Bettencourt Bill Gives Special Education Parents $1,500 Grants For Private Services

The text as introduced · 11,458 words

89R1978 KJE-F

By: Bettencourt, et al.
S.B. No. 568

A BILL TO BE ENTITLED

AN ACT

relating to special education in public schools, including funding

for special education under the Foundation School Program.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. 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, 48.104, 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 2. 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 [ 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 [ agency ] shall focus on

maximizing student outcomes and include [ also develop and implement

a statewide plan with programmatic content that includes procedures

designed to ]:

(1) rulemaking, technical assistance, guidance

documents, monitoring protocols, 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 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

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) [ (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 ];

(D) [ (9) ensure that ] each student with a

disability is provided necessary related services;

(E) [ (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

(F) [ (11) ensure that ] each district develops a

process to be used by a teacher who instructs a student with a

disability in a 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. 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 4. 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 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 or is

deaf or hard of hearing 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 five 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 5. Sections 29.005(d) and (e), Education Code, are

amended to read as follows:

(d) If the child's parent primarily uses a language or mode

of communication other than [ is unable to speak ] English, the

district shall:

(1) if the parent primarily uses Spanish, 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 native language ]; or

(2) if the parent primarily uses a [ parent's native ]

language or mode of communication [ 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 or

mode of communication .

(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 6. 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 7. Section 29.008, Education Code, is amended by

amending Subsections (a) and (b) and adding Subsection (a-1) to

read as follows:

(a) The commissioner shall establish a list of approved

public or private facilities, institutions, or agencies 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 placement. The commissioner may

approve either the whole or a part of a facility or program .

(a-1) Each contract described by this section [ for

residential placement ] must be approved by the commissioner. The

commissioner may approve a [ residential placement ] contract under

this section 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. ]

(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, 2029.

SECTION 8. 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 9. 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 ].

(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 graduated process of

sanctions 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 shall [ may ] range in severity and may include [ up to ] the

withholding of funds. If funds are withheld, the agency may use the

funds 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 10. Section 29.014(d), Education Code, is amended

to read as follows:

(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 11. Sections 29.022(a), (a-1), (b), (c), (c-1),

(d), (f), (h), (k), (l), (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.

(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 12. 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 13. Subchapter A, Chapter 29, Education Code, is

amended by adding Sections 29.023, 29.024, and 29.025 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.

SECTION 14. 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 15. 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 16. Sections 29.042(a) and (c), Education Code, are

amended 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 ].

SECTION 17. 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 18. 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 19. 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 20. Subchapter A-1, Chapter 29, Education Code, is

amended by adding Section 29.0475 to read as follows:

Sec. 29.0475. PROGRAM PARTICIPANT, PROVIDER, AND VENDOR

AUTONOMY. (a) A provider of supplemental services or vendor of

supplemental instructional materials that receives money

distributed under the program is not a recipient of federal

financial assistance on the basis of receiving that money.

(b) A rule adopted or action taken related to the program by

an individual, governmental entity, court of law, or program

administrator may not:

(1) consider the actions of a provider of supplemental

services, vendor of supplemental instructional materials, or

program participant to be the actions of an agent of state

government;

(2) limit:

(A) a provider of supplemental services' ability

to determine the methods used to educate the provider's students or

to exercise the provider's religious or institutional values; or

(B) a program participant's ability to determine

the participant's educational content or to exercise the

participant's religious values;

(3) obligate a provider of supplemental services or

program participant to act contrary to the provider's or

participant's religious or institutional values, as applicable;

(4) impose any regulation on a provider of

supplemental services, vendor of supplemental instructional

materials, or program participant beyond those regulations

necessary to enforce the requirements of the program; or

(5) require as a condition of receiving money

distributed under the program:

(A) a provider of supplemental services to modify

the provider's creed, practices, admissions policies, curriculum,

performance standards, employment policies, or assessments; or

(B) a program participant to modify the

participant's creed, practices, curriculum, performance standards,

or assessments.

