| (a) General provisions. This section implements the
Texas Education Code (TEC), §48.265 (Excess Funds for Video Surveillance
of Special Education Settings). If the commissioner of education determines
that appropriated funds are highly likely to exceed expenditures under
the Foundation School Program (FSP) for the biennium after accounting
for all critical FSP data required to make accurate expenditure estimates
and there is sufficient funding remaining to provide for a grant program
under the TEC, §48.265, the commissioner shall make a grant application
available to apply for funds to cover the cost of purchasing video
equipment for use in implementing the TEC, §29.022, and announce
the amount of funds available.
(b) Eligibility. School districts and charter schools
that have purchased or that intend to purchase video equipment for
the purpose of implementing the TEC, §29.022, may apply for funds
necessary to reimburse the cost of such equipment. Purchases made
after September 1, 2015, that have not been previously reimbursed
under this grant program or through gifts, grants, or donations under
the TEC, §29.022(f), are eligible to apply.
(c) Application process. School districts and charter
schools must submit a separate application request in each year that
excess funds are made available. The application shall contain, at
a minimum, the following:
(1) a description of the type of equipment to be purchased
or that has been purchased using funds provided under this section;
(2) a description of the intended use of the equipment
to be funded using funds provided under this section; and
(3) an itemized account of the cost of the equipment
to be funded using funds provided under this section.
(d) Finality of award. Awards of assistance under this
section will be made based on the information available to the Texas
Education Agency as of the deadline for receipt of applications for
that application cycle.
(e) Data sources. The maintenance and operations tax
rate and the interest and sinking tax rate will be based on data from
the comptroller of public accounts property tax assistance division
for the current school year. Maintenance and operations tax collections
and the count of students in weighted average daily attendance (WADA)
will come from the most recently published summary of finance for
the most recent school year that is in Final or Near Final status.
(f) Definitions. The following terms have the following
meanings when used in this section.
(1) State maximum compressed tax rate--The state compression
percentage as defined by TEC, §48.255.
(2) Maintenance and operations tax collections per
WADA--The maintenance and operations tax collections net of payments
into a tax increment fund and net of payments for an Instructional
Facilities Allotment lease purchase arrangement as reported in the
most recently available school year that is in Final or Near Final
status divided by the count of students in weighted average daily
attendance as reported in the same summary of finance.
(3) Video equipment--Video equipment as described in §103.1301(b)(8)
of this title (relating to Video Surveillance of Certain Special Education
Settings).
(4) Eligible requests--An eligible request for funds
is a request for video equipment that is necessary to comply with
the provisions of the TEC, §29.022, and that has not received
funds under this section in a prior application cycle or through a
gift, grant, or donation under the TEC, §29.022(f).
(g) Deadlines. The commissioner will announce a deadline
in conjunction with making a determination that excess funds are available
for the purpose of implementing the TEC, §48.265. All applications
received by the announced deadline will be reviewed. Successful applications
will be ranked according to the criteria in subsection (h) of this
section.
(h) Priority status. Upon close of the application
cycle, all eligible applications will be awarded priority status in
accordance with the criteria outlined in paragraphs (1)-(4) of this
subsection. All applications within Priority 1 will be fully funded
before funds are allocated to Priority 2 and Priority 3. Funds not
used for Priority 1 will be allocated to Priority 2 and Priority 3
in proportion to the total funds requested by school districts in
those categories. If Priority 2 and Priority 3 applications are fully
funded, remaining funds will be allocated to Priority 4.
(1) Priority 1. Applications from school districts
that have current-year adopted tax rates for maintenance and operations
at $0.17 above their maximum compressed tax rates. If insufficient
funds remain to fully fund all Priority 1 applications, funds will
be awarded in proportion to the amount of eligible requests for each
applicant compared to total available funds.
(2) Priority 2. Applications from school districts
with maintenance and operations tax rates at least equal to the state
maximum compressed tax rate. Priority 2 applications will be sorted
by maintenance and operations tax collections per WADA and Priority
2 funds shall be awarded beginning with the school district with the
lowest collections per WADA.
(3) Priority 3. Applications from school districts
with interest and sinking fund tax rates of at least $0.40 per $100
of valuation. Priority 3 applications will be sorted by interest and
sinking tax rates, and Priority 3 funds shall be awarded beginning
with the school district with the highest interest and sinking tax
rate. If insufficient funds remain to fully fund all Priority 3 school
districts at a given interest and sinking tax rate, remaining funds
will be awarded in proportion to the amount of eligible requests for
each applicant compared to total available funds.
(4) Priority 4. All other applications. Remaining funds
available for Priority 4 applications, including charter schools,
shall be awarded in proportion to the amount of eligible requests
compared to total available funds.
(i) Distribution of funds. Funds will be allocated
through the FSP and will appear on the school district or charter
school summary of finance and be delivered as soon as is practicable
after awards have been made.
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