Texas 2025 - 89th Regular

Texas House Bill HB2 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Buckley, Bernal, Guillen, et al. H.B. No. 2
2		-
3		-
	1	+	89R20977 MM/ANG/KJE-F
	2	+	By: Buckley, Bernal H.B. No. 2
	3	+	Substitute the following for H.B. No. 2:
	4	+	By: Buckley C.S.H.B. No. 2
4	5
5	6
6	7		A BILL TO BE ENTITLED
7	8		AN ACT
8	9		relating to public education and public school finance.
9	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	11		ARTICLE 1. CHANGES RELATED TO PUBLIC EDUCATION AND PUBLIC SCHOOL
11	12		FINANCE
12	13		SECTION 1.01. Section 12.1058(d), Education Code, is
13	14		amended to read as follows:
14	15		(d) A political subdivision shall consider an
15	16		open-enrollment charter school a school district for purposes of
16	17		zoning, project permitting, platting and replatting processes,
17	18		business licensing, franchises, utility services, signage,
18	19		subdivision regulation, property development projects, the
19	20		requirements for posting bonds or securities, contract
20	21		requirements, land development standards as provided by Section
21	22		212.902, Local Government Code, tree and vegetation regulations,
22	23		regulations of architectural features of a structure, construction
23	24		of fences, landscaping, garbage disposal, noise levels, fees or
24	25		other assessments, and construction or site development work [if
25	26		the charter school provides to the political subdivision the
26	27		certification described by Subsection (e)].
27	28		SECTION 1.02. Section 12.106, Education Code, is amended by
28	29		amending Subsections (a), (a-2), (d), (e), and (f) and adding
29		-	Subsections (d-1), (d-2), (d-3), (e-1), and (e-2) to read as
30		-	follows:
	30	+	Subsection (e-1) to read as follows:
31	31		(a) A charter holder is entitled to receive for the
32	32		open-enrollment charter school funding under Chapter 48 equal to
33	33		the amount of funding per student in weighted average daily
34	34		attendance to which the charter holder would be entitled for the
35	35		school under that chapter if the school were a school district
36	36		without a tier one local share for purposes of Section 48.266,
37	37		excluding:
38	38		(1) the adjustment under Section 48.052;
39	39		(2) [,] the funding under Sections 48.101 and [,
40	40		48.110,] 48.111; [, and 48.112,] and
41	41		(3) enrichment funding under Section 48.202(a) [, to
42	42		which the charter holder would be entitled for the school under
43	43		Chapter 48 if the school were a school district without a tier one
44	44		local share for purposes of Section 48.266].
45	45		(a-2) In addition to the funding provided by Subsection (a),
46	46		a charter holder is entitled to receive for the open-enrollment
47	47		charter school an allotment per student in average daily attendance
48	48		in an amount equal to the difference between:
49	49		(1) the product of:
50	50		(A) the quotient of:
51	51		(i) the total amount of funding provided to
52	52		eligible school districts under Section 48.101(b) or (c); and
53	53		(ii) the total number of students in
54	54		average daily attendance in school districts that receive an
55	55		allotment under Section 48.101(b) or (c); and
56	56		(B) the sum of one and the quotient of:
57	57		(i) the total number of students in average
58	58		daily attendance in school districts that receive an allotment
59	59		under Section 48.101(b) or (c); and
60	60		(ii) the total number of students in
61	61		average daily attendance in school districts statewide; and
62	62		(2) $700 [$125].
63	63		(d) Subject to Subsections [Subsection] (e) and (e-1), in
64	64		addition to other amounts provided by this section, a charter
65	65		holder is entitled to receive, for the open-enrollment charter
66	66		school, an annual allotment [funding] per student in average daily
67	67		attendance [in an amount] equal to [the guaranteed level of state
68	68		and local funds per student per cent of tax effort under Section
69	69		46.032(a) multiplied by] the lesser of:
70	70		(1) the state average interest and sinking fund tax
71	71		rate imposed by school districts for the current year multiplied by
72	72		the guaranteed level of state and local funds per student per cent
73	73		of tax effort under Section 46.032(a); or
74	74		(2) the maximum amount of the basic allotment provided
75	75		under Section 48.051 for the applicable school year multiplied by
76	76		0.07 [a rate that would result in a total amount to which charter
77	77		schools are entitled under this subsection for the current year
78	78		equal to $60 million].
79		-	(d-1) Notwithstanding Subsection (d), the total amount that
80		-	may be used to provide allotments under Subsection (d) may not
81		-	exceed:
82		-	(1) for the 2025-2026 school year, $100 million; and
83		-	(2) for the 2026-2027 school year, $160 million.
84		-	(d-2) If the total amount of allotments to which charter
85		-	holders are entitled for open-enrollment charter schools under
86		-	Subsection (d) for a school year exceeds the amount permitted under
87		-	Subsection (d-1), the commissioner shall proportionately reduce
88		-	the amount of each charter holder's allotment until the total
89		-	amount for the allotments is equal to the amount permitted under
90		-	that subsection.
91		-	(d-3) Subsections (d-1) and (d-2) and this subsection
92		-	expire September 1, 2027.
93		-	(e) Subject to Subsection (e-1), a [A] charter holder is not
94		-	entitled to receive funding under Subsection (d) for an
95		-	open-enrollment charter school [only] if the school has been
96		-	assigned:
97		-	(1) an unacceptable [most recent overall] performance
98		-	rating [assigned to the open-enrollment charter school] under
99		-	Subchapter C, Chapter 39, for the two preceding school years;
100		-	(2) a financial accountability performance rating
101		-	under Subchapter D, Chapter 39, indicating a financial performance
102		-	lower than satisfactory for the two preceding school years; or
103		-	(3) any combination of the ratings described by
104		-	Subdivisions (1) and (2) for the two preceding school years
105		-	[reflects at least acceptable performance].
106		-	(e-1) Subsection (e) [This subsection] does not apply to a
107		-	charter holder:
108		-	(1) during the first two years of the applicable
109		-	open-enrollment charter school's operation; or
110		-	(2) that operates a school program located at a day
111		-	treatment facility, residential treatment facility, psychiatric
112		-	hospital, or medical hospital.
113		-	(e-2) A charter holder is entitled to receive funding under
	79	+	(e) A charter holder is entitled to receive funding under
	80	+	Subsection (d) for an open-enrollment charter school only if:
	81	+	(1) the [most recent] overall performance ratings
	82	+	[rating] assigned to the open-enrollment charter school under
	83	+	Subchapters [Subchapter] C and D, Chapter 39, for the two preceding
	84	+	school years reflect [reflects] at least acceptable performance;
	85	+	(2) for an open-enrollment charter school that has not
	86	+	been assigned performance ratings under both Subchapters C and D,
	87	+	Chapter 39, the overall performance rating assigned to the school
	88	+	for the two preceding school years under either of those
	89	+	subchapters reflects at least acceptable performance; or
	90	+	(3) the[. This subsection does not apply to a] charter
	91	+	holder [that] operates a school program located at a day treatment
	92	+	facility, residential treatment facility, psychiatric hospital, or
	93	+	medical hospital.
	94	+	(e-1) A charter holder is entitled to receive funding under
114	95		Subsection (d) for an open-enrollment charter school only if the
115	96		governing body of the school annually certifies in writing to the
116	97		agency that no administrator, officer, or employee of the school
117	98		and no member of the governing body of the school or its charter
118	99		holder derives any personal financial benefit from a real estate
119	100		transaction with the school.
120	101		(f) Funds received by a charter holder under Subsection (d):
121	102		(1) notwithstanding any other law, may not be used to
122	103		pay a salary, bonus, stipend, or any other form of compensation to a
123	104		school superintendent or administrator serving as educational
124	105		leader and chief executive officer of the school; and
125	106		(2) may only be used:
126	107		(A) [(1)] to lease an instructional facility;
127	108		(B) [(2)] to pay property taxes imposed on an
128	109		instructional facility;
129	110		(C) [(3)] to pay debt service on bonds issued for
130	111		a purpose for which a school district is authorized to issue bonds
131	112		under Section 45.001(a)(1) or to pay for a purchase for which a
132	113		school district is authorized to issue bonds under that section [to
133	114		finance an instructional facility]; or
134	115		(D) [(4)] for any other purpose related to the
135	116		purchase, lease, sale, acquisition, or maintenance of an
136	117		instructional facility.
137	118		SECTION 1.03. Section 12.156(a), Education Code, is amended
138	119		to read as follows:
139	120		(a) Except as otherwise provided by this subchapter,
140	121		Subchapter D, including Section 12.106(d), applies to a college or
141	122		university charter school or junior college charter school as
142	123		though the college or university charter school or junior college
143	124		charter school, as applicable, were granted a charter under that
144	125		subchapter.
