Texas Administrative Code Title 19

Education: As effective August 6, 2010

Part 6

Chapter 201

§201.1: Purpose

The purpose of these rules is to provide for an orderly and efficient system of procedure before the Foundation School Fund Budget Committee in order to receive information, reports, testimony, and public comment pertinent to the Foundation School Fund Budget Committee's duties under the Texas Education Code, §42.102 and §42.256.

Comments

Source Note: The provisions of this §201.1 adopted to be effective January 25, 1991, 16 TexReg 172; amended to be effective March 26, 1997, 22 TexReg 2876.

§201.5: Definitions

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) CEI--The Cost of Education Index as defined by the Texas Education Code, §42.102.

(2) Committee--The Foundation School Fund Budget Committee.

(3) Designees--Those individuals representing a committee member.

(4) Hearing--A proceeding at which testimony is taken.

(5) LBB--The Legislative Budget Board.

(6) Meeting--A meeting of the committee subject to the Open Meetings Act, Texas Government Code, Chapter 551.

(7) TEA--The Texas Education Agency.

Comments

Source Note: The provisions of this §201.5 adopted to be effective January 25, 1991, 16 TexReg 172; amended to be effective March 26, 1997, 22 TexReg 2876.

§201.9: Filing of Documents

(a) Documents. All documents relating to any matter pending before the committee shall be filed with the Office of Budget and Planning of the governor's office.

(1) Documents may be filed by mail.

(2) Documents shall be deemed to have been filed when received.

(b) Mandatory filings.

(1) The LBB shall file with the committee all recommendations and all written and oral testimony and reports used or reviewed in their deliberations under the Texas Education Code, §42.007.

(2) The committee may request from TEA or LBB prior to December 1 of each even-numbered year, estimates of the annual costs of the Foundation School Program for the succeeding biennium. The estimates shall be based on projected student counts and projected tax rates for the effective period. The methodology and assumptions used in computing the estimates of costs of the Foundation School Program may also be requested.

(c) Permissive filings. Any other person interested in the committee's rulemaking may file any information pertinent to a proposed rule.

Comments

Source Note: The provisions of this §201.9 adopted to be effective January 25, 1991, 16 TexReg 172; amended to be effective March 26, 1997, 22 TexReg 2876.

§201.13: Organization of the Committee

(a) The chair of the committee shall be the governor.

(b) The vice-chair of the committee shall be the lieutenant governor.

(c) The committee shall designate a clerk who shall be responsible for the maintenance of all committee records and who shall serve as committee liaison to the secretary of state in accordance with Texas Government Code, Chapter 2002.

(d) Any two members of the committee constitute a quorum.

(e) Any action of the committee requires the affirmative vote of at least two members.

(f) The meetings of the committee may be called by the chair.

(g) The meetings of the committee may be called by the vice-chair at the request of any other committee member.

(h) Notice of any meeting shall be posted in accordance with Texas Government Code, Chapter 551.

Comments

Source Note: The provisions of this §201.13 adopted to be effective January 25, 1991, 16 TexReg 172; amended to be effective March 26, 1997, 22 TexReg 2876.

§201.17: Place and Nature of Hearings

All hearings conducted in any proceedings shall be open to the public. All hearings shall be held in Austin unless for good and sufficient cause the committee shall designate another place of hearing in the interest of the public.

Comments

Source Note: The provisions of this §201.17 adopted to be effective January 25, 1991, 16 TexReg 172.

§201.21: Designees

(a) Each member of the committee may name a designee to represent that member in any hearing to take public testimony with regard to a proposed rule.

(b) At any hearing at which public testimony with regard to any proposed rule is given, a quorum of committee members or their designees is not required.

(c) The committee members or their designees may call upon any interested person to present testimony.

(d) The designees shall have authority to receive testimony and examine interested persons.

(e) Any hearing may be recessed from day to day.

(f) If a designee is unable to continue presiding over any hearing at any time before the end of the hearing, another designee may be appointed who will perform any function remaining to be performed without the necessity of repeating any previous proceedings.

(g) At the conclusion of the hearings the designees shall prepare a summary of the testimony received and submit it to the committee.

Comments

Source Note: The provisions of this §201.21 adopted to be effective January 25, 1991, 16 TexReg 172.

§201.25: Proposed Rules

The committee shall accept the recommendations of the LBB as the committee's proposed rules. Further the committee hereby empowers the committee clerk to prepare and deliver or cause to be delivered the said proposed rules to the Texas Register for publication.

