(a) A school district or open-enrollment charter school is entitled to receive an annual allotment for each student in average daily attendance in the amount equal to the difference, if the difference is greater than zero, that results from subtracting the total maintenance and operations revenue per student in average daily attendance for the current school year from the lesser of:
(1) 103 percent of the district’s or school’s total maintenance and operations revenue per student in average daily attendance for the 2019-2020 school year that the district or school would have received under former Chapters 41 and 42, as those chapters existed on January 1, 2019; or
(2) 128 percent of the statewide average amount of maintenance and operations revenue per student in average daily attendance that would have been provided for the 2019-2020 school year under former Chapters 41 and 42, as those chapters existed on January 1, 2019.
(b) For purposes of calculating maintenance and operations revenue under Subsection (a), the commissioner shall:
(1) for purposes of Subsections (a)(1) and (2), use the following applicable school year:
(A) in a school year ending in an even-numbered year, the 2019-2020 school year; and
(B) in a school year ending in an odd-numbered year, the 2019-2020 or 2020-2021 school year, whichever is greater;
(2) include all state and local funding, except for any funding resulting from:
(A) reimbursement for disaster remediation costs under former Sections 41.0931 and 42.2524;
(B) an adjustment for rapid decline in taxable value of property under former Section 42.2521;
(C) an adjustment for property value affected by a state of disaster under former Section 42.2523; and
(D) additional state aid under § 48.307 or 48.308;
(3) adjust the calculation to reflect a reduction in tax effort by a school district; and
(4) if a school district or open-enrollment charter school receives a waiver relating to eligibility requirements for the national free or reduced-price lunch program under 42 U.S.C. § 1751 et seq., use the numbers of educationally disadvantaged students on which the district’s or school’s entitlement to compensatory education funds was based for the school year before the school year in which the district or school received the waiver, adjusted for estimated enrollment growth.

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Terms Used In Texas Education Code 48.277

  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Property: means real and personal property. See Texas Government Code 311.005
  • Year: means 12 consecutive months. See Texas Government Code 311.005

(c) A decision by the commissioner under this section is final and may not be appealed.
(c-1) Notwithstanding any other provision of this chapter, beginning with the 2021-2022 school year, if the total amount of allotments to which school districts and open-enrollment charter schools are entitled under this section for a school year exceeds $400 million, the commissioner shall proportionately reduce each district’s or school’s allotment under this section. The reduction in the amount to which a district or school is entitled under this section may not result in an amount that is less than zero.
(d) A school district or open-enrollment charter school is not entitled to an allotment under Subsection (a) beginning with the 2024-2025 school year.
(e) This section expires September 1, 2025.

For expiration of this section, see Subsection (e).
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