(c) In a proceeding challenging a rule adopted by a state

agency or officer under this subchapter, the agency or officer has

the burden of proof to establish by clear and convincing evidence

that the rule:

(1) is necessary to implement or enforce the program

as provided by this subchapter;

(2) does not violate this section;

(3) does not impose an undue burden on a program

participant or a provider of supplemental services or vendor of

supplemental instructional materials that participates or applies

to participate in the program; and

(4) is the least restrictive means of accomplishing

the purpose of the program while recognizing the independence of a

provider of supplemental services to meet the educational needs of

students in accordance with the provider's religious or

institutional values.

SECTION 21. 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 22. 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 23. 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 24. 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;

(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 25. Section 29.316(c), Education Code, is amended

to read as follows:

(c) 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 percentage of the instructional day

[ arrangement used with the child, as described by Section 48.102,

including the time ] the child spends on average in a general

education setting [ 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.

SECTION 26. Section 30.001(b), Education Code, is amended

to read as follows:

(b) The commissioner, with the approval of the State Board

of Education, shall develop and implement a plan for the

coordination of services to children with disabilities in each

region served by a regional education service center. The plan

must include procedures for:

(1) identifying existing public or private

educational and related services for children with disabilities in

each region;

(2) identifying and referring children with

disabilities who cannot be appropriately served by the school

district in which they reside to other appropriate programs;

(3) assisting school districts to individually or

cooperatively develop programs to identify and provide appropriate

services for children with disabilities;

(4) expanding and coordinating services provided by

regional education service centers for children with disabilities;

and

(5) providing for special education supports

[ services ], including special seats, books, instructional media,

and other supplemental supplies and services required for proper

instruction.

SECTION 27. Sections 30.002(a), (b), (c), and (g),

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 that will ensure that

the children have an opportunity for achievement equal to the

opportunities afforded their peers with normal vision.

(b) The agency shall:

(1) develop standards and guidelines for all special

education services for children with visual impairments that it is

authorized to provide or support under this code;

(2) supervise regional education service centers and

other entities in assisting school districts in serving children

with visual impairments more effectively;

(3) develop and administer special education services

for students who both have [ with both serious ] visual [ and

auditory ] impairments and are deaf or hard of hearing ;

(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 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 with visual impairments must:

(1) adequately provide for comprehensive diagnosis

and evaluation of each school-age child with a [ serious ] visual

impairment;

(2) include the procedures, format, and content of the

individualized education program for each child with a visual

impairment;

(3) emphasize providing educational services to

children with visual impairments in their home communities whenever

possible;

(4) include 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 special needs of children 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 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 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;

(8) require the continuing education and professional

development of school district staff providing special education

services to children with visual impairments;

(9) provide for adequate monitoring and precise

evaluation of special education services provided to children with

visual impairments through school districts; and

(10) require that school districts providing special

education services to children 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 Central Media Depository for specialized

instructional materials and aids made specifically for use by

students with visual impairments;

(D) sheltered workshops participating in the

state program of purchases of blind-made goods and services; and

(E) related sources.

(g) 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 and for each student with a serious visual

disability and another medically diagnosed disability of a

significantly limiting nature who is receiving special education

services through any approved program. The supplemental allowance

may be spent only for special education services uniquely required

by the nature of the student's disabilities and may not be used in

lieu of educational funds otherwise available under this code or

through state or local appropriations.

SECTION 28. Section 30.003, Education Code, is amended by

amending Subsections (b) and (f-1) 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.

(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.

SECTION 29. 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;

(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 30. Section 30.084, Education Code, is amended to

read as follows:

Sec. 30.084. ESTABLISHMENT OF REGIONAL DAY SCHOOL PROGRAMS

FOR THE DEAF . (a) The director of services [ State Board of

Education ] shall [ apportion the state into five regions and ]

establish [ a ] regional day school programs [ program ] for the deaf

[ in each region ].

(b) The director of services shall include in the statewide

plan developed under Section 30.083 a description regarding the

manner in which regional day school programs for the deaf are

established and the parameters for those programs [ Activities of a

regional day school program for the deaf may be conducted on more

than one site ].

SECTION 31. 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 32. Section 48.051(a), Education Code, is 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 receiving

special education services 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 $6,160 or the amount that

results from the following formula:

A = $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.

