TITLE 19. EDUCATION

PART 2. TEXAS EDUCATION AGENCY

CHAPTER 61. SCHOOL DISTRICTS

SUBCHAPTER AA. COMMISSIONER'S RULES ON SCHOOL FINANCE

19 TAC §61.1008

The Texas Education Agency (TEA) adopts new §61.1008, concerning the school safety allotment. The new section is adopted without changes to the proposed text as published in the May 1, 2020 issue of the Texas Register (45 TexReg 2806) and will not be republished. The adopted new rule reflects changes made by Senate Bill (SB) 11, 86th Texas Legislature, 2019.

REASONED JUSTIFICATION: Texas Education Code (TEC), §42.168, added by SB 11, 86th Texas Legislature, 2019, directs the commissioner to adopt rules and take action as necessary to implement and administer the school safety allotment. The allotment provides additional funding for a school district in the amount provided by appropriation for each student in average daily attendance. Funds allocated for that purpose must be used to improve school safety and security, including costs associated with: (1) securing school facilities; (2) providing security for the district; (3) school safety and security training and planning; and (4) providing programs related to suicide prevention, intervention, and postvention.

House Bill 3, 86th Texas Legislature, 2019, passed independently of SB 11, transferred many Foundation School Program formulas to TEC, Chapter 48. Adopted new §61.1008 implements TEC, §42.168, by explaining that the school safety allotment will be treated as if it is located in TEC, Chapter 48. It is anticipated that the legislature will transfer TEC, §42.168, to TEC, Chapter 48, when it convenes in 2021.

SUMMARY OF COMMENTS AND AGENCY RESPONSES: The public comment period on the proposal began May 8, 2020, and ended June 8, 2020. No public comments were received.

STATUTORY AUTHORITY. The new section is adopted under Texas Education Code, §42.168, as added by Senate Bill 11, 86th Texas Legislature, 2019, authorizes the school safety allotment.

CROSS REFERENCE TO STATUTE. The new section implements Texas Education Code, §42.168, as added by Senate Bill 11, 86th Texas Legislature, 2019.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 5, 2020.

TRD-202003176

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Effective date: August 25, 2020

Proposal publication date: May 1, 2020

For further information, please call: (512) 475-1497