145	126		SECTION 1.04. Section 12.263, Education Code, is amended by
146	127		adding Subsection (a-1) to read as follows:
147	128		(a-1) An eligible entity granted a charter under this
148		-	subchapter is not entitled to receive an allotment under Section
149		-	12.106(d) for the adult education program if the program has been
150		-	assigned under the applicable accountability framework adopted
151		-	under Section 12.262:
152		-	(1) an overall performance rating that reflects
153		-	unacceptable performance for the two preceding school years;
154		-	(2) a financial accountability performance rating
155		-	that indicates a financial performance lower than satisfactory for
156		-	the two preceding school years; or
157		-	(3) any combination of the ratings described by
158		-	Subdivisions (1) and (2) for the two preceding school years.
	129	+	subchapter is entitled to receive an allotment under Section
	130	+	12.106(d) for the adult education program only if:
	131	+	(1) the overall performance rating assigned to the
	132	+	adult education program under the applicable accountability
	133	+	framework adopted under Section 12.262 for the two preceding school
	134	+	years reflects at least acceptable performance; or
	135	+	(2) for an adult education program that has not been
	136	+	assigned a performance rating under the applicable accountability
	137	+	framework adopted under Section 12.262, the overall performance
	138	+	ratings assigned to the program under Subchapters C and D, Chapter
	139	+	39, for the two preceding school years reflect at least acceptable
	140	+	performance.
159	141		SECTION 1.05. Section 21.3521, Education Code, is amended
160	142		by amending Subsections (a), (c), and (e) and adding Subsections
161	143		(d-1), (d-2), and (d-3) to read as follows:
162	144		(a) Subject to Subsection (b), a school district or
163	145		open-enrollment charter school may designate a classroom teacher as
164	146		a master, exemplary, [or] recognized, or acknowledged teacher for a
165	147		five-year period based on the results from single year or multiyear
166	148		appraisals that comply with Section 21.351 or 21.352.
167	149		(c) Notwithstanding performance standards established
168	150		under Subsection (b), a classroom teacher that holds a National
169	151		Board Certification issued by the National Board for Professional
170	152		Teaching Standards may be designated as nationally board certified
171	153		[recognized].
172	154		(d-1) Each school year, the commissioner shall, using
173	155		criteria developed by the commissioner, designate as enhanced
174	156		teacher incentive allotment public schools school districts and
175	157		open-enrollment charter schools that implement comprehensive
176	158		school evaluation and support systems. The criteria developed by
177	159		the commissioner must require a district or school to:
178	160		(1) for principals and assistant principals,
179	161		implement:
180	162		(A) a strategic evaluations system aligned with
181	163		the district's or school's teacher designation system; and
182	164		(B) a compensation system based on performance;
183	165		(2) ensure that under the school district's or
184	166		open-enrollment charter school's teacher designation system
185	167		substantially all classroom teachers, regardless of the grade level
186	168		or subject area to which the teacher is assigned, are eligible to
187	169		earn a designation under Subsection (a);
188	170		(3) implement for all classroom teachers a
189	171		compensation plan based on performance that:
190	172		(A) uses a salary schedule that is based on
191	173		differentiation among classroom teacher appraisals as permitted
192	174		under this section; and
193	175		(B) does not include across-the-board salary
194	176		increases for classroom teachers except for periodic changes to the
195	177		district's or school's salary schedule to adjust for significant
196	178		inflation; and
197	179		(4) implement a locally designed plan to place highly
198	180		effective teachers at high needs campuses and in accordance with
199	181		Section 28.0062(a)(3).
200	182		(d-2) The commissioner may remove a school district's or
201	183		open-enrollment charter school's designation under Subsection
202	184		(d-1) if the commissioner determines the district or school no
203	185		longer meets the criteria for the designation.
204	186		(d-3) Not later than September 1 of each year, the
205	187		commissioner shall post on the agency's Internet website a list of
206	188		the school districts and open-enrollment charter schools
207	189		designated as enhanced teacher incentive allotment public schools
208	190		under Subsection (d-1).
209	191		(e) The agency shall use contracted services to develop and
210	192		provide technical assistance for school districts and
211	193		open-enrollment charter schools that request assistance in:
212	194		(1) earning a designation under Subsection (d-1); or
213	195		(2) implementing a local optional teacher designation
214	196		system, including:
215	197		(A) providing assistance in prioritizing high
216	198		needs campuses;
217	199		(B) providing examples or models of local
218	200		optional teacher designation systems to reduce the time required
219	201		for a district or school to implement a teacher designation system;
220	202		(C) establishing partnerships between districts
221	203		and schools that request assistance and districts and schools that
222	204		have implemented a teacher designation system;
223	205		(D) applying the performance and validity
224	206		standards established by the commissioner under Subsection (b);
225	207		(E) providing centralized support for the
226	208		analysis of the results of assessment instruments administered to
227	209		district or school students; and
228	210		(F) facilitating effective communication on and
229	211		promotion of local optional teacher designation systems.
230	212		SECTION 1.06. Subchapter H, Chapter 21, Education Code, is
231	213		amended by adding Section 21.3522 to read as follows:
232	214		Sec. 21.3522. LOCAL OPTIONAL TEACHER DESIGNATION SYSTEM
233	215		GRANT PROGRAM. (a) From money appropriated or otherwise available
234	216		for the purpose, the agency shall establish and administer a grant
235	217		program to provide money and technical assistance to:
236	218		(1) expand and support ongoing implementation of local
237	219		optional teacher designation systems under Section 21.3521;
238	220		(2) increase the number of classroom teachers eligible
239	221		for a designation under that section; and
240	222		(3) increase the salaries paid to classroom teachers
241	223		employed by school districts or open-enrollment charter schools
242	224		that have established or are seeking to establish a designation
243	225		system under that section.
244	226		(b) A grant awarded under this section must:
245	227		(1) meet the needs of individual school districts or
246	228		open-enrollment charter schools; and
247	229		(2) enable regional leadership capacity.
248	230		(c) The commissioner may adopt rules as necessary to
249	231		implement this section.
250	232		SECTION 1.07. Subchapter C, Chapter 25, Education Code, is
251	233		amended by adding Section 25.0816 to read as follows:
252	234		Sec. 25.0816. ADDITIONAL DAYS SCHOOL YEAR PLANNING GRANT
253	235		PROGRAM. (a) From money appropriated or otherwise available for
254	236		the purpose, the agency shall establish and administer a grant
255	237		program to provide funding and technical assistance to school
256	238		districts and open-enrollment charter schools to plan the school
257	239		year and adjust operations as necessary to qualify for the
258	240		incentive funding under Section 48.0051.
259	241		(b) In awarding grants under the program, the agency shall
260	242		prioritize school districts and open-enrollment charter schools
261	243		that seek to maximize incentive funding under Section 48.0051.
262	244		(c) The agency may solicit and accept gifts, grants, and
263	245		donations for purposes of this section.
264	246		SECTION 1.08. Section 28.0211(a-1), Education Code, is
265	247		amended to read as follows:
266	248		(a-1) Each time a student fails to perform satisfactorily on
267	249		an assessment instrument administered under Section 39.023(a) or
268	250		(l) in the third, fourth, fifth, sixth, seventh, or eighth grade or
269	251		an end-of-course assessment instrument administered under Section
270	252		39.023(c), other than an assessment instrument developed or adopted
271	253		based on alternative academic achievement standards, the school
272	254		district in which the student attends school shall provide to the
273	255		student accelerated instruction in the applicable subject area
274	256		during the subsequent summer or school year and, subject to
275	257		Subsections (a-7) and (a-8), either:
276	258		(1) allow the student to be assigned a classroom
277	259		teacher who has earned a designation [is certified as a master,
278	260		exemplary, or recognized teacher] under Section 21.3521 for the
279	261		subsequent school year in the applicable subject area; or
280	262		(2) provide the student supplemental instruction
281	263		under Subsection (a-4).
282	264		SECTION 1.09. Section 29.153, Education Code, is amended by
283	265		adding Subsections (b-1) and (h) to read as follows:
284	266		(b-1) Notwithstanding Subsection (b), any child who is at
285	267		least three years of age is eligible for enrollment in a
286	268		prekindergarten class under this section if:
287	269		(1) the class is provided through a partnership
288	270		between a school district or open-enrollment charter school and a
289	271		community-based child-care provider described by Subsection (g);
290	272		and
291	273		(2) the child receives subsidized child-care services
292	274		provided through the child-care services program administered by
293	275		the Texas Workforce Commission.
