Commissioner's Rules
Adopted Amendment to 19 TAC Chapter 129, Student Attendance, Subchapter AA, Commissioner's Rules, §129.1021, Optional Method of Calculating Average Daily Attendance in Districts with Significant Migrant Population
Attachments:
I. Statutory Citation (PDF)
II. Text of Adopted Amendment to 19 TAC Chapter 129, Student Attendance, Subchapter AA, Commissioner's Rules, §129.1021, Optional Method of Calculating Average Daily Attendance in Districts with Significant Migrant Population (PDF)
SUMMARY:
The rule action presented in this item was filed as adopted with the Texas Register under the commissioner's rulemaking authority. This item adopts an amendment to 19 TAC Chapter 129, Student Attendance, Subchapter AA, Commissioner's Rules, §129.1021, Optional Method of Calculating Average Daily Attendance in Districts with Significant Migrant Population. The adopted amendment adds provisions to reflect the agency's current practice for determining full-time-equivalent (FTE) counts for special education, bilingual education, and career and technical education allotments for affected school districts and charter schools. The adopted amendment also updates the reference to the database for tracking migrant students. No changes were made to the rule since published as proposed.
STATUTORY AUTHORITY:
Texas Education Code (TEC), §42.005(c).
EFFECTIVE DATE:
October 10, 2012.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES:
Section 129.1021 was adopted effective February 12, 1992, and has not been amended.
The statutory authority for the rule, the TEC, §42.005(c), requires the commissioner of education to adjust the average daily attendance of school districts with a significant percentage of migrant students. The commissioner currently adjusts not only the average daily attendance but also the FTE counts used in calculating the special education, bilingual education, and career and technical education allotments for these school districts. The amendment updates the rule to reflect this practice by adding new subsection (b) for determining FTE counts.
The adopted amendment also revises the rule to use a general reference to the current database for tracking migrant students instead of the specific name of an obsolete migrant student tracking database.
In addition, minor technical edits and changes in word usage have been made, and the section title has been changed for clarification.
No changes were made to the rule since published as proposed.
FISCAL IMPACT:
The TEA has determined that there are no fiscal implications to persons or entities 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 amendment to 19 TAC §129.1021 ensures that the rule reflects current agency practice with regard to calculation of Foundation School Program allocations. It also ensures that the rule no longer references an obsolete migrant student tracking database.
PROCEDURAL AND REPORTING IMPLICATIONS:
The adopted amendment has no procedural or reporting implications.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS:
The adopted amendment has no locally maintained paperwork requirements.
PUBLIC COMMENTS:
The public comment period on the proposal began July 27, 2012, and ended August 27, 2012. No public comments were received.
ALTERNATIVES:
None.
OTHER COMMENTS AND RELATED ISSUES:
None.
Staff Members Responsible:
Shirley Beaulieu, Associate Commissioner, Finance / Chief Financial Officer
Lisa Dawn-Fisher, Director, School Finance / Chief School Finance Officer
For more information, email rules@tea.state.tx.us.