HB 3622

Overall Vote Recommendation
No
Principle Criteria
neutral
Free Enterprise
neutral
Property Rights
negative
Personal Responsibility
negative
Limited Government
neutral
Individual Liberty
Digest
HB 3622 would revise state funding rules for certain programs serving public school students at risk of dropping out. The bill amends the optional flexible school day program to require the commissioner of education, when calculating average daily attendance, to allow a student to accumulate instructional hours across a reporting period without a reporting-period cap. The student’s total accumulated hours for the school year still could not exceed the equivalent of one student in average daily attendance with a 100 percent attendance rate.

The bill also increases the dropout recovery school and residential placement facility allotment under the Foundation School Program from $275 to $500 for each eligible student in average daily attendance. Eligibility would apply to students who reside in a residential placement facility, receive services through a qualifying community-based dropout recovery education program or education management organization while enrolled in the appropriate district or campus, or attend a district, school, or campus designated as a dropout recovery school.

In practical terms, the bill would increase state formula funding for dropout recovery and residential placement students and would provide more flexible attendance accounting for students in optional flexible school day programs.

The originally filed version of HB 3622 and the Committee Substitute address the same general policy area: alternative education programs for students at risk of dropping out, including flexible attendance accounting and dropout recovery funding. Both versions amend Section 29.0822, Education Code, to prevent the commissioner of education from limiting accumulated instructional hours by reporting period when calculating average daily attendance, so long as the student’s annual accumulated attendance does not exceed the equivalent of one student with full attendance for the school year.

The main substantive difference is in Section 48.153, Education Code. The originally filed bill would have increased the allotment from $250 to $500 per eligible student in average daily attendance, while the Committee Substitute increases it from $275 to $500. The Committee Substitute therefore reflects the current statutory base amount differently, but both versions move the allotment to $500.

The Committee Substitute also revises the wording for students served by community-based dropout recovery programs or education management organizations. The filed bill covered students receiving services “while remaining enrolled in their designated district campus of residence,” and separately defined the applicable private or public community-based program by reference to Section 29.081(e), Education Code. The Committee Substitute instead incorporates that reference directly into the eligibility language and describes the student as enrolled at the district or school campus in whose attendance zone or geographic area served the student resides.

Overall, the Committee Substitute narrows and cleans up the drafting rather than changing the core policy direction. It keeps the same effective date of September 1, 2025, retains the flexible ADA calculation concept, retains the $500 allotment target, and preserves eligibility for residential placement students, students served through qualifying dropout recovery programs, and students attending designated dropout recovery schools.
Author (1)
Brooks Landgraf
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 3622 would have a negative fiscal impact of $25.6 million on General Revenue-Related Funds for the 2026–27 biennium. The bill does not itself appropriate money, but it could create the statutory basis for future appropriations needed to implement its school-finance changes.

The recurring cost is estimated at about $12.8 million per fiscal year from fiscal year 2026 through fiscal year 2030. Those costs would flow through the Foundation School Program and are driven by two main changes: revising the average daily attendance calculation for students in the Optional Flexible School Day Program and increasing the dropout recovery school and residential placement facility allotment to $500 per student in average daily attendance.

The estimate is based on Texas Education Agency assumptions that approximately 670 students in ADA participate in the Optional Flexible School Day Program and that removing the reporting-period limitation would increase ADA for that group by 50 percent. TEA also assumes that about 45,700 ADA currently participate in dropout recovery school and residential placement facility programs and would receive the increased allotment.

For local governments, the bill would increase funding to local education agencies. LEAs would receive additional funding for Optional Flexible School Day Program students and for students participating in dropout recovery school and residential placement facility programs. The LBB also estimates reduced recapture payments of about $1.4 million per year, which is included in the total Foundation School Program cost estimate.

Vote Recommendation Notes

Texas Policy Research recommends that lawmakers vote NO on HB 3622. The bill addresses a sympathetic policy area, students at risk of dropping out, but it does so by increasing recurring state funding through the public school finance system rather than by requiring better performance from existing education dollars or reducing barriers to alternative education models.

The bill would grow the fiscal scope of state government by expanding obligations under the Foundation School Program. It increases the dropout recovery school and residential placement facility allotment from $275 to $500 per qualifying student in average daily attendance and changes the way average daily attendance is calculated for students in optional flexible school day programs. The Legislative Budget Board estimates that the bill would have a negative impact of $25.6 million to General Revenue-Related Funds for the 2026–27 biennium, with recurring annual costs of roughly $12.8 million through fiscal year 2030.

That fiscal impact increases the burden on taxpayers because the bill creates a new, ongoing claim on state education funding. Although the bill does not make a direct appropriation, the LBB notes that it could provide the legal basis for appropriations needed to implement the bill. In practical terms, this means the Legislature would be expanding formula-driven public school spending at a time when many lawmakers and taxpayers are already concerned that public schools have received substantial funding increases without commensurate improvements in outcomes.

The bill does not appear to impose a new regulatory burden on individuals or private businesses. The bill analysis states that it does not expressly create a criminal offense, increase criminal penalties, change eligibility for community supervision, parole, or mandatory supervision, or expressly grant additional rulemaking authority. Its primary liberty concern is therefore not direct regulation, but government growth, taxpayer exposure, and precedent.

The accountability concern is significant. The bill increases public funding for dropout recovery and related programs, but it does not condition the additional funding on measurable results such as credit recovery, re-enrollment, graduation, workforce placement, or long-term student outcomes. It also does not include a sunset, spending cap, or reporting requirement sufficient to ensure that the additional taxpayer dollars produce better performance.

A limited-government approach would require schools and participating programs to demonstrate results before receiving additional recurring formula funding. The state should not continue layering new allotments onto the Foundation School Program without first addressing whether existing public education funding is being used effectively. The central objection is that the bill expands taxpayer-funded public school finance formulas without adequate limits, offsets, or outcome-based accountability.

For these reasons, HB 3622 should be opposed. While helping at-risk students remain engaged in education is a valid public concern, this bill relies on more state spending rather than structural reform, fiscal restraint, or performance-based accountability.

Free Enterprise
neutral
The bill does not directly regulate private businesses or impose new occupational or commercial restrictions. However, it may steer additional public dollars toward certain dropout recovery providers, including community-based programs and education management organizations, through the public school finance system. That can distort the education marketplace by favoring providers connected to state-funded school programs rather than expanding open competition or family-directed choice.
Property Rights
neutral
The bill does not affect land use, ownership, takings, eminent domain, or the use and control of private property. There is no apparent property-rights impact.
Personal Responsibility
negative
The bill’s goal is to help students stay engaged in school, which is positive in concept. However, it relies on additional state funding rather than stronger accountability for students, schools, or program providers. Because the added funding is not clearly tied to measurable outcomes such as credit completion, graduation, or re-enrollment, the bill weakens the connection between taxpayer support and demonstrated results.
Limited Government
negative
This is the bill’s strongest liberty concern. The bill expands the fiscal scope of state government by increasing a school finance allotment and changing attendance calculations in a way that raises state Foundation School Program costs. The Legislative Budget Board estimates a negative General Revenue impact of about $25.6 million for the 2026–27 biennium, with recurring annual costs. The bill does not include a sunset, hard spending cap, offset, or strong outcome-based accountability requirement, so it expands recurring taxpayer obligations within the public education system.
Individual Liberty
neutral
The bill does not directly restrict individual freedom, impose new mandates on students or families, create new penalties, or expand surveillance. It may provide more flexible educational pathways for students at risk of dropping out, but it does so through the public school finance system rather than through direct student or family control.
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