294	276		(h) Notwithstanding any other law, a facility or location at
295	277		which prekindergarten classes are provided by a school district or
296	278		open-enrollment charter school in partnership with a private entity
297	279		under this section:
298	280		(1) must comply with any municipal ordinance
299	281		applicable to the operation of a private prekindergarten program;
300	282		and
301	283		(2) may not be required to comply with any municipal
302	284		ordinance applicable to the operation of a prekindergarten program
303	285		by a school district or open-enrollment charter school.
304	286		SECTION 1.10. Section 29.934, Education Code, is amended by
305	287		amending Subsections (b) and (d) and adding Subsection (d-1) to
306	288		read as follows:
307	289		(b) To apply to be designated as a resource campus under
308	290		this section, the campus must have received an overall performance
309	291		rating under Section 39.054 of D or F, or an overall performance
310	292		rating under Section 39.054(a-4)(1) or 39.0546 of "Not Rated," for
311	293		three [four] years over a 10-year period of time.
312	294		(d) To be designated as a resource campus, the campus must:
313	295		(1) implement a targeted improvement plan as described
314	296		by Chapter 39A and establish a school community partnership team;
315	297		(2) adopt an accelerated campus excellence turnaround
316	298		plan as provided by Section 39A.105(b) [except that a classroom
317	299		teacher who satisfies the requirements for demonstrated
318	300		instructional effectiveness under Section 39A.105(b)(3) must also
319	301		hold a current designation assigned under Section 21.3521];
320	302		(3) be in a school district that has adopted an
321	303		approved local optional teacher designation system under Section
322	304		21.3521;
323	305		(4) satisfy certain staff criteria by:
324	306		(A) requiring a principal or teacher employed at
325	307		the campus before the designation to apply for a position to
326	308		continue at the campus;
327	309		(B) for a subject in the foundation curriculum
328	310		under Section 28.002(a)(1):
329	311		(i) employing only teachers who have at
330	312		least two [three] years of teaching experience; and
331	313		(ii) ensuring that at least 50 percent of
332	314		teachers hold a current designation assigned under Section 21.3521;
333	315		(C) employing at least one school counselor for
334	316		every 300 students; and
335	317		(D) employing at least one appropriately
336	318		licensed professional to assist with the social and emotional needs
337	319		of students and staff, who must be a:
338	320		(i) family and community liaison;
339	321		(ii) clinical social worker;
340	322		(iii) specialist in school psychology; or
341	323		(iv) professional counselor;
342	324		(5) implement a positive behavior program as provided
343	325		by Section 37.0013;
344	326		(6) implement a family engagement plan as described by
345	327		Section 29.168;
346	328		(7) develop and implement a plan to use high quality
347	329		instructional materials;
348	330		(8) if the campus is an elementary or middle school
349	331		campus, operate the campus for a school year that qualifies for
350	332		funding under Section 48.0051; and
351	333		(9) annually submit to the commissioner data and
352	334		information required by the commissioner to assess fidelity of
353	335		implementation.
354	336		(d-1) The commissioner may grant to a campus requesting to
355	337		be designated as a resource campus under this section a one-year
356	338		waiver from the requirement under Subsection (d)(4)(B)(ii) if the
357	339		campus provides substantial evidence that the campus is working
358	340		toward meeting the requirement.
359	341		SECTION 1.11. Effective September 1, 2028, Section 29.934,
360	342		Education Code, is amended by amending Subsection (b) and adding
361	343		Subsection (b-1) to read as follows:
362	344		(b) To apply to be designated as a resource campus under
363	345		this section, the campus must have received an overall performance
364	346		rating under Section 39.054 of D or F, or an overall performance
365	347		rating under Section 39.054(a-4)(1) of "Not Rated," for three
366	348		[four] years over a 10-year period of time.
367	349		(b-1) Notwithstanding Subsection (b), a campus may apply to
368	350		be designated as a resource campus under this section if the campus
369	351		received an overall performance rating under Section 39.054 of D or
370	352		F, or an overall performance rating under Section 39.054(a-4)(1) or
371	353		former Section 39.0546 of "Not Rated," for three years over a
372	354		10-year period of time. This subsection expires September 1, 2033.
373	355		SECTION 1.12. Subchapter Z, Chapter 29, Education Code, is
374	356		amended by adding Sections 29.940 and 29.941 to read as follows:
375	357		Sec. 29.940. FEDERAL GRANT ADMINISTRATION. For a federal
376	358		grant program under which the agency oversees and administers
377	359		services to nonpublic schools, the agency shall follow federal
378	360		disposition rules and procedures to dispose of equipment or
379	361		supplies that are unused or no longer needed and were previously
380	362		allocated to nonpublic schools participating in the grant program.
381	363		Sec. 29.941. GRANT PROGRAM TO PROMOTE PARENTAL ENGAGEMENT.
382	364		(a) From money appropriated or otherwise available for the
383	365		purpose, the commissioner shall establish a grant program to
384	366		provide grants to school districts and open-enrollment charter
385	367		schools to assist with costs associated with operating programs or
386	368		projects to encourage parental engagement in the educational
387	369		success of students in the district or school, including:
388	370		(1) educational programming for parents on how to
389	371		teach the parent's child how to read, including how to read with the
390	372		parent's child outside of school in a manner that complements
391	373		instruction;
392	374		(2) for a parent of a child identified as academically
393	375		behind, educational programming on identifying and addressing the
394	376		child's academic struggles;
395	377		(3) for a parent of a child enrolled in a special
396	378		education program under Subchapter A, educational programming on
397	379		how to prepare the child for educational success; and
398	380		(4) for a parent of a child who exhibits behavioral
399	381		issues or has been subject to disciplinary measures, programs or
400	382		policies to engage the parent in efforts to discipline and improve
401	383		the behavior of the child.
402	384		(b) A school district or open-enrollment charter school may
403	385		use money awarded under Subsection (a) to:
404	386		(1) pay staff working additional hours to operate a
405	387		program or project described by Subsection (a);
406	388		(2) pay for food offered at training meetings for a
407	389		program or project described by Subsection (a); and
408	390		(3) pay for educational materials provided to parents
409	391		related to a program or project described by Subsection (a).
410	392		(c) The commissioner may adopt rules as necessary to
411	393		implement this section.
412		-	SECTION 1.13. Section 38.312, Education Code, is amended to
413		-	read as follows:
414		-	Sec. 38.312. EXPIRATION. The task force is abolished and
415		-	this subchapter expires December 1, 2031 [2025].
416		-	SECTION 1.14. Section 39.082(c), Education Code, is amended
417		-	to read as follows:
418		-	(c) The system may not include an indicator under Subsection
419		-	(b) or any other performance measure that:
420		-	(1) requires a school district to spend at least 65
421		-	percent or any other specified percentage of district operating
422		-	funds for instructional purposes; [or]
423		-	(2) lowers the financial management performance
424		-	rating of a school district for failure to spend at least 65 percent
425		-	or any other specified percentage of district operating funds for
426		-	instructional purposes; or
427		-	(3) for a school district required to reduce its local
428		-	revenue level under Section 48.257, includes in determining the
429		-	district's ratio of assets to liabilities any amount required to be
430		-	expended by the district to comply with Chapter 49.
431		-	SECTION 1.15. Section 46.071, Education Code, is amended by
	394	+	SECTION 1.13. Section 46.071, Education Code, is amended by
432	395		adding Subsections (d-1) and (d-2) to read as follows:
433	396		(d-1) If the amount required to pay debt service on bonds
434	397		issued under Subchapter A, Chapter 45, is less than the sum of state
435	398		assistance provided under this chapter, including the amount of
436	399		additional state aid provided under this section, and the revenue
437	400		from the district's interest and sinking tax for a school year, the
438	401		commissioner shall, except as provided by Subsection (d-2), reduce
439	402		the amount of additional state aid provided under this section by
440	403		the difference between:
441	404		(1) the sum of state assistance provided under this
442	405		chapter, including the amount of additional state aid provided
443	406		under this section, and the revenue from the district's interest
444	407		and sinking tax for the school year; and
445	408		(2) the amount required to pay debt service on bonds
446	409		described by this subsection for the school year.
447	410		(d-2) The amount of additional state aid provided under this
448	411		section may not be reduced under Subsection (d-1) to an amount below
449	412		zero.
