HB1889 - Relating to the use of average enrollment for purposes of the public school finance system.

  89R1505 KJE-D     By: A. Davis of Dallas H.B. No. 1889       A BILL TO BE ENTITLED   AN ACT   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 [ DAILY ATTENDANCE ]. (a)   In this chapter, average enrollment [ daily attendance ] is:                (1)  the average number of students enrolled in the   school district during a school year [ quotient of the sum of   attendance for each day of the minimum number of days of instruction   as described under Section 25.081(a) divided by the minimum number   of days of instruction;                [ (2)     for a district that operates under a flexible   year program under Section 29.0821, the quotient of the sum of   attendance for each actual day of instruction as permitted by   Section 29.0821(b)(1) divided by the number of actual days of   instruction as permitted by Section 29.0821(b)(1);                [ (3)     for a district that operates under a flexible   school day program under Section 29.0822, the average daily   attendance as calculated by the commissioner in accordance with   Sections 29.0822(d) and (d-1) ]; or                 (2)  [ (4) ]  for a district that operates a half-day   program or a full-day program under Section 29.153(c), one-half of   the average enrollment [ daily attendance ] calculated under   Subdivision (1).          (b)  A school district that experiences a decline of two   percent or more in average enrollment [ daily attendance ] shall be   funded on the basis of:                (1)  the actual average enrollment [ daily attendance ]   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   [ daily attendance ] not to exceed 98 percent of the actual average   enrollment [ daily attendance ] of the preceding school year, if the   decline is not the result of the closing or reduction in personnel   of a military base.          (c)  The commissioner shall adjust the average enrollment   [ daily attendance ] of a school district that has a significant   percentage of students who are migratory children as defined by 20   U.S.C. Section 6399.          (d)  The commissioner may adjust the average enrollment   [ daily attendance ] of a school district in which a disaster, flood,   extreme weather condition, fuel curtailment, or other calamity has   a significant effect on the district's enrollment [ attendance ]. In   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 [ daily attendance ] of school districts that are   entitled to funding on the basis of an adjusted average enrollment   [ daily attendance ] under Subsection (b)(2) so that:                (1)  all districts are funded on the basis of the same   percentage of the preceding year's actual average enrollment [ daily   attendance ]; and                (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 [ daily   attendance ] for purposes of this section.          [ (g-1)     The commissioner shall adopt rules to calculate   average daily attendance for students participating in a blended   learning program in which classroom instruction is supplemented   with applied workforce learning opportunities, including   participation of students in internships, externships, and   apprenticeships. ]          (h)   Time [ Subject to rules adopted by the commissioner under   Section 48.007(b), time ] that a student participates in an   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 [ under   Section 48.007(a) ] 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 [ daily attendance ] for   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 [ daily attendance ] under Subsection   (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 [ daily attendance ] under Subsection (a) if the   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 [ daily attendance ] under Subsection (a), as that   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 [ daily attendance ] for each program if the   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 [ daily attendance ], which may   differ based on the instructional program offered by the district   or charter school;                 (3)  [ (2) ]  establish the requirements necessary for a   school district or charter school to be eligible for one-half of   average enrollment [ daily attendance ], which may differ based on   the instructional program offered by the district or charter   school;                 (4)  [ (3) ]  proportionally reduce the average   enrollment [ daily attendance ] for a school district if any campus   or instructional program in the district provides fewer than the   required minimum minutes of instruction to students; and                 (5)  [ (4) ]  allow a grade or course repeated under   Section 28.02124 to qualify for average enrollment [ daily   attendance ] even if the student previously passed or earned credit   for the grade or course, if the grade or course would otherwise be   eligible.          (n)   The rules adopted under Subsection (m)(1) must include a   requirement that the agency use a school district's total   enrollment on the last Friday of October and March for purposes of   estimating the district's average enrollment for that school year.           (o)   To assist school districts in implementing this section   as amended by H.B. 2442, [ Acts of the ] 85th Legislature, Regular   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 [ daily attendance ] as   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 [ daily   attendance ], the boundary of a trustee district may not cross a   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   [ daily attendance ], excluding the adjustment under Section 48.052,   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), &#xA0 [Text truncated for display. Full text available on Congress.gov.]