July 2016 Committee on School Finance Permanent School Fund Item 2
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
(Second Reading and Final Adoption)
July 22, 2016
COMMITTEE ON SCHOOL FINANCE/PERMANENT SCHOOL FUND: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: This item presents for second reading and final adoption a 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. The amendment would modify the requirements for taking attendance for board-approved off-campus activities to allow paraprofessionals to take attendance. No changes are recommended since approved for first reading.
STATUTORY AUTHORITY: Texas Education Code (TEC), §42.004 and §12.106.
TEC, §42.004, requires the commissioner, in accordance with rules adopted by the State Board of Education, to take such action and require such reports as are necessary to administer the Foundation School Program (FSP) under the TEC, Chapter 42.
TEC, §12.106, provides for charter schools to receive funding under certain conditions through the TEC, Chapter 42.
EFFECTIVE DATE: The proposed effective date of the proposed amendment is 20 days after filing as adopted with the Texas Register. Under TEC, §7.102(f), the SBOE 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 2017-2018 school year. The earlier effective date is necessary to allow districts flexibility in a timely manner and align the rule with the student attendance accounting handbook adopted by commissioner rule.
PREVIOUS BOARD ACTION: The SBOE last amended 19 TAC §129.21 effective December 31, 2014. The proposed amendment to 19 TAC §129.21 was discussed at the Committee on School Finance/Permanent School Fund meeting in January 2016 as part of the review of 19 TAC Chapter 129, Subchapters A and B. At the April 2016 SBOE meeting, the proposed amendment to 19 TAC §129.21 was approved for first reading and filing authorization.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: Section 129.21 provides the student attendance accounting requirements school districts must follow and describes the manner in which student attendance is earned. The 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 for FSP funding purposes.
The proposed amendment to 19 TAC §129.21(j)(1) would allow paraprofessionals to take attendance at off-campus activities approved by the local school board.
No changes are recommended since approved for first reading.
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. There is no effect on local economy for the first five years that the proposed amendment is in effect; therefore, no local employment impact statement is required under Texas Government Code, §2001.022.
PUBLIC AND STUDENT BENEFIT: The proposed amendment would allow paraprofessionals to take attendance when accompanying students to activities approved by the school board that occur off-campus.
PROCEDURAL AND REPORTING IMPLICATIONS: The proposed amendment would have no new procedural and reporting implications.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed amendment would have no locally maintained paperwork requirements.
PUBLIC COMMENTS: Following the April 2016 SBOE meeting, notice 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, was filed with the Texas Register, initiating the official public comment period. No comments had been received at the time this item was prepared. A summary of any public comments received regarding the proposal will be provided to the SBOE during the July 2016 meeting.
ALTERNATIVES: None.
OTHER COMMENTS AND RELATED ISSUES: None.
MOTION TO BE CONSIDERED: The State Board of Education:
By an affirmative vote of two-thirds of the members of the board, approve for second reading and final adoption 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, with an effective date of 20 days after filing as adopted with the Texas Register.
Staff Member Responsible:
David Marx, Director
Financial Compliance
Attachments:
I. Statutory Citations (PDF, 18KB)
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 (PDF, 20KB)