19 TAC §61.1012
The Texas Education Agency (TEA) adopts an amendment to §61.1012,
concerning contracts and tuition for education outside a district, without
changes to the proposed text as published in the December 26, 2003, issue
of the
Texas Register
(28 TexReg 11460) and
will not be republished. The section establishes definitions, explains tuition
charges for transfer students, and describes the maximum tuition amount allowed
for property value adjustment. The adopted amendment modifies the existing
rule to allow a district to charge tuition at a rate higher than the rate
limit established by statute, while limiting the tuition-related adjustment
to the district's property value to the statutory limit, in accordance with
House Bill (HB) 1619, 78th Texas Legislature, 2003.
Through 19 TAC §61.1012, adopted to be effective September 7, 2000,
the commissioner exercised rulemaking authority relating to contracts for
tuition outside a school district. In accordance with TEC, §25.039 and §42.106,
the rule establishes definitions, explains tuition charges for transfer students,
and describes the maximum tuition amount allowed for property value adjustment.
HB 1619, 78th Texas Legislature, 2003, modified TEC, §25.039 and §42.106,
allowing a district to charge tuition at a rate higher than the rate limit
established in statute. However, a district's tuition-related adjustments
to property value are still statutorily limited.
The adopted amendment to 19 TAC §61.1012 adds language in subsection
(b) to address higher tuition rates, the written agreement between the home
district and the receiving district, and the adjusted property value for the
home district. In addition, language is added in subsection (c) to clarify
the maximum amount to be used in the adjustment to property value.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Texas Education Code, §25.039
and §42.106, as amended by HB 1619, 78th Texas Legislature, 2003, which
authorize the commissioner of education by rule to specify the amount of tuition
to be paid under contract for education of students outside a district.
The amendment implements the Texas Education Code, §25.039 and §42.106.
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 March 8, 2004.
TRD-200401772
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Effective date: March 28, 2004
Proposal publication date: December 26, 2003
For further information, please call: (512) 475-1497