| (a) General provisions. This section implements Texas
Education Code (TEC), §48.252 (School District Entitlement for
Certain Students), which provides for additional funding for a school
district that has entered into a contract to partner to operate a
district campus under TEC, §11.174; a school district that has
entered into a contract with a partner to jointly operate a campus
or campus program under TEC, §11.157(b); or a school district
that operates a resource campus as provided by TEC, §29.934.
(b) Definitions. The following words and terms, when
used in this section, shall have the following meanings.
(1) Contracted campus--A campus for which the board
of trustees of a school district has contracted to partner to operate
a campus under TEC, §11.174 or §11.157(b).
(2) Contracted campus program--A program on a campus
operated by a charter school under TEC, Chapter 12, Subchapter D,
for which the board of trustees of a school district has contracted
to jointly operate the program under TEC, §11.157(b).
(3) Resource campus--A campus designated by the commissioner
of education to operate as a campus under TEC, §29.934.
(c) Entitlement.
(1) In the fall of each school year, as part of the
settle-up process for the preceding school year, the Texas Education
Agency (TEA) will use the attendance reported through the Texas Student
Data System Public Education Information Management System (TSDS PEIMS)
summer data submission, as well as campus-level data regarding the
number of students eligible for compensatory education funding under
TEC, §48.104, from the TSDS PEIMS fall submission, to calculate
the following for a contracted campus, contracted campus program,
or resource campus:
(A) the entitlement for each student in average daily
attendance at the contracted campus, contracted campus program, or
resource campus, as if the campus, contracted campus program, or resource
campus were a charter school under TEC, §12.106, using the state
average basic allotment as defined under TEC, §12.106(a-1), and
state average tax effort for enrichment funding as defined by TEC, §12.106(a-2);
(B) the entitlement for each student in average daily
attendance at the contracted campus, contracted campus program, or
resource campus under TEC, Chapter 48, Subchapters B, C, and E, as
adjusted by subsection (d) of this section, using the district's basic
allotment and enrichment tax effort without a local share component
for those entitlements; and
(C) any positive difference that results from subtracting
the amount calculated under subparagraph (B) of this paragraph from
the amount calculated under subparagraph (A) of this paragraph, which
shall be added to the district's Foundation School Fund Allotment.
(2) Campus program attendance must be reported on a
separate track to receive funding.
(d) Estimates. School districts will be provided with
estimated funding during a school year for eligible contracted campuses,
contracted campus programs, or resource campuses based on the prior
year's attendance data using the same methodology used in subsection
(c)(1) of this section to calculate the entitlement. The final entitlement
will be based on data from the current school year as provided for
in subsection (c)(1) of this section. Any difference from the estimated
entitlement will be addressed as part of the Foundation School Program
settle-up process according to the provisions of TEC, §48.272.
(e) Exclusions. For purposes of the calculation in
subsection (c) of this section, the following allotments shall be
excluded from the entitlement:
(1) the Career and Technology Education Allotment under
TEC, §48.106(a-1), for students enrolled in P-TECH or New Tech
Network campuses;
(2) the College, Career, or Military Readiness Outcomes
Bonus under TEC, §48.110;
(3) the Teacher Incentive Allotment under TEC, §48.112;
(4) the Mentor Program Allotment under TEC, §48.114;
(5) the School Safety Allotment under TEC, §48.115;
and
(6) the Fast Growth Allotment under TEC, §48.111.
(f) Funding for instructional facilities for charter
schools. Effective September 1, 2018, for purposes of the calculation
in subsection (c)(1)(A) of this section, any funding to which the
contracted campus, contracted campus program, or resource campus would
be entitled under TEC, §12.106(d), will be included in the calculation.
(g) Recovery of funds. If a contract is found to be
out of compliance with TEC, §11.157 or §11.174, or §97.1075
of this title (relating to Contracting to Partner to Operate a Campus
under Texas Education Code, §11.174), TEA will eliminate any
funding provided for that campus, contracted campus program, or resource
campus under TEC, §48.252, and recover any funds overallocated
under the provisions of TEC, §48.272.
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