19 TAC §§61.1091 – 61.1095, 61.1097 – 61.1101

The Texas Education Agency (TEA) has adopted amendments to §§61.1091-61.1095 and §§61.1097-61.1101, concerning the high school allotment for school districts. The amendments are adopted without changes to the proposed text as published in the November 20, 2009, issue of the Texas Register (34 TexReg 8152) and will not be republished. The sections implement provisions for the administration of high school allotment funds. The adopted amendments update the rules to reflect statutory changes resulting from the 81st Texas Legislature, 2009.

House Bill (HB) 1, 79th Texas Legislature, Third Called Session, 2006, added the Texas Education Code (TEC), §42.2516(b)(3), providing for an allotment of $275 for each student in average daily attendance in Grades 9-12 in a school district. The additional state aid is for the purpose of improving graduation and college readiness rates. In addition, HB 1 added the TEC, §39.113 and §39.114, authorizing the commissioner of education to adopt rules to implement provisions relating to the use of this additional state aid referred to as the high school allotment.

The commissioner exercised rulemaking authority to implement the high school allotment by adopting 19 TAC Chapter 61, School Districts, Subchapter II, Commissioner’s Rules Concerning High School Allotment, effective November 9, 2006.

HB 3, 81st Texas Legislature, 2009, renumbered the TEC, §39.113, as §39.233, and the TEC, §39.114, as §39.234. HB 3 also revised language in renumbered TEC, §39.234(b), regarding criteria for identification of school districts eligible for exceptions for alternative uses of the funds.

HB 3646, 81st Texas Legislature, 2009, repealed the provisions for the funding of the high school allotment that were in the TEC, §42.2516, and placed these provisions in new TEC, §42.160, making the allotment no longer a part of additional state aid for tax reduction but instead a Tier I allotment.

The adopted amendments to 19 TAC Chapter 61, Subchapter II, reflect these statutory changes by updating references throughout the subchapter to renumbered TEC sections.

In addition to technical edits, other changes include an amendment to §61.1091, Definitions, to update the title of a cross-referenced rule and amendments to §61.1094, Exceptions for Alternative Uses of Funds, and §61.1101, Standards for Selecting and Methods for Recognizing Districts and Campuses Offering Exceptional Programs, to remove outdated year references.

It was noted the adopted amendments have no new procedural and reporting implications and no new locally maintained paperwork requirements.

The public comment period on the proposal began November 20, 2009, and ended December 21, 2009. No public comments were received.

The amendments are adopted under the Texas Education Code (TEC), §39.233, which authorizes the commissioner to adopt rules for the administration of programs for recognition of high school completion and success and college readiness; TEC, §39.234, which authorizes the commissioner to adopt rules relating to the use of high school allotment funds; and TEC, §42.160, which authorizes the commissioner to adopt rules to administer the high school allotment.

The amendments implement the TEC, §§39.233, 39.234, and 42.160.

Chapter 129. STUDENT ATTENDANCE – Subchapter AA. COMMISSIONER’S RULES

19 TAC §129.1025

The Texas Education Agency (TEA) adopted an amendment to §129.1025, concerning student attendance accounting. The amendment is adopted without changes to the proposed text as published in the November 20, 2009, issue of the Texas Register (34 TexReg 8156) and will not be republished. The section adopts by reference the annual student attendance accounting handbook. The handbook provides student attendance accounting rules for school districts and charter schools. The adopted amendment adopts by reference the 2009-2010 Student Attendance Accounting Handbook Version 2.

Legal counsel with the TEA has recommended that the procedures contained in each annual student attendance accounting handbook be adopted as part of the Texas Administrative Code. This decision was made in 2000 as a result of a court decision challenging state agency decision making via administrative letters and publications. Given the statewide application of the attendance accounting rules and the existence of sufficient statutory authority for the commissioner of education to adopt by reference the student attendance accounting handbook, staff proceeded with formal adoption of rules in this area. The intention is to annually update the rule to refer to the most recently published student attendance accounting handbook. Data from previous school years will continue to be subject to the student attendance accounting handbook as the handbook existed in those years.

Each annual student attendance accounting handbook provides school districts and charter schools with the Foundation School Program (FSP) eligibility requirements of all students, prescribes the minimum requirements of all student att
endance accounting systems, lists the documentation requirements for attendance audit purposes, specifies the minimum standards for systems that are entirely functional without the use of paper, and details the responsibilities of all district personnel involved in student attendance accounting. The TEA distributes FSP resources under the procedures specified in each current student attendance accounting handbook. The final version of the student attendance accounting handbook is published on the TEA website each June or July. A supplement, if necessary, is also published on the TEA website.

The adopted amendment to 19 TAC §129.1025 adopts by reference the 2009-2010 Student Attendance Accounting Handbook Version 2. In the first version of the student attendance accounting handbook for the 2009-2010 school year, incorrect dates for data submission for districts operating year-round programs were provided in the subsection on data submission, and information on residential facilities was erroneously included in the subsection on juvenile justice alternative education programs (JJAEPs). These errors necessitated publication of a second version of the handbook.

The public comment period on the proposal began November 20, 2009, and ended December 21, 2009. No public comments were received.

The amendment is adopted under the Texas Education Code (TEC), §42.004, which authorizes the commissioner of education, in accordance with rules of the State Board of Education, to take such action and require such reports consistent with TEC, Chapter 42, as may be necessary to implement and administer the Foundation School Program.

The amendment implements the TEC, §42.004.