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AN ACT
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relating to an established schedule of payments from the foundation |
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school fund of the yearly entitlement of certain open-enrollment |
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charter schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 42, Education Code, is |
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amended by adding Section 42.2591 to read as follows: |
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Sec. 42.2591. FOUNDATION SCHOOL FUND TRANSFERS TO CERTAIN |
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CHARTER SCHOOLS. (a) On the request of an open-enrollment charter |
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school, the commissioner shall compare the student enrollment of |
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the open-enrollment charter school for the current school year to |
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the student enrollment of the school during the preceding school |
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year. If the number of students enrolled at the open-enrollment |
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charter school for the current school year has increased by 10 |
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percent or more from the number of students enrolled during the |
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preceding school year, the open-enrollment charter school may |
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request that payments from the foundation school fund to the school |
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for the following school year and each subsequent school year, |
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subject to Subsection (b), be made according to the schedule |
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provided under Subsection (c). |
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(b) An open-enrollment charter school that qualifies to |
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receive funding as provided by this section is entitled to receive |
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funding in that manner for three school years. On the expiration of |
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that period, the commissioner shall determine the eligibility of |
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the open-enrollment charter school to continue receiving payments |
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from the foundation school fund under this section for an |
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additional three school years. Subsequently, the open-enrollment |
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charter school must reestablish eligibility in the manner provided |
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by this subsection every three school years. |
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(c) Payments from the foundation school fund to an |
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open-enrollment charter school under this section shall be made as |
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follows: |
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(1) 22 percent of the yearly entitlement of the school |
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shall be paid in an installment to be made on or before the 25th day |
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of September of a fiscal year; |
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(2) 18 percent of the yearly entitlement of the school |
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shall be paid in an installment to be made on or before the 25th day |
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of October; |
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(3) 9.5 percent of the yearly entitlement of the |
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school shall be paid in an installment to be made on or before the |
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25th day of November; |
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(4) four percent of the yearly entitlement of the |
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school shall be paid in an installment to be made on or before the |
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25th day of December; |
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(5) four percent of the yearly entitlement of the |
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school shall be paid in an installment to be made on or before the |
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25th day of January; |
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(6) four percent of the yearly entitlement of the |
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school shall be paid in an installment to be made on or before the |
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25th day of February; |
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(7) four percent of the yearly entitlement of the |
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school shall be paid in an installment to be made on or before the |
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25th day of March; |
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(8) 7.5 percent of the yearly entitlement of the |
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school shall be paid in an installment to be made on or before the |
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25th day of April; |
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(9) five percent of the yearly entitlement of the |
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school shall be paid in an installment to be made on or before the |
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25th day of May; |
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(10) seven percent of the yearly entitlement of the |
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school shall be paid in an installment to be made on or before the |
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25th day of June; |
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(11) seven percent of the yearly entitlement of the |
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school shall be paid in an installment to be made on or before the |
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25th day of July; and |
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(12) eight percent of the yearly entitlement of the |
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school shall be paid in an installment to be made on or before the |
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25th day of August. |
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(d) The amount of any installment required by this section |
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may be modified to provide an open-enrollment charter school with |
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the proper amount to which the school may be entitled by law and to |
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correct errors in the allocation or distribution of funds. |
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(e) Previously unpaid additional funds from prior fiscal |
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years owed to an open-enrollment charter school shall be paid to the |
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school together with the September payment of the current fiscal |
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year entitlement. |
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SECTION 2. (a) Section 42.2591, Education Code, as added by |
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this Act, applies only to a payment from the foundation school fund |
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that is made on or after September 1, 2015. A payment to an |
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open-enrollment charter school from the foundation school fund that |
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is made before September 1, 2015, is governed by the law in effect |
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on the date the payment was made, and the former law is continued in |
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effect for that purpose. |
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(b) The commissioner of education shall determine the |
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eligibility of an open-enrollment charter school to receive |
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payments under Section 42.2591, Education Code, as added by this |
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Act, for the 2015-2016 school year based on the growth in the |
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school's enrollment between the 2013-2014 and 2014-2015 school |
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years. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2251 was passed by the House on May |
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15, 2015, by the following vote: Yeas 138, Nays 1, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2251 was passed by the Senate on May |
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26, 2015, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |