Texas 2025 - 89th Regular

Texas Senate Bill SB478 Compare Versions

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

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1	1	89R2165 JTZ-D
2	2	By: Middleton S.B. No. 478
3	3
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6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to renaming the basic allotment under the Foundation
10	10	School Program to the initial allotment.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 12.106(a-1), Education Code, is amended
13	13	to read as follows:
14	14	(a-1) In determining funding for an open-enrollment charter
15	15	school under Subsection (a), the amount of the allotment under
16	16	Section 48.102 is based solely on the initial [basic] allotment to
17	17	which the charter holder is entitled and does not include any amount
18	18	based on the allotment under Section 48.101.
19	19	SECTION 2. Section 12.263(f), Education Code, is amended to
20	20	read as follows:
21	21	(f) In addition to funding provided under Subsection (a), an
22	22	eligible entity granted a charter under this subchapter is entitled
23	23	to receive for the adult education program an annual allotment,
24	24	provided in accordance with a schedule established by commissioner
25	25	rule, equal to the maximum initial [basic] allotment under Section
26	26	48.051(a) or (b) multiplied by:
27	27	(1) for each credit earned by a student enrolled in the
28	28	adult education program during the preceding school year:
29	29	(A) 0.01 for a course other than a career and
30	30	technology education course; and
31	31	(B) 0.02 for a career and technology education
32	32	course; and
33	33	(2) 0.1 for each student who successfully completed
34	34	the adult education program and earned a high school diploma during
35	35	the preceding school year.
36	36	SECTION 3. Sections 21.402(a) and (b), Education Code, are
37	37	amended to read as follows:
38	38	(a) Except as provided by Subsection (e-1) or (f), a school
39	39	district must pay each classroom teacher, full-time librarian,
40	40	full-time school counselor certified under Subchapter B, or
41	41	full-time school nurse not less than the minimum monthly salary,
42	42	based on the employee's level of experience in addition to other
43	43	factors, as determined by commissioner rule, determined by the
44	44	following formula:
45	45	MS = SF x FS
46	46	where:
47	47	"MS" is the minimum monthly salary;
48	48	"SF" is the applicable salary factor specified by Subsection
49	49	(c); and
50	50	"FS" is the amount, as determined by the commissioner under
51	51	Subsection (b), of the initial [basic] allotment as provided by
52	52	Section 48.051(a) or (b) for a school district with a maintenance
53	53	and operations tax rate at least equal to the state maximum
54	54	compressed tax rate, as defined by Section 48.051(a).
55	55	(b) Not later than June 1 of each year, the commissioner
56	56	shall determine the initial [basic] allotment and resulting monthly
57	57	salaries to be paid by school districts as provided by Subsection
58	58	(a).
59	59	SECTION 4. Section 29.014(d), Education Code, is amended to
60	60	read as follows:
61	61	(d) The initial [basic] allotment for a student enrolled in
62	62	a district to which this section applies is adjusted by the weight
63	63	for a homebound student under Section 48.102(a).
64	64	SECTION 5. The heading to Section 48.051, Education Code,
65	65	is amended to read as follows:
66	66	Sec. 48.051. INITIAL [BASIC] ALLOTMENT.
67	67	SECTION 6. Section 48.051(c), Education Code, is amended to
68	68	read as follows:
69	69	(c) During any school year for which the maximum amount of
70	70	the initial [basic] allotment provided under Subsection (a) or (b)
71	71	is greater than the maximum amount provided for the preceding
72	72	school year, a school district must use at least 30 percent of the
73	73	amount, if the amount is greater than zero, that equals the product
74	74	of the average daily attendance of the district multiplied by the
75	75	amount of the difference between the district's funding under this
76	76	chapter per student in average daily attendance for the current
77	77	school year and the preceding school year to provide compensation
78	78	increases to full-time district employees other than
79	79	administrators as follows:
80	80	(1) 75 percent must be used to increase the
81	81	compensation paid to classroom teachers, full-time librarians,
82	82	full-time school counselors certified under Subchapter B, Chapter
83	83	21, and full-time school nurses, prioritizing differentiated
84	84	compensation for classroom teachers with more than five years of
85	85	experience; and
86	86	(2) 25 percent may be used as determined by the
87	87	district to increase compensation paid to full-time district
88	88	employees.
