September 2022 Committee on School Finance/Permanent School Fund Item 1

Discussion of Proposed Repeal of 19 TAC Chapter 129, Subchapter A, Student Attendance Allowed, and Subchapter B, Student Attendance Accounting

September 1, 2022

COMMITTEE ON SCHOOL FINANCE/PERMANENT SCHOOL FUND: DISCUSSION
STATE BOARD OF EDUCATION: NO ACTION

SUMMARY: This item provides an opportunity for the committee to discuss the proposed repeal of 19 Texas Administrative Code (TAC) Chapter 129, Subchapter A, Student Attendance Allowed, and Subchapter B, Student Attendance Accounting. The proposed repeal would implement House Bill (HB) 3, 86th Texas Legislature, 2019, which removed the State Board of Education's (SBOE's) rulemaking authority related to student attendance.

STATUTORY AUTHORITY: Texas Education Code (TEC), §48.004, as transferred, redesignated, and amended by HB 3, 86th Texas Legislature, 2019.

TEC, §48.004, as transferred, redesignated, and amended by HB 3, 86th Texas Legislature, 2019, requires the commissioner to adopt rules, take actions, and require reports necessary to implement and administer student attendance.

FUTURE ACTION EXPECTED: The proposed repeal of 19 TAC Chapter 129, Subchapters A and B, will be presented for first reading and filing authorization at the September 2022 SBOE meeting.

BACKGROUND INFORMATION AND JUSTIFICATION: Chapter 129, Subchapter A, defines the student attendance allowed in Texas schools. The subchapter was adopted effective September 1, 1996. Chapter 129, Subchapter B, defines the requirements for student attendance accounting for state funding purposes. The subchapter was adopted effective September 1, 1996, and was last amended effective December 25, 2019.

HB 3, 86th Texas Legislature, 2019, renumbered TEC, §42.004, to §48.004. The renumbered statute was amended to transfer rulemaking authority related to the implementation and administration of student attendance from the SBOE to the commissioner of education. The repeal of the rule is necessary since statutory authority no longer exists.

Staff Member Responsible:
David Marx, Senior Director, Financial Compliance

Attachment:
Text of Proposed Repeal of 19 TAC Chapter 129, Subchapter A, Student Attendance Allowed, and Subchapter B, Student Attendance Accounting