| (a) General provisions. This section implements the
Texas Education Code (TEC), §42.2524 (Reimbursement for Disaster
Remediation Costs). The commissioner of education may make a grant
application available and announce the amount of funds available and
the due date for applications for that grant cycle for a school district
or charter school to apply for an amount of Foundation School Program
(FSP) funds determined by the commissioner if the commissioner determines
that:
(1) amounts for this purpose have been appropriated
in accordance with Texas Government Code, §418.073; or
(2) appropriated FSP funds are highly likely to exceed
the amount to which school districts or charter schools are entitled
under the TEC, Chapter 42 and Chapter 46, under the FSP for the biennium,
after accounting for all critical FSP data required to make FSP expenditure
estimates and all other required FSP grants or FSP awards are fulfilled
in accordance with Texas law, and there is sufficient funding remaining
to provide for a grant program under the TEC, §42.2524.
(b) Eligibility. A school district or charter school
that meets the following criteria is eligible to apply:
(1) in accordance with TEC, §42.2524(a), all or
part of the school district or charter school must be located in an
area declared a disaster by the governor under Texas Government Code,
Chapter 418;
(2) in accordance with TEC, §42.2524(b), the school
district or 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 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, §42.2524(b), the school
district or 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 charter school must submit a completed application by the application
deadline. A school district or 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 charter school for replacing school facilities,
equipment, and supplies needed to provide instruction at a location
where students eligible for FSP funding regularly attend classes.
(2) Paid disaster remediation costs--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, §42.2524(b), (e), and (h), that the school district
or charter school does not anticipate recovering through insurance
proceeds, federal disaster relief payment, or another similar source
of reimbursement in accordance with TEC, §42.2524(b), 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 charter
school must submit a new application each time funds are made available
under subsection (a) of this section on a form prescribed by the Texas
Education Agency (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 charter school is in the area
declared a disaster;
(2) the total dollar amount of paid disaster remediation
costs;
(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 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 charter school
is seeking reimbursement as part of the grant program supported by
evidence of payment pursuant to subsection (c)(2) of this section;
(5) an explanation as to why the school district or
charter school does not anticipate to be reimbursed from insurance
proceeds, federal disaster relief payments, or another similar source
of reimbursement for each specific paid disaster remediation cost
identified in paragraph (4) of this subsection for which the school
district or charter school is seeking reimbursement as part of the
grant program;
(6) a certification from the school district or charter
school board and school district superintendent or charter school
chief executive officer that all paid disaster remediation costs for
which the school district or charter school is seeking reimbursement
under paragraph (4) of this subsection qualify as paid disaster remediation
costs that the school district or charter school paid during the two-year
period following the governor's initial disaster proclamation or executive
order declaring a disaster and that the school district or charter
school board and school district superintendent or charter school
chief executive officer do not anticipate recovering through insurance
proceeds, federal disaster relief payments, or another similar source
of reimbursement; and
(7) a certification from the school district or charter
school board and school district superintendent or charter school
chief executive officer that the school district or charter school,
for any paid disaster remediation costs for which the school district
or charter school is seeking reimbursement under paragraph (4) of
this subsection, the school district or charter school 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) 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 subsections (d)(6) and (7) of this section. A school district or
charter school is not entitled to any requested reimbursement, and
a decision by the commissioner is final and may not be appealed.
(f) Deadlines. The commissioner will announce a deadline
for grant applications in conjunction with making a determination
of the amount of funds available for the grant 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 allocated in accordance with
subsection (g) of this section.
(g) Prioritization of awards. Upon close of the application
cycle, all eligible applications will be awarded priority status in
accordance with the criteria outlined in paragraphs (1) and (2) of
this subsection. All applications within Priority 1 will be fully
funded before funds are allocated to Priority 2.
(1) Priority 1. Applications from school districts
and charter schools that are not subject to the provisions of TEC,
Chapter 41. If insufficient funds are available to fully fund Priority
1 eligible applications, award amounts will be reduced proportionately.
(2) Priority 2. Applications from school districts
or charter schools that are subject to the provisions of TEC, Chapter
41. If sufficient funds are not available to fully fund Priority 2
eligible applications, award amounts will be reduced proportionately.
Only expenses that were not reimbursed under the TEC, §41.0931
(Disaster Remediation Costs), are eligible to be reimbursed under
this section.
(h) Distribution of funds. Funds will be allocated
through the FSP and will appear on the school district or charter
school payment ledger and be delivered as soon as is practicable after
awards have been made.
Cont'd... |
