Current through Reg. 49, No. 38; September 20, 2024
(a) Funding formula
elements. A charter school is entitled to funding from both tiers of the
Foundation School Program (FSP) in accordance with the funding formulas for
school districts pursuant to Texas Education Code (TEC), Chapter 42.
(1) Tier I program allocations are determined
by substituting the statewide average adjusted allotment in place of the
district's calculated adjusted allotment. The state average adjusted allotment
takes into account the cost of education index and the small, mid-size, and
sparsity adjustments specified in TEC, §§
42.102,
42.103,
42.104,
and
42.105. The
state average adjusted allotment is computed by averaging the adjusted
allotment for each independent school district (ISD) in the state for the
relevant school year.
(2) An
allocation for the guaranteed yield allotment for Tier II of the FSP is
determined by substituting a statewide average enrichment tax rate in place of
the district's calculated enrichment tax rate (DTR) pursuant to TEC, §
42.302. The state
average tax rate is computed by averaging the DTR for each component of Tier II
for each ISD in the state for the relevant school year.
(b) Implementation schedule. The formula
elements described in subsection (a) section will take effect for charter
schools that begin operation in the 2001-2002 school year or later. Charter
schools that report attendance that occurs prior to September 2, 2001, are
considered to be in operation on September 1, 2001, and will be funded as
described in House Bill 6, Section 40(b), 77th Texas Legislature, 2001. Charter
schools that report no attendance that occurs prior to September 2, 2001, are
considered to begin operation in the 2001-2002 school year or later, and will
be funded according to subsection (a) of this section and TEC,
§12.106.
(c) Tuition and fees.
A charter school shall not charge tuition and shall not charge a fee except:
(1) a charter school may charge a fee listed
in TEC, §11.158(a);
(2) if
authorized under §
100.1201(6)
of this title (relating to Voluntary Participation in State Programs), a
charter holder may charge tuition for certain prekindergarten classes in
compliance with TEC, §29.1531 and §29.1532; and
(3) a charter school shall accept tuition for
students holding certain student visas as described in TEC,
§25.0031(a).
(d)
Eligibility for state funding. A charter holder is not eligible to receive
state funds, including grant funds, prior to execution of its contract by the
chair and the commissioner of education.
(1)
If a charter holder, before or without approval of an amendment under §
100.1033 of
this title (relating to Charter Amendment), extends the grade levels it serves,
adds or changes the address of a campus, facility, or site, expands its
geographic boundaries, or exceeds its maximum allowable enrollment, then the
charter holder is not eligible to receive state funds for the activities of the
unapproved amendment of its charter school operations.
(2) A former charter holder is not eligible
to receive state funds.
(e) Return of overallocated funds.
(1) Within 30 days of receiving notice of an
overallocation and a request for refund under TEC, §
42.258,
a charter holder shall transmit to the Texas Education Agency (TEA) an amount
equal to the requested refund. Failure to comply with a request for refund
under this subsection is a material charter violation and a management company
breach. Funds allocated for student attendance in a program affected by an
unapproved expansion under subsection (d)(1) of this section are overallocated
within the meaning of this subsection.
(2) If the charter holder fails to make the
requested refund, the TEA may recover the overallocation by any means permitted
by law, including, but not limited to, the process set forth in TEC,
§42.258.
(3) Notwithstanding
paragraph (2) of this subsection, the TEA may not garnish or otherwise recover
funds actually paid to and received by a charter holder under TEC,
§12.106, if:
(A) the basis of the
garnishment or recovery is that:
(i) the
number of students enrolled in the school during a school year exceeded the
student enrollment described by the school's charter during that period;
and
(ii) the school received the
funds under TEC, §12.106, based on an accurate report of the school's
actual student enrollment; and
(B) the school:
(i) submits to the commissioner a timely
request to revise the maximum student enrollment described by the school's
charter and the commissioner does not notify the school in writing of an
objection to the proposed revision before the 90th day after the date on which
the commissioner received the request, provided that the number of students
enrolled at the school does not exceed the enrollment described by the school's
request; or
(ii) exceeds the
maximum student enrollment described by the school's charter only because a
court mandated that a specific child enroll in that school; and
(iii) used all funds received under TEC,
§12.106, to provide education services to students.
(4) Nothing in paragraph (3) of
this subsection requires the agency to fund activities that are ineligible for
state funding under subsection (d)(1) of this section.