89	89	SECTION 7. Sections 48.052(a) and (c), Education Code, are
90	90	amended to read as follows:
91	91	(a) Notwithstanding Section 48.051, a school district that
92	92	has fewer than 130 students in average daily attendance shall be
93	93	provided an initial [a basic] allotment on the basis of 130 students
94	94	in average daily attendance if it offers a kindergarten through
95	95	grade 12 program and has preceding or current year's average daily
96	96	attendance of at least 90 students or is 30 miles or more by bus
97	97	route from the nearest high school district. A district offering a
98	98	kindergarten through grade 8 program whose preceding or current
99	99	year's average daily attendance was at least 50 students or which is
100	100	30 miles or more by bus route from the nearest high school district
101	101	shall be provided an initial [a basic] allotment on the basis of 75
102	102	students in average daily attendance. An average daily attendance
103	103	of 60 students shall be the basis of providing the initial [basic]
104	104	allotment if a district offers a kindergarten through grade 6
105	105	program and has preceding or current year's average daily
106	106	attendance of at least 40 students or is 30 miles or more by bus
107	107	route from the nearest high school district.
108	108	(c) Notwithstanding Subsection (a) or Section 48.051, a
109	109	school district to which this subsection applies, as provided by
110	110	Subsection (b), that has fewer than 130 students in average daily
111	111	attendance shall be provided an initial [a basic] allotment on the
112	112	basis of 130 students in average daily attendance if it offers a
113	113	kindergarten through grade four program and has preceding or
114	114	current year's average daily attendance of at least 75 students or
115	115	is 30 miles or more by bus route from the nearest high school
116	116	district.
117	117	SECTION 8. Section 48.101, Education Code, is amended to
118	118	read as follows:
119	119	Sec. 48.101. SMALL AND MID-SIZED DISTRICT ALLOTMENT. (a)
120	120	Small and mid-sized districts are entitled to an annual allotment
121	121	in accordance with this section. In this section:
122	122	(1) "AA" is the district's annual allotment per
123	123	student in average daily attendance;
124	124	(2) "ADA" is the number of students in average daily
125	125	attendance for which the district is entitled to an allotment under
126	126	Section 48.051; and
127	127	(3) "IA" ["BA"] is the initial [basic] allotment
128	128	determined under Section 48.051.
129	129	(b) A school district that has fewer than 1,600 students in
130	130	average daily attendance is entitled to an annual allotment for
131	131	each student in average daily attendance based on the following
132	132	formula:
133	133	AA = ((1,600 - ADA) X .0004) X IA [BA]
134	134	(c) A school district that offers a kindergarten through
135	135	grade 12 program and has less than 5,000 students in average daily
136	136	attendance is entitled to an annual allotment for each student in
137	137	average daily attendance based on the formula, of the following
138	138	formulas, that results in the greatest annual allotment:
139	139	(1) the formula in Subsection (b), if the district is
140	140	eligible for that formula; or
141	141	(2) AA = ((5,000 - ADA) X .000025) X IA [BA].
