85R1787 KKA-F     By: Watson S.B. No. 360       A BILL TO BE ENTITLED   AN ACT   relating to the transportation allotment provided under the   Foundation School Program.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 42.155(b), (c), (e), (f), (i), (k), and   (l), Education Code, are amended to read as follows:          (b)  As used in this section, "eligible [:                [(1)     "Regular eligible student" means a student who   resides two or more miles from the student's campus of regular   attendance, measured along the shortest route that may be traveled   on public roads, and who is not classified as a student eligible for   special education services.                [(2)  "Eligible] special education student" means a   student who is eligible for special education services under   Section 29.003 and who would be unable to attend classes without   special transportation services.                [(3)     "Linear density" means the average number of   regular eligible students transported daily, divided by the   approved daily route miles traveled by the respective   transportation system.]          (c)  Each district or county operating a regular   transportation system is entitled to an annual allotment equal to   50 percent of [based on] the annual [daily] cost [per regular   eligible student] of operating and maintaining the regular   transportation system [and the linear density of that system]. The   commissioner shall adopt rules necessary to implement this   subsection, including rules that identify eligible components of a   district's costs for purposes of computing a district's allotment.   [In determining the cost, the commissioner shall give consideration   to factors affecting the actual cost of providing these   transportation services in each district or county. The average   actual cost is to be computed by the commissioner and included for   consideration by the legislature in the General Appropriations Act.   The allotment per mile of approved route may not exceed the amount   set by appropriation.]          (e)  The commissioner may grant an amount set by   appropriation for private or commercial transportation [for   eligible students] from isolated areas for students who are not   classified as eligible for special education services. The need   for this type of transportation grant shall be determined on an   individual basis and the amount granted shall not exceed the actual   cost. The grants may be made only in extreme hardship cases. A   grant may not be made if the students live within two miles of an   approved school bus route.          (f)  The cost of transporting career and technology   education students from one campus to another inside a district or   from a sending district to another secondary public school for a   career and technology program or an area career and technology   school or to an approved post-secondary institution under a   contract for instruction approved by the agency shall be reimbursed   based on the number of actual miles traveled times the district's   cost per mile of the regular transportation system for the   preceding year, as determined on the basis of the district's   transportation operations report [official extracurricular travel   per mile rate as set by the board of trustees and approved by the   agency].          (i)  In the case of a district belonging to a county   transportation system, the district's transportation allotment for   purposes of determining a district's foundation school program   allocations is determined on the basis of the number of students in   average daily attendance in the district in comparison to the total   number of students in average daily attendance of all districts   belonging to the county transportation system [approved daily route   miles in the district multiplied by the allotment per mile to which   the county transportation system is entitled].          (k)  Notwithstanding any other provision of this section,   the commissioner may not reduce the allotment to which a district or   county is entitled under this section because the district or   county provides transportation for a [an eligible] student to and   from a child-care facility, as defined by Section 42.002, Human   Resources Code, or a grandparent's residence instead of the   student's residence, as authorized by Section 34.007, if the   transportation is provided within the approved routes of the   district or county for the school the student attends.          (l)  A school district may, with the funds allotted under   this section, provide a bus pass or card for another transportation   system to each student [who is eligible to use the regular   transportation system of the district but] for whom the regular   transportation system of the district is not a feasible method of   providing transportation. The commissioner by rule shall provide   procedures for a school district to provide bus passes or cards to   students under this subsection.          SECTION 2.  Section 11.158(a), Education Code, is amended to   read as follows:          (a)  The board of trustees of an independent school district   may require payment of:                (1)  a fee for materials used in any program in which   the resultant product in excess of minimum requirements becomes, at   the student's option, the personal property of the student, if the   fee does not exceed the cost of materials;                (2)  membership dues in student organizations or clubs   and admission fees or charges for attending extracurricular   activities, if membership or attendance is voluntary;                (3)  a security deposit for the return of materials,   supplies, or equipment;                (4)  a fee for personal physical education and athletic   equipment and apparel, although any student may provide the   student's own equipment or apparel if it meets reasonable   requirements and standards relating to health and safety   established by the board;                (5)  a fee for items of personal use or products that a   student may purchase at the student's option, such as student   publications, class rings, annuals, and graduation announcements;                (6)  a fee specifically permitted by any other statute;                (7)  a fee for an authorized voluntary student health   and accident benefit plan;                (8)  a reasonable fee, not to exceed the actual annual   maintenance cost, for the use of musical instruments and uniforms   owned or rented by the district;                (9)  a fee for items of personal apparel that become the   property of the student and that are used in extracurricular   activities;                (10)  a parking fee or a fee for an identification card;                (11)  a fee for a driver training course, not to exceed   the actual district cost per student in the program for the current   school year;                (12)  a fee for a course offered for credit that   requires the use of facilities not available on the school premises   or the employment of an educator who is not part of the school's   regular staff, if participation in the course is at the student's   option;                (13)  a fee for a course offered during summer school,   except that the board may charge a fee for a course required for   graduation only if the course is also offered without a fee during   the regular school year;                (14)  a reasonable fee for transportation of a student   who lives within two miles of the school the student attends to and   from that school[, except that the board may not charge a fee for   transportation for which the school district receives funds under   Section 42.155(d)];                (15)  a reasonable fee, not to exceed $50, for costs   associated with an educational program offered outside of regular   school hours through which a student who was absent from class   receives instruction voluntarily for the purpose of making up the   missed instruction and meeting the level of attendance required   under Section 25.092; or                (16)  if the district does not receive any funds under   Section 42.155 and does not participate in a county transportation   system for which an allotment is provided under Section 42.155(i),   a reasonable fee for the transportation of a student to and from the   school the student attends.          SECTION 3.  Section 42.155(d), Education Code, is repealed.          SECTION 4.  This Act takes effect September 1, 2017.