By: Bucy	H.B. No. 52

Statutes affected:
Introduced: Education Code 48.005, Education Code 7.062, Education Code 11.052, Education Code 12.106, Education Code 13.051, Education Code 13.102, Education Code 13.283, Education Code 25.038, Education Code 25.045, Education Code 25.081, Education Code 25.087, Education Code 25.111, Education Code 25.112, Education Code 29.008, Education Code 29.014, Education Code 29.081, Education Code 29.0822, Education Code 29.184, Education Code 29.203, Education Code 29.403, Education Code 30.003, Education Code 30.102, Education Code 33.157, Education Code 37.0061, Education Code 37.008, Education Code 39.027, Education Code 39.262, Education Code 43.001, Education Code 44.004, Education Code 45.0011, Education Code 45.006, Education Code 45.105, Education Code 45.003, Education Code 46.005, Education Code 46.006, Education Code 46.032, Education Code 48.0051, Education Code 48.006, Education Code 48.010, Education Code 48.051, Education Code 48.052, Education Code 48.101, Education Code 48.102, Education Code 48.105, Education Code 48.106, Education Code 48.107, Education Code 48.108, Education Code 48.109, Education Code 48.115, Education Code 48.152, Education Code 48.153, Education Code 48.202, Education Code 48.256, Education Code 48.2642, Education Code 48.273, Education Code 48.277, Education Code 49.001, Education Code 49.002, Education Code 49.003, Education Code 49.151, Education Code 49.153, Education Code 49.156, Education Code 49.157, Education Code 49.158, Education Code 49.201, Education Code 49.203, Education Code 49.205, Education Code 49.257, Education Code 49.258, Education Code 49.305, Education Code 49.306, Education Code 49.311, Education Code 49.354, Government Code 403.104, Government Code 1371.001, Government Code 1431.001, Local Government Code 48.005, Tax Code 313.027 (Government Code 1431, Government Code 403, Local Government Code 48, Education Code 30, Education Code 11, Education Code 45, Education Code 3

	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