Texas Attorney General Opinion: GA-0807 Page: 2 of 6
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The Honorable Rob Eissler - Page 2
sum of the basic [state] allotment under Subchapter B and the special [state] allotments under
Subchapter C ... constitute the tier one allotments." Id. 42.251(a) (footnotes omitted).3
With this background, we turn to section 42.159, which is a part of subchapter C and
provides allotments to school districts for courses offered through the SVSN. See id. 42.159 (West
Supp. 2010). Subsections 42.159(b) and (d) provide in pertinent part:
(b) For each student who successfully completes an electronic
course that satisfies a curriculum requirement for graduation adopted
under Section 28.025 [High School Diploma and Certificate;
Academic Achievement Record], and is provided through the state
virtual school network as part ofa normal course load:
(1) the school district or open-enrollment charter school that
provided the course is entitled to an allotment of $400; and
(2) the school district or open-enrollment charter school in which
the student is enrolled is entitled to an allotment of$80 to reimburse
the district or school for associated administrative costs.
(d) For each student who successfully completes an electronic
course that satisfies a curriculum requirement for graduation adopted
under section 28.025 [High School Diploma and Certificate:
Academic Achievement Record], is provided through the state virtual
school network, and exceeds a normal course load, . .. the school
district or open-enrollment charter school that provided the course
may be entitled to an allotment in an amount determined by the
commissioner based on the amount of funds appropriated for
purposes of this subsection.
Id. 42.159(b), (d) (emphasis added). With respect to a course that "exceeds a normal course load,"
subsection 42.159(d), (1) provides for unspecified allotments, and (2) limits the allotments to funds
specifically appropriated by the Legislature for such a purpose. See id. 42.159(d). In contrast, with
respect to a course that is "part of a normal course load," subsection 42.159(b), (1) provides for fixed
allotments of $400 and $80, and (2) does not limit the allotments to specifically appropriated funds.
See id. 42.159(b).
Subsection 42.159(a) defines "normal course load" as "the number ofclasses or credit hours
generally required to be taken by a student to generate the full amount offundingprovided under this3Tier two funding for educational facilities does not appear to be relevant to your question.
__ _ _
(GA-0807)
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Texas. Attorney-General's Office. Texas Attorney General Opinion: GA-0807, text, September 30, 2010; (https://texashistory.unt.edu/ark:/67531/metapth275703/m1/2/: accessed March 29, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.