By: Jetton H.B. No. 3781
A BILL TO BE ENTITLED
AN ACT
relating to special education in public schools, including the
special education allotment under the Foundation School Program, an
education savings account program for certain children with
disabilities, and a grant program to reimburse public schools for
the cost of certain employer contributions for retirees of the
Teacher Retirement System of Texas employed to teach special
education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Effective September 1, 2024, 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. Chapter 22, Education Code, is amended by adding
Subchapter E to read as follows:
SUBCHAPTER E. RETIRED SPECIAL EDUCATION TEACHER GRANT PROGRAM
Sec. 22.151. RETIRED SPECIAL EDUCATION TEACHER GRANT
PROGRAM. (a) From money appropriated or otherwise available for
the purpose, the commissioner shall establish a grant program to
reimburse school districts and open-enrollment charter schools for
the cost of required contributions under Section 825.4092,
Government Code, for the employment of a retiree hired to:
(1) teach special education; or
(2) provide services related to special education.
(b) A grant received under the program may only be used for
the cost of required contributions for the employment of a retiree:
(1) who retired before September 1, 2022; or
(2) as provided by the General Appropriations Act.
(c) If the amount of grant requests under the program
exceeds the amount appropriated or otherwise available for the
purpose, the commissioner shall proportionately reduce the amount
of each grant.
SECTION 3. 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 4. 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 the 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 5. 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 6. Subchapter A, Chapter 29, Education Code, is
amended by adding Section 29.0055 to read as follows:
Sec. 29.0055. LOCAL INTELLECTUAL AND DEVELOPMENTAL
DISABILITY AUTHORITY INFORMATION. At the meeting at which a child's
initial individualized education program is developed, the school
district shall provide to the child's parent the contact
information for the local intellectual and developmental
disability authority for the region in which the district is
located for use in discussing services or public benefits that may
provide additional support to the child.
SECTION 7. 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) At an admission, review, dismissal meeting
when residential placement is discussed, the school district shall
provide to the child's parent or legal guardian the information
regarding state supported living centers developed under
Subsection (b) for use in discussing possible residential options.
(b) The Health and Human Services Commission, in
collaboration with the agency and stakeholders representing the
full continuum of educational residential placement options, shall
develop materials to be provided to a parent of a child who may
qualify for placement in a state supported living center.
(c) The agency shall make the materials developed under
Subsection (b) available for school districts.
SECTION 8. 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, 2027.
SECTION 9. 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 10. 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 11. Effective September 1, 2024, 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 12. Section 29.018, Education Code, is amended by
adding Subsection (g) to read as follows:
(g) This section expires September 1, 2026.
SECTION 13. 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 14. 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 40 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 15. Section 29.026(i), Education Code, is amended
to read as follows:
(i) A program selected to receive a grant under this section
is [The commissioner shall select programs and award grant funds to
those programs beginning in the 2018-2019 school year. The
selected programs are] to be funded for two years.
SECTION 16. Section 29.027(d), Education Code, is amended
to read as follows:
(d) A grant under this section is [The commissioner shall
select grant recipients and award grant funds beginning in the
2021-2022 school year. The grants are] to be awarded for two years.
SECTION 17. Subchapter A, Chapter 29, Education Code, is
amended by adding Section 29.029 to read as follows:
Sec. 29.029. SUPPORTS FOR RECRUITING SPECIAL EDUCATION
STAFF. (a) From funds 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 18. 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 19. 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 20. Sections 29.042(a), (c), and (d) 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 accordance with Section 48.305 [of not more
than $1,500] to purchase supplemental [special education] services
and supplemental [special education] instructional materials.
(c) [The commissioner shall set aside an amount not to
exceed $30 million from the total amount of funds appropriated 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].
[(d)] The agency shall designate one or more regional
education service centers to administer the program.
SECTION 21. 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 22. 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 23. 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 24. 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 25. 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 or Section 48.305 is final and
may not be appealed.
