| (a) Definitions. The following words and terms, when
used in this section, have the following meanings, unless the context
clearly indicates otherwise.
(1) Home district--District of residence of a transferring
student.
(2) Receiving district--District to which a student
is transferring for the purpose of obtaining an education.
(3) Tuition--Amount charged to the home district by
the receiving district to educate the transfer student.
(b) Tuition charge for transfer students. For the purposes
of calculating the tuition allotment of the home district as authorized
by the Texas Education Code (TEC), §48.154, the amount of tuition
that may be attributed to a home district for a transfer student in
payment for that student's education may not exceed an amount per
enrollee calculated for each receiving district. The calculated limit
applies only to tuition paid to a receiving district for the education
of a student at a grade level not offered in the home district. Tuition
may be set at a rate higher than the calculated limit if both districts
enter a written agreement, but the calculated tuition limit will be
used in the calculation of the tuition allotment for the home district.
The calculation will use the most currently available data in an ongoing
school year to determine the limit that applies to the subsequent
school year. For purposes of this section, the number of students
enrolled in a district will be appropriately adjusted to account for
students ineligible for the Foundation School Program funding and
those eligible for half-day attendance.
(1) Calculated tuition limit. Beginning with the limit
for the 2012-2013 school year, the calculated tuition limit is the
sum of the excess maintenance and operations (M&O) revenue per
enrollee and the excess debt revenue per enrollee, as calculated in
paragraphs (2) and (3) of this subsection, respectively.
(2) Excess M&O revenue per enrollee. A district's
excess M&O revenue per enrollee is defined as the sum of state
aid in accordance with the TEC, Chapter 48, Subchapters B, C, D, and
E. These state aid amounts are added to M&O tax collections, and
the sum is divided by enrollment to determine the amount of total
state and local revenue per enrolled student. The amount of state
aid gained by the addition of one transfer student is subtracted from
the total amount of state and local revenue per student to determine
the revenue shortfall created by the addition of one student. M&O
taxes exclude the local share of any lease purchases funded in the
Instructional Facilities Allotment (IFA) as referenced in the TEC,
Chapter 46, Subchapter A, and taxes paid to a tax increment fund authorized
by the Texas Tax Code, Chapter 311.
(A) The data for this calculation are derived from
the Public Education Information Management System (PEIMS) fall data
submission (budgeted M&O tax collections and student enrollment)
and the legislative payment estimate (LPE) data (Foundation School
Program student counts and property value).
(B) The state aid gained by the receiving district
from the addition of one transfer student is computed by the commissioner
of education. The calculation assumes that the transfer student participates
in the special programs at the average rate of other students in the
receiving district.
(3) Excess debt revenue per enrollee. A district's
excess debt revenue per enrollee is defined as interest and sinking
fund taxes budgeted to be collected that surpass the taxes equalized
by the IFA pursuant to the TEC, Chapter 46, Subchapter A, and the
Existing Debt Allotment (EDA) pursuant to the TEC, Chapter 46, Subchapter
B, divided by enrollment.
(A) The local share of the IFA for bonds is subtracted
from debt taxes budgeted to be collected as reported through the PEIMS.
The local share of the EDA is subtracted from debt taxes budgeted
to be collected as reported through the PEIMS only if the district
receives a payment for the state share of the EDA.
(B) The estimate of enrollment includes transfer students.
(4) Notification and appeal process. In the spring
of each school year, the commissioner will provide each district with
its calculated tuition limit and a worksheet with a description of
the derivation process. A district may appeal to the commissioner
if it can provide evidence that the use of projected student counts
from the LPE in making the calculation is so inaccurate as to result
in an inappropriately low authorized tuition charge and undue financial
hardship. A district that used significant nontax sources to make
any of its debt service payments during the base year for the computation
may appeal to the commissioner to use projections of its tax collections
for the year for which the tuition limit will apply. The commissioner's
decision regarding an appeal is final.
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| Source Note: The provisions of this §61.1012 adopted to be effective September 7, 2000, 25 TexReg 8640; amended to be effective March 28, 2004, 29 TexReg 2881; amended to be effective May 4, 2008, 33 TexReg 3410; amended to be effective April 22, 2012, 37 TexReg 2627; amended to be effective December 30, 2020, 45 TexReg 9510 |
