| (a) Student eligibility. School districts and open-enrollment
charter schools that do not participate in the national school lunch program
may derive an eligible student count by an alternative method for the purpose
of receiving the compensatory education allotment pursuant to Texas Education
Code, §42.152(b).
(1) To be considered educationally disadvantaged in order to
be counted for compensatory education funding using the alternative method,
a student must meet the income requirements for eligibility under the national
school lunch program.
(2) The total number of eligible students is the average of
the best six months' count of pupils in accordance with subsection (a)(1)
of this section. For school districts and open-enrollment charter schools
in the first year of operation, the count is taken from the current school
year. For all others, the count is from the preceding school year.
(b) Application and reporting procedures. The commissioner
of education will make available to school districts and open-enrollment charter
schools appropriate income eligibility guidelines and application and reporting
forms. The number of eligible students in accordance with subsection (a)(1)
of this section will be reported on a monthly basis to the Texas Education
Agency in a manner and with a deadline specified by the commissioner.
(c) Recordkeeping. School districts and open-enrollment charter
schools that receive compensatory education program funding pursuant to this
section are responsible for obtaining the appropriate data from families of
potentially eligible students, verifying that information, and retaining records.
(d) Auditing procedures. The Texas Education Agency will conduct
an audit of data submitted by school districts and open-enrollment charter
schools that receive compensatory education program funding pursuant to this
section approximately every five years or on an alternative schedule adopted
at the discretion of the commissioner.
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