19 TAC §61.1034
The Texas Education Agency (TEA) proposes an amendment to §61.1034,
concerning school facilities. The section establishes provisions related to
the allotment for new instructional facilities as authorized under Texas Education
Code (TEC), §42.158. The proposed amendment replaces an earlier version
that was filed as proposed in the March 19, 2004, issue of the
Texas Register
(29 TexReg 2840), which has been withdrawn. Like the
earlier version, the proposed amendment would modify existing provisions in
order to accommodate an electronic, web-based application for funding. The
new proposed changes restore language regarding the requirements to send documents
by certified mail that were inadvertently omitted in the originally proposed
amendment. Additional changes also clarify the deadline for submitting on-line
applications and the supporting documentation.
Senate Bill 4, 76th Texas Legislature, 1999, created the new instructional
facility allotment (NIFA) within the first tier of the Foundation School Program
pursuant to TEC, Chapter 42. The NIFA provides funding of $250 for each student
in average daily attendance at a new instructional facility during the first
school year of operation, and $250 for each new student in attendance at the
facility for the second school year. The specifications for this program were
adopted in 19 TAC §61.1034 in January 2000 and have not been amended
since. The proposed amendment to 19 TAC §61.1034 would add language related
to campus qualifications and the new electronic, web-based application and
would remove outdated language related to specifications for the 1999-2000
school year. This proposed amendment restores language inadvertently omitted
in the original proposal regarding sending documents by certified mail, clarifies
the submission deadline, and makes minor punctuation corrections.
Language is added in subsection (a)(1) to specify the qualification requirements
for first-year, follow-up, and one-year funding.
Language in subsection (b) is modified to establish provisions related
to the first-year application, including electronic submissions and submission
of materials by certified mail; to address the deadline for submitting on-line
applications and supporting documents; and to specify requirements for second-year
applications.
Language in subsection (c)(3) is deleted to remove specifications related
to the 1999-2000 school year. Minor punctuation changes are proposed in subsection
(c)(5).
Joe Wisnoski, Deputy Associate Commissioner for School Finance and Fiscal
Analysis, has determined that for the first five-year period the amendment
is in effect there will be no fiscal implications for state or local government
as a result of enforcing or administering the section.
Mr. Wisnoski has determined that for each year of the first five years
the amendment is in effect the public benefit anticipated as a result of enforcing
the section would be the streamlining of the application process. School districts
would submit their applications for funding via a secure web-based application.
There will not be an effect on small businesses. There is no anticipated economic
cost to persons who are required to comply with the amendment as proposed.
Comments on the proposal may be submitted to Cristina De La Fuente-Valadez,
Policy Coordination, 1701 North Congress Avenue, Austin, Texas 78701, (512)
475-1497. Comments may also be submitted electronically to
rules@tea.state.tx.us
or faxed to (512) 463-0028. All requests for
a public hearing on the proposed amendment submitted under the Administrative
Procedure Act must be received by the commissioner of education not more than
15 calendar days after notice of a proposed change in the section has been
published in the
Texas Register
.
The amendment is proposed under the Texas Education Code, §42.158(f),
which authorizes the commissioner of education to adopt rules as necessary
to implement the new instructional facilities allotment.
The amendment implements the Texas Education Code, §42.158.
§61.1034.New Instructional Facility Allotment.
(a)
Definitions and eligibility. The following definitions
and eligibility criteria apply to the new instructional facility allotment
(NIFA) in accordance with Texas Education Code (TEC), §42.158.
(1)
A facility eligible for the NIFA is a newly constructed
instructional site (campus)[
, not occupied prior to the 1999-2000 school
year,
] used for teaching the curriculum required by TEC, Chapter 28.
To qualify for first-year funding, a new campus will not have been occupied
in the prior school year. To qualify for follow-up funding, the campus will
have been occupied for the first time in the prior school year and funded
for the NIFA for that first year. A special case of one-year funding pertains
to facilities that were occupied for the first time in the prior school year
but did not receive NIFA funds because of a failure to apply. Any such eligible
campus will receive funds for one year of operation only.
(2)
The facility must have its own principal or will receive
an accountability rating through the standard or the optional alternative
rating procedures as described in the most current accountability manuals,
published by the Texas Education Agency (TEA).
