Current through Reg. 49, No. 38; September 20, 2024
(a) General provisions. This section
implements the Texas Education Code (TEC), §
42.2524
(Reimbursement for Disaster Remediation Costs). The commissioner of education
may make a grant application available and announce the amount of funds
available and the due date for applications for that grant cycle for a school
district or charter school to apply for an amount of Foundation School Program
(FSP) funds determined by the commissioner if the commissioner determines that:
(1) amounts for this purpose have been
appropriated in accordance with Texas Government Code, §
418.073;
or
(2) appropriated FSP funds are
highly likely to exceed the amount to which school districts or charter schools
are entitled under the TEC, Chapter 42 and Chapter 46, under the FSP for the
biennium, after accounting for all critical FSP data required to make FSP
expenditure estimates and all other required FSP grants or FSP awards are
fulfilled in accordance with Texas law, and there is sufficient funding
remaining to provide for a grant program under the TEC, §
42.2524.
(b) Eligibility. A school district
or charter school that meets the following criteria is eligible to apply:
(1) in accordance with TEC, §
42.2524(a),
all or part of the school district or charter school must be located in an area
declared a disaster by the governor under Texas Government Code, Chapter
418;
(2) in accordance with TEC,
§42.2524(b), the school district or charter school must have incurred and
paid disaster remediation costs during the two-year period following the date
of the governor's initial proclamation or executive order declaring a state of
disaster that the school district or charter school does not anticipate
recovering through insurance proceeds, federal disaster relief payments, or
another similar source for reimbursement; and
(3) in accordance with TEC, §42.2524(b),
the school district or charter school must apply for reimbursement during the
two-year period following the date of the governor's initial proclamation or
executive order declaring a state of disaster. The school district or charter
school must submit a completed application by the application deadline. A
school district or charter school that submits an incomplete application or
submits an application after the application deadline may be deemed ineligible
for funds.
(c)
Definitions. The following terms have the following meanings when used in this
section.
(1) Disaster remediation
costs--Costs incurred by a school district or charter school for replacing
school facilities, equipment, and supplies needed to provide instruction at a
location where students eligible for FSP funding regularly attend
classes.
(2) Paid disaster
remediation costs--Costs that are paid or remitted resulting in an outflow of
cash in exchange for goods or services evidenced by an invoice, receipt,
voucher, or other such document, and in accordance with standards found in the
Financial Accountability System Resource Guide adopted by reference in §
109.41
of this title (relating to Financial Accountability System Resource Guide) and
TEC, §42.2524(b), (e), and (h), that the school district or charter school
does not anticipate recovering through insurance proceeds, federal disaster
relief payment, or another similar source of reimbursement in accordance with
TEC, §
42.2524(b),
and that were paid during the two-year period following the governor's initial
proclamation or executive order declaring a state of disaster.
(d) Application process. A school
district or charter school must submit a new application each time funds are
made available under subsection (a) of this section on a form prescribed by the
Texas Education Agency (TEA). The application shall contain, at a minimum, the
following:
(1) identification of the
governor's initial proclamation or executive order declaring a state of
disaster and evidence that all or part of the school district or charter school
is in the area declared a disaster;
(2) the total dollar amount of paid disaster
remediation costs;
(3) the total
dollar amount of paid disaster remediation costs paid during the two-year
period following the governor's proclamation or executive order declaring a
state of disaster that the school district or charter school anticipates to be
reimbursed from insurance proceeds, federal disaster relief payments, or
another similar source of reimbursement;
(4) the total difference between the amounts
of paid disaster remediation costs specified in paragraphs (2) and (3) of this
subsection and, of the total difference, the specific paid disaster remediation
costs for which the school district or charter school is seeking reimbursement
as part of the grant program supported by evidence of payment pursuant to
subsection (c)(2) of this section;
(5) an explanation as to why the school
district or charter school does not anticipate to be reimbursed from insurance
proceeds, federal disaster relief payments, or another similar source of
reimbursement for each specific paid disaster remediation cost identified in
paragraph (4) of this subsection for which the school district or charter
school is seeking reimbursement as part of the grant program;
(6) a certification from the school district
or charter school board and school district superintendent or charter school
chief executive officer that all paid disaster remediation costs for which the
school district or charter school is seeking reimbursement under paragraph (4)
of this subsection qualify as paid disaster remediation costs that the school
district or charter school paid during the two-year period following the
governor's initial disaster proclamation or executive order declaring a
disaster and that the school district or charter school board and school
district superintendent or charter school chief executive officer do not
anticipate recovering through insurance proceeds, federal disaster relief
payments, or another similar source of reimbursement; and
(7) a certification from the school district
or charter school board and school district superintendent or charter school
chief executive officer that the school district or charter school, for any
paid disaster remediation costs for which the school district or charter school
is seeking reimbursement under paragraph (4) of this subsection, the school
district or charter school has made and will continue to make efforts to seek
reimbursement from insurance proceeds, federal disaster relief payments, or
another similar source of reimbursement as allowable or appropriate.