142	142	(d) Instead of the allotment under Subsection (b) or (c)(1),
143	143	a school district that has fewer than 300 students in average daily
144	144	attendance and is the only school district located in and operating
145	145	in a county is entitled to an annual allotment for each student in
146	146	average daily attendance based on the following formula:
147	147	AA = ((1,600 - ADA) X .00047) X IA [BA]
148	148	SECTION 9. Sections 48.102(a) and (j), Education Code, are
149	149	amended to read as follows:
150	150	(a) For each student in average daily attendance in a
151	151	special education program under Subchapter A, Chapter 29, in a
152	152	mainstream instructional arrangement, a school district is
153	153	entitled to an annual allotment equal to the initial [basic]
154	154	allotment, or, if applicable, the sum of the initial [basic]
155	155	allotment and the allotment under Section 48.101 to which the
156	156	district is entitled, multiplied by 1.15. For each full-time
157	157	equivalent student in average daily attendance in a special
158	158	education program under Subchapter A, Chapter 29, in an
159	159	instructional arrangement other than a mainstream instructional
160	160	arrangement, a district is entitled to an annual allotment equal to
161	161	the initial [basic] allotment, or, if applicable, the sum of the
162	162	initial [basic] allotment and the allotment under Section 48.101 to
163	163	which the district is entitled, multiplied by a weight determined
164	164	according to instructional arrangement as follows:
165	165	Homebound 5.0
166	166	Hospital class 3.0
167	167	Speech therapy 5.0
168	168	Resource room 3.0
169	169	Self-contained, mild and moderate,
170	170	regular campus 3.0
171	171	Self-contained, severe, regular campus 3.0
172	172	Off home campus 2.7
173	173	Nonpublic day school 1.7
174	174	Vocational adjustment class 2.3
175	175	(j) A school district that provides an extended year program
176	176	required by federal law for special education students who may
177	177	regress is entitled to receive funds in an amount equal to 75
178	178	percent, or a lesser percentage determined by the commissioner, of
179	179	the initial [basic] allotment, or, if applicable, the sum of the
180	180	initial [basic] allotment and the allotment under Section 48.101 to
181	181	which the district is entitled for each full-time equivalent
182	182	student in average daily attendance, multiplied by the amount
183	183	designated for the student's instructional arrangement under this
184	184	section, for each day the program is provided divided by the number
185	185	of days in the minimum school year. The total amount of state
186	186	funding for extended year services under this section may not
187	187	exceed $10 million per year. A school district may use funds
188	188	received under this section only in providing an extended year
189	189	program.
190	190	SECTION 10. Section 48.103(a), Education Code, is amended
191	191	to read as follows:
192	192	(a) Subject to Subsection (b), for each student that a
193	193	school district serves who has been identified as having dyslexia
194	194	or a related disorder, the district is entitled to an annual
195	195	allotment equal to the initial [basic] allotment multiplied by 0.1
196	196	or a greater amount provided by appropriation.
197	197	SECTION 11. Sections 48.104(a), (b), (e), and (e-1),
198	198	Education Code, are amended to read as follows:
199	199	(a) For each student who does not have a disability and
200	200	resides in a residential placement facility in a district in which
201	201	the student's parent or legal guardian does not reside, a district
202	202	is entitled to an annual allotment equal to the initial [basic]
203	203	allotment multiplied by 0.2 or, if the student is educationally
204	204	disadvantaged, 0.275. For each full-time equivalent student who
205	205	is in a remedial and support program under Section 29.081 because
206	206	the student is pregnant, a district is entitled to an annual
207	207	allotment equal to the initial [basic] allotment multiplied by
208	208	2.41.
209	209	(b) For each student who is educationally disadvantaged and
210	210	resides in an economically disadvantaged census block group as
211	211	determined by the commissioner under Subsection (c), a district is
212	212	entitled to an annual allotment equal to the initial [basic]
213	213	allotment multiplied by the weight assigned to the student's census
214	214	block group under Subsection (d).
215	215	(e) If insufficient data is available for any school year to
216	216	evaluate the level of economic disadvantage in a census block
217	217	group, a school district is entitled to an annual allotment equal to
218	218	the initial [basic] allotment multiplied by 0.225 for each student
219	219	who is educationally disadvantaged and resides in that census block
220	220	group.
