Texas Education Code - Section 42.005. Average Daily Attendance
Legal Research Home >
Texas Lawyer > Education Code > Texas Education Code - Section 42.005. Average Daily Attendance
§ 42.005. AVERAGE DAILY ATTENDANCE. (a) In this chapter,
average daily attendance is:
(1) the quotient of the sum of attendance for each day
of the minimum number of days of instruction as described under
Section 25.081(a) divided by the minimum number of days of
instruction;
(2) for a district that operates under a flexible year
program under Section 29.0821, the quotient of the sum of
attendance for each actual day of instruction as permitted by
Section 29.0821(b)(1) divided by the number of actual days of
instruction as permitted by Section 29.0821(b)(1); or
(3) for a district that operates under a flexible
school day program under Section 29.0822, the average daily
attendance as calculated by the commissioner in accordance with
Section 29.0822(d).
(a-1) Expired.
(b) A school district that experiences a decline of two
percent or more in average daily attendance shall be funded on the
basis of:
(1) the actual average daily attendance of the
preceding school year, if the decline is the result of the closing
or reduction in personnel of a military base; or
(2) subject to Subsection (e), an average daily
attendance not to exceed 98 percent of the actual average daily
attendance of the preceding school year, if the decline is not the
result of the closing or reduction in personnel of a military base.
(c) The commissioner shall adjust the average daily
attendance of a school district that has a significant percentage
of students who are migratory children as defined by 20 U.S.C.
Section 6399.
(d) The commissioner may adjust the average daily
attendance of a school district in which a disaster, flood, extreme
weather condition, fuel curtailment, or other calamity has a
significant effect on the district's attendance.
(e) For each school year, the commissioner shall adjust the
average daily attendance of school districts that are entitled to
funding on the basis of an adjusted average daily attendance under
Subsection (b)(2) so that:
(1) all districts are funded on the basis of the same
percentage of the preceding year's actual average daily attendance;
and
(2) the total cost to the state does not exceed the
amount specifically appropriated for that year for purposes of
Subsection (b)(2).
(f) An open-enrollment charter school is not entitled to
funding based on an adjustment under Subsection (b)(2).
(g) If a student may receive course credit toward the
student's high school academic requirements and toward the
student's higher education academic requirements for a single
course, the time during which the student attends the course shall
be counted as part of the minimum number of instructional hours
required for a student to be considered a full-time student in
average daily attendance for purposes of this section.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 1071, § 12, eff. Sept. 1,
1997; Acts 2001, 77th Leg., ch. 924, § 1, eff. Sept. 1, 2001;
Acts 2001, 77th Leg., ch. 1156, § 3, eff. Sept. 1, 2001; Acts
2003, 78th Leg., ch. 220, § 2, eff. Sept. 1, 2003; Acts 2003,
78th Leg., ch. 824, § 3, eff. June 20, 2003; Acts 2005, 79th
Leg., ch. 1339, § 4, eff. June 18, 2005; Acts 2006, 79th Leg.,
3rd C.S., ch. 5, § 5.07, eff. May 26, 2006.
Section: 41.255 41.256 41.257 42.001 42.002 42.003 42.004 42.005 42.007 42.101 42.102 42.103 42.104 42.105
Last modified: August 10, 2007
|