SECTION 26. 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 27. Section 29.315, Education Code, is amended to
read as follows:
Sec. 29.315. TEXAS SCHOOL FOR THE DEAF MEMORANDUM OF
UNDERSTANDING. The agency [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 28. 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 29. Chapter 29, Education Code, is amended by
adding Subchapter J to read as follows:
SUBCHAPTER J. EDUCATION SAVINGS ACCOUNT PROGRAM
Sec. 29.351. DEFINITIONS. In this subchapter:
(1) "Account" means an education savings account
established under the program.
(2) "Child with a disability" means a child who is:
(A) eligible to participate in a school
district's special education program under Section 29.003; or
(B) covered by Section 504, Rehabilitation Act of
1973 (29 U.S.C. Section 794).
(3) "Curriculum" means a complete course of study for
a particular content area or grade level.
(4) "Financial institution" means a bank, credit
union, savings bank, or savings and loan association organized
under the laws of this state, the laws of another state, or federal
law that has its main office or a branch office in this state. The
term does not include any institution the deposits of which are not
insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration.
(5) "Institution of higher education" and "private or
independent institution of higher education" have the meanings
assigned by Section 61.003.
(6) "Parent" means a resident of this state who is a
natural or adoptive parent, managing or possessory conservator,
legal guardian, custodian, or other person with legal authority to
act on behalf of a child.
(7) "Program" means the education savings account
program established under this subchapter.
(8) "Program participant" means a child and a parent
of a child enrolled in the program.
Sec. 29.352. PURPOSES. The purposes of the education
savings account program are to:
(1) improve public schools and overall academic
performance;
(2) promote efficiency;
(3) promote and preserve the liberties and rights of
the people; and
(4) increase parental choice in learning
opportunities and supports.
Sec. 29.353. ESTABLISHMENT OF PROGRAM. (a) The agency
shall establish and administer an education savings account
program to provide funding for certain education-related expenses
of eligible children.
(b) The agency shall ensure that information about the
program is readily available to parents of children with
disabilities and the public through various sources, including the
agency's Internet website. The information made available to
parents of children with disabilities must include a notice that:
(1) states that a private school is not subject to laws
regarding the provision of educational services in the same manner
as a public school, and a child with a disability attending a
private school may not receive the services a child with a
disability attending a public school is entitled to receive under
federal and state law;
(2) provides information regarding rights to which a
child with a disability is entitled under federal and state law if
the child attends a public school, including:
(A) rights provided under the Individuals with
Disabilities Education Act (20 U.S.C. Section 1400 et seq.),
including:
(i) an individualized education program
that provides a free and appropriate public education;
(ii) educational services provided in the
least restrictive environment;
(iii) instruction from certified teachers;
(iv) dispute resolution options Section to
ensure proper and full implementation of an individualized
education program;
(v) transition and planning services; and
(vi) supplementary aids and services;
(B) rights provided under Subchapter A; and
(C) other rights provided under federal or state
law; and
(3) provides information regarding the program,
including:
(A) the operation of an account;
(B) expenses allowed under Section 29.357 and the
consequences for using money in an account on expenses that are not
allowed under that section; and
(C) common service offerings.
Sec. 29.354. ELIGIBLE CHILD. (a) A child is eligible to
participate in the program if the child:
(1) is a child with a disability;
(2) is eligible to attend a public school under
Section 25.001; and
(3) meets at least one of the following criteria:
(A) was enrolled in a public school in this state
for a period of at least six weeks during the preceding or current
school year;
(B) was required to attend school under Section
25.085 for a period of less than six weeks during the preceding and
current school year due to the child's age or nonresidence in this
state; or
(C) participated in the program during the
preceding school year.
(b) A child who establishes eligibility under this section
may participate in the program until the earliest of the following
dates:
(1) the date on which the child graduates from high
school;
(2) the date on which the child is no longer eligible
to attend a public school under Section 25.001;
(3) the date on which the child enrolls in a public
school, including an open-enrollment charter school; or
(4) the date on which the child is declared ineligible
for the program by the commissioner under this subchapter.
(c) Notwithstanding Subsection (b), the commissioner shall
establish a process for, in the least disruptive manner possible:
(1) a child participating in the program to cease
participation and enroll in a public school, including an
open-enrollment charter school; and
(2) a child who previously participated in the program
and subsequently enrolled in a public school, including an
open-enrollment charter school, to resume participation in the
program.
