April 4, 2019 Committee on School Finance/Permanent School Fund Item 1

 Adoption of Review of 19 TAC Chapter 129, Student Attendance, Subchapter A, Student Attendance Allowed, and Subchapter B, Student Attendance Accounting
(Adoption of Review)

April 5, 2019

COMMITTEE ON SCHOOL FINANCE/PERMANENT SCHOOL FUND: ACTION
STATE BOARD OF EDUCATION: ACTION

SUMMARY:
Texas Government Code (TGC), §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 129, Student Attendance, Subchapter A, Student Attendance Allowed, and Subchapter B, Student Attendance Accounting. Subchapter A addresses free attendance in general, and Subchapter B addresses requirements for student attendance accounting for state funding purposes.

STATUTORY AUTHORITY:
The statutory authority for the rule review is TGC, §2001.039.
The statutory authority for 19 TAC Chapter 129, Subchapters A and B, is Texas Education Code
(TEC), §42.004 and §12.106.

TGC, §2001.039, requires all state agencies to review their rules at least once every four years.

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.

PREVIOUS BOARD ACTION: The review of 19 TAC Chapter 129, Subchapters A and B, was presented to the Committee on School Finance/Permanent School Fund at the January-February 2019 board meeting.

BACKGROUND INFORMATION AND JUSTIFICATION: The rule in 19 TAC Chapter 129, Subchapter A, addresses certain eligibility criteria students must meet for enrollment in public schools.

The rule in 19 TAC Chapter 129, Subchapter B, 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 Foundation School Program funding purposes.

If authorized by the SBOE, the Texas Education Agency (TEA) will file the adopted review with the Texas Register stating that the SBOE finds the reasons for adopting 19 TAC Chapter 129, Subchapters A and B, continue to exist.

ANTICIPATED REVISIONS TO RULES: It is anticipated that an amendment to §129.21 will be presented for consideration at the June 2019 SBOE meeting. The amendment would allow school districts to designate when attendance will be taken.

PUBLIC COMMENTS:
The TEA filed the proposed review of 19 TAC Chapter 129, Subchapters A and B, with the Texas Register following the January-February 2019 SBOE meeting. The public comment period on the proposed review began February 22, 2019, and ended March 29, 2019. At the time this item was prepared, no comments had been received regarding the review. Any public comments received will be provided to the SBOE during the April 2019 meeting. The SBOE will take registered oral and written comments on the proposed review at the committee meeting in April 2019 in accordance with the SBOE board operating policies and procedures.

MOTION TO BE CONSIDERED:
The State Board of Education:

Adopt the review of 19 TAC Chapter 129, Student Attendance, Subchapter A, Student Attendance Allowed, and Subchapter B, Student Attendance Accounting.

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

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