Bill Text: TX HB236 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to the use of average enrollment for purposes of the public school finance system.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-11-12 - Filed [HB236 Detail]
Download: Texas-2025-HB236-Introduced.html
89R2973 KJE-F | ||
By: Landgraf | H.B. No. 236 |
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relating to the use of average enrollment for purposes of the public | ||
school finance system. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 48.005, Education Code, is amended to | ||
read as follows: | ||
Sec. 48.005. AVERAGE ENROLLMENT [ |
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In this chapter, average enrollment [ |
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(1) the average number of students enrolled in the | ||
school district during a school year [ |
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[ |
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[ |
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(2) [ |
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program or a full-day program under Section 29.153(c), one-half of | ||
the average enrollment [ |
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Subdivision (1). | ||
(b) A school district that experiences a decline of two | ||
percent or more in average enrollment [ |
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funded on the basis of: | ||
(1) the actual average enrollment [ |
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of the preceding school year, if the decline is the result of the | ||
closing or reduction in personnel of a military base; or | ||
(2) subject to Subsection (e), an average enrollment | ||
[ |
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enrollment [ |
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decline is not the result of the closing or reduction in personnel | ||
of a military base. | ||
(c) The commissioner shall adjust the average enrollment | ||
[ |
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percentage of students who are migratory children as defined by 20 | ||
U.S.C. Section 6399. | ||
(d) The commissioner may adjust the average enrollment | ||
[ |
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extreme weather condition, fuel curtailment, or other calamity has | ||
a significant effect on the district's enrollment [ |
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addition to providing the adjustment for the amount of | ||
instructional days during the semester in which the calamity first | ||
occurred, an adjustment under this section may only be provided | ||
based on a particular calamity for an additional amount of | ||
instructional days equivalent to one school year. The commissioner | ||
may divide the adjustment between two consecutive school years. | ||
(e) For each school year, the commissioner shall adjust the | ||
average enrollment [ |
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entitled to funding on the basis of an adjusted average enrollment | ||
[ |
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(1) all districts are funded on the basis of the same | ||
percentage of the preceding year's actual average enrollment [ |
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(2) the total cost to the state does not exceed the | ||
amount specifically appropriated for that year for purposes of | ||
Subsection (b)(2). | ||
(f) An open-enrollment charter school is not entitled to | ||
funding based on an adjustment under Subsection (b)(2). | ||
(g) If a student may receive course credit toward the | ||
student's high school academic requirements and toward the | ||
student's higher education academic requirements for a single | ||
course, including a course provided under Section 28.009 by a | ||
public institution of higher education, the time during which the | ||
student attends the course shall be counted as part of the minimum | ||
number of instructional hours required for a student to be | ||
considered a full-time student in average enrollment [ |
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[ |
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(h) Time [ |
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off-campus instructional program provided by an entity other than a | ||
school district or open-enrollment charter school and approved by | ||
the commissioner in accordance with commissioner rule [ |
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instructional hours required for a student to be considered a | ||
full-time student in average enrollment [ |
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purposes of this section. | ||
(i) A district or a charter school operating under Chapter | ||
12 that operates a prekindergarten program is eligible to receive | ||
one-half of average enrollment [ |
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(a) if the district's or charter school's prekindergarten program | ||
provides at least 32,400 minutes of instructional time to students. | ||
(j) A district or charter school is eligible to earn full | ||
average enrollment [ |
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district or school provides at least 43,200 minutes of | ||
instructional time to students enrolled in: | ||
(1) a dropout recovery school or program operating | ||
under Section 12.1141(c) or Section 39.0548; | ||
(2) an alternative education program operating under | ||
Section 37.008; | ||
(3) a school program located at a day treatment | ||
facility, residential treatment facility, psychiatric hospital, or | ||
medical hospital; | ||
(4) a school program offered at a correctional | ||
facility; or | ||
(5) a school operating under Subchapter G, Chapter 12. | ||
(k) A charter school operating under a charter granted under | ||
Chapter 12 before January 1, 2015, is eligible to earn full average | ||
enrollment [ |
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subsection existed immediately before January 1, 2015, for: | ||
(1) all campuses of the charter school operating | ||
before January 1, 2015; and | ||
(2) any campus or site expansion approved on or after | ||
January 1, 2015, provided that the charter school received an | ||
academic accountability performance rating of C or higher, and the | ||
campus or site expansion is approved by the commissioner. | ||
(l) A school district campus or charter school described by | ||
Subsection (j) may operate more than one program and be eligible for | ||
full average enrollment [ |
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programs operated by the district campus or charter school satisfy | ||
all applicable state and federal requirements. | ||
(m) The commissioner shall adopt rules necessary to | ||
implement this section, including rules that: | ||
(1) determine the method to calculate the average | ||
number of students enrolled in a school district during a school | ||
year; | ||
(2) establish the minimum amount of instructional time | ||
per day that allows a school district or charter school to be | ||
eligible for full average enrollment [ |
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differ based on the instructional program offered by the district | ||
or charter school; | ||
(3) [ |
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school district or charter school to be eligible for one-half of | ||
average enrollment [ |
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the instructional program offered by the district or charter | ||
school; | ||
(4) [ |
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enrollment [ |
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or instructional program in the district provides fewer than the | ||
required minimum minutes of instruction to students; and | ||
(5) [ |
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Section 28.02124 to qualify for average enrollment [ |
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for the grade or course, if the grade or course would otherwise be | ||
eligible. | ||
(n) To assist school districts in implementing this section | ||
as amended by H.B. 2442, [ |
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Session, 2017, the commissioner may waive a requirement of this | ||
section or adopt rules to implement this section. | ||
SECTION 2. Section 7.062(a), Education Code, is amended to | ||
read as follows: | ||
(a) 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 [ |
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determined under Section 48.005. | ||
SECTION 3. Section 11.052(f), Education Code, is amended to | ||
read as follows: | ||
(f) If single-member trustee districts are adopted or | ||
approved as provided by this section, the board shall divide the | ||
school district into the appropriate number of trustee districts, | ||
based on the number of members of the board that are to be elected | ||
from single-member trustee districts, and shall number each trustee | ||
district. The trustee districts must be compact and contiguous and | ||
must be as nearly as practicable of equal population. In a district | ||
with 150,000 or more students in average enrollment [ |
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county election precinct boundary except at a point at which the | ||
boundary of the school district crosses the county election | ||
precinct boundary. Trustee districts must be drawn not later than | ||
the 90th day before the date of the first election of trustees from | ||
those districts. | ||
SECTION 4. Sections 12.106(a), (a-2), and (d), Education | ||
Code, are amended to read as follows: | ||
