1. (a) This section applies to a school district or open-enrollment charter school that:

   1. (1) is located in a county declared a natural disaster by the president during the 2017-2018 school year;
   2. (2) received an adjustment to average daily attendance under Texas Education Code (TEC), §42.005(d), for the 2017-2018 school year; and
   3. (3) did not receive a waiver related to provisions of the National School Lunch and School Breakfast programs offered by the Texas Department of Agriculture and approved by the U.S. Department of Agriculture on August 29, 2017.
2. (b) For a school district or open-enrollment charter school that meets the requirements of subsection (a) of this section, the Texas Education Agency will substitute that entity's total student enrollment as reported during the 2017-2018 Fall Texas Student Data System Public Education Information Management System (TSDS PEIMS) Snapshot in place of the number of students reported as eligible for enrollment in free or reduced-price lunches for the month of September 2017 when computing the best six-month average under TEC, §42.152(b)(1), for the 2017-2018 school year.
3. (c) Subsection (b) of this section only takes effect if an entity's total student enrollment as reported in the 2017-2018 Fall TSDS PEIMS Snapshot is larger than the number of students reported as eligible for free or reduced-price lunches for the month of September 2017.

Source Note:The provisions of this §61.1017 adopted to be effective August 22, 2018, 43 TexReg 5365.