450		-	SECTION 1.16. Section 48.005, Education Code, is amended by
451		-	amending Subsections (a) and (e) and adding Subsection ~~(a-1) to~~
452		-	read as follows:
	413	+	SECTION 1.14. Section 48.005, Education Code, is amended by
	414	+	amending Subsections (a), (b), (e), and (f) and adding Subsection
	415	+	(a-1) to read as follows:
453	416		(a) In this chapter, average daily attendance is:
454	417		(1) the quotient of the sum of attendance for each day
455	418		of the minimum number of days of instruction as described under
456	419		Section 25.081(a) divided by the minimum number of days of
457	420		instruction;
458	421		(2) for a district that operates under a flexible year
459	422		program under Section 29.0821, the quotient of the sum of
460	423		attendance for each actual day of instruction as permitted by
461	424		Section 29.0821(b)(1) divided by the number of actual days of
462	425		instruction as permitted by Section 29.0821(b)(1);
463	426		(3) for a district that operates under a flexible
464	427		school day program under Section 29.0822, the average daily
465	428		attendance as calculated by the commissioner in accordance with
466	429		Sections 29.0822(d) and (d-1); or
467	430		(4) except as provided by Subsection (a-1), for a
468	431		district that operates a half-day program or a full-day program
469	432		under Section 29.153(c), one-half of the average daily attendance
470	433		calculated under Subdivision (1).
471	434		(a-1) Average daily attendance is calculated under
472	435		Subsection (a)(1) for students:
473	436		(1) enrolled in a half-day program or full-day program
474	437		under Section 29.153(c) provided by an eligible private provider
475	438		under Section 29.171; and
476	439		(2) assigned to a campus:
477	440		(A) that is operated under a contract entered
478	441		into by the district with an entity under Section 11.174 or an
479	442		eligible private provider under Section 29.171; or
480	443		(B) of an open-enrollment charter school that is
481	444		operated by an entity governed by a management contract approved by
482	445		the agency.
	446	+	(b) A school district that experiences a decline of more
	447	+	than five [two] percent [or more] in average daily attendance shall
	448	+	be funded on the basis of[:
	449	+	[(1) the actual average daily attendance of the
	450	+	preceding school year, if the decline is the result of the closing
	451	+	or reduction in personnel of a military base; or
	452	+	[(2) subject to Subsection (e),] an average daily
	453	+	attendance of 95 [not to exceed 98] percent of the actual average
	454	+	daily attendance of the preceding school year[, if the decline is
	455	+	not the result of the closing or reduction in personnel of a
	456	+	military base].
483	457		(e) For each school year, the commissioner shall adjust the
484	458		average daily attendance of school districts that are entitled to
485	459		funding on the basis of an adjusted average daily attendance under
486		-	Subsection (b)(2) so that:
	460	+	Subsection (b) [(b)(2)] so that:
487	461		(1) all districts are funded on the basis of the same
488	462		percentage of the preceding year's actual average daily attendance;
489	463		and
490		-	(2) the total cost to the state does not exceed $~~300~~
	464	+	(2) the total cost to the state does not exceed $50
491	465		million, or a greater amount provided by appropriation [the amount
492	466		specifically appropriated for that year for purposes of Subsection
493	467		(b)(2)].
494		-	SECTION 1.17. Section 48.0051, Education Code, is amended
	468	+	(f) An open-enrollment charter school is not entitled to
	469	+	funding based on an adjustment under Subsection (b) [(b)(2)].
	470	+	SECTION 1.15. Section 48.0051, Education Code, is amended
495	471		by amending Subsections (a), (b), and (d) and adding Subsection
496	472		(b-1) to read as follows:
497	473		(a) The [Subject to Subsection (a-1), the] commissioner
498	474		shall adjust the average daily attendance of a school district or
499	475		open-enrollment charter school under Section 48.005 in the manner
500	476		provided by Subsection (b) if the district or school:
501	477		(1) provides the minimum number of minutes of
502	478		operational and instructional time required under Section 25.081
503	479		and commissioner rules adopted under that section over at least 175
504	480		[180] days of instruction; and
505	481		(2) offers an additional 30 days of half-day
506	482		instruction for students enrolled in prekindergarten through
507	483		eighth [fifth] grade.
508	484		(b) Subject to Subsection (b-1), for [For] a school district
509	485		or open-enrollment charter school described by Subsection (a), the
510	486		commissioner shall increase the average daily attendance of the
511	487		district or school under Section 48.005 by the amount that results
512	488		from the quotient of the sum of attendance by students described by
513	489		Subsection (a)(2) for each of the 30 additional instructional days
514	490		of half-day instruction that are provided divided by 175 [180].
515	491		(b-1) For a school district or open-enrollment charter
516	492		school described by Subsection (a) that provides at least 200 full
517	493		days of instruction to students described by Subsection (a)(2), the
518	494		commissioner shall increase the amount computed for the district or
519	495		school under Subsection (b) by 50 percent.
520	496		(d) This section does not prohibit a school district from
521	497		providing the minimum number of minutes of operational and
522	498		instructional time required under Section 25.081 and commissioner
523	499		rules adopted under that section over fewer than 175 [180] days of
524	500		instruction.
525		-	SECTION 1.18. Subchapter A, Chapter 48, Education Code, is
	501	+	SECTION 1.16. Subchapter A, Chapter 48, Education Code, is
526	502		amended by adding Section 48.014 to read as follows:
527	503		Sec. 48.014. NOTICE FOR SCHOOL DISTRICTS REGARDING RECOURSE
528	504		FOR INVALID PROPERTY VALUES. (a) This section applies only to a
529	505		school district located in an appraisal district in which the
530	506		comptroller has certified the preliminary findings of the school
531	507		district property value study under Section 403.302(g), Government
532	508		Code, and determined that a school district located in the
533	509		appraisal district has an invalid local value, regardless of
534	510		whether the district meets the definition of an eligible school
535	511		district under Section 403.3011, Government Code.
536	512		(b) For each school district to which this section applies
537	513		and as soon as practicable after the comptroller has certified the
538	514		preliminary findings of the school district property value study
539	515		under Section 403.302(g), Government Code, the commissioner shall
540	516		provide notice to the board of trustees of the district that
541	517		includes information regarding the impact or possible impact of a
542	518		final certification of an invalid local value on the district's
543	519		finances, including:
544	520		(1) an estimate of the effect on the district's
545	521		finances; and
546	522		(2) any right of recourse available to the district.
547	523		(c) Each school district shall annually report to the agency
548	524		contact information for the members of the district's board of
549	525		trustees for purposes of receiving the notice under this section.
550	526		(d) The commissioner shall coordinate with the comptroller
551	527		to provide copies of the notice under this section to the board of
552	528		directors of each applicable appraisal district.
553		-	SECTION 1.19. Section 48.051, Education Code, is amended by
554		-	amending Subsections (a), (c), and (c-1) and adding ~~Subsections~~
555		-	(c-3~~), (c-4), (c-5), and (c-6~~) to read as follows:
	529	+	SECTION 1.17. Section 48.051, Education Code, is amended by
	530	+	amending Subsections (a), (c), and (c-1) and adding Subsection
	531	+	(c-3) to read as follows:
556	532		(a) For each student in average daily attendance, not
557	533		including the time students spend each day in career and technology
558	534		education programs or in special education programs in a setting
559	535		[an instructional arrangement] other than a general education
560	536		setting [mainstream or career and technology education programs],
561	537		for which an additional allotment is made under Subchapter C, a
562	538		school district is entitled to an allotment equal to the lesser of
563	539		the amounts that result from the following formulas:
564	540		(1) A = $6,500 + GYIA; [$6,160] or [the amount that
565	541		results from the following formula:]
566	542		(2) A = ($6,500 + GYIA) [$6,160] X TR/MCR
567	543		where:
568	544		"A" is the allotment to which a district is entitled;
569	545		"GYIA" is the guaranteed yield increment adjustment
570	546		determined under Section 48.2561;
571	547		"TR" is the district's tier one maintenance and operations
572	548		tax rate, as provided by Section 45.0032; and
573	549		"MCR" is the district's maximum compressed tax rate, as
574	550		determined under Section 48.2551.