(a) A charter holder is entitled to receive for the | ||
open-enrollment charter school funding under Chapter 48 equal to | ||
the amount of funding per student in weighted average enrollment | ||
[ |
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the funding under Sections 48.101, 48.110, 48.111, and 48.112, and | ||
enrichment funding under Section 48.202(a), to which the charter | ||
holder would be entitled for the school under Chapter 48 if the | ||
school were a school district without a tier one local share for | ||
purposes of Section 48.266. | ||
(a-2) In addition to the funding provided by Subsection (a), | ||
a charter holder is entitled to receive for the open-enrollment | ||
charter school an allotment per student in average enrollment | ||
[ |
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(1) the product of: | ||
(A) the quotient of: | ||
(i) the total amount of funding provided to | ||
eligible school districts under Section 48.101(b) or (c); and | ||
(ii) the total number of students in | ||
average enrollment [ |
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receive an allotment under Section 48.101(b) or (c); and | ||
(B) the sum of one and the quotient of: | ||
(i) the total number of students in average | ||
enrollment [ |
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allotment under Section 48.101(b) or (c); and | ||
(ii) the total number of students in | ||
average enrollment [ |
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statewide; and | ||
(2) $125. | ||
(d) Subject to Subsection (e), in addition to other amounts | ||
provided by this section, a charter holder is entitled to receive, | ||
for the open-enrollment charter school, funding per student in | ||
average enrollment [ |
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guaranteed level of state and local funds per student per cent of | ||
tax effort under Section 46.032(a) multiplied by the lesser of: | ||
(1) the state average interest and sinking fund tax | ||
rate imposed by school districts for the current year; or | ||
(2) a rate that would result in a total amount to which | ||
charter schools are entitled under this subsection for the current | ||
year equal to $60 million. | ||
SECTION 5. Sections 12.263(a), (b), and (c), Education | ||
Code, are amended to read as follows: | ||
(a) Except as otherwise provided by this section, funding | ||
for an adult education program operated under a charter granted | ||
under this subchapter is an amount per participant through the | ||
Foundation School Program equal to the amount of state funding per | ||
student in weighted average enrollment [ |
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would be allocated under the Foundation School Program for the | ||
student's enrollment [ |
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school in accordance with Section 12.106. | ||
(b) For purposes of determining the average enrollment | ||
[ |
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charter granted under this subchapter, a student is considered to | ||
be in average enrollment [ |
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(1) all of the instructional days of the school year, | ||
if the student is enrolled for at least 75 percent of the school | ||
year; | ||
(2) half of the instructional days of the school year, | ||
if the student is enrolled for at least 50 percent but less than 75 | ||
percent of the school year; | ||
(3) a quarter of the instructional days of the school | ||
year, if the student is enrolled for at least 25 percent but less | ||
than 50 percent of the school year; or | ||
(4) one-tenth of the instructional days of the school | ||
year, if the student is enrolled for at least 10 percent but less | ||
than 25 percent of the school year. | ||
(c) A student enrolled in an adult education program | ||
operated under a charter granted under this subchapter for less | ||
than 10 percent of a school year may not be counted toward the adult | ||
education program's average enrollment [ |
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school year. | ||
SECTION 6. Section 13.051(c), Education Code, is amended to | ||
read as follows: | ||
(c) Territory that does not have residents may be detached | ||
from a school district and annexed to another school district if: | ||
(1) the total taxable value of the property in the | ||
territory according to the most recent certified appraisal roll for | ||
each school district is not greater than: | ||
(A) five percent of the district's taxable value | ||
of all property in that district as determined under Subchapter M, | ||
Chapter 403, Government Code; and | ||
(B) $5,000 property value per student in average | ||
enrollment [ |
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and | ||
(2) the school district from which the property will | ||
be detached does not own any real property located in the territory. | ||
SECTION 7. Section 13.102, Education Code, is amended to | ||
read as follows: | ||
Sec. 13.102. MINIMUM AREA AND ENROLLMENT [ |
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REQUIREMENTS. A new district may not be created with an area of | ||
less than nine square miles or fewer than 8,000 students in average | ||
enrollment [ |
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an area of less than nine square miles or fewer than 8,000 students | ||
in average enrollment [ |
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SECTION 8. Section 13.283, Education Code, is amended to | ||
read as follows: | ||
Sec. 13.283. PAYMENTS REDUCED. The incentive aid payments | ||
shall be reduced in direct proportion to any reduction in the | ||
average enrollment [ |
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48.005 of the reorganized school district for the preceding year. | ||
SECTION 9. 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; or | ||
(2) the maximum uniform amount 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 enrollment [ |
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district during the 2009-2010 school year. | ||
SECTION 10. Section 25.038, Education Code, is amended to | ||
read as follows: | ||
Sec. 25.038. TUITION FEE FOR TRANSFER STUDENTS. The | ||
receiving school district may charge a tuition fee to the extent | ||
that the district's actual expenditure per student in average | ||
enrollment [ |
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trustees, exceeds the sum the district benefits from state aid | ||
sources as provided by Section 25.037. However, unless a tuition | ||
fee is prescribed and set out in a transfer agreement before its | ||
execution by the parties, an increase in tuition charge may not be | ||
made for the year of that transfer that exceeds the tuition charge, | ||
if any, of the preceding school year. | ||
SECTION 11. Section 25.045(c), Education Code, is amended | ||
to read as follows: | ||
(c) A student who transfers to another school district under | ||
this section may not be charged tuition. The student is included in | ||
the average enrollment [ |
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the student attends school. | ||
SECTION 12. Sections 25.081(e) and (f), Education Code, are | ||
amended to read as follows: | ||
(e) A school district or education program is exempt from | ||
the minimum minutes of operation requirement if the district's or | ||
program's average enrollment [ |
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under Section 48.005(j). | ||
(f) The commissioner may proportionally reduce the amount | ||
of funding a district receives under Chapter 46, 48, or 49 and the | ||
average enrollment [ |
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if the district operates on a calendar that provides fewer minutes | ||
of operation than required under Subsection (a). | ||
SECTION 13. Section 25.087(d), Education Code, is amended | ||
to read as follows: | ||
(d) A student whose absence is excused under Subsection (b), | ||
(b-1), (b-2), (b-4), (b-5), (b-7), (b-8), or (c) may not be | ||
penalized for that absence and shall be counted as if the student | ||
attended school for purposes of funding under Chapter 48 | ||
[ |
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(b-1), (b-2), (b-4), (b-5), (b-7), (b-8), or (c) shall be allowed a | ||
reasonable time to make up school work missed on those days. If the | ||
student satisfactorily completes the school work, the day of | ||
absence shall be counted as a day of compulsory attendance. | ||
SECTION 14. Section 25.111, Education Code, is amended to | ||
read as follows: | ||
Sec. 25.111. STUDENT/TEACHER RATIOS. Except as provided by | ||
Section 25.112, each school district must employ a sufficient | ||
number of teachers certified under Subchapter B, Chapter 21, to | ||
maintain an average ratio of not less than one teacher for each 20 | ||
students in average enrollment [ |
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SECTION 15. Sections 25.112(a) and (b), Education Code, are | ||
amended to read as follows: | ||
(a) Except as otherwise authorized by this section, a school | ||
district may not enroll more than 22 students in a prekindergarten, | ||
kindergarten, first, second, third, or fourth grade class. That | ||
limitation does not apply during: | ||
(1) any 12-week period of the school year selected by | ||
the district, in the case of a district whose average enrollment | ||
[ |
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(2) the last 12 weeks of any school year in the case of | ||
any other district. | ||
(b) Not later than the 30th day after the first day of the | ||
12-week period for which a district whose average enrollment [ |