Sec. 29.355. ENROLLMENT IN PROGRAM. (a) A parent of an
eligible child may enroll the child in the program for the following
school year.
(b) The commissioner shall by rule create an enrollment
application for the program and make the enrollment application
readily available to interested parents through various sources,
including the agency's Internet website. An enrollment application
for the program must be submitted to the commissioner
electronically.
(c) The commissioner shall post on the agency's Internet
website and provide to each parent who submits an enrollment
application a publication that describes the operation of the
program, including:
(1) expenses allowed under the program under Section
29.357;
(2) expense reporting requirements; and
(3) a description of the responsibilities of program
participants and the duties of the commissioner under this
subchapter.
(d) The commissioner shall provide to each parent who
submits an enrollment application a written copy of the notice
described by Section 29.353(b). Before the parent may receive
funding under the program, the parent must sign an acknowledgment
of receipt and understanding of the notice and return the signed
acknowledgment to the commissioner.
Sec. 29.356. PARTICIPATION IN PROGRAM. (a) To receive
funding under the program, a parent of an eligible child must agree
to:
(1) spend funds received through the program only for
expenses allowed under Section 29.357;
(2) notify the commissioner if the child enrolls in a
public school, including an open-enrollment charter school, not
later than the 30th day after the date of enrollment;
(3) provide to the commissioner information necessary
to determine the child's eligibility and the amount to which the
child is entitled under the program;
(4) ensure that the child's quality of learning is
appropriately measured in accordance with Subsection (d) and
commissioner rule and report the results to the agency; and
(5) inform the commissioner if the child graduates
from high school.
(b) The parent of a child participating in the program is
the trustee of the child's account.
(c) The commissioner shall provide annually to each program
participant the publication provided under Section 29.355(c).
(d) The commissioner shall adopt a list of approved
instruments that allow for a comparison between the quality of
educational attainment for a child participating in the program and
for students in other educational placements. To the extent
practicable, the list must include nationally norm-referenced
assessments and assessment instruments adopted under Section
39.023. A child's performance on an instrument approved under this
subsection for measuring a child's quality of learning may not be
considered in determining the child's eligibility to participate in
the program.
Sec. 29.357. APPROVED EDUCATION-RELATED EXPENSES. (a)
Funds received under the program may be used only for the following
expenses incurred by a program participant:
(1) tuition and fees:
(A) at a private school accredited by an entity
recognized by the commissioner as an accrediting entity for private
schools in this state;
(B) at an institution of higher education or a
private or independent institution of higher education;
(C) for an online educational course or program;
or
(D) for a program that provides training for an
industry-based certification;
(2) the purchase of textbooks or other instructional
materials required by a school, institution, course, or program
described by Subdivision (1) in which the child is enrolled;
(3) fees for classes or other educational services
provided by a public school, including an open-enrollment charter
school, if the classes or services do not qualify the child to be
included in the school's average daily attendance;
(4) fees for services provided by a private tutor or
teaching service;
(5) fees paid to a vendor for transportation to and
from school, not to exceed $500 per year;
(6) fees for educational therapies or services
provided by a practitioner or provider;
(7) costs of computer hardware and software and other
technological devices prescribed to facilitate a child's education
by a physician, therapist, or other licensed service provider;
(8) fees for a nationally norm-referenced achievement
test or examination, an assessment instrument adopted under Section
39.023, an advanced placement test or similar examination, an
examination related to college or university admission, or any
other instrument included on the agency's list under Section
29.356(d);
(9) fees for the management of the participant's
account charged by a financial institution;
(10) costs of breakfast or lunch provided to a child
during the school day by a private school;
(11) the purchase of school uniforms required by a
private school;
(12) costs of a school-age program, as defined by
Section 42.002, Human Resources Code; and
(13) costs of a youth camp licensed under Chapter 141,
Health and Safety Code, that provides educational services.
(b) Expenses allowed under Subsection (a) do not include
expenses for:
(1) consumable supplies, including paper, pens,
pencils, folders, and notebooks; or
(2) food, other than breakfast or lunch as authorized
under Subsection (a)(10).
