(a) For each school district or charter school in which the total enrollment contains 5.0% or more students who have certificates of eligibility in the state's migrant student tracking database, the commissioner of education will calculate the district's or charter school's annual average daily attendance (ADA) by using the best four of the six-week periods. In no case may the annual ADA calculated by using the best four of the six-week periods exceed the sum of the number of students who have certificates of eligibility plus the ADA calculated by using all six six-week periods.
(b) For each school district or charter school in which the total enrollment contains 5.0% or more students who have certificates of eligibility in the state's migrant student tracking database, the commissioner will calculate the district's or charter school's annual full-time equivalents (FTEs) as used in the calculation of the special education, bilingual education, and career and technical education allotments by using the best four of the six-week periods for each of the three FTE counts. In no case may the annual FTE count calculated by using the best four of the six-week periods exceed the sum of the number of students who have certificates of eligibility plus the FTEs calculated by using all six six-week periods.

Source Note: The provisions of this §129.1021 adopted to be effective February 12, 1992, 17 TexReg 857; amended to be effective October 10, 2012, 37 TexReg 8016