Texas 2019 - 86th Regular

Texas House Bill HB3581 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R9576 MP-F
2	2	By: Meyer H.B. No. 3581
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the special education allotment and the creation of a
8	8	supported education allotment under the Foundation School Program
9	9	and to instructional arrangements for students with disabilities
10	10	enrolled in public schools.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 8.051(d), Education Code, is amended to
13	13	read as follows:
14	14	(d) Each regional education service center shall maintain
15	15	core services for purchase by school districts and campuses. The
16	16	core services are:
17	17	(1) training and assistance in:
18	18	(A) teaching each subject area assessed under
19	19	Section 39.023; and
20	20	(B) providing instruction in personal financial
21	21	literacy as required under Section 28.0021;
22	22	(2) training and assistance in providing each program
23	23	that qualifies for a funding allotment under Section 42.151,
24	24	42.1511, 42.152, 42.153, or 42.156;
25	25	(3) assistance specifically designed for a school
26	26	district or campus assigned an unacceptable performance rating
27	27	under Section 39.054;
28	28	(4) training and assistance to teachers,
29	29	administrators, members of district boards of trustees, and members
30	30	of site-based decision-making committees;
31	31	(5) assistance specifically designed for a school
32	32	district that is considered out of compliance with state or federal
33	33	special education requirements, based on the agency's most recent
34	34	compliance review of the district's special education programs; and
35	35	(6) assistance in complying with state laws and rules.
36	36	SECTION 2. Section 29.002, Education Code, is amended to
37	37	read as follows:
38	38	Sec. 29.002. DEFINITION. In this subchapter, "special
39	39	services" means:
40	40	(1) special education instruction and supports[,
41	41	which may be] provided by professional personnel, who may be [and]
42	42	supported by paraprofessional personnel in providing the
43	43	instruction and supports, in a [the regular] classroom or in an
44	44	alternative instructional arrangement [described by Section
45	45	42.151]; and
46	46	(2) related services, which are developmental,
47	47	corrective, supportive, or evaluative services, not instructional
48	48	in nature, that may be required for the student to benefit from
49	49	special education instruction and for implementation of a student's
50	50	individualized education program.
51	51	SECTION 3. Subchapter A, Chapter 29, Education Code, is
52	52	amended by adding Section 29.0021 to read as follows:
53	53	Sec. 29.0021. INSTRUCTIONAL ARRANGEMENTS. The State Board
54	54	of Education shall adopt rules regarding instructional
55	55	arrangements used with students with disabilities.
56	56	SECTION 4. Section 29.014(d), Education Code, is amended to
57	57	read as follows:
58	58	(d) The basic allotment for a student enrolled in a district
59	59	to which this section applies is adjusted by:
60	60	(1) the cost of education adjustment under Section
61	61	42.102 for the school district in which the district is
62	62	geographically located; and
63	63	(2) the applicable weight for the [a homebound]
64	64	student under Section 42.151(a).
65	65	SECTION 5. Section 29.022(u)(3), Education Code, is amended
66	66	to read as follows:
67	67	(3) "Self-contained classroom" does not include a
68	68	classroom that is a resource room, as determined by the State Board
69	69	of Education [instructional arrangement under Section 42.151].
70	70	SECTION 6. Section 42.101(a), Education Code, is amended to
71	71	read as follows:
72	72	(a) For each student in average daily attendance, not
73	73	including the time students spend each day in [special education
74	74	programs in an instructional arrangement other than mainstream or]
75	75	career and technology education programs, for which an additional
76	76	allotment is made under Subchapter C, a district is entitled to an
77	77	allotment equal to the lesser of $4,765 or the amount that results
78	78	from the following formula:
79	79	A = $4,765 X (DCR/MCR)
80	80	where:
81	81	"A" is the allotment to which a district is entitled;
82	82	"DCR" is the district's compressed tax rate, which is the
83	83	product of the state compression percentage, as determined under
84	84	Section 42.2516, multiplied by the maintenance and operations tax
85	85	rate adopted by the district for the 2005 tax year; and
86	86	"MCR" is the state maximum compressed tax rate, which is the
87	87	product of the state compression percentage, as determined under
88	88	Section 42.2516, multiplied by $1.50.
89	89	SECTION 7. Section 42.151, Education Code, is amended by
90	90	amending Subsections (a) and (k) and adding Subsection (a-1) to
91	91	read as follows:
92	92	(a) For each student in average daily attendance in a
93	93	special education program under Subchapter A, Chapter 29, [in a
94	94	mainstream instructional arrangement,] a school district is
95	95	entitled to an annual allotment equal to the adjusted basic
96	96	allotment multiplied by [1.1. For each full-time equivalent student
97	97	in average daily attendance in a special education program under
98	98	Subchapter A, Chapter 29, in an instructional arrangement other
99	99	than a mainstream instructional arrangement, a district is entitled
100	100	to an annual allotment equal to the adjusted basic allotment
101	101	multiplied by a weight determined according to instructional
102	102	arrangement as follows]:
103	103	(1) 1.1, if, on average, the student receives special
104	104	services for a period of less than 15 minutes per school day;
105	105	(2) 1.8, if, on average, the student receives special
106	106	services for a period of at least 15 minutes and not more than three
107	107	hours per school day; and
108	108	(3) 2.4, if, on average, the student receives special
109	109	services for a period of more than three hours per school day.
110	110	[Homebound5.0
111	111	[Hospital class3.0
112	112	[Speech therapy5.0
113	113	[Resource room3.0
114	114	[Self-contained, mild and moderate, regular campus3.0
115	115	[Self-contained, severe, regular campus3.0
116	116	[Off home campus2.7
117	117	[Nonpublic day school1.7
118	118	[Vocational adjustment class2.3]
119	119	(a-1) In this section, "special services" has the meaning
120	120	assigned by Section 29.002.
121	121	(k) A school district that provides an extended year program
122	122	required by federal law for special education students who may
123	123	regress is entitled to receive funds in an amount equal to 75
124	124	percent, or a lesser percentage determined by the commissioner, of
125	125	the adjusted basic allotment or adjusted allotment, as applicable,
126	126	for each [full-time equivalent] student in average daily
127	127	attendance, multiplied by the applicable weight for the student
128	128	[amount] designated [for the student's instructional arrangement]
129	129	under this section, for each day the program is provided divided by
130	130	the number of days in the minimum school year. The total amount of
131	131	state funding for extended year services under this section may not
132	132	exceed $10 million per year. A school district may use funds
133	133	received under this section only in providing an extended year
134	134	program.
135	135	SECTION 8. Subchapter C, Chapter 42, Education Code, is
136	136	amended by adding Section 42.1511 to read as follows:
137	137	Sec. 42.1511. SUPPORTED EDUCATION ALLOTMENT. (a) For each
138	138	student in average daily attendance who receives aids,
139	139	accommodations, or services to provide the student access to the
140	140	required curriculum under Section 28.002 in accordance with a plan
141	141	created for the student under Section 504, Rehabilitation Act of
142	142	1973 (29 U.S.C. Section 794), a school district is entitled to an
143	143	annual allotment equal to the district's adjusted basic allotment
144	144	multiplied by:
145	145	(1) 1.1, if, on average, the student receives those
146	146	aids, accommodations, or services for a period of less than 15
147	147	minutes per school day; and
148	148	(2) 1.8, if, on average, the student receives those
149	149	aids, accommodations, or services for a period of at least 15
150	150	minutes per school day.
151	151	(b) Funds allotted under this section must be used to
152	152	provide aids, accommodations, or services, as applicable, to
153	153	students for whom a plan has been created under Section 504,
154	154	Rehabilitation Act of 1973 (29 U.S.C. Section 794), or to provide
155	155	related programs for educator professional development and
156	156	certification.
157	157	(c) A school district may not receive an allotment under
158	158	this section for a student for whom the district is entitled to an
159	159	allotment under Section 42.151.
160	160	SECTION 9. Sections 42.151(b), (c), (d), (e), and (f),
161	161	Education Code, are repealed.
162	162	SECTION 10. Not later than September 1, 2020, the State
163	163	Board of Education shall adopt rules as required by Section
164	164	29.0021, Education Code, as added by this Act.
165	165	SECTION 11. (a) Except as provided by Subsection (b) of
166	166	this section, this Act takes effect September 1, 2020.
167	167	(b) Section 29.0021, Education Code, as added by this Act,
168	168	takes effect September 1, 2019.