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exemption under Subsection (a), the district shall notify the | ||
commissioner in writing that the district is claiming an exemption | ||
for the period stated in the notice. | ||
SECTION 16. Section 29.008(b), Education Code, is amended | ||
to read as follows: | ||
(b) Except as provided by Subsection (c), costs of an | ||
approved contract for residential placement may be paid from a | ||
combination of federal, state, and local funds. The local share of | ||
the total contract cost for each student is that portion of the | ||
local tax effort that exceeds the district's local fund assignment | ||
under Section 48.256, divided by the average enrollment [ |
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facility, the state share of the total contract cost is that amount | ||
remaining after subtracting the local share. If the contract | ||
involves a public facility, the state share is that amount | ||
remaining after subtracting the local share from the portion of the | ||
contract that involves the costs of instructional and related | ||
services. For purposes of this subsection, "local tax effort" | ||
means the total amount of money generated by taxes imposed for debt | ||
service and maintenance and operation less any amounts paid into a | ||
tax increment fund under Chapter 311, Tax Code. | ||
SECTION 17. Section 29.014(b), Education Code, is amended | ||
to read as follows: | ||
(b) A school district to which this section applies may | ||
operate an extended year program for a period not to exceed 45 days. | ||
[ |
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SECTION 18. Section 29.081(f), Education Code, is amended | ||
to read as follows: | ||
(f) The commissioner shall include a student who | ||
successfully completes a course offered through a program under | ||
Subsection (e) in the computation of the district's or school's | ||
average enrollment [ |
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[ |
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[ |
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SECTION 19. Section 29.0822(d), Education Code, is amended | ||
to read as follows: | ||
(d) The commissioner may adopt rules for the administration | ||
of this section, including rules establishing application | ||
requirements. [ |
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[ |
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[ |
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SECTION 20. Section 29.184(b), Education Code, is amended | ||
to read as follows: | ||
(b) A student who attends career and technology classes at | ||
another school under a contract authorized by Subsection (a) is | ||
included in the average enrollment [ |
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district in which the student is regularly enrolled. | ||
SECTION 21. Sections 29.203(a) and (c), Education Code, are | ||
amended to read as follows: | ||
(a) A student who under this subchapter uses a public | ||
education grant to attend a public school in a school district other | ||
than the district in which the student resides is included in the | ||
average enrollment [ |
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student attends school. | ||
(c) A school district is entitled to additional facilities | ||
assistance under Section 48.301 if the district agrees to: | ||
(1) accept a number of students using public education | ||
grants that is at least one percent of the district's average | ||
enrollment [ |
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(2) provide services to each student until the student | ||
either voluntarily decides to attend a school in a different | ||
district or graduates from high school. | ||
SECTION 22. Section 29.403(b), Education Code, is amended | ||
to read as follows: | ||
(b) A student who is enrolled in a program under this | ||
subchapter is included in determining the average enrollment [ |
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SECTION 23. Section 29.457(a), Education Code, is amended | ||
to read as follows: | ||
(a) In addition to other funding to which a school district | ||
is entitled under this code, each district in which alleged | ||
offender residents attend school is entitled to an annual allotment | ||
of $5,100 for each resident in average enrollment [ |
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appropriation. | ||
SECTION 24. Section 29.912(c), Education Code, is amended | ||
to read as follows: | ||
(c) The program must enable an eligible school district that | ||
has fewer than 1,600 students in average enrollment [ |
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located within a distance of 100 miles to offer a broader array of | ||
robust college and career pathways. Each partnership must: | ||
(1) offer college and career pathways that align with | ||
regional labor market projections for high-wage, high-demand | ||
careers; and | ||
(2) be managed by a coordinating entity that: | ||
(A) has or will have at the time students are | ||
served under the partnership the capacity to effectively coordinate | ||
the partnership; | ||
(B) has entered into a performance agreement | ||
approved by the board of trustees of each partnering school | ||
district that confers on the coordinating entity the same authority | ||
with respect to pathways offered under the partnership provided to | ||
an entity that contracts to operate a district campus under Section | ||
11.174; | ||
(C) is an eligible entity as defined by Section | ||
12.101(a); and | ||
(D) has on the entity's governing board as either | ||
voting or ex officio members, or has on an advisory body, | ||
representatives of each partnering school district and members of | ||
regional higher education and workforce organizations. | ||
SECTION 25. Section 30.003(b), Education Code, is amended | ||
to read as follows: | ||
(b) If the student is admitted to the school for a full-time | ||
program for the equivalent of two long semesters, the district's | ||
share of the cost is an amount equal to the dollar amount of | ||
maintenance and debt service taxes imposed by the district for that | ||
year divided by the district's average enrollment [ |
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SECTION 26. Section 30.102(a), Education Code, is amended | ||
to read as follows: | ||
(a) The Texas Juvenile Justice Department is entitled to | ||
receive the state available school fund apportionment based on the | ||
average enrollment [ |
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educational programs of students who are at least three years of age | ||
and not older than 21 years of age. | ||
SECTION 27. Section 30A.151(f), Education Code, is amended | ||
to read as follows: | ||
(f) For a full-time electronic course program offered | ||
through the state virtual school network for a grade level at or | ||
above grade level three but not above grade level eight, a school | ||
district or open-enrollment charter school is entitled to receive | ||
federal, state, and local funding for a student enrolled in the | ||
program in an amount equal to the funding the district or school | ||
would otherwise receive for a student enrolled in the district or | ||
school. [ |
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[ |
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[ |
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[ |
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SECTION 28. Section 33.157, Education Code, is amended to | ||
read as follows: | ||
Sec. 33.157. PARTICIPATION IN PROGRAM. An elementary or | ||
secondary school receiving funding under Section 33.156 shall | ||
participate in a local Communities In Schools program if the number | ||
of students enrolled in the school who are at risk of dropping out | ||
of school is equal to at least 10 percent of the number of students | ||
in average enrollment [ |
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determined by the agency. | ||
SECTION 29. Section 37.0061, Education Code, is amended to | ||
read as follows: | ||
Sec. 37.0061. FUNDING FOR ALTERNATIVE EDUCATION SERVICES IN | ||
JUVENILE RESIDENTIAL FACILITIES. A school district that provides | ||
education services to pre-adjudicated and post-adjudicated | ||
students who are confined by court order in a juvenile residential | ||
facility operated by a juvenile board is entitled to count such | ||
students in the district's average enrollment [ |
||
for purposes of receipt of state funds under the Foundation School | ||
Program. If the district has a local revenue level greater than the | ||
guaranteed local revenue level but less than the level established | ||
under Section 48.257, the district in which the student is enrolled | ||
on the date a court orders the student to be confined to a juvenile | ||
residential facility shall transfer to the district providing | ||
education services an amount equal to the difference between the | ||
average Foundation School Program costs per student of the district | ||
providing education services and the sum of the state aid and the | ||
money from the available school fund received by the district that | ||
is attributable to the student for the portion of the school year | ||
for which the district provides education services to the student. | ||
SECTION 30. Section 37.008(f), Education Code, is amended | ||
to read as follows: | ||
(f) A student removed to a disciplinary alternative | ||
education program is counted in computing the average enrollment | ||
[ |
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SECTION 31. Section 37.011(a-4), Education Code, is amended | ||
