Tex. Educ. Code Section 48.005
Average Daily Attendance


Mentioned in

More than a Headcount

Coppel Student Media, November 3, 2023

“Under the Texas Education Code, school districts receive funding from the state based on the district’s average daily attendance (ADA)”
 
Bibliographic info

(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 (Operation of Schools)(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 (Optional Flexible Year Program), the quotient of the sum of attendance for each actual day of instruction as permitted by Section 29.0821 (Optional Flexible Year Program)(b)(1) divided by the number of actual days of instruction as permitted by Section 29.0821 (Optional Flexible Year Program)(b)(1);

(3)

for a district that operates under a flexible school day program under Section 29.0822 (Optional Flexible School Day Program), the average daily attendance as calculated by the commissioner in accordance with Sections 29.0822 (Optional Flexible School Day Program)(d) and (d-1); or

(4)

for a district that operates a half-day program or a full-day program under Section 29.153 (Free Prekindergarten for Certain Children)(c), one-half of the average daily attendance calculated under Subdivision (1).

(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. In addition to providing the adjustment for the amount of instructional days during the semester in which the calamity first occurred, an adjustment under this section may only be provided based on a particular calamity for an additional amount of instructional days equivalent to one school year. The commissioner may divide the adjustment between two consecutive school years.

(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, including a course provided under Section 28.009 (College Credit Program) by a public institution of higher education, 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.

(g-1)

The commissioner shall adopt rules to calculate average daily attendance for students participating in a blended learning program in which classroom instruction is supplemented with applied workforce learning opportunities, including participation of students in internships, externships, and apprenticeships.

(h)

Subject to rules adopted by the commissioner under Section 48.007 (Off-campus Programs Approved for Purposes of Average Daily Attendance)(b), time that a student participates in an off-campus instructional program approved under Section 48.007 (Off-campus Programs Approved for Purposes of Average Daily Attendance)(a) 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.

(i)

A district or a charter school operating under Chapter 12 (Charters) that operates a prekindergarten program is eligible to receive one-half of average daily attendance under Subsection (a) if the district’s or charter school’s prekindergarten program provides at least 32,400 minutes of instructional time to students.

(j)

A district or charter school is eligible to earn full average daily attendance under Subsection (a) if the district or school provides at least 43,200 minutes of instructional time to students enrolled in:

(1)

a dropout recovery school or program operating under Section 12.1141 (Renewal of Charter; Denial of Renewal; Expiration)(c) or Section 39.0548 (Evaluating Dropout Recovery Schools);

(2)

an alternative education program operating under Section 37.008 (Disciplinary Alternative Education Programs);

(3)

a school program located at a day treatment facility, residential treatment facility, psychiatric hospital, or medical hospital;

(4)

a school program offered at a correctional facility; or

(5)

a school operating under Subchapter G (Definitions), Chapter 12 (Charters).

(k)

A charter school operating under a charter granted under Chapter 12 (Charters) before January 1, 2015, is eligible to earn full average daily attendance under Subsection (a), as that subsection existed immediately before January 1, 2015, for:

(1)

all campuses of the charter school operating before January 1, 2015; and

(2)

any campus or site expansion approved on or after January 1, 2015, provided that the charter school received an academic accountability performance rating of C or higher, and the campus or site expansion is approved by the commissioner.

(l)

A school district campus or charter school described by Subsection (j) may operate more than one program and be eligible for full average daily attendance for each program if the programs operated by the district campus or charter school satisfy all applicable state and federal requirements.

(m)

The commissioner shall adopt rules necessary to implement this section, including rules that:

(1)

establish the minimum amount of instructional time per day that allows a school district or charter school to be eligible for full average daily attendance, which may differ based on the instructional program offered by the district or charter school;

(2)

establish the requirements necessary for a school district or charter school to be eligible for one-half of average daily attendance, which may differ based on the instructional program offered by the district or charter school;

(3)

proportionally reduce the average daily attendance for a school district if any campus or instructional program in the district provides fewer than the required minimum minutes of instruction to students; and

(4)

allow a grade or course repeated under Section 28.02124 (Parental Option for Student Retention) to qualify for average daily attendance even if the student previously passed or earned credit for the grade or course, if the grade or course would otherwise be eligible.

(n)

To assist school districts in implementing this section as amended by H.B. 2442, Acts of the 85th Legislature, Regular Session, 2017, the commissioner may waive a requirement of this section or adopt rules to implement this section.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1071, Sec. 12, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 924, Sec. 1, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1156, Sec. 3, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 220, Sec. 2, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 824, Sec. 3, eff. June 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1339 (S.B. 151), Sec. 4, eff. June 18, 2005.
Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 5.07, eff. May 31, 2006.
Acts 2009, 81st Leg., R.S., Ch. 1328 (H.B. 3646), Sec. 47, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1328 (H.B. 3646), Sec. 48, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1104 (S.B. 1619), Sec. 2, eff. June 17, 2011.
Acts 2015, 84th Leg., R.S., Ch. 791 (H.B. 2660), Sec. 2, eff. June 17, 2015.
Acts 2015, 84th Leg., R.S., Ch. 797 (H.B. 2812), Sec. 1, eff. June 17, 2015.
Acts 2017, 85th Leg., R.S., Ch. 851 (H.B. 2442), Sec. 8, eff. June 15, 2017.
Acts 2017, 85th Leg., R.S., Ch. 970 (S.B. 2084), Sec. 1, eff. June 15, 2017.
Transferred, redesignated and amended from Education Code, Section 42.005 by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.013, eff. September 1, 2019.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 195 (S.B. 1615), Sec. 21, eff. May 31, 2021.
Acts 2021, 87th Leg., R.S., Ch. 806 (H.B. 1525), Sec. 21, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 887 (S.B. 1697), Sec. 6, eff. June 16, 2021.
Acts 2021, 87th Leg., 2nd C.S., Ch. 5 (S.B. 15), Sec. 6, eff. September 9, 2021.