(e) Finality of award. Awards of
assistance under this section will be made based only on paid disaster
remediation costs. Prior to making an award, TEA may request additional
documentation including, but not limited to, evidence described in subsection
(c)(2) of this section and evidence supporting the certifications required by
subsections (d)(6) and (7) of this section. A school district or charter school
is not entitled to any requested reimbursement, and a decision by the
commissioner is final and may not be appealed.
(f) Deadlines. The commissioner will announce
a deadline for grant applications in conjunction with making a determination of
the amount of funds available for the grant program cycle. All applications
received by the announced deadline will be reviewed. Applications will be
funded if sufficient funds are available to fully fund each application. If
sufficient funds are not available to fully fund each application, funding will
be allocated in accordance with subsection (g) of this section.
(g) Prioritization of awards. Upon close of
the application cycle, all eligible applications will be awarded priority
status in accordance with the criteria outlined in paragraphs (1) and (2) of
this subsection. All applications within Priority 1 will be fully funded before
funds are allocated to Priority 2.
(1)
Priority 1. Applications from school districts and charter schools that are not
subject to the provisions of TEC, Chapter 41. If insufficient funds are
available to fully fund Priority 1 eligible applications, award amounts will be
reduced proportionately.
(2)
Priority 2. Applications from school districts or charter schools that are
subject to the provisions of TEC, Chapter 41. If sufficient funds are not
available to fully fund Priority 2 eligible applications, award amounts will be
reduced proportionately. Only expenses that were not reimbursed under the TEC,
§
41.0931
(Disaster Remediation Costs), are eligible to be reimbursed under this
section.
(h)
Distribution of funds. Funds will be allocated through the FSP and will appear
on the school district or charter school payment ledger and be delivered as
soon as is practicable after awards have been made.
(i) Reporting requirement. Annually after the
date of the award under this grant program, the school district or charter
school board and school district superintendent or charter school chief
executive officer shall provide a certified report on a form prescribed by the
TEA until all insurance proceeds, federal disaster relief, or other similar
sources of reimbursements related to the disaster are finalized. On the report,
the school district or charter school shall identify any insurance proceeds,
federal disaster relief payments, or other similar sources of reimbursement
that the school district or charter school received for which the school
district or charter school previously received payment from TEA under
subsection (g) of this section. TEA will adjust funding for any overpayments
made to the school district or charter school based on the final report out of
the school district's or charter school's future FSP payments or will require a
refund from the school district or charter school.
(j) Finalization of award. When the school
district or charter school determines that all insurance proceeds, federal
disaster relief payments, or other similar sources of reimbursement that the
school district or charter school anticipates receiving are finalized and there
are no pending claims, the school district or charter school board and school
district superintendent or charter school chief executive officer shall certify
to the TEA in writing that the annual report in subsection (i) of this section
is no longer necessary and disaster reporting is finalized.
(k) Record retention and audit. The school
district or charter school shall maintain all documents necessary to
substantiate payment and certifications made in subsections (c)(2), (d), (e),
and (f) of this section, and the school district or charter school is subject
to audit by the TEA until two years after the school district or charter school
certifies to the TEA in writing that the disaster is finalized and closed in
accordance with subsection (j) of this section.
