(a) From the biennial instructional materials fund, the commissioner of education shall set aside an amount not to exceed $10 million for each year of the biennium to make high-enrollment-growth adjustments for school districts and open-enrollment charter schools that experience the highest enrollment growth from the previous year.
(b) High-enrollment-growth adjustments will be based on the difference between the school district's or open-enrollment charter school's percentage of enrollment growth and that of the state. Enrollment growth calculations will be determined each fiscal year based on fall Texas Student Data System Public Education Information Management System enrollment data.
(c) The amount of the adjustment determined by the commissioner is final and may not be appealed.
(d) If sufficient instructional materials funds are available, high-enrollment-growth adjustments will be granted once each fiscal year.
(e) The per-student high-enrollment-growth adjustment granted in the second year of a biennium shall not exceed one-half of the per-student amount established as the biennial instructional materials and technology allotment.
(f) Notwithstanding subsection (d) of this section, a school district or an open-enrollment charter school that experiences an unexpected growth of at least two percent due to a natural or man-made disaster or catastrophic event may apply to the commissioner for additional allotment funding at any time during a fiscal year. Any additional funding will be dependent on the availability of funds.
(g) Notwithstanding subsection (d) of this section, a school district or an open-enrollment charter school that experiences an unexpected growth in its bilingual population of at least 10 percent in any school year may apply to the commissioner for additional bilingual allotment funding at any time during a fiscal year. Any additional funding will be dependent on the availability of funds.

Source Note: The provisions of this §66.1309 adopted to be effective May 8, 2017, 42 TexReg 2405; amended to be effective November 2, 2021, 46 TexReg 7404