Sec. 12.1061. RECOVERY OF CERTAIN FUNDS. The commissioner may not garnish or otherwise recover funds paid to an open-enrollment charter school under Section 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 Section 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 Section 12.106 to provide education services to students.
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