allotment under
 Subsection (c) and Section 48.101 is entitled to receive an
 additional allotment in an amount equal to the product of 0.1 and
 the allotment to which the district is entitled under Section
 48.101 for each student for which the district receives an
 allotment under Subsection (c). An open-enrollment charter school
 is not eligible for an allotment under this subsection.
 (e)  The commissioner by rule may establish requirements to
 ensure students enrolled in a high school to which Subsection (b)
 applies have meaningful access to the programs of study described
 by Subsections (a)(2) and (3).
 (f)  The agency may reduce the amount of a school district's
 allotment under this section if the agency determines that the
 district has not complied with any provision of this section.
 SECTION 1.15.  Sections 48.277(d) and (e), Education Code,
 are amended to read as follows:
 (d)  A school district or open-enrollment charter school is
 not entitled to an allotment under Subsection (a) beginning with
 the 2029-2030 [2024-2025] school year.
 (e)  This section expires September 1, 2030 [2025].
 SECTION 1.16.  Subchapter F, Chapter 48, Education Code, is
 amended by adding Section 48.280 to read as follows:
 Sec. 48.280.  SALARY TRANSITION ALLOTMENT. (a) In the
 2023-2024 and 2024-2025 school years, a school district is entitled
 to receive an annual salary transition allotment equal to the
 difference, if that amount is greater than zero, between:
 (1)  the amount calculated under Subsection (b); and
 (2)  the amount calculated under Subsection (c).
 (b)  The agency shall calculate a school district's value for
 Subsection (a)(1) by determining the difference in the amount the
 district must pay in compensation to employees on the minimum
 salary schedule under Section 21.402, as amended by __.B. ____,
 Acts of the 88th Legislature, Regular Session, 2023, from the
 amount paid in compensation to employees on the minimum salary
 schedule under that section as effective in the 2022-2023 school
 year, less the difference between:
 (1)  the amount of employer contributions under Section
 825.4035, Government Code, and Section 1575.203, Insurance Code,
 the district paid in the 2022-2023 school year for employees on the
 minimum salary schedule under Section 21.402; and
 (2)  the amount the district would have paid in
 employer contributions under Section 825.4035, Government Code,
 and Section 1575.203, Insurance Code, in the 2022-2023 school year
 for employees on the minimum salary schedule if the changes made to
 Section 21.402 by __.B. ____, Acts of the 88th Legislature, Regular
 Session, 2023, had been in effect.
 (c)  The agency shall calculate a school district's value for
 Subsection (a)(2) by determining the total maintenance and
 operations revenue for the current school year less the total
 maintenance and operations revenue that would have been available
 to the district using the basic allotment formula provided by
 Section 48.051 and the small and mid-sized allotment formulas
 provided by Section 48.101 as those sections existed on January 1,
 2023.
 (d)  Before making a final determination of the amount of an
 allotment to which a school district is entitled under this
 section, the agency shall ensure each school district has an
 opportunity to review and submit revised information to the agency
 for purposes of calculating the values under Subsection (a).
 (e)  A school district is entitled to an allotment in an
 amount equal to:
 (1)  for the 2026-2027 school year, two-thirds of the
 value determined under Subsection (a); and
 (2)  for the 2027-2028 school year, one-third of the
 value determined under Subsection (a).
 (f)  A school district is not entitled to an allotment under
 this section in the 2028-2029 school year or a later school year.
 (g)  This section expires September 1, 2029.
 SECTION 1.17.  The following provisions of the Education
 Code are repealed:
 (1)  Sections 21.402(b), (c), (c-1), (f), and (h); and
 (2)  Sections 21.403(a) and (d).
 SECTION 1.18.  (a) Except as provided by Subsection (b) of
 this section, this article takes 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, the entirety of this article takes effect September 1,
 2023.
 (b)  Sections 48.051, 48.101, 48.151(c), and 48.277(d) and
 (e), Education Code, as amended by this article, and Sections
 48.0055, 48.160, and 48.280, Education Code, as added by this
 article, take effect September 1, 2023.
