Welcome to the start of the Best School Year Ever!

2021 Legislative UpdateMay 24, 2021

87TH LEGISLATIVE SESSION• May 22, 2021: Last day for House Committees to report Senate bills• May 25, 2021: Last day for House to consider 2nd reading of Senate

bills (Critical deadline – if House hasn’t passed by midnight, bill is dead.)

• May 28, 2021: Budget Conference Committee Report must be distributed

• May 29, 2021: All House Conference Committee Reports must be distributed

• May 30, 2021: Last day for House to adopt Conference Committee Reports

• May 31, 2021: Last Day of Regular Session

87TH LEGISLATIVE SESSION

• 976 bills filed affecting school districts• 173 bills have passed original chamber• 33 bills have passed both chambers• 20 bills have been sent to the Governor• 5 bills enacted

NORTHWEST ISD2021 LEGISLATIVE PRIORITIES

Assessment & Accountability

School Finance

North Texas Transportation

School Safety & SecurityFast Growth

Targeted Messages

Elections and Ballot Requirements

Reading Academies

State Budget Loss and Fast Growth

BILLS OF INTEREST – CONSIDERED DEAD

• HB 3445 – Fund Balance Limits• HB 749 / SB 234 – Taxpayer Funded Lobbying• SB 28 – Charter School Expansion• SB 27 – Virtual School Network• HB 3270 – Accountability and Fiscal Management• HB 35 & HB 330 – Required Voter Turnout

Bills of InterestSB 1 – Nelson – State Budget Bill• Conference Committee announced they reached consensus on Wednesday, May 19.• Fully funds FSP and HB 3.• Key House Amendments have been removed:

• Amendment to require legislature to be in session for federal funds to be appropriated• Amendment to require federal funds to supplement state funds, not supplant• Amendment to prohibit use of state funds from supporting a school voucher, education savings account, or

tax credit scholarship program• Gov. Abbott told lawmakers Thursday evening that he will call a special session to allocate federal

funds. • School funding reduction – the $100 million per year for New Instructional Materials Allotment was

reduced to $70 million each year. (For a total reduction of $60 million.)• Now includes $60 million in new spending on supplemental services and materials for special

education (as determined by parent) – as proposed by SB 1716.• Passed out of Senate and House.

Bills of InterestHB 3 Cleanup Bill

HB 1525 - Huberty• Addresses 21 different issues identified after the implementation of

HB 3.• Compensatory education for homeless students, addition of associate degree

to CCMR Outcomes Bonus, CTE weights, tax rate modifications, etc.• Fast Growth Allotment

• Growth above 250 enrollment over 6-year period• Weight moves from .04 to .35 and only applies to new enrollment• Proposed Amendment includes top quartile qualification, which would

expand qualification to 130 small and mid-size districts (and would thin the overall Fast Growth Allotment)

Bills of InterestHB 3 Cleanup Bill

HB 1525 – Huberty (Continued)• Formula Transition Grant Cap of $400 million per year

• TEA estimates show $269 million for 2022 and $366 million for 2023 – but these same calculations were incorrect last session.

• Proposed Amendment repeals this limit.• Section 25 – Maintenance of Effort of Federal Funds

• Applies to districts receiving at least $500,000 in ESSER III funds.• Requires districts to reserve a percentage set by Commissioner, which would be usable

beginning in 2024-2025 school year.• Proposed Amendment clarifies that Commissioner’s adjustments may only be increases and

adds specificity to require that districts set aside an amount of local funds equal to 40% of their ESSER III distribution.

Bills of InterestHB 3 Cleanup Bill

HB 1525 – Huberty (Continued)• Proposed Amendment creates an outcomes-based bonus for students who have previously failed

a state assessment and subsequently passed.

• Proposed Amendment creates a supplemental services program for parents of students in special education to direct the use of up to $1,500 per student - as proposed by SB 1716.

• Proposed Amendment would allow for students to qualify for ADA while in an off-campus remote learning setting (limited to 10% of total enrollment).

