TITLE 19.EDUCATION

Part 2. TEXAS EDUCATION AGENCY

Chapter 129. STUDENT ATTENDANCE

Subchapter AA. COMMISSIONER'S RULES

19 TAC §129.1023, §129.1025

The Texas Education Agency (TEA) adopts new §129.1023 and §129.1025, concerning student attendance accounting without changes to the proposed text as published in the February 9, 2001, issue of the Texas Register (26 TexReg 1228) and will not be republished. The new sections adopt by reference the 2000- 2001 Student Attendance Accounting Handbook which provides student attendance accounting rules for school districts and charter schools. Texas Education Code (TEC), §42.004, requires the commissioner, in accordance with rules of the State Board of Education (SBOE), to take such action and require such reports as may be necessary to implement and administer the Foundation School Program (FSP). SBOE rule, 19 Texas Administrative Code §129.21, delineates responsibilities of the commissioner to provide: guidelines for attendance accounting, necessary records and procedures required of school districts in preparation of a daily attendance register, and provisions for special circumstances regarding attendance accounting.

The 2000-2001 Student Attendance Accounting Handbook provides school districts and charter schools with the FSP eligibility requirements of all students, prescribes the minimum requirements of all student attendance accounting systems, lists the documentation requirements for attendance audit purposes, specifies the minimum standards for systems that are entirely functional without the use of paper, and details the responsibilities of all district personnel involved in student attendance accounting. The TEA will distribute FSP resources under the procedures specified in the 2000-2001 Student Attendance Accounting Handbook . Given the statewide application of the attendance accounting rules and the existence of sufficient statutory authority for the commissioner of education to adopt by reference the 2000-2001 Student Attendance Accounting Handbook , legal counsel with the TEA recommended that the procedures contained in the handbook be adopted as part of the Texas Administrative Code .

No comments were received regarding adoption of the new sections.

The new sections are adopted under Texas Education Code, §42.004, 74th Texas Legislature, 1995, which authorizes the commissioner of education, in accordance with rules of the State Board of Education, to take such action and require such reports consistent with TEC, Chapter 42, as may be necessary to implement and administer the Foundation School Program.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 20, 2001.

TRD-200102258

Criss Cloudt

Associate Commissioner, Accountability Reporting and Research

Texas Education Agency

Effective date: May 10, 2001

Proposal publication date: February 9, 2001

For further information, please call: (512) 463-9701