Adopted Amendments to 19 TAC Chapter 129, Student Attendance, Subchapter AA, Commissioner's Rules
I. Statutory Citations (PDF)
II. Text of Adopted Amendments to 19 TAC Chapter 129, Student Attendance, Subchapter AA, Commissioner's Rules (PDF)
The rule action presented in this item will be filed as adopted with the Texas Register under the commissioner's rulemaking authority. The adopted amendments to 19 TAC Chapter 129, Student Attendance, Subchapter AA, Commissioner's Rules, amend §129.1023, Student Attendance Accounting Standards, and §129.1027, Optional Flexible School Day Program. The amendment to §129.1023 corrects a statutory reference. The amendment to §129.1027 removes the requirement that applications for the Optional Flexible School Day Program (OFSDP) be submitted 90 days before the start date of the program, deletes an expired provision, and makes minor technical corrections throughout the rule. No changes were made to the rule since published as proposed.
The statutory authority for §129.1023 is the Texas Education Code (TEC), §42.004. The statutory authority for §129.1027 is the TEC, §29.0822.
October 23, 2008.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES:
Through 19 TAC §129.1023, adopted to be effective May 10, 2001, the commissioner exercised rulemaking authority relating to student attendance accounting standards. In accordance with the TEC, §42.004, the rule requires school districts to adhere to the student attendance accounting standards established under 19 TAC §129.21 and the TEC, §42.004. The rule also establishes how the standards are disseminated and what aspects of attendance accounting they cover. In addition, the rule allows Foundation School Program allotments to be revised as a result of Texas Education Agency (TEA) investigations of student attendance accounting data.
As a result of the rule review conducted in June 2008, an amendment to §129.1023, Student Attendance Accounting Standards, is adopted to correct a statutory reference in subsection (b).
Through 19 TAC §129.1027, adopted to be effective July 4, 2007, the commissioner exercised rulemaking authority relating to the OFSDP. In accordance with the TEC, §29.0822, the rule establishes definitions, describes the program's application process, and explains program requirements related to student eligibility, student attendance, funding, program operation, district performance reviews, and program evaluation. The rule also describes the terms for revocation or denial of renewal of program authorization.
As a result of the rule review conducted in June 2008, an amendment to §129.1027, Optional Flexible School Day Program, is adopted to reflect updates to the program. The updates include the removal of the requirement in subsection (c) that applications for the OFSDP be submitted 90 days before the start date of the program and the deletion of an expired provision in subsection (c) specific to the 2006-2007 school year. In addition, subsection (a) is renumbered to reflect the deletion of two definitions, and minor technical corrections are made throughout the section to correct references and word usage.
No changes were made to the rule since published as proposed.
The TEA has determined that there are no additional costs to persons or entities required to comply with the proposed rule action. In addition, there is no direct adverse economic impact for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.
PUBLIC AND STUDENT BENEFIT:
The adopted amendment to 19 TAC §129.1023, Student Attendance Accounting Standards, provides the public with a correct statutory reference in rule.
The adopted amendment to 19 TAC §129.1027, Optional Flexible School Day Program, deletes expired provisions from rule and removes the overly burdensome requirement that applications for the OFSDP be submitted 90 days before the start date of the program.
PROCEDURAL AND REPORTING IMPLICATIONS:
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS:
The public comment period on the proposal began August 8, 2008, and ended September 8, 2008. No public comments were received.
OTHER COMMENTS AND RELATED ISSUES:
Staff Members Responsible:
Shirley Beaulieu, Associate Commissioner, Finance / CFO
Lisa Dawn-Fisher, Deputy Associate Commissioner, School Finance
Belinda Dyer, Director, Forecasting and Fiscal Analysis
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