• Voted out of the House 4.22.21. Voted out of Senate Committee 5.14.21. (Appears Senate’s consideration of HB 1525 is being held until House considers other bills – like SB 1365.)

Encouraged NISD Advocacy Committee to ensure positive financial impact before Senators approve.

BILLS OF INTERESTSB 1365 – Bettencourt – Accountability and Commissioner

• Relating to public school organization, accountability, and fiscal management.

• Original bill:• Makes Commissioner decisions regarding school sanctions “final and unappealable” and prohibits local funds

from being used to initiate or maintain any action or proceeding against the state arising from such a decision. • Gives Commissioner discretionary authority to substitute his judgment for that of local voters and school

board trustees.• Makes several changes to special investigations TEA may conduct of districts. • Allows Commissioner to grant an accountability rating of "not rated" if the school/district is subject to a

declaration of a state disaster.

• Bill has been rewritten, with Dutton taking lead.

• Substitute improves due process for school districts and campus accountability ratings; however still allows for broad Commissioner authority to impose sanctions and interventions without a set standard.

• Passed by Senate 5.5.21; Reported out of House Committee 5.14.21; Placed on Major State Calendar 5.25.21.

BILLS OF INTERESTSB 10 – Bettencourt – Lobbying Prohibition • Originally impacted only municipalities and counties, with amendments now

includes school districts and other government entities.• Originally impacted ability to join associations that lobby and limited ability to

state “for” or “against” legislation – particularly tax issues.• Now requires more transparency (website postings) rather than prohibition.• TASA advocates that SB 10 as voted out of the House State Affairs strikes a

balance between need for transparency, use of public funds spent on advocacy efforts, and the ability to engage in the legislative process.

• Passed Senate 4.15.21; Passed House State Affairs 5.19.21; Placed on House Calendar 5.24.21.

BILLS OF INTERESTHB 1468 – Bell – Virtual Instruction• Bill substitute:

• Allows schools to create their own virtual instruction programs for students who live within their district.

• Exempts virtual students from 90% rule.• Requires that a school must receive at least a C state rating to offer virtual.• Requires that virtual students have reasonable access to in-person services.• Allows a school to bring a student back to campus if not meeting academic standards.• Allows schools to enter into agreements with other districts to provide virtual instruction.• Allows virtual students to participate in UIL activities.• Requires Commissioner to evaluate virtual performance separately.• Prohibits schools from enrolling more than 10% of students in virtual program.• Sets expiration date of September 1, 2023 for this legislation.

• Passed House on 4.28.21. Senate reported favorably as substituted 5.24.21.

BILLS OF INTERESTHB 547 – Frank – Homeschool Students & UIL Participation• Relating to authorizing equal opportunity for access by home-

schooled students to University Interscholastic League sponsored activities; authorizing a fee.

• Gives districts the option to allow homeschool students to participate in UIL-sponsored school district extracurricular activities on behalf of the school

• Passed by House 5.13.21; Passed by Senate 5.22.21.

BILLS OF INTERESTHB 690 – Metcalf – Required School Board Safety Course• Requires school board members to take a course on school safety

created by the Texas School Safety Center and State Board of Education.

• Passed the House 4.8.21; Passed the Senate 5.19.21; Sent to the Governor 5.22.21.

BILLS OF INTERESTSB 179 – Lucio – School Board Policy & Counselor’s Time• Requires school board to adopt a policy that requires a school counselor to

spend at least 80% of the counselor’s work time on duties that are components of a school counseling program. Time spent administering assessments would not be considered time spent counseling.

• If the school board determines the counselor must spend less than 80% of total work time on counseling duties, the adopted policy must include reasons why the counselor needs to spend less than 80% of work time on counseling, list the duties that are expected, and set a percentage of work time that the counselor is required to spend on the counseling program.

• Passed by Senate 4.13.21; Passed by the House 5.24.21.

Questions?