SECTION 33. 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 48.1023.

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 seven 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 [ 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) [ 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 and day program placement of

[ special education ] students receiving special education services .

(d) [ 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 34. Subchapter C, Chapter 48, Education Code, is

amended by adding Sections 48.1021, 48.1022, and 48.1023 to read as

follows:

Sec. 48.1021. SPECIAL EDUCATION SERVICE GROUP ALLOTMENT.

(a) For each six-week period in which a student in a special

education program under Subchapter A, Chapter 29, receives eligible

special education services, 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 is

eligible.

(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 48.1023.

This subsection expires September 1, 2027.

(b) The commissioner by rule shall establish four service

groups for use in determining funding under this section. In

establishing the groups, the commissioner must consider the level

of services, equipment, and technology required to meet the needs

of students receiving special education services.

(c) A school district is entitled to receive an allotment

under this section for each service group for which a student is

eligible.

(d) A school district is entitled to the full amount of an

allotment under this section for a student receiving eligible

special education services during any part of a six-week period.

(e) At least 55 percent of the funds allocated under this

section must be used for a special education program under

Subchapter A, Chapter 29.

(f) 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 FULL INDIVIDUAL AND INITIAL

EVALUATION. For each student for whom a school district conducted a

full individual and initial evaluation under Section 29.004 or 20

U.S.C. Section 1414(a)(1) during the preceding school year, the

district is entitled to an allotment of $500 or a greater amount

provided by appropriation.

Sec. 48.1023. 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 may combine the methods

of funding under those sections with the method of funding provided

by Section 48.102, as it existed on September 1, 2024.

(c) For the 2027-2028 school year, the commissioner may

adjust the weights or amounts set by the legislature in the General

Appropriations Act for purposes of Section 48.102 or 48.1021.

Before making an adjustment under this subsection, the commissioner

shall notify and must receive approval from the Legislative Budget

Board.

(d) Notwithstanding any other provision of this section,

the sum of funding provided under Sections 48.102 and 48.1021 for

the 2025-2026 or for the 2026-2027 school year as adjusted under

this section may not exceed the sum of:

(1) funding that would have been provided under

Section 48.102, as it existed on September 1, 2024; and

(2) the amount set by the legislature in the General

Appropriations Act.

(e) Each school district and open-enrollment charter school

shall report to the agency information necessary to implement this

section.

(f) 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.

(g) This section expires September 1, 2029.

SECTION 35. Sections 48.103(b) and (c), 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 ].

SECTION 36. 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 37. 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 38. 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 39. 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 40. Subchapter G, Chapter 48, Education Code, is

amended by adding Sections 48.304 and 48.306 to read as follows:

Sec. 48.304. DAY PLACEMENT PROGRAM FUNDING. (a) For each

qualifying day placement program that a regional education service

center makes available in partnership with a school district,

open-enrollment charter school, or shared services arrangement,

the center is entitled to an allotment of:

(1) $250,000 for the first year of the program's

operation; and

(2) $150,000 for each year of the program's operation

after the first year.

(b) A day placement program qualifies for purposes of

Subsection (a) if:

(1) the program complies with commissioner rules

adopted under Section 48.102(c);

(2) the program offers services to students who are

enrolled at any school district or open-enrollment charter school

in the county in which the program is offered, unless the

commissioner by rule waives or modifies the requirement under this

subdivision for the program to serve all students in a county; and

(3) the agency has designated the program for service

in the county in which the program is offered and determined that,

at the time of designation, the program increases the availability

of day placement services in the county.

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 determination of the commissioner under this section

is final and may not be appealed.

SECTION 41. The following provisions of the Education Code

are repealed:

(1) Section 29.002;

(2) Section 29.0041(c);

(3) Section 29.0161; and

(4) Section 48.103(d).

SECTION 42. Chapter 29, Education Code, as amended by this

Act, applies beginning with the 2025-2026 school year.

SECTION 43. (a) Except as provided by Subsection (b) of

this section, this Act takes 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, this Act takes effect on September 1, 2025.

(b) The amendments by this Act to Chapter 48, Education

Code, take effect September 1, 2025.