Financial exigency means that the
financial position of a school district as a whole is such that its
financial resources are insufficient to support the school district’s
instructional programs or the school district is unable to finance the
full compensation of staff for the current or next fiscal year.
A school district board of trustees may declare financial exigency under one or more of the following conditions:
- The unassigned General Fund balance per student in weighted average daily attendance (WADA):
Enrollment has declined by more than 10 percent over the past five years. The total General Fund funding per student in WADA:
- has decreased by more than 20 percent over the past two years or
- is projected to decrease by 20 percent in the next year compared to the current year.
A natural disaster or casualty loss has occurred and that disaster
or loss requires expenditures for repair or remediation that exceed 15
percent of the current-year General Fund budget. A natural disaster or
casualty loss means damage, destruction, or loss of property resulting
from an identifiable event that is sudden, unexpected, or unusual. The district has experienced any of the following, or a combination
of the following, that exceeds 15 percent of the current-year General
- has decreased by more than 10 percent over one year or
- is projected to decrease by 10 percent in the next year compared to the current year.
The district has experienced any other circumstances, and the
commissioner of education has approved a declaration of financial
exigency based on those circumstances.
- an unanticipated major expense, including significant repair costs;
- litigation expenses, excluding lawsuits against the state; or
- tax refunds.
Each time a school district’s board of
trustees adopts a resolution declaring financial exigency or a
resolution to extend a financial exigency declaration, the board must
notify the commissioner within 20 calendar days of the adoption. The
notice must include the date the resolution was adopted and the
reason(s) for the declaration of financial exigency as specified in the
Requirements section above. The notice must be signed by the board
president and superintendent.
A declaration of financial exigency
expires at the end of the fiscal year in which it is made unless the
board adopts a resolution before the end of the fiscal year declaring
continuation of the financial exigency for the next fiscal year.
Declaration of Financial Exigency (PDF, 142KB)
Board Resolution to Extend or Terminate a Declaration of Financial Exigency (PDF, 118KB)
Rule and Law
19 TAC §109.2001, Financial Exigency
Texas Education Code, §44.011, Financial Exigency
For more information, contact:
Financial Accountability Division