Texas 2023 - 88th Regular

Texas House Bill HB5288 Compare Versions

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1	1	By: Hinojosa H.B. No. 5288
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4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to a study by the Texas Education Agency on a
7	7	service-intensity based funding formula to replace the special
8	8	education allotment under the Foundation School Program.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter G, Chapter 48, Education Code, is
11	11	amended by adding Section 48.304 to read as follows:
12	12	Sec. 48.304. STUDY ON SERVICE-INTENSITY BASED FUNDING
13	13	FORMULA FOR SPECIAL EDUCATION. (a) In this section,
14	14	"service-intensity based funding" means a method of funding special
15	15	education services that:
16	16	(1) establishes tiers of intensity of service based on
17	17	the educational arrangements and specialized services required
18	18	under a student's individual education program; and
19	19	(2) provides for an amount of funding per student
20	20	based on the tier of intensity of service appropriate for the
21	21	student.
22	22	(b) The agency shall conduct a study on a transition to
23	23	service-intensity based funding for special education services
24	24	under the Foundation School Program.
25	25	(c) The study conducted under Subsection (b) must:
26	26	(1) assess current and projected needs of students who
27	27	receive special education services in public schools;
28	28	(2) identify current shortfalls in special education
29	29	services and funding mechanisms and analyze whether
30	30	service-intensity based funding could address those shortfalls;
31	31	(3) propose a plan for the optimal implementation of a
32	32	transition to service-intensity based funding; and
33	33	(4) include agency predictions regarding the likely
34	34	effect on local shares and the guaranteed yield amount of state
35	35	funds for school districts if the state transitions to
36	36	service-intensity based funding for special education services.
37	37	(d) In conducting the study under Subsection (b), the agency
38	38	shall solicit input from:
39	39	(1) parents or persons standing in parental relation
40	40	to students who receive special education services;
41	41	(2) students who receive special education services;
42	42	(3) teachers of students who receive special education
43	43	services;
44	44	(4) administrators; and
45	45	(5) school support staff.
46	46	(e) Not later than December 1, 2024, the agency shall
47	47	prepare and submit to the legislature a report on the results of the
48	48	study conducted under this section and recommendations based on
49	49	those results regarding:
50	50	(1) weights to be applied for students in each tier of
51	51	intensity of service to be included in a service-intensity based
52	52	funding formula included in proposed legislation relating to
53	53	transitioning special education funding under Section 48.102 to
54	54	service-intensity based funding;
55	55	(2) the amount and manner of determining tiers of
56	56	intensity of service based on the educational arrangements and
57	57	specialized services required under a student's individual
58	58	education program; and
59	59	(3) any other recommendations for legislative or other
60	60	action.
61	61	(f) This section expires September 1, 2025.
62	62	SECTION 2. This Act takes effect immediately if it receives
63	63	a vote of two-thirds of all the members elected to each house, as
64	64	provided by Section 39, Article III, Texas Constitution. If this
65	65	Act does not receive the vote necessary for immediate effect, this
66	66	Act takes effect September 1, 2023.