The text as introduced · 32,862 words
89R14697 MM/KJE/ANG-F
By: Buckley
H.B. No. 2
A BILL TO BE ENTITLED
AN ACT
relating to public education and public school finance.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. CHANGES RELATED TO PUBLIC EDUCATION AND PUBLIC SCHOOL
FINANCE
SECTION 1.01. Section 12.106, Education Code, is amended by
amending Subsections (a), (a-2), (d), (e), and (f) and adding
Subsection (e-1) to read as follows:
(a) A charter holder is entitled to receive for the
open-enrollment charter school funding under Chapter 48 equal to
the amount of funding per student in weighted average daily
attendance to which the charter holder would be entitled for the
school under that chapter if the school were a school district
without a tier one local share for purposes of Section 48.266 ,
excluding :
(1) the adjustment under Section 48.052 ;
(2) [ , ] the funding under Sections 48.101 and [ ,
48.110, ] 48.111 ; [ , and 48.112, ] and
(3) enrichment funding under Section 48.202(a) [ , to
which the charter holder would be entitled for the school under
Chapter 48 if the school were a school district without a tier one
local share for purposes of Section 48.266 ].
(a-2) In addition to the funding provided by Subsection (a),
a charter holder is entitled to receive for the open-enrollment
charter school an allotment per student in average daily attendance
in an amount equal to the difference between:
(1) the product of:
(A) the quotient of:
(i) the total amount of funding provided to
eligible school districts under Section 48.101(b) or (c); and
(ii) the total number of students in
average daily attendance in school districts that receive an
allotment under Section 48.101(b) or (c); and
(B) the sum of one and the quotient of:
(i) the total number of students in average
daily attendance in school districts that receive an allotment
under Section 48.101(b) or (c); and
(ii) the total number of students in
average daily attendance in school districts statewide; and
(2) $700 [ $125 ].
(d) Subject to Subsections [ Subsection ] (e) and (e-1) , in
addition to other amounts provided by this section, a charter
holder is entitled to receive, for the open-enrollment charter
school, an annual allotment [ funding ] per student in average daily
attendance in an amount equal to the basic allotment provided under
Section 48.051 for the applicable school year [ guaranteed level of
state and local funds per student per cent of tax effort under
Section 46.032(a) ] multiplied by 0.07 [ the lesser of:
[ (1) the state average interest and sinking fund tax
rate imposed by school districts for the current year; or
[ (2) a rate that would result in a total amount to
which charter schools are entitled under this subsection for the
current year equal to $60 million ].
(e) A charter holder is entitled to receive funding under
Subsection (d) for an open-enrollment charter school only if :
(1) the most recent overall performance ratings
[ rating ] assigned to the open-enrollment charter school under
Subchapters [ Subchapter ] C and D , Chapter 39, reflect [ reflects ] at
least acceptable performance ;
(2) for an open-enrollment charter school that has not
been assigned performance ratings under both Subchapters C and D,
Chapter 39, the most recent overall performance rating assigned to
the school under either of those subchapters reflects at least
acceptable performance; or
(3) the [ . This subsection does not apply to a ] charter
holder [ that ] operates a school program located at a day treatment
facility, residential treatment facility, psychiatric hospital, or
medical hospital.
(e-1) A charter holder is entitled to receive funding under
Subsection (d) for an open-enrollment charter school only if the
governing body of the school annually certifies in writing to the
agency that no administrator, officer, or employee of the school
and no member of the governing body of the school or its charter
holder derives any personal financial benefit from a real estate
transaction with the school.
(f) Funds received by a charter holder under Subsection (d)
may only be used:
(1) to lease an instructional facility;
(2) to pay property taxes imposed on an instructional
facility;
(3) to pay debt service on bonds issued for a purpose
for which a school district is authorized to issue bonds under
Section 45.001(a)(1) or to pay for a purchase for which a school
district is authorized to issue bonds under that section [ to
finance an instructional facility ]; or
(4) for any other purpose related to the purchase,
lease, sale, acquisition, or maintenance of an instructional
facility.
SECTION 1.02. Section 12.156(a), Education Code, is amended
to read as follows:
(a) Except as otherwise provided by this subchapter,
Subchapter D , including Section 12.106(d), applies to a college or
university charter school or junior college charter school as
though the college or university charter school or junior college
charter school, as applicable, were granted a charter under that
subchapter.
SECTION 1.03. Section 21.3521, Education Code, is amended
by amending Subsections (a), (c), and (e) and adding Subsections
(d-1), (d-2), and (d-3) to read as follows:
(a) Subject to Subsection (b), a school district or
open-enrollment charter school may designate a classroom teacher as
a master, exemplary, [ or ] recognized , or acknowledged teacher for a
five-year period based on the results from single year or multiyear
appraisals that comply with Section 21.351 or 21.352.
(c) Notwithstanding performance standards established
under Subsection (b), a classroom teacher that holds a National
Board Certification issued by the National Board for Professional
Teaching Standards may be designated as nationally board certified
[ recognized ].
(d-1) Each school year, the commissioner shall, using
criteria developed by the commissioner, designate as enhanced
teacher incentive allotment schools school districts and
open-enrollment charter schools that implement comprehensive
school evaluation and support systems. The criteria developed by
the commissioner must require a district or school to:
(1) for principals and assistant principals,
implement:
(A) a strategic evaluations system aligned with
the district's or school's teacher designation system; and
(B) a compensation system based on performance;
(2) ensure that under the school district's or
open-enrollment charter school's teacher designation system
substantially all classroom teachers, regardless of the grade level
or subject area to which the teacher is assigned, are eligible to
earn a designation under Subsection (a);
(3) implement for all instructional staff a
compensation plan based on performance that:
(A) uses a salary schedule that is based on
differentiation among instructional staff appraisals as permitted
under this section; and
(B) does not include across-the-board salary
increases for instructional staff except for periodic changes to
the district's or school's salary schedule to adjust for
significant inflation; and
(4) implement a locally designed plan to place highly
effective teachers at high needs campuses and in accordance with
Section 28.0062(a)(3).
(d-2) The commissioner may remove a school district's or
open-enrollment charter school's designation under Subsection
(d-1) if the commissioner determines the district or school no
longer meets the criteria for the designation.
(d-3) Not later than September 1 of each year, the
commissioner shall post on the agency's Internet website a list of
the school districts and open-enrollment charter schools
designated as enhanced teacher incentive allotment schools under
Subsection (d-1).
(e) The agency shall develop and provide technical
assistance for school districts and open-enrollment charter
schools that request assistance in implementing a local optional
teacher designation system, including :
(1) providing assistance in prioritizing high needs
campuses ;
(2) providing examples or models of local optional
teacher designation systems to reduce the time required for a
district or school to implement a teacher designation system;
(3) establishing partnerships between districts and
schools that request assistance and districts and schools that have
implemented a teacher designation system;
(4) applying the performance and validity standards
established by the commissioner under Subsection (b);
(5) providing centralized support for the analysis of
the results of assessment instruments administered to district or
school students; and
(6) facilitating effective communication on and
promotion of local optional teacher designation systems .
SECTION 1.04. Subchapter H, Chapter 21, Education Code, is
amended by adding Section 21.3522 to read as follows:
Sec. 21.3522. LOCAL OPTIONAL TEACHER DESIGNATION SYSTEM
GRANT PROGRAM. (a) From money appropriated or otherwise available
for the purpose, the agency shall establish and administer a grant
program to provide money and technical assistance to:
(1) expand and support ongoing implementation of local
optional teacher designation systems under Section 21.3521;
(2) increase the number of classroom teachers eligible
for a designation under that section; and
(3) increase the salaries paid to classroom teachers
employed by school districts or open-enrollment charter schools
that have established or are seeking to establish a designation
system under that section.
(b) A grant awarded under this section must:
(1) meet the needs of individual school districts or
open-enrollment charter schools; and
(2) enable regional leadership capacity.
(c) The commissioner may adopt rules as necessary to
implement this section.
SECTION 1.05. Subchapter C, Chapter 25, Education Code, is
amended by adding Section 25.0816 to read as follows:
Sec. 25.0816. ADDITIONAL DAYS SCHOOL YEAR PLANNING GRANT
PROGRAM. (a) From money appropriated or otherwise available for
the purpose, the agency shall establish and administer a grant
program to provide funding and technical assistance to school
districts and open-enrollment charter schools to plan the school
year and adjust operations as necessary to qualify for the
incentive funding under Section 48.0051.
(b) In awarding grants under the program, the agency shall
prioritize school districts and open-enrollment charter schools
that seek to maximize incentive funding under Section 48.0051.
(c) The agency may solicit and accept gifts, grants, and
donations for purposes of this section.
SECTION 1.06. Section 28.0211(a-1), Education Code, is
amended to read as follows:
(a-1) Each time a student fails to perform satisfactorily on
an assessment instrument administered under Section 39.023(a) or
(l) in the third, fourth, fifth, sixth, seventh, or eighth grade or
an end-of-course assessment instrument administered under Section
39.023(c), other than an assessment instrument developed or adopted
based on alternative academic achievement standards, the school
district in which the student attends school shall provide to the
student accelerated instruction in the applicable subject area
during the subsequent summer or school year and, subject to
Subsections (a-7) and (a-8), either:
(1) allow the student to be assigned a classroom
teacher who has earned a designation [ is certified as a master,
exemplary, or recognized teacher ] under Section 21.3521 for the
subsequent school year in the applicable subject area; or
(2) provide the student supplemental instruction
under Subsection (a-4).
SECTION 1.07. Section 29.153, Education Code, is amended by
adding Subsections (b-1) and (h) to read as follows:
(b-1) Notwithstanding Subsection (b), any child who is at
least three years of age is eligible for enrollment in a
prekindergarten class under this section if:
(1) the class is provided through a partnership
between a school district or open-enrollment charter school and a
community-based child-care provider described by Subsection (g);
and
(2) the child receives subsidized child-care services
provided through the child-care services program administered by
the Texas Workforce Commission.
(h) Notwithstanding any other law, a facility or location at
which prekindergarten classes are provided by a school district or
open-enrollment charter school in partnership with a private entity
under this section:
(1) must comply with any municipal ordinance
applicable to the operation of a private prekindergarten program;
and
(2) may not be required to comply with any municipal
ordinance applicable to the operation of a prekindergarten program
by a school district or open-enrollment charter school.
SECTION 1.08. Sections 29.934(b) and (d), Education Code,
are amended to read as follows:
(b) To apply to be designated as a resource campus under
this section, the campus must have received an overall performance
rating under Section 39.054 of D or F , or an overall performance
rating under Section 39.054(a-4)(1) or 39.0546 of "Not Rated," for
three [ four ] years over a 10-year period of time.
(d) To be designated as a resource campus, the campus must:
(1) implement a targeted improvement plan as described
by Chapter 39A and establish a school community partnership team;
(2) adopt an accelerated campus excellence turnaround
plan as provided by Section 39A.105(b) [ except that a classroom
teacher who satisfies the requirements for demonstrated
instructional effectiveness under Section 39A.105(b)(3) must also
hold a current designation assigned under Section 21.3521 ];
(3) be in a school district that has adopted an
approved local optional teacher designation system under Section
21.3521;
(4) satisfy certain staff criteria by:
(A) requiring a principal or teacher employed at
the campus before the designation to apply for a position to
continue at the campus;
(B) for a subject in the foundation curriculum
under Section 28.002(a)(1):
(i) employing only teachers who have at
least two [ three ] years of teaching experience; and
(ii) ensuring that at least 50 percent of
teachers hold a current designation assigned under Section 21.3521;
(C) employing at least one school counselor for
every 300 students; and
(D) employing at least one appropriately
licensed professional to assist with the social and emotional needs
of students and staff, who must be a:
(i) family and community liaison;
(ii) clinical social worker;
(iii) specialist in school psychology; or
(iv) professional counselor;
(5) implement a positive behavior program as provided
by Section 37.0013;
(6) implement a family engagement plan as described by
Section 29.168;
(7) develop and implement a plan to use high quality
instructional materials;
(8) if the campus is an elementary or middle school
campus, operate the campus for a school year that qualifies for
funding under Section 48.0051; and
(9) annually submit to the commissioner data and
information required by the commissioner to assess fidelity of
implementation.
SECTION 1.09. Effective September 1, 2028, Section 29.934,
Education Code, is amended by amending Subsection (b) and adding
Subsection (b-1) to read as follows:
(b) To apply to be designated as a resource campus under
this section, the campus must have received an overall performance
rating under Section 39.054 of D or F , or an overall performance
rating under Section 39.054(a-4)(1) of "Not Rated," for three
[ four ] years over a 10-year period of time.
(b-1) Notwithstanding Subsection (b), a campus may apply to
be designated as a resource campus under this section if the campus
received an overall performance rating under Section 39.054 of D or
F, or an overall performance rating under Section 39.054(a-4)(1) or
former Section 39.0546 of "Not Rated," for three years over a
10-year period of time. This subsection expires September 1, 2033.
SECTION 1.10. Subchapter Z, Chapter 29, Education Code, is
amended by adding Sections 29.939 and 29.940 to read as follows:
Sec. 29.939. HIGH SCHOOL ADVISING PROGRAM. (a) The agency
shall establish a high school advising program through which
participating school districts and open-enrollment charter schools
provide college or career advising supports to students, either by
hiring employees or contracting with service providers.
(b) A school district or open-enrollment charter school
participating in the program must have at least one partnership
agreement with:
(1) if the district or school provides college
advisors, a public institution of higher education to support
students to transition successfully from high school graduation to
college enrollment, persistence, and completion; and
(2) if the district or school provides career
advisors:
(A) a vocational program at a public institution
of higher education;
(B) an employer; or
(C) a local workforce board.
(c) An advisor under the program must be trained in:
(1) practices relating to college advising to serve as
a college advisor; and
(2) practices relating to career advising to serve as
a career advisor.
(d) A full-time equivalent advisor under the program may not
have a caseload of more than 200 students and must prioritize
students in grade levels 11 and 12.
(e) The commissioner may adopt rules as necessary to
implement this section. In adopting rules, the commissioner shall
consult with the Texas Workforce Commission and the Texas Higher
Education Coordinating Board.
Sec. 29.940. FEDERAL GRANT ADMINISTRATION. For a federal
grant program under which the agency oversees and administers
services to nonpublic schools, the agency shall follow federal
disposition rules and procedures to dispose of equipment or
supplies that are unused or no longer needed and were previously
allocated to nonpublic schools participating in the grant program.
SECTION 1.11. Section 45.105, Education Code, is amended by
amending Subsection (c) and adding Subsection (c-2) to read as
follows:
(c) Local school funds from district taxes, tuition fees of
students not entitled to a free education, other local sources, and
state funds not designated for a specific purpose may be used for
the purposes listed for state and county available funds and for
purchasing appliances and supplies, paying insurance premiums,
paying janitors and other employees, buying school sites, buying,
building, repairing, and renting school buildings, including
acquiring school buildings and sites by leasing through annual
payments with an ultimate option to purchase, providing advising
support as described by Section 48.0035, and educating students as
described by Subsection (c-2), and, except as provided by
Subsection (c-1), for other purposes necessary in the conduct of
the public schools determined by the board of trustees. The
accounts and vouchers for county districts must be approved by the
county superintendent. If the state available school fund in any
municipality or district is sufficient to maintain the schools in
any year for at least eight months and leave a surplus, the surplus
may be spent for the purposes listed in this subsection.
(c-2) A school district may use funding described by
Subsection (c) to educate a student who has graduated from high
school but is enrolled in the district in a program through which
the student may earn dual credit, including the Pathways in
Technology Early College High School (P-TECH) program under
Subchapter N, Chapter 29, and the Rural Pathway Excellence
Partnership (R-PEP) program under Section 29.912.
SECTION 1.12. Subchapter A, Chapter 48, Education Code, is
amended by adding Section 48.0035 to read as follows:
Sec. 48.0035. USE OF FUNDING FOR CERTAIN PURPOSES. A school
district may use funding to which the district is entitled under
this chapter to provide district graduates, during the first two
years after high school graduation, advising support toward the
successful completion of a certificate or degree program at a
public institution of higher education or a postsecondary
vocational training program.
SECTION 1.13. Section 48.005, Education Code, is amended by
amending Subsections (a), (b), (e), and (f) and adding Subsection
(a-1) to read as follows:
(a) In this chapter, average daily attendance is:
(1) the quotient of the sum of attendance for each day
of the minimum number of days of instruction as described under
Section 25.081(a) divided by the minimum number of days of
instruction;
(2) for a district that operates under a flexible year
program under Section 29.0821, the quotient of the sum of
attendance for each actual day of instruction as permitted by
Section 29.0821(b)(1) divided by the number of actual days of
instruction as permitted by Section 29.0821(b)(1);
(3) for a district that operates under a flexible
school day program under Section 29.0822, the average daily
attendance as calculated by the commissioner in accordance with
Sections 29.0822(d) and (d-1); or
(4) except as provided by Subsection (a-1), for a
district that operates a half-day program or a full-day program
under Section 29.153(c), one-half of the average daily attendance
calculated under Subdivision (1).
(a-1) Average daily attendance is calculated under
Subsection (a)(1) for students:
(1) enrolled in a half-day program or full-day program
under Section 29.153(c) provided by an eligible private provider
under Section 29.171; and
(2) assigned to a campus:
(A) that is operated under a contract entered
into by the district with an entity under Section 11.174 or an
eligible private provider under Section 29.171; or
(B) of an open-enrollment charter school that is
operated by an entity governed by a management contract approved by
the agency.
(b) A school district that experiences a decline of more
than five [ two ] percent [ or more ] in average daily attendance shall
be funded on the basis of[ :
[ (1) the actual average daily attendance of the
preceding school year, if the decline is the result of the closing
or reduction in personnel of a military base; or
[ (2) subject to Subsection (e), ] an average daily
attendance of 95 [ not to exceed 98 ] percent of the actual average
daily attendance of the preceding school year[ , if the decline is
not the result of the closing or reduction in personnel of a
military base ].
(e) For each school year, the commissioner shall adjust the
average daily attendance of school districts that are entitled to
funding on the basis of an adjusted average daily attendance under
Subsection (b) [ (b)(2) ] so that:
(1) all districts are funded on the basis of the same
percentage of the preceding year's actual average daily attendance;
and
(2) the total cost to the state does not exceed $50
million, or a greater amount provided by appropriation [ the amount
specifically appropriated for that year for purposes of Subsection
(b)(2) ].
(f) An open-enrollment charter school is not entitled to
funding based on an adjustment under Subsection (b) [ (b)(2) ].
SECTION 1.14. Section 48.0051, Education Code, is amended
by amending Subsections (a), (b), and (d) and adding Subsection
(b-1) to read as follows:
(a) The [ Subject to Subsection (a-1), the ] commissioner
shall adjust the average daily attendance of a school district or
open-enrollment charter school under Section 48.005 in the manner
provided by Subsection (b) if the district or school:
(1) provides the minimum number of minutes of
operational and instructional time required under Section 25.081
and commissioner rules adopted under that section over at least 175
[ 180 ] days of instruction; and
(2) offers an additional 30 days of half-day
instruction for students enrolled in prekindergarten through
eighth [ fifth ] grade.
(b) Subject to Subsection (b-1), for [ For ] a school district
or open-enrollment charter school described by Subsection (a), the
commissioner shall increase the average daily attendance of the
district or school under Section 48.005 by the amount that results
from the quotient of the sum of attendance by students described by
Subsection (a)(2) for each of the 30 additional instructional days
of half-day instruction that are provided divided by 175 [ 180 ].
(b-1) For a school district or open-enrollment charter
school described by Subsection (a) that provides at least 200 full
days of instruction to students described by Subsection (a)(2), the
commissioner shall increase the amount computed for the district or
school under Subsection (b) by 50 percent.
(d) This section does not prohibit a school district from
providing the minimum number of minutes of operational and
instructional time required under Section 25.081 and commissioner
rules adopted under that section over fewer than 175 [ 180 ] days of
instruction.
SECTION 1.15. Subchapter A, Chapter 48, Education Code, is
amended by adding Section 48.014 to read as follows:
Sec. 48.014. NOTICE FOR SCHOOL DISTRICTS REGARDING RECOURSE
FOR INVALID PROPERTY VALUES. (a) This section applies only to a
school district located in an appraisal district in which the
comptroller has certified the preliminary findings of the school
district property value study under Section 403.302(g), Government
Code, and determined that a school district located in the
appraisal district has an invalid local value, regardless of
whether the district meets the definition of an eligible school
district under Section 403.3011, Government Code.
(b) For each school district to which this section applies
and as soon as practicable after the comptroller has certified the
preliminary findings of the school district property value study
under Section 403.302(g), Government Code, the commissioner shall
provide notice to the board of trustees of the district that
includes information regarding the impact or possible impact of a
final certification of an invalid local value on the district's
finances, including:
(1) an estimate of the effect on the district's
finances; and
(2) any right of recourse available to the district.
