SECTION 61.1004. Special Education Funding for Open-Enrollment Charter Schools

(a) This rule, made pursuant to Texas Education Code (TEC), §48.011 and §48.004, addresses calculations in TEC, §§12.106, 48.051, and 48.102.

(b) An open-enrollment charter school shall receive additional special education funding in an amount equal to the difference, if that difference is greater than zero, between the total amount of funding the open-enrollment charter school would have received for special education purposes under former TEC, §42.151, as it existed on January 1, 2019, and the amount of total funding received for special education purposes under TEC, §48.102, for the applicable school year referenced in TEC, §48.277(b)(1).

(c) An open-enrollment charter school's entitlement under TEC, §48.051, shall be reduced by an amount equivalent to the amount of the additional special education funding provided under subsection (b) of this section. A reduction under this section may not exceed the open-enrollment charter school's entitlement under TEC, §48.051.

(d) This section has no application beginning with the 2024-2025 school year.

Source Note: The provisions of this §61.1004 adopted to be effective July 30, 2020, 45 TexReg 5194