19 TAC §62.1071
The Texas Education Agency (TEA) adopts an amendment to §62.1071,
concerning the administration of wealth equalization, without changes to the
proposed text as published in the February 13, 2004, issue of the
Texas Register
(29 TexReg 1285) and will not be republished. The section
addresses wealth equalization provisions relating to identification, alternative
calculation of wealth, actions and costs to equalize wealth, administrative
requirements, noncompliance, excellence exemption, and property value decline.
The adopted amendment changes the point at which the current year's distribution
from the Available School Fund is applied to the revenues a district is allowed
to obtain from its tax base.
Through 19 TAC §62.1071 the commissioner exercises rulemaking authority
for implementation of TEC, Chapter 41, Equalized Wealth Level. School districts
subject to the provisions of TEC, Chapter 41, have identified an alternate
interpretation of statutory language regarding the wealth level to which certain
school districts should be entitled. The alternate method changes the point
at which the current year's distribution from the Available School Fund is
applied to the revenues a district is allowed to obtain from its tax base.
For districts with increases in population since 1992-1993, the amendment
allows additional tax base to be retained. For those with declines in population
over the same time period, there is a decrease in the tax base the districts
are allowed to retain.
The adopted amendment to 19 TAC §62.1071 adds new subsection (d)(12)
to clarify the calculation of the wealth level that applies to certain districts
that had spending levels in 1992-1993 that cannot be maintained at a wealth
level of $305,000 per weighted student. In particular, it clarifies the treatment
of the per capita distribution in the calculation of the property wealth level
to which such districts should have access.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Texas Education Code (TEC), §41.006,
which authorizes the commissioner of education to adopt rules necessary for
the implementation of TEC, Chapter 41, Equalized Wealth Level.
The amendment implements the Texas Education Code, §41.002 and §41.006.
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 19, 2004.
TRD-200402566
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Effective date: May 9, 2004
Proposal publication date: February 13, 2004
For further information, please call: (512) 475-1497