| (a) General provisions. Subsections (a)-(m) of this
section implement Texas Education Code (TEC), §48.261 (Reimbursement
for Disaster Remediation Costs). The commissioner of education may
provide disaster remediation cost reimbursement under subsections
(a)-(m) of this section only if funds are available for that purpose
from:
(1) amounts appropriated for that purpose, including
amounts appropriated for school districts or open-enrollment charter
schools for that purpose to the disaster contingency fund established
under Texas Government Code, §418.073; or
(2) Foundation School Program (FSP) funds available
for that purpose based on a determination by the commissioner that
the amount appropriated for the FSP, including the facilities component
as provided by TEC, Chapter 46, exceeds the amount to which school
districts and open-enrollment charter schools are entitled under this
subchapter and TEC, Chapter 46.
(b) Eligibility. A school district or an open-enrollment
charter school that meets the following criteria is eligible to apply:
(1) all or part of the school district or open-enrollment
charter school must be located in an area declared a disaster area
by the governor under Texas Government Code, Chapter 418;
(2) the school district or open-enrollment charter
school must have incurred and paid disaster remediation costs during
the two-year period following the date of the governor's initial proclamation
or executive order declaring a state of disaster that the school district
or open-enrollment charter school does not anticipate recovering through
insurance proceeds, federal disaster relief payments, or another similar
source for reimbursement; and
(3) in accordance with TEC, §48.261, the school
district or open-enrollment charter school must apply for reimbursement
during the two-year period following the date of the governor's initial
proclamation or executive order declaring a state of disaster. The
school district or open-enrollment charter school must submit a completed
application by the application deadline. A school district or an open-enrollment
charter school that submits an incomplete application or submits an
application after the application deadline may be deemed ineligible
for funds.
(c) Definitions. The following terms have the following
meanings when used in this section.
(1) Disaster remediation costs--Costs incurred by a
school district or an open-enrollment charter school for replacing
school facilities; equipment, including, but not limited to, the cost
to repair or replace vehicles or computers damaged in the disaster;
and supplies needed to provide instruction at a location where students
eligible for FSP funding regularly attend classes.
(2) Paid disaster remediation costs--Disaster remediation
costs that are paid or remitted resulting in an outflow of cash in
exchange for goods or services evidenced by an invoice, receipt, voucher,
or other such document, and in accordance with standards found in
the Financial Accountability System Resource Guide adopted by reference
in §109.41 of this title (relating to Financial Accountability
System Resource Guide) and TEC, §48.261, that the school district
or open-enrollment charter school does not anticipate recovering through
insurance proceeds, federal disaster relief payment, or another similar
source of reimbursement in accordance with TEC, §48.261, and
that were paid during the two-year period following the governor's
initial proclamation or executive order declaring a state of disaster.
(d) Application process. A school district or an open-enrollment
charter school seeking disaster reimbursement must submit a new application
each time Texas Education Agency (TEA) opens a disaster reimbursement
application process on a form prescribed by TEA. The application shall
contain, at a minimum, the following:
(1) identification of the governor's initial proclamation
or executive order declaring a state of disaster and evidence that
all or part of the school district or open-enrollment charter school
is in the area subject to the disaster declaration;
(2) the total dollar amount of paid disaster remediation
costs during the two-year period following the governor's proclamation
or executive order declaring a state of disaster;
(3) the total dollar amount of paid disaster remediation
costs paid during the two-year period following the governor's proclamation
or executive order declaring a state of disaster that the school district
or open-enrollment charter school anticipates to be reimbursed from
insurance proceeds, federal disaster relief payments, or another similar
source of reimbursement;
(4) the total difference between the amounts of paid
disaster remediation costs specified in paragraphs (2) and (3) of
this subsection and, of the total difference, the specific paid disaster
remediation costs for which the school district or open-enrollment
charter school is seeking reimbursement under TEC, §48.261;
(5) an explanation as to why the school district or
open-enrollment charter school does not anticipate being reimbursed
from insurance proceeds, federal disaster relief payments, or another
similar source of reimbursement for each paid disaster remediation
cost identified in paragraph (4) of this subsection;
(6) a certification from the school district or open-enrollment
charter school board and superintendent or chief executive officer
that all paid disaster remediation costs for which the school district
or open-enrollment charter school is seeking reimbursement under paragraph
(4) of this subsection qualify as paid disaster remediation costs
and that the school district or open-enrollment charter school board
and superintendent or chief executive officer do not anticipate recovering
these payments through insurance proceeds, federal disaster relief
payments, or another similar source of reimbursement; and
(7) a certification from the school district or open-enrollment
charter school board and superintendent or chief executive officer
that the school district or open-enrollment charter school, for any
paid disaster remediation costs for which the school district or open-enrollment
charter school is seeking reimbursement under paragraph (4) of this
subsection, has made and will continue to make efforts to seek reimbursement
from insurance proceeds, federal disaster relief payments, or another
similar source of reimbursement as allowable or appropriate.
(e) Updates for new payments. If a school district
or open-enrollment charter school makes more paid disaster remediation
cost payments after submission of its initial application to the TEA
and prior to the deadline announced for disaster reimbursement application
submission, the TEA will prescribe a form allowing the school district
or open-enrollment charter school to submit additional paid disaster
remediation cost payments and information consistent with the application
process in subsection (d) of this section and will increase the amount
of reimbursement as available and appropriate.
(f) Reporting requirement. Annually after the date
of the award under this disaster reimbursement program, the awarded
school district or open-enrollment charter school board and superintendent
or chief executive officer shall provide a certified report on a form
prescribed by TEA until all insurance proceeds, federal disaster relief,
or other similar sources of reimbursements related to the disaster
are finalized. On the report, the school district or open-enrollment
charter school shall identify any insurance proceeds, federal disaster
relief payments, or other similar sources of reimbursement that the
school district or open-enrollment charter school received for which
the school district or open-enrollment charter school previously received
reimbursement payment from TEA. TEA will adjust funding for any overpayments
made to the school district or open-enrollment charter school based
on the final report made under this subsection of the school district
or open-enrollment charter school out of the school district's or
open-enrollment charter school's future FSP payments or will require
a refund from the school district or open-enrollment charter school.
(g) Finality of award. Awards of assistance under this
section will be made based only on paid disaster remediation costs.
Prior to making an award, TEA may request additional documentation,
including, but not limited to, evidence described in subsection (c)(2)
of this section and evidence supporting the certifications required
by subsection (d)(6) and (7) of this section. A school district or
an open-enrollment charter school is not entitled to any requested
reimbursement, and a decision by the commissioner is final and may
not be appealed.
(h) Deadlines. The commissioner will announce a deadline
for disaster reimbursement applications in conjunction with making
a determination of the amount of funds available for the disaster
reimbursement program cycle. All applications received by the announced
deadline will be reviewed. Applications will be funded if sufficient
funds are available to fully fund each application. If sufficient
funds are not available to fully fund each application, funding will
be prorated proportionately Cont'd... |
