Adopted Repeal of 19 TAC Chapter 129, Student Attendance, Subchapter AA, Commissioner's Rules, §129.1023, Student Attendance Accounting Standards
I. Statutory Citation (PDF)
II. Text of Adopted Repeal of 19 TAC Chapter 129, Student Attendance, Subchapter AA, Commissioner's Rules, §129.1023, Student Attendance Accounting Standards (PDF)
The rule action presented in this item was filed as adopted with the Texas Register under the commissioner's rulemaking authority. This item adopts the repeal of 19 TAC Chapter 129, Student Attendance, Subchapter AA, Commissioner's Rules, §129.1023, Student Attendance Accounting Standards. The adopted repeal removes from the Texas Administrative Code redundant provisions that duplicate those already included in the handbook adopted by reference in 19 TAC §129.1025, Adoption by Reference: Student Attendance Accounting Handbook. No changes were made to the rule since published as proposed.
Texas Education Code, §42.004.
December 26, 2012.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES:
Section 129.1023 was adopted effective May 10, 2001, and amended effective October 23, 2008. The section requires school districts and charter schools to use the student attendance accounting standards established by the commissioner of education and describes the procedures to be included in the annual Texas Education Agency (TEA) publication on student attendance accounting standards. The section also specifies that Foundation School Program allotments may be revised as a result of investigative activities by the TEA division responsible for school financial audits.
During the recent statutorily required review of 19 TAC Chapter 129, Subchapter AA, TEA staff determined that the rule is no longer needed as its provisions duplicate those in the student attendance accounting handbook adopted by reference in 19 TAC §129.1025. In addition, stakeholders who participated in the commissioner-initiated rule review process that took place during 2010 and 2011 also recommended that 19 TAC §129.1023 be repealed.
No changes were made to the rule since published as proposed.
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 repeal of 19 TAC §129.1023 removes redundant provisions from the Texas Administrative Code.
PROCEDURAL AND REPORTING IMPLICATIONS:
The adopted repeal has no procedural or reporting implications.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS:
The adopted repeal has no locally maintained paperwork requirements.
The public comment period on the proposal began October 5, 2012, and ended November 5, 2012. No public comments were received.
OTHER COMMENTS AND RELATED ISSUES:
Staff Members Responsible:
Lisa Dawn-Fisher, Associate Commissioner, School Finance / Chief School Finance Officer
Belinda Dyer, Manager, Financial Reporting and Accountability
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