to read as follows: | ||
(a-4) A school district located in a county considered to be | ||
a county with a population of 125,000 or less under Subsection (a-3) | ||
shall provide educational services to a student who is expelled | ||
from school under this chapter. The district is entitled to count | ||
the student in the district's average enrollment [ |
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for purposes of receipt of state funds under the Foundation School | ||
Program. An educational placement under this section may include: | ||
(1) the district's disciplinary alternative education | ||
program; or | ||
(2) a contracted placement with: | ||
(A) another school district; | ||
(B) an open-enrollment charter school; | ||
(C) an institution of higher education; | ||
(D) an adult literacy council; or | ||
(E) a community organization that can provide an | ||
educational program that allows the student to complete the credits | ||
required for high school graduation. | ||
SECTION 32. Sections 39.027(c) and (f), Education Code, are | ||
amended to read as follows: | ||
(c) The commissioner shall develop and adopt a process for | ||
reviewing the exemption process of a school district or shared | ||
services arrangement that gives an exemption under Subsection | ||
(a)(1) as follows: | ||
(1) to more than five percent of the students in the | ||
special education program, in the case of a district or shared | ||
services arrangement with an average enrollment [ |
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of at least 1,600; | ||
(2) to more than 10 percent of the students in the | ||
special education program, in the case of a district or shared | ||
services arrangement with an average enrollment [ |
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of at least 190 and not more than 1,599; or | ||
(3) to the greater of more than 10 percent of the | ||
students in the special education program or to at least five | ||
students in the special education program, in the case of a district | ||
or shared services arrangement with an average enrollment [ |
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(f) In this section, "average enrollment [ |
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SECTION 33. Section 39.053(g-1), Education Code, is amended | ||
to read as follows: | ||
(g-1) In computing dropout and completion rates such as high | ||
school graduation rates under Subsection (c)(1)(B)(ix), the | ||
commissioner shall exclude: | ||
(1) students who are ordered by a court to attend a | ||
high school equivalency certificate program but who have not yet | ||
earned a high school equivalency certificate; | ||
(2) students who were previously reported to the state | ||
as dropouts, including a student who is reported as a dropout, | ||
reenrolls, and drops out again, regardless of the number of times of | ||
reenrollment and dropping out; | ||
(3) students in attendance who are not in membership | ||
for purposes of average enrollment [ |
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(4) students whose initial enrollment in a school in | ||
the United States in grades 7 through 12 was as an unschooled asylee | ||
or refugee as defined by Section 39.027(a-1); | ||
(5) students who are detained at a county | ||
pre-adjudication or post-adjudication juvenile detention facility | ||
and: | ||
(A) in the district exclusively as a function of | ||
having been detained at the facility but are otherwise not students | ||
of the district in which the facility is located; or | ||
(B) provided services by an open-enrollment | ||
charter school exclusively as the result of having been detained at | ||
the facility; | ||
(6) students who are incarcerated in state jails and | ||
federal penitentiaries as adults and as persons certified to stand | ||
trial as adults; and | ||
(7) students who have suffered a condition, injury, or | ||
illness that requires substantial medical care and leaves the | ||
student: | ||
(A) unable to attend school; and | ||
(B) assigned to a medical or residential | ||
treatment facility. | ||
SECTION 34. Section 39.262(a), Education Code, is amended | ||
to read as follows: | ||
(a) The governor may present a financial award to the | ||
schools or districts that the commissioner determines have | ||
demonstrated the highest levels of sustained success or the | ||
greatest improvement in achieving the education goals. For each | ||
student in average enrollment [ |
||
schools or districts is entitled to an amount set for the award for | ||
which the school or district is selected by the commissioner, | ||
subject to any limitation set by the commissioner on the total | ||
amount that may be awarded to a school or district. | ||
SECTION 35. Section 43.001(c), Education Code, is amended | ||
to read as follows: | ||
(c) The term "scholastic population" in Subsection (b) or | ||
any other law governing the apportionment, distribution, and | ||
transfer of the available school fund means all students of school | ||
age [ |
||
preceding school year in the public elementary and high school | ||
grades of school districts within or under the jurisdiction of a | ||
county of this state. | ||
SECTION 36. Section 44.004(c), Education Code, is amended | ||
to read as follows: | ||
(c) The notice of public meeting to discuss and adopt the | ||
budget and the proposed tax rate may not be smaller than one-quarter | ||
page of a standard-size or a tabloid-size newspaper, and the | ||
headline on the notice must be in 18-point or larger type. Subject | ||
to Subsection (d), the notice must: | ||
(1) contain a statement in the following form: | ||
"NOTICE OF PUBLIC MEETING TO DISCUSS BUDGET AND PROPOSED TAX RATE | ||
"The (name of school district) will hold a public meeting at | ||
(time, date, year) in (name of room, building, physical location, | ||
city, state). The purpose of this meeting is to discuss the school | ||
district's budget that will determine the tax rate that will be | ||
adopted. Public participation in the discussion is invited." The | ||
statement of the purpose of the meeting must be in bold type. In | ||
reduced type, the notice must state: "The tax rate that is | ||
ultimately adopted at this meeting or at a separate meeting at a | ||
later date may not exceed the proposed rate shown below unless the | ||
district publishes a revised notice containing the same information | ||
and comparisons set out below and holds another public meeting to | ||
discuss the revised notice." In addition, in reduced type, the | ||
notice must state: "Visit Texas.gov/PropertyTaxes to find a link to | ||
your local property tax database on which you can easily access | ||
information regarding your property taxes, including information | ||
about proposed tax rates and scheduled public hearings of each | ||
entity that taxes your property."; | ||
(2) contain a section entitled "Comparison of Proposed | ||
Budget with Last Year's Budget," which must show the difference, | ||
expressed as a percent increase or decrease, as applicable, in the | ||
amounts budgeted for the preceding fiscal year and the amount | ||
budgeted for the fiscal year that begins in the current tax year for | ||
each of the following: | ||
(A) maintenance and operations; | ||
(B) debt service; and | ||
(C) total expenditures; | ||
(3) contain a section entitled "Total Appraised Value | ||
and Total Taxable Value," which must show the total appraised value | ||
and the total taxable value of all property and the total appraised | ||
value and the total taxable value of new property taxable by the | ||
district in the preceding tax year and the current tax year as | ||
calculated under Section 26.04, Tax Code; | ||
(4) contain a statement of the total amount of the | ||
outstanding and unpaid bonded indebtedness of the school district; | ||
(5) contain a section entitled "Comparison of Proposed | ||
Rates with Last Year's Rates," which must: | ||
(A) show in rows the tax rates described by | ||
Subparagraphs (i)-(iii), expressed as amounts per $100 valuation of | ||
property, for columns entitled "Maintenance & Operations," | ||
"Interest & Sinking Fund," and "Total," which is the sum of | ||
"Maintenance & Operations" and "Interest & Sinking Fund": | ||
(i) the school district's "Last Year's | ||
Rate"; | ||
(ii) the "Rate to Maintain Same Level of | ||
Maintenance & Operations Revenue & Pay Debt Service," which: | ||
(a) in the case of "Maintenance & | ||
Operations," is the tax rate that, when applied to the current | ||
taxable value for the district, as certified by the chief appraiser | ||
under Section 26.01, Tax Code, and as adjusted to reflect changes | ||
made by the chief appraiser as of the time the notice is prepared, | ||
would impose taxes in an amount that, when added to state funds to | ||
be distributed to the district under Chapter 48, would provide the | ||
same amount of maintenance and operations taxes and state funds | ||
distributed under Chapter 48 per student in average enrollment | ||
[ |
||
available to the district in the preceding school year; and | ||
(b) in the case of "Interest & Sinking | ||
Fund," is the tax rate that, when applied to the current taxable | ||
value for the district, as certified by the chief appraiser under | ||
Section 26.01, Tax Code, and as adjusted to reflect changes made by | ||
the chief appraiser as of the time the notice is prepared, and when | ||
multiplied by the district's anticipated collection rate, would | ||
impose taxes in an amount that, when added to state funds to be | ||
distributed to the district under Chapter 46 and any excess taxes | ||
collected to service the district's debt during the preceding tax | ||
