By: Dutton (Senate Sponsor - Taylor) H.B. No. 4465          (In the Senate - Received from the House May 10, 2021;   May 10, 2021, read first time and referred to Committee on   Education; May 24, 2021, reported adversely, with favorable   Committee Substitute by the following vote:  Yeas 8, Nays 1;   May 24, 2021, sent to printer.)Click here to see the committee vote     COMMITTEE SUBSTITUTE FOR H.B. No. 4465 By:  Taylor     A BILL TO BE ENTITLED   AN ACT     relating to grants and federal disaster relief funds available to   school districts, open-enrollment charter schools, and regional   education service centers to provide services to students after a   disaster in the state of Texas.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter Z, Chapter 29, Education Code, is   amended by adding Sections 29.926 and 29.927 to read as follows:          Sec. 29.926.  GRANT PROGRAM REGARDING DISASTERS IMPACTING   STUDENT INSTRUCTION. (a) From funds available for purposes of this   section and reserved for the state for administrative purposes   under Section 313, Coronavirus Response and Relief Supplemental   Appropriations Act, 2021 (Div. M, Pub. L. No. 116-260, reprinted in   note, 20 U.S.C. Section 3401), or the American Rescue Plan Act of   2021 (Pub. L. No. 117-2, reprinted in note, 20 U.S.C. Section   3401), the commissioner shall establish a grant program to assist   school districts, open-enrollment charter schools, and regional   education service centers in overcoming the educational impact   occurring as a result of a state of disaster as declared by the   governor under Chapter 418, Government Code. The grant program may   include:                (1)  extending instructional time;                (2)  broadband grants to ensure that students have   access to remote instruction;                (3)  innovation in curriculum and instruction;                (4)  improvements in quality of air and water at school   facilities;                (5)  accelerated learning; and                (6)  comprehensive after-school learning, summer   learning, or summer enrichment.          (b)  A broadband grant under Subsection (a)(2) may include a   payment made by the agency, a contractor or subgrantee of the   agency, a school district, or an open-enrollment charter school to:                (1)  a provider of services or equipment for a student;   or                (2)  a student's parent to pay a provider of services or   equipment for the student.          (c)  The commissioner may determine the terms of a grant   awarded under this section, including:                (1)  limits on the grant amount awarded to a school   district, open-enrollment charter school, or regional education   service center; and                 (2)  the approved use of grant funds.          (d)  The agency may administer the grant program or contract   with a regional education service center to administer the grant   program.          (e)  The commissioner may recover funds not used in   accordance with the terms of a grant by withholding any state funds   otherwise due to a school district, open-enrollment charter school,   or regional education service center that is not complying with the   terms of the grant.          (f)  The commissioner may seek gifts, grants, and donations   from any public or private sources, including the federal   government, for providing grants under this section.          (g)  A decision by the commissioner under this section is   final and may not be appealed.          (h)  The commissioner may adopt rules to implement this   section.          Sec. 29.927.  FEDERAL DISASTER RELIEF FUNDS; LOCAL PLAN FOR   EXPENDITURE OF FUNDS. (a) In this section, "disaster relief funds"   means federal funds that are:                (1)  made available to the state under:                      (A)  Section 313, Coronavirus Response and Relief   Supplemental Appropriations Act, 2021 (Div. M, Pub. L. No. 116-260,   reprinted in note, 20 U.S.C. Section 3401); or                      (B)  the American Rescue Plan Act of 2021 (Pub. L.   No. 117-2, reprinted in note, 20 U.S.C. Section 3401); and                (2)  authorized or required to be allocated to local   education agencies in the state.          (b)  The state shall provide disaster relief funds to school   districts and charter schools operating under Chapter 12 in   accordance with the terms of the federal grant program under which   the funds are received. A waiver of a maintenance of effort   requirement or other provision of a federal grant requirement does   not apply to this subsection.          (c)  The board of trustees of a school district or the   governing body of an open-enrollment charter school that receives   disaster relief funds under Subsection (b) shall:                (1)  for each school year during which the funds are   permitted to be expended under the terms of the federal grant   program under which the funds were received, adopt a local plan   regarding the expenditure of the funds;                (2)  not later than the beginning of the 2023-2024   school year, ensure that students in need of remediation are   identified and receiving appropriate services to perform at grade   level;                (3)  use the funds in accordance with all requirements   established by:                      (A)  the federal grant program under which the   funds were received; or                       (B)  the United States Department of Education or   other appropriate federal authority;                (4)  adopt the local plan under Subdivision (1) at a   public meeting at which the district or school considers any   recommendations published by the commissioner regarding the use of   the funds; and                (5)  submit the district's or school's local plan to the   agency and consider the agency's comments in adopting the   district's or school's local plan for the following school year.          (d)  A local plan adopted by a school district or   open-enrollment charter school under Subsection (c)(1) must   address:                (1)  local needs for extending instructional time;                (2)  measures to ensure access to remote instruction;                (3)  innovation in curriculum and instruction;                (4)  improvements in quality of air and water at school   facilities;                (5)  accelerated learning; and                (6)  comprehensive after-school learning, summer   learning, or summer enrichment.          (e)  Funds provided to a school district or open-enrollment   charter school under this section may not be used to provide a   general increase in the district's or school's local salary   schedule but may be used to provide additional compensation for   staff providing, supporting, or supervising extended instructional   time.          (f)  The agency shall make publicly available on the agency's   Internet website each local plan adopted by a school district or   open-enrollment charter school under Subsection (c)(1).          (g)  Nothing in this section may be construed to limit the   authority of the commissioner or agency to audit or recover funds in   accordance with federal law.          (h)  This section expires September 1, 2025.          SECTION 2.  This Act takes effect September 1, 2021.     * * * * *