|(a) General provisions. This section implements the
Texas Education Code (TEC), §48.252 (School District Entitlement
for Certain Students), which provides for additional funding for school
districts that have entered into a contract to partner to operate
a district campus under the TEC, §11.174, and for districts that
entered into a contract with a partner to jointly operate a campus
or campus program under TEC, §11.157(b).
(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 the 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).
(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 or contracted campus program:
(A) the entitlement for each student in average daily
attendance at the contracted campus or contracted campus program,
as if the campus or contracted campus program were a charter school
under the TEC, §12.106, using the state average basic allotment
as defined under the TEC, §12.106(a-1), and state average tax
effort for enrichment funding as defined by the TEC, §12.106(a-2);
(B) the entitlement for each student in average daily
attendance at the contracted campus or contracted campus program under
the 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;
(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
or contracted campus programs 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 Advanced Career and Technology Education Allotment
under the TEC, §48.106(a)(2), 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, §42.168.
(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 or contracted campus program would be entitled under
the 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 the 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), the TEA will eliminate
any funding provided for that campus or contracted campus program
under the TEC, §48.252, and recover any funds overallocated under
the provisions of the TEC, §48.272.