(c) Any money remaining in a program participant's account
on the child's graduation from high school may be used by the child
for tuition, fees, textbooks, and other instructional materials to
attend or take courses from an institution of higher education or a
private or independent institution of higher education.
(d) An education service provider or vendor of educational
products must provide a program participant with a receipt for each
expense allowed under Subsection (a) charged by the provider or
vendor to the participant.
(e) The content, subject to Section 29.364(c), or religious
nature of a product or service may not be considered in determining
whether a payment for the product or service is an expense allowed
under Subsection (a).
(f) A finding that a program participant used funds
distributed under the program to pay for an expense not allowed
under Subsection (a) does not affect the validity of any payment
made by the participant for an expense that is allowed under that
subsection.
Sec. 29.358. AMOUNT OF PAYMENT; FINANCING. (a) A parent of
an eligible child shall receive each year that the child
participates in the program a payment from the state to the child's
account in an amount in accordance with Section 48.306.
(b) Money in an account may not be considered to be the
property of a program participant and may be spent only in
accordance with this subchapter.
(c) Any funds remaining in a child's account at the end of a
fiscal year are carried forward to the next fiscal year unless
another provision of this subchapter mandates the closure of the
account.
(d) The parent of a child participating in the program may
make payments for the expenses of educational programs, services,
and products not covered by funds in the child's account.
Sec. 29.359. ADMINISTRATION OF ACCOUNTS. (a) The
commissioner may contract with one or more financial institutions
or other entities that accept fiduciary responsibility to establish
and manage an account for each child participating in the program.
A program participant must be able to access the participant's
account by using an online or electronic transfer payment service.
(b) The commissioner shall make quarterly payments to each
program participant's account in equal amounts, with the first
payment for each school year made on September 1 and the remaining
payments made on or before the 15th days of November, February, and
May.
(c) After the end of each fiscal year, the commissioner
shall reconcile payments made to and from all accounts under the
program.
(d) On the earlier of the child's 26th birthday or the sixth
anniversary of the child's graduation from high school, the child's
account is closed and any remaining funds are returned to the state.
(e) The commissioner may contract with an entity to
administer all or any part of the program.
(f) An entity responsible for managing accounts:
(1) shall ensure that each expenditure from an account
is for an expense allowed under Section 29.357; and
(2) may require a program participant to submit any
information necessary to make the determination described by
Subdivision (1).
Sec. 29.360. RANDOM AUDITING OF ACCOUNTS. (a) The
commissioner may randomly audit accounts as necessary to ensure
compliance with applicable law and the requirements of the program.
The commissioner may contract with another entity to audit accounts
under this section.
(b) In auditing an account, the commissioner or an entity
contracted to audit accounts under this section may require that a
program participant provide further information and documentation
regarding any payment from the participant's account.
(c) An entity contracted to audit accounts under this
section shall report to the commissioner any violation of this
subchapter or other relevant law found by the entity during an audit
conducted under this section.
Sec. 29.361. SUSPENSION OF ACCOUNT. (a) The commissioner
shall suspend the account of a program participant who fails to
comply with applicable law or a requirement of the program,
including a requirement under Section 29.356(a), or who
substantially misuses funds received under the program.
(b) On suspension of an account under Subsection (a), the
commissioner shall notify the program participant in writing that
the account has been suspended and that no further payments may be
made from the account. The notification must specify the grounds
for the suspension and state that the participant has 10 business
days to respond and take any corrective action required by the
commissioner.
(c) On the expiration of the 10-day period under Subsection
(b), the commissioner shall:
(1) order permanent closure of the suspended account
and declare the program participant ineligible for the program;
(2) order temporary reinstatement of the account,
conditioned on the performance of a specified action by the
participant; or
(3) order full reinstatement of the account.
(d) The commissioner may recover funds distributed under
the program that were used for expenses not allowed under Section
29.357(a) from the program participant or the entity that received
the funds if the participant's account is suspended or closed under
this section.
