Brenham ISD trustees approve delegation to purchase attendance credits amid TEA recapture notice

The Brenham ISD Board of Trustees on a unanimous voice vote approved delegating contractual authority to the superintendent to obligate the district to an agreement to purchase attendance credits, a step required by the Texas Education Agency (TEA) when districts face a potential recapture of excess local revenue.

District finance staffer Daryl Sinclair told trustees TEA sent an annual notice (July 15) that the district could be subject to recapture but said his review of the finance templates shows the district has not paid recapture in roughly a decade. "So far... we've never actually paid any recapture back to the state," Sinclair said, adding his calculations currently show a recapture amount of zero.

Trustees discussed that the item before them authorizes only the purchase-agreement and authorizes the superintendent to negotiate the contract; it does not pre-authorize payment of any recapture. One trustee asked whether a later TEA recapture determination would return to the board; members clarified that if TEA requires payment, the state can withhold funds and the district must comply, and that an additional board vote would not be required to accept a state-imposed recapture.

Trustee Justin Colley moved to "delegate contractual authority to obligate the school district under Texas Education Code 11.1511(c)(4) to the superintendent solely for the purpose of obligating the district under TEC 48.257 and TEC chapter 49 subchapters A and D," language read into the record; the motion was seconded and carried (voice vote: "Aye.").

The board will proceed with budget and tax-rate actions in upcoming meetings; this delegation is intended to have administrative agreements ready if TEA later determines recapture applies.