 ARTICLE 2. CHANGES EFFECTIVE FOR 2024-2025 SCHOOL YEAR
 SECTION 2.01.  Section 46.003(a), Education Code, is amended
 to read as follows:
 (a)  For each year, except as provided by Sections 46.005 and
 46.006, a school district is guaranteed a specified amount per
 student in state and local funds for each cent of tax effort, up to
 the maximum rate under Subsection (b), to pay the principal of and
 interest on eligible bonds issued to construct, acquire, renovate,
 or improve an instructional facility. The amount of state support
 is determined by the formula:
 FYA = (FYL X AE [ADA] X BTR X 100) - (BTR X (DPV/100))
 where:
 "FYA" is the guaranteed facilities yield amount of state
 funds allocated to the district for the year;
 "FYL" is the dollar amount guaranteed level of state and
 local funds per student per cent of tax effort, which is $35 or a
 greater amount for any year provided by appropriation;
 "AE" ["ADA"] is the greater of the number of students in
 average enrollment [daily attendance], as determined under Section
 48.0055 [48.005], in the district or 400;
 "BTR" is the district's bond tax rate for the current year,
 which is determined by dividing the amount budgeted by the district
 for payment of eligible bonds by the quotient of the district's
 taxable value of property as determined under Subchapter M, Chapter
 403, Government Code, or, if applicable, Section 48.258, divided by
 100; and
 "DPV" is the district's taxable value of property as
 determined under Subchapter M, Chapter 403, Government Code, or, if
 applicable, Section 48.258.
 SECTION 2.02.  Section 46.005, Education Code, is amended to
 read as follows:
 Sec. 46.005.  LIMITATION ON GUARANTEED AMOUNT. The
 guaranteed amount of state and local funds for a new project that a
 district may be awarded in any state fiscal biennium under Section
 46.003 for a school district may not exceed the lesser of:
 (1)  the amount the actual debt service payments the
 district makes in the biennium in which the bonds are issued; or
 (2)  the greater of:
 (A)  $100,000; or
 (B)  the product of the number of students in
 average enrollment [daily attendance] in the district multiplied by
 $250.
 SECTION 2.03.  Section 46.006(g), Education Code, is amended
 to read as follows:
 (g)  In this section, "wealth per student" means a school
 district's taxable value of property as determined under Subchapter
 M, Chapter 403, Government Code, or, if applicable, Section 48.258,
 divided by the district's average enrollment [daily attendance] as
 determined under Section 48.0055 [48.005].
 SECTION 2.04.  Section 46.032(a), Education Code, is amended
 to read as follows:
 (a)  Each school district is guaranteed a specified amount
 per student in state and local funds for each cent of tax effort to
 pay the principal of and interest on eligible bonds. The amount of
 state support, subject only to the maximum amount under Section
 46.034, is determined by the formula:
 EDA = (EDGL X AE [ADA] X EDTR X 100) - (EDTR X (DPV/100))
 where:
 "EDA" is the amount of state funds to be allocated to the
 district for assistance with existing debt;
 "EDGL" is the dollar amount guaranteed level of state and
 local funds per student per cent of tax effort, which is the lesser
 of:
 (1)  $40 or a greater amount for any year provided by
 appropriation; or
 (2)  the amount that would result in a total additional
 amount of state funds under this subchapter for the current year
 equal to $60 million in excess of the state funds to which school
 districts would have been entitled under this section if the
 guaranteed level amount were $35;
 "AE" ["ADA"] is the number of students in average enrollment
 [daily attendance], as determined under Section 48.0055 [48.005],
 in the district;
 "EDTR" is the existing debt tax rate of the district, which is
 determined by dividing the amount budgeted by the district for
 payment of eligible bonds by the quotient of the district's taxable
 value of property as determined under Subchapter M, Chapter 403,
 Government Code, or, if applicable, under Section 48.258, divided
 by 100; and
 "DPV" is the district's taxable value of property as
 determined under Subchapter M, Chapter 403, Government Code, or, if
 applicable, under Section 48.258.
 SECTION 2.05.  Section 48.051(a), Education Code, is amended
 to read as follows:
 (a)  For each student in average daily attendance, not
 including the time students spend each day in special education
 programs in an instructional arrangement other than mainstream [or
 career and technology education programs], for which an additional
 allotment is made under Subchapter C, a district is entitled to an
 allotment equal to [the lesser of $6,160 or] the amount that results
 from the following formula:
 A = B [$6,160] X TR/MCR
 where:
 "A" is the allotment to which a district is entitled;
 "B" is the base amount, which equals the greater of:
 (1)  $6,210;
 (2)  an amount equal to the district's base amount under
 this section for the preceding school year; or
 (3)  the amount appropriated under Subsection (b);
 "TR" is the district's tier one maintenance and operations
 tax rate, as provided by Section 45.0032; and
 "MCR" is the district's maximum compressed tax rate, as
 determined under Section 48.2551.
