TITLE 19. EDUCATION
PART 2. TEXAS EDUCATION AGENCY
CHAPTER 61. SCHOOL DISTRICTS
SUBCHAPTER
CC.
The Texas Education Agency (TEA) adopts an amendment to §61.1034, concerning the new instructional facility allotment (NIFA). The amendment is adopted without changes to the proposed text as published in the January 3, 2025 issue of the Texas Register (50 TexReg 17) and will not be republished. The adopted amendment clarifies existing statutory provisions and administrative procedures to calculate the allotment.
REASONED JUSTIFICATION: Texas Education Code, §42.158, enacted by Senate Bill 4, 76th Texas Legislature, 1999, created the NIFA for public school districts. The NIFA is provided for operational expenses associated with the opening of a new instructional facility and is available to all public school districts and open-enrollment charter schools that meet the requirements of the statute and rule. The adopted amendment to §61.1034 clarifies the criteria a school district or charter district must meet to be eligible for the NIFA.
New subsection (b)(2)(E) was added to clarify the current TEA practice of requiring average daily attendance (ADA) for students attending a career and technical education campus to be reported when the ADA for those students is reported at their respective home campuses for purposes of calculating the NIFA.
New subsection (b)(4) clarifies that retaining an existing gymnasium on an instructional campus does not affect the eligibility of a new instructional facility for the NIFA.
SUMMARY OF COMMENTS AND AGENCY RESPONSES: The public comment period on the proposal began January 3, 2025, and ended February 3, 2025. No public comments were received.
STATUTORY AUTHORITY. The amendment is adopted under Texas Education Code (TEC), §48.004, which authorizes the commissioner of education to adopt rules as necessary to implement and administer the Foundation School Program; and TEC, §48.152, which entitles school districts to an allotment of $1,000 for each student in average daily attendance in a manner prescribed by TEC, §48.152(d), for operational expenses associated with opening a new instructional facility as defined by TEC, §48.152(a), and requires the commissioner to reduce each district's allotment under this section in the manner provided by TEC, §48.266(f), if the total amount of allotments to which districts are entitled under this section for a school year exceeds the amount appropriated under §48.152(f).
CROSS REFERENCE TO STATUTE. The amendment implements Texas Education Code, §48.004 and §48.152.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on March 24, 2025.
TRD-202500989
Cristina De La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Effective date: April 13, 2025
Proposal publication date: January 3, 2025
For further information, please call: (512) 475-1497