(a) Subject to Subsection (a-1), the commissioner shall adjust the average daily attendance of a school district or open-enrollment charter school under § 48.005 in the manner provided by Subsection (b) if the district or school:
(1) provides the minimum number of minutes of operational and instructional time required under § 25.081 and commissioner rules adopted under that section over at least 180 days of instruction; and
(2) offers an additional 30 days of half-day instruction for students enrolled in prekindergarten through fifth grade.
(a-1) Repealed by Acts 2021, 87th Leg., R.S., Ch. 806 (H.B. 1525), Sec. 48(a)(4), eff. September 1, 2021.
(b) For a school district or open-enrollment charter school described by Subsection (a), the commissioner shall increase the average daily attendance of the district or school under § 48.005 by the amount that results from the quotient of the sum of attendance by students described by Subsection (a)(2) for each of the 30 additional instructional days of half-day instruction that are provided divided by 180.
(c) The commissioner may provide the incentive under this section to a school district or open-enrollment charter school that intended, but due to circumstances beyond the district’s or school’s control, including the occurrence of a natural disaster affecting the district or school, was unable to meet the requirement for instruction under § 25.081 plus an additional 30 days of half-day instruction. The commissioner may proportionately reduce the incentive provided to a district or school described by this subsection.
(d) This section does not prohibit a school district from providing the minimum number of minutes of operational and instructional time required under § 25.081 and commissioner rules adopted under that section over fewer than 180 days of instruction.
(e) The agency shall assist school districts and open-enrollment charter schools in qualifying for the incentive under this section.
(f) A school district or open-enrollment charter school may use funding attributable to the incentive provided under this section to pay costs associated with providing academic instruction in a voluntary summer program for students enrolled in the district or school.
(g) The commissioner shall adopt rules necessary for the implementation of this section.