year but not used for that purpose during that year, would provide | ||
the amount required to service the district's debt; and | ||
(iii) the "Proposed Rate"; | ||
(B) contain fourth and fifth columns aligned with | ||
the columns required by Paragraph (A) that show, for each row | ||
required by Paragraph (A): | ||
(i) the "Local Revenue per Student," which | ||
is computed by multiplying the district's total taxable value of | ||
property, as certified by the chief appraiser for the applicable | ||
school year under Section 26.01, Tax Code, and as adjusted to | ||
reflect changes made by the chief appraiser as of the time the | ||
notice is prepared, by the total tax rate, and dividing the product | ||
by the number of students in average enrollment [ |
||
in the district for the applicable school year; and | ||
(ii) the "State Revenue per Student," which | ||
is computed by determining the amount of state aid received or to be | ||
received by the district under Chapters 43, 46, and 48 and dividing | ||
that amount by the number of students in average enrollment [ |
||
(C) contain an asterisk after each calculation | ||
for "Interest & Sinking Fund" and a footnote to the section that, in | ||
reduced type, states "The Interest & Sinking Fund tax revenue is | ||
used to pay for bonded indebtedness on construction, equipment, or | ||
both. The bonds, and the tax rate necessary to pay those bonds, were | ||
approved by the voters of this district."; | ||
(6) contain a section entitled "Comparison of Proposed | ||
Levy with Last Year's Levy on Average Residence," which must: | ||
(A) show in rows the information described by | ||
Subparagraphs (i)-(iv), rounded to the nearest dollar, for columns | ||
entitled "Last Year" and "This Year": | ||
(i) "Average Market Value of Residences," | ||
determined using the same group of residences for each year; | ||
(ii) "Average Taxable Value of Residences," | ||
determined after taking into account the limitation on the | ||
appraised value of residences under Section 23.23, Tax Code, and | ||
after subtracting all homestead exemptions applicable in each year, | ||
other than exemptions available only to disabled persons or persons | ||
65 years of age or older or their surviving spouses, and using the | ||
same group of residences for each year; | ||
(iii) "Last Year's Rate Versus Proposed | ||
Rate per $100 Value"; and | ||
(iv) "Taxes Due on Average Residence," | ||
determined using the same group of residences for each year; and | ||
(B) contain the following information: "Increase | ||
(Decrease) in Taxes" expressed in dollars and cents, which is | ||
computed by subtracting the "Taxes Due on Average Residence" for | ||
the preceding tax year from the "Taxes Due on Average Residence" for | ||
the current tax year; | ||
(7) contain the following statement in bold print: | ||
"Under state law, the dollar amount of school taxes imposed on the | ||
residence of a person 65 years of age or older or of the surviving | ||
spouse of such a person, if the surviving spouse was 55 years of age | ||
or older when the person died, may not be increased above the amount | ||
paid in the first year after the person turned 65, regardless of | ||
changes in tax rate or property value."; | ||
(8) contain the following statement in bold print: | ||
"Notice of Voter-Approval Rate: The highest tax rate the district | ||
can adopt before requiring voter approval at an election is (the | ||
school district voter-approval rate determined under Section | ||
26.08, Tax Code). This election will be automatically held if the | ||
district adopts a rate in excess of the voter-approval rate of (the | ||
school district voter-approval rate)."; and | ||
(9) contain a section entitled "Fund Balances," which | ||
must include the estimated amount of interest and sinking fund | ||
balances and the estimated amount of maintenance and operation or | ||
general fund balances remaining at the end of the current fiscal | ||
year that are not encumbered with or by corresponding debt | ||
obligation, less estimated funds necessary for the operation of the | ||
district before the receipt of the first payment under Chapter 48 in | ||
the succeeding school year. | ||
SECTION 37. Sections 45.0011(a), (d), and (e), Education | ||
Code, are amended to read as follows: | ||
(a) This section applies only to an independent school | ||
district that, at the time of the issuance of obligations and | ||
execution of credit agreements under this section, has: | ||
(1) at least 2,000 students in average enrollment | ||
[ |
||
(2) a combined aggregate principal amount of at least | ||
$50 million of outstanding bonds and voted but unissued bonds. | ||
(d) A district may not issue bonds to which this section | ||
applies in an amount greater than the greater of: | ||
(1) 25 percent of the sum of: | ||
(A) the aggregate principal amount of all | ||
district debt payable from ad valorem taxes that is outstanding at | ||
the time the bonds are issued; and | ||
(B) the aggregate principal amount of all bonds | ||
payable from ad valorem taxes that have been authorized but not | ||
issued; | ||
(2) $25 million, in a district that has at least 3,500 | ||
but not more than 15,000 students in average enrollment [ |
||
(3) $50 million, in a district that has more than | ||
15,000 students in average enrollment [ |
||
(e) In this section, average enrollment [ |
||
is determined in the manner provided by Section 48.005. | ||
SECTION 38. Section 45.006(a), Education Code, is amended | ||
to read as follows: | ||
(a) This section applies only to a school district that: | ||
(1) has an average enrollment [ |
||
less than 10,000; and | ||
(2) is located in whole or part in a municipality with | ||
a population of less than 25,000 that is located in a county with a | ||
population of 200,000 or more bordering another county with a | ||
population of 2.8 million or more. | ||
SECTION 39. Section 45.105(d), Education Code, is amended | ||
to read as follows: | ||
(d) An independent school district that has in its limits a | ||
municipality with a population of 150,000 or more or that contains | ||
at least 170 square miles, has $850 million or more assessed value | ||
of taxable property on the most recent approved tax roll and has a | ||
growth in average enrollment [ |
||
more for each of the preceding five years as determined by the | ||
agency may, in buying school sites or additions to school sites and | ||
in building school buildings, issue and deliver negotiable or | ||
nonnegotiable notes representing all or part of the cost to the | ||
school district of the land or building. The district may secure | ||
the notes by a vendor's lien or deed of trust lien against the land | ||
or building. By resolution or order of the governing body made at | ||
or before the delivery of the notes, the district may set aside and | ||
appropriate as a trust fund, and the sole and only fund, for the | ||
payment of the principal of and interest on the notes that part of | ||
the local school funds, levied and collected by the school district | ||
in that year or subsequent years, as the governing body determines. | ||
The aggregate amount of local school funds set aside in or for any | ||
subsequent year for the retirement of the notes may not exceed, in | ||
any one subsequent year, 10 percent of the local school funds | ||
collected during that year. The district may issue the notes only | ||
if approved by majority vote of the qualified voters voting in an | ||
election conducted in the manner provided by Section 45.003 for | ||
approval of bonds. | ||
SECTION 40. 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 [ |
||
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" [ |
||
average enrollment [ |
||
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 41. 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 [ |
||
$250. | ||
SECTION 42. 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 [ |
||
determined under Section 48.005. | ||
SECTION 43. 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 [ |
||
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" [ |
||
[ |
||
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 44. Sections 48.0051(a) and (b), Education Code, | ||
are amended to read as follows: | ||
(a) The [ |
||
shall adjust the average enrollment [ |
||
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 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 enrollment [ |
||
under Section 48.005 by the amount equal to one-sixth [ |
||
students described by Subsection (a)(2) in [ |
||
additional instructional days of half-day instruction [ |
||
SECTION 45. Section 48.006, Education Code, is amended to | ||
read as follows: | ||
Sec. 48.006. AVERAGE ENROLLMENT [ |
||
DISTRICTS IN DISASTER AREA. (a) The commissioner may adjust the | ||
average enrollment [ |
||
part of which is located in an area declared a disaster area by the | ||
governor under Chapter 418, Government Code, if the district | ||
experiences a decline in average enrollment [ |
||
is reasonably attributable to the impact of the disaster. | ||
(b) The adjustment must be sufficient to ensure that the | ||
district receives funding comparable to the funding that the | ||
district would have received if the decline in average enrollment | ||
[ |
||
disaster had not occurred. | ||
(c) The commissioner may make the adjustment under this | ||
section for the two-year period following the date of the | ||
governor's initial proclamation or executive order declaring the | ||
state of disaster. | ||
(d) Section 48.005(b)(2) does not apply to a district that | ||
receives an adjustment under this section. | ||
(e) A district that receives an adjustment under this | ||