 SECTION 2.06.  Sections 48.104(a), (d), and (e), Education
 Code, are amended to read as follows:
 (a)  For each student who does not have a disability and
 resides in a residential placement facility in a district in which
 the student's parent or legal guardian does not reside, a district
 is entitled to an annual allotment equal to the basic allotment
 multiplied by 0.2 or, if the student is educationally
 disadvantaged, 0.2755 [0.275]. For each full-time equivalent
 student who is in a remedial and support program under Section
 29.081 because the student is pregnant, a district is entitled to an
 annual allotment equal to the basic allotment multiplied by 2.41.
 (d)  The weights assigned to the five tiers of the index
 established under Subsection (c) are, from least to most severe
 economic disadvantage, 0.2255 [0.225], 0.238 [0.2375], 0.2505
 [0.25], 0.263 [0.2625], and 0.2755 [0.275].
 (e)  If insufficient data is available for any school year to
 evaluate the level of economic disadvantage in a census block
 group, a school district is entitled to an annual allotment equal to
 the basic allotment multiplied by 0.2255 [0.225] for each student
 who is educationally disadvantaged and resides in that census block
 group.
 SECTION 2.07.  Section 48.105(a), Education Code, is amended
 to read as follows:
 (a)  For each student in average enrollment [daily
 attendance] in a bilingual education or special language program
 under Subchapter B, Chapter 29, a district is entitled to an annual
 allotment equal to the basic allotment multiplied by:
 (1)  for an emergent bilingual student, as defined by
 Section 29.052:
 (A)  0.1; or
 (B)  0.15 if the student is in a bilingual
 education program using a dual language immersion/one-way or
 two-way program model; and
 (2)  for a student not described by Subdivision (1),
 0.05 if the student is in a bilingual education program using a dual
 language immersion/two-way program model.
 SECTION 2.08.  Sections 48.106(a) and (a-1), Education Code,
 are amended to read as follows:
 (a)  For each [full-time equivalent] student in average
 enrollment [daily attendance] in an approved career and technology
 education program in grades 7 through 12, a district is entitled to
 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; 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 enrollment [daily attendance], a district
 is entitled to $50 for each of the following in which the student is
 enrolled:
 (1)  a campus designated as a P-TECH school under
 Section 29.556; or
 (2)  a campus that is a member of the New Tech Network
 and that focuses on project-based learning and work-based
 education.
 SECTION 2.09.  Section 48.107(a), Education Code, is amended
 to read as follows:
 (a)  Except as provided by Subsection (b), for each student
 in average enrollment [daily attendance] who is using a public
 education grant under Subchapter G, Chapter 29, to attend school in
 a district other than the district in which the student resides, the
 district in which the student attends school is entitled to an
 annual allotment equal to the basic allotment multiplied by a
 weight of 0.1.
 SECTION 2.10.  Section 48.108(a), Education Code, is amended
 to read as follows:
 (a)  For each student in average enrollment [daily
 attendance] in kindergarten through third grade, a school district
 is entitled to an annual allotment equal to the basic allotment
 multiplied by 0.1 if the student is:
 (1)  educationally disadvantaged; or
 (2)  an emergent bilingual student, as defined by
 Section 29.052, and is in a bilingual education or special language
 program under Subchapter B, Chapter 29.
 SECTION 2.11.  Section 48.109(c), Education Code, is amended
 to read as follows:
 (c)  Not more than five percent of a district's students in
 average enrollment [daily attendance] are eligible for funding
 under this section.
 SECTION 2.12.  Section 48.153, Education Code, is amended to
 read as follows:
 Sec. 48.153.  DROPOUT RECOVERY SCHOOL AND RESIDENTIAL
 PLACEMENT FACILITY ALLOTMENT. A school district or open-enrollment
 charter school is entitled to $275 for each student in average
 enrollment [daily attendance] who:
 (1)  resides in a residential placement facility; or
 (2)  is at a district or school or a campus of the
 district or school that is designated as a dropout recovery school
 under Section 39.0548.
 SECTION 2.13.  Section 48.106(b)(2), Education Code, is
 repealed.
 SECTION 2.14.  This article takes effect September 1, 2024.