221	221	(e-1) For each student who is a homeless child or youth as
222	222	defined by 42 U.S.C. Section 11434a, a school district is entitled
223	223	to an annual allotment equal to the initial [basic] allotment
224	224	multiplied by the highest weight provided under Subsection (d).
225	225	SECTION 12. Section 48.1041(a), Education Code, is amended
226	226	to read as follows:
227	227	(a) The commissioner shall establish an advisory committee
228	228	to advise the agency in adopting rules for the compensatory
229	229	education allotment under Section 48.104, including:
230	230	(1) rules establishing the economic criteria
231	231	described by Section 48.104(c)(5);
232	232	(2) rules detailing the method to count students who
233	233	qualify for the allotment in:
234	234	(A) a dropout recovery school or program; or
235	235	(B) a residential treatment facility;
236	236	(3) methods for properly counting students who are
237	237	homeless within the meaning of "homeless children and youths" under
238	238	42 U.S.C. Section 11434a; and
239	239	(4) rules to determine the appropriate weight by which
240	240	to adjust the initial [basic] allotment in determining the
241	241	compensatory allotment for students described by Subdivision (3).
242	242	SECTION 13. Section 48.105(a), Education Code, is amended
243	243	to read as follows:
244	244	(a) For each student in average daily attendance in a
245	245	bilingual education or special language program under Subchapter B,
246	246	Chapter 29, a district is entitled to an annual allotment equal to
247	247	the initial [basic] allotment multiplied by:
248	248	(1) for an emergent bilingual student, as defined by
249	249	Section 29.052:
250	250	(A) 0.1; or
251	251	(B) 0.15 if the student is in a bilingual
252	252	education program using a dual language immersion/one-way or
253	253	two-way program model; and
254	254	(2) for a student not described by Subdivision (1),
255	255	0.05 if the student is in a bilingual education program using a dual
256	256	language immersion/two-way program model.
257	257	SECTION 14. Section 48.106(a), Education Code, is amended
258	258	to read as follows:
259	259	(a) For each full-time equivalent student in average daily
260	260	attendance in an approved career and technology education program
261	261	in grades 7 through 12, a district is entitled to an annual
262	262	allotment equal to the initial [basic] allotment, or, if
263	263	applicable, the sum of the initial [basic] allotment and the
264	264	allotment under Section 48.101 to which the district is entitled,
265	265	multiplied by:
266	266	(1) 1.1 for a full-time equivalent student in career
267	267	and technology education courses not in an approved program of
268	268	study;
269	269	(2) 1.28 for a full-time equivalent student in levels
270	270	one and two career and technology education courses in an approved
271	271	program of study, as identified by the agency; and
272	272	(3) 1.47 for a full-time equivalent student in levels
273	273	three and four career and technology education courses in an
274	274	approved program of study, as identified by the agency.
275	275	SECTION 15. Section 48.107(a), Education Code, is amended
276	276	to read as follows:
277	277	(a) Except as provided by Subsection (b), for each student
278	278	in average daily attendance who is using a public education grant
279	279	under Subchapter G, Chapter 29, to attend school in a district other
280	280	than the district in which the student resides, the district in
281	281	which the student attends school is entitled to an annual allotment
282	282	equal to the initial [basic] allotment multiplied by a weight of
283	283	0.1.
284	284	SECTION 16. Section 48.108(a), Education Code, is amended
285	285	to read as follows:
286	286	(a) For each student in average daily attendance in
287	287	kindergarten through third grade, a school district is entitled to
288	288	an annual allotment equal to the initial [basic] allotment
289	289	multiplied by 0.1 if the student is:
290	290	(1) educationally disadvantaged; or
291	291	(2) an emergent bilingual student, as defined by
292	292	Section 29.052, and is in a bilingual education or special language
293	293	program under Subchapter B, Chapter 29.