section may not receive any additional adjustment under Section | ||
48.005(d) for the decline in average enrollment [ |
||
on which the adjustment under this section is based. | ||
(f) For purposes of this title, a district's adjusted | ||
average enrollment [ |
||
considered to be the district's average enrollment [ |
||
SECTION 46. Sections 48.010(a) and (b), Education Code, are | ||
amended to read as follows: | ||
(a) Not later than July 1 of each year, the commissioner | ||
shall determine for each school district whether the estimated | ||
amount of state and local funding per student in weighted average | ||
enrollment [ |
||
the Foundation School Program for maintenance and operations for | ||
the following school year is less than the amount provided to the | ||
district for the 2010-2011 school year. If the amount estimated to | ||
be provided is less, the commissioner shall certify the percentage | ||
decrease in funding to be provided to the district. | ||
(b) In making the determinations regarding funding levels | ||
required by Subsection (a), the commissioner shall: | ||
(1) make adjustments as necessary to reflect changes | ||
in a school district's maintenance and operations tax rate; | ||
(2) for a district required to reduce its local | ||
revenue level under Section 48.257, base the determinations on the | ||
district's net funding levels after deducting any amounts required | ||
to be expended by the district to comply with Chapter 49; and | ||
(3) determine a district's weighted average enrollment | ||
[ |
||
January 1, 2011. | ||
SECTION 47. Sections 48.051(a) and (c), Education Code, are | ||
amended to read as follows: | ||
(a) For each student in average enrollment [ |
||
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 = $6,160 X TR/MCR | ||
where: | ||
"A" is the allotment to which a district is entitled; | ||
"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 maximum amount of | ||
the basic allotment provided under Subsection (a) or (b) is greater | ||
than the maximum amount provided for the preceding school year, a | ||
school district must use at least 30 percent of the amount, if the | ||
amount is greater than zero, that equals the product of the average | ||
enrollment [ |
||
amount of the difference between the district's funding under this | ||
chapter per student in average enrollment [ |
||
the current school year and the preceding school year to 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. | ||
SECTION 48. Sections 48.052(a) and (c), Education Code, are | ||
amended to read as follows: | ||
(a) Notwithstanding Section 48.051, a school district that | ||
has fewer than 130 students in average enrollment [ |
||
students in average enrollment [ |
||
kindergarten through grade 12 program and has preceding or current | ||
year's average enrollment [ |
||
students or is 30 miles or more by bus route from the nearest high | ||
school district. A district offering a kindergarten through grade 8 | ||
program whose preceding or current year's average enrollment [ |
||
bus route from the nearest high school district shall be provided a | ||
basic allotment on the basis of 75 students in average enrollment | ||
[ |
||
students shall be the basis of providing the basic allotment if a | ||
district offers a kindergarten through grade 6 program and has | ||
preceding or current year's average enrollment [ |
||
of at least 40 students or is 30 miles or more by bus route from the | ||
nearest high school district. | ||
(c) Notwithstanding Subsection (a) or Section 48.051, a | ||
school district to which this subsection applies, as provided by | ||
Subsection (b), that has fewer than 130 students in average | ||
enrollment [ |
||
on the basis of 130 students in average enrollment [ |
||
and has preceding or current year's average enrollment [ |
||
route from the nearest high school district. | ||
SECTION 49. 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 [ |
||
(2) "AE" [ |
||
enrollment [ |
||
an allotment under Section 48.051; and | ||
(3) "BA" is the basic allotment determined under | ||
Section 48.051. | ||
(b) A school district that has fewer than 1,600 students in | ||
average enrollment [ |
||
allotment for each student in average enrollment [ |
||
based on the following formula: | ||
AA = ((1,600 - AE [ |
||
(c) A school district that offers a kindergarten through | ||
grade 12 program and has less than 5,000 students in average | ||
enrollment [ |
||
for each student in average enrollment [ |
||
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 [ |
||
(d) Instead of the allotment under Subsection (b) or (c)(1), | ||
a school district that has fewer than 300 students in average | ||
enrollment [ |
||
located in and operating in a county is entitled to an annual | ||
allotment for each student in average enrollment [ |
||
based on the following formula: | ||
AA = ((1,600 - AE [ |
||
SECTION 50. Sections 48.102(a) and (j), Education Code, are | ||
amended to read as follows: | ||
(a) For each student in average enrollment [ |
||
Chapter 29, in a mainstream instructional arrangement, a school | ||
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 1.15. For each full-time equivalent student in | ||
average enrollment [ |
||
program under Subchapter A, Chapter 29, in an instructional | ||
arrangement other than a mainstream instructional arrangement, 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 a weight determined according to instructional | ||
arrangement as follows: | ||
Homebound5.0 | ||
Hospital class3.0 | ||
Speech therapy5.0 | ||
Resource room3.0 | ||
Self-contained, mild and moderate, | ||
regular campus3.0 | ||
Self-contained, severe, regular campus3.0 | ||
Off home campus2.7 | ||
Nonpublic day school1.7 | ||
Vocational adjustment class2.3 | ||
(j) A school district that provides an extended year program | ||
required by federal law for special education students who may | ||
regress is entitled to receive funds in an amount equal to 75 | ||
percent, or a lesser percentage determined by the commissioner, of | ||
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 for each full-time equivalent student in | ||
average enrollment [ |
||
designated for the student's instructional arrangement under this | ||
section[ |
||
funding for extended year services under this section may not | ||
exceed $10 million per year. A school district may use funds | ||
received under this section only in providing an extended year | ||
program. | ||
SECTION 51. Section 48.105(a), Education Code, is amended | ||
to read as follows: | ||
(a) For each student in average enrollment [ |
||
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 52. 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 [ |
||
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 [ |
||
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 53. 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 [ |
||
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 54. Section 48.108(a), Education Code, is amended | ||
to read as follows: | ||
(a) For each student in average enrollment [ |
||
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 55. 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 [ |
||
under this section. | ||
SECTION 56. Section 48.115(a), Education Code, is amended | ||
to read as follows: | ||
(a) Except as provided by Subsection (a-1), a school | ||
district is entitled to an annual allotment equal to the sum of the | ||
following amounts or a greater amount provided by appropriation: | ||
(1) $10 for each student in average enrollment [ |
||
allotment under Section 48.051 exceeds $6,160, prorated as | ||
necessary; and | ||
(2) $15,000 per campus. | ||
SECTION 57. Section 48.118(a), Education Code, is amended | ||
to read as follows: | ||
(a) For each full-time equivalent student in average | ||
enrollment [ |
||
career pathway offered through a partnership under the Rural | ||
Pathway Excellence Partnership (R-PEP) program under Section | ||
29.912, a school district is entitled to an 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) 1.15 if the student is educationally | ||
disadvantaged; or | ||
(2) 1.11 if the student is not educationally | ||
disadvantaged. | ||
SECTION 58. Sections 48.152(d) and (e), Education Code, are | ||
amended to read as follows: | ||
(d) For the first school year in which students attend a new | ||
instructional facility, a school district is entitled to an | ||
allotment of $1,000 for each student in average enrollment [ |
||
students attend that instructional facility, a school district is | ||
entitled to an allotment of $1,000 for each additional student in | ||
average enrollment [ |
||
(e) For purposes of this section, the number of additional | ||
students in average enrollment [ |
||
the difference between the number of students in average enrollment | ||
[ |
||
number of students in average enrollment [ |
||
facility in the preceding year. | ||
SECTION 59. 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 [ |
||
(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 60. Section 48.202(a), Education Code, is amended | ||
to read as follows: | ||
(a) Each school district is guaranteed a specified amount | ||
per weighted student in state and local funds for each cent of tax | ||
effort over that required for the district's local fund assignment | ||
up to the maximum level specified in this subchapter. The amount of | ||
state support, subject only to the maximum amount under Section | ||
48.203, is determined by the formula: | ||
GYA = (GL X WAE [ |
||
where: | ||
"GYA" is the guaranteed yield amount of state funds to be | ||
allocated to the district; | ||
"GL" is the dollar amount guaranteed level of state and local | ||