(3)
The facility must have its own
unique
campus
ID number as designated by the TEA, its own record of expenditures that is
not a subset of another school budget, and attendance data that can be reported
for those students who are assigned to its campus.
(4)
With the exception of a covered walkway connecting the
new facility to another building, the new facility must be physically separate
from other existing school structures.
(5)
The facility must have its own assigned instructional staff
and instructional program distinct from other facilities, and cannot be a
program for students enrolled in another public school (summer school, evening
school, etc.).
(6)
Expansion or renovation of existing facilities, as well
as portable and temporary structures, are not eligible for the NIFA.
(b)
Application process. School districts must complete
the TEA's on-line
[
an
] application process requesting funding
pursuant to the NIFA.
(1)
The initial (first-year) application must include the following:
(A)
the electronic submission of the TEA's
on-line application for initial funding; and
(B)
the submission of the following materials
by certified mail through the U.S. Postal Service or other common postal carrier:
(i)
a brief description and photograph of the newly constructed
instructional site; and
(ii)
a copy of a legal document that clearly describes the
nature and dates of the new construction.
[(A)
a written request for funds;]
[(B)
a brief description and photograph of
the newly constructed instructional site;]
[(C)
a copy of contracts that document the
nature and dates of the construction; and]
[(D)
an estimate of the number of students
in average daily attendance (ADA).]
(2)
On-line
[
For the 1999-2000 school year,
] applications
must be submitted electronically no later than July
15 and supporting documents
must be postmarked
no later than July
15 of the year preceding the applicable school year
[
by the last
day in December in order to qualify for the allotment. For school years beginning
with 2000-2001, applications must be postmarked by July 15
].
[(3)
All applications must be submitted to
the TEA by certified mail through the U.S. Postal Service or other common
postal carrier.]
(3)
[
(4)
] Second-year applications require
only the
electronic
submission of
the TEA's on-line application
for follow-up funding no later than July 15 of the year preceding the applicable
school year
[
an estimate of students in ADA
].
(c)
Costs and payments. The cost and payments for the NIFA
are determined by the commissioner of education.
(1)
The allotment for the NIFA is a part of the cost of the
first tier of the Foundation School Program (FSP). This allotment is not counted
in the calculation of weighted average daily attendance (WADA) for the second
tier of the FSP.
(2)
If, for all eligible districts combined, the total cost
of the NIFA exceeds the amount appropriated, each allotment is reduced so
that the total amount to be distributed equals the amount appropriated. Reductions
to allotments are made by applying the same number of cents of tax rate in
each district to the district's taxable value of property so that the reduced
total for all districts equals the amount appropriated. For each district,
the taxable value of property is the property value certified by the Comptroller
of Public Accounts for the preceding school year as determined under Government
Code, Chapter 403, Subchapter M, or, if applicable, a reduced property value
that reflects either a rapid decline pursuant to TEC, §42.2521, or a
grade level adjustment pursuant to TEC, §42.106.
(3)
Allocations
[
For the 1999-2000 school year,
districts not subject to the requirements of wealth equalization pursuant
to TEC, Chapter 41, will begin receiving payments of the NIFA in January based
on the estimate of ADA submitted in the funding application. For the remainder
of 1999-2000 and for subsequent years, allocations
] will be made in
conjunction with allotments for the FSP in accordance with the district's
payment class. For districts that are not subject to the requirements of TEC,
Chapter 41, and do not receive payments from the Foundation School Fund, NIFA
distributions will correspond to the schedule for payment class 3.
(4)
For districts that are required to reduce wealth pursuant
to TEC, Chapter 41, any NIFA funds for which the district is eligible are
applied as credits to the amounts owed to equalize wealth.
(5)
For all districts receiving the NIFA, a final (settle-up)
amount earned is determined by the commissioner when final counts of ADA
,
as reported through the Public Education Information Management System
(PEIMS)
,
are available for the eligible campus[
,
] at
the close of business for the school year.
(6)
The amount of funds to be distributed for the NIFA to a
school district is in addition to any other state aid entitlements.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on June 7, 2004.
TRD-200403701
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Earliest possible date of adoption: July 18, 2004
For further information, please call: (512) 475-1497