| (a) General provisions. This section implements Texas
Education Code (TEC), §48.281 (Maintenance of Effort and Equity
for Federal Money Related to COVID-19 Pandemic), which provides for
increases in funding to school districts and open-enrollment charter
schools as necessary to ensure compliance with requirements regarding
maintenance of equity under Coronavirus Response and Relief Supplemental
Appropriations Act, 2021 (Div. M, Pub. L. No. 116-260, reprinted in
note, 20 U.S.C. Section 3401), Section 317; and American Rescue Plan
Act of 2021 (Pub. L. No. 117-2, reprinted in note, 20 U.S.C. Section
3401), Section 2001. In accordance with TEC, §48.281, this section
defines the data sources that the Texas Education Agency (TEA) will
use in calculating the amount of the funding.
(b) Definitions. The following terms have the following
meanings when used in this section.
(1) Average daily attendance (ADA)--This term has the
meaning defined by TEC, §48.005(a). For the 2020-2021 school
year, ADA will include adjustments related to the ADA hold harmless
provided for that school year but will exclude any reduction in ADA
arising from the application of the Elementary and Secondary School
Emergency Relief funding toward the ADA hold harmless.
(2) Foundation School Program (FSP)--The program established
under TEC, Chapters 46, 48, and 49, or any successor program of state-appropriated
funding for school districts in Texas.
(3) Maintenance and operations (M&O) revenue--The
total M&O revenue available to a school district for maintenance
and operations under the FSP, including state aid and M&O tax
collections net of any required recapture payments. For the 2020-2021
school year, total M&O revenue will include adjustments resulting
from the reduction in ADA arising from the application of the Elementary
and Secondary School Emergency Relief funding toward the ADA hold
harmless.
(4) Summary of Finances (SOF)--The SOF report summarizes
the total M&O revenue available to a school district or open-enrollment
charter school under the FSP.
(c) Data sources for calculating M&O revenue per
ADA for the 2018-2019, 2020-2021, 2021-2022, and 2022-2023 school
years.
(1) M&O revenue and ADA for the 2018-2019 school
year will use final data from the district planning estimate (DPE)
column of SOF Run Identification (Run ID) 34151, subject to the limitation
in subsection (d) of this section.
(2) M&O revenue and ADA for the 2020-2021 school
year will use final data from the DPE column of SOF Run ID 33729 and
33254, respectively, subject to the limitation in subsection (d) of
this section.
(3) M&O revenue and ADA for the 2021-2022 and 2022-2023
school years will use the most current data for each column of the
SOF report, subject to the limitation in subsection (d) of this section.
(4) For the 2022-2023 school year only, for purposes
of calculating a school district or open-enrollment charter school's
2022-2023 allotment under paragraph (3) of this subsection, M&O
revenue for the 2021-2022 school year will also include the allotment
under paragraph (3) of this subsection.
(d) Limitations on calculations.
(1) For purposes of calculating an allotment under
this section, the prior year M&O revenue and ADA for the 2018-2019
and 2020-2021 school years will not be changed from the SOF Run IDs
identified in subsection (c)(1) and (2) of this section.
(2) TEA will stop running calculations for the 2021-2022
school year after June 30, 2023, and the amounts that a school district
or open-enrollment charter school would have received for the 2021-2022
school year under TEC, §48.281(a), will not be changed after
that date.
(3) TEA will stop running calculations for the 2022-2023
school year after June 30, 2024, and the amounts that a school district
or open-enrollment charter school would have received for the 2022-2023
school year under TEC, §48.281(a), will not be changed after
that date.
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