Comments

Source Note: The provisions of this §201.25 adopted to be effective January 25, 1991, 16 TexReg 172; amended to be effective March 26, 1997, 22 TexReg 2876.

§201.29: Reporters and Transcripts

All proceedings will be either recorded or transcribed. When requested, a transcript of the proceedings will be made available to an interested person making such request. The cost of such transcript will be borne by said interested person.

Comments

Source Note: The provisions of this §201.29 adopted to be effective January 25, 1991, 16 TexReg 172.

Chapter 203

§203.1: General Provisions

This rule establishes a formula for the calculation of each public school district's cost of education index which will be used by the Central Education Agency in determining each district's state aid for the 1997-1998 and 1998-1999 school years. The cost of education index shall adjust for cost variations caused by factors beyond the control of school districts. An adjustment is made for small districts with fewer than 2,000 ADA that are not eligible for the small district adjustment in the Texas Education Code, §42.103.

Comments

Source Note: The provisions of this §203.1 adopted to be effective January 25, 1991, 16 TexReg 172; amended to be effective September 1, 1995, 20 TexReg 3326; amended to be effective March 26, 1997, 22 TexReg 2876.

§203.5: Definition of Terms and Data Elements

(a) Average daily attendance. The average daily attendance (ADA) for the diseconomies of scale component shall be that reported on the "Principal's Semester Report of Student Attendance and Contact Hours" for the relevant school year, either 1991-1992 or 1992-1993. The commissioner of education shall adjust the ADA of those districts which do not offer all grades to reflect the number of students transferred out of the district to attend other districts.

(b) Competitive beginning average annual salary. The competitive beginning average annual salary for a district was the average annual salary of beginning instructional personnel in other districts with which the district competes. Instructional staff was defined as teachers, nurses, and librarians. The role identification reported on the Public Information Management System (PEIMS) data submission for the 1989-1990 school year was used to determine if an individual was assigned as instructional staff. The assignment must have been the major assignment of the individual as determined by days employed and percent of day assigned. If the role identification was equal to 25, 29, 13, or 22 then the individual was categorized as instructional staff. To compute the competitive beginning average annual salary, the salaries and full-time equivalencies of instructional staff with zero years of experience was aggregated for all the districts in counties contiguous to the district's county and the other districts in the district's county. The average salary was then computed as the aggregate salaries divided by the aggregate full-time equivalencies. The source was the fall PEIMS data submission for the 1989-1990 school year.

(c) County population. The estimate of 1990 county population from the Texas Department of Health, dated May 1987, was used.

(d) District type. The district types were those determined by the Texas Education Agency for the 1989-1990 school year. An adjustment is made for districts which are categorized as independent towns or rural. All other districts do not receive a district type adjustment. A district categorized as an independent town was the largest school district in a county with a population between 25,000 to 100,000, or any other district in that county with an average daily attendance at least 75% of the largest district's. Furthermore, the district must not have qualified for categorization as a major suburban district or an other central city suburban district as defined by the Texas Education Agency. Districts categorized as rural are those school districts which either had a student count of between 300 and 743 and a growth rate of less than 20%, or that had a student count of less than 300.

(e) Percent low income. This value was derived by dividing the best six-months average of students claiming free and reduced lunches under the National School Lunch Program (NSL) for the 1988-1989 school year by the average daily attendance in the district for the 1989-1990 school year, and multiplying the result by 100.

(f) Size of district. This value for the cost component is the average daily attendance in the district for the 1989-1990 school year as reported on the "Superintendent's Report of Pupil Attendance and Contact Hours."

Comments

Source Note: The provisions of this §203.5 adopted to be effective January 25, 1991, 16 TexReg 172.

§203.10: Calculation of Adjustment for Cost Variations

The adjustment for cost variations shall be computed according to the following chart. District values for the elements defined in §203.5(b)-(f) of this title (relating to Definition of Terms and Data Elements) shall be compared to the ranges listed below and the appropriate number of points shall be added or subtracted to the base index value of 1.00.

Attached Graphic

Comments

Source Note: The provisions of this §203.10 adopted to be effective January 25, 1991, 16 TexReg 172.

§203.20: Computation of Cost of Education Index

A district's cost of education index adjustment for the 1997-1998 and 1998-1999 school years shall be computed by the commissioner of education by calculating each district's cost adjustment in §203.10 of this title (relating to Calculation of Adjustment for Cost Variations). If a school district has more than 1,600 students but not more than 2,000 students in average daily attendance (ADA), the commissioner shall modify the cost adjustment in §203.10 by multiplying it by the following size factor: 1.0 + ((2000 - ADA) * .00014).