575	551		(c) During any school year for which the maximum amount of
576	552		the basic allotment provided under Subsection (a) or (b) is greater
577	553		than the maximum amount provided for the preceding school year, a
578	554		school district must use at least 40 [30] percent of the amount, if
579	555		the amount is greater than zero, that equals the product of the
580	556		average daily attendance of the district multiplied by the amount
581	557		of the difference between the district's funding under this chapter
582	558		per student in average daily attendance for the current school year
583	559		and the preceding school year to provide compensation increases to
584	560		full-time district employees other than administrators as follows:
585	561		(1) 75 percent must be used to increase the salary
586		-	[compensation] paid to classroom teachers, full-time librarians,
	562	+	[compensation] paid to classroom teachers, [full-time librarians,
587	563		full-time school counselors certified under Subchapter B, Chapter
588		-	21, and full-time school nurses, prioritizing higher salary
	564	+	21, and full-time school nurses,] prioritizing higher salary
589	565		increases [differentiated compensation] for classroom teachers in
590	566		the following order:
591	567		(A) classroom teachers with 10 or more years of
592	568		experience; and
593	569		(B) classroom teachers with [more than] five or
594	570		more years of experience; and
595	571		(2) 25 percent may be used as determined by the
596	572		district to increase compensation paid to full-time district
597	573		employees.
598	574		(c-1) A school district employee who received a salary
599	575		increase under Subsection (c) [from a school district for the
600	576		2019-2020 school year] is, as long as the employee remains employed
601	577		by the same district and the district is receiving at least the same
602	578		amount of funding as the amount of funding the district received for
603	579		the [2019-2020] school year in which the requirement under
604	580		Subsection (c) applied, entitled to salary that is at least equal to
605	581		the salary the employee received for the preceding [2019-2020]
606	582		school year. This subsection does not apply if:
607	583		(1) the board of trustees of the school district at
608	584		which the employee is employed:
609	585		(A) [(1)] complies with Sections 21.4021,
610	586		21.4022, and 21.4032 in reducing the employee's salary; and
611	587		(B) [(2)] has adopted a resolution declaring a
612	588		financial exigency for the district under Section 44.011; or
613	589		(2) the school district evaluates the employee's
614	590		performance and the employee's performance rating is lower than the
615	591		employee's performance rating during the school year in which the
616	592		requirement under Subsection (c) applied.
617	593		(c-3) A school district must ensure that the salary
618	594		increases provided under Subsection (c)(1) provide for:
619	595		(1) a difference of at least 40 percent between the
620	596		average salary schedule increase provided to a classroom teacher
621	597		described by Subsection (c)(1)(A) and a classroom teacher described
622	598		by Subsection (c)(1)(B); or
623	599		(2) an increase based on performance in accordance
624	600		with the district's compensation plan implemented under Section
625	601		21.3521(d-1)(3).
626		-	(c-4) Notwithstanding Subsection (c-3), a school district
627		-	is not required to provide a salary increase to an employee under
628		-	Subsection (c) in an amount that exceeds $15,000 per year. A
629		-	district may spend excess money available as a result of this
630		-	subsection for any purpose for which money provided under this
631		-	section may be spent.
632		-	(c-5) A school district that increases employee
633		-	compensation in the 2025-2026 school year to comply with Subsection
634		-	(c), as amended by H.B. 2, Acts of the 89th Legislature, Regular
635		-	Session, 2025, is providing compensation for services rendered
636		-	independently of an existing employment contract applicable to that
637		-	year and is not in violation of Section 53, Article III, Texas
638		-	Constitution. A school district that does not meet the
639		-	requirements of Subsection (c) in the 2025-2026 school year may
640		-	satisfy the requirements of this section by providing an employee a
641		-	one-time bonus payment during the 2026-2027 school year in an
642		-	amount equal to the difference between the compensation earned by
643		-	the employee during the 2025-2026 school year and the compensation
644		-	the employee should have received during that school year if the
645		-	district had complied with Subsection (c).
646		-	(c-6) In calculating the difference between a school
647		-	district's funding under this chapter per student in average daily
648		-	attendance for the current school year and the preceding school
649		-	year for purposes of Subsection (c), the agency may not include the
650		-	amounts to which the district is entitled under Section 48.115 or
651		-	48.284.
652		-	SECTION 1.20. Section 48.101, Education Code, is amended to
	602	+	SECTION 1.18. Section 48.101, Education Code, is amended to
653	603		read as follows:
654	604		Sec. 48.101. SMALL AND MID-SIZED DISTRICT ALLOTMENT. (a)
655	605		Small and mid-sized districts are entitled to an annual allotment
656	606		in accordance with this section. In this section:
657	607		(1) "AA" is the district's annual allotment per
658	608		student in average daily attendance;
659	609		(2) "ADA" is the number of students in average daily
660	610		attendance for which the district is entitled to an allotment under
661	611		Section 48.051, other than students in average daily attendance who
662	612		do not reside in the district and are enrolled in a full-time
663	613		virtual program; and
664	614		(3) "BA" is the basic allotment determined under
665	615		Section 48.051.
666	616		(b) A school district that has fewer than 1,600 students in
667	617		average daily attendance is entitled to an annual allotment for
668	618		each student in average daily attendance based on the following
669	619		formula:
670	620		AA = ((1,600 - ADA) X .00057 [.0004]) X BA
671	621		(c) A school district that offers a kindergarten through
672	622		grade 12 program and has less than 5,000 students in average daily
673	623		attendance is entitled to an annual allotment for each student in
674	624		average daily attendance based on the formula, of the following
675	625		formulas, that results in the greatest annual allotment:
676	626		(1) the formula in Subsection (b), if the district is
677	627		eligible for that formula; or
678	628		(2) AA = ((5,000 - ADA) X .00003 [.000025]) X BA.
679	629		(d) Instead of the allotment under Subsection (b) or (c)(1),
680	630		a school district that has fewer than 300 students in average daily
681	631		attendance and is the only school district located in and operating
682	632		in a county is entitled to an annual allotment for each student in
683	633		average daily attendance based on the following formula:
684	634		AA = ((1,600 - ADA) X .0006 [.00047]) X BA
685		-	SECTION 1.21. Sections 48.104(a), (d), and (e), Education
	635	+	SECTION 1.19. Sections 48.104(a), (d), and (e), Education
686	636		Code, are amended to read as follows:
687	637		(a) For each student who does not have a disability and
688	638		resides in a residential placement facility in a district in which
689	639		the student's parent or legal guardian does not reside, a district
690	640		is entitled to an annual allotment equal to the basic allotment
691	641		multiplied by 0.2 or, if the student is educationally
692	642		disadvantaged, 0.28 [0.275]. For each full-time equivalent student
693	643		who is in a remedial and support program under Section 29.081
694	644		because the student is pregnant, a district is entitled to an annual
695	645		allotment equal to the basic allotment multiplied by 2.41.
696	646		(d) The weights assigned to the five tiers of the index
697	647		established under Subsection (c) are, from least to most severe
698	648		economic disadvantage, 0.23 [0.225], 0.2425 [0.2375], 0.255
699	649		[0.25], 0.2675 [0.2625], and 0.28 [0.275].
700	650		(e) If insufficient data is available for any school year to
701	651		evaluate the level of economic disadvantage in a census block
702	652		group, a school district is entitled to an annual allotment equal to
703	653		the basic allotment multiplied by 0.23 [0.225] for each student who
704	654		is educationally disadvantaged and resides in that census block
705	655		group.
706		-	SECTION 1.22. Subchapter C, Chapter 48, Education Code, is
707		-	amended by adding Section 48.1042 to read as follows:
708		-	Sec. 48.1042. DISTRIBUTION OF CERTAIN COMPENSATORY
709		-	EDUCATION ALLOTMENT AND EARLY EDUCATION ALLOTMENT MONEY. (a) This
710		-	section applies only to money to which a school district is entitled
711		-	under:
712		-	(1) Section 48.104; or
713		-	(2) Section 48.108 for students in prekindergarten.
714		-	(b) Notwithstanding any other provision of this chapter,
715		-	instead of providing money to which this section applies to school
716		-	districts in accordance with Sections 48.104 and 48.108, the
717		-	commissioner shall distribute that money as follows:
718		-	(1) provide to each school district that operates a
719		-	full-day program under Section 29.153(c), funding under this
720		-	chapter based on one-half of the average daily attendance
721		-	calculated under Section 48.005 for each student in that program;
722		-	and
723		-	(2) if any amount remains after distributing money
724		-	under Subdivision (1), provide to each school district an amount
725		-	that is proportional to the district's entitlement under Section
726		-	48.104.
727		-	SECTION 1.23. Sections 48.105(a) and (b), Education Code,
728		-	are amended to read as follows:
	656	+	SECTION 1.20. Section 48.105(a), Education Code, is amended
	657	+	to read as follows:
729	658		(a) For each student in average daily attendance in a
730	659		bilingual education or special language program under Subchapter B,
731	660		Chapter 29, a district is entitled to an annual allotment equal to
732	661		the basic allotment multiplied by:
733	662		(1) for an emergent bilingual student, as defined by
734	663		Section 29.052:
735	664		(A) 0.12 [0.1]; or
736	665		(B) 0.17 [0.15] if the student is in a bilingual
737	666		education program using a dual language immersion/one-way or
738	667		two-way program model; and
739	668		(2) for a student not described by Subdivision (1),
740	669		0.07 [0.05] if the student is in a bilingual education program using
741	670		a dual language immersion/two-way program model.
