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
(First Reading and Filing Authorization)

April 8, 2016

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

SUMMARY: This item presents for first reading and filing authorization a 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. The amendment would modify the requirements for taking attendance for board-approved off-campus activities to allow paraprofessionals to take attendance.

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 take such action and require such reports as are necessary to administer the Foundation School Program (FSP) under the TEC, Chapter 42.

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

EFFECTIVE DATE: The proposed effective date of the proposed amendment is 20 days after filing as adopted with the Texas Register. Under TEC, §7.102(f), the SBOE must approve the rule action at second reading and final adoption by a vote of two-thirds of its members to specify an effective date earlier than the beginning of the 2016-2017 school year. The earlier effective date is necessary to allow districts flexibility in a timely manner and align the rule with the student attendance accounting handbook adopted by commissioner rule.

PREVIOUS BOARD ACTION: The SBOE last amended 19 TAC §129.21 effective December 31, 2014. The proposed amendment to 19 TAC §129.21 was discussed at the Committee on School Finance/Permanent School Fund meeting in January 2016 as part of the review of 19 TAC Chapter 129, Subchapters A and B.

BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: Section 129.21 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.

The proposed amendment to 19 TAC §129.21(j)(1) would allow paraprofessionals to take attendance at off-campus activities approved by the local school board.

Although the proposed amendment to 19 TAC §129.21 was discussed at the Committee on School Finance/Permanent School Fund meeting in January 2016 as part of the review of 19 TAC Chapter 129, Subchapters A and B, it was not formally presented as a discussion item. The SBOE, however, may wish to consider this item for first reading and filing authorization as authorized under its operating procedures. Therefore, this item is presented for first reading and filing authorization consideration at this meeting.

FISCAL IMPACT: The Texas Education Agency has determined that there are no additional costs to persons or entities required to comply with the proposed rule action. In addition, there is no direct adverse economic impact for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

PUBLIC AND STUDENT BENEFIT: The proposed amendment would allow paraprofessionals to take attendance when accompanying students to activities approved by the school board that occur off-campus.

PROCEDURAL AND REPORTING IMPLICATIONS: The proposed amendment would have no new procedural and reporting implications.

LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed amendment would have no locally maintained paperwork requirements.

PUBLIC COMMENTS: The official public comment period will begin when the proposal is published in the Texas Register.

ALTERNATIVES: None.

OTHER COMMENTS AND RELATED ISSUES: A request for a public hearing on the proposal submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 14 calendar days after notice of the proposal has been published in the Texas Register.

The adoption of the review of 19 TAC Chapter 129, Student Attendance, Subchapter A, Student Attendance Allowed, and Subchapter B, Student Attendance Accounting, is presented as a separate item in this agenda.

MOTION TO BE CONSIDERED: The State Board of Education:

Suspend the board operating procedures in accordance with §5.2(a) to allow consideration at first reading and filing authorization; and

Approve for first reading and filing authorization the 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.

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

Amanda Brownson, Director
State Funding

Attachments:
I. Statutory Citations (PDF, 18KB)
II. 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 (PDF, 23KB)