The Herald-Zeitung

Comal County’s two public school districts could lose millions of dollars in state funding if penalized for not making up eight missed days because of the swine flu.

And the decision whether to waive the 180-school day requirement so both school districts can receive full state funding rests with Texas Education Commissioner Robert Scott.

New Braunfels Independent School District could lose almost $2 million and Comal Independent School District could lose almost $4 million in funding based on average daily attendance (ADA) rates, or the money received each year from the state based on the number of days students attend school.

State Rep. Doug Miller, R-New Braunfels, filed a resolution in the House asking that Commissioner Scott waive the 180-day requirement for the 14 school districts in the state that closed to abate the possible spread of swine flu, and allow those school districts to receive full state funding for the school year.

Both Comal and New Braunfels school districts closed on April 28 and are set to reopen on Monday, May 11, losing eight school days. In Guadalupe County, Shertz-Cibolo-Universal City ISD, Seguin ISD, Marion ISD and Navarro ISD also closed and could be affected by Commissioner Scott’s decision on whether to waive the requirement.

Section 25.081 of the Education Code requires that “for each school year each school district must operate so that the district provides for at least 180 days of instruction for students.” The education subsection allows for the state education commissioner to waive the requirement in the cases of natural disaster, floods, extreme weather, fuel shortage or other catastrophes. Miller’s resolution states that the House believes that swine flu should be considered a “castrophe.”

Miller said waiving the unattended days would prevent school districts from being penalized financially.

“The resolution was written to help Commissioner Scott make a decision and also to show that the House ... thinks the health and safety of our children is more important than finances,” Miller said. “Schools receive state funding based on ADA rates. Commissioner Scott has the power to adjust the ADA of a school district and if he does so, schools will not have to make up the days but still receive funding for them.”

A resolution, however, is not binding on Commissioner Scott.

CISD Superintendent Marc Walker said Monday that Rep. Miller’s resolution, though, indicated to him the decision to close the schools was the right one.

“I certainly appreciate his efforts and support for our school districts,” Walker said. “We receive $5,460 per year for each student under ADA guidelines. If the eight days we are not attending were to be counted against us, it would adversely affect the district financially. If this passes, we will still have to fill out a waiver form to the Texas Education Agency as a formality that will be filed and then voted on by each district’s board of trustees. It is my feeling at this point though, that all the days will be waived.”

Both Walker and NBISD Superintendent Mike Smith said they had not yet initiated the waiver process.

The ADA guidelines equal roughly $30 per day for every day a student attends in CISD, Walker confirmed Monday.

With 16,000 students in the CISD, that amounts to a potential loss of about $3.8 million if the district does not receive the state funding for the eight missed days.

NBISD has a student enrollment of 7,500 and receives $5,014 per student per year through ADA, coming out to roughly $27 per day for each day a student attends, Smith said.

The district would lose about $1.7 million if it did not receive state funding for the missed days.

Smith said having to make up the missed days also would create other obstacles.

“If we made up the days, we’d be going to school well into June,” Smith said. “The problem with that is you have a whole lot of folks who have already made vacation plans, have summer jobs or are taking summer school. Having to attend school past our published calendar could bring problems. I really appreciate Doug doing this and recognizing that waiving the days is of utmost importance to all of the school districts.”