Sec. 29.362. LIMITATION ON AMOUNTS CHARGED; REFUND
PROHIBITED. (a) An education service provider may not:
(1) charge a child participating in the program an
amount greater than the standard amount charged for that service by
the provider; or
(2) increase the amount charged to a child
participating in the program for a service:
(A) if the total amount charged to the child for
that service by the provider during the preceding year was less than
two-thirds of the amount deposited in the child's account for that
year, to an amount that exceeds two-thirds of the amount deposited
in the child's account for the current year; or
(B) if the total amount charged to the child for
that service by the provider during the preceding year was
two-thirds or more of the amount deposited in the child's account
for that year, by more than five percent of the amount charged to
the child for that service by the provider during the preceding
year.
(b) An education service provider or a vendor of educational
products receiving funds distributed under the program may not in
any manner rebate, refund, or credit to or share with a program
participant, or any person on behalf of a participant, any program
funds paid or owed by the participant to the provider or vendor.
Sec. 29.363. REFERRAL TO ATTORNEY GENERAL. (a) If the
commissioner obtains evidence of fraudulent use of an account, the
commissioner may refer the case to the attorney general for
investigation.
(b) With the consent of the appropriate local county or
district attorney, the attorney general has concurrent
jurisdiction with the consenting local prosecutor to prosecute an
offense referred to the attorney general under Subsection (a).
Sec. 29.364. PROVIDER ACCOUNTABILITY. (a) To receive
funds distributed under the program, a private school must be
accredited by an entity recognized by the commissioner as an
accrediting entity for private schools in this state.
(b) To receive funds distributed under the program, an
education service provider that provides a full course load to a
child participating in the program must administer to the child an
instrument included on the list adopted by the commissioner under
Section 29.356(d) and report the results to the agency.
(c) A practitioner or provider who provides educational
therapies or services must be licensed or accredited by a regional
or national accrediting organization to receive funds distributed
under the program.
(d) A private tutor, teaching service, online educational
course or program provider, or industry-based certification
training provider must apply to and be approved by the agency to
receive funds distributed under the program.
(e) To be eligible for approval under Subsection (d), a
private tutor or each employee of a teaching service who intends to
provide educational services to a program participant must:
(1) complete a national criminal history record
information review; or
(2) provide to the agency documentation indicating
that the tutor or employee, as applicable, has completed a national
criminal history record information review within a period
established by commissioner rule.
(f) The agency shall review the national criminal history
record information or documentation for each private tutor or
employee of a teaching service who submits an application under
Subsection (d). The tutor or employee must provide the agency with
any information requested by the agency to enable the agency to
complete the review.
(g) The agency shall maintain and post on the agency's
Internet website a list of private tutors, teaching services,
online educational course or program providers, and industry-based
certification training providers approved to receive funds
distributed under the program.
(h) A private tutor, teaching service, online educational
course or program provider, or industry-based certification
training provider may appeal the agency's rejection of an
application submitted under Subsection (d). The agency shall
review the application and make a recommendation to the
commissioner regarding whether to approve or reject the
application. A decision of the commissioner under this section is
final and may not be appealed.
Sec. 29.365. PROGRAM PARTICIPANT, PROVIDER, AND VENDOR
AUTONOMY. (a) An education service provider or vendor of
educational products that receives funds distributed under the
program is not an agent of the state.
(b) Except as provided by this subchapter, the
commissioner, the agency, the State Board of Education, any other
state agency, or any school district may not:
(1) regulate the educational program of an education
service provider or vendor of educational products that receives
funds distributed under the program; or
(2) exercise control or supervision over a program
participant or an education service provider or vendor of
educational products that receives funds distributed under the
program.
(c) The program does not expand the regulatory authority of
the state or any school district to impose any additional
regulation on an education service provider or vendor of
educational products except those reasonably necessary to enforce
the program as provided by this subchapter.
(d) A private school may not be required to modify the
school's creed, practices, admissions policies, curriculum,
performance standards, or assessments to receive funds distributed
under the program.
(e) A private school voluntarily selected by a parent for
the parent's child to attend, with or without governmental
assistance, may not be required to comply with any state law or rule
governing the applicable educational program that was not in effect
on January 1, 2023.
(f) In any 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 that the rule:
(1) is necessary to implement or enforce the program
as provided by this subchapter; and
(2) does not impose an undue burden on a program
participant or an education service provider or vendor of
educational products that receives or seeks to receive funds
distributed under the program.
Sec. 29.366. STUDENT RECORDS AND INFORMATION. On request
by the parent of a child participating in the program, the school
district or open-enrollment charter school that the child would
otherwise attend shall provide a copy of the child's school records
possessed by the district or school, if any, to the child's parent
or, if applicable, the private school the child attends.
Sec. 29.367. ANNUAL SURVEY. The commissioner may conduct
an annual parental satisfaction survey that asks each parent of a
child participating in the program to express:
(1) the parent's overall level of satisfaction with
the program; and
(2) the parent's opinion on specified topics and
issues relevant to the effectiveness of the program.
Sec. 29.368. DETERMINATION OF COMMISSIONER FINAL.
Notwithstanding Section 7.057, a determination of the commissioner
regarding eligibility or the approval of expenses under this
subchapter or funding under Section 48.306 is final and may not be
appealed.
Sec. 29.369. RULES. The commissioner shall:
(1) adopt rules as necessary to implement this
subchapter, including:
(A) rules regarding eligibility determination,
expense reporting requirements for program participants, and
approval of expenses, including appeals of agency determinations on
those issues;
(B) rules for measuring the quality of learning
for a child participating in the program; and
(C) rules for implementing this subchapter in a
manner that ensures compliance with federal law regarding
confidentiality of student educational information, including the
Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
Section 1232g); and
(2) coordinate as necessary to:
(A) calculate annually the savings to the state
from the implementation of the program; and
(B) prevent fraud in financial transactions
under the program, including by adopting measures to permit
anonymous fraud reporting by telephone hotline or online
communication.
Sec. 29.370. GIFTS, GRANTS, AND DONATIONS. The
commissioner may solicit and accept gifts, grants, and donations
from any public or private source for any expenses related to the
administration of the program, including the initial
implementation of the program and making payments to a program
participant's account.
SECTION 30. 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 supports, including special
seats, books, instructional media, and other supplemental supplies
and services required for proper instruction.
SECTION 31. Section 30.002(g), Education Code, is amended
to read as follows:
(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 32. 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 agency [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 33. 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 45.019,
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 34. Effective September 1, 2024, Section 48.005,
Education Code, is amended by adding subsection (o) to read as
follows:
(o) The commissioner shall define enrollment for funding
purposes under this title. For purposes of calculating eligibility
and funding amounts of allotments under this chapter and Chapter
46, a reference to a student means a student in enrollment at the
school district unless otherwise indicated.
SECTION 35. Effective September 1, 2024, 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 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 36. Effective September 1, 2024, Section 48.102,
Education Code, is amended to read as follows:
Sec. 48.102. SPECIAL EDUCATION. (a) For each student 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]. [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]
(a-1) Notwithstanding Subsection (a), for the 2024-2025 and
2025-2026 school years, the amount of an allotment under this
section shall be determined in accordance with Section 48.1023.
This subsection expires September 1, 2026.
(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 37. Effective September 1, 2024, Subchapter C,
Chapter 48, Education Code, is amended by adding Section 48.1021 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 2024-2025 and
2025-2026 school years, the amount of an allotment under this
section shall be determined in accordance with Section 48.1023.
This subsection expires September 1, 2026.
(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.
SECTION 38. Subchapter C, Chapter 48, Education Code, is
amended by adding Sections 48.1022 and 48.1023 to read as follows:
Sec. 48.1022. SPECIAL EDUCATION FULL INDIVIDUAL AND INITIAL
EVALUATION. For each student 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 $500 or a greater amount provided by appropriation.
Sec. 48.1023. SPECIAL EDUCATION TRANSITION FUNDING. (a)
For the 2024-2025 and 2025-2026 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 2024-2025 and 2025-2026 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 January 1, 2023.
(c) For the 2026-2027 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 2024-2025 or for the 2025-2026 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 January 1, 2023; 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, 2028.
SECTION 39. Section 48.103(c), Education Code, is amended
to read as follows:
(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 40. 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 41. 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 students who receive special
education services is entitled to a state allocation at a [paid on a
previous year's cost-per-mile basis. The] rate of $1.13 per mile 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
students who receive special education services. 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 42. Subchapter D, Chapter 48, Education Code, is
amended by adding Section 48.159 to read as follows:
Sec. 48.159. SPECIAL EDUCATION CERTIFICATION ALLOTMENT.