742		-	(b) At least 55 percent of the funds allocated under this
743		-	section must be used in providing bilingual education or special
744		-	language programs under Subchapter B, Chapter 29. A district's
745		-	bilingual education or special language allocation may be used only
746		-	for program and student evaluation, instructional materials and
747		-	equipment, staff development, supplemental staff expenses,
748		-	salaries [salary supplements] for teachers, incremental costs
749		-	associated with providing smaller class sizes, and other supplies
750		-	required for quality instruction.
751		-	SECTION 1.24. Section 48.108(a), Education Code, is amended
	671	+	SECTION 1.21. Section 48.108(a), Education Code, is amended
752	672		to read as follows:
753	673		(a) For each student in average daily attendance in
754	674		prekindergarten [kindergarten] through third grade, a school
755	675		district is entitled to an annual allotment equal to the basic
756	676		allotment multiplied by 0.1 if the student is:
757	677		(1) educationally disadvantaged; or
758	678		(2) an emergent bilingual student, as defined by
759	679		Section 29.052, and is in a bilingual education or special language
760	680		program under Subchapter B, Chapter 29.
761		-	SECTION 1.25. Section 48.112, Education Code, is amended by
	681	+	SECTION 1.22. Section 48.112, Education Code, is amended by
762	682		amending Subsections (c), (d), and (i) and adding Subsection (g-1)
763	683		to read as follows:
764	684		(c) For each classroom teacher with a teacher designation
765	685		under Section 21.3521 employed by a school district, the school
766	686		district is entitled to an allotment equal to the following
767	687		applicable base amount increased by the high needs and rural factor
768	688		as determined under Subsection (d):
769	689		(1) $12,000, or an increased amount not to exceed
770	690		$36,000 [$32,000] as determined under Subsection (d), for each
771	691		master teacher;
772	692		(2) $9,000 [$6,000], or an increased amount not to
773	693		exceed $25,000 [$18,000] as determined under Subsection (d), for
774	694		each exemplary teacher; [and]
775	695		(3) $5,000 [$3,000], or an increased amount not to
776	696		exceed $15,000 [$9,000] as determined under Subsection (d), for
777	697		each recognized teacher; and
778	698		(4) $3,000, or an increased amount not to exceed
779	699		$9,000 as determined under Subsection (d), for each:
780	700		(A) acknowledged teacher; or
781	701		(B) nationally board certified teacher.
782	702		(d) The high needs and rural factor is determined by
783	703		multiplying the following applicable amounts by the average of the
784	704		point value assigned to each student at a district campus under
785	705		Subsection (e):
786	706		(1) $6,000 [$5,000] for each master teacher;
787	707		(2) $4,000 [$3,000] for each exemplary teacher; [and]
788	708		(3) $2,500 [$1,500] for each recognized teacher; and
789	709		(4) $1,500 for each:
790	710		(A) acknowledged teacher; or
791	711		(B) nationally board certified teacher.
792	712		(g-1) For a district that is designated as an enhanced
793	713		teacher incentive allotment public school under Section
794	714		21.3521(d-1), the commissioner shall increase the amount to which
795	715		the district is entitled under this section by multiplying that
796	716		amount by 1.1.
797	717		(i) A district shall annually certify that:
798	718		(1) funds received under this section were used as
799	719		follows:
800	720		(A) at least 90 percent of each allotment
801	721		received under Subsection (c) was used for the compensation of
802	722		teachers employed at the campus at which the teacher for whom the
803	723		district received the allotment is employed; [and]
804	724		(B) for a district whose allotment was increased
805	725		under Subsection (g-1), the amount by which the allotment was
806	726		increased under that subsection was used to meet the criteria to
807	727		maintain a designation as an enhanced teacher incentive allotment
808	728		public school under Section 21.3521(d-1); and
809	729		(C) any other funds received under this section
810	730		were used for costs associated with implementing Section 21.3521,
811	731		including efforts to support teachers in obtaining designations;
812	732		and
813	733		(2) the district prioritized high needs campuses in
814	734		the district in using funds received under this section.
815		-	SECTION 1.26. Section 48.115(a), Education Code, is amended
816		-	to read as follows:
817		-	(a) Except as provided by Subsection (a-1), a school
818		-	district is entitled to an annual allotment equal to the sum of the
819		-	following amounts or a greater amount provided by appropriation:
820		-	(1) $10 for each student in average daily attendance,
821		-	plus $1 for each student in average daily attendance per every $50
822		-	by which the district's maximum basic allotment under Section
823		-	48.051 exceeds $6,555 [$6,160], prorated as necessary; and
824		-	(2) $15,000 per campus.
825		-	SECTION 1.27. Subchapter C, Chapter 48, Education Code, is
	735	+	SECTION 1.23. Subchapter C, Chapter 48, Education Code, is
826	736		amended by adding Section 48.116 to read as follows:
827	737		Sec. 48.116. FINE ARTS ALLOTMENT. (a) For each student in
828	738		average daily attendance enrolled in a fine arts education course
829	739		approved by the agency under Subsection (b) in grades 6 through 12,
830	740		a school district is entitled to an annual allotment equal to:
831	741		(1) if the student is not educationally disadvantaged,
832	742		the basic allotment, or, if applicable, the sum of the basic
833	743		allotment and the allotment under Section 48.101 to which the
834	744		district is entitled, multiplied by 0.008; or
835	745		(2) if the student is educationally disadvantaged, the
836	746		amount determined under Subdivision (1) multiplied by two.
837	747		(b) The agency shall approve fine arts education courses
838	748		that qualify for the allotment provided under this section. The
839	749		approved courses must include fine arts education courses that:
840	750		(1) are authorized by the State Board of Education,
841	751		including music, art, theater, and dance;
842	752		(2) provide students with the knowledge and skills
843	753		necessary for success in the fine arts; and
844	754		(3) require a student in full-time attendance to
845	755		receive not less than 225 minutes of fine arts instruction per week.
846	756		(c) The agency shall annually publish a list of fine arts
847	757		education courses approved under Subsection (b).
848	758		(d) The total amount of allotments provided under this
849	759		section for a school year may not exceed $15 million.
850	760		(e) The agency may proportionally reduce each school
851	761		district's allotment under this section if the amount appropriated
852	762		for purposes of this section is insufficient to pay for all
853	763		allotments to which districts are entitled under this section.
854		-	SECTION 1.28. Section 48.202, Education Code, is amended by
855		-	amending Subsection (a-1) and adding Subsection (e-2) to read as
856		-	follows:
	764	+	SECTION 1.24. Section 48.202(a-1), Education Code, is
	765	+	amended to read as follows:
857	766		(a-1) For purposes of Subsection (a), the dollar amount
858	767		guaranteed level of state and local funds per weighted student per
859	768		cent of tax effort ("GL") for a school district is:
860	769		(1) the greater of $129.52 or an amount set by
861	770		appropriation [the amount of district tax revenue per weighted
862	771		student per cent of tax effort available to a school district at the
863	772		96th percentile of wealth per weighted student or the amount that
864	773		results from multiplying 6,160, or the greater amount provided
865	774		under Section 48.051(b), if applicable, by 0.016,] for the first
866	775		eight cents by which the district's maintenance and operations tax
867	776		rate exceeds the district's tier one tax rate; and
868	777		(2) subject to Subsection (f), the amount that results
869	778		from multiplying the maximum amount of the basic allotment provided
870	779		under Section 48.051 for the applicable school year [$6,160, or the
871	780		greater amount provided under Section 48.051(b), if applicable,] by
872	781		0.008, for the district's maintenance and operations tax effort
873	782		that exceeds the amount of tax effort described by Subdivision (1).
874		-	(e-2) For purposes of this section, the total amount of
875		-	maintenance and operations taxes collected by a school district not
876		-	required to reduce its local revenue level under Section 48.257
877		-	includes the amount of tax revenue received from a county-wide
878		-	equalization tax.
