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 8, 2016

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

SUMMARY: Texas Government Code, §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 adoption of 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 the Texas Government Code, §2001.039. The statutory authority for 19 TAC Chapter 129, Subchapters A and B, is the Texas Education Code, §42.004.

The Texas Government Code, §2001.039, requires all state agencies to review their rules at least once every four years.

The 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 (FSP).

PREVIOUS BOARD ACTION: The SBOE last adopted the review of 19 TAC Chapter 129, Subchapters A and B, in April 2012, finding that the reasons for initially adopting the rules continued to exist. Since that time, 19 TAC §129.21 was amended by the SBOE effective August 23, 2012 and December 31, 2014.

The review of 19 TAC Chapter 129, Subchapters A and B, was presented to the Committee on School Finance/Permanent School Fund for discussion in January 2016.

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

No changes to Subchapter A are recommended as a result of the review.

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 FSP funding purposes.

As a separate item in this agenda, a proposed amendment to 19 TAC §129.21, Requirements for Student Attendance Accounting for State Funding Purposes, that would modify the requirements for taking attendance for board-approved off-campus activities to allow paraprofessionals to take attendance is being presented for first reading and filing authorization.

RULE REVIEW: The Texas Education Agency (TEA) filed the notice of proposed review of 19 TAC Chapter 129, Subchapters A and B, with the Texas Register following the January 2016 SBOE meeting. If authorized by the SBOE, the TEA will file the notice of adopted review with the Texas Register following the April 2016 SBOE meeting. The notice of adopted review will state that the SBOE finds the reasons for adopting 19 TAC Chapter 129, Subchapters A and B, continue to exist. Any public comments received during the review of 19 TAC Chapter 129, Subchapters A and B, will also be filed.

The filing of the notice of adopted review stating that the reasons for adoption continue to exist would not preclude any amendments that may be proposed at different dates through a separate rulemaking process.

FISCAL IMPACT: None.

PUBLIC AND STUDENT BENEFIT: The rules in 19 TAC Chapter 129, Subchapters A and B, set forth uniform practices for attendance accounting, assuring consistent and fair administration of the state FSP.

PROCEDURAL AND REPORTING IMPLICATIONS: None.

LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: None.

PUBLIC COMMENTS: Following the January 2016 SBOE meeting, notice of the proposed review of 19 TAC Chapter 129, Subchapters A and B, was filed with the Texas Register, initiating the official public comment period for the review. Any public comments received will be provided to the SBOE prior to the April 2016 meeting.

ALTERNATIVES: None.

OTHER COMMENTS AND RELATED ISSUES: A separate item in this agenda presents the proposed amendment to 19 TAC §129.21 for first reading and filing authorization.

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:
Lisa Dawn-Fisher, Associate Commissioner
School Finance / Chief School Finance Officer

Amanda Brownson, Director
State Funding

Attachments:
I. Statutory Citations (PDF, 22KB)
II. Text of 19 TAC Chapter 129, Student Attendance, Subchapter A, Student Attendance Allowed, and Subchapter B, Student Attendance Accounting (PDF, 26KB)