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
(First Reading and Filing Authorization)
November 20, 2009
COMMITTEE ON SCHOOL FINANCE/PERMANENT SCHOOL FUND: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: This item presents 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, for first reading and filing authorization. The proposed amendment would update the current rule to reflect statutory changes resulting from the 81st Texas Legislature, 2009, and add clarifying language.
STATUTORY AUTHORITY: Texas Education Code (TEC), §25.087 and §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 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 2010-2011 school year.
PREVIOUS BOARD ACTION: Section 129.21 was adopted to be effective September 1, 1996, and was last amended to be effective April 26, 2009. The committee discussed the proposed amendment to 19 TAC §129.21 at the September 2009 meeting. No changes have been made since that discussion.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: The current rule provides the student attendance accounting requirements school districts must follow and describes the manner in which student attendance is earned. The current 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. The proposed amendment would update the current rule to reflect statutory changes to the TEC, §25.087, resulting from Senate Bill 1134, House Bill (HB) 192, and HB 2542, 81st Texas Legislature, 2009. Specifically, the proposed amendment would modify the rule as follows.
Subsection (h) would be amended to clarify that enrollment is based on hours of instruction.
Subsection (k)(4), which addresses student absences to observe holy days or attend a required court appearance, would be amended to address only absences related to observing holy days. New subsection (k)(5) would be added to address absences related to attending a required court appearance.
New subsection (k)(6) would be added to address student absences to serve as an election clerk.
New subsection (k)(7) would be added to address student absences to appear at a governmental office to complete paperwork required in connection with a student's application for United States citizenship.
New subsection (k)(8) would be added to address student absences to take part in a United States naturalization oath ceremony.
New subsection (k)(9) would be added to address absences of high school students who are juniors or seniors to visit an institution of higher education for the purpose of determining interest in attending the institution.
Subsection (k)(5), to be renumbered as subsection (k)(10), would be amended to specify that students excused to sound "Taps" at a military honors funeral held in Texas for a deceased veteran must be in Grades 6-12.
Subsection (k)(6), to be renumbered as subsection (k)(11), which excuses certain student absences for documented appointments with health care professionals, would be amended to specify that such appointments include an appointment of a student diagnosed with autism spectrum disorder with a health care practitioner to receive a generally recognized service for persons with that disorder.
Other minor corrections in word usage would be made throughout subsection (k).
FISCAL IMPACT: The Texas Education Agency has determined that there are no additional costs 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 Texas Government Code, §2006.002, is required.
PUBLIC AND STUDENT BENEFIT: The proposed amendment would update the current rule to reflect statutory changes and add clarifying language.
PROCEDURAL AND REPORTING IMPLICATIONS: The proposed amendment would have no new procedural and reporting implications.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed amendment would require school districts to maintain documentation related to the new excused absences.
PUBLIC COMMENTS: The official public comment period will begin when the amendment is published as proposed in the Texas Register.
ALTERNATIVES: None.
OTHER COMMENTS AND RELATED ISSUES: A request for a public hearing on the proposal submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 15 calendar days after notice of the proposal has been published in the Texas Register.
COMMISSIONER'S RECOMMENDATION: I recommend that the State Board of Education:
Approve for first reading and filing authorization 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.
Respectfully submitted,
Robert Scott
Commissioner of Education
Staff Members Responsible: Lisa Dawn-Fisher, Deputy Associate Commissioner
School Finance
Belinda Dyer, Director
Forecasting and Fiscal Analysis
Attachments: I. Statutory Citations
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