The commissioner may annex a school district rated academically unacceptable for two years to adjoining districts, and later funding and state aid rules apply.
Sec. 13.054. ACADEMICALLY UNACCEPTABLE SCHOOL DISTRICTS. (a) The commissioner by order may annex to one or more adjoining districts a school district that has been rated as academically unacceptable for a period of two years. (b) The governing board of a district to which territory of an academically unacceptable district is annexed is the governing board for the new district. (c) The order of the commissioner shall define by legal boundary description the territory of the new district as enlarged. (d) Title to the real property of the academically unacceptable district vests in the district to which the property is annexed. Each district to which territory is annexed assumes and is liable for any portion of the academically unacceptable district's indebtedness that is allocated to the receiving district under Section 13.004. (e) Before the commissioner orders an annexation under this section, the commissioner shall investigate the educational and financial impact of the annexation on the receiving district. The commissioner may order the annexation only if the commissioner finds that the annexation will not substantially impair the ability of the receiving district to educate the students located in the district before the annexation and to meet its financial obligations incurred before the annexation. (f) For five years beginning with the school year in which the annexation occurs, a school district shall receive additional funding under this subsection or Subsection (h). The amount of funding shall be determined by multiplying the lesser of the enlarged district's local fund assignment computed under Section 48.256 or the enlarged district's total cost of tier one by a fraction, the numerator of which is the number of students residing in the territory annexed to the receiving district preceding the date of the annexation and the denominator of which is the number of students residing in the district as enlarged on the date of the annexation, and multiplying the resulting product by the quotient of the enlarged district's maximum compressed tax rate, as determined under Section 48.2551, for the current school year divided by the receiving district's maximum compressed tax rate, as determined under Section 48.2551, for the year in which the annexation occurred. (g) In order to assist with the costs of facility renovation, repair, and replacement, a district to which territory is annexed under this section is entitled to additional state aid for five years, beginning with the school year in which the annexation occurs. The commissioner shall determine the amount of additional state aid provided each year by dividing the amount of debt service taxes received by the district during the tax year preceding the tax year in which the annexation occurs by the number of students enrolled in the district immediately preceding the date of annexation, and multiplying that result by the number of additional students enrolled in the district on September 1 after the date of annexation. The commissioner shall provide additional state aid under this subsection from funds appropriated for purposes of the Foundation School Program. A determination by the commissioner under this subsection is final and may not be appealed. (h) The commissioner may authorize a district to receive payments provided by Subchapter G, instead of Subsection (f), if the commissioner determines that would result in greater payments for the district. A determination by the commissioner is final and may not be appealed. (i) The funding provided under Subsection (f), (g), or (h) is in addition to other funding the district receives through other provisions of this code, including Chapters 48 and 49. (j) The commissioner may adopt rules as necessary to implement this section. Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by: Acts 2017, 85th Leg., R.S., Ch. 425 (S.B. 1353), Sec. 1, eff. June 1, 2017. Acts 2017, 85th Leg., 1st C.S., Ch. 8 (H.B. 21), Sec. 2, eff. November 14, 2017. Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.003, eff. September 1, 2019. Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1A.001, eff. September 1, 2020. Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.011, eff. September 1, 2019. SUBCHAPTER C. CREATION OF DISTRICT BY DETACHMENT