879		-	SECTION 1.29. Subchapter F, Chapter 48, Education Code, is
	783	+	SECTION 1.25. Section 48.2543, Education Code, is amended
	784	+	to read as follows:
	785	+	Sec. 48.2543. ADDITIONAL STATE AID FOR CERTAIN DISTRICTS
	786	+	[HOMESTEAD EXEMPTION]. [(a) For the 2022-2023 school year, a
	787	+	school district is entitled to additional state aid to the extent
	788	+	that state and local revenue under this chapter and Chapter 49 is
	789	+	less than the state and local revenue that would have been available
	790	+	to the district under this chapter and Chapter 49 as those chapters
	791	+	existed on September 1, 2021, if any increase in the residence
	792	+	homestead exemption under Section 1-b(c), Article VIII, Texas
	793	+	Constitution, as proposed by the 87th Legislature, 3rd Called
	794	+	Session, 2021, had not occurred.]
	795	+	(a-1) Beginning with the 2025-2026 [2023-2024] school year,
	796	+	a school district is entitled to additional state aid to the extent
	797	+	that state and local revenue under this chapter, other than former
	798	+	Subsection (a) of this section, and Chapter 49 is less than the
	799	+	state and local revenue that would have been available to the
	800	+	district under this chapter and Chapter 49 as those chapters
	801	+	existed on September 1, 2022, if any of the following had not
	802	+	occurred:
	803	+	(1) an [any] increase in a residence homestead
	804	+	exemption under Section 1-b(c), Article VIII, Texas Constitution,
	805	+	and any additional limitation on tax increases under Section 1-b(d)
	806	+	of that article as proposed by the 88th Legislature, 2nd Called
	807	+	Session, 2023;
	808	+	(2) a reduction of the amount of the limitation on tax
	809	+	increases provided by Section 11.26(a-10), Tax Code; or
	810	+	(3) a reduction in the district's maximum compressed
	811	+	tax rate under Section 48.2555, as added by Chapter 1 (S.B. 2), Acts
	812	+	of the 88th Legislature, 2nd Called Session, 2023 [, had not
	813	+	occurred].
	814	+	(b) For purposes of calculating state and local revenue
	815	+	under Subsection (a-1) for the applicable school year, the agency
	816	+	shall use the same values for formula funding adjustments that the
	817	+	agency used during that school year and exclude amounts provided by
	818	+	law that expired in a school year subsequent to the applicable
	819	+	school year, including the amounts provided under Sections 48.277,
	820	+	48.278, 48.279, and 48.281, as those sections existed for the
	821	+	applicable school year. [The lesser of the school district's
	822	+	currently adopted maintenance and operations tax rate or the
	823	+	adopted maintenance and operations tax rate for:
	824	+	[(1) the 2021 tax year is used for the purpose of
	825	+	determining additional state aid under Subsection (a); and
	826	+	[(2) the 2022 tax year is used for the purpose of
	827	+	determining additional state aid under Subsection (a-1).]
	828	+	SECTION 1.26. Subchapter F, Chapter 48, Education Code, is
880	829		amended by adding Section 48.2561 to read as follows:
881	830		Sec. 48.2561. GUARANTEED YIELD INCREMENT ADJUSTMENT. (a)
882	831		Not later than October 1 of each even-numbered year, for the
883	832		subsequent state fiscal biennium, the agency shall determine the
884	833		amount of the guaranteed yield increment adjustment for each state
885	834		fiscal year of the biennium. The amount of the guaranteed yield
886	835		increment adjustment is the difference between:
887	836		(1) the estimated cost to the state of maintaining the
888	837		guaranteed level of state and local funds per weighted student per
889	838		cent of tax effort under Section 48.202(a-1)(1) at the 96th
890	839		percentile of wealth per weighted student for each year of the
891	840		biennium; and
892	841		(2) the state cost of maintaining the guaranteed level
893	842		of state and local funds per weighted student per cent of tax effort
894	843		at the amount provided by Section 48.202(a-1)(1).
895	844		(b) Notwithstanding Subsection (a), the amount of the
896	845		guaranteed yield increment adjustment for each state fiscal year of
897	846		the state fiscal biennium beginning September 1, 2025, is $55. This
898	847		subsection expires September 1, 2027.
899		-	SECTION 1.30. Section 48.266, Education Code, is amended by
	848	+	SECTION 1.27. Section 48.266, Education Code, is amended by
900	849		amending Subsection (b) and adding Subsection (b-1) to read as
901	850		follows:
902	851		(b) Except as provided by this subsection and subject to
903	852		Subsection (b-1), the commissioner shall base the determinations
904	853		under Subsection (a) on the estimates provided to the legislature
905	854		under Section 48.269, or, if the General Appropriations Act
906	855		provides estimates for that purpose, on the estimates provided
907	856		under that Act, for each school district for each school year. The
908	857		commissioner shall reduce the entitlement of each district that has
909	858		a final taxable value of property for the second year of a state
910	859		fiscal biennium that is higher than the estimate under Section
911	860		48.269 or the General Appropriations Act, as applicable. A
912	861		reduction under this subsection may not reduce the district's
913	862		entitlement below the amount to which it is entitled at its actual
914	863		taxable value of property.
915	864		(b-1) Periodically throughout the school year, the
916	865		commissioner shall adjust the determinations made under Subsection
917	866		(a) to reflect current school year estimates of a district's
918	867		enrollment and average daily attendance, based on attendance
919	868		reporting for each six-week interval.
920		-	SECTION 1.31. Section 48.283, Education Code, is amended to
	869	+	SECTION 1.28. Section 48.283, Education Code, is amended to
921	870		read as follows:
922	871		Sec. 48.283. ADDITIONAL STATE AID FOR CERTAIN DISTRICTS
923	872		IMPACTED BY COMPRESSION. (a) For the 2023-2024 and 2024-2025
924	873		school years, a [A] school district that received an adjustment
925	874		under Section 48.257(b) for the 2022-2023 school year is entitled
926	875		to additional state aid [for each school year] in an amount equal to
927	876		[the amount of that adjustment for the 2022-2023 school year less]
928	877		the difference, if the difference is greater than zero, between:
929	878		(1) [the amount to which the district is entitled
930	879		under this chapter for the current school year; and
931	880		[(2)] the amount of state and local revenue that would
932	881		have been available to [which] the district [would be entitled]
933	882		under this chapter and Chapter 49 for the 2023-2024 or 2024-2025
934	883		[current] school year, as applicable, if the district's maximum
935	884		compressed tax rate had not been reduced under Section 48.2555, as
936	885		added by S.B. 2, Acts of the 88th Legislature, 2nd Called Session,
937	886		2023; and
938	887		(2) the amount of state and local revenue available to
939	888		the district under this chapter and Chapter 49 for the 2023-2024 or
940	889		2024-2025 school year, as applicable.
941	890		(b) This section expires January 1, 2026.
942		-	SECTION 1.32. Subchapter F, Chapter 48, Education Code, is
	891	+	SECTION 1.29. Subchapter F, Chapter 48, Education Code, is
943	892		amended by adding Sections 48.2711, 48.2831, and 48.284 to read as
944	893		follows:
945	894		Sec. 48.2711. ADJUSTMENT FOR LOSS OF REVENUE DUE TO USE OF
946	895		STATE VALUE. (a) This section applies only to a school district:
947	896		(1) for which the state value for the district's
948	897		taxable value of property is used under Section 403.302(c),
949	898		Government Code; and
950	899		(2) in which the district's board of trustees adopts a
951	900		resolution during the school year recognizing the need for an
952	901		adjustment under this section.
953	902		(b) For each school district to which this section applies,
954	903		the agency shall determine whether the district's entitlement under
955	904		this chapter for a school year is greater if the district's taxable
956	905		value of property is:
957	906		(1) the local value; or
958	907		(2) the state value as determined by the comptroller
959	908		under Sections 403.302(a) and (b), Government Code.
960	909		(c) If the agency determines under Subsection (b) that the
961	910		school district's entitlement is greater for the applicable school
962	911		year using the local value for the district's taxable value of
963	912		property, the commissioner shall increase state aid or adjust the
964	913		limit on local revenue under Section 48.257 for the district for
965	914		that school year in an amount equal to:
966	915		(1) for the first school year in which this subsection
967	916		applies to the district, the difference between the amounts
968	917		determined under Subsection (b);
969	918		(2) for the second consecutive school year in which
970	919		this subsection applies to the district, 70 percent of the
971	920		difference between the amounts determined under Subsection (b); and
972	921		(3) for the third consecutive school year in which
973	922		this subsection applies to the district, 40 percent of the
974	923		difference between the amounts determined under Subsection (b).
975	924		(d) A school district may not receive an adjustment under
976	925		this section for more than three consecutive school years unless
977	926		the legislature specifically appropriates money for the purpose of
978	927		making adjustments under this section for the fourth or a
979	928		subsequent consecutive school year.