Comments

Source Note: The provisions of this §203.20 adopted to be effective January 25, 1991, 16 TexReg 172; amended to be effective September 1, 1995, 20 TexReg 3326; amended to be effective March 26, 1997, 22 TexReg 2876.

§203.25: Adjustment of Basic Allotment

For the 1997-1998 and 1998-1999 school years, the commissioner shall adjust each district's basic allotment by applying the following formula: ABA = BA * (((Cost of Education Index - 1) * .71) + 1) where "ABA" is the adjusted basic allotment; "BA" is the basic allotment; and "Cost of Education Index" is the Cost of Education Index computed in §203.20 of this title (relating to Computation of Cost of Education Index).

Comments

Source Note: The provisions of this §203.25 adopted to be effective January 25, 1991, 16 TexReg 172; amended to be effective September 1, 1995, 20 TexReg 3326; amended to be effective March 26, 1997, 22 TexReg 2876.

§203.30: Data Values for Cost of Education Index Factors

(a) The data values for the data items listed in §203.5(b)-(f) of this title (relating to Definition of Terms and Data Elements) are listed for each school district in Texas in the table entitled Listing of Data Values for 1991-1992/1992-1993 COE Index Factors which is adopted by reference as an official rule of the Foundation School Fund Budget Committee. A copy is available for examination during regular office hours, 8:00 a.m. to 5:00 p.m., except holidays, Saturdays, and Sundays, at the Governor's Budget and Planning Office, 1100 San Jacinto, Austin, Texas 78701.

(b) Should the need for correction of any data values be proven, the commissioner of education shall adjust the index for the district.

Comments

Source Note: The provisions of this §203.30 adopted to be effective January 25, 1991, 16 TexReg 172; amended to be effective March 26, 1997, 22 TexReg 2876.

Chapter 205

§205.1: General Provisions

This rule establishes the equalized funding elements to be used by the Central Education Agency in determining each district's Foundation School Program allocations and state aid for the 1997-1998 and 1998-1999 school years. The equalized funding elements are to be appropriately set to meet the state funding policy in Texas Education Code, §42.001.

Comments

Source Note: The provisions of this §205.1 adopted to be effective September 1, 1995, 20 TexReg 3326; amended to be effective March 26, 1997, 22 TexReg 2876.

§205.11: Basic Allotment

The basic allotment shall be $2,387 per student in average daily attendance as defined in Texas Education Code, §42.101.

Comments

Source Note: The provisions of this §205.11 adopted to be effective September 1, 1995, 20 TexReg 3326; amended to be effective March 26, 1997, 22 TexReg 2876.

§205.21: Cost of Education Adjustment

The cost of education adjustment shall be the cost of education index as defined in Chapter 203 of this title (relating to Education Index for Public Education Budget Committee).

Comments

Source Note: The provisions of this §205.21 adopted to be effective September 1, 1995, 20 TexReg 3326.

§205.31: Program Cost Differentials

The program cost differentials for special education, compensatory education, bilingual education, career and technology education, and gifted and talented education shall be those defined in the Texas Education Code, Chapter 42, Subchapter C.

Comments

Source Note: The provisions of this §205.31 adopted to be effective September 1, 1995, 20 TexReg 3326; amended to be effective March 26, 1997, 22 TexReg 2876.

§205.41: Maximum Guaranteed Level for the Guaranteed Yield Program (Tier 2)

The guaranteed yield shall be $21 per weighted pupil per cent of tax effort.

Comments

Source Note: The provisions of this §205.41 adopted to be effective September 1, 1995, 20 TexReg 3326; amended to be effective March 26, 1997, 22 TexReg 2876.

§205.51: Enrichment and Facilities Tax Rate under Tier 2

The enrichment and facilities tax rate shall be calculated as provided in Texas Education Code, §42.302 and may not exceed $.64 per $100 of valuation as specified in Texas Education Code, §42.303.

Comments

Source Note: The provisions of this §205.51 adopted to be effective September 1, 1995, 20 TexReg 3326; amended to be effective March 26, 1997, 22 TexReg 2876.

§205.61: Calculation of Weighted Students

The number of students in weighted average daily attendance shall be calculated as specified in Texas Education Code, §42.302. For purposes of this calculation, the allotments under Texas Education Code, Subchapters B and C shall represent the net allotments to each district.

Comments

Source Note: The provisions of this §205.61 adopted to be effective September 1, 1995, 20 TexReg 3326; amended to be effective March 26, 1997, 22 TexReg 2876.