Section 100.1061 - State Funding(a) Funding formula elements. Pursuant to Texas Education Code (TEC), §12.106, a charter school is entitled to funding from both tiers of the Foundation School Program (FSP) in accordance with the funding formulas for school districts pursuant to TEC, Chapter 48.(b) Tuition and fees. The governing board of the charter school shall adopt policies that clearly outline allowable and unallowable fees subject to requirements of TEC, §11.158 (a) and (b). A charter school shall not charge tuition and shall not charge a fee except: (1) a charter school may charge a fee listed in TEC, §11.158(a), and shall not charge any fee prohibited under TEC, §11.158(b);(2) if authorized under § 100.1201(6) of this title (relating to Voluntary Participation in State Programs), a charter holder may charge tuition for certain prekindergarten classes in compliance with TEC, §29.1531 and §29.1532; and(3) a charter school shall accept tuition for students holding certain student visas as described in TEC, §25.0031(a).(c) Eligibility for state funding. A charter holder is not eligible to receive state funds, including grant funds, prior to execution of its contract by the charter holder or charter school board chair and the commissioner of education. (1) If a charter holder, before or without approval of an amendment under § 100.1035 of this title (relating to Charter Amendment), extends the grade levels it serves, adds or changes the address of a campus, facility, or site, or exceeds its maximum allowable enrollment, then the charter holder is not eligible to receive state funds for the activities of the unapproved amendment of its charter school operations.(2) A former charter holder is not eligible to receive state funds.(d) Return of overallocated funds. (1) Within 30 days of receiving notice of an overallocation and a request for refund under TEC, §42.258, a charter holder shall transmit to the Texas Education Agency (TEA) an amount equal to the requested refund. Failure to comply with a request for refund under this subsection is a material charter violation and a management company breach. Funds allocated for student attendance in a program affected by an unapproved expansion under subsection (d)(1) of this section are overallocated within the meaning of this subsection.(2) If the charter holder fails to make the requested refund, TEA may recover the overallocation by any means permitted by law, including, but not limited to, the process set forth in TEC, §42.258.(3) Notwithstanding paragraph (2) of this subsection, TEA may not garnish or otherwise recover funds actually paid to and received by a charter holder under TEC, §12.106, if: (A) the basis of the garnishment or recovery is that:(i) the number of students enrolled in the school during a school year exceeded the student enrollment described by the school's charter during that period; and(ii) the school received the funds under TEC, §12.106, based on an accurate report of the school's actual student enrollment; and(B) the school used all funds received under TEC, §12.106, to provide education services to students and:(i) submits to the commissioner a timely request to revise the maximum student enrollment described by the school's charter and the commissioner does not notify the school in writing of an objection to the proposed revision before the 90th day after the date on which the commissioner received the request, provided that the number of students enrolled at the school does not exceed the enrollment described by the school's request; or(ii) exceeds the maximum student enrollment described by the school's charter only because a court mandated that a specific child enroll in that school.(4) Nothing in paragraph (3) of this subsection requires the agency to fund activities that are ineligible for state funding under subsection (d)(1) of this section.19 Tex. Admin. Code § 100.1061
Adopted by Texas Register, Volume 49, Number 39, September 27, 2024, TexReg 7887, eff. 10/2/2024