84R14298 CAE-D
 
  By: Anchia H.B. No. 2251
 
  Substitute the following for H.B. No. 2251:
 
  By:  Aycock C.S.H.B. No. 2251
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to an established schedule of payments from the foundation
  school fund of the yearly entitlement of certain open-enrollment
  charter schools.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter E, Chapter 42, Education Code, is
  amended by adding Section 42.2591 to read as follows:
         Sec. 42.2591.  FOUNDATION SCHOOL FUND TRANSFERS TO CERTAIN
  CHARTER SCHOOLS. (a) On the request of an open-enrollment charter
  school, the commissioner shall compare the student enrollment of
  the open-enrollment charter school for the current school year to
  the student enrollment of the school during the preceding school
  year. If the number of students enrolled at the open-enrollment
  charter school for the current school year has increased by 10
  percent or more from the number of students enrolled during the
  preceding school year, the open-enrollment charter school may
  request that payments from the foundation school fund to the school
  for the following school year and each subsequent school year,
  subject to Subsection (b), be made according to the schedule
  provided under Subsection (c).
         (b)  An open-enrollment charter school that qualifies to
  receive funding as provided by this section is entitled to receive
  funding in that manner for three school years. On the expiration of
  that period, the commissioner shall determine the eligibility of
  the open-enrollment charter school to continue receiving payments
  from the foundation school fund under this section for an
  additional three school years. Subsequently, the open-enrollment
  charter school must reestablish eligibility in the manner provided
  by this subsection every three school years.
         (c)  Payments from the foundation school fund to an
  open-enrollment charter school under this section shall be made as
  follows:
               (1)  22 percent of the yearly entitlement of the school
  shall be paid in an installment to be made on or before the 25th day
  of September of a fiscal year;
               (2)  18 percent of the yearly entitlement of the school
  shall be paid in an installment to be made on or before the 25th day
  of October;
               (3)  9.5 percent of the yearly entitlement of the
  school shall be paid in an installment to be made on or before the
  25th day of November;
               (4)  four percent of the yearly entitlement of the
  school shall be paid in an installment to be made on or before the
  25th day of December;
               (5)  four percent of the yearly entitlement of the
  school shall be paid in an installment to be made on or before the
  25th day of January;
               (6)  four percent of the yearly entitlement of the
  school shall be paid in an installment to be made on or before the
  25th day of February;
               (7)  four percent of the yearly entitlement of the
  school shall be paid in an installment to be made on or before the
  25th day of March;
               (8)  7.5 percent of the yearly entitlement of the
  school shall be paid in an installment to be made on or before the
  25th day of April; 
               (9)  five percent of the yearly entitlement of the
  school shall be paid in an installment to be made on or before the
  25th day of May;
               (10)  seven percent of the yearly entitlement of the
  school shall be paid in an installment to be made on or before the
  25th day of June;
               (11)  seven percent of the yearly entitlement of the
  school shall be paid in an installment to be made on or before the
  25th day of July; and
               (12)  eight percent of the yearly entitlement of the
  school shall be paid in an installment to be made on or before the
  25th day of August.
         (d)  The amount of any installment required by this section
  may be modified to provide an open-enrollment charter school with
  the proper amount to which the school may be entitled by law and to
  correct errors in the allocation or distribution of funds.
         (e)  Previously unpaid additional funds from prior fiscal
  years owed to an open-enrollment charter school shall be paid to the
  school together with the September payment of the current fiscal
  year entitlement.
         SECTION 2.  (a)  Section 42.2591, Education Code, as added by
  this Act, applies only to a payment from the foundation school fund
  that is made on or after September 1, 2015. A payment to an
  open-enrollment charter school from the foundation school fund that
  is made before September 1, 2015, is governed by the law in effect
  on the date the payment was made, and the former law is continued in
  effect for that purpose.
         (b)  The commissioner of education shall determine the
  eligibility of an open-enrollment charter school to receive
  payments under Section 42.2591, Education Code, as added by this
  Act, for the 2015-2016 school year based on the growth in the
  school's enrollment between the 2013-2014 and 2014-2015 school
  years.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2015.