HBA-MPM H.B. 2879 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2879
By: Sadler
Public Education
7/17/2001
Enrolled


BACKGROUND AND PURPOSE 

Current state policy regarding public education requires that the public
school finance system of Texas adhere to a standard of neutrality that
provides for substantially equal access to similar revenue per student at a
similar tax effort.  Changes were needed to maintain compliance with this
equity standard.  Also, many districts struggle to build new instructional
facilities despite the institution of the instructional facilities
allotment (IFA) existing debt allotment (EDA) changes could assist more
districts with facilities.  In addition, the 76th Legislature changed the
way students from districts that do not offer all grade levels were
counted, leaving many of these districts with greatly reduced revenue.
Prior to the 77th Legislature, a substantial reduction in attendance could
leave schools overstaffed and underfunded, since funds are allocated based
on computations of the average daily attendance (ADA) for each district.
House Bill 2879 provides a three-year transition for districts that do not
offer all grade levels to restore the level of state and local revenue to
the 1999-2000 amount, modifies the IFA and EDA, increases funding for
districts that experience a rapid decline in enrollment, and modifies the
minimum salary schedule.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 2879 amends the Education Code  to modify the minimum monthly
salary schedule for certain professional staff by increasing the salary
factor for each step (Sec. 21.402). 

The bill provides that for the 2001-2002, 2002-2003, and 2003-2004 school
years, a school district that in the 1999-2000 school year did not offer
all grade levels is authorized to have, after detaching territory or
purchasing attendance credits, an equalized wealth level in the amount
needed to maintain state and local revenue in an amount equal to state and
local revenue per weighted student for maintenance and operation of the
district for the 1999-2000 school year, less the district's current year
distribution per weighted student from the available school fund other than
amounts distributed for textbooks, if the district imposes an effective tax
rate for maintenance and operation of the district equal to the rate
imposed for maintenance and operation for the 1999-2000 school year.  The
bill requires the commissioner of education to compute the wealth per
student levels using weighted average daily attendance (ADA), notify each
district that is eligible to have its wealth per student calculated in this
manner, and establish a date by which such a district must elect to have
its wealth per student computed.  The bill provides that such a district is
not entitled to state aid to achieve the permitted funding levels under the
provisions of this bill, is not subject to a limitation on tuition payments
for students in grade levels not offered by the district to be educated in
another district, is not eligible for credit for tuition payments  for
those students, and is not eligible for the property value adjustment for
school districts not offering all grade levels (Sec. 41.0021).  

H.B. 2879 requires that a school district that experiences a decline of two
percent or more in average daily attendance (ADA) be funded through the
Foundation School Program to the extent that funds are specifically
appropriated for that purpose on the basis of an ADA equal to 98 percent of
the actual ADA of the preceding school year if the decline is not the
result of the closing or reduction in personnel of a  military base.  The
bill requires the commissioner of education to adjust the ADA of school
districts that are entitled to funding on the basis of an adjusted ADA so
that all districts are funded on the basis of the same percentage of the
preceding year's actual ADA and so that the total cost to the state does
not exceed the amount specifically appropriated for that year.  The bill
provides that an open enrollment charter school is not subject to this
funding adjustment (Sec. 42.005). 

The bill provides for purposes of the compensatory education allotment that
the number of educationally disadvantaged students is determined in the
manner provided by commissioner rule if no campus in the school district
participated in the national school lunch program during the preceding
school year (Sec. 42.152). 

H.B. 2879 repeals provisions requiring the commissioner of education, for
each year of a state fiscal biennium, to reduce the guaranteed yield by an
amount sufficient to reduce state costs in an amount equal to the increase
in state costs due to the provision that a reduction in the compensatory
education allotment does not affect the computation of students in weighted
averaged daily attendance for the guaranteed yield program (SECTION 12).  

Under the instructional facilities allotment (IFA) and the existing debt
allotment (EDA), the bill authorizes the amount budgeted by a district for
payment of eligible bonds to include:  

 _bond taxes collected in the current school year; 

 _bond taxes collected in a preceding school year in excess of the amount
necessary to pay the district's share of actual debt service on bonds in
that year, provided that the taxes were not used to generate other state
financial assistance for the district; or  

 _maintenance and operations taxes collected in the current school year or
a preceding school year in excess of the amount eligible to be used to
generate other state financial assistance for the district. 

These provisions apply only to taxes collected by a school district in the
1999-2000 school year or later (Secs. 46.003 and 46.032 and SECTION 13). 

H.B. 2879 specifies that a district is not entitled to state assistance
under the IFA and EDA based on taxes with respect to which the district
receives state assistance under the guaranteed yield program (Secs. 46.012
and 46.036).  The bill increases the existing debt tax rate limit from
$0.12 to $0.29 per $100 valuation and repeals provisions authorizing the
commissioner to provide assistance under the EDA to a district that would
be entitled to the assistance but for the limit on the existing debt tax
rate ( Sec. 46.034 and SECTION 14).   

H.B. 2879 provides that school bonds are eligible to be paid with state and
local funds under the EDA if:  

 _the district made payments on the bonds during the 2000-2001 school year,
or taxes levied to pay the principal of and interest on the bonds were
included in the district's audited debt service collections for that school
year, rather than only for the 1998-1999 school year; and  

 _the district does not received state assistance for payment of the
principal and interest on the bonds under the instructional facilities
allotment (Sec. 46.033). 

H.B. 2879 authorizes the commissioner to make adjustments to amounts due to
a school district under the foundation school program, the IFA, or the EDA
or to amounts necessary for the district to comply with equalized wealth
level requirements.  The bill authorizes a school district to apply to the
commissioner to have the district's taxable property value or ad valorem
tax collections adjusted if a major taxpayer fails to pay all or a portion
of the ad valorem taxes due to the district because of a protest of the
valuation of  the taxpayer's property.  The commissioner is authorized to
make the adjustment only to the extent the commissioner determines that
doing so will not cause the amount to which school districts are entitled
to exceed the amount appropriated for purposes of the Foundation School
Program in the fiscal year in which the adjustment is made or for the
second year of the state fiscal biennium (Sec. 42.2531). 

H.B. 2879 sets forth implementation provisions for the adjustments made by
this bill (SECTION 14).  The bill requires the commissioner to assist
regional education service centers in providing financial management or
planning assistance to school districts and open-enrollment charter schools
from funds appropriated to TEA that may be used for that purpose (SECTION
15).  The bill creates the Communities in Schools Advisory Committee
(SECTION 16).   

H.B. 2879 sets forth provisions for the distribution of funds allocated by
Rider 2, Rider 55, funds appropriated to the Texas Education Agency (TEA)
under Strategy A.3.3., Strategy A.1.2., and other TEA appropriated funds
(SECTIONS 17, 18, 20, 21 and 22).  The bill limits the appropriation amount
of the funds allocated by Rider 2 to TEA or the fiscal biennium ending
August 31, 2003 (SECTION 21). The bill requires the Legislative Budget
Board to increase the number of full-time-equivalent positions authorized
for TEA by two for the fiscal year ending August 31, 2003 for purposes of
the mathematics initiative proposed by H.B. 1144 (SECTION 19). 

EFFECTIVE DATE

September 1, 2001.