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June 2019 Committee on School Finance/Permanent School Fund Item 1

Discussion 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


June 13, 2019

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 a proposed amendment to 19 Texas Administrative Code (TAC) Chapter 129, Student Attendance, Subchapter B, Student Attendance Accounting, §129.21, Requirements for Student Attendance Accounting for State Funding Purposes. The proposed amendment would update the rule to allow school districts and charter schools flexibility for selecting an official attendance-taking time during a campus's instructional day.

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 require reports necessary to implement and administer the Foundation School Program.

TEC, §12.106, provides for charter schools to receive funding under certain conditions through TEC, Chapter 42.

The full text of statutory citations can be found in the statutory authority section of this agenda.

FUTURE ACTION EXPECTED:
The proposed amendment to 19 TAC §129.21 will be presented for first reading and filing authorization at the September 2019 SBOE meeting.

BACKGROUND INFORMATION AND JUSTIFICATION: Section 129.21 provides the student attendance accounting requirements school districts and open-enrollment charter schools 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 Foundation School Program funding purposes.

The proposed amendment to §129.21 would change the requirement for the official attendance-taking time from the second or fifth instructional hour to any time selected during the campus's instructional day. This change would provide more flexibility for campuses.

The attachment to this item reflects the text of the proposed amendment to §129.21 for consideration by the committee.

Staff Members Responsible:
Leo Lopez, Associate Commissioner, School Finance
David Marx, Director, Financial Compliance

Attachment: 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