(c) Each school district shall annually report to the agency
contact information for the members of the district's board of
trustees for purposes of receiving the notice under this section.
(d) The commissioner shall coordinate with the comptroller
to provide copies of the notice under this section to the board of
directors of each applicable appraisal district.
SECTION 1.16. Sections 48.051(a), (c), and (c-1), Education
Code, are amended to read as follows:
(a) For each student in average daily attendance, not
including the time students spend each day in career and technology
education programs or in special education programs in a setting
[ an instructional arrangement ] other than a general education
setting [ mainstream or career and technology education programs ],
for which an additional allotment is made under Subchapter C, a
school district is entitled to an allotment equal to the lesser of
$6,380 [ $6,160 ] or the amount that results from the following
formula:
A = $6,380 [ $6,160 ] X TR/MCR
where:
"A" is the allotment to which a district is entitled;
"TR" is the district's tier one maintenance and operations
tax rate, as provided by Section 45.0032; and
"MCR" is the district's maximum compressed tax rate, as
determined under Section 48.2551.
(c) During any school year for which the maximum amount of
the basic allotment provided under Subsection (a) or (b) is greater
than the maximum amount provided for the preceding school year, a
school district must use at least 40 [ 30 ] percent of the amount, if
the amount is greater than zero, that equals the product of the
average daily attendance of the district multiplied by the amount
of the difference between the district's funding under this chapter
per student in average daily attendance for the current school year
and the preceding school year to provide compensation increases to
full-time district employees other than administrators as follows:
(1) 75 percent must be used to increase the
compensation paid to classroom teachers, full-time librarians,
full-time school counselors certified under Subchapter B, Chapter
21, and full-time school nurses, prioritizing differentiated
compensation for classroom teachers with more than five years of
experience; and
(2) 25 percent may be used as determined by the
district to increase compensation paid to full-time district
employees.
(c-1) A school district employee who received a salary
increase under Subsection (c) [ from a school district for the
2019-2020 school year ] is, as long as the employee remains employed
by the same district and the district is receiving at least the same
amount of funding as the amount of funding the district received for
the [ 2019-2020 ] school year in which the requirement under
Subsection (c) applied , entitled to salary that is at least equal to
the salary the employee received for the preceding [ 2019-2020 ]
school year. This subsection does not apply if :
(1) the board of trustees of the school district at
which the employee is employed:
(A) [ (1) ] complies with Sections 21.4021,
21.4022, and 21.4032 in reducing the employee's salary; and
(B) [ (2) ] has adopted a resolution declaring a
financial exigency for the district under Section 44.011 ; or
(2) the school district evaluates the employee's
performance and the employee's performance rating is lower than the
employee's performance rating during the school year in which the
requirement under Subsection (c) applied .
SECTION 1.17. Section 48.101, Education Code, is amended to
read as follows:
Sec. 48.101. SMALL AND MID-SIZED DISTRICT ALLOTMENT. (a)
Small and mid-sized districts are entitled to an annual allotment
in accordance with this section. In this section:
(1) "AA" is the district's annual allotment per
student in average daily attendance;
(2) "ADA" is the number of students in average daily
attendance for which the district is entitled to an allotment under
Section 48.051 , other than students in average daily attendance who
do not reside in the district and are enrolled in a full-time
virtual program ; and
(3) "BA" is the basic allotment determined under
Section 48.051.
(b) A school district that has fewer than 1,600 students in
average daily attendance is entitled to an annual allotment for
each student in average daily attendance based on the following
formula:
AA = ((1,600 - ADA) X .00062 [ .0004 ]) X BA
(c) A school district that offers a kindergarten through
grade 12 program and has less than 5,000 students in average daily
attendance is entitled to an annual allotment for each student in
average daily attendance based on the formula, of the following
formulas, that results in the greatest annual allotment:
(1) the formula in Subsection (b), if the district is
eligible for that formula; or
(2) AA = ((5,000 - ADA) X .000035 [ .000025 ]) X BA.
(d) Instead of the allotment under Subsection (b) or (c)(1),
a school district that has fewer than 300 students in average daily
attendance and is the only school district located in and operating
in a county is entitled to an annual allotment for each student in
average daily attendance based on the following formula:
AA = ((1,600 - ADA) X .00065 [ .00047 ]) X BA
SECTION 1.18. Sections 48.104(a), (d), and (e), Education
Code, are amended to read as follows:
(a) For each student who does not have a disability and
resides in a residential placement facility in a district in which
the student's parent or legal guardian does not reside, a district
is entitled to an annual allotment equal to the basic allotment
multiplied by 0.2 or, if the student is educationally
disadvantaged, 0.28 [ 0.275 ]. For each full-time equivalent student
who is in a remedial and support program under Section 29.081
because the student is pregnant, a district is entitled to an annual
allotment equal to the basic allotment multiplied by 2.41.
(d) The weights assigned to the five tiers of the index
established under Subsection (c) are, from least to most severe
economic disadvantage, 0.23 [ 0.225 ], 0.2425 [ 0.2375 ], 0.255
[ 0.25 ], 0.2675 [ 0.2625 ], and 0.28 [ 0.275 ].
(e) If insufficient data is available for any school year to
evaluate the level of economic disadvantage in a census block
group, a school district is entitled to an annual allotment equal to
the basic allotment multiplied by 0.23 [ 0.225 ] for each student who
is educationally disadvantaged and resides in that census block
group.
SECTION 1.19. Section 48.112, Education Code, is amended by
amending Subsections (c), (d), and (i) and adding Subsection (g-1)
to read as follows:
(c) For each classroom teacher with a teacher designation
under Section 21.3521 employed by a school district, the school
district is entitled to an allotment equal to the following
applicable base amount increased by the high needs and rural factor
as determined under Subsection (d):
(1) $12,000, or an increased amount not to exceed
$36,000 [ $32,000 ] as determined under Subsection (d), for each
master teacher;
(2) $9,000 [ $6,000 ], or an increased amount not to
exceed $25,000 [ $18,000 ] as determined under Subsection (d), for
each exemplary teacher; [ and ]
(3) $5,000 [ $3,000 ], or an increased amount not to
exceed $15,000 [ $9,000 ] as determined under Subsection (d), for
each recognized teacher ; and
(4) $3,000, or an increased amount not to exceed
$9,000 as determined under Subsection (d), for each:
(A) acknowledged teacher; or
(B) nationally board certified teacher .
(d) The high needs and rural factor is determined by
multiplying the following applicable amounts by the average of the
point value assigned to each student at a district campus under
Subsection (e):
(1) $6,000 [ $5,000 ] for each master teacher;
(2) $4,000 [ $3,000 ] for each exemplary teacher; [ and ]
(3) $2,500 [ $1,500 ] for each recognized teacher ; and
(4) $1,500 for each:
(A) acknowledged teacher; or
(B) nationally board certified teacher .
(g-1) For a district that is designated as an enhanced
teacher incentive allotment school under Section 21.3521(d-1), the
commissioner shall increase the amount to which the district is
entitled under this section by multiplying that amount by 1.1.
(i) A district shall annually certify that:
(1) funds received under this section were used as
follows:
(A) at least 90 percent of each allotment
received under Subsection (c) was used for the compensation of
teachers employed at the campus at which the teacher for whom the
district received the allotment is employed; [ and ]
(B) for a district whose allotment was increased
under Subsection (g-1), the amount by which the allotment was
increased under that subsection was used to meet the criteria to
maintain a designation as an enhanced teacher incentive allotment
school under Section 21.3521(d-1); and
(C) any other funds received under this section
were used for costs associated with implementing Section 21.3521,
including efforts to support teachers in obtaining designations;
and
(2) the district prioritized high needs campuses in
the district in using funds received under this section.
SECTION 1.20. Subchapter C, Chapter 48, Education Code, is
amended by adding Section 48.116 to read as follows:
Sec. 48.116. FINE ARTS ALLOTMENT. (a) For each student in
average daily attendance enrolled in a fine arts education course
approved by the agency under Subsection (b) in grades 6 through 12,
a school district is entitled to an annual allotment equal to:
(1) if the student is not educationally disadvantaged,
the basic allotment, or, if applicable, the sum of the basic
allotment and the allotment under Section 48.101 to which the
district is entitled, multiplied by 0.008; or
(2) if the student is educationally disadvantaged, the
amount determined under Subdivision (1) multiplied by two.
(b) The agency shall approve fine arts education courses
that qualify for the allotment provided under this section. The
approved courses must include fine arts education courses that:
(1) are authorized by the State Board of Education,
including music, art, theater, and dance;
(2) provide students with the knowledge and skills
necessary for success in the fine arts; and
(3) require a student in full-time attendance to
receive not less than 225 minutes of fine arts instruction per week.
(c) The agency shall annually publish a list of fine arts
education courses approved under Subsection (b).
(d) The total amount of allotments provided under this
section for a school year may not exceed $15 million.
(e) The agency may proportionally reduce each school
district's allotment under this section if the amount appropriated
for purposes of this section is insufficient to pay for all
allotments to which districts are entitled under this section.
SECTION 1.21. Subchapter D, Chapter 48, Education Code, is
amended by adding Section 48.162 to read as follows:
Sec. 48.162. HIGH SCHOOL ADVISING ALLOTMENT. (a) Subject
to Subsections (b) and (c), for each full-time equivalent advisor
or contracted service provider under the high school advising
program established under Section 29.939, a school district is
entitled to $50,000.
(b) The number of advisors for whom a school district may
receive an allotment under this section may not exceed the quotient
of, rounded up to the nearest whole number:
(1) the number of students enrolled in the district in
grade levels 11 and 12; and
(2) 200.
(c) Beginning with the fifth school year for which a school
district receives an allotment under this section, the commissioner
shall reduce the district's allotment by 20 percent for each school
year unless the district's performance under Section 48.110 for the
school year:
(1) exceeded the average of the district's performance
under that section for the two school years preceding that school
year;
(2) was in the top 25 percent of statewide performance
under that section; or
(3) established that at least 40 percent of the
district's educationally disadvantaged annual graduates
demonstrated college, career, or military readiness as described by
Section 48.110(f).
SECTION 1.22. Section 48.202(a-1), Education Code, is
amended to read as follows:
(a-1) For purposes of Subsection (a), the dollar amount
guaranteed level of state and local funds per weighted student per
cent of tax effort ("GL") for a school district is:
(1) the greater of the amount of district tax revenue
per weighted student per cent of tax effort available to a school
district at the 96th percentile of wealth per weighted student or
the amount that results from multiplying the maximum amount of the
basic allotment provided under Section 48.051 for the applicable
school year [ 6,160 ], or the greater amount provided under Section
48.051(b), if applicable, by 0.016, for the first eight cents by
which the district's maintenance and operations tax rate exceeds
the district's tier one tax rate; and
(2) subject to Subsection (f), the amount that results
from multiplying the maximum amount of the basic allotment provided
under Section 48.051 for the applicable school year [ $6,160 ], or
the greater amount provided under Section 48.051(b), if applicable,
by 0.008, for the district's maintenance and operations tax effort
that exceeds the amount of tax effort described by Subdivision (1).
SECTION 1.23. Section 48.2543, Education Code, is amended
to read as follows:
Sec. 48.2543. ADDITIONAL STATE AID FOR CERTAIN DISTRICTS
[ HOMESTEAD EXEMPTION ]. [ (a) For the 2022-2023 school year, a
school district is entitled to additional state aid to the extent
that state and local revenue under this chapter and Chapter 49 is
less than the state and local revenue that would have been available
to the district under this chapter and Chapter 49 as those chapters
existed on September 1, 2021, if any increase in the residence
homestead exemption under Section 1-b(c), Article VIII, Texas
Constitution, as proposed by the 87th Legislature, 3rd Called
Session, 2021, had not occurred.
[ (a-1) ] Beginning with the 2025-2026 [ 2023-2024 ] school
year, a school district is entitled to additional state aid to the
extent that state and local revenue under this chapter , other than
former Section 48.2543(a), and Chapter 49 is less than the state and
local revenue that would have been available to the district under
this chapter and Chapter 49 as those chapters existed on September
1, 2022, if each of the following had not occurred:
(1) an [ any ] increase in a residence homestead
exemption under Section 1-b(c), Article VIII, Texas Constitution,
and any additional limitation on tax increases under Section 1-b(d)
of that article as proposed by the 88th Legislature, 2nd Called
Session, 2023 ;
(2) a reduction of the amount of the limitation on tax
increases provided by Section 11.26(a-10), Tax Code; and
(3) a reduction in the district's maximum compressed
tax rate under Section 48.2555, as added by Chapter 1 (S.B. 2), Acts
of the 88th Legislature, 2nd Called Session, 2023 [ , had not
occurred ].
[ (b) The lesser of the school district's currently adopted
maintenance and operations tax rate or the adopted maintenance and
operations tax rate for:
[ (1) the 2021 tax year is used for the purpose of
determining additional state aid under Subsection (a); and
[ (2) the 2022 tax year is used for the purpose of
determining additional state aid under Subsection (a-1). ]
SECTION 1.24. Section 48.257, Education Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) If for any school year a school district receives an
adjustment under Subsection (b) and, after that adjustment, is no
longer subject to Subsection (a), the district is entitled to
additional state aid for that school year in an amount equal to the
lesser of:
(1) the difference, if the difference is greater than
zero, between:
(A) the amount to which the district is entitled
under Subchapters B, C, and D less the district's distribution from
the available school fund for that school year; and
(B) the district's tier one maintenance and
operations tax collections for that school year; or
(2) the sum of the district's allotments under
Sections 48.0051, 48.110, and 48.112 for that school year.
SECTION 1.25. Section 48.266, Education Code, is amended by
amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) Except as provided by this subsection and subject to
Subsection (b-1) , the commissioner shall base the determinations
under Subsection (a) on the estimates provided to the legislature
under Section 48.269, or, if the General Appropriations Act
provides estimates for that purpose, on the estimates provided
under that Act, for each school district for each school year. The
commissioner shall reduce the entitlement of each district that has
a final taxable value of property for the second year of a state
fiscal biennium that is higher than the estimate under Section
48.269 or the General Appropriations Act, as applicable. A
reduction under this subsection may not reduce the district's
entitlement below the amount to which it is entitled at its actual
taxable value of property.
(b-1) Periodically throughout the school year, the
commissioner shall adjust the determinations made under Subsection
(a) to reflect current school year estimates of a district's
enrollment and average daily attendance, as determined by the
commissioner.
SECTION 1.26. Section 48.283, Education Code, is amended to
read as follows:
Sec. 48.283. ADDITIONAL STATE AID FOR CERTAIN DISTRICTS
IMPACTED BY COMPRESSION. (a) For the 2023-2024 and 2024-2025
school years, a [ A ] school district that received an adjustment
under Section 48.257(b) for the 2022-2023 school year is entitled
to additional state aid [ for each school year ] in an amount equal to
[ the amount of that adjustment for the 2022-2023 school year less ]
the difference, if the difference is greater than zero, between:
(1) [ the amount to which the district is entitled
under this chapter for the current school year; and
[ (2) ] the amount of state and local revenue that would
have been available to [ which ] the district [ would be entitled ]
under this chapter and Chapter 49 for the 2023-2024 or 2024-2025
[ current ] school year , as applicable, if the district's maximum
compressed tax rate had not been reduced under Section 48.2555, as
added by S.B. 2, Acts of the 88th Legislature, 2nd Called Session,
2023 ; and
(2) the amount of state and local revenue available to
the district under this chapter and Chapter 49 for the 2023-2024 or
2024-2025 school year, as applicable .
(b) This section expires January 1, 2026.
SECTION 1.27. Subchapter F, Chapter 48, Education Code, is
amended by adding Sections 48.2711 and 48.284 to read as follows:
Sec. 48.2711. ADJUSTMENT FOR LOSS OF REVENUE DUE TO USE OF
STATE VALUE. (a) This section applies only to a school district:
(1) for which the state value for the district's
taxable value of property is used under Section 403.302(c),
Government Code; and
(2) in which the district's board of trustees adopts a
resolution during the school year recognizing the need for an
adjustment under this section.
(b) For each school district to which this section applies,
the agency shall determine whether the district's entitlement under
this chapter for a school year is greater if the district's taxable
value of property is:
(1) the local value; or
(2) the state value as determined by the comptroller
under Sections 403.302(a) and (b), Government Code.
(c) If the agency determines under Subsection (b) that the
school district's entitlement is greater for the applicable school
year using the local value for the district's taxable value of
property, the commissioner shall increase state aid or adjust the
limit on local revenue under Section 48.257 for the district for
that school year in an amount equal to:
(1) for the first school year in which this subsection
applies to the district, the difference between the amounts
determined under Subsection (b);
(2) for the second consecutive school year in which
this subsection applies to the district, 70 percent of the
difference between the amounts determined under Subsection (b); and
(3) for the third consecutive school year in which
this subsection applies to the district, 40 percent of the
difference between the amounts determined under Subsection (b).
(d) A school district may not receive an adjustment under
this section for more than three consecutive school years unless
the legislature specifically appropriates money for the purpose of
making adjustments under this section for the fourth or a
subsequent consecutive school year.
(e) For purposes of determining the number of consecutive
school years for which this section applies to a school district,
the commissioner may not consider a school year before the
2025-2026 school year.
(f) A school year in which the comptroller determines a
school district's local value to be valid under Section 403.302(c),
Government Code, that occurs after the district receives an
adjustment under this section is not included in calculating
consecutive school years under Subsection (c) or (d) and is not
considered a break in consecutive school years, except as provided
by Subsection (h).
(g) A school district may not receive an adjustment under
this section for a school year in which the district is determined
to be an eligible school district, as defined by Section 403.3011,
Government Code. A school year in which the district is not
eligible for an adjustment under this subsection is included in
calculating consecutive school years under Subsections (c) and (d).
(h) Except as provided by Subsection (d), a school district
that receives an adjustment under this section for three
consecutive school years is not eligible to receive an adjustment
under this section in the subsequent school year but may be again
eligible for the adjustment following two consecutive school years
for which the local value is used for the district's taxable value
of property under Section 403.302(c), Government Code.
(i) The total amount of adjustments made under this section
for a school year may not exceed $60 million.
(j) If the total amount of adjustments for which school
districts are eligible under this section for a school year exceeds
the limit under Subsection (i), the commissioner shall prioritize
school districts experiencing the greatest percentage reduction in
funding, as determined based on the difference between the amounts
determined under Subsection (b).
(k) A determination made by the commissioner under this
section is final and may not be appealed.
Sec. 48.284. ADDITIONAL STATE AID FOR REGIONAL INSURANCE
COST DIFFERENTIALS. (a) This section applies to a school district
or open-enrollment charter school that owns or leases real property
located in an area served by a regional education service center for
Region 1, 2, 3, 4, or 5, as those regions existed on September 1,
2024.
(b) A school district or open-enrollment charter school to
which this section applies is entitled to additional state aid for
each school year equal to $55, or a greater amount provided by
appropriation, per student in average daily attendance for the
increased cost incurred by the district or school for expenses
related to maintaining property and casualty insurance.
SECTION 1.28. Sections 12.106(a-4) and 48.2542, Education
Code, are repealed.
SECTION 1.29. Immediately following the effective date of
this Act, a school district or open-enrollment charter school shall
redesignate a teacher who holds a designation made under Section
21.3521, Education Code, before the effective date of this Act, to
reflect the teacher's designation under Section 21.3521, Education
Code, as amended by this article. Funding provided to a school
district under Section 48.112, Education Code, as amended by this
article, for a teacher who held a designation made under Section
21.3521, Education Code, as that section existed immediately before
the effective date of this Act, shall be increased to reflect the
teacher's redesignation under Section 21.3521, Education Code, as
amended by this article.
SECTION 1.30. Not later than September 1, 2026, the
commissioner of education shall post on the Texas Education
Agency's Internet website the initial list of enhanced teacher
incentive allotment schools required by Section 21.3521(d-3),
Education Code, as added by this article.
ARTICLE 2. TEACHER PREPARATION AND CHANGES RELATED TO EMPLOYEES
SECTION 2.01. Section 12A.004(a), Education Code, is
amended to read as follows:
(a) A local innovation plan may not provide for the
exemption of a district designated as a district of innovation from
the following provisions of this title:
(1) a state or federal requirement applicable to an
open-enrollment charter school operating under Subchapter D,
Chapter 12;
(2) Subchapters A, C, D, and E, Chapter 11, except that
a district may be exempt from Sections 11.1511(b)(5) and (14) and
Section 11.162;
(3) the employment of uncertified classroom teachers
under Section 21.0032;
(4) parental notification requirements under Section
21.057;
(5) state curriculum and graduation requirements
adopted under Chapter 28; and
(6) [ (4) ] academic and financial accountability and
sanctions under Chapters 39 and 39A.
SECTION 2.02. Section 19.007(g), Education Code, is amended
to read as follows:
(g) In addition to other amounts received by the district
under this section, the district is entitled to :
(1) state aid in the amount necessary to fund the
salary increases required by Section 19.009(d-2) ; and
(2) the preparing and retaining educators through
preservice partnership program allotment under Section 48.157 .
