Sec. 48.274. FOUNDATION SCHOOL FUND TRANSFERS TO CERTAIN CHARTER SCHOOLS. (a) On the request of an open-enrollment charter school, the commissioner shall compare the student enrollment of the open-enrollment charter school for the current school year to the student enrollment of the school during the preceding school year. If the number of students enrolled at the open-enrollment charter school for the current school year has increased by 10 percent or more from the number of students enrolled during the preceding school year, the open-enrollment charter school may request that payments from the foundation school fund to the school for the following school year and each subsequent school year, subject to Subsection (b), be made according to the schedule provided under Subsection (c).
(b) An open-enrollment charter school that qualifies to receive funding as provided by this section is entitled to receive funding in that manner for three school years. On the expiration of that period, the commissioner shall determine the eligibility of the open-enrollment charter school to continue receiving payments from the foundation school fund under this section for an additional three school years. Subsequently, the open-enrollment charter school must reestablish eligibility in the manner provided by this subsection every three school years.
(c) Payments from the foundation school fund to an open-enrollment charter school under this section shall be made as follows:
(1) 22 percent of the yearly entitlement of the school shall be paid in an installment to be made on or before the 25th day of September of a fiscal year;
(2) 18 percent of the yearly entitlement of the school shall be paid in an installment to be made on or before the 25th day of October;
(3) 9.5 percent of the yearly entitlement of the school shall be paid in an installment to be made on or before the 25th day of November;
(4) four percent of the yearly entitlement of the school shall be paid in an installment to be made on or before the 25th day of December;
(5) four percent of the yearly entitlement of the school shall be paid in an installment to be made on or before the 25th day of January;
(6) four percent of the yearly entitlement of the school shall be paid in an installment to be made on or before the 25th day of February;
(7) four percent of the yearly entitlement of the school shall be paid in an installment to be made on or before the 25th day of March;
(8) 7.5 percent of the yearly entitlement of the school shall be paid in an installment to be made on or before the 25th day of April;
(9) five percent of the yearly entitlement of the school shall be paid in an installment to be made on or before the 25th day of May;
(10) seven percent of the yearly entitlement of the school shall be paid in an installment to be made on or before the 25th day of June;
(11) seven percent of the yearly entitlement of the school shall be paid in an installment to be made on or before the 25th day of July; and
(12) eight percent of the yearly entitlement of the school shall be paid in an installment to be made on or before the 25th day of August.
(d) The amount of any installment required by this section may be modified to provide an open-enrollment charter school with the proper amount to which the school may be entitled by law and to correct errors in the allocation or distribution of funds.
(e) Previously unpaid additional funds from prior fiscal years owed to an open-enrollment charter school shall be paid to the school together with the September payment of the current fiscal year entitlement.
Added by Acts 2015, 84th Leg., R.S., Ch. 767 (H.B. 2251), Sec. 1, eff. June 17, 2015.
Transferred, redesignated and amended from Education Code, Section 42.2591 by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.042, eff. September 1, 2019.
Structure Texas Statutes
Subtitle I - School Finance and Fiscal Management
Chapter 48 - Foundation School Program
Subchapter F. Financing the Program
Section 48.251. Financing; General Rule
Section 48.252. School District Entitlement for Certain Students
Section 48.253. Additional State Aid for Tax Increment Financing Payments
Section 48.254. Additional State Aid for Ad Valorem Tax Credits Under Texas Economic Development Act
Section 48.2541. Additional State Aid for Certain Ad Valorem Tax Refunds
Section 48.2543. Additional State Aid for Homestead Exemption
Section 48.255. State Compression Percentage
Section 48.2551. Maximum Compressed Tax Rate
Section 48.2552. Limitation on Maximum Compressed Rate
Section 48.2553. Permitted Tax Rate for Maintenance of 2020-2021 School Year Basic Allotment
Section 48.256. Local Share of Program Cost (Tier One)
Section 48.257. Local Revenue Level in Excess of Entitlement
Section 48.258. Adjustment for Rapid Decline in Taxable Value of Property
Section 48.259. Adjustment for Optional Homestead Exemption
Section 48.260. Adjustment for Property Value Affected by State of Disaster
Section 48.261. Reimbursement for Disaster Remediation Costs
Section 48.2611. One-Time Reimbursement for Winter Storm Uri
Section 48.262. Adjustments for Certain Districts Receiving Federal Impact Aid
Section 48.263. Adjustment for District Operating Pilot Program
Section 48.264. Adjustment for Certain Districts With Early High School Graduation Programs
Section 48.2642. Adjustments for Texas First Early High School Completion Program Graduates
Section 48.265. Excess Funds for Video Surveillance of Special Education Settings
Section 48.266. Distribution of Foundation School Fund
Section 48.267. Adjustment by Commissioner
Section 48.269. Estimates Required
Section 48.270. Falsification of Records; Report
Section 48.271. Effect of Appraisal Appeal
Section 48.272. Recovery of Overallocated Funds
Section 48.2721. Recovery of Funds From Excessive Taxation
Section 48.273. Foundation School Fund Transfers
Section 48.274. Foundation School Fund Transfers to Certain Charter Schools
Section 48.275. Use of Certain Funds
Section 48.277. Formula Transition Grant
Section 48.278. Equalized Wealth Transition Grant
Section 48.279. Maintenance of State Financial Support for Special Education
Section 48.281. Maintenance of Effort and Equity for Federal Money Related to Covid-19 Pandemic