November 2017 Committee on School Finance Permanent School Fund Item 4
Review of 19 TAC Chapter 105, Foundation School Program, Subchapter A, Definitions, and Subchapter B, Use of State Funds
November 9, 2017
COMMITTEE ON SCHOOL FINANCE/PERMANENT SCHOOL FUND: DISCUSSION
STATE BOARD OF EDUCATION: NO ACTION
SUMMARY: Texas Government Code, §2001.039, establishes a four-year rule review cycle for all state agency rules, including State Board of Education (SBOE) rules. This item presents the review of 19 TAC Chapter 105, Foundation School Program, Subchapter A, Definitions, and Subchapter B, Use of State Funds. The rules being reviewed provide for the use of Foundation School Program (FSP) funds.
STATUTORY AUTHORITY: The statutory authority for the rule review is the Texas Government Code, §2001.039. The statutory authority for 19 TAC Chapter 105, Subchapter A, is the Texas Education Code (TEC), §42.004. The statutory authority for 19 TAC Chapter 105, Subchapter B, §105.11, is the TEC, §§42.151(h), 42.152(c), 42.153(b), 42.154(c), and 42.156(b). The statutory authority for 19 TAC Chapter 105, Subchapter B, §105.12, is the TEC, §42.004.
Texas Government Code, §2001.039, requires all state agencies to review their rules at least once every four years.
TEC, §42.004, requires the commissioner of education, in accordance with the rules of the SBOE, to take such action and require such reports consistent with the TEC, Chapter 42, as may be necessary to implement and administer the Foundation School Program.
TEC, §42.151(h), sets spending requirements for the Special Education allotment.
TEC, §42.152(c), sets spending requirements for the compensatory education allotment.
TEC, §42.153(b), sets spending requirements for the bilingual education allotment.
TEC, §42.154(c), sets spending requirements for the career and technology education allotment.
TEC, §42.156(b), sets spending requirements for the gifted and talented allotment.
BOARD RESPONSE: This item is presented for review and comment.
PREVIOUS BOARD ACTION: The SBOE last adopted the review of 19 TAC Chapter 105, Subchapters A and B, in January 2014, finding that the reasons for initially adopting the rules continued to exist. Subsequent to the review, the SBOE adopted an amendment to §105.1 effective October 15, 2017.
FUTURE ACTION EXPECTED: The review of 19 TAC Chapter 105, Subchapters A and B, will be presented to the SBOE for adoption at the January/February 2018 meeting.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: The SBOE rules in 19 TAC Chapter 105, Subchapters A and B, provide for the definition of tax levy and tax collection for purposes of administering the FSP, the specification of limits on the use of certain FSP special program allotments, and the authorized use of state aid for operations and acquisitions, renovation, repairs, and maintenance of facilities.
Under current agency practice, school districts are held accountable for the use of allotments through desk reviews and detailed investigations as needed to ensure compliance with the limitations in statute and rule.
ANTICIPATED REVISIONS TO RULES: No amendments to the rules in 19 TAC Chapter 105, Subchapters A and B, are anticipated.
RULE REVIEW: The Texas Education Agency (TEA) plans to file the notice of proposed review of 19 TAC Chapter 105, Subchapters A and B, with the Texas Register following the November 2017 SBOE meeting. The TEA will accept comments as to whether reasons for adopting 19 TAC Chapter 105, Subchapters A and B, continue to exist. The comment period will begin with publication of the notice of proposed review of 19 TAC Chapter 105, Subchapters A and B, in the Texas Register.
The filing of the notice of proposed review soliciting comments as to whether the reason for adoption continues to exist would not preclude any amendments that may be proposed at different dates through a separate rulemaking process.
FISCAL IMPACT: None.
PUBLIC AND STUDENT BENEFIT: Use of allotments in compliance with the rules focuses resources on direct student services.
PROCEDURAL AND REPORTING IMPLICATIONS: None.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: None.
PUBLIC COMMENTS: None.
ALTERNATIVES: None.
OTHER COMMENTS AND RELATED ISSUES: None.
Staff Members Responsible:
Leo Lopez, Associate Commissioner
School Finance / Chief School Finance Officer
Al McKenzie, Director
State Funding
Attachments:
I. Statutory Citations (PDF, 68KB)
II. Text of 19 TAC Chapter 105, Foundation School Program, Subchapter A, Definitions, and Subchapter B, Use of State Funds (PDF, 23KB)