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Texas Education Code - Section 42.259. Foundation School Fund Transfers

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§ 42.259. FOUNDATION SCHOOL FUND TRANSFERS. (a) In this section: (1) "Category 1 school district" means a school district having a wealth per student of less than one-half of the statewide average wealth per student. (2) "Category 2 school district" means a school district having a wealth per student of at least one-half of the statewide average wealth per student but not more than the statewide average wealth per student. (3) "Category 3 school district" means a school district having a wealth per student of more than the statewide average wealth per student. (4) "Wealth per student" means the taxable property values reported by the comptroller to the commissioner under Section 42.252 divided by the number of students in average daily attendance. (b) Payments from the foundation school fund to each category 1 school district shall be made as follows: (1) 15 percent of the yearly entitlement of the district shall be paid in an installment to be made on or before the 25th day of September of a fiscal year; (2) 80 percent of the yearly entitlement of the district shall be paid in eight equal installments to be made on or before the 25th day of October, November, December, January, March, May, June, and July; and (3) five percent of the yearly entitlement of the district shall be paid in an installment to be made on or before the 25th day of February. Text of subsec. (c) effective until Aug. 1, 2009 (c) Payments from the foundation school fund to each category 2 school district shall be made as follows: (1) 22 percent of the yearly entitlement of the district 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 district 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 district shall be paid in an installment to be made on or before the 25th day of November; (4) 7.5 percent of the yearly entitlement of the district shall be paid in an installment to be made on or before the 25th day of April; (5) five percent of the yearly entitlement of the district shall be paid in an installment to be made on or before the 25th day of May; (6) 10 percent of the yearly entitlement of the district shall be paid in an installment to be made on or before the 25th day of June; (7) 13 percent of the yearly entitlement of the district shall be paid in an installment to be made on or before the 25th day of July; and (8) 15 percent of the yearly entitlement of the district shall be paid in an installment to be made after the fifth day of September and not later than the 10th day of September of the calendar year following the calendar year of the payment made under Subdivision (1). Text of subsec. (c) effective Aug. 1, 2009 (c) Payments from the foundation school fund to each category 2 school district shall be made as follows: (1) 22 percent of the yearly entitlement of the district 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 district 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 district shall be paid in an installment to be made on or before the 25th day of November; (4) 7.5 percent of the yearly entitlement of the district shall be paid in an installment to be made on or before the 25th day of April; (5) five percent of the yearly entitlement of the district shall be paid in an installment to be made on or before the 25th day of May; (6) 10 percent of the yearly entitlement of the district shall be paid in an installment to be made on or before the 25th day of June; (7) 13 percent of the yearly entitlement of the district shall be paid in an installment to be made on or before the 25th day of July; and (8) 15 percent of the yearly entitlement of the district shall be paid in an installment to be made on or before the 25th day of August. Text of subsec. (d) effective until August 1, 2009 (d) Payments from the foundation school fund to each category 3 school district shall be made as follows: (1) 45 percent of the yearly entitlement of the district shall be paid in an installment to be made on or before the 25th day of September of a fiscal year; (2) 35 percent of the yearly entitlement of the district shall be paid in an installment to be made on or before the 25th day of October; and (3) 20 percent of the yearly entitlement of the district shall be paid in an installment to be made after the fifth day of September and not later than the 10th day of September of the calendar year following the calendar year of the payment made under Subdivision (1). Text of subsec. (d) effective August 1, 2009 (d) Payments from the foundation school fund to each category 3 school district shall be made as follows: (1) 45 percent of the yearly entitlement of the district shall be paid in an installment to be made on or before the 25th day of September of a fiscal year; (2) 35 percent of the yearly entitlement of the district shall be paid in an installment to be made on or before the 25th day of October; and (3) 20 percent of the yearly entitlement of the district shall be paid in an installment to be made on or before the 25th day of August. (e) The amount of any installment required by this section may be modified to provide a school district with the proper amount to which the district may be entitled by law and to correct errors in the allocation or distribution of funds. If an installment under this section is required to be equal to other installments, the amount of other installments may be adjusted to provide for that equality. A payment under this section is not invalid because it is not equal to other installments. Text of subsec. (f) effective until Aug. 1, 2009 (f) Except as provided by Subsection (c)(8) or (d)(3), any previously unpaid additional funds from prior years owed to a district shall be paid to the district together with the September payment of the current year entitlement. Text of subsec. (f) effective Aug. 1, 2009 (f) Any previously unpaid additional funds from prior years owed to a district shall be paid to the district together with the September payment of the current year entitlement. Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995. Amended by Acts 1995, 74th Leg., ch. 426, § 31, eff. June 9, 1995; Acts 1997, 75th Leg., ch. 165, § 6.03, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 201, § 35, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1310, § 4, eff. June 20, 2003; Acts 2006, 79th Leg., 3rd C.S., ch. 5, § 1.06, eff. Aug. 1, 2009.

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