980	929		(e) For purposes of determining the number of consecutive
981	930		school years for which this section applies to a school district,
982	931		the commissioner may not consider a school year before the
983	932		2025-2026 school year.
984	933		(f) A school year in which the comptroller determines a
985	934		school district's local value to be valid under Section 403.302(c),
986	935		Government Code, that occurs after the district receives an
987	936		adjustment under this section is not included in calculating
988	937		consecutive school years under Subsection (c) or (d) and is not
989	938		considered a break in consecutive school years, except as provided
990	939		by Subsection (h).
991	940		(g) A school district may not receive an adjustment under
992	941		this section for a school year in which the district is determined
993	942		to be an eligible school district, as defined by Section 403.3011,
994	943		Government Code. A school year in which the district is not
995	944		eligible for an adjustment under this subsection is included in
996	945		calculating consecutive school years under Subsections (c) and (d).
997	946		(h) Except as provided by Subsection (d), a school district
998	947		that receives an adjustment under this section for three
999	948		consecutive school years is not eligible to receive an adjustment
1000	949		under this section in the subsequent school year but may be again
1001	950		eligible for the adjustment following two consecutive school years
1002	951		for which the local value is used for the district's taxable value
1003	952		of property under Section 403.302(c), Government Code.
1004	953		(i) The total amount of adjustments made under this section
1005	954		for a school year may not exceed $60 million.
1006	955		(j) If the total amount of adjustments for which school
1007	956		districts are eligible under this section for a school year exceeds
1008	957		the limit under Subsection (i), the commissioner shall prioritize
1009	958		school districts experiencing the greatest percentage reduction in
1010	959		funding, as determined based on the difference between the amounts
1011	960		determined under Subsection (b).
1012	961		(k) A determination made by the commissioner under this
1013	962		section is final and may not be appealed.
1014	963		Sec. 48.2831. ADDITIONAL STATE AID TO ENSURE MINIMUM
1015		-	FUNDING LEVEL. (a) Beginning with the 2025-2026 school year, a
1016		-	school district is entitled to additional state aid in an amount
1017		-	necessary to ensure the district receives state and local revenue
1018		-	per student in weighted average daily attendance under this chapter
1019		-	and Chapter 49 in an amount at least equal to the sum of:
1020		-	(1) state and local revenue per student in weighted
1021		-	average daily attendance that would have been available to the
1022		-	district for the 2025-2026 school year under this chapter and
1023		-	Chapter 49, as those chapters existed on September 1, 2024; and
1024		-	(2) $200.
1025		-	(b) The amount of additional state aid to which a district
	964	+	FUNDING LEVEL. (a) For the 2025-2026 school year, a school district
	965	+	is entitled to additional state aid in an amount necessary to ensure
	966	+	the district receives state and local revenue under Chapter 46,
	967	+	this chapter, and Chapter 49 in an amount at least equal to the sum
	968	+	of:
	969	+	(1) state and local revenue that would have been
	970	+	available to the district for the 2025-2026 school year under
	971	+	Chapter 46, this chapter, and Chapter 49, as those chapters existed
	972	+	on September 1, 2024; and
	973	+	(2) $200 multiplied by the number of students in
	974	+	weighted average daily attendance in the district for the 2025-2026
	975	+	school year, determined under this chapter as this chapter existed
	976	+	on September 1, 2024.
	977	+	(b) Beginning with the 2026-2027 school year and subject to
	978	+	Subsections (c) and (d), a school district is entitled to
	979	+	additional state aid in an amount necessary to ensure the district
	980	+	receives state and local revenue under Chapter 46, this chapter,
	981	+	and Chapter 49 in an amount at least equal to the greater of:
	982	+	(1) the amount calculated under Subsection (a); or
	983	+	(2) the sum of:
	984	+	(A) state and local revenue that would have been
	985	+	available to the district for the applicable school year under
	986	+	Chapter 46, this chapter, and Chapter 49, as those chapters existed
	987	+	on September 1, 2024; and
	988	+	(B) $200 multiplied by the number of students in
	989	+	weighted average daily attendance in the district for the
	990	+	applicable school year, determined under this chapter as this
	991	+	chapter existed on September 1, 2024.
	992	+	(c) Beginning with the 2027-2028 school year, the amount of
	993	+	additional state aid to which a school district is entitled under
	994	+	this section shall be determined by multiplying the amount
	995	+	calculated under Subsection (b) by:
	996	+	(1) for the 2027-2028 school year, 0.8;
	997	+	(2) for the 2028-2029 school year, 0.6;
	998	+	(3) for the 2029-2030 school year, 0.4; and
	999	+	(4) for the 2030-2031 school year, 0.2.
	1000	+	(d) Beginning with the 2027-2028 school year, a school
	1001	+	district may not receive additional state aid under Subsection (b)
	1002	+	in an amount that exceeds the amount the district received under
	1003	+	that subsection for the 2026-2027 school year.
	1004	+	(e) For the purposes of Subsections (a) and (b), local
	1005	+	revenue under Chapter 46 includes only the eligible local funds for
	1006	+	the instructional facilities allotment under Section 46.003 and the
	1007	+	existing debt allotment under Section 46.032.
	1008	+	(f) The amount of additional state aid to which a district
1026	1009		is entitled under this section shall be calculated only after all
1027		-	other funding to which the district is entitled under this chapter
1028		-	and Chapter 49 has been calculated.
1029		-	(c) For purposes of calculating the amount of additional
1030		-	state aid to which a district is entitled under this section, the
1031		-	agency shall:
1032		-	(1) for the 2025-2026 school year, use the same values
1033		-	for formula funding adjustments under this chapter and Chapter 49,
1034		-	as those chapters existed on September 1, 2024, that the agency used
1035		-	during that school year; and
1036		-	(2) for a school year after the 2025-2026 school year,
1037		-	exclude any formula funding adjustments under this chapter and
1038		-	Chapter 49, as those chapters existed on September 1, 2024, that are
1039		-	expired or do not apply to the district for a school year following
1040		-	the 2025-2026 school year as provided by this chapter and Chapter
1041		-	49, as those chapters existed on September 1, 2024.
1042		-	(d) The agency shall notify the Legislative Budget Board as
	1010	+	other funding to which the district is entitled under Chapter 46,
	1011	+	this chapter, and Chapter 49 has been calculated.
	1012	+	(g) The agency shall notify the Legislative Budget Board as
1043	1013		soon as practicable after the agency determines that no school
1044	1014		districts qualify for additional state aid under this section.
	1015	+	(h) This section expires September 1, 2031.
1045	1016		Sec. 48.284. ADDITIONAL STATE AID FOR REGIONAL INSURANCE
1046	1017		COST DIFFERENTIALS. (a) In this section, "catastrophe area" and
1047	1018		"first tier coastal county" have the meanings assigned by Section
1048	1019		2210.003, Insurance Code.
1049	1020		(b) This section applies to a school district or
1050	1021		open-enrollment charter school that has the following property
1051	1022		located in a first tier coastal county or an area designated in 2024
1052	1023		as a catastrophe area:
1053	1024		(1) the central administrative office of the district
1054	1025		or school; and
1055	1026		(2) a majority of campuses of the district or school.
1056	1027		(c) A school district or open-enrollment charter school to
1057	1028		which this section applies is entitled to additional state aid for
1058	1029		each student in adjusted average daily attendance in an amount
1059	1030		equal to the difference between, for the 2023-2024 school year, or a
1060	1031		different school year specified by appropriation:
1061	1032		(1) the total amount paid for property and casualty
1062	1033		insurance by districts and schools in the county or catastrophe
1063	1034		area described by Subsection (b) in which the district's or school's
1064	1035		property is located divided by the total number of students in
1065	1036		average daily attendance for all districts and schools in the
1066	1037		county or catastrophe area; and
1067	1038		(2) the total amount paid for property and casualty
1068	1039		insurance by districts and schools in the state divided by the total
1069	1040		number of students in average daily attendance in the state.
1070	1041		(d) For purposes of Subsection (c), the average daily
1071		-	attendance of a school district that qualifies for, or an
1072		-	open-enrollment charter school that if the school were a school
1073		-	district would qualify for, an allotment under Section 48.101 is
1074		-	the district's or school's average daily attendance multiplied by
1075		-	the sum of one and:
1076		-	(1) for a school district, the district's annual
1077		-	allotment per student in average daily attendance under that
1078		-	section divided by the basic allotment; or
1079		-	(2) for an open-enrollment charter school, the
1080		-	school's allotment