Texas Education Code 12.1061 – Recovery of Certain Funds
Terms Used In Texas Education Code 12.1061
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Year: means 12 consecutive months. See Texas Government Code 311.005
The commissioner may not garnish or otherwise recover funds paid to an open-enrollment charter school under § 12.106 if:
(1) the basis of the garnishment or recovery is that:
(A) 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
(B) the school received funding under § 12.106 based on the school’s actual student enrollment;
(2) the school:
(A) 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
(B) exceeds the maximum student enrollment described by the school’s charter only because a court mandated that a specific child enroll in that school; and
(3) the school used all funds received under § 12.106 to provide education services to students.