By: Hinojosa H.B. No. 5288
A BILL TO BE ENTITLED
AN ACT
relating to a study by the Texas Education Agency on a
service-intensity based funding formula to replace the special
education allotment under the Foundation School Program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter G, Chapter 48, Education Code, is
amended by adding Section 48.304 to read as follows:
Sec. 48.304. STUDY ON SERVICE-INTENSITY BASED FUNDING
FORMULA FOR SPECIAL EDUCATION. (a) In this section,
"service-intensity based funding" means a method of funding special
education services that:
(1) establishes tiers of intensity of service based on
the educational arrangements and specialized services required
under a student's individual education program; and
(2) provides for an amount of funding per student
based on the tier of intensity of service appropriate for the
student.
(b) The agency shall conduct a study on a transition to
service-intensity based funding for special education services
under the Foundation School Program.
(c) The study conducted under Subsection (b) must:
(1) assess current and projected needs of students who
receive special education services in public schools;
(2) identify current shortfalls in special education
services and funding mechanisms and analyze whether
service-intensity based funding could address those shortfalls;
(3) propose a plan for the optimal implementation of a
transition to service-intensity based funding; and
(4) include agency predictions regarding the likely
effect on local shares and the guaranteed yield amount of state
funds for school districts if the state transitions to
service-intensity based funding for special education services.
(d) In conducting the study under Subsection (b), the agency
shall solicit input from:
(1) parents or persons standing in parental relation
to students who receive special education services;
(2) students who receive special education services;
(3) teachers of students who receive special education
services;
(4) administrators; and
(5) school support staff.
(e) Not later than December 1, 2024, the agency shall
prepare and submit to the legislature a report on the results of the
study conducted under this section and recommendations based on
those results regarding:
(1) weights to be applied for students in each tier of
intensity of service to be included in a service-intensity based
funding formula included in proposed legislation relating to
transitioning special education funding under Section 48.102 to
service-intensity based funding;
(2) the amount and manner of determining tiers of
intensity of service based on the educational arrangements and
specialized services required under a student's individual
education program; and
(3) any other recommendations for legislative or other
action.
(f) This section expires September 1, 2025.
SECTION 2. 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.