294	294	SECTION 17. Section 48.109(a), Education Code, is amended
295	295	to read as follows:
296	296	(a) For each identified student a school district serves in
297	297	a program for gifted and talented students that the district
298	298	certifies to the commissioner as complying with Subchapter D,
299	299	Chapter 29, a district is entitled to an annual allotment equal to
300	300	the initial [basic] allotment multiplied by 0.07 for each school
301	301	year or a greater amount provided by appropriation.
302	302	SECTION 18. Section 48.111(a), Education Code, is amended
303	303	to read as follows:
304	304	(a) Except as provided by Subsection (c), a school district
305	305	is entitled to an annual allotment equal to the initial [basic]
306	306	allotment multiplied by the applicable weight under Subsection
307	307	(a-1) for each enrolled student equal to the difference, if the
308	308	difference is greater than zero, that results from subtracting 250
309	309	from the difference between the number of students enrolled in the
310	310	district during the school year immediately preceding the current
311	311	school year and the number of students enrolled in the district
312	312	during the school year six years preceding the current school year.
313	313	SECTION 19. Section 48.115(a), Education Code, is amended
314	314	to read as follows:
315	315	(a) Except as provided by Subsection (a-1), a school
316	316	district is entitled to an annual allotment equal to the sum of the
317	317	following amounts or a greater amount provided by appropriation:
318	318	(1) $10 for each student in average daily attendance,
319	319	plus $1 for each student in average daily attendance per every $50
320	320	by which the district's maximum initial [basic] allotment under
321	321	Section 48.051 exceeds $6,160, prorated as necessary; and
322	322	(2) $15,000 per campus.
323	323	SECTION 20. Section 48.118(a), Education Code, is amended
324	324	to read as follows:
325	325	(a) For each full-time equivalent student in average daily
326	326	attendance in grades 9 through 12 in a college or career pathway
327	327	offered through a partnership under the Rural Pathway Excellence
328	328	Partnership (R-PEP) program under Section 29.912, a school district
329	329	is entitled to an allotment equal to the initial [basic] allotment,
330	330	or, if applicable, the sum of the initial [basic] allotment and the
331	331	allotment under Section 48.101 to which the district is entitled,
332	332	multiplied by:
333	333	(1) 1.15 if the student is educationally
334	334	disadvantaged; or
335	335	(2) 1.11 if the student is not educationally
336	336	disadvantaged.
337	337	SECTION 21. Section 48.202(a), Education Code, is amended
338	338	to read as follows:
339	339	(a) Each school district is guaranteed a specified amount
340	340	per weighted student in state and local funds for each cent of tax
341	341	effort over that required for the district's local fund assignment
342	342	up to the maximum level specified in this subchapter. The amount of
343	343	state support, subject only to the maximum amount under Section
344	344	48.203, is determined by the formula:
345	345	GYA = (GL X WADA X DTR X 100) - LR
346	346	where:
347	347	"GYA" is the guaranteed yield amount of state funds to be
348	348	allocated to the district;
349	349	"GL" is the dollar amount guaranteed level of state and local
350	350	funds per weighted student per cent of tax effort, which is an
351	351	amount described by Subsection (a-1) or a greater amount for any
352	352	year provided by appropriation;
353	353	"WADA" is the number of students in weighted average daily
354	354	attendance, which is calculated by dividing the sum of the school
355	355	district's allotments under Subchapters B and C by the initial
356	356	[basic] allotment for the applicable year;
357	357	"DTR" is the district enrichment tax rate of the school
358	358	district, which is determined by subtracting the amounts specified
359	359	by Subsection (b) from the total amount of maintenance and
360	360	operations taxes collected by the school district for the
361	361	applicable school year and dividing the difference by the quotient
362	362	of the district's taxable value of property as determined under
363	363	Subchapter M, Chapter 403, Government Code, or, if applicable,
364	364	under Section 48.258 or by the quotient of the value of "DPV" as
365	365	determined under Section 48.256(d) if that subsection applies to
366	366	the district, divided by 100; and
367	367	"LR" is the local revenue, which is determined by multiplying
368	368	"DTR" by the quotient of the district's taxable value of property as
369	369	determined under Subchapter M, Chapter 403, Government Code, or, if
370	370	applicable, under Section 48.258 or by the quotient of the value of
371	371	"DPV" as determined under Section 48.256(d) if that subsection
372	372	applies to the district, divided by 100.
