88R13877 MEW-D By: Dutton H.B. No. 4317 A BILL TO BE ENTITLED AN ACT relating to the incentive for public schools that provide additional instructional days for certain students and the early education allotment under the Foundation School Program. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Sections 48.0051(a), (b), and (d), Education Code, are amended to read as follows: (a) The [Subject to Subsection (a-1), the] commissioner shall adjust the average daily attendance of a school district or open-enrollment charter school under Section 48.005 in the manner provided by Subsection (b) if the district or school: (1) provides the minimum number of minutes of operational and instructional time required under Section 25.081 and commissioner rules adopted under that section over at least 175 [180] days of instruction; and (2) offers an additional 30 days of half-day instruction for students enrolled in prekindergarten through fifth grade. (b) For a school district or open-enrollment charter school described by Subsection (a), the commissioner shall increase the average daily attendance of the district or school under Section 48.005 by the amount that results from the quotient of the sum of attendance by students described by Subsection (a)(2) for each of the 30 additional instructional days of half-day instruction that are provided divided by 175 [180]. (d) This section does not prohibit a school district from providing the minimum number of minutes of operational and instructional time required under Section 25.081 and commissioner rules adopted under that section over fewer than 175 [180] days of instruction. SECTION 2. Section 48.108, Education Code, is amended by adding Subsection (a-1) to read as follows: (a-1) In addition to the allotment under Subsection (a), a school district is entitled to an annual allotment equal to the basic allotment multiplied by 0.1 for each student in average daily attendance in a prekindergarten class who meets the eligibility requirements under Section 29.153(b) and is at least four years of age. SECTION 3. This Act takes effect September 1, 2023.