Current through Reg. 50, No. 13; March 28, 2025
(a) Funding formula
elements. Pursuant to Texas Education Code (TEC), §12.106, 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
TEC, Chapter 48.
(b) Tuition and
fees. The governing board of the charter school shall adopt policies that
clearly outline allowable and unallowable fees subject to requirements of TEC,
§
11.158 (a) and
(b). 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),
and shall not charge any fee prohibited under TEC, §
11.158(b);
(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).
(c) 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 charter holder or charter school board chair
and the commissioner of education.
(1) If a
charter holder, before or without approval of an amendment under §
100.1035 of this title (relating
to Charter Amendment), extends the grade levels it serves, adds or changes the
address of a campus, facility, or site, 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.
(d) 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, 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, 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 used
all funds received under TEC, §
12.106, to provide
education services to students and:
(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.
(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.
