10 | 4 | | AN ACT |
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11 | 5 | | relating to an established schedule of payments from the foundation |
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12 | 6 | | school fund of the yearly entitlement of certain open-enrollment |
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13 | 7 | | charter schools. |
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14 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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15 | 9 | | SECTION 1. Subchapter E, Chapter 42, Education Code, is |
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16 | 10 | | amended by adding Section 42.2591 to read as follows: |
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17 | 11 | | Sec. 42.2591. FOUNDATION SCHOOL FUND TRANSFERS TO CERTAIN |
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18 | 12 | | CHARTER SCHOOLS. (a) On the request of an open-enrollment charter |
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19 | 13 | | school, the commissioner shall compare the student enrollment of |
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20 | 14 | | the open-enrollment charter school for the current school year to |
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21 | 15 | | the student enrollment of the school during the preceding school |
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22 | 16 | | year. If the number of students enrolled at the open-enrollment |
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23 | 17 | | charter school for the current school year has increased by 10 |
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24 | 18 | | percent or more from the number of students enrolled during the |
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25 | 19 | | preceding school year, the open-enrollment charter school may |
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26 | 20 | | request that payments from the foundation school fund to the school |
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27 | 21 | | for the following school year and each subsequent school year, |
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28 | 22 | | subject to Subsection (b), be made according to the schedule |
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29 | 23 | | provided under Subsection (c). |
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30 | 24 | | (b) An open-enrollment charter school that qualifies to |
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31 | 25 | | receive funding as provided by this section is entitled to receive |
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32 | 26 | | funding in that manner for three school years. On the expiration of |
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33 | 27 | | that period, the commissioner shall determine the eligibility of |
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34 | 28 | | the open-enrollment charter school to continue receiving payments |
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35 | 29 | | from the foundation school fund under this section for an |
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36 | 30 | | additional three school years. Subsequently, the open-enrollment |
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37 | 31 | | charter school must reestablish eligibility in the manner provided |
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38 | 32 | | by this subsection every three school years. |
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39 | 33 | | (c) Payments from the foundation school fund to an |
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40 | 34 | | open-enrollment charter school under this section shall be made as |
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41 | 35 | | follows: |
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42 | 36 | | (1) 22 percent of the yearly entitlement of the school |
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43 | 37 | | shall be paid in an installment to be made on or before the 25th day |
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44 | 38 | | of September of a fiscal year; |
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45 | 39 | | (2) 18 percent of the yearly entitlement of the school |
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46 | 40 | | shall be paid in an installment to be made on or before the 25th day |
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47 | 41 | | of October; |
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48 | 42 | | (3) 9.5 percent of the yearly entitlement of the |
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49 | 43 | | school shall be paid in an installment to be made on or before the |
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50 | 44 | | 25th day of November; |
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51 | 45 | | (4) four percent of the yearly entitlement of the |
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52 | 46 | | school shall be paid in an installment to be made on or before the |
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53 | 47 | | 25th day of December; |
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54 | 48 | | (5) four percent of the yearly entitlement of the |
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55 | 49 | | school shall be paid in an installment to be made on or before the |
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56 | 50 | | 25th day of January; |
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57 | 51 | | (6) four percent of the yearly entitlement of the |
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58 | 52 | | school shall be paid in an installment to be made on or before the |
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59 | 53 | | 25th day of February; |
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60 | 54 | | (7) four percent of the yearly entitlement of the |
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61 | 55 | | school shall be paid in an installment to be made on or before the |
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62 | 56 | | 25th day of March; |
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63 | 57 | | (8) 7.5 percent of the yearly entitlement of the |
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64 | 58 | | school shall be paid in an installment to be made on or before the |
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65 | 59 | | 25th day of April; |
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66 | 60 | | (9) five percent of the yearly entitlement of the |
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67 | 61 | | school shall be paid in an installment to be made on or before the |
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68 | 62 | | 25th day of May; |
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69 | 63 | | (10) seven percent of the yearly entitlement of the |
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70 | 64 | | school shall be paid in an installment to be made on or before the |
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71 | 65 | | 25th day of June; |
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72 | 66 | | (11) seven percent of the yearly entitlement of the |
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73 | 67 | | school shall be paid in an installment to be made on or before the |
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74 | 68 | | 25th day of July; and |
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75 | 69 | | (12) eight percent of the yearly entitlement of the |
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76 | 70 | | school shall be paid in an installment to be made on or before the |
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77 | 71 | | 25th day of August. |
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78 | 72 | | (d) The amount of any installment required by this section |
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79 | 73 | | may be modified to provide an open-enrollment charter school with |
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80 | 74 | | the proper amount to which the school may be entitled by law and to |
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81 | 75 | | correct errors in the allocation or distribution of funds. |
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82 | 76 | | (e) Previously unpaid additional funds from prior fiscal |
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83 | 77 | | years owed to an open-enrollment charter school shall be paid to the |
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84 | 78 | | school together with the September payment of the current fiscal |
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85 | 79 | | year entitlement. |
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86 | 80 | | SECTION 2. (a) Section 42.2591, Education Code, as added by |
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87 | 81 | | this Act, applies only to a payment from the foundation school fund |
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88 | 82 | | that is made on or after September 1, 2015. A payment to an |
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89 | 83 | | open-enrollment charter school from the foundation school fund that |
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90 | 84 | | is made before September 1, 2015, is governed by the law in effect |
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91 | 85 | | on the date the payment was made, and the former law is continued in |
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92 | 86 | | effect for that purpose. |
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93 | 87 | | (b) The commissioner of education shall determine the |
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94 | 88 | | eligibility of an open-enrollment charter school to receive |
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95 | 89 | | payments under Section 42.2591, Education Code, as added by this |
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96 | 90 | | Act, for the 2015-2016 school year based on the growth in the |
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97 | 91 | | school's enrollment between the 2013-2014 and 2014-2015 school |
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98 | 92 | | years. |
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99 | 93 | | SECTION 3. This Act takes effect immediately if it receives |
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100 | 94 | | a vote of two-thirds of all the members elected to each house, as |
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101 | 95 | | provided by Section 39, Article III, Texas Constitution. If this |
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102 | 96 | | Act does not receive the vote necessary for immediate effect, this |
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103 | 97 | | Act takes effect September 1, 2015. |
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