Commissioner's Rules
Adopted Amendment to 19 TAC Chapter 62, Commissioner's Rules Concerning the Equalized Wealth Level, §62.1071, Manual for Districts Subject to Wealth Equalization
Attachments:
I. Statutory Citation (PDF)
II. Text of Adopted Amendment to 19 TAC Chapter 62, Commissioner's Rules Concerning the Equalized Wealth Level, §62.1071, Manual for Districts Subject to Wealth Equalization (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 62, Commissioner's Rules Concerning the Equalized Wealth Level, §62.1071, Manual for Districts Subject to Wealth Equalization. The adopted amendment adopts as a part of the TAC the Manual for Districts Subject to Wealth Equalization 2012-2013 School Year. The manual contains the processes and procedures that the Texas Education Agency (TEA) uses in the administration of the provisions of the Texas Education Code (TEC), Chapter 41, and the fiscal, procedural, and administrative requirements that school districts subject to the TEC, Chapter 41, must meet. No changes were made to the rule or the manual since published as proposed.
STATUTORY AUTHORITY:
TEC, §41.006.
EFFECTIVE DATE:
December 9, 2012.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES:
Legal counsel with the TEA has advised that the procedures contained in each annual manual for districts subject to wealth equalization be adopted as part of the TAC. The intent is to annually update 19 TAC §62.1071 to refer to the most recently published manual. Manuals adopted for previous school years will remain in effect with respect to those school years.
The adopted amendment to 19 TAC §62.1071, Manual for Districts Subject to Wealth Equalization, adopts in rule the official TEA publication Manual for Districts Subject to Wealth Equalization 2012-2013 School Year as Figure: 19 TAC §62.1071(a).
Each annual manual for districts subject to wealth equalization explains how districts subject to wealth equalization are identified; the fiscal, procedural, and administrative requirements those districts must meet; and the consequences for not meeting requirements. The manual also provides information on using the online Foundation School Program (FSP) System to fulfill certain requirements.
Significant changes to the Manual for Districts Subject to Wealth Equalization 2012-2013 School Year from the Manual for Districts Subject to Wealth Equalization 2011-2012 School Year include the following:
Section 2
Procedures specific to districts that need to proceed early with tax ratification processes have been added.
Section 3
Information on defaults related to prior school years has been clarified.
Appendix C
Language in the Option 3 agreement for districts opting to net their recapture against their Additional State Aid for Tax Reduction (ASATR) has been updated to 1) reflect that the state will reduce a district's ASATR by its estimated recapture amount and 2) describe what happens if, at near-final, a district does not have enough ASATR to cover the cost of recapture.
No changes were made to the rule or the manual since published as proposed.
FISCAL IMPACT:
The TEA has determined that there are no fiscal implications 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 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 §62.1071 continues to inform the public of the existence of an annual publication specifying requirements for school districts subject to wealth equalization.
PROCEDURAL AND REPORTING IMPLICATIONS:
The adopted rule action places the specific procedures contained in the Manual for Districts Subject to Wealth Equalization 2012-2013 School Year in the TAC. The TEA administers the wealth equalization provisions of the TEC, Chapter 41, according to the procedures specified in each annual manual for districts subject to wealth equalization. Data reporting requirements are addressed primarily through the online FSP System.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS:
The adopted rule action has no locally maintained paperwork requirements.
PUBLIC COMMENTS:
The public comment period on the proposal began September 28, 2012, and ended October 29, 2012. No public comments were received.
ALTERNATIVES:
None.
OTHER COMMENTS AND RELATED ISSUES:
None.
Staff Member Responsible:
Lisa Dawn-Fisher, Associate Commissioner, School Finance / Chief School Finance Officer
For more information, email rules@tea.state.tx.us.