SB233 - Relating to the public school finance system.

  89R4155 KJE-D     By: Johnson S.B. No. 233       A BILL TO BE ENTITLED   AN ACT   relating to the public school finance system.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  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 2.  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 3.  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),   a charter holder is entitled to receive for the open-enrollment   charter school an allotment per student in average enrollment   [ daily attendance ] in an amount equal to the difference between:                (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 [ daily attendance ] in school districts that   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 [ daily attendance ] in school districts that receive an   allotment under Section 48.101(b) or (c); and                            (ii)  the total number of students in   average enrollment [ daily attendance ] in school districts   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 [ daily attendance ] in an amount equal to the   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 4.  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 [ daily attendance ] that   would be allocated under the Foundation School Program for the   student's enrollment  [ attendance ] at an open-enrollment charter   school in accordance with Section 12.106.          (b)  For purposes of determining the average enrollment   [ daily attendance ] of an adult education program operated under a   charter granted under this subchapter, a student is considered to   be in average enrollment [ daily attendance, with a 100 percent   attendance rate, ] for:                (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 [ daily attendance ] for that   school year.          SECTION 5.  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 [ daily attendance ] as determined under Section 48.005;   and                (2)  the school district from which the property will   be detached does not own any real property located in the territory.          SECTION 6.  Section 13.102, Education Code, is amended to   read as follows:          Sec. 13.102.  MINIMUM AREA AND ENROLLMENT  [ ATTENDANCE ]   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 [ daily attendance ], and a district may not be reduced to   an area of less than nine square miles or fewer than 8,000 students   in average enrollment [ daily attendance ].          SECTION 7.  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 [ daily attendance ] as determined under Section   48.005 of the reorganized school district for the preceding year.          SECTION 8.  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 [ daily attendance ] in the   district during the 2009-2010 school year.          SECTION 9.  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 [ daily attendance ], as determined by its board of   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 10.  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 [ daily attendance ] of the district in which   the student attends school.          SECTION 11.  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 [ daily attendance ] is calculated   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 [ daily attendance ] calculation for the district   if the district operates on a calendar that provides fewer minutes   of operation than required under Subsection (a).          SECTION 12.  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   [ calculating the average daily attendance of students in the school   district ]. 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