Texas Register, Volume 37, Number 30, Pages 5519-5676, July 27, 2012 Page: 5,537
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current practice for determining full-time-equivalent (FTE) counts
for special education, bilingual education, and career and techni-
cal education allotments for affected school districts and charter
schools. The proposed amendment would also update the ref-
erence to the database for tracking migrant students.
The statutory authority for the rule, the Texas Education Code
(TEC), 42.005(c), requires the commissioner of education to
adjust the average daily attendance of school districts with a
significant percentage of migrant students. The commissioner
currently adjusts not only the average daily attendance but also
the FTE counts used in calculating the special education, bilin-
gual education, and career and technical education allotments
for these school districts. The amendment would update the rule
to reflect this practice by adding new subsection (b) for determin-
ing FTE counts.
The proposed amendment would also revise the rule to use a
general reference to the current database for tracking migrant
students instead of the specific name of an obsolete migrant stu-
dent tracking database.
In addition, minor technical edits and changes in word usage
would be made, and the section title would be changed for clar-
ification.
The proposed amendment would have no procedural or report-
ing implications. The proposed amendment would have no lo-
cally maintained paperwork requirements.
Shirley Beaulieu, associate commissioner for finance/chief fi-
nancial officer, has determined that for the first five-year period
the amendment is in effect there will be no additional costs for
state or local government as a result of enforcing or administer-
ing the amendment.
Ms. Beaulieu has determined that for each year of the first five
years the amendment is in effect the public benefit anticipated
as a result of enforcing the amendment will be to ensure that
the rule reflects current agency practice with regard to calcula-
tion of Foundation School Program allocations and that the rule
no longer references an obsolete migrant student tracking data-
base. There is no anticipated economic cost to persons who are
required to comply with the proposed amendment.
There is no direct adverse economic impact for small businesses
and microbusinesses; therefore, no regulatory flexibility anal-
ysis, specified in Texas Government Code, 2006.002, is re-
quired.
The public comment period on the proposal begins July 27,
2012, and ends August 27, 2012. Comments on the proposal
may be submitted to Cristina De La Fuente-Valadez, Rulemak-
ing, Texas Education Agency, 1701 North Congress Avenue,
Austin, Texas 78701, (512) 475-1497. Comments may also
be submitted electronically to rules@tea.state.tx.us or faxed to
(512) 463-5337. A request for a public hearing on the proposal
submitted under the Administrative Procedure Act must be
received by the commissioner of education not more than 14
calendar days after notice of the proposal has been published
in the Texas Register on July 27, 2012.
The amendment is proposed under the TEC, 42.005(c), which
requires the commissioner of education to adjust the average
daily attendance of school districts with a significant percentage
of migrant students.
The amendment implements the TEC, 42.005(c).129.1021. Calculation of[Optional Method of Ca!culating] Aver-
age Daily Attendance and Full-Time Equivalents for School [in] Dis-
tricts and Charter Schools with Significant Migrant Population.
(a) For each school district or charter school [Beginning in the
1991 -992 school year and each year thereafter districts] in which the
total [district] enrollment contains 5.0% or more students who have
certificates of eligibility in the state's migrant student tracking database,
the commissioner of education will calculate [migrant students record
transfer system (MtRTS) shall have] the district's or charter school's
annual average daily attendance (ADA) [calculated] by using the best
four of the six-week [six-weeks] periods. In no case may [shall] the
annual ADA calculated by using the best four of the six-week [six-
weeks] periods exceed the sum of the number of students who have
certificates of eligibility plus the ADA calculated by using all six six-
week [six-weeks] periods.
(b) For each school district or charter school in which the to-
tal enrollment contains 5.0% or more students who have certificates of
eligibility in the state's migrant student tracking database, the commis-
sioner will calculate the district's or charter school's annual full-time
equivalents (FTEs) as used in the calculation of the special education,
bilingual education, and career and technical education allotments by
using the best four of the six-week periods for each of the three FTE
counts. In no case may the annual FTE count calculated by using the
best four of the six-week periods exceed the sum of the number of stu-
dents who have certificates of eligibility plus the FTEs calculated by
using all six six-week periods.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on July 16, 2012.
TRD-201203635
Cristina De La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Earliest possible date of adoption: August 26, 2012
For further information, please call: (512) 475-1497
TITLE 22. EXAMINING BOARDS
PART 9. TEXAS MEDICAL BOARD
CHAPTER 163. LICENSURE
22 TAC 163.2, 163.5
The Texas Medical Board (Board) proposes amendments to
163.2, concerning Full Texas Medical License, and 163.5,
concerning Licensure Documentation.
The amendment to 163.2 establishes employment require-
ments for licensure applicants who are not U.S. citizens or
permanent residents, in accordance with Senate Bill 189 that
was adopted during the 82nd Legislative Session.
The amendment to 163.5 establishes what documentation the
Board will accept from applicants to establish U.S. or permanent
residency.
Nancy Leshikar, General Counsel for the Board, has determined
that for each year of the first five years the sections as proposed
are in effect the public benefit anticipated as a result of enforc-
ing this proposal will be to have laws consistent with statutoryPROPOSED RULES July 27, 2012 37 TexReg 5537
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Texas. Secretary of State. Texas Register, Volume 37, Number 30, Pages 5519-5676, July 27, 2012, periodical, July 27, 2012; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth243959/m1/19/: accessed March 19, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.