By: King of Hemphill H.B. No. 2442         (Senate Sponsor - Taylor of Galveston)          (In the Senate - Received from the House May 5, 2017;   May 11, 2017, read first time and referred to Committee on   Education; May 23, 2017, reported adversely, with favorable   Committee Substitute by the following vote:  Yeas 9, Nays 0;   May 23, 2017, sent to printer.)Click here to see the committee vote     COMMITTEE SUBSTITUTE FOR H.B. No. 2442 By:  Taylor of Galveston     A BILL TO BE ENTITLED   AN ACT     relating to the minimum amount of student instruction required to   be provided by public schools and education programs and   calculation of average daily attendance for public school students.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 25.081(a), (b), and (c), Education   Code, are amended to read as follows:          (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 180 days of instruction for students. A district may elect   to provide less than 180 days of instruction for students if the   district provides at least 75,600 minutes of instruction, including   intermissions and recesses, for students.          (b)  The commissioner may approve the instruction of   students for fewer than the number of days or 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   instruction time under Subsection (b), a school district may add   additional days to the district's normal school calendar or   additional minutes to the end of the district's normal school hours   as necessary to compensate for days or minutes of instruction lost   due to school closures caused by disaster, flood, extreme weather   conditions, fuel curtailment, or another calamity.          SECTION 2.  Section 25.082, Education Code, is amended by   amending Subsection (a) and adding Subsection (a-1) to read as   follows:          (a)  A school day shall be at least seven hours each day,   including intermissions and recesses, except as provided by   Subsection (a-1).          (a-1)  Subsection (a) does not apply to a campus that only   operates a program authorized as a half-day program by law or by   rule or to a charter school operating under Chapter 12.          SECTION 3.  Section 42.005, Education Code, is amended by   amending Subsection (a) and adding Subsections (a-1), (g-1), and   (i) through (o) 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 actual [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).          (a-1)  For purposes of calculating average daily attendance,   a student is eligible for inclusion on the basis of a full day of   attendance if the student is enrolled for at least 240 minutes of   instructional time.          (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   with applied workforce learning opportunities, including   participation of students in internships, externships, and   apprenticeships.          (i)  A district or a charter school operating under Chapter   12 that operates a prekindergarten program is eligible to receive   one-half of average daily attendance under Subsection (a) if the   district's or charter school's prekindergarten program provides at   least:                (1)  32,400 minutes of instructional time to students;   or                (2)  180 days of instruction to students, with a number   of hours of instruction per day that results in the equivalent of   32,400 minutes of instructional time.          (j)  A district or charter school is eligible to earn full   average daily attendance under Subsection (a) if the district or   school provides at least 43,200 minutes of instructional time to   students enrolled in:                (1)  a dropout recovery school or program operating   under Section 12.1141(c) or Section 39.0548;                 (2)  an alternative education program operating under   Section 37.008, if Section 25.082(a) does not apply to the program;                (3)  a school program located at a day treatment   facility, residential treatment facility, psychiatric hospital, or   medical hospital;                (4)  a school program offered at a correctional   facility; or                (5)  a school operating under Section 29.259.          (k)  A charter school operating under a charter granted under   Chapter 12 before September 1, 2015, is eligible to earn full   average daily attendance under Subsection (a), as that subsection   existed immediately before September 1, 2015, for:                (1)  all campuses of the charter school operating   before September 1, 2015; and                (2)  any campus or site expansion approved on or after   September 1, 2015.           (l)  A school district campus described by Section   25.082(a-1) or charter school may operate more than one program and   be eligible for full average daily attendance for each program if   the programs operated by the district campus or charter school   satisfy all applicable state and federal requirements.          (m)  In accordance with rules adopted by the commissioner,   each charter school operating under Chapter 12 shall notify the   commissioner if the charter school will provide:                (1)  at least 180 days of instruction for students; or                (2)  less than 180 days of instruction for students,   but at least 75,600 minutes of instruction, including intermissions   and recess.          (n)  The commissioner shall adopt rules necessary to   implement this section, including rules that:                (1)  establish the minimum amount of instructional time   per day that allows a school district or charter school to be   eligible for full average daily attendance, which may differ based   on the instructional program offered by the district or charter   school;                (2)  establish the requirements necessary for a school   district or charter school to be eligible for one-half of average   daily attendance, which may differ based on the instructional   program offered by the district or charter school; and                (3)  proportionally reduce the average daily   attendance for a school district if any campus or instructional   program in the district provides fewer than the required minimum   days or minutes of instruction to students.          (o)  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 at the end of the 2018-2019 school   year.          SECTION 4.  Section 25.081(e), Education Code, is repealed.          SECTION 5.  This Act applies beginning with the 2017-2018   school year.          SECTION 6.  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.     * * * * *