funds per weighted student per cent of tax effort, which is an | ||
amount described by Subsection (a-1) or a greater amount for any | ||
year provided by appropriation; | ||
"WAE" [ |
||
enrollment [ |
||
sum of the school district's allotments under Subchapters B and C by | ||
the basic allotment for the applicable year; | ||
"DTR" is the district enrichment tax rate of the school | ||
district, which is determined by subtracting the amounts specified | ||
by Subsection (b) from the total amount of maintenance and | ||
operations taxes collected by the school district for the | ||
applicable school year and dividing the difference 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 or by the quotient of the value of "DPV" as | ||
determined under Section 48.256(d) if that subsection applies to | ||
the district, divided by 100; and | ||
"LR" is the local revenue, which is determined by multiplying | ||
"DTR" 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 or by the quotient of the value of | ||
"DPV" as determined under Section 48.256(d) if that subsection | ||
applies to the district, divided by 100. | ||
SECTION 61. Section 48.252(b), Education Code, is amended | ||
to read as follows: | ||
(b) Notwithstanding any other provision of this chapter or | ||
Chapter 49, a school district subject to this section is entitled to | ||
receive for each student in average enrollment [ |
||
at the campus or program described by Subsection (a) an amount | ||
equivalent to the difference, if the difference results in | ||
increased funding, between: | ||
(1) the amount described by Section 12.106; and | ||
(2) the amount to which the district would be entitled | ||
under this chapter. | ||
SECTION 62. Section 48.2642(a), Education Code, is amended | ||
to read as follows: | ||
(a) Notwithstanding any other provision of this chapter, | ||
the commissioner shall count toward a school district's or | ||
open-enrollment charter school's average enrollment [ |
||
from high school in the district or school under the Texas First | ||
Early High School Completion Program established under Section | ||
28.0253 for the period in which the student is enrolled at an | ||
eligible institution using state credit awarded under the Texas | ||
First Scholarship Program established under Subchapter K-1, | ||
Chapter 56, based on a 100 percent attendance rate. | ||
SECTION 63. Section 48.273(a)(4), Education Code, is | ||
amended to read as follows: | ||
(4) "Wealth per student" means the taxable property | ||
values reported by the comptroller to the commissioner under | ||
Section 48.256 divided by the number of students in average | ||
enrollment [ |
||
SECTION 64. Section 48.277(a), Education Code, is amended | ||
to read as follows: | ||
(a) A school district or open-enrollment charter school is | ||
entitled to receive an annual allotment for each student in average | ||
enrollment [ |
||
difference, if the difference is greater than zero, that results | ||
from subtracting the total maintenance and operations revenue per | ||
student in average enrollment [ |
||
school year from the lesser of: | ||
(1) 103 percent of the district's or school's total | ||
maintenance and operations revenue per student in average | ||
enrollment [ |
||
the district or school would have received under former Chapters 41 | ||
and 42, as those chapters existed on January 1, 2019; or | ||
(2) 128 percent of the statewide average amount of | ||
maintenance and operations revenue per student in average | ||
enrollment [ |
||
2019-2020 school year under former Chapters 41 and 42, as those | ||
chapters existed on January 1, 2019. | ||
SECTION 65. Section 49.001(2), Education Code, is amended | ||
to read as follows: | ||
(2) "Weighted average enrollment [ |
||
has the meaning assigned by Section 48.202. | ||
SECTION 66. Section 49.002, Education Code, is amended to | ||
read as follows: | ||
Sec. 49.002. OPTIONS TO REDUCE LOCAL REVENUE LEVEL. A | ||
district with a local revenue level in excess of entitlement may | ||
take any combination of the following actions to reduce the | ||
district's revenue level: | ||
(1) consolidation with another district as provided by | ||
Subchapter B; | ||
(2) detachment of territory as provided by Subchapter | ||
C; | ||
(3) purchase of [ |
||
provided by Subchapter D; | ||
(4) education of nonresident students as provided by | ||
Subchapter E; or | ||
(5) tax base consolidation with another district as | ||
provided by Subchapter F. | ||
SECTION 67. Section 49.003, Education Code, is amended to | ||
read as follows: | ||
Sec. 49.003. INCLUSION OF ATTENDANCE CREDIT AND | ||
NONRESIDENTS IN WEIGHTED AVERAGE ENROLLMENT [ |
||
determining whether a school district has a local revenue level in | ||
excess of entitlement, the commissioner shall use: | ||
(1) the district's final weighted average enrollment | ||
[ |
||
(2) the amount of attendance credit a district | ||
purchases under Subchapter D or the number of nonresident students | ||
a district educates under Subchapter E for a school year. | ||
SECTION 68. Section 49.158(a), Education Code, is amended | ||
to read as follows: | ||
(a) Sections 49.154 and 49.157 apply only to a district | ||
that: | ||
(1) executes an agreement to purchase attendance | ||
credit necessary to reduce the district's local revenue level to | ||
the level established under Section 48.257; | ||
(2) executes an agreement to purchase attendance | ||
credit and an agreement under Subchapter E to contract for the | ||
education of nonresident students who transfer to and are educated | ||
in the district but who are not charged tuition; or | ||
(3) executes an agreement under Subchapter E to | ||
contract for the education of nonresident students: | ||
(A) to an extent that does not provide more than | ||
10 percent of the reduction in local revenue required for the | ||
district to achieve a local revenue level that is equal to or less | ||
than the level established under Section 48.257; and | ||
(B) under which all revenue paid by the district | ||
to other districts, in excess of the reduction in state aid that | ||
results from counting the weighted average enrollment [ |
||
required to be used for funding a consortium of at least three | ||
districts in a county with a population of less than 40,000 that is | ||
formed to support a technology initiative. | ||
SECTION 69. Section 49.201, Education Code, is amended to | ||
read as follows: | ||
Sec. 49.201. AGREEMENT. The board of trustees of a | ||
district with a local revenue level in excess of entitlement may | ||
execute an agreement to educate the students of another district in | ||
a number that, when the weighted average enrollment [ |
||
enrollment [ |
||
sufficient, in combination with any other actions taken under this | ||
chapter, to reduce the district's local revenue level to a level | ||
that is equal to or less than the level established under Section | ||
48.257. The agreement is not effective unless the commissioner | ||
certifies that the transfer of weighted average enrollment [ |
||
local revenue level being greater than the level established under | ||
Section 48.257 and that the agreement requires an expenditure per | ||
student in weighted average enrollment [ |
||
at least equal to the amount per student in weighted average | ||
enrollment [ |
||
SECTION 70. Section 49.203, Education Code, is amended to | ||
read as follows: | ||
Sec. 49.203. WEIGHTED AVERAGE ENROLLMENT [ |
||
purposes of Chapter 48, students served under an agreement under | ||
this subchapter are counted only in the weighted average enrollment | ||
[ |
||
that students served under an agreement authorized by Section | ||
49.205 are counted in a manner determined by the commissioner. | ||
SECTION 71. Section 49.257(b), Education Code, is amended | ||
to read as follows: | ||
(b) Each component district shall bear a share of the costs | ||
of assessing and collecting taxes in proportion to the component | ||
district's share of weighted average enrollment [ |
||
in the consolidated taxing district. | ||
SECTION 72. Section 49.258, Education Code, is amended to | ||
read as follows: | ||
Sec. 49.258. REVENUE DISTRIBUTION. The consolidated taxing | ||
district shall distribute maintenance tax revenue to the component | ||
districts on the basis of the number of students in weighted average | ||
enrollment [ |
||
SECTION 73. Sections 49.305(c) and (d), Education Code, are | ||
amended to read as follows: | ||
(c) If the detachment of whole parcels or items of property | ||
as provided by Subsection (a) would result in a district's local | ||
revenue level that is less than the level established under Section | ||
48.257 by more than the product of $10,000 multiplied by weighted | ||
average enrollment [ |
||
detach the last parcel or item of property and shall detach the next | ||
one or more parcels or items of property in descending order of | ||
taxable value that would result in the school district having a | ||
local revenue level that is equal to or less than the level | ||
established under Section 48.257 by not more than the product of | ||
$10,000 multiplied by weighted average enrollment [ |
||
(d) Notwithstanding Subsections (a), (b), and (c), the | ||
commissioner may detach only a portion of a parcel or item of | ||
property if: | ||
(1) it is not possible under this subchapter to reduce | ||
the district's local revenue level to a level that is equal to or | ||
less than the level established under Section 48.257 unless some or | ||
all of the parcel or item of property is detached and the detachment | ||
of the whole parcel or item would result in the district from which | ||
