Proposed Amendment to 19 TAC Chapter 129, Student Attendance, Subchapter B, Student Attendance Accounting, §129.21, Requirements for Student Attendance Accounting for State Funding Purposes
(Second Reading and Final Adoption)
July 20, 2012
COMMITTEE ON SCHOOL FINANCE/PERMANENT SCHOOL FUND: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: This item presents for second reading and final adoption proposed amendment to 19 TAC Chapter 129, Student Attendance, Subchapter B, Student Attendance Accounting, §129.21, Requirements for Student Attendance Accounting for State Funding Purposes. The proposed amendment would amend the rule to make it more logically organized, to delete obsolete provisions, and to update provisions describing conditions under which a student who is not on campus at attendance time may be considered in attendance. The proposed amendment would also remove language that duplicates statutory language and replace it with a reference to the applicable statute. No additional changes are recommended since approved for first reading.
STATUTORY AUTHORITY: Texas Education Code (TEC), §42.004.
EFFECTIVE DATE: The proposed effective date of the proposed amendment to 19 TAC §129.21 would be 20 days after filing as adopted with the Texas Register in order to implement the latest policy in a timely manner. Under the TEC, §7.102(f), the State Board of Education (SBOE) must approve the rule action at second reading and final adoption by a vote of two-thirds of its members to specify an effective date earlier than the beginning of the 2013-2014 school year.
PREVIOUS BOARD ACTION: The SBOE adopted 19 TAC §129.21 effective September 1, 1996. The rule was last amended by the SBOE effective February 22, 2010. The Committee on School Finance/Permanent School Fund discussed the proposed amendment to 19 TAC §129.21 at the January 2012 meeting. The SBOE approved for first reading and filing authorization the proposed amendment to 19 TAC §129.21 at its April 2012 meeting.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: Section 129.21 provides the student attendance accounting requirements school districts must follow and describes the manner in which student attendance is earned. The rule also provides a list of conditions under which a student who is not actually on campus at the time attendance is taken may be considered in attendance for Foundation School Program (FSP) funding purposes.
The proposed amendment to §129.21 would modify the rule to make it more logically organized, to delete obsolete provisions, and to update provisions describing conditions under which a student who is not on campus at attendance time may be considered in attendance. The proposed amendment would also remove language that duplicates statutory language and replace it with a reference to the applicable statute.
Specifically, the proposed amendment presented in Attachment II would modify the rule as follows.
Subsection (b) would be revised to specify that the commissioner is responsible for providing both guidelines and procedures for attendance accounting.
A new subsection (c) would be added, using language from existing subsection (f). The language would be moved to place the provisions related to commissioner responsibilities at the beginning of the rule.
Existing subsection (c), which requires the commissioner to provide records for school districts to prepare their daily attendance registers, would be deleted, as this provision is obsolete. The agency no longer provides official daily attendance register templates.
A new subsection (d) would be added, incorporating language from existing subsection (m). The language would be moved to place the provisions related to local school district responsibilities immediately after those related to commissioner responsibilities. The new subsection would clarify that attendance records may be stored at any secure location.
Existing subsection (d) would be relettered as subsection (e). A provision in the subsection requiring adoption of a local policy before students may be counted in attendance would be deleted and added as new subsection (l) to place the provision immediately after the subsections to which it applies.
Existing subsection (e) would be relettered as subsection (f).
Existing subsection (f) would be deleted, as its language would appear as new subsection (c).
Existing subsection (g), requiring a central attendance accounting system to be used when classroom instruction is organized on a departmental basis, would be deleted, as it is obsolete.
Existing subsection (h) would be relettered as subsection (g).
Existing subsection (i) would be relettered as subsection (h). The obsolete provision specifying that a school district may choose an alternate attendance-taking time if permission is obtained from the Texas Education Agency (TEA) would be deleted, making the decision to adopt an alternate time solely a matter of local control.
Existing subsection (j) would be relettered as subsection (i), and a cross-reference within the subsection would be amended to reflect relettering of the rule's subsections.
Existing subsection (k) would be relettered as subsection (j). Existing paragraphs (4) through (11) of the subsection, which list all the conditions provided for in the TEC, §25.087, under which a student who is not on campus at attendance time may be considered in attendance for FSP funding purposes, would be replaced with new paragraph (4) broadly referencing circumstances provided for in the TEC, §25.087. A statement from existing paragraph (11) that an excused health appointment should be supported with documentation would be retained and placed in new paragraph (4).
New subsection (k) would be added to state that a student not actually on campus at the time attendance is taken also may be considered in attendance for FSP funding purposes under other conditions described in the Student Attendance Accounting Handbook related to off-campus instruction.
A new subsection (l) would be added, using language from existing subsection (d).
Existing subsection (l) would be deleted, as the absences it describes would be addressed in new subsection (j)(4).
Subsection (m) would be deleted, as its language would appear as new subsection (d).
In addition, technical edits would be made throughout the section.
No additional changes are recommended since approved for first reading.
FISCAL IMPACT: The TEA has determined that there are no fiscal implications 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 the Texas Government Code, §2006.002, is required.
PUBLIC AND STUDENT BENEFIT: The proposed amendment to §129.21 would make the rule more logically organized, remove obsolete provisions, ensure that the rule reflected all the conditions under which a student who is not on campus at attendance time may be considered in attendance, and remove language that duplicates statutory language.
PROCEDURAL AND REPORTING IMPLICATIONS: The proposed amendment would have no new procedural and reporting implications.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed amendment would have no new requirements related to locally maintained paperwork.
PUBLIC COMMENTS: Following the April 2012 SBOE meeting, notice of the proposed amendment was filed with the Texas Register, initiating the official public comment period. At the time this item was prepared, no comments had been received regarding the proposed amendment. A summary of any public comments received regarding the proposal will be provided to the SBOE at the July 2012 meeting.
ALTERNATIVES: None.
OTHER COMMENTS AND RELATED ISSUES: None.
COMMISSIONER'S RECOMMENDATION: I recommend that the State Board of Education:
By an affirmative vote of two-thirds of the members of the board, approve for second reading and final adoption the proposed amendment to 19 TAC Chapter 129, Student Attendance, Subchapter B, Student Attendance Accounting, §129.21, Requirements for Student Attendance Accounting for State Funding Purposes, with an effective date of 20 days after filing as adopted with the Texas Register.
Respectfully submitted,
Robert Scott
Commissioner of Education
Staff Members Responsible:
Shirley Beaulieu, Associate Commissioner
Finance/Chief Financial Officer
Lisa Dawn-Fisher, Chief School Finance Officer
School Finance
Belinda Dyer, Division Manager
School Finance
Attachments:
I. Statutory Citations (PDF, 139KB)
II. Text of Proposed Amendment to 19 TAC Chapter 129, Student Attendance, Subchapter B, Student Attendance Accounting, §129.21, Requirements for Student Attendance Accounting for State Funding Purposes (PDF, 28KB)