(a) For each classroom teacher or educational diagnostician
employed by a school district who, during the preceding year,
became certified under Subchapter B, Chapter 21, to teach special
education or as an educational diagnostician, as applicable, the
district is entitled to an allotment in the amount of the teacher's
or diagnostician's certification fee.
(b) A school district shall use an allotment received under
this section to provide a stipend in the amount of the allotment to
the classroom teacher or educational diagnostician for whom the
district received the allotment. A stipend received by a classroom
teacher under this subsection is not considered in determining
whether the district is paying the teacher the minimum monthly
salary under Section 21.402.
SECTION 43. 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 44. 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 45. Subchapter G, Chapter 48, Education Code, is
amended by adding Sections 48.304, 48.305, 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. 48.305. PARENT-DIRECTED SERVICES FOR STUDENTS
RECEIVING SPECIAL EDUCATION SERVICES STUDENTS GRANT. (a) A
student to whom the agency awards a grant under Subchapter A-1,
Chapter 29, is entitled to receive an amount equal to $1,500 or a
greater amount by appropriation.
(b) The agency shall use money appropriated to the agency
for purposes of this section to award grants under Subchapter A-1,
Chapter 29.
(c) A student may receive one grant under Subchapter A-1,
Chapter 29. A student may receive an additional grant if the
legislature appropriates money for the additional grant in the
General Appropriations Act.
Sec. 48.306. EDUCATION SAVINGS ACCOUNT FUNDING. (a) A
person enrolled in the education savings account program
established under Subchapter J, Chapter 29, is entitled to a
deposit to the person's education savings account in an amount
equal to the sum of $7,250 and:
(1) $1,500, if the child is educationally
disadvantaged;
(2) $1,400, if the child has not previously
participated in a school district's special education program under
Section 29.003; and
(3) if the child has previously participated in a
school district's special education program under Section 29.003,
the amount of funding for special education services the district
was entitled to receive for the child under Subchapters B and C,
Chapter 48, for the most recent school year in which the child
participated in the district's special education program.
(b) A greater amount may be provided by appropriation or by
the agency from money available for the purpose.
.
(c) The agency shall use money appropriated to the agency
for purposes of this section to make deposits to education savings
accounts under Subchapter J, Chapter 29.
(d) A payment under Subsection (a) may not be financed using
federal funds or money appropriated from the permanent school fund
or the available school fund.
SECTION 46. Section 411.0901, Government Code, is amended
by adding Subsection (a-1) to read as follows:
(a-1) The Texas Education Agency is entitled to obtain
criminal history record information maintained by the department
about a person who is a private tutor or an employee of a teaching
service who intends to provide educational services to a child
participating in the program established under Subchapter J,
Chapter 29, Education Code, and is seeking approval to receive
funds distributed under that program.
SECTION 47. Section 825.4092(f), Government Code, as added
by Chapter 546 (S.B. 202), Acts of the 87th Legislature, Regular
Session, 2021, is amended to read as follows:
(f) A reporting employer is ultimately responsible for
payment of the amounts required to be contributed under Subsections
(b) and (c). The employer may not directly or indirectly pass that
cost on to the retiree through payroll deduction, by imposition of a
fee, or by any other means designed to recover the cost. This
subsection does not apply to contributions required for a retiree
employed by a school district or open-enrollment charter school to
teach special education.
SECTION 48. The following provisions of the Education Code
are repealed:
(1) Section 29.002;
(2) Sections 29.026(n) and (o);
(3) Section 29.027(i); and
(4) Section 29.050.
SECTION 49. Subchapter E, Chapter 22, Education Code, as
added by this Act, Chapter 29, Education Code, as amended by this
Act, and Section 825.4092(f), Government Code, as amended by this
Act, apply beginning with the 2023-2024 school year.
SECTION 50. (a) Except as provided by Subsection (b) of
this section and as otherwise provided by this Act, this Act takes
effect immediately if it 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 September 1,
2023.
(b) The amendments by this Act to Chapter 48, Education
Code, except as otherwise provided by this Act, take effect
September 1, 2023.