Source: Section 48.005 — Average Daily Attendance, https://statutes.­capitol.­texas.­gov/Docs/ED/htm/ED.­48.­htm#48.­005 (accessed Feb. 22, 2024).

48.001
State Policy
48.002
Purposes of Foundation School Program
48.003
Student Eligibility
48.004
Administration of the Program
48.005
Average Daily Attendance
48.006
Average Daily Attendance for Districts in Disaster Area
48.007
Off-campus Programs Approved for Purposes of Average Daily Attendance
48.009
Required Peims Reporting
48.010
Determination of Funding Levels
48.051
Basic Allotment
48.0051
Incentive for Additional Instructional Days
48.052
Sparsity Adjustment
48.053
Allotment for Certain Special-purpose School Districts
48.101
Small and Mid-sized District Allotment
48.102
Special Education
48.103
Allotment for Student with Dyslexia or Related Disorder
48.104
Compensatory Education Allotment
48.105
Bilingual Education Allotment
48.106
Career and Technology Education Allotment
48.107
Public Education Grant Allotment
48.108
Early Education Allotment
48.109
Gifted and Talented Student Allotment
48.110
College, Career, or Military Readiness Outcomes Bonus
48.111
Fast Growth Allotment
48.112
Teacher Incentive Allotment
48.114
Mentor Program Allotment
48.115
School Safety Allotment
48.151
Transportation Allotment
48.152
New Instructional Facility Allotment
48.153
Dropout Recovery School and Residential Placement Facility Allotment
48.154
Tuition Allotment for Districts Not Offering All Grade Levels
48.155
College Preparation Assessment Reimbursement
48.156
Certification Examination Reimbursement
48.201
Purpose
48.202
Tier Two Allotment
48.203
Limitation on Enrichment Tax Rate
48.204
Computation of Aid for District on Military Reservation or at State School
48.251
Financing
48.252
School District Entitlement for Certain Students
48.253
Additional State Aid for Tax Increment Financing Payments
48.254
Additional State Aid for Ad Valorem Tax Credits Under Texas Economic Development Act
48.255
State Compression Percentage
48.257
Local Revenue Level in Excess of Entitlement
48.258
Adjustment for Rapid Decline in Taxable Value of Property
48.259
Adjustment for Optional Homestead Exemption
48.260
Adjustment for Property Value Affected by State of Disaster
48.261
Reimbursement for Disaster Remediation Costs
48.262
Adjustments for Certain Districts Receiving Federal Impact Aid
48.265
Excess Funds for Video Surveillance of Special Education Settings
48.266
Distribution of Foundation School Fund
48.267
Adjustment by Commissioner
48.268
Adjustment for Resolution of Dispute or Error Resulting in Taxation of Same Property by Multiple School Districts
48.269
Estimates Required
48.270
Falsification of Records
48.271
Effect of Appraisal Appeal
48.272
Recovery of Overallocated Funds
48.273
Foundation School Fund Transfers
48.274
Foundation School Fund Transfers to Certain Charter Schools
48.275
Use of Certain Funds
48.277
Formula Transition Grant
48.278
Equalized Wealth Transition Grant
48.279
Maintenance of State Financial Support for Special Education
48.283
Additional State Aid for Certain Districts Impacted by Compression
48.301
Additional Assistance for Districts with Students Using Public Education Grants
48.302
Subsidy for High School Equivalency Examination for Certain Individuals
48.303
Additional State Aid for Regional Education Service Center Staff Salary Increases
48.305
Allotment for Non-enrolled Students Participating in University Interscholastic League Activities
48.307
Additional State Aid for State-approved Instructional Materials
48.308
Additional State Aid for Open Education Resource Instructional Material
48.1041
Compensatory Education Allotment Advisory Committee
48.2541
Additional State Aid for Certain Ad Valorem Tax Refunds
48.2542
Additional State Aid for Adjustment of Limitation on Tax Increases on Homestead of Elderly or Disabled
48.2543
Additional State Aid for Homestead Exemption
48.2551
Maximum Compressed Tax Rate
48.2552
Limitation on Maximum Compressed Rate
48.2556
Posting on Agency Website of Information Related to Reduction of Limitation of Tax on Homesteads of Elderly or Disabled
48.2642
Adjustments for Texas First Early High School Completion Program Graduates
48.2721
Recovery of Funds from Excessive Taxation

Accessed:
Feb. 22, 2024

§ 48.005’s source at texas​.gov