85R21690 MK-F     By: King of Hemphill H.B. No. 2442       A BILL TO BE ENTITLED   AN ACT   relating to the minutes of operation required for public school   districts, charter schools, and other education programs and to   calculating the average daily attendance for certain education   programs.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 25.081, Education Code, is amended to   read as follows:          Sec. 25.081.  OPERATION OF SCHOOLS. (a)  Except as   authorized under Subsection (b) of this section, Section 25.084, or   Section 29.0821, for each school year each school district must   operate [so that the district provides] for at least 75,600   minutes, including time allocated for [of] instruction,   [including] intermissions, and recesses[,] for students.          (b)  The commissioner may approve the operation of schools   [instruction of students] for fewer than the number of minutes   required under Subsection (a) if disaster, flood, extreme weather   conditions, fuel curtailment, or another calamity causes the   closing of schools.          (c)  If the commissioner does not approve reduced operation    [instruction] time under Subsection (b), a school district may add   additional minutes to the end of the district's normal school hours   as necessary to compensate for minutes [of instruction] lost due to   school closures caused by disaster, flood, extreme weather   conditions, fuel curtailment, or another calamity.          (d)  The commissioner may adopt rules to implement this   section, including rules:                (1)  for the application, on the basis of the minimum   minutes of operation [instruction] required by Subsection (a), of   any provision of this title that refers to a minimum number of days   of instruction under this section;                (2)  to determine the minutes of operation that are   equivalent to a day of instruction;                (3)  defining instructional time, which may include   time allocated for recess and for serving breakfast or lunch to   students; and                (4)  establishing the minimum number of minutes of   instruction required for a full-day and a half-day program to meet   the time requirements under Subsection (a).          (e)  A school district or education program is exempt from   the minimum minutes of operation requirement if the district's or   program's average daily attendance is calculated under Section   42.005(j).  The commissioner may establish the alternative minimum   minutes of operation required for a district or program that is   subject to Section 42.005(j).  The commissioner's determination   under this subsection is final and may not be appealed [For purposes   of this code, a reference to a day of instruction means 420 minutes   of instruction].          (f)  The commissioner may proportionally reduce the amount   of funding a district receives under Chapter 41, 42, or 46 and the   average 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 2.  The heading to Section 25.082, Education Code,   is amended to read as follows:          Sec. 25.082.  [SCHOOL DAY;] PLEDGES OF ALLEGIANCE; MINUTE OF   SILENCE.          SECTION 3.  Section 29.0822(c), Education Code, is amended   to read as follows:          (c)  Except in the case of a course designed for a student   described by Subsection (a)(3), a course offered in a program under   this section must provide for at least the same number of   instructional hours as required for a course offered in a program   that meets the required minimum number of minutes of operation   [instructional days] under Section 25.081 [and the required length   of school day under Section 25.082].          SECTION 4.  Section 29.087(j), Education Code, is amended to   read as follows:          (j)  For purposes of funding under Chapters 41, 42, and 46, a   student attending a program authorized by this section may be   counted in attendance only for the actual number of hours each   school day the student attends the program, in accordance with   Section [Sections] 25.081 [and 25.082].          SECTION 5.  Subchapter E, Chapter 29, Education Code, is   amended by adding Section 29.162 to read as follows:          Sec. 29.162.  DETERMINATION OF FULL-DAY AND HALF-DAY.  The   commissioner may adopt rules for this subchapter establishing   full-day and half-day minutes of operation requirements as provided   by Section 25.081.          SECTION 6.  Section 30A.104(a), Education Code, is amended   to read as follows:          (a)  A course offered through the state virtual school   network must:                (1)  be in a specific subject that is part of the   required curriculum under Section 28.002(a);                (2)  be aligned with the essential knowledge and skills   identified under Section 28.002(c) for a grade level at or above   grade level three; and                (3)  be the equivalent in instructional rigor and scope   to a course that is provided in a traditional classroom setting   during[:                      [(A)]  a semester of 90 instructional days[; and                      [(B)     a school day that meets the minimum length   of a school day required under Section 25.082].          SECTION 7.  Section 37.008(a), Education Code, is amended to   read as follows:          (a)  Each school district shall provide a disciplinary   alternative education program that:                (1)  is provided in a setting other than a student's   regular classroom;                (2)  is located on or off of a regular school campus;                (3)  provides for the students who are assigned to the   disciplinary alternative education program to be separated from   students who are not assigned to the program;                (4)  focuses on English language arts, mathematics,   science, history, and self-discipline;                (5)  provides for students' educational and behavioral   needs;                (6)  provides supervision and counseling; and                (7)  employs only teachers who meet all certification   requirements established under Subchapter B, Chapter 21[; and                [(8)     provides not less than the minimum amount of   instructional time per day required by Section 25.082(a)].          SECTION 8.  Section 42.005, Education Code, is amended by   amending Subsection (a) and adding Subsections (i), (j), (k), (l),   and (m) to read as follows:          (a)  In this chapter, average daily attendance is:                (1)  the 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); [or]                (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                (4)  for a district that operates a half-day program,   one-half of the average daily attendance calculated under   Subdivision (1).          (i)  A district that operates a half-day prekindergarten   program is eligible to receive the half-day average daily   attendance calculation under Subsection (a)(4) if the district's   prekindergarten program provides at least 32,400 minutes of   instruction to students.          (j)  Notwithstanding Subsection (a), the commissioner may   calculate the average daily attendance of a district using an   alternative minimum amount of minutes of operation for:                (1)  a dropout recovery school or program; and                (2)  a school program offered at a residential or   correctional facility.          (k)  The commissioner may determine the qualifications to be   considered a dropout recovery school for the purposes of Subsection   (j).  The qualifications selected by the commissioner may differ   from the qualifications required for a dropout recovery school   under Sections 12.137 and 39.0548.          (l)  On application from an open-enrollment charter school   or a charter school operating under Subchapter E, Chapter 12, the   commissioner shall calculate the average daily attendance for the   school using an alternative minimum amount of minutes of operation   if:                (1)  during the 2014-2015 school year, the school was   eligible to earn a full average daily attendance calculation under   the applicable law governing the school during that school year;   and                (2)  the school provides at least the same amount of   instruction to students as the school provided during the 2014-2015   school year and is no longer eligible to earn the full average daily   attendance during the current school year.          (m)  To assist school districts in implementing this section   as amended by H.B. 2442, Acts of the 85th Legislature, Regular   Session, 2017, or similar legislation, the commissioner may waive a   requirement of this section or adopt rules to implement this   section.  This subsection expires September 1, 2018.          SECTION 9.  Section 25.082(a), Education Code, is repealed.          SECTION 10.  This Act applies beginning with the 2018-2019   school year.          SECTION 11.  This Act takes effect immediately if it   receives a vote of two-thirds of all the members elected to each   house, as provided by Section 39, Article III, Texas Constitution.     If this Act does not receive the vote necessary for immediate   effect, this Act takes effect September 1, 2017.