88R13108 KJE-D
By: Hinojosa H.B. No. 3951
A BILL TO BE ENTITLED
AN ACT
relating to a pilot program using average enrollment for purposes
of the public school finance system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 48, Education Code, is
amended by adding Section 48.0052 to read as follows:
Sec. 48.0052. AVERAGE ENROLLMENT PILOT PROGRAM. (a) The
commissioner by rule shall establish a pilot program under which
participating school districts and open-enrollment charter schools
receive funding under the public school finance system based on
average enrollment instead of average daily attendance.
(b) A school district or open-enrollment charter school
must apply to participate in the pilot program.
(c) To the extent practicable, the commissioner shall
approve for participation in the pilot program:
(1) five school districts with a student enrollment as
follows:
(A) one district with a student enrollment of
1,500 or less;
(B) one district with a student enrollment of
more than 1,500 but not more than 5,000;
(C) one district with a student enrollment of
more than 5,000 but not more than 20,000;
(D) one district with a student enrollment of
more than 20,000 but less than 50,000; and
(E) one district with a student enrollment of
50,000 or more; and
(2) three open-enrollment charter schools of three
different sizes, as determined by the commissioner.
(d) Under the pilot program, the commissioner shall, for
each participating school district or open-enrollment charter
school, for the 2023-2024 and 2024-2025 school years:
(1) reduce by $200 the amount of the basic allotment
determined under Section 48.051 for each student enrolled in the
district or school;
(2) calculate the district's or school's entitlement
under Chapter 46 and this chapter using the average number of
students enrolled at the district or school instead of the
district's or school's average daily attendance determined under
Section 48.005; and
(3) make the payments from the foundation school fund
to the district or school under Section 48.273 in four equal amounts
on or before dates determined by commissioner rule.
(e) Not later than December 1, 2024, the commissioner shall
submit to the legislature a written report on the results of the
pilot program and any recommendations for legislative or other
action.
(f) The commissioner may adopt rules as necessary to
implement the pilot program.
(g) This section expires September 1, 2025.
SECTION 2. This Act takes effect immediately if it 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, this
Act takes effect September 1, 2023.