Adopted Repeal of 19 TAC Chapter 61, School Districts, Subchapter AA, Commissioner's Rules on School Finance, §61.1011, Public Education Grant Supplemental Payments
I. Statutory Citations (PDF)
II. Text of Adopted Repeal of 19 TAC Chapter 61, School Districts, Subchapter AA, Commissioner's Rules on School Finance, §61.1011, Public Education Grant Supplemental Payments (PDF)
The rule action presented in this item will be filed as adopted with the Texas Register under the commissioner's rulemaking authority. This item adopts the repeal of 19 TAC Chapter 61, School Districts, Subchapter AA, Commissioner's Rules on School Finance, §61.1011, Public Education Grant Supplemental Payments. The adopted repeal is necessary because of changes made to school finance law by House Bill (HB) 1, 79th Texas Legislature, Third Called Session, 2006. No changes were made to the rule since published as proposed.
Texas Education Code (TEC), §29.203(b).
May 9, 2011.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES:
The TEC, §29.203(b), as added by HB 318, 75th Texas Legislature, 1997, authorized the commissioner of education to adopt rules to implement the provision of a supplemental public education grant (PEG) allotment payment to districts with a certain wealth per student. The commissioner exercised rulemaking authority to adopt 19 TAC §61.1011, Public Education Grant Supplemental Payments, effective September 1, 1998.
Section 61.1011 establishes a PEG supplemental payment calculation for supplemental payments to districts "with property wealth per student greater than the guaranteed wealth level but less than the equalized wealth level." Because of statutory changes made by HB 1, 79th Texas Legislature, Third Called Session, 2006, that modified the state school finance system, this category of school districts no longer exists, and the calculation methodology provided in the rule is obsolete.
The adopted repeal of 19 TAC §61.1011 repeals an outdated rule. No changes were made to the rule since published as proposed.
The Texas Education Agency has determined that there are no additional costs to persons or entities, including local school districts and open-enrollment charter schools, required to comply with the 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 repeal reflects statutory changes and removes obsolete provisions from rule.
PROCEDURAL AND REPORTING IMPLICATIONS:
The adopted repeal has no procedural and reporting implications.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS:
The adopted repeal has no locally maintained paperwork requirements.
The public comment period on the proposal began February 25, 2011, and ended March 28, 2011. No public comments were received.
OTHER COMMENTS AND RELATED ISSUES:
Staff Members Responsible:
Shirley Beaulieu, Associate Commissioner, Finance / Chief Financial Officer
Lisa Dawn-Fisher, Deputy Associate Commissioner, School Finance
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