373	373	SECTION 22. Section 48.251(a), Education Code, is amended
374	374	to read as follows:
375	375	(a) The cost of the Foundation School Program for a school
376	376	district is the total sum of:
377	377	(1) the sum of the tier one allotments and other
378	378	funding as follows:
379	379	(A) the initial [basic] allotment under
380	380	Subchapter B;
381	381	(B) the student-based allotments under
382	382	Subchapter C; and
383	383	(C) the additional funding under Subchapter D;
384	384	and
385	385	(2) the tier two allotment under Subchapter E.
386	386	SECTION 23. The heading to Section 48.2553, Education Code,
387	387	is amended to read as follows:
388	388	Sec. 48.2553. PERMITTED TAX RATE FOR MAINTENANCE OF
389	389	2020-2021 SCHOOL YEAR INITIAL [BASIC] ALLOTMENT.
390	390	SECTION 24. Sections 48.2553(a) and (b), Education Code,
391	391	are amended to read as follows:
392	392	(a) Notwithstanding any other provision of this title or
393	393	Chapter 26, Tax Code, if the maximum amount of the initial [basic]
394	394	allotment provided under Section 48.051(a) or (b) for a school year
395	395	is less than the maximum amount provided for the 2020-2021 school
396	396	year, subject to Subsection (b), a school district may adopt a
397	397	maintenance and operations tax rate that exceeds the maximum
398	398	compressed tax rate permitted under Section 48.2551, provided that:
399	399	(1) the rate adopted by the district was previously
400	400	approved by voters for a tax year subsequent to the 2005 tax year;
401	401	and
402	402	(2) the rate may not exceed the lesser of:
403	403	(A) $1.17; or
404	404	(B) the district's maximum compressed tax rate
405	405	and the additional tax rate necessary to generate the amount of
406	406	revenue equal to the difference in per student funding.
407	407	(b) Before adopting a maintenance and operations tax rate
408	408	under Subsection (a), a school district must receive approval from
409	409	the agency. To receive approval from the agency under this
410	410	subsection the district must submit the following information:
411	411	(1) a statement detailing the loss of funding to the
412	412	district that resulted from the decline in the maximum amount of the
413	413	initial [basic] allotment provided under Section 48.051(a) or (b);
414	414	(2) the proposed additional tax effort and the amount
415	415	of funding the proposed additional tax effort will generate;
416	416	(3) evidence that the proposed additional tax effort
417	417	described by Subdivision (2) had been previously authorized by
418	418	voters subsequent to the 2005 tax year; and
419	419	(4) any other information required by the
420	420	commissioner.
421	421	SECTION 25. Section 317.005(f), Government Code, is amended
422	422	to read as follows:
423	423	(f) The governor or board may adopt an order under this
424	424	section withholding or transferring any portion of the total amount
425	425	appropriated to finance the foundation school program for a fiscal
426	426	year. The governor or board may not adopt such an order if it would
427	427	result in an allocation of money between particular programs or
428	428	statutory allotments under the foundation school program contrary
429	429	to the statutory proration formula provided by Section 48.266(f),
430	430	Education Code. The governor or board may transfer an amount to the
431	431	total amount appropriated to finance the foundation school program
432	432	for a fiscal year and may increase the initial [basic] allotment.
433	433	The governor or board may adjust allocations of amounts between
434	434	particular programs or statutory allotments under the foundation
435	435	school program only for the purpose of conforming the allocations
436	436	to actual pupil enrollments or attendance.
437	437	SECTION 26. This Act takes effect September 1, 2025.