it is detached having a local revenue level that is less than the | ||
level established under Section 48.257 by more than the product of | ||
$10,000 multiplied by weighted average enrollment [ |
||
(2) the commissioner determines that a partial | ||
detachment of that parcel or item of property is preferable to the | ||
detachment of one or more other parcels or items having a lower | ||
taxable value in order to minimize the number of parcels or items of | ||
property to be detached consistent with the purposes of this | ||
chapter. | ||
SECTION 74. Section 49.306(i), Education Code, is amended | ||
to read as follows: | ||
(i) The commissioner may order the annexation of a portion | ||
of a parcel or item of property, including a portion of property | ||
treated as a whole parcel or item under Subsection (h), if: | ||
(1) the annexation of the whole parcel or item would | ||
result in the district eligible to receive it in the appropriate | ||
priority order provided by this section having a local revenue | ||
level greater than the amount by which the product of $10,000 | ||
multiplied by weighted average enrollment [ |
||
exceeds the taxable value of property necessary to generate | ||
maintenance and operations tax revenue in the amount equal to the | ||
district's entitlement under Section 48.202(a-1)(2); or | ||
(2) the commissioner determines that annexation of | ||
portions of the parcel or item would reduce disparities in district | ||
taxable values of property necessary to generate maintenance and | ||
operations tax revenue in the amount equal to a district's | ||
entitlement under Section 48.202(a-1)(2) more efficiently than | ||
would be possible if the parcel or item were annexed as a whole. | ||
SECTION 75. Section 49.311, Education Code, is amended to | ||
read as follows: | ||
Sec. 49.311. STUDENT ATTENDANCE. A student who is a | ||
resident of real property detached from a school district may | ||
choose to attend school in that district or in the district to which | ||
the property is annexed. For purposes of determining average | ||
enrollment [ |
||
shall be counted in the district to which the property is annexed. | ||
If the student chooses to attend school in the district from which | ||
the property is detached, the state shall withhold any foundation | ||
school funds from the district to which the property is annexed and | ||
shall allocate to the district in which the student is attending | ||
school those funds and the amount of funds equal to the difference | ||
between the state funds the district is receiving for the student | ||
and the district's cost in educating the student. | ||
SECTION 76. Section 49.354(e), Education Code, is amended | ||
to read as follows: | ||
(e) A restored district's proportionate share of fund | ||
balances, personal property, or indebtedness is equal to the | ||
proportion that the number of students in average enrollment [ |
||
students in average enrollment [ |
||
consolidated district. | ||
SECTION 77. Section 403.104(d), Government Code, is amended | ||
to read as follows: | ||
(d) The proportionate share of an independent school | ||
district is determined by multiplying the total amount of the | ||
payment available for distribution to school districts by the ratio | ||
that the average number of [ |
||
reside in the county and are enrolled in [ |
||
district bears to the average number of [ |
||
students who reside in the county and are enrolled in [ |
||
any independent school district. However, if there are fewer than | ||
10 independent school districts located in whole or part in the | ||
county and if an independent school district would receive under | ||
this formula less than 10 percent of the total payment available for | ||
distribution to independent school districts, the school | ||
district's share shall be increased to 10 percent of the total | ||
payment and the shares of the school districts that would receive | ||
more than 10 percent under the formula shall be reduced | ||
proportionately, but not to an amount less than 10 percent of the | ||
total payment. [ |
||
SECTION 78. Section 1371.001(4), Government Code, is | ||
amended to read as follows: | ||
(4) "Issuer" means: | ||
(A) a home-rule municipality that: | ||
(i) adopted its charter under Section 5, | ||
Article XI, Texas Constitution; | ||
(ii) has a population of 50,000 or more; and | ||
(iii) has outstanding long-term | ||
indebtedness that is rated by a nationally recognized rating agency | ||
for municipal securities in one of the four highest rating | ||
categories for a long-term obligation; | ||
(B) a conservation and reclamation district | ||
created and organized as a river authority under Section 52, | ||
Article III, or Section 59, Article XVI, Texas Constitution; | ||
(C) a joint powers agency organized and operating | ||
under Chapter 163, Utilities Code; | ||
(D) a metropolitan rapid transit authority, | ||
regional transportation authority, or coordinated county | ||
transportation authority created, organized, or operating under | ||
Chapter 451, 452, or 460, Transportation Code; | ||
(E) a conservation and reclamation district | ||
organized or operating as a navigation district under Section 52, | ||
Article III, or Section 59, Article XVI, Texas Constitution; | ||
(F) a district organized or operating under | ||
Section 59, Article XVI, Texas Constitution, that has all or part of | ||
two or more municipalities within its boundaries; | ||
(G) a state agency, including a state institution | ||
of higher education; | ||
(H) a hospital authority created or operating | ||
under Chapter 262 or 264, Health and Safety Code, in a county that: | ||
(i) has a population of more than 3.3 | ||
million; or | ||
(ii) is included, in whole or in part, in a | ||
standard metropolitan statistical area of this state that includes | ||
a county with a population of more than 2.5 million; | ||
(I) a hospital district in a county that has a | ||
population of more than 2.5 million; | ||
(J) a nonprofit corporation organized to | ||
exercise the powers of a higher education loan authority under | ||
Section 53B.47(e), Education Code; | ||
(K) a county: | ||
(i) that has a population of more than 3.3 | ||
million; or | ||
(ii) that, on the date of issuance of | ||
obligations under this chapter, has authorized, outstanding, or any | ||
combination of authorized and outstanding, indebtedness of at least | ||
$100 million secured by and payable from the county's ad valorem | ||
taxes and the authorized long-term indebtedness of which is rated | ||
by a nationally recognized rating agency of securities issued by | ||
local governments in one of the four highest rating categories for a | ||
long-term obligation; | ||
(L) an independent school district that has an | ||
average enrollment [ |
||
determined under Section 48.005, Education Code; | ||
(M) a municipality or county operating under | ||
Chapter 334, Local Government Code; | ||
(N) a district created under Chapter 335, Local | ||
Government Code; | ||
(O) a junior college district that has a total | ||
headcount enrollment of 40,000 or more based on enrollment in the | ||
most recent regular semester; or | ||
(P) an issuer, as defined by Section 1201.002, | ||
that has: | ||
(i) a principal amount of at least $100 | ||
million in outstanding long-term indebtedness, in long-term | ||
indebtedness proposed to be issued, or in a combination of | ||
outstanding or proposed long-term indebtedness; and | ||
(ii) some amount of long-term indebtedness | ||
outstanding or proposed to be issued that is rated in one of the | ||
four highest rating categories for long-term debt instruments by a | ||
nationally recognized rating agency for municipal securities, | ||
without regard to the effect of any credit agreement or other form | ||
of credit enhancement entered into in connection with the | ||
obligation. | ||
SECTION 79. Section 1431.001(3), Government Code, is | ||
amended to read as follows: | ||
(3) "Eligible school district" means an independent | ||
school district that has an average enrollment [ |
||
of 190,000 or more as determined under Section 48.005, Education | ||
Code. | ||
SECTION 80. Section 325.011(a), Local Government Code, is | ||
amended to read as follows: | ||
(a) The district is governed by a board of directors | ||
composed of five members, with two directors appointed by the | ||
commissioners court of the county, two directors appointed by the | ||
governing body of the municipality having the largest population in | ||
the county, and one director appointed by the governing body of the | ||
school district with the largest number of students in average | ||
enrollment [ |
||
manage the district and administer this chapter. | ||
SECTION 81. Section 1, Article 2688d, Vernon's Texas Civil | ||
Statutes, is amended to read as follows: | ||
Section 1. In all counties of the State where, according to | ||
the preceding annual statistical report of the schools said county | ||
has not more than four (4) school districts, with one (1) of such | ||
districts comprising more than half of the county and having more | ||
than two thousand (2,000) pupils in average enrollment [ |
||
an assessed valuation of more than Twenty Million Dollars | ||
($20,000,000) and where there is only one (1) common school | ||
district in such county with an average enrollment [ |
||
superintendent is hereby abolished, to be effective at the end of | ||
the term of the incumbent county superintendent, as is now provided | ||
by law. | ||
SECTION 82. The following provisions of the Education Code | ||
are repealed: | ||
(1) Section 29.0822(d-1); and | ||
(2) Section 48.007. | ||
SECTION 83. This Act takes effect September 1, 2025. |