Sec. 42.101. BASIC AND REGULAR PROGRAM ALLOTMENTS    


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  • (a) The basic allotment is an amount equal to the lesser of $4,765 or the amount that results from the following formula:

    A = $4,765 X (DCR/MCR)

    where:

    "A" is the resulting amount for a district;

    "DCR" is the district's compressed tax rate, which is the product of the state compression percentage, as determined under Section 42.2516, multiplied by the maintenance and operations tax rate adopted by the district for the 2005 tax year; and

    "MCR" is the state maximum compressed tax rate, which is the product of the state compression percentage, as determined under Section 42.2516, multiplied by $1.50.

    (a-1) Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. 4, Sec. 57.31, effective September 28, 2011

    (a-2) Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. 4, Sec. 57.31, effective September 28, 2011

    (b) A greater amount for any school year for the basic allotment under Subsection (a) may be provided by appropriation.

    (c) A school district is entitled to a regular program allotment equal to the amount that results from the following formula:

    RPA = ADA X AA X RPAF

    where:

    "RPA" is the regular program allotment to which the district is entitled;

    "ADA" is the number of students in average daily attendance in a district, not including the time students spend each day in special education programs in an instructional arrangement other than mainstream or career and technology education programs, for which an additional allotment is made under Subchapter C;

    "AA" is the district's adjusted basic allotment, as determined under Section 42.102 and, if applicable, as further adjusted under Section 42.103; and

    "RPAF" is the regular program adjustment factor.

    (c-1) Except as provided by Subsection (c-2), the regular program adjustment factor ("RPAF") is 0.9239 for the 2011-2012 school year and 0.98 for the 2012-2013 school year.

    (c-2) For a school district that does not receive funding under Section 42.2516 for the 2011-2012 school year, the commissioner may set the regular program adjustment factor ("RPAF") at 0.95195 for the 2011-2012 and 2012-2013 school years if the district demonstrates that funding reductions as a result of adjustments to the regular program allotment made by S.B. No. 1, Acts of the 82nd Legislature, 1st Called Session, 2011, will result in a hardship to the district in the 2011-2012 school year. Notwithstanding any other provision of this subsection, the commissioner shall adjust the regular program adjustment factor ("RPAF") for the 2012-2013 school year for a school district whose regular program adjustment factor is set in accordance with this subsection to ensure that the total amount of state and local revenue in the combined 2011-2012 and 2012-2013 school years does not differ from the amount the district would have received if the district's regular program adjustment factor had not been set in accordance with this subsection. A determination by the commissioner under this subsection is final and may not be appealed.

    (c-3) The regular program adjustment factor ("RPAF") is 0.98 for the 2013-2014 and 2014-2015 school years or a greater amount established by appropriation, not to exceed 1.0. This subsection and Subsections (c), (c-1), and (c-2) expire September 1, 2015.

where: "A" is the allotment to which a district is entitled; "DCR" is the district's compressed tax rate, which is the product of the state compression percentage, as determined under Section 42.2516, multiplied by the maintenance and operations tax rate adopted by the district for the 2005 tax year; and "MCR" is the state maximum compressed tax rate, which is the product of the state compression percentage, as determined under Section 42.2516, multiplied by $1.50. Text of subsection effective on September 01, 2015 (b) A greater amount for any school year may be provided by appropriation. Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1071, Sec. 14, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 396, Sec. 1.11, eff. Sept. 1, 1999. Amended by: Acts 2006, 79th Leg., 3rd C.S., Ch. 5 , Sec. 1.03, eff. May 31, 2006. Acts 2009, 81st Leg., R.S., Ch. 1328 , Sec. 50, eff. September 1, 2009. Acts 2011, 82nd Leg., 1st C.S., Ch. 4 , Sec. 57.07, eff. September 1, 2011. Acts 2011, 82nd Leg., 1st C.S., Ch. 4 , Sec. 57.08, eff. September 28, 2011. Acts 2011, 82nd Leg., 1st C.S., Ch. 4 , Sec. 57.09, eff. September 1, 2015. Acts 2011, 82nd Leg., 1st C.S., Ch. 4 , Sec. 57.31(3), eff. September 28, 2011.