SECTION 2.03. Section 21.001, Education Code, is amended by
adding Subdivision (3-b) to read as follows:
(3-b) "Teacher of record" means a person employed by a
school district who teaches the majority of the instructional day
in an academic instructional setting and is responsible for
evaluating student achievement and assigning grades.
SECTION 2.04. Subchapter A, Chapter 21, Education Code, is
amended by adding Section 21.0032 to read as follows:
Sec. 21.0032. EMPLOYMENT OF UNCERTIFIED CLASSROOM
TEACHERS. (a) A school district may not employ as a classroom
teacher for a course in the foundation curriculum under Section
28.002 a person who does not hold an appropriate certificate or
permit issued by the State Board for Educator Certification under
Subchapter B.
(b) Notwithstanding Subsection (a), for the 2026-2027
school year, a school district may employ as a teacher of record for
a course other than a reading language arts or mathematics course in
a grade level above grade five a person who does not hold an
appropriate certificate or permit issued by the State Board for
Educator Certification under Subchapter B.
(c) From money appropriated or otherwise available for the
purpose, the agency shall provide to each school district a
one-time payment of $1,000 for each classroom teacher employed by
the district who:
(1) was hired for the 2022-2023 or 2023-2024 school
year as a first-year teacher;
(2) was uncertified on January 1, 2025;
(3) earned a standard certificate under Subchapter B
by the end of the 2025-2026 school year; and
(4) was continuously employed by the district since
the school year described by Subdivision (1).
(d) This subsection and Subsections (b) and (c) expire
September 1, 2027.
SECTION 2.05. Subchapter A, Chapter 21, Education Code, is
amended by adding Section 21.010 to read as follows:
Sec. 21.010. TEACHER POSITION DATA COLLECTION. The agency
shall collect data from school districts and open-enrollment
charter schools for the recruitment and retention of classroom
teachers, including the classification, grade level, subject area,
duration, and other relevant information regarding vacant teaching
positions in a district or school. The data may be collected using
the Public Education Information Management System (PEIMS) or
another reporting mechanism specified by the agency.
SECTION 2.06. Section 21.041, Education Code, is amended by
adding Subsection (e) to read as follows:
(e) A rule proposed by the board under this section relating
to educator preparation is not subject to Section 2001.0045,
Government Code.
SECTION 2.07. Subchapter B, Chapter 21, Education Code, is
amended by adding Sections 21.0411, 21.0412, 21.04421, 21.04422,
and 21.04423 to read as follows:
Sec. 21.0411. WAIVER OR PAYMENT OF CERTAIN EXAMINATION AND
CERTIFICATION FEES. (a) Notwithstanding a rule adopted under
Section 21.041(c), the board shall, for a person applying for a
certification in special education, bilingual education, or
another area specified by the General Appropriations Act, waive:
(1) a certification examination fee imposed by the
board for the first administration of the examination to the
person; and
(2) a fee associated with the application for
certification by the person.
(b) The board shall pay to a vendor that administers a
certification examination described by Subsection (a) a fee
assessed by that vendor for the examination of a person applying for
a certification described by Subsection (a) for the first
administration of the examination to the person.
Sec. 21.0412. TYPES OF TEACHING CERTIFICATES. (a) In
proposing rules specifying the types of teaching certificates to be
issued under this subchapter, the board shall provide for a
candidate to be issued:
(1) a standard certificate if the candidate satisfies
all traditional teacher preparation requirements under Section
21.04421;
(2) a residency standard certificate if the candidate
satisfies all requirements of the teacher residency standard
preparation route established under Section 21.04422;
(3) an intern with preservice experience certificate,
which expires one year after issuance unless modified by the board,
if the candidate has yet to satisfy all requirements for
certification for a preservice alternative teacher preparation
route established under Section 21.04423(1) but has completed a
sufficient number of preservice practice hours to serve as a
teacher of record; and
(4) an intern certificate, which expires two years
after issuance unless modified by the board, if the candidate has
yet to satisfy all requirements for certification for an
alternative teacher preparation route established under Section
21.04423(2) but has met all board requirements to serve as a teacher
of record.
(b) Rules proposed under Subsection (a)(2) may not require a
candidate to pass a pedagogy examination unless the examination
tests subject-specific content appropriate for the grade level and
subject area for which the candidate seeks certification.
(c) A candidate for a certification described by Subsection
(a) must meet all other requirements imposed under this subchapter
or board rule applicable to the candidate's certification.
(d) This section does not prohibit the board from proposing
rules that provide for certifications other than the certifications
described by Subsection (a), including specialized certifications
and other types and classes of certifications.
Sec. 21.04421. TRADITIONAL TEACHER PREPARATION. (a) In
proposing rules under this subchapter regarding training
requirements for a candidate seeking certification through a
traditional teacher preparation route in which a candidate may
concurrently receive an undergraduate or master's degree and a
certification to teach a subject area at a particular grade level,
the board shall require the candidate to complete substantial
preservice practice in a prekindergarten through grade 12 classroom
that:
(1) is provided through a formal partnership between
the educator preparation program and a school district or
open-enrollment charter school; and
(2) includes practicing the skills learned from the
instruction described by Sections 21.0443(b)(3) and (4).
(b) The rules proposed under Subsection (a) must require
training to be provided synchronously. The board may approve
components of the training to be delivered asynchronously on
application by an educator preparation program.
Sec. 21.04422. TEACHER RESIDENCY STANDARD PREPARATION. (a)
The board shall propose rules under this subchapter to create a
teacher residency standard preparation route.
(b) In proposing rules for a teacher residency standard
preparation route under this section, the board must require that
the program:
(1) use research-based best practices for recruiting
and admitting candidates into the program;
(2) integrate course work, classroom practice, formal
observation, and feedback;
(3) meet the traditional teacher preparation
requirements under Section 21.04421;
(4) require a candidate to receive preservice
practice, including practice in the skills learned from the
instruction described by Sections 21.0443(b)(3) and (4), in a
prekindergarten through grade 12 classroom for at least one full
school year; and
(5) use multiple assessments to measure a candidate's
progress.
Sec. 21.04423. ALTERNATIVE TEACHER PREPARATION. In
proposing rules under this subchapter regarding training
requirements for a candidate who has previously earned a degree and
is seeking certification through an alternative teacher
preparation route, the board shall establish:
(1) a preservice alternative teacher preparation
route that meets the traditional teacher preparation requirements
under Section 21.04421; and
(2) an alternative teacher preparation route that
allows for flexibility in how a candidate may demonstrate
proficiency for certification.
SECTION 2.08. Section 21.0443, Education Code, is amended
to read as follows:
Sec. 21.0443. EDUCATOR PREPARATION PROGRAM APPROVAL AND
RENEWAL. (a) The board shall propose rules to establish
standards to govern the approval or renewal of approval of:
(1) educator preparation programs; [ and ]
(2) the teacher preparation routes established under
Sections 21.04421, 21.04422, and 21.04423; and
(3) certification fields authorized to be offered by
an educator preparation program.
(a-1) The board may review an educator preparation
program's curriculum:
(1) before the approval or renewal of approval of the
program; and
(2) at any time after the approval or renewal of the
approval of the program to ensure the program remains eligible for
approval by demonstrating that any changes to curriculum
requirements proposed by the board since the most recent review
have been incorporated into the curriculum.
(b) To be eligible for approval or renewal of approval, an
educator preparation program must:
(1) incorporate proactive instructional planning
techniques throughout course work and across content areas using a
framework that:
(A) provides flexibility in the ways:
(i) information is presented;
(ii) students respond or demonstrate
knowledge and skills; and
(iii) students are engaged;
(B) reduces barriers in instruction;
(C) provides appropriate accommodations,
supports, and challenges; and
(D) maintains high achievement expectations for
all students, including students with disabilities and students of
limited English proficiency;
(2) integrate inclusive practices for all students,
including students with disabilities, and evidence-based
instruction and intervention strategies throughout course work,
clinical experience, and student teaching;
(3) incorporate the instructional materials and
training developed under Section 21.067;
(4) if applicable and approved by the agency for the
grade and subject area for which the program provides instruction,
incorporate the literacy achievement academies and mathematics
achievement academies under Sections 21.4552 and 21.4553;
(5) ensure that instruction described by Subdivisions
(3) and (4) is delivered by a person approved by the agency to
provide the instruction;
(6) ensure that the program and the program's
administrators, instructors, and other employees comply with
Section 28.0022 as if:
(A) the program were a school district;
(B) the program's administrators, instructors,
and other employees are administrators, teachers, or other
employees of a school district, as applicable; and
(C) candidates in the program were students of a
school district;
(7) adequately prepare candidates for educator
certification; and
(8) [ (4) ] meet the standards and requirements of the
board.
(b-1) The board by rule shall designate the components of a
literacy achievement academy or mathematics achievement academy
under Section 21.4552 or 21.4553, as applicable, that may be
completed after receiving an intern with preservice experience
certificate under Section 21.0412.
(c) The board shall require that each educator preparation
program be reviewed for renewal of approval at least every five
years. The board may require each educator preparation program to
be reviewed for renewal of approval at least annually. The board
shall adopt an evaluation process to be used in reviewing an
educator preparation program for renewal of approval.
(d) In adopting the evaluation process under Subsection
(c), the board shall consider including:
(1) quality indicators that reflect effective program
practices; and
(2) measures that provide for the observation of
program practices to ensure program quality.
SECTION 2.09. Subchapter B, Chapter 21, Education Code, is
amended by adding Section 21.0456 to read as follows:
Sec. 21.0456. SANCTIONS FOR NONCOMPLIANCE. (a) The board
may impose a sanction against an educator preparation program for
noncompliance with a provision of this subchapter or a rule adopted
under this subchapter, including a rule proposed under Section
21.0443, or to address a complaint received under Section 21.0455.
A sanction under this subsection may be one or more of the actions
described by Section 21.0451(a)(2), regardless of whether a program
has been rated as accredited-probation under the Accountability
System for Educator Preparation for a period of at least one year.
(b) Any action authorized to be taken against an educator
preparation program under Subsection (a) may also be taken with
regard to a particular route or field of certification authorized
to be offered by an educator preparation program.
(c) A revocation must be effective for a period of at least
two years. After two years, the program may seek renewed approval to
prepare educators for state certification.
(d) The costs of technical assistance or the costs
associated with the appointment of a monitor shall be paid by the
educator preparation program.
SECTION 2.10. Section 21.049, Education Code, is amended to
read as follows:
Sec. 21.049. ALTERNATIVE EDUCATOR PREPARATION PROGRAMS
[ CERTIFICATION ]. (a) To provide a continuing additional source of
qualified educators, the board shall propose rules providing that
[ for ] educator certification programs may be provided by an
institution of higher education or another entity [ as an
alternative to traditional educator preparation programs ]. The
rules may not provide that a person may be certified under this
section only if there is a demonstrated shortage of educators in a
school district or subject area.
(b) The board may not require a person employed as a teacher
in an alternative education program under Section 37.008 or a
juvenile justice alternative education program under Section
37.011 for at least three years to complete an alternative educator
preparation [ certification ] program adopted under this section
before taking the appropriate certification examination.
SECTION 2.11. Section 21.057, Education Code, is amended by
adding Subsections (f) and (g) to read as follows:
(f) If the agency has developed a model notice for purposes
of this section, the superintendent must use that model to provide
the notice required under this section.
(g) A notice provided under this section, including a notice
provided in accordance with Subsection (e), must include
information regarding eligibility to participate in the public
education grant program under Section 29.202.
SECTION 2.12. Subchapter B, Chapter 21, Education Code, is
amended by adding Sections 21.066 and 21.067 to read as follows:
Sec. 21.066. TEMPORARY COMMISSIONER RULEMAKING AUTHORITY.
(a) Notwithstanding any other law, the commissioner may adopt
rules or amend, repeal, or otherwise modify a rule proposed by the
board under this subchapter to ensure the expedited implementation
of new teacher preparation routes, requirements, and certificates.
(b) Notwithstanding any other law, the commissioner shall
adopt initial rules relating to the implementation of Sections
21.0412, 21.04421, 21.04422, and 21.04423 not later than December
31, 2025.
(c) Section 21.041(e) applies to rules adopted, amended,
repealed, or otherwise modified under this section.
(d) This section expires September 1, 2028.
Sec. 21.067. EDUCATOR PREPARATION MATERIALS AND TRAINING.
(a) The commissioner shall develop and make available:
(1) instructional materials for use in educator
preparation programs under this subchapter; and
(2) training for faculty responsible for preparing
educator candidates.
(b) The materials and training developed under Subsection
(a) must:
(1) be research-based;
(2) support the development of proficiency in the
knowledge and skills specified by rules proposed under Section
21.044(a)(1); and
(3) allow for an educator candidate to demonstrate the
candidate's proficiency, including proficiency in the knowledge
and skills described by Subdivision (2).
(c) The commissioner may adopt rules as necessary to
implement this section.
SECTION 2.13. Section 21.402, Education Code, is amended by
adding Subsections (f-1), (f-2), (f-3), and (f-4) to read as
follows:
(f-1) A school district must pay to a classroom teacher with
zero years of experience who holds a certificate under Section
21.0412(a)(1), (2), or (3) a minimum salary that is greater than the
minimum salary paid to a classroom teacher with zero years of
experience who does not hold a certificate under Section
21.0412(a)(1), (2), or (3).
(f-2) The board of trustees of a school district may adopt
minimum salaries to satisfy the requirements of Subsection (f-1) as
follows:
(1) for a classroom teacher who holds a standard
certificate or intern with preservice experience certificate under
Section 21.0412(a)(1) or (3), $3,000; and
(2) for a classroom teacher who holds a residency
standard certificate under Section 21.0412(a)(2), $6,000.
(f-3) Subsection (f-1) does not apply to a stipend or other
form of compensation not included in a classroom teacher's minimum
salary under this section.
(f-4) A school district may not adopt a salary schedule that
differentiates classroom teacher salaries based solely on a
teacher's certification for teachers who have five or more years of
teaching experience.
SECTION 2.14. Subchapter I, Chapter 21, Education Code, is
amended by adding Section 21.416 to read as follows:
Sec. 21.416. EMPLOYED RETIREE EDUCATOR REIMBURSEMENT GRANT
PROGRAM. (a) From money appropriated or otherwise available, the
commissioner shall establish and administer a grant program to
reimburse a school district, an open-enrollment charter school, the
Windham School District, the Texas School for the Deaf, or the Texas
School for the Blind and Visually Impaired for the increased
contributions to the Teacher Retirement System of Texas associated
with hiring a teacher, or an educator providing special education
services, who retired before September 1, 2024.
(b) In appropriating money for grants awarded under this
section, the legislature may provide for, modify, or limit amounts
appropriated for that purpose in the General Appropriations Act,
including by:
(1) providing, notwithstanding Subsection (a), a date
or date range other than September 1, 2024, before which a teacher
or educator must have retired for a school district, an
open-enrollment charter school, the Windham School District, the
Texas School for the Deaf, or the Texas School for the Blind and
Visually Impaired to be eligible; or
(2) limiting eligibility to a district or school
described by Subdivision (1) that hires a retired teacher or
educator, as applicable:
(A) who holds a certain certification;
(B) to teach a certain subject or grade;
(C) in a certain geographical area; or
(D) to provide instruction to certain students,
including to students with disabilities.
(c) The commissioner shall proportionally reduce the amount
of money awarded to school districts, open-enrollment charter
schools, the Windham School District, the Texas School for the
Deaf, and the Texas School for the Blind and Visually Impaired under
this section if the number of grant applications by eligible
districts or schools exceeds the number of grants the commissioner
could award with the money appropriated or otherwise available for
the purpose.
(d) A school district, an open-enrollment charter school,
the Windham School District, the Texas School for the Deaf, or the
Texas School for the Blind and Visually Impaired may use money
received under this section to make required payments under Section
825.4092, Government Code.
SECTION 2.15. Section 21.4552(f), Education Code, is
amended to read as follows:
(f) From money appropriated or otherwise available for the
purpose, including an allotment under Section 48.108, a school
district shall provide to each classroom teacher who holds an
intern with preservice experience certificate under Section
21.0412(a)(3) and completes a literacy achievement academy under
this section while employed by the district a one-time payment of
$1,000 or another amount set by the agency [ This section expires
September 1, 2027 ].
SECTION 2.16. Section 21.4553(f), Education Code, is
amended to read as follows:
(f) From money appropriated or otherwise available for the
purpose, including an allotment under Section 48.108, a school
district shall provide to each classroom teacher who holds an
intern with preservice experience certificate under Section
21.0412(a)(3) and completes a mathematics achievement academy
under this section while employed by the district a one-time
payment of $500 or another amount set by the agency [ This section
expires September 1, 2027 ].
SECTION 2.17. Subchapter J, Chapter 21, Education Code, is
amended by adding Sections 21.466 and 21.467 to read as follows:
Sec. 21.466. TEACHER QUALITY ASSISTANCE. (a) From money
appropriated or otherwise available for the purpose, the agency
shall develop training for and provide technical assistance to
school districts and open-enrollment charter schools regarding:
(1) strategic compensation, staffing, and scheduling
efforts that improve professional growth, teacher leadership
opportunities, and staff retention;
(2) programs that encourage high school students or
other members of the community in the area served by the district to
become teachers, including available teacher apprenticeship
programs; and
(3) programs or strategies that school leaders may use
to establish clear and attainable behavior expectations while
proactively supporting students.
(b) From money appropriated or otherwise available for the
purpose, the agency shall provide grants to school districts and
open-enrollment charter schools to implement initiatives developed
under this section.
Sec. 21.467. TEACHER TIME STUDY. (a) From money
appropriated or otherwise available for the purpose, the agency
shall develop and maintain a technical assistance program to
support school districts and open-enrollment charter schools in:
(1) studying how the district's or school's staff and
student schedules, required noninstructional duties for classroom
teachers, and professional development requirements for educators
are affecting the amount of time classroom teachers work each week;
and
(2) refining the schedules for students or staff as
necessary to ensure teachers have sufficient time during normal
work hours to fulfill all job duties, including addressing the
needs of students.
(b) The agency shall periodically make findings and
recommendations for best practices publicly available using
information from participating school districts and
open-enrollment charter schools.
SECTION 2.18. Chapter 21, Education Code, is amended by
adding Subchapter R to read as follows:
SUBCHAPTER R. PREPARING AND RETAINING EDUCATORS THROUGH PRESERVICE
PARTNERSHIP PROGRAM
Sec. 21.901. DEFINITIONS. In this subchapter:
(1) "Alternative partnership program" means the
Alternative Preservice Partnership Program established under
Section 21.905.
(2) "Board" means the State Board for Educator
Certification.
(3) "Cooperating teacher" means a classroom teacher
who:
(A) has at least three full school years of
teaching experience with a superior record of assisting students in
achieving improvement in student performance;
(B) is employed by a school district or
open-enrollment charter school participating in a preservice
partnership program under this subchapter and paired with a teacher
candidate at the district or school; and
(C) provides coaching to a teacher candidate in
the teacher's classroom.
(4) "Grow your own partnership program" means the Grow
Your Own Partnership Program established under Section 21.906.
(5) "Mentor teacher" means a mentor teacher as
described by Section 21.458.
(6) "Preservice partnership program" means the
Preparing and Retaining Educators through Preservice Partnership
Program established under Section 21.902.
(7) "Residency partnership program" means the
Residency Preservice Partnership Program established under Section
21.904.
(8) "Teacher candidate" means a person enrolled in an
educator preparation program participating in a program under the
preservice partnership program.
(9) "Traditional partnership program" means the
Traditional Preservice Partnership Program established under
Section 21.903.
Sec. 21.902. PREPARING AND RETAINING EDUCATORS THROUGH
PRESERVICE PARTNERSHIP PROGRAM. (a) The commissioner shall
establish the Preparing and Retaining Educators through Preservice
Partnership Program to enable educator preparation programs to form
partnerships with school districts and open-enrollment charter
schools to provide preservice practice opportunities in a
prekindergarten through grade 12 classroom for teacher candidates
at the district or school through the traditional partnership
program, the residency partnership program, or the alternative
partnership program.
(b) A preservice partnership program must be designed to:
(1) allow teacher candidates to receive field-based
experience working with cooperating teachers in prekindergarten
through grade 12 classrooms; and
(2) gradually increase the amount of time a teacher
candidate spends engaging in instructional responsibilities,
including observation, co-teaching, and lead-teaching
responsibilities.
(c) A school district or open-enrollment charter school
participating in a preservice partnership program shall:
(1) enter into a written agreement with an approved
educator preparation program to:
(A) provide a teacher candidate with clinical
teaching opportunities at the district or school in the subject
area and grade level for which the candidate seeks certification;
and
(B) pair the teacher candidate with a cooperating
teacher who has successfully completed a training program for
cooperating teachers that, if required by the agency, must be
established or adopted by the agency;
(2) use money received under Section 48.157 only to
implement the preservice partnership program;
(3) ensure that a teacher candidate is mentored by a
mentor teacher who has completed mentorship training under Section
21.907 for the candidate's first two years as a teacher of record
after completing a preservice partnership program; and
(4) provide any information required by the agency
regarding the district's or school's implementation of a preservice
partnership program.
(d) A school district or open-enrollment charter school may
only pair a teacher candidate with a cooperating teacher who agrees
to participate in that role in a preservice partnership program at
the district or school.
(e) A teacher candidate may not be employed by a school
district or open-enrollment charter school as a teacher while
completing preservice practice hours.
Sec. 21.903. TRADITIONAL PRESERVICE PARTNERSHIP PROGRAM.
(a) The commissioner shall establish the Traditional Preservice
Partnership Program as a preservice partnership program to enable
educator preparation programs that meet the traditional teacher
preparation requirements under Section 21.04421 to form
partnerships with school districts or open-enrollment charter
schools to help prepare candidates for a standard certificate.
(b) The program must be designed to:
(1) meet the requirements of a preservice partnership
program under Section 21.902; and
(2) allow a teacher candidate to satisfy the
traditional teacher preparation requirements under Section
21.04421.
(c) A school district or open-enrollment charter school
participating in the traditional partnership program shall use
money received under Section 48.157(b)(1) only to provide
compensation to:
(1) teacher candidates for preservice practice hours
at the district or school in an amount of at least $3,000 for
salary; and
(2) cooperating teachers who are paired with teacher
candidates at the district or school in an amount of at least
$1,000.
(d) In addition to the amount provided by Subsection (c)(1),
a school district shall provide compensation to teacher candidates
in any amount above the amount provided by that subdivision for
salary using money received under Section 48.157 or from any other
available source.
Sec. 21.904. RESIDENCY PRESERVICE PARTNERSHIP PROGRAM. (a)
The commissioner shall establish the Residency Preservice
Partnership Program as a preservice partnership program to enable
educator preparation programs that meet the teacher residency
standard preparation requirements under Section 21.04422 to form
partnerships with school districts or open-enrollment charter
schools to help prepare candidates for a residency standard
certificate.
(b) The program must be designed to:
(1) meet the requirements of a preservice partnership
program under Section 21.902; and
(2) allow a teacher candidate to satisfy the teacher
residency standard preparation requirements under Section
21.04422.
(c) A school district or open-enrollment charter school
participating in the residency partnership program shall use money
received under Section 48.157(b)(2) only to provide compensation
to:
(1) teacher candidates for preservice practice hours
at the district or school in an amount of at least $10,000 for
salary; and
(2) cooperating teachers who are paired with teacher
candidates at the district or school in an amount of at least
$2,000.
(d) In addition to the amount provided by Subsection (c)(1),
a school district shall provide compensation to teacher candidates
in an amount of at least $10,000 for salary using money received
under Section 48.157 or from any other available source.
(e) For the 2025-2026 school year, an educator preparation
program is not required to incorporate the instruction described by
Sections 21.0443(b)(3) and (4) to be eligible to participate in a
residency partnership program. This subsection expires September
1, 2026.
Sec. 21.905. ALTERNATIVE PRESERVICE PARTNERSHIP PROGRAM.
(a) The commissioner shall establish the Alternative Preservice
Partnership Program as a preservice partnership program to enable
educator preparation programs that meet the preservice alternative
teacher preparation requirements under Section 21.04423 to form
partnerships with school districts or open-enrollment charter
schools to help prepare candidates for an intern with preservice
experience certificate or standard certificate.
(b) The program must be designed to:
(1) meet the requirements of a preservice partnership
program under Section 21.902; and
(2) allow a teacher candidate to satisfy the
preservice alternative teacher preparation requirements under
Section 21.04423.
(c) A school district or open-enrollment charter school
participating in the alternative partnership program shall use
money received under Section 48.157(b)(3) only to provide
compensation to:
(1) teacher candidates for preservice practice hours
at the district or school in an amount of at least $3,000 for
salary; and
(2) cooperating teachers who are paired with teacher
candidates at the district or school in an amount of at least
$1,000.
(d) In addition to the amount provided by Subsection (c)(1),
a school district shall provide compensation to teacher candidates
in any amount above the amount provided by that subdivision for
salary using money received under Section 48.157 or from any other
available source.
Sec. 21.906. GROW YOUR OWN PARTNERSHIP PROGRAM. (a) The
commissioner shall establish the Grow Your Own Partnership Program
to enable educator preparation programs, as determined by the
commissioner, to form partnerships with school districts or
open-enrollment charter schools to establish innovative staffing
pipelines to ensure the availability of high-quality educators to
benefit future district or school students.
(b) The grow your own partnership program must be designed
to form partnerships that support:
(1) high school students in completing career and
technical education courses that help prepare the students to
become classroom teachers; or
(2) district or school employees who do not hold a
teaching certificate in completing an associate degree or the first
60 hours of a bachelor's degree to enable the person to become a
classroom teacher while employed by the district or school.
(c) A school district or open-enrollment charter school may
participate in a grow your own partnership program only if the
district or school has been approved to participate in a preservice
partnership program.
(d) A school district or open-enrollment charter school
participating in the grow your own partnership program shall:
(1) for a partnership described by Subsection (b)(1),
provide:
(A) authentic opportunities, which may be paid or
unpaid, for students to practice teaching under the supervision of
a cooperating teacher; and
(B) guidance and other transition supports as a
student begins an undergraduate degree program that offers a route
to teacher preparation;
(2) for a partnership described by Subsection (b)(2),
provide for a district or school employee:
(A) scheduled release time to complete an
associate degree or the first 60 hours of a bachelor's degree;
(B) authentic opportunities to practice teaching
under the supervision of a cooperating teacher;
(C) on-the-job training aligned with the
standards for educator certification established by the board;
(D) a job assignment that includes instructional
support for students enrolled in the district or school;
(E) guidance and other transition supports as the
employee begins a program to satisfy the teacher preparation
requirements under Section 21.04421, 21.04422, or 21.04423; and
(F) to enter into a written agreement with an
institution of higher education;
(3) require an employee participating in a partnership
described by Subsection (b)(2) to, as a condition for
participation, complete an educator preparation program within two
years of completion of an associate degree or the first 60 hours of
a bachelor's degree; and
(4) provide any information required by the agency
regarding the district's or school's implementation of the grow
your own partnership program.
(e) A school district or open-enrollment charter school may
use money received under Section 48.157 to implement the grow your
own partnership program and pay tuition and fees for students or
employees participating in the program.
(f) A school district or open-enrollment charter school may
only pair a student or employee participating in the program with a
cooperating teacher who agrees to participate in that role in a grow
your own partnership program at the district or school.
(g) A student or employee participating in the program may
not serve as a teacher of record.
Sec. 21.907. PREPARING AND RETAINING EDUCATORS THROUGH
PARTNERSHIP MENTORSHIP PROGRAM. (a) The commissioner shall
establish a preparing and retaining educators through partnership
mentorship program through which participating school districts
implement a mentoring program that meets the requirements of
Section 21.458 for classroom teachers who have less than two years
of teaching experience.
(b) A school district participating in the program must
require a classroom teacher who serves as a mentor teacher to
annually complete a training program for mentor teachers
established or adopted by the agency.
(c) A school district shall use money received under Section
48.157(b)(5) only to provide stipends for mentor teachers in an
amount of at least $1,000.
(d) If any money remains after providing a stipend to mentor
teachers in accordance with Subsection (c), the district may use
that money to provide:
(1) scheduled release time for mentor teachers and
classroom teachers being mentored to meet and engage in mentoring
activities; and
(2) support for mentor teachers through mentor
training and strategic staffing training.
Sec. 21.908. AGENCY SUPPORT. The agency shall provide
technical assistance, planning, and support to school districts,
open-enrollment charter schools, and educator preparation
programs, which must include:
(1) providing model forms and agreements a district,
school, or educator preparation program may use to comply with the
requirements of this subchapter;
(2) support for district and school strategic staffing
and compensation models to incentivize participation in a
partnership program;
(3) support for district, school, and educator
preparation program partners in implementing strong partnership
practices, including through participation in the grow your own
partnership program, and providing high-quality mentorship as
required under this subchapter; and
(4) support for educator preparation programs in
implementing the partnership programs under this subchapter.
Sec. 21.909. AUTHORITY TO ACCEPT CERTAIN MONEY. The
commissioner may solicit and accept gifts, grants, and donations
from public and private entities to use for the purposes of this
subchapter.
Sec. 21.910. RULES. The commissioner shall adopt rules as
necessary to implement this subchapter.
SECTION 2.19. Section 29.202(a), Education Code, is amended
to read as follows:
(a) A student is eligible to receive a public education
grant or to attend another public school in the district in which
the student resides under this subchapter if the student is
assigned to :
(1) attend a public school campus assigned an
unacceptable performance rating that is made publicly available
under Section 39.054 ; or
(2) a classroom teacher or substitute teacher who does
not hold an appropriate certification under Subchapter B, Chapter
21, as a teacher of record in a course in the foundation curriculum
under Section 28.002(a)(1) for more than 30 instructional days .
SECTION 2.20. Section 29.204, Education Code, is amended to
read as follows:
Sec. 29.204. NOTIFICATION. (a) Not later than January 1
of each year the commissioner shall, based on the most recent
information available, provide notice to each school district in
which a campus described by Section 29.202(a)(1) [ 29.202 ] is
located that:
(1) identifies each campus in the district that meets
the description in Section 29.202(a)(1) [ 29.202 ]; and
(2) informs the district that the district must comply
with Subsection (b).
(b) Not later than February 1 of each year, a school
district shall notify the parent of each student in the district
assigned to attend a campus described by Section 29.202(a)(1)
[ 29.202 ] that the student is eligible for a public education grant.
The notice must contain a clear, concise explanation of the public
education grant program and of the manner in which the parent may
obtain further information about the program.
SECTION 2.21. Subchapter D, Chapter 48, Education Code, is
amended by adding Section 48.157 to read as follows:
Sec. 48.157. PREPARING AND RETAINING EDUCATORS THROUGH
PRESERVICE PARTNERSHIP PROGRAM ALLOTMENT. (a) In this section,
"teacher candidate" has the meaning assigned by Section 21.901.
(b) Subject to Subsections (f) and (g), a school district is
entitled to an annual allotment equal to each of the following
applicable amounts:
(1) for each teacher candidate completing preservice
practice hours at the district under Section 21.903, the sum of:
(A) $10,000; and
(B) the high needs and rural factor, as
determined under Subsection (c), multiplied by $2,000;
(2) for each teacher candidate completing preservice
practice hours at the district under Section 21.904, the sum of:
(A) $24,000; and
(B) the high needs and rural factor, as
determined under Subsection (c), multiplied by $3,000;
(3) for each teacher candidate completing preservice
practice hours at the district under Section 21.905, the sum of:
(A) $10,000; and
(B) the high needs and rural factor, as
determined under Subsection (c), multiplied by $2,000;
(4) for each district employee participating in a
partnership described by Section 21.906(b)(2), the sum of:
(A) $8,000; and
(B) the high needs and rural factor, as
determined under Subsection (c), multiplied by $1,000; and
(5) for each classroom teacher being mentored under
the preparing and retaining educators through partnership
mentorship program established under Section 21.907, $3,000.
(c) The high needs and rural factor is the lesser of:
(1) the average of the point value assigned to each
student at a district campus under Sections 48.112(e) and (f); or
(2) 4.0.
(d) In addition to the funding under Subsection (b), a
district is entitled to an additional $2,000 for each teacher
candidate described by Subsection (b)(1), (2), or (3) who is a
candidate for certification in bilingual education or special
education.
(e) The Texas School for the Deaf and the Texas School for
the Blind and Visually Impaired are entitled to an allotment under
this section. If the commissioner determines that assigning point
values under Subsection (c) to students enrolled in the Texas
School for the Deaf or the Texas School for the Blind and Visually
Impaired is impractical, the commissioner may use the average point
value assigned for those students' home districts for purposes of
calculating the high needs and rural factor.
(f) Unless a greater number of individuals is provided for
by appropriation for that school year, a school district may
receive an allotment for a school year for not more than:
(1) 40 individuals under each of Subsections (b)(2),
(4), and (5); and
(2) a total of 80 individuals under Subsections (b)(1)
and (3).
(g) For purposes of offsetting tuition, fees, and
administrative costs, using money to which a school district is
otherwise entitled under Subsection (b), the commissioner shall
provide to a teacher candidate's educator preparation program each
of the following applicable amounts and reduce the district's
allotment under that subsection accordingly:
(1) $5,000 for each teacher candidate who completed a
partnership program under Section 21.903 who obtains a standard
certificate and has completed one year of employment with the
district;
(2) $10,000 for each teacher candidate who completed a
partnership program under Section 21.904 who obtains a residency
standard certificate and has completed one year of employment with
the district; and
(3) $2,500 for each teacher candidate participating in
the alternative preservice partnership program under Section
21.905 who holds an intern with preservice experience certificate
or intern certificate.
(h) The agency shall provide:
(1) $4,000 of the money the school district is
entitled to receive under Subsection (b)(1) only on a teacher
candidate's successful completion of the requirements of a
partnership program under Section 21.903 by the deadline
established by the agency;
(2) $12,000 of the money the school district is
entitled to receive under Subsection (b)(2) only on a teacher
candidate's successful completion of the requirements of a
partnership program under Section 21.904 by the deadline
established by the agency;
(3) $4,000 of the money the school district is
entitled to receive under Subsection (b)(3) only on a district
employee's successful completion of the requirements of a
partnership program under Section 21.905 by the deadline
established by the agency and issuance of an intern with preservice
experience certificate; and
(4) 50 percent of the money the school district is
entitled to receive under Subsection (b)(4) only on a district
employee's successful completion of the requirements of a
partnership program described by Section 21.906(b)(2) by the
deadline established by the agency.
SECTION 2.22. Subchapter G, Chapter 48, Education Code, is
amended by adding Section 48.310 to read as follows:
Sec. 48.310. ALLOTMENT FOR COMPLETION OF TEACHER LITERACY
OR MATHEMATICS ACHIEVEMENT ACADEMIES. An educator preparation
program that offers a teacher preparation route described by
Section 21.04421, 21.04422, or 21.04423(1) is entitled to an annual
allotment for each teacher candidate who completes a literacy
achievement academy or mathematics achievement academy under
Section 21.4552 or 21.4553 approved by the agency for the purpose in
the amount of:
(1) $1,000, or a greater amount set by appropriation
for that school year, for the completion of a literacy achievement
academy; or
(2) $500, or a greater amount set by appropriation for
that school year, for the completion of a mathematics achievement
academy.
SECTION 2.23. (a) The following provisions of the
Education Code are repealed:
(1) Section 21.051(a);
(2) Subchapter Q, Chapter 21; and
(3) Section 48.114.
(b) Section 825.4092(f), Government Code, is repealed.
SECTION 2.24. Section 12A.004(a), Education Code, as
amended by this article, applies to each local innovation plan
adopted under Chapter 12A, Education Code, regardless of whether
the plan was adopted before, on, or after the effective date of this
article. A local innovation plan adopted or renewed before the
effective date of this article must comply with Section 12A.004(a),
Education Code, as amended by this article, not later than
September 1, 2025.
SECTION 2.25. (a) The State Board for Educator
Certification, in collaboration with the commissioner of
education, shall develop a transition plan to implement changes
related to educator preparation programs under this article.
(b) The transition plan developed under Subsection (a) of
this section shall, to the greatest extent possible, align changes
related to educator preparation programs under this article with:
(1) available funding; and
(2) available support for teacher candidates and
educator preparation programs under the Preparing and Retaining
Educators through Preservice Partnership Program under Subchapter
R, Chapter 21, Education Code, as added by this article.
(c) The transition plan must identify how to apply changes
to requirements for educator preparation programs to cohorts of
candidates seeking certification under Chapter 21, Education Code,
as amended by this article, after the effective date of that
chapter.
(d) The changes made by this article to educator preparation
programs apply beginning January 1, 2026.
ARTICLE 3. SPECIAL EDUCATION
SECTION 3.01. Section 7.021(b)(10), Education Code, is
amended to read as follows:
(10) The agency shall carry out duties assigned under
Section 30.002 concerning children who have visual impairments, are
deaf or hard of hearing, or are deaf-blind [ with visual
impairments ].
SECTION 3.02. Section 7.055(b)(25), Education Code, is
amended to read as follows:
(25) The commissioner shall develop a system to
distribute to school districts or regional education service
centers a special supplemental allowance for students with visual
impairments as required under Section 30.0021 [ 30.002 ].
SECTION 3.03. Section 8.051(d), Education Code, is amended
to read as follows:
(d) Each regional education service center shall maintain
core services for purchase by school districts and campuses. The
core services are:
(1) training and assistance in:
(A) teaching each subject area assessed under
Section 39.023; and
(B) providing instruction in personal financial
literacy as required under Section 28.0021;
(2) training and assistance in providing each program
that qualifies for a funding allotment under Section 48.102,
48.1021, 48.103, 48.104, 48.105, or 48.109;
(3) assistance specifically designed for a school
district or campus assigned an unacceptable performance rating
under Section 39.054;
(4) training and assistance to teachers,
administrators, members of district boards of trustees, and members
of site-based decision-making committees;
(5) assistance specifically designed for a school
district that is considered out of compliance with state or federal
special education requirements, based on the agency's most recent
compliance review of the district's special education programs; and
(6) assistance in complying with state laws and rules.
SECTION 3.04. Sections 28.025(c-7) and (c-8), Education
Code, are amended to read as follows:
(c-7) Subject to Subsection (c-8), a student who is enrolled
in a special education program under Subchapter A, Chapter 29, may
earn the distinguished level of achievement under Subsection (b-15)
or an endorsement on the student's transcript under Subsection
(c-1) by:
(1) successfully completing, with or without
modification of the curriculum:
(A) the curriculum requirements identified by
the State Board of Education under Subsection (a); [ and ]
(B) for the distinguished level of achievement,
the additional curriculum requirements prescribed under Subsection
(b-15); and
(C) for an endorsement, the additional
[ endorsement ] curriculum requirements prescribed by the State
Board of Education under Subsection (c-2); and
(2) successfully completing all curriculum
requirements for the distinguished level of achievement or that
endorsement adopted by the State Board of Education:
(A) without modification of the curriculum; or
(B) with modification of the curriculum,
provided that the curriculum, as modified, is sufficiently rigorous
as determined by the student's admission, review, and dismissal
committee and documented in the student's individualized education
program .
(c-8) For purposes of Subsection (c-7), the admission,
review, and dismissal committee of a student in a special education
program under Subchapter A, Chapter 29, shall determine whether the
student is required to achieve satisfactory performance on an
end-of-course assessment instrument to earn the distinguished
level of achievement or an endorsement on the student's transcript.
SECTION 3.05. Section 29.001, Education Code, is amended to
read as follows:
Sec. 29.001. IMPLEMENTATION OF SPECIAL EDUCATION
LAW [ STATEWIDE PLAN ]. (a) As the state education agency
responsible for carrying out the purposes of Part B, Individuals
with Disabilities Education Act (20 U.S.C. Section 1411 et seq.),
the [ The ] agency shall develop, and revise [ modify ] as necessary, a
comprehensive system to ensure statewide and local compliance
[ design, consistent ] with federal and state law related to special
education [ , for the delivery of services to children with
disabilities in this state that includes rules for the
administration and funding of the special education program so that
a free appropriate public education is available to all of those
children between the ages of three and 21 ].
(b) The comprehensive system must [ statewide design shall ]
include the provision of services primarily through school
districts and shared services arrangements, supplemented by
regional education service centers.
(c) The comprehensive system must focus on maximizing
student outcomes and include [ agency shall also develop and
implement a statewide plan with programmatic content that includes
procedures designed to ]:
(1) rulemaking, technical assistance, guidance
documents, monitoring protocols, data elements necessary for
statewide reporting, and other resources as necessary to implement
and ensure compliance with federal and state law related to special
education [ ensure state compliance with requirements for
supplemental federal funding for all state-administered programs
involving the delivery of instructional or related services to
students with disabilities ];
(2) the facilitation of [ facilitate ] interagency
coordination when other state agencies are involved in the delivery
of instructional or related services to students with disabilities;
(3) the pursuit of [ periodically assess statewide
personnel needs in all areas of specialization related to special
education and pursue ] strategies to meet statewide special
education and related services personnel [ those ] needs [ through a
consortium of representatives from regional education service
centers, local education agencies, and institutions of higher
education and through other available alternatives ];
(4) ensuring [ ensure ] that regional education service
centers throughout the state maintain a regional support function,
which may include procedures for service centers to assist school
districts in identifying existing public or private educational or
related services in each region, cooperatively developing programs
for students with disabilities, providing to or obtaining for
school districts special equipment, delivering services, and
facilitating [ direct service delivery and a component designed to
facilitate ] the placement of students with disabilities who cannot
be appropriately served in their resident districts;
(5) [ allow the agency to ] effectively monitoring
[ monitor ] and periodically conducting [ conduct ] site visits of all
school districts to ensure that rules adopted under this subchapter
[ section ] are applied in a consistent and uniform manner, to ensure
that districts are complying with those rules, and to ensure that
annual statistical reports filed by the districts and not otherwise
available through the Public Education Information Management
System under Sections 48.008 and 48.009 are accurate and complete;
and
(6) the provision of training and technical assistance
to ensure that :
(A) appropriately trained personnel are involved
in the diagnostic and evaluative procedures operating in all
districts and that those personnel routinely serve on district
multidisciplinary evaluation teams and admissions, review, and
dismissal committees;
(B) [ (7) ensure that ] an individualized
education program for each student with a disability is properly
developed, implemented, and maintained in the least restrictive
environment that is appropriate to meet the student's educational
needs;
(C) appropriately trained personnel are
available to students with disabilities who have significant
behavioral support needs, including by requiring behavioral
support training programs for each paraprofessional or teacher
placed in a classroom or other setting that is intended to provide
specialized behavioral supports to a student with a disability, as
needed or at regular intervals as provided in the student's
individualized education program;
(D) [ (8) ensure that, ] when appropriate, each
student with a disability is provided an opportunity to participate
in career and technology and physical education classes[ , in
addition to participating in regular or special classes ];
(E) [ (9) ensure that ] each student with a
disability is provided necessary related services;
(F) school districts have an opportunity to
request technical assistance from the agency or a regional
education service center in establishing classroom environments
conducive to learning for students with disabilities, including
environments for students whose data indicate behavior that
significantly impedes the student's own learning and the learning
of other students;
(G) [ (10) ensure that ] an individual assigned
to act as a surrogate parent for a child with a disability, as
provided by 20 U.S.C. Section 1415(b), is required to:
(i) [ (A) ] complete a training program that
complies with minimum standards established by agency rule;
(ii) [ (B) ] visit the child and the child's
school;
(iii) [ (C) ] consult with persons involved
in the child's education, including teachers, caseworkers,
court-appointed volunteers, guardians ad litem, attorneys ad
litem, foster parents, and caretakers;
(iv) [ (D) ] review the child's educational
records;
(v) [ (E) ] attend meetings of the child's
admission, review, and dismissal committee;
(vi) [ (F) ] exercise independent judgment
in pursuing the child's interests; and
(vii) [ (G) ] exercise the child's due
process rights under applicable state and federal law; and
(H) [ (11) ensure that ] each district develops a
process to be used by a teacher who instructs a student with a
disability in a general education [ regular ] classroom setting:
(i) [ (A) ] to request a review of the
student's individualized education program;
(ii) [ (B) ] to provide input in the
development of the student's individualized education program;
(iii) [ (C) ] that provides for a timely
district response to the teacher's request; and
(iv) [ (D) ] that provides for notification
to the student's parent or legal guardian of that response.
SECTION 3.06. Subchapter A, Chapter 29, Education Code, is
amended by adding Section 29.0012 to read as follows:
Sec. 29.0012. ANNUAL MEETING ON SPECIAL EDUCATION. (a) At
least once each year, the board of trustees of a school district or
the governing body of an open-enrollment charter school shall
include during a public meeting a discussion of the performance of
students receiving special education services at the district or
school.
(b) The agency by rule shall adopt a set of performance
indicators for measuring and evaluating the quality of learning and
achievement for students receiving special education services at
the school district or open-enrollment charter school to be
considered at a meeting held under this section. The indicators
must include performance on the college, career, or military
readiness outcomes described by Section 48.110.
SECTION 3.07. Section 29.003, Education Code, is amended to
read as follows:
Sec. 29.003. ELIGIBILITY CRITERIA. (a) The agency shall
develop specific eligibility criteria based on the general
classifications established by this section and in accordance with
federal law [ with reference to contemporary diagnostic or
evaluative terminologies and techniques ]. Eligible students with
disabilities shall enjoy the right to a free appropriate public
education, which may include instruction in the general education
[ regular ] classroom, instruction through special teaching, or
instruction through contracts approved under this subchapter.
Instruction shall be supplemented by the provision of related
services when appropriate.
(b) A student is eligible to participate in a school
district's special education program [ if the student ]:
(1) from birth through [ is not more than ] 21 years of
age if the student [ and ] has a visual [ or auditory ] impairment , is
deaf or hard of hearing, or is deaf-blind and that disability
prevents the student from being adequately or safely educated in
public school without the provision of special education services;
[ or ]
(2) from three years of age through nine years of age
if the student is experiencing developmental delays as described by
20 U.S.C. Section 1401(3)(B) and defined by commissioner rule; or
(3) from 3 years of age through [ is at least three but
not more than ] 21 years of age if the student [ and ] has one or more
of the [ following ] disabilities described by 20 U.S.C. Section
1401(3)(A) and that disability prevents the student from being
adequately or safely educated in public school without the
provision of special education services[ :
[ (A) physical disability;
[ (B) intellectual or developmental disability;
[ (C) emotional disturbance;
[ (D) learning disability;
[ (E) autism;
[ (F) speech disability; or
[ (G) traumatic brain injury ].
SECTION 3.08. Sections 29.005(a), (d), and (e), Education
Code, are amended to read as follows:
(a) Before a child is enrolled in a special education
program of a school district, the district shall establish a
committee composed of the persons required under 20 U.S.C. Section
1414(d) to develop the child's individualized education program.
If a committee is required to include a general [ regular ] education
teacher, the [ regular education ] teacher included must, to the
extent practicable, be a teacher who is responsible for
implementing a portion of the child's individualized education
program.
(d) If the primary language of the child's parent is a
language other than [ is unable to speak ] English, the district
shall:
(1) provide the parent with a written or audiotaped
copy of the child's individualized education program translated
into Spanish if Spanish is the parent's primary [ native ] language;
or
(2) if the parent's primary [ native ] language is a
language other than Spanish, make a good faith effort to provide the
parent with a written or audiotaped copy of the child's
individualized education program translated into the parent's
primary [ native ] language.
(e) The commissioner by rule may require a school district
to include in the individualized education program of a student
with autism [ or another pervasive developmental disorder ] any
information or requirement determined necessary to ensure the
student receives a free appropriate public education as required
under the Individuals with Disabilities Education Act (20 U.S.C.
Section 1400 et seq.).
SECTION 3.09. Section 29.0051, Education Code, is amended
by adding Subsection (d) to read as follows:
(d) From federal money available for the purpose, the
commissioner may develop or procure the model form developed under
Subsection (a) in a digital format. If the commissioner develops or
procures the model form in a digital format, the commissioner shall
adopt rules regarding school district use of the form in that
format.
SECTION 3.10. Subchapter A, Chapter 29, Education Code, is
amended by adding Section 29.0056 to read as follows:
Sec. 29.0056. INFORMATION REGARDING STATE SUPPORTED LIVING
CENTERS. (a) In this section, "state supported living center" has
the meaning assigned by Section 531.002, Health and Safety Code.
(b) The Health and Human Services Commission, in
collaboration with the agency and stakeholders who represent the
full continuum of educational residential placement options, shall
develop and provide to the agency materials regarding educational
residential placement options for children who may qualify for
placement in a state supported living center. The agency shall make
the materials developed under this subsection available to school
districts.
(c) At a meeting of a child's admission, review, and
dismissal committee at which residential placement is discussed,
the school district shall provide to the child's parent the
materials developed under Subsection (b).
SECTION 3.11. Sections 29.006(a) and (c), Education Code,
are amended to read as follows:
(a) The governor shall appoint a continuing advisory
committee consistent with [ , composed of 17 members, under ] 20
U.S.C. Section 1412(a)(21). At least one member appointed under
this subsection must be a director of special education programs
for a school district.
(c) Members of the committee are appointed for staggered
terms of four years with the terms of half of the [ eight or nine ]
members or, for an odd number of members, half of the members
rounded down or half of the members rounded up expiring on February
1 of each odd-numbered year.
SECTION 3.12. Section 29.008, Education Code, is amended to
read as follows:
Sec. 29.008. CONTRACTS FOR SERVICES; RESIDENTIAL AND DAY
PLACEMENT PROGRAMS . (a) The commissioner shall set minimum
standards for and develop and update as necessary a list of approved
public or private facilities, institutions, agencies, or
businesses inside or outside of this state that a [ A ] school
district, shared services arrangement unit, or regional education
service center may contract with [ a public or private facility,
institution, or agency inside or outside of this state ] for the
provision of services to students with disabilities in a
residential or day placement program .
(a-1) [ Each contract for residential placement must be
approved by the commissioner. ] The commissioner may approve a
facility, institution, agency, or business under Subsection (a)
[ residential placement contract ] only after at least a programmatic
evaluation of personnel qualifications, costs, adequacy of
physical plant and equipment, and curriculum content. [ The
commissioner may approve either the whole or a part of a facility or
program. ]
(a-2) Each contract described by this section must be
approved by the commissioner. A school district, shared services
arrangement unit, or regional education service center seeking to
place a student in a residential or day placement program that is
not on the list developed under Subsection (a) must submit to the
commissioner an application for approval in accordance with
Subsections (a) and (a-1).
(b) Except as provided by Subsection (c), costs of an
approved contract for residential placement may be paid from a
combination of federal, state, and local funds. The local share of
the total contract cost for each student is that portion of the
local tax effort that exceeds the district's local fund assignment
under Section 48.256, divided by the average daily attendance in
the district. If the contract involves a private facility, the
state share of the total contract cost is that amount remaining
after subtracting the local share. If the contract involves a
public facility, the state share is that amount remaining after
subtracting the local share from the portion of the contract that
involves the costs of instructional and related services. For
purposes of this subsection, "local tax effort" means the total
amount of money generated by taxes imposed for debt service and
maintenance and operation less any amounts paid into a tax
increment fund under Chapter 311, Tax Code. This subsection
expires September 1, 2027.
(c) When a student, including one for whom the state is
managing conservator, is placed primarily for care or treatment
reasons in a private [ residential ] facility that operates its own
private education program, none of the costs may be paid from public
education funds. If a [ residential ] placement primarily for care
or treatment reasons involves a private [ residential ] facility in
which the education program is provided by the school district, the
portion of the costs that includes appropriate education services,
as determined by the school district's admission, review, and
dismissal committee, shall be paid from state and federal education
funds.
(d) A district that contracts for the provision of education
services rather than providing the services itself shall oversee
the implementation of the student's individualized education
program and shall annually reevaluate the appropriateness of the
arrangement. The reevaluation must include standards and
expectations that the student would need to meet to be reintegrated
to a regular school setting. An approved facility, institution,
[ or ] agency , or business with whom the district contracts shall
periodically report to the district and the agency on the services
the student has received or will receive in accordance with the
contract as well as diagnostic or other evaluative information that
the district or agency requires in order to fulfill its obligations
under this subchapter.
(e) The commissioner shall adopt rules for residential and
day placement of students receiving special education services.
SECTION 3.13. The heading to Section 29.009, Education
Code, is amended to read as follows:
Sec. 29.009. PUBLIC NOTICE CONCERNING EARLY CHILDHOOD
SPECIAL EDUCATION [ PRESCHOOL ] PROGRAMS [ FOR STUDENTS WITH
DISABILITIES ].
SECTION 3.14. Section 29.010, Education Code, is amended to
read as follows:
Sec. 29.010. GENERAL SUPERVISION AND COMPLIANCE. (a) The
agency shall develop [ adopt ] and implement a comprehensive system
for monitoring school district compliance with federal and state
laws relating to special education. The monitoring system must
include a comprehensive cyclical process and a targeted risk-based
process [ provide for ongoing analysis of district special education
data and of complaints filed with the agency concerning special
education services and for inspections of school districts at
district facilities ]. The agency shall establish criteria and
instruments for use in determining district compliance under this
section [ use the information obtained through analysis of district
data and from the complaints management system to determine the
appropriate schedule for and extent of the inspection ].
(a-1) As part of the monitoring system, the agency may
require a school district to obtain specialized technical
assistance for a documented noncompliance issue or if data
indicates that technical assistance is needed, such as an incident
involving injury to staff or students by a student receiving
special education services or data indicating an excessive number
of restraints are used on students receiving special education
services.
(b) As part of the monitoring process [ To complete the
inspection ], the agency must obtain information from parents and
teachers of students in special education programs in the district.
(c) The agency shall develop and implement a system of
interventions and sanctions for school districts the agency
identifies as being in noncompliance with [ whose most recent
monitoring visit shows a failure to comply with major requirements
of ] the Individuals with Disabilities Education Act (20 U.S.C.
Section 1400 et seq.), federal regulations, state statutes, or
agency requirements necessary to carry out federal law or
regulations or state law relating to special education.
(d) The agency shall establish a system of progressive
sanctions and enforcement provisions to apply to [ For ] districts
that remain in noncompliance for more than one year[ , the first
stage of sanctions shall begin with annual or more frequent
monitoring visits ]. The [ Subsequent ] sanctions must [ may ] range in
severity and may include [ up to ] the withholding of funds. If funds
are withheld, the agency may use the funds , or direct the funds to
be used, to provide, through alternative arrangements, services to
students and staff members in the district from which the funds are
withheld.
(e) The agency's complaint management division shall
develop a system for expedited investigation and resolution of
complaints concerning a district's failure to provide special
education or related services to a student eligible to participate
in the district's special education program.
[ (f) This section does not create an obligation for or
impose a requirement on a school district or open-enrollment
charter school that is not also created or imposed under another
state law or a federal law. ]
SECTION 3.15. Section 29.012(d), Education Code, is amended
to read as follows:
(d) The Texas Education Agency, the Health and Human
Services Commission, the Department of Family and Protective
Services, and the Texas Juvenile Justice Department by a
cooperative effort shall develop and [ by rule ] adopt a memorandum
of understanding. The memorandum must:
(1) establish the respective responsibilities of
school districts and of residential facilities for the provision of
a free, appropriate public education, as required by the
Individuals with Disabilities Education Act (20 U.S.C. Section 1400
et seq.) and its subsequent amendments, including each requirement
for children with disabilities who reside in those facilities;
(2) coordinate regulatory and planning functions of
the parties to the memorandum;
(3) establish criteria for determining when a public
school will provide educational services;
(4) provide for appropriate educational space when
education services will be provided at the residential facility;
(5) establish measures designed to ensure the safety
of students and teachers; and
(6) provide for binding arbitration consistent with
Chapter 2009, Government Code, and Section 154.027, Civil Practice
and Remedies Code.
SECTION 3.16. Section 29.013, Education Code, is amended to
read as follows:
Sec. 29.013. NONEDUCATIONAL COMMUNITY-BASED SUPPORT
SERVICES GRANTS FOR CERTAIN STUDENTS WITH DISABILITIES. (a) The
commissioner [ agency ] shall adopt rules establishing [ establish ]
procedures and criteria for the allocation of grants [ funds
appropriated ] under this section , using money appropriated or
otherwise available for the purpose, to students who are eligible
under Subsection (b) and the students' families [ school districts ]
for the provision of noneducational community-based support
services [ to certain students with disabilities and their families
so that those students may receive an appropriate free public
education in the least restrictive environment ].
(b) A grant [ The funds ] may be awarded under this section
[ used ] only to a student with a disability [ for eligible students
with disabilities ] who is [ would remain or would have to be ] placed
by the student's admission, review, and dismissal committee in a
residential or day placement program approved under Section 29.008
[ facilities primarily for educational reasons without the
provision of noneducational community-based support services ].
(c) The support services may not be related to the provision
of a free appropriate public education to the student and may
include in-home family support, behavioral and other
disability-related supports for the student's family, respite
care, and case management for the student's family [ families with a
student who otherwise would have been placed by a district in a
private residential facility ].
(d) A school district shall:
(1) notify the parent of a student described by
Subsection (b) of the availability of grants under this section;
and
(2) designate a campus or district staff member to
assist families of students described by Subsection (b) in
accessing grants under this section.
(e) On request by the parent of a student described by
Subsection (b), the commissioner shall create an account for the
student to access a grant under this section through which the
parent may request payment for approved support services.
(f) In adopting rules under this section, the commissioner
shall adopt rules and guidelines detailing the process to access
grant money and the amount of each grant, including a process for a
parent to apply for an increase in the grant amount.
(g) The provision of services under this section does not
supersede or limit the responsibility of a school district or other
agencies to provide or pay for costs [ of noneducational
community-based support services ] to enable any student with
disabilities to receive a free appropriate public education in the
least restrictive environment. [ Specifically, services provided
under this section may not be used for a student with disabilities
who is currently placed or who needs to be placed in a residential
facility primarily for noneducational reasons. ]
(h) The commissioner may designate a regional education
service center to administer grants under this section.
SECTION 3.17. Sections 29.014(c) and (d), Education Code,
are amended to read as follows:
(c) Notwithstanding any other provision of this code, a
student whose appropriate education program is a general [ regular ]
education program may receive services and be counted for
attendance purposes for the number of hours per week appropriate
for the student's condition if the student:
(1) is temporarily classified as eligible for
participation in a special education program because of the
student's confinement in a hospital; and
(2) the student's education is provided by a district
to which this section applies.
(d) The basic allotment for a student enrolled in a district
to which this section applies is adjusted by the tier of intensity
of service defined in accordance with [ weight for a homebound
student under ] Section 48.102 and designated by commissioner rule
for use under this section [ 48.102(a) ].
SECTION 3.18. Section 29.0162(b), Education Code, is
amended to read as follows:
(b) The commissioner by rule shall adopt additional
qualifications and requirements for a representative for purposes
of Subsection (a)(2). The rules must:
(1) prohibit an individual from being a representative
under Subsection (a)(2) opposing a school district if:
(A) the individual has prior employment
experience with the district; and
(B) the district raises an objection to the
individual serving as a representative;
(2) include requirements that the representative have
knowledge of:
(A) all special education dispute resolution
options available to parents, including due process and due process
rules, hearings, and procedure; and
(B) federal and state special education laws;
(3) require, if the representative receives monetary
compensation from a person for representation in an impartial due
process hearing, that the representative agree to abide by a
voluntary code of ethics and professional conduct during the period
of representation; and
(4) require, if the representative receives monetary
compensation from a person for representation in an impartial due
process hearing, that the representative enter into a written
agreement for representation with the person who is the subject of
the special education due process hearing that includes a process
for resolving any disputes between the representative and the
person.
SECTION 3.19. Section 29.018(b), Education Code, is amended
to read as follows:
(b) A school district is eligible to apply for a grant under
this section if:
(1) the district does not receive sufficient funds,
including state funds provided under Sections [ Section ] 48.102 and
48.1021 and federal funds, for a student with disabilities to pay
for the special education services provided to the student; or
(2) the district does not receive sufficient funds,
including state funds provided under Sections [ Section ] 48.102 and
48.1021 and federal funds, for all students with disabilities in
the district to pay for the special education services provided to
the students.
SECTION 3.20. The heading to Section 29.020, Education
Code, is amended to read as follows:
Sec. 29.020. STATE-ADMINISTERED INDIVIDUALIZED EDUCATION
PROGRAM FACILITATION [ PROJECT ].
SECTION 3.21. Sections 29.020(a) and (c), Education Code,
are amended to read as follows:
(a) The agency shall develop rules in accordance with this
section applicable to state-administered [ the administration of a
state ] individualized education program facilitation [ project ].
The program shall include the provision of an independent
individualized education program facilitator as a dispute
resolution method that may be used to avoid a potential dispute
between a school district and a parent of a student with a
disability or to facilitate an admission, review, and dismissal
committee meeting with parties who are in a dispute about decisions
relating to the provision of a free appropriate public education to
a student with a disability. Facilitation [ implemented under the
project ] must comply with rules developed under this subsection.
(c) If the commissioner determines that adequate funding is
available, the commissioner may authorize the use of federal funds
to implement [ the ] individualized education program facilitation
[ project ] in accordance with this section.
SECTION 3.22. Sections 29.022(a), (a-1), (b), (c), (c-1),
(d), (f), (h), (k), (l), (q), (s), and (t), Education Code, are
amended to read as follows:
(a) In order to promote student safety, on receipt of a
written request authorized under Subsection (a-1), a school
district or open-enrollment charter school shall provide
equipment, including a video camera, to the school or schools in the
district or the charter school campus or campuses specified in the
request. A school or campus that receives equipment as provided by
this subsection shall place, operate, and maintain one or more
video cameras in special education [ self-contained ] classrooms and
other special education settings [ in which a majority of the
students in regular attendance are provided special education and
related services and are assigned to one or more self-contained
classrooms or other special education settings for at least 50
percent of the instructional day ], provided that:
(1) a school or campus that receives equipment as a
result of the request by a parent or staff member is required to
place equipment only in classrooms or settings in which the
parent's child is in regular attendance or to which the staff member
is assigned, as applicable; and
(2) a school or campus that receives equipment as a
result of the request by a board of trustees, governing body,
principal, or assistant principal is required to place equipment
only in classrooms or settings identified by the requestor, if the
requestor limits the request to specific classrooms or settings
subject to this subsection.
(a-1) For purposes of Subsection (a):
(1) a parent of a child who receives special education
services in one or more special education [ self-contained ]
classrooms or other special education settings may request in
writing that equipment be provided to the school or campus at which
the child receives those services;
(2) a board of trustees or governing body may request
in writing that equipment be provided to one or more specified
schools or campuses at which one or more children receive special
education services in special education [ self-contained ]
classrooms or other special education settings;
(3) the principal or assistant principal of a school
or campus at which one or more children receive special education
services in special education [ self-contained ] classrooms or other
special education settings may request in writing that equipment be
provided to the principal's or assistant principal's school or
campus; and
(4) a staff member assigned to work with one or more
children receiving special education services in special education
[ self-contained ] classrooms or other special education settings
may request in writing that equipment be provided to the school or
campus at which the staff member works.
(b) A school or campus that places a video camera in a
special education classroom or other special education setting in
accordance with Subsection (a) shall operate and maintain the video
camera in the classroom or setting, as long as the classroom or
setting continues to satisfy the requirements under Subsection (a),
for the remainder of the school year in which the school or campus
received the request, unless the requestor withdraws the request in
writing. If for any reason a school or campus will discontinue
operation of a video camera during a school year, not later than the
fifth school day before the date the operation of the video camera
will be discontinued, the school or campus must notify the parents
of each student in regular attendance in the classroom or setting
that operation of the video camera will not continue unless
requested by a person eligible to make a request under Subsection
(a-1). Not later than the 10th school day before the end of each
school year, the school or campus must notify the parents of each
student in regular attendance in the classroom or setting that
operation of the video camera will not continue during the
following school year unless a person eligible to make a request for
the next school year under Subsection (a-1) submits a new request.
(c) Except as provided by Subsection (c-1), video cameras
placed under this section must be capable of:
(1) covering all areas of the special education
classroom or other special education setting, including a room
attached to the classroom or setting used for time-out; and
(2) recording audio from all areas of the special
education classroom or other special education setting, including a
room attached to the classroom or setting used for time-out.
(c-1) The inside of a bathroom or any area in the special
education classroom or other special education setting in which a
student's clothes are changed may not be visually monitored, except
for incidental coverage of a minor portion of a bathroom or changing
area because of the layout of the classroom or setting.
(d) Before a school or campus activates a video camera in a
special education classroom or other special education setting
under this section, the school or campus shall provide written
notice of the placement to all school or campus staff and to the
parents of each student attending class or engaging in school
activities in the classroom or setting.
(f) A school district or open-enrollment charter school may
solicit and accept gifts, grants, and donations from any person for
use in placing video cameras in special education classrooms or
other special education settings under this section.
(h) A school district or open-enrollment charter school may
not:
(1) allow regular or continual monitoring of video
recorded under this section; or
(2) use video recorded under this section for teacher
evaluation or for any other purpose other than the promotion of
safety of students receiving special education services in a
special education [ self-contained ] classroom or other special
education setting.
(k) The commissioner may adopt rules to implement and
administer this section, including rules regarding the special
education classrooms and other special education settings to which
this section applies.
(l) A school district or open-enrollment charter school
policy relating to the placement, operation, or maintenance of
video cameras under this section must:
(1) include information on how a person may appeal an
action by the district or school that the person believes to be in
violation of this section or a policy adopted in accordance with
this section, including the appeals process under Section 7.057;
(2) require that the district or school provide a
response to a request made under this section not later than the
seventh school business day after receipt of the request by the
person to whom it must be submitted under Subsection (a-3) that
authorizes the request or states the reason for denying the
request;
(3) except as provided by Subdivision (5), require
that a school or a campus begin operation of a video camera in
compliance with this section not later than the 45th school
business day, or the first school day after the 45th school business
day if that day is not a school day, after the request is authorized
unless the agency grants an extension of time;
(4) permit the parent of a student whose admission,
review, and dismissal committee has determined that the student's
placement for the following school year will be in a special
education classroom or other special education setting in which a
video camera may be placed under this section to make a request for
the video camera by the later of:
(A) the date on which the current school year
ends; or
(B) the 10th school business day after the date
of the placement determination by the admission, review, and
dismissal committee; and
(5) if a request is made by a parent in compliance with
Subdivision (4), unless the agency grants an extension of time,
require that a school or campus begin operation of a video camera in
compliance with this section not later than the later of:
(A) the 10th school day of the fall semester; or
(B) the 45th school business day, or the first
school day after the 45th school business day if that day is not a
school day, after the date the request is made.
(q) The agency shall collect through the Public Education
Information Management System (PEIMS) data relating to requests
made under this section and actions taken by a school district or
open-enrollment charter school in response to a request, including
the number of requests made, authorized, and denied.
(s) This section applies to the placement, operation, and
maintenance of a video camera in a special education
[ self-contained ] classroom or other special education setting
during the regular school year and extended school year services.
(t) A video camera placed under this section is not required
to be in operation for the time during which students are not
present in the special education classroom or other special
education setting.
SECTION 3.23. Sections 29.022(u)(3) and (4), Education
Code, are amended to read as follows:
(3) "Special education classroom or other special
education setting" means a classroom or setting primarily used for
delivering special education services to students who spend on
average less than 50 percent of an instructional day in a general
education classroom or setting [ "Self-contained classroom" does
not include a classroom that is a resource room instructional
arrangement under Section 48.102 ].
(4) "Staff member" means a teacher, related service
provider, paraprofessional, counselor, or educational aide
assigned to work in a special education [ self-contained ] classroom
or other special education setting.
SECTION 3.24. Subchapter A, Chapter 29, Education Code, is
amended by adding Sections 29.023, 29.024, 29.025, and 29.026 to
read as follows:
Sec. 29.023. GRANT PROGRAM PROVIDING SERVICES TO STUDENTS
WITH AUTISM. (a) The commissioner shall establish a program to
award grants to school districts and open-enrollment charter
schools that provide innovative services to students with autism.
(b) A school district, including a school district acting
through a district charter issued under Subchapter C, Chapter 12,
and an open-enrollment charter school, including a charter school
that primarily serves students with disabilities, as provided under
Section 12.1014, may apply for a grant under this section.
(c) A program is eligible for a grant under this section if
the program:
(1) incorporates:
(A) evidence-based and research-based design;
(B) the use of empirical data on student
achievement and improvement;
(C) parental support and collaboration;
(D) the use of technology;
(E) meaningful inclusion; and
(F) the ability to replicate the program for
students statewide; and
(2) gives priority for enrollment to students with
autism.
(d) A school district or open-enrollment charter school may
not:
(1) charge a fee for the program, other than those
authorized by law for students in public schools;
(2) require a parent to enroll a child in the program;
(3) allow an admission, review, and dismissal
committee to place a student in the program without the written
consent of the student's parent or guardian; or
(4) continue the placement of a student in the program
after the student's parent or guardian revokes consent, in writing,
to the student's placement in the program.
(e) A program under this section may:
(1) alter the length of the school day or school year
or the number of minutes of instruction received by students;
(2) coordinate services with private or
community-based providers;
(3) allow the enrollment of students without
disabilities or with other disabilities, if approved by the
commissioner; and
(4) adopt staff qualifications and staff-to-student
ratios that differ from the applicable requirements of this title.
(f) The commissioner shall create an external panel of
stakeholders, including parents of students with disabilities, to
provide assistance in the selection of applications for the award
of grants under this section.
(g) In selecting programs to receive a grant under this
section, the commissioner shall prioritize programs that are
collaborations between multiple school districts, multiple charter
schools, or school districts and charter schools. The selected
programs must reflect the diversity of this state.
(h) A program selected to receive a grant under this section
is to be funded for two years.
(i) A grant awarded to a school district or open-enrollment
charter school under this section is in addition to the Foundation
School Program money that the district or charter school is
otherwise entitled to receive. A grant awarded under this section
may not come out of Foundation School Program money.
(j) The commissioner shall use money appropriated or
otherwise available to fund grants under this section.
(k) The commissioner and any program selected under this
section may accept gifts, grants, and donations from any public or
private source, person, or group to implement and administer the
program. The commissioner and any program selected under this
section may not require any financial contribution from parents to
implement and administer the program.
(l) A regional education service center may administer
grants awarded under this section.
Sec. 29.024. GRANT PROGRAM PROVIDING TRAINING IN DYSLEXIA
FOR TEACHERS AND STAFF. (a) The commissioner shall establish a
program to award grants to school districts and open-enrollment
charter schools to increase local capacity to appropriately serve
students with dyslexia.
(b) A school district, including a school district acting
through a district charter issued under Subchapter C, Chapter 12,
or an open-enrollment charter school, including a charter school
that primarily serves students with disabilities, as provided under
Section 12.1014, is eligible to apply for a grant under this section
if the district or school submits to the commissioner a proposal on
the use of grant funds that:
(1) incorporates evidence-based and research-based
design; and
(2) increases local capacity to appropriately serve
students with dyslexia by providing:
(A) high-quality training to classroom teachers
and administrators in meeting the needs of students with dyslexia;
or
(B) training to intervention staff resulting in
appropriate credentialing related to dyslexia.
(c) The commissioner shall create an external panel of
stakeholders, including parents of students with disabilities, to
provide assistance in the selection of applications for the award
of grants under this section.
(d) A grant under this section is to be awarded for two
years.
(e) A grant awarded to a school district or open-enrollment
charter school under this section is in addition to the Foundation
School Program money that the district or charter school is
otherwise entitled to receive. A grant awarded under this section
may not come out of Foundation School Program money.
(f) The commissioner shall use money appropriated or
otherwise available to fund grants under this section.
(g) The commissioner and any grant recipient selected under
this section may accept gifts, grants, and donations from any
public or private source, person, or group to implement and
administer the grant. The commissioner and any grant recipient
selected under this section may not require any financial
contribution from parents to implement and administer the grant.
(h) A regional education service center may administer
grants awarded under this section.
Sec. 29.025. SUPPORTS FOR RECRUITING SPECIAL EDUCATION
STAFF. (a) From money appropriated or otherwise available for the
purpose, the agency shall provide grants to school districts and
open-enrollment charter schools to increase the number of qualified
and appropriately credentialed special education staff, including
special education teachers, special education paraprofessionals,
evaluation personnel, ancillary instruction personnel, and related
service personnel.
(b) A school district or open-enrollment charter school
that receives a grant under this section shall require each person
the district or school uses the grant money to assist in becoming
licensed, certified, or otherwise credentialed as described by
Subsection (a) to work at the district or school for a period
established by commissioner rule.
(c) The commissioner shall adopt rules establishing the
period of required employment described by Subsection (b) and any
other rules necessary to implement this section.
Sec. 29.026. RULES. The commissioner may adopt rules as
necessary to implement this subchapter.
SECTION 3.25. The heading to Subchapter A-1, Chapter 29,
Education Code, is amended to read as follows:
SUBCHAPTER A-1. PARENT-DIRECTED [ SUPPLEMENTAL SPECIAL EDUCATION ]
SERVICES FOR STUDENTS RECEIVING SPECIAL EDUCATION SERVICES
[ PROGRAM ]
SECTION 3.26. Sections 29.041(2) and (3), Education Code,
are amended to read as follows:
(2) "Supplemental [ special education ] instructional
materials" includes textbooks, computer hardware or software,
other technological devices, and other materials suitable for
addressing an educational need of a student receiving special
education services under Subchapter A.
(3) "Supplemental [ special education ] services" means
an additive service that provides an educational benefit to a
student receiving special education services under Subchapter A,
including:
(A) occupational therapy, physical therapy, and
speech therapy; and
(B) private tutoring and other supplemental
private instruction or programs.
SECTION 3.27. Section 29.042, Education Code, is amended by
amending Subsections (a) and (c) and adding Subsection (e) to read
as follows:
(a) The agency by rule shall establish and administer a
parent-directed [ supplemental special education services and
instructional materials ] program for students receiving special
education services through which a parent may direct supplemental
services and supplemental instructional materials for the parent's
student [ students ] who meets [ meet ] the eligibility requirements
for participation in the program. Subject to Subsection (c), the
agency shall provide each student approved as provided by this
subchapter a grant in the amount provided under Section 48.306 [ of
not more than $1,500 ] to purchase supplemental [ special education ]
services and supplemental [ special education ] instructional
materials.
(c) A student may receive one grant under this subchapter
unless the legislature appropriates money for an additional grant
in the General Appropriations Act [ The commissioner shall set aside
an amount set by appropriation for each state fiscal year to fund
the program under this section. For each state fiscal year, the
total amount provided for student grants under Subsection (a) may
not exceed the amount set aside by the commissioner under this
subsection ].
(e) The agency shall maintain an online user-friendly
application system for parents to apply for a grant described by
Subsection (a).
SECTION 3.28. Section 29.045, Education Code, is amended to
read as follows:
Sec. 29.045. APPROVAL OF APPLICATION; ASSIGNMENT OF
ACCOUNT. The [ Subject to available funding the ] agency shall
approve each student who meets the program eligibility criteria
established under Section 29.044 and assign to the student an
account maintained under Section 29.042(b). The account may only
be used by the student's parent to purchase supplemental [ special
education ] services or supplemental [ special education ]
instructional materials for the student, subject to Sections 29.046
and 29.047.
SECTION 3.29. Sections 29.046(a) and (b), Education Code,
are amended to read as follows:
(a) Money in an account assigned to a student under Section
29.045 may be used only for supplemental [ special education ]
services and supplemental [ special education ] instructional
materials.
(b) Supplemental [ special education ] services must be
provided by an agency-approved provider.
SECTION 3.30. Sections 29.047(a), (c), (d), and (e),
Education Code, are amended to read as follows:
(a) The agency shall establish criteria necessary for
agency approval for each category of provider of a professional
service that is a supplemental [ special education ] service, as
identified by the agency.
(c) The agency shall provide a procedure for providers of
supplemental [ special education ] services to apply to the agency to
become an agency-approved provider.
(d) The agency may establish criteria for agency approval of
vendors for each category of supplemental [ special education ]
instructional materials identified by the agency.
(e) If the agency establishes criteria for agency approval
for a vendor of a category of supplemental [ special education ]
instructional materials, the agency shall provide a procedure for
vendors of that category to apply to the agency to become an
agency-approved vendor.
SECTION 3.31. Section 29.048, Education Code, is amended to
read as follows:
Sec. 29.048. ADMISSION, REVIEW, AND DISMISSAL COMMITTEE
DUTIES. (a) A student's admission, review, and dismissal
committee shall develop a student's individualized education
program under Section 29.005, in compliance with the Individuals
with Disabilities Education Act (20 U.S.C. Section 1400 et seq.),
without consideration of any supplemental [ special education ]
services or supplemental instructional materials that may be
provided under the program under this subchapter.
(b) Unless the district first verifies that an account has
been assigned to the student under Section 29.045, the [ The ]
admission, review, and dismissal committee of a student approved
for participation in the program shall provide to the student's
parent at an admission, review, and dismissal committee meeting for
the student:
(1) information regarding the types of supplemental
[ special education ] services or supplemental instructional
materials available under the program and provided by
agency-approved providers for which an account maintained under
Section 29.042(b) for the student may be used; and
(2) instructions regarding accessing an account
described by Subdivision (1).
SECTION 3.32. Subchapter A-1, Chapter 29, Education Code,
is amended by adding Section 29.0485 to read as follows:
Sec. 29.0485. DETERMINATION OF COMMISSIONER FINAL.
Notwithstanding Section 7.057, a determination of the commissioner
under this subchapter is final and may not be appealed.
SECTION 3.33. Section 29.049, Education Code, is amended to
read as follows:
Sec. 29.049. RULES. The commissioner shall adopt rules as
necessary to administer the supplemental [ special education ]
services and supplemental instructional materials program under
this subchapter.
SECTION 3.34. Section 29.153, Education Code, is amended by
amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) A child is eligible for enrollment in a prekindergarten
class under this section if the child is at least three years of age
and:
(1) is unable to speak and comprehend the English
language;
(2) is educationally disadvantaged;
(3) is homeless, regardless of the residence of the
child, of either parent of the child, or of the child's guardian or
other person having lawful control of the child;
(4) is the child of an active duty member of the armed
forces of the United States, including the state military forces or
a reserve component of the armed forces, who is ordered to active
duty by proper authority;
(5) is the child of a member of the armed forces of the
United States, including the state military forces or a reserve
component of the armed forces, who was injured or killed while
serving on active duty;
(6) is or ever has been in:
(A) the conservatorship of the Department of
Family and Protective Services following an adversary hearing held
as provided by Section 262.201, Family Code; or
(B) foster care in another state or territory, if
the child resides in this state; [ or ]
(7) is the child of a person eligible for the Star of
Texas Award as:
(A) a peace officer under Section 3106.002,
Government Code;
(B) a firefighter under Section 3106.003,
Government Code; or
(C) an emergency medical first responder under
Section 3106.004, Government Code ; or
(8) is a child eligible for special education services
under Subchapter A and the child's admission, review, and dismissal
committee determines the prekindergarten class to be the most
appropriate placement for the child under the child's
individualized education program .
(b-1) A child described by Subsection (b)(8) who is at least
three years of age but younger than four years of age may be
enrolled in a prekindergarten class offered to children who are at
least four years of age if:
(1) the school district does not offer a
prekindergarten program for children who are at least three years
of age; and
(2) the child's admission, review, and dismissal
committee determines the prekindergarten class to be the most
appropriate placement for the child under the child's
individualized education program.
SECTION 3.35. Section 29.301(1), Education Code, is amended
to read as follows:
(1) "Admission, review, and dismissal committee"
means the committee required by [ State Board of Education rules to
develop the individualized education program required by ] the
Individuals with Disabilities Education Act (20 U.S.C. Section 1400
et seq.) for any student needing special education.
SECTION 3.36. Sections 29.304(a) and (c), Education Code,
are amended to read as follows:
(a) A student who is deaf or hard of hearing must have an
education in which teachers, psychologists, speech language
pathologists [ therapists ], progress assessors, administrators, and
others involved in education understand the unique nature of
deafness and the hard-of-hearing condition. A teacher of students
who are deaf or hard of hearing either must be proficient in
appropriate language modes or use an interpreter certified in
appropriate language modes if certification is available.
(c) General [ Regular ] and special education personnel who
work with students who are deaf or hard of hearing must be
adequately prepared to provide educational instruction and
services to those students.
SECTION 3.37. Section 29.310, Education Code, is amended by
amending Subsection (c) and adding Subsection (d) to read as
follows:
(c) The procedures and materials for the assessment and
placement of a student who is deaf or hard of hearing shall be in the
student's preferred mode of communication. All other procedures
and materials used with any student who is deaf or hard of hearing
and who is an emergent bilingual student as defined by Section
29.052 [ has limited English proficiency ] shall be in the student's
preferred mode of communication.
(d) In recognizing the need for development of language and
communication abilities in students who are deaf or hard of hearing
but also calling for the use of methods of communication that will
meet the needs of each individual student, each student who is deaf
or hard of hearing must be thoroughly assessed to ascertain the
student's potential for communicating through a variety of means.
SECTION 3.38. Section 29.313, Education Code, is amended to
read as follows:
Sec. 29.313. EVALUATION OF DEAF AND HARD OF HEARING
SERVICES [ PROGRAMS ]. (a) Each school district must provide
continuous evaluation of the effectiveness of the district's
services [ programs of the district ] for students who are deaf or
hard of hearing. The [ If practicable, ] evaluations shall follow
program excellence indicators established by the agency.
(b) Each school district shall submit the evaluations under
this section to the agency on a schedule set by the agency.
SECTION 3.39. Section 29.314, Education Code, is amended to
read as follows:
Sec. 29.314. TRANSITION INTO GENERAL EDUCATION [ REGULAR ]
CLASS. In addition to satisfying requirements of the admission,
review, and dismissal committee and to satisfying requirements
under state and federal law for vocational training, each school
district shall develop and implement a transition plan for the
transition of a student who is deaf or hard of hearing into a
general education [ regular ] class [ program ] if the student is to be
transferred from a special class or center or nonpublic,
nonsectarian school into a general education [ regular ] class in a
public school for any part of the school day. The transition plan
must provide for activities:
(1) to integrate the student into the general
[ regular ] education program and specify the nature of each activity
and the time spent on the activity each day; and
(2) to support the transition of the student from the
special education program into the general [ regular ] education
program.
SECTION 3.40. Section 29.315, Education Code, is amended to
read as follows:
Sec. 29.315. TEXAS SCHOOL FOR THE DEAF MEMORANDUM OF
UNDERSTANDING. The Texas Education Agency and the Texas School for
the Deaf shall develop[ , agree to, and by commissioner rule adopt no
later than September 1, 1998, ] a memorandum of understanding to
establish:
(1) the method for developing and reevaluating a set
of indicators of the quality of learning at the Texas School for the
Deaf;
(2) the process for the agency to conduct and report on
an annual evaluation of the school's performance on the indicators;
(3) the requirements for the school's board to
publish, discuss, and disseminate an annual report describing the
educational performance of the school; and
(4) [ the process for the agency to assign an
accreditation status to the school, to reevaluate the status on an
annual basis, and, if necessary, to conduct monitoring reviews; and
[ (5) ] the type of information the school shall be
required to provide through the Public Education Information
Management System (PEIMS).
SECTION 3.41. Section 29.316, Education Code, is amended to
read as follows:
Sec. 29.316. LANGUAGE ACQUISITION. (a) In this section ,
"language [ :
[ (1) "Center" means the Educational Resource Center on
Deafness at the Texas School for the Deaf.
[ (2) "Division" means the Division for Early Childhood
Intervention Services of the Health and Human Services Commission.
[ (3) "Language ] acquisition" includes expressive and
receptive language acquisition and literacy development in
English, American Sign Language, or both, or, if applicable, in
another language primarily used by a child's parent or guardian,
and is separate from any modality used to communicate in the
applicable language or languages.
(b) Each school district [ The commissioner and the
executive commissioner of the Health and Human Services Commission
jointly ] shall ensure that the language acquisition of each child
eight years of age or younger who is deaf or hard of hearing is
regularly assessed using a tool or assessment approved by the
commissioner [ determined to be valid and reliable as provided by
Subsection (d) ].
(c) On a schedule determined by the commissioner, each
school district shall report to the commissioner through the Public
Education Information Management System (PEIMS) or another method
set by commissioner rule the assessment data collected under
Subsection (b) [ Not later than August 31 of each year, the agency,
the division, and the center jointly shall prepare and post on the
agency's, the division's, and the center's respective Internet
websites a report on the language acquisition of children eight
years of age or younger who are deaf or hard of hearing. The report
must:
[ (1) include:
[ (A) existing data reported in compliance with
federal law regarding children with disabilities; and
[ (B) information relating to the language
acquisition of children who are deaf or hard of hearing and also
have other disabilities;
[ (2) state for each child:
[ (A) the instructional arrangement used with the
child, as described by Section 48.102, including the time the child
spends in a mainstream instructional arrangement;
[ (B) the specific language acquisition services
provided to the child, including:
[ (i) the time spent providing those
services; and
[ (ii) a description of any hearing
amplification used in the delivery of those services, including:
[ (a) the type of hearing
amplification used;
[ (b) the period of time in which the
child has had access to the hearing amplification; and
[ (c) the average amount of time the
child uses the hearing amplification each day;
[ (C) the tools or assessments used to assess the
child's language acquisition and the results obtained;
[ (D) the preferred unique communication mode
used by the child at home; and
[ (E) the child's age, race, and gender, the age
at which the child was identified as being deaf or hard of hearing,
and any other relevant demographic information the commissioner
determines to likely be correlated with or have an impact on the
child's language acquisition;
[ (3) compare progress in English literacy made by
children who are deaf or hard of hearing to progress in that subject
made by children of the same age who are not deaf or hard of hearing,
by appropriate age range; and
[ (4) be redacted as necessary to comply with state and
federal law regarding the confidentiality of student medical or
educational information ].
(d) The commissioner[ , the executive commissioner of the
Health and Human Services Commission, and the center ] shall adopt
rules establishing the assessment data required to be reported
under Subsection (c) [ enter into a memorandum of understanding
regarding:
[ (1) the identification of experts in deaf education;
and
[ (2) the determination, in consultation with those
experts, of the tools and assessments that are valid and reliable,
in both content and administration, for use in assessing the
language acquisition of children eight years of age or younger who
are deaf or hard of hearing ].
(e) The commissioner shall annually post on the agency's
Internet website a report on the language acquisition of children
eight years of age or younger who are deaf or hard of hearing using
the assessment data reported under Subsection (c) [ agency shall use
existing collected data and data collected and transferred from the
Department of State Health Services and the Health and Human
Services Commission, as agreed upon in the memorandum of
understanding, for the report under this section ].
(f) The commissioner shall use the assessment data reported
under Subsection (c) in determining whether to award a grant under
Section 29.018 or in seeking federal money available for projects
aimed at improving outcomes for students with disabilities [ and the
executive commissioner of the Health and Human Services Commission
jointly shall adopt rules as necessary to implement this section,
including rules for:
[ (1) assigning each child eight years of age or
younger who is deaf or hard of hearing a unique identification
number for purposes of the report required under Subsection (c) and
to enable the tracking of the child's language acquisition, and
factors affecting the child's language acquisition, over time; and
[ (2) implementing this section in a manner that
complies with federal law regarding confidentiality of student
medical or educational information, including the Health Insurance
Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d
et seq.) and the Family Educational Rights and Privacy Act of 1974
(20 U.S.C. Section 1232g), and any state law relating to the privacy
of student information ].
SECTION 3.42. The heading to Section 30.002, Education
Code, is amended to read as follows:
Sec. 30.002. STATE PLAN [ EDUCATION ] FOR CHILDREN WITH
VISUAL IMPAIRMENTS , WHO ARE DEAF OR HARD OF HEARING, OR WHO ARE
DEAF-BLIND .
SECTION 3.43. Sections 30.002(a), (b), (c), and (e),
Education Code, are amended to read as follows:
(a) The agency shall develop and administer a comprehensive
statewide plan for the education of children [ with visual
impairments ] who are under 22 [ 21 ] years of age and who have visual
impairments, are deaf or hard of hearing, or are deaf-blind that
will ensure that the children have an opportunity for achievement
equal to the opportunities afforded their peers who do not have
visual impairments, are not deaf or hard of hearing, or are not
deaf-blind [ with normal vision ].
(b) The agency shall:
(1) develop standards and guidelines for all special
education and related services for children who have visual
impairments, are deaf or hard of hearing, or are deaf-blind [ with
visual impairments ] that it is authorized to provide or support
under this code and federal law ;
(2) supervise regional education service centers and
other entities in assisting school districts in serving children
who have visual impairments, are deaf or hard of hearing, or are
deaf-blind [ with visual impairments ] more effectively; and
(3) [ develop and administer special education
services for students with both serious visual and auditory
impairments;
[ (4) evaluate special education services provided for
children with visual impairments by school districts and approve or
disapprove state funding of those services; and
[ (5) ] maintain an effective liaison between special
education programs provided for children who have visual
impairments, are deaf or hard of hearing, or are deaf-blind [ with
visual impairments ] by school districts and related initiatives of
the Health and Human Services Commission, [ the Department of State
Health Services Mental Health and Substance Abuse Division, ] the
Texas Workforce Commission, and other related programs, agencies,
or facilities as appropriate.
(c) The comprehensive statewide plan for the education of
children who have visual impairments, are deaf or hard of hearing,
or are deaf-blind [ with visual impairments ] must:
(1) adequately provide for comprehensive diagnosis
and evaluation of each school-age child who has a visual
impairment, is deaf or hard of hearing, or is deaf-blind and
adequately outline the expectations of a school district for such a
child under three years of age [ with a serious visual impairment ];
(2) include the procedures, format, and content of the
individualized education program for each child who has a visual
impairment, is deaf or hard of hearing, or is deaf-blind [ with a
visual impairment ];
(3) emphasize providing educational services to
children who have visual impairments, are deaf or hard of hearing,
or are deaf-blind [ with visual impairments ] in their home
communities whenever possible;
(4) include information regarding the establishment
of regional day school programs for the deaf under Subchapter D and
the parameters of those programs [ methods to ensure that children
with visual impairments receiving special education services in
school districts receive, before being placed in a classroom
setting or within a reasonable time after placement:
[ (A) evaluation of the impairment; and
[ (B) instruction in an expanded core curriculum,
which is required for students with visual impairments to succeed
in classroom settings and to derive lasting, practical benefits
from the education provided by school districts, including
instruction in:
[ (i) compensatory skills, such as braille
and concept development, and other skills needed to access the rest
of the curriculum;
[ (ii) orientation and mobility;
[ (iii) social interaction skills;
[ (iv) career planning;
[ (v) assistive technology, including
optical devices;
[ (vi) independent living skills;
[ (vii) recreation and leisure enjoyment;
[ (viii) self-determination; and
[ (ix) sensory efficiency ];
(5) provide for flexibility on the part of school
districts to meet the unique [ special ] needs of children who have
visual impairments, are deaf or hard of hearing, or are deaf-blind
[ with visual impairments ] through:
(A) specialty staff and resources provided by the
district;
(B) contractual arrangements with other
qualified public or private agencies;
(C) supportive assistance from regional
education service centers or adjacent school districts;
(D) short-term or long-term services through the
Texas School for the Blind and Visually Impaired , the Texas School
for the Deaf, regional day school programs for the deaf, or related
facilities or programs; or
(E) other instructional and service arrangements
approved by the agency;
(6) [ include a statewide admission, review, and
dismissal process;
[ (7) ] provide for effective interaction between the
[ visually impaired child's ] classroom setting of the child who has
a visual impairment, is deaf or hard of hearing, or is deaf-blind
and the child's home environment, including providing for parental
training and counseling either by school district staff or by
representatives of other organizations directly involved in the
development and implementation of the individualized education
program for the child;
(7) describe recommended and required professional
development activities based on the special education and related
services provided by school district staff to children who have
visual impairments, are deaf or hard of hearing, or are deaf-blind
[ (8) require the continuing education and professional
development of school district staff providing special education
services to children with visual impairments ];
(8) [ (9) ] provide for adequate monitoring and precise
evaluation of special education services provided to children who
have visual impairments, are deaf or hard of hearing, or are
deaf-blind [ with visual impairments ] through school districts;
[ and ]
(9) [ (10) ] require that school districts providing
special education services to children who have visual impairments,
are deaf or hard of hearing, or are deaf-blind [ with visual
impairments ] develop procedures for assuring that staff assigned to
work with the children have prompt and effective access directly to
resources available through:
(A) cooperating agencies in the area;
(B) the Texas School for the Blind and Visually
Impaired;
(C) the Texas School for the Deaf;
(D) the statewide outreach center at the Texas
School for the Deaf;
(E) the Central Media Depository for specialized
instructional materials and aids made specifically for use by
students with visual impairments;
(F) [ (D) ] sheltered workshops participating in
the state program of purchases of blind-made goods and services;
and
(G) [ (E) ] related sources ; and
(10) assist in the coordination of educational
programs with other public and private agencies, including:
(A) agencies operating early childhood
intervention programs;
(B) preschools;
(C) agencies operating child development
programs;
(D) private nonsectarian schools;
(E) agencies operating regional occupational
centers and programs; and
(F) as appropriate, postsecondary and adult
programs for persons who are deaf or hard of hearing .
(e) Each eligible [ blind or visually impaired ] student who
has a visual impairment, is deaf or hard of hearing, or is
deaf-blind is entitled to receive educational programs according to
an individualized education program that:
(1) is developed in accordance with federal and state
requirements for providing special education services;
(2) is developed by a committee composed as required
by federal law;
(3) reflects that the student has been provided a
detailed explanation of the various service resources available to
the student in the community and throughout the state;
(4) provides a detailed description of the
arrangements made to provide the student with the evaluation and
instruction required under this subchapter and Subchapter A,
Chapter 29 [ Subsection (c)(4) ]; and
(5) sets forth the plans and arrangements made for
contacts with and continuing services to the student beyond regular
school hours to ensure the student learns the skills and receives
the instruction required under this subchapter and Subchapter A,
Chapter 29 [ Subsection (c)(4)(B) ].
SECTION 3.44. Subchapter A, Chapter 30, Education Code, is
amended by adding Section 30.0021 to read as follows:
Sec. 30.0021. REQUIREMENTS FOR CHILDREN WITH VISUAL
IMPAIRMENTS. (a) Each child with a visual impairment must receive
instruction in an expanded core curriculum required for children
with visual impairments to succeed in classroom settings and to
derive lasting, practical benefits from education in a school
district, including instruction in:
(1) compensatory skills, such as braille and concept
development, and other skills necessary to access the rest of the
curriculum;
(2) orientation and mobility;
(3) social interaction skills;
(4) career education;
(5) assistive technology, including optical devices;
(6) independent living skills;
(7) recreation and leisure enjoyment;
(8) self-determination; and
(9) sensory efficiency.
(b) To determine a child's eligibility for a school
district's special education program under Subchapter A, Chapter
29, on the basis of a visual impairment, the full individual and
initial evaluation of the child under Section 29.004 and any
reevaluation of the child must, in accordance with commissioner
rule:
(1) include an orientation and mobility evaluation
conducted:
(A) by a person who is appropriately certified as
an orientation and mobility specialist, as determined by
commissioner rule; and
(B) in a variety of lighting conditions and
settings, including in the child's home, school, and community and
in settings unfamiliar to the child; and
(2) provide for a person who is appropriately
certified as an orientation and mobility specialist, as determined
by commissioner rule, to participate, as part of a
multidisciplinary team, in evaluating the data on which the
determination of the child's eligibility is based.
(c) In developing an individualized education program under
Section 29.005 for a child with a visual impairment, proficiency in
reading and writing must be a significant indicator of the child's
satisfactory educational progress. The individualized education
program must include instruction in braille and the use of braille
unless the child's admission, review, and dismissal committee
documents a determination, based on an evaluation of the child's
appropriate literacy media and literacy skills and the child's
current and future instructional needs, that braille is not an
appropriate literacy medium for the child.
(d) Braille instruction:
(1) may be used in combination with other special
education services appropriate to the educational needs of a child
with a visual impairment; and
(2) must be provided by a teacher certified to teach
children with visual impairments under Subchapter B, Chapter 21.
(e) A school district shall provide to each person assisting
in the development of an individualized education program for a
child with a visual impairment information describing the benefits
of braille instruction.
(f) To facilitate implementation of this section, the
commissioner shall develop a system to distribute from the
foundation school fund to school districts or regional education
service centers a special supplemental allowance for each student
with a visual impairment. The supplemental allowance may be spent
only for special education services uniquely required by the nature
of the child's disabilities and may not be used in lieu of
educational funds otherwise available under this code or through
state or local appropriations.
SECTION 3.45. Section 30.003, Education Code, is amended by
amending Subsections (b), (d), (f-1), and (g) and adding Subsection
(b-1) to read as follows:
(b) If the student is admitted to the school for a full-time
program for the equivalent of two long semesters, the district's
share of the cost is an amount equal to the dollar amount of
maintenance and debt service taxes imposed by the district for that
year , subject to Subsection (b-1), divided by the district's
average daily attendance for the preceding year.
(b-1) For purposes of Subsection (b), the commissioner
shall reduce the dollar amount of maintenance and debt service
taxes imposed by the district for a year by the amount, if any, by
which the district is required to reduce the district's local
revenue level under Section 48.257 for that year.
(d) Each school district and state institution shall
provide to the commissioner the necessary information to determine
the district's share under this section. The information must be
reported to the commissioner on or before a date set by commissioner
rule [ of the State Board of Education ]. After determining the
amount of a district's share for all students for which the district
is responsible, the commissioner shall deduct that amount from the
payments of foundation school funds payable to the district. Each
deduction shall be in the same percentage of the total amount of the
district's share as the percentage of the total foundation school
fund entitlement being paid to the district at the time of the
deduction, except that the amount of any deduction may be modified
to make necessary adjustments or to correct errors. The
commissioner shall provide for remitting the amount deducted to the
appropriate school at the same time at which the remaining funds are
distributed to the district. If a district does not receive
foundation school funds or if a district's foundation school
entitlement is less than the amount of the district's share under
this section, the commissioner shall direct the district to remit
payment to the commissioner, and the commissioner shall remit the
district's share to the appropriate school.
(f-1) The commissioner shall determine the total amount
that the Texas School for the Blind and Visually Impaired and the
Texas School for the Deaf would have received from school districts
in accordance with this section if the following provisions had not
reduced the districts' share of the cost of providing education
services:
(1) H.B. No. 1, Acts of the 79th Legislature, 3rd
Called Session, 2006;
(2) Subsection (b-1) of this section;
(3) Section 45.0032;
(4) [ (3) ] Section 48.255; and
(5) [ (4) ] Section 48.2551.
(g) The commissioner [ State Board of Education ] may adopt
rules as necessary to implement this section.
SECTION 3.46. Section 30.004(b), Education Code, is amended
to read as follows:
(b) The commissioner [ State Board of Education ] shall adopt
rules prescribing the form and content of information required by
Subsection (a).
SECTION 3.47. Section 30.005, Education Code, is amended to
read as follows:
Sec. 30.005. TEXAS SCHOOL FOR THE BLIND AND VISUALLY
IMPAIRED MEMORANDUM OF UNDERSTANDING. The Texas Education Agency
and the Texas School for the Blind and Visually Impaired shall
develop[ , agree to, and by commissioner rule adopt ] a memorandum of
understanding to establish:
(1) the method for developing and reevaluating a set
of indicators of the quality of learning at the Texas School for the
Blind and Visually Impaired;
(2) the process for the agency to conduct and report on
an annual evaluation of the school's performance on the indicators;
(3) the requirements for the school's board to
publish, discuss, and disseminate an annual report describing the
educational performance of the school; and
(4) [ the process for the agency to:
[ (A) assign an accreditation status to the
school;
[ (B) reevaluate the status on an annual basis;
and
[ (C) if necessary, conduct monitoring reviews;
and
[ (5) ] the type of information the school shall be
required to provide through the Public Education Information
Management System (PEIMS).
SECTION 3.48. Section 30.081, Education Code, is amended to
read as follows:
Sec. 30.081. LEGISLATIVE INTENT CONCERNING REGIONAL DAY
SCHOOLS FOR THE DEAF. The legislature, by this subchapter, intends
to continue a process of providing on a statewide basis a suitable
education to deaf or hard of hearing students who are under 22 [ 21 ]
years of age and assuring that those students have the opportunity
to become independent citizens.
SECTION 3.49. Section 30.083, Education Code, is amended to
read as follows:
Sec. 30.083. STATEWIDE PLAN. [ (a) ] The director of
services shall develop and administer a comprehensive statewide
plan for educational services for students who are deaf or hard of
hearing and receive special education and related services through
a regional day school program for the deaf [ , including continuing
diagnosis and evaluation, counseling, and teaching ]. The plan
shall be included as part of the comprehensive state plan under
Section 30.002 [ designed to accomplish the following objectives:
[ (1) providing assistance and counseling to parents of
students who are deaf or hard of hearing in regional day school
programs for the deaf and admitting to the programs students who
have a hearing loss that interferes with the processing of
linguistic information;
[ (2) enabling students who are deaf or hard of hearing
to reside with their parents or guardians and be provided an
appropriate education in their home school districts or in regional
day school programs for the deaf;
[ (3) enabling students who are deaf or hard of hearing
who are unable to attend schools at their place of residence and
whose parents or guardians live too far from facilities of regional
day school programs for the deaf for daily commuting to be
accommodated in foster homes or other residential school facilities
provided for by the agency so that those children may attend a
regional day school program for the deaf;
[ (4) enrolling in the Texas School for the Deaf those
students who are deaf or hard of hearing whose needs can best be met
in that school and designating the Texas School for the Deaf as the
statewide educational resource for students who are deaf or hard of
hearing;
[ (5) encouraging students in regional day school
programs for the deaf to attend general education classes on a
part-time, full-time, or trial basis; and
[ (6) recognizing the need for development of language
and communications abilities in students who are deaf or hard of
hearing, but also calling for the use of methods of communication
that will meet the needs of each individual student, with each
student assessed thoroughly so as to ascertain the student's
potential for communications through a variety of means, including
through oral or aural means, fingerspelling, or sign language ].
[ (b) The director of services may establish separate
programs to accommodate diverse communication methodologies. ]
SECTION 3.50. Section 30.021(e), Education Code, is amended
to read as follows:
(e) The school shall cooperate with public and private
agencies and organizations serving students and other persons with
visual impairments in the planning, development, and
implementation of effective educational and rehabilitative service
delivery systems associated with educating students with visual
impairments. To maximize and make efficient use of state
facilities, funding, and resources, the services provided in this
area may include conducting a cooperative program with other
agencies to serve students who have graduated from high school by
completing all academic requirements applicable to students in
general [ regular ] education, excluding satisfactory performance
under Section 39.025, who are younger than 22 years of age on
September 1 of the school year and who have identified needs related
to vocational training, independent living skills, orientation and
mobility, social and leisure skills, compensatory skills, or
remedial academic skills.
SECTION 3.51. Section 37.146(a), Education Code, is amended
to read as follows:
(a) A complaint alleging the commission of a school offense
must, in addition to the requirements imposed by Article 45A.101,
Code of Criminal Procedure:
(1) be sworn to by a person who has personal knowledge
of the underlying facts giving rise to probable cause to believe
that an offense has been committed; and
(2) be accompanied by a statement from a school
employee stating:
(A) whether the child is eligible for or receives
special education services under Subchapter A, Chapter 29; and
(B) the graduated sanctions, if required under
Section 37.144, that were imposed on the child before the complaint
was filed.
SECTION 3.52. Sections 38.003(c-1) and (d), Education Code,
are amended to read as follows:
(c-1) The agency by rule shall develop procedures designed
to allow the agency to:
(1) effectively audit and monitor and periodically
conduct site visits of all school districts to ensure that
districts are complying with this section, including the program
approved by the State Board of Education under this section;
(2) identify any problems school districts experience
in complying with this section, including the program approved by
the State Board of Education under this section;
(3) develop reasonable and appropriate remedial
strategies to address school district noncompliance and ensure the
purposes of this section are accomplished , which may include the
publication of a recommended evidence-based dyslexia program list ;
[ and ]
(4) solicit input from parents of students enrolled in
a school district during the auditing and monitoring of the
district under Subdivision (1) regarding the district's
implementation of the program approved by the State Board of
Education under this section ; and
(5) engage in general supervision activities,
including activities under the comprehensive system for monitoring
described by Section 29.010, to ensure school district compliance
with the program approved by the State Board of Education under this
section and Part B, Individuals with Disabilities Education Act (20
U.S.C. Section 1411 et seq.) .
(d) The State Board of Education by rule shall define
dyslexia and related disorders in a manner that aligns with current
research [ In this section:
[ (1) "Dyslexia" means a disorder of constitutional
origin manifested by a difficulty in learning to read, write, or
spell, despite conventional instruction, adequate intelligence,
and sociocultural opportunity.
[ (2) "Related disorders" includes disorders similar
to or related to dyslexia, such as developmental auditory
imperception, dysphasia, specific developmental dyslexia,
developmental dysgraphia, and developmental spelling disability ].
SECTION 3.53. Section 48.009(b), Education Code, is amended
to read as follows:
(b) The commissioner by rule shall require each school
district and open-enrollment charter school to report through the
Public Education Information Management System information
regarding:
(1) the number of students enrolled in the district or
school who are identified as having dyslexia;
(2) the availability of school counselors, including
the number of full-time equivalent school counselors, at each
campus;
(3) the availability of expanded learning
opportunities as described by Section 33.252 at each campus;
(4) the total number of students, other than students
described by Subdivision (5), enrolled in the district or school
with whom the district or school, as applicable, used intervention
strategies, as that term is defined by Section 26.004, at any time
during the year for which the report is made;
(5) the total number of students enrolled in the
district or school to whom the district or school provided aids,
accommodations, or services under Section 504, Rehabilitation Act
of 1973 (29 U.S.C. Section 794), at any time during the year for
which the report is made;
(6) disaggregated by campus and grade, the number of:
(A) children who are required to attend school
under Section 25.085, are not exempted under Section 25.086, and
fail to attend school without excuse for 10 or more days or parts of
days within a six-month period in the same school year;
(B) students for whom the district initiates a
truancy prevention measure under Section 25.0915(a-4); and
(C) parents of students against whom an
attendance officer or other appropriate school official has filed a
complaint under Section 25.093; [ and ]
(7) the number of students who are enrolled in a high
school equivalency program, a dropout recovery school, or an adult
education program provided under a high school diploma and industry
certification charter school program provided by the district or
school and who:
(A) are at least 18 years of age and under 26
years of age;
(B) have not previously been reported to the
agency as dropouts; and
(C) enroll in the program at the district or
school after not attending school for a period of at least nine
months ; and
(8) students enrolled in a special education program
under Subchapter A, Chapter 29, as necessary for the agency to
adequately perform general supervision activities and determine
funding under Sections 48.102 and 48.1021 .
SECTION 3.54. Subchapter A, Chapter 48, Education Code, is
amended by adding Section 48.011 to read as follows:
Sec. 48.011. COMMISSIONER AUTHORITY TO RESOLVE UNINTENDED
CONSEQUENCES. (a) Subject to Subsection (b), the commissioner
may, as necessary to implement changes made by the legislature to
public school finance and school district maintenance and
operations tax rates during the preceding four state fiscal years:
(1) adjust a school district's entitlement under this
chapter if the funding formulas used to determine the district's
entitlement result in an unanticipated loss, gain, or other result
for a school district; and
(2) modify dates relating to the adoption of a school
district's maintenance and operations tax rate and, if applicable,
an election required for the district to adopt that tax rate.
(b) Before making an adjustment under Subsection (a), the
commissioner shall notify and must receive approval from the
Legislative Budget Board and the office of the governor.
(c) If the commissioner makes an adjustment under
Subsection (a), the commissioner must provide to the legislature an
explanation regarding the changes necessary to resolve the
unintended consequences.
SECTION 3.55. Section 48.102, Education Code, is amended to
read as follows:
Sec. 48.102. SPECIAL EDUCATION. (a) For each student in
average daily attendance in a special education program under
Subchapter A, Chapter 29, [ in a mainstream instructional
arrangement, ] a school district is entitled to an annual allotment
equal to the basic allotment, or, if applicable, the sum of the
basic allotment and the allotment under Section 48.101 to which the
district is entitled, multiplied by a weight in an amount set by the
legislature in the General Appropriations Act for the highest tier
of intensity of service for which the student qualifies [ 1.15 ].
(a-1) Notwithstanding Subsection (a), for the 2025-2026 and
2026-2027 school years, the amount of an allotment under this
section shall be determined in accordance with Section 48.1022.
This subsection expires September 1, 2027. [ For each full-time
equivalent student in average daily attendance in a special
education program under Subchapter A, Chapter 29, in an
instructional arrangement other than a mainstream instructional
arrangement, a district is entitled to an annual allotment equal to
the basic allotment, or, if applicable, the sum of the basic
allotment and the allotment under Section 48.101 to which the
district is entitled, multiplied by a weight determined according
to instructional arrangement as follows:
[ Homebound 5.0
[ Hospital class 3.0
[ Speech therapy 5.0
[ Resource room 3.0
[ Self-contained, mild and moderate, regular campus 3.0
[ Self-contained, severe, regular campus 3.0
[ Off home campus 2.7
[ Nonpublic day school 1.7
[ Vocational adjustment class 2.3 ]
(b) The commissioner by rule shall define eight tiers of
intensity of service for use in determining funding under this
section. The commissioner must include one tier specifically
addressing students receiving special education services in
residential placement and one tier for students receiving only
speech therapy [ A special instructional arrangement for students
with disabilities residing in care and treatment facilities, other
than state schools, whose parents or guardians do not reside in the
district providing education services shall be established by
commissioner rule. The funding weight for this arrangement shall
be 4.0 for those students who receive their education service on a
local school district campus. A special instructional arrangement
for students with disabilities residing in state schools shall be
established by commissioner rule with a funding weight of 2.8 ].
(c) In defining the tiers of intensity of service under
Subsection (b), the commissioner shall consider:
(1) the type, frequency, and nature of services
provided to a student;
(2) the required certifications, licensures, or other
qualifications for personnel serving the student;
(3) any identified or curriculum-required
provider-to-student ratios for the student to receive the
appropriate services; and
(4) any equipment or technology required for the
services [ For funding purposes, the number of contact hours
credited per day for each student in the off home campus
instructional arrangement may not exceed the contact hours credited
per day for the multidistrict class instructional arrangement in
the 1992-1993 school year ].
(d) [ For funding purposes the contact hours credited per day
for each student in the resource room; self-contained, mild and
moderate; and self-contained, severe, instructional arrangements
may not exceed the average of the statewide total contact hours
credited per day for those three instructional arrangements in the
1992-1993 school year.
[ (e) The commissioner by rule shall prescribe the
qualifications an instructional arrangement must meet in order to
be funded as a particular instructional arrangement under this
section. In prescribing the qualifications that a mainstream
instructional arrangement must meet, the commissioner shall
establish requirements that students with disabilities and their
teachers receive the direct, indirect, and support services that
are necessary to enrich the regular classroom and enable student
success.
[ (f) In this section, "full-time equivalent student" means
30 hours of contact a week between a special education student and
special education program personnel.
[ (g) The commissioner shall adopt rules and procedures
governing contracts for residential placement of special education
students. The legislature shall provide by appropriation for the
state's share of the costs of those placements.
[ (h) ] At least 55 percent of the funds allocated under this
section must be used in the special education program under
Subchapter A, Chapter 29.
(e) [ (i) ] The agency shall ensure [ encourage ] the placement
of students in special education programs, including students in
residential placement [ instructional arrangements ], in the least
restrictive environment appropriate for their educational needs.
(f) [ (j) ] A school district that provides an extended year
program required by federal law for special education students who
may regress is entitled to receive funds in an amount equal to [ 75
percent, or a lesser percentage determined by the commissioner, of ]
the basic allotment, or, if applicable, the sum of the basic
allotment and the allotment under Section 48.101 to which the
district is entitled for each [ full-time equivalent ] student in
average daily attendance, multiplied by the amount designated for
the highest tier of intensity of service for which the student
qualifies [ student's instructional arrangement ] under this
section, for each day the program is provided divided by the number
of days in the minimum school year. [ The total amount of state
funding for extended year services under this section may not
exceed $10 million per year. ] A school district may use funds
received under this section only in providing an extended year
program.
(g) [ (k) ] From the total amount of funds appropriated for
special education under this section, the commissioner shall
withhold an amount specified in the General Appropriations Act, and
distribute that amount to school districts for programs under
Section 29.014. The program established under that section is
required only in school districts in which the program is financed
by funds distributed under this subsection and any other funds
available for the program. After deducting the amount withheld
under this subsection from the total amount appropriated for
special education, the commissioner shall reduce each district's
allotment proportionately and shall allocate funds to each district
accordingly.
(h) Not later than December 1 of each even-numbered year,
the commissioner shall submit to the Legislative Budget Board, for
purposes of the allotment under this section, proposed weights for
the tiers of intensity of service for the next state fiscal
biennium.
SECTION 3.56. Subchapter C, Chapter 48, Education Code, is
amended by adding Sections 48.1021 and 48.1022 to read as follows:
Sec. 48.1021. SPECIAL EDUCATION SERVICE GROUP ALLOTMENT.
(a) For each student in a special education program under
Subchapter A, Chapter 29, a school district is entitled to an
allotment in an amount set by the legislature in the General
Appropriations Act for the service group for which the student
receives services.
(a-1) Notwithstanding Subsection (a), for the 2025-2026 and
2026-2027 school years, the amount of an allotment under this
section shall be determined in accordance with Section 48.1022.
This subsection expires September 1, 2027.
(b) The commissioner by rule shall establish at least four
service groups for use in determining funding under this section.
In establishing the groups, the commissioner must consider:
(1) the type, frequency, and nature of services
provided to a student;
(2) the required certifications, licensures, or other
qualifications for personnel serving the student;
(3) any identified or curriculum-required
provider-to-student ratios for the student to receive the
appropriate services; and
(4) any equipment or technology required for the
services.
(c) At least 55 percent of the funds allocated under this
section must be used for a special education program under
Subchapter A, Chapter 29.
(d) Not later than December 1 of each even-numbered year,
the commissioner shall submit to the Legislative Budget Board, for
purposes of the allotment under this section, proposed amounts of
funding for the service groups for the next state fiscal biennium.
Sec. 48.1022. SPECIAL EDUCATION TRANSITION FUNDING. (a)
For the 2025-2026 and 2026-2027 school years, the commissioner may
adjust weights or amounts provided under Section 48.102 or 48.1021
as necessary to ensure compliance with requirements regarding
maintenance of state financial support under 20 U.S.C. Section
1412(a)(18) and maintenance of local financial support under
applicable federal law.
(b) For the 2025-2026 and 2026-2027 school years, the
commissioner shall determine the formulas through which school
districts receive funding under Sections 48.102 and 48.1021. In
determining the formulas, the commissioner shall ensure the
estimated statewide increase from the allotment under Section
48.102 for the 2024-2025 school year to the sum of the allotments
under Sections 48.102 and 48.1021 for the 2025-2026 school year is
approximately $615 million.
(c) Each school district and open-enrollment charter school
shall report to the agency information necessary to implement this
section.
(d) The agency shall provide technical assistance to school
districts and open-enrollment charter schools to ensure a
successful transition in funding formulas for special education.
(e) This section expires September 1, 2028.
SECTION 3.57. Sections 48.103(b), (c), and (d), Education
Code, are amended to read as follows:
(b) A school district is entitled to an allotment under
Subsection (a) only for a student who:
(1) is receiving instruction, services , or
accommodations for dyslexia or a related disorder in accordance
with:
(A) an individualized education program
developed for the student under Section 29.005; or
(B) a plan developed for the student under
Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794); or
(2) [ is receiving instruction that:
[ (A) meets applicable dyslexia program criteria
established by the State Board of Education; and
[ (B) is provided by a person with specific
training in providing that instruction; or
[ (3) ] is permitted, on the basis of having dyslexia or
a related disorder, to use modifications in the classroom or
accommodations in the administration of assessment instruments
under Section 39.023 without a program or plan described by
Subdivision (1) .
(c) A school district may receive funding for a student
under each provision of this section , [ and ] Section 48.102 , and
Section 48.1021 for which [ if ] the student qualifies [ satisfies the
requirements of both sections ].
(d) A school district may use [ an amount not to exceed 20
percent of ] the allotment provided for a qualifying student under
this section to contract with a private provider to provide
supplemental academic services to the student that are recommended
under the student's program or plan described by Subsection (b). A
student may not be excused from school to receive supplemental
academic services provided under this subsection.
SECTION 3.58. Section 48.110(d), Education Code, is amended
to read as follows:
(d) For each annual graduate in a cohort described by
Subsection (b) who demonstrates college, career, or military
readiness as described by Subsection (f) in excess of the minimum
number of students determined for the applicable district cohort
under Subsection (c), a school district is entitled to an annual
outcomes bonus of:
(1) if the annual graduate is educationally
disadvantaged, $5,000;
(2) if the annual graduate is not educationally
disadvantaged, $3,000; and
(3) if the annual graduate is enrolled in a special
education program under Subchapter A, Chapter 29, $4,000 [ $2,000 ],
regardless of whether the annual graduate is educationally
disadvantaged.
SECTION 3.59. Section 48.151(g), Education Code, is amended
to read as follows:
(g) A school district or county that provides special
transportation services for eligible special education students is
entitled to a state allocation at a [ paid on a previous year's
cost-per-mile basis. The ] rate per mile equal to the sum of the
rate per mile set under Subsection (c) and $0.13, or a greater
amount provided [ allowable shall be set ] by appropriation [ based on
data gathered from the first year of each preceding biennium ].
Districts may use a portion of their support allocation to pay
transportation costs, if necessary. The commissioner may grant an
amount set by appropriation for private transportation to reimburse
parents or their agents for transporting eligible special education
students. The mileage allowed shall be computed along the shortest
public road from the student's home to school and back, morning and
afternoon. The need for this type of transportation shall be
determined on an individual basis and shall be approved only in
extreme hardship cases.
SECTION 3.60. Subchapter D, Chapter 48, Education Code, is
amended by adding Section 48.158 to read as follows:
Sec. 48.158. SPECIAL EDUCATION FULL INDIVIDUAL AND INITIAL
EVALUATION. For each child for whom a school district conducts a
full individual and initial evaluation under Section 29.004 or 20
U.S.C. Section 1414(a)(1), the district is entitled to an allotment
of $1,000 or a greater amount provided by appropriation.
SECTION 3.61. Section 48.265(a), Education Code, is amended
to read as follows:
(a) If [ Notwithstanding any other provision of law, if ] the
commissioner determines that the amount appropriated for the
purposes of the Foundation School Program exceeds the amount to
which school districts are entitled under this chapter, the
commissioner may provide [ by rule shall establish a grant program
through which excess funds are awarded as ] grants using the excess
money for the purchase of video equipment, or for the reimbursement
of costs for previously purchased video equipment, used for
monitoring special education classrooms or other special education
settings required under Section 29.022.
SECTION 3.62. Section 48.279(e), Education Code, is amended
to read as follows:
(e) After the commissioner has replaced any withheld
federal funds as provided by Subsection (d), the commissioner shall
distribute the remaining amount, if any, of funds described by
Subsection (a) to proportionately increase funding for the special
education allotment under Section 48.102 and the special education
service group allotment under Section 48.1021 .
SECTION 3.63. Subchapter G, Chapter 48, Education Code, is
amended by adding Sections 48.304, 48.306, and 48.315 to read as
follows:
Sec. 48.304. DAY PLACEMENT PROGRAM OR COOPERATIVE FUNDING.
(a) For each qualifying day placement program or cooperative that a
regional education service center, school district, or
open-enrollment charter school establishes, the center, district,
or school is entitled to an allotment for the program or cooperative
of:
(1) $250,000 for the first year of the program's or
cooperative's operation; and
(2) $50,000 for each student enrolled in the program
or cooperative for each year of the program's or cooperative's
operation after the first year, up to a maximum of $250,000.
(b) A day placement program or cooperative qualifies for
purposes of Subsection (a) if:
(1) the program or cooperative complies with
commissioner rules adopted under Section 29.008(e);
(2) the program or cooperative offers services to
students who are enrolled at any school district or open-enrollment
charter school in the county in which the program or cooperative is
offered, unless the commissioner by rule waives or modifies the
requirement under this subdivision for the program or cooperative
to serve all students in a county; and
(3) the agency has designated the program or
cooperative for service in the county in which the program or
cooperative is offered and determined that, at the time of
designation, the program or cooperative increases the availability
of day placement services in the county.
(c) The agency may not designate more than one day placement
program or cooperative for service per county each year.
(d) Each school district or open-enrollment charter school
that receives an allotment for a day placement program or
cooperative under this section must remit at least 75 percent, or a
greater amount as agreed to by the district or school and the
program administrator or cooperative's fiscal agent, of the
allotments received under Sections 48.102 and 48.1021 for each
district or school student served by the program or cooperative for
a school year to the program or cooperative for the provision of
necessary services to the student. If the student is reintegrated
into the district or school, the administrator or fiscal agent must
return to the district or school any amount unspent for the student.
(e) The agency may designate a regional education service
center to implement and administer this section.
Sec. 48.306. PARENT-DIRECTED SERVICES FOR STUDENTS
RECEIVING SPECIAL EDUCATION SERVICES GRANT. (a) A student to whom
the agency awards a grant under Subchapter A-1, Chapter 29, is
entitled to receive an amount of $1,500 or a greater amount provided
by appropriation.
(b) The legislature shall include in the appropriations for
the Foundation School Program state aid sufficient for the agency
to award grants under Subchapter A-1, Chapter 29, in the amount
provided by this section.
(c) A student may receive one grant under Subchapter A-1,
Chapter 29, unless the legislature appropriates money for an
additional grant in the General Appropriations Act.
(d) A regional education service center designated to
administer the program under Subchapter A-1, Chapter 29, for a
school year is entitled to an amount equal to four percent of each
grant awarded under that subchapter for that school year.
(e) Notwithstanding Section 7.057, a determination of the
commissioner under this section is final and may not be appealed.
Sec. 48.315. FUNDING FOR REGIONAL DAY SCHOOL PROGRAMS FOR
THE DEAF. (a) The program administrator or fiscal agent of a
regional day school program for the deaf is entitled to receive for
each school year an allotment of $6,925, or a greater amount
provided by appropriation, for each student receiving services from
the program.
(b) Notwithstanding Subsection (a), the agency shall adjust
the amount of an allotment under that subsection for a school year
to ensure the total amount of allotments provided under that
subsection is at least $35 million for that school year.
SECTION 3.64. The following provisions of the Education
Code are repealed:
(1) Section 7.055(b)(24);
(2) Sections 7.102(c)(18), (19), (20), (21), and (22);
(3) Section 29.002;
(4) Section 29.0041(c);
(5) Section 29.005(f);
(6) Section 29.0161;
(7) Sections 29.018(c), (d), and (e);
(8) Sections 29.308, 29.309, 29.311, 30.001, and
30.0015;
(9) Sections 30.002(c-1), (c-2), (f), (f-1), and (g);
(10) Section 30.084; and
(11) Section 30.087(b).
ARTICLE 4. TRANSITION AND EFFECTIVE DATE
SECTION 4.01. (a) Except as otherwise provided by this Act
and by Subsection (b) of this section, the changes made by this Act
to Chapters 7, 8, 12A, 19, 21, 25, 28, 29, 30, 37, and 38, Education
Code, apply beginning with the 2025-2026 school year.
(b) Section 21.0032, Education Code, as added by this Act,
and Section 21.402, Education Code, as amended by this Act, apply
beginning with the 2026-2027 school year.
SECTION 4.02. (a) Except as provided by Subsection (b) of
this section, this Act takes effect September 1, 2025.
(b) The changes made by this Act to Chapters 7, 8, 12A, 19,
21, 25, 28, 29, 30, 37, and 38, Education Code, and Section 48.283,
Education Code, take effect immediately if this Act receives a vote
of two-thirds of all the members elected to each house, as provided
by Section 39, Article III, Texas Constitution. If this Act does
not receive the vote necessary for immediate effect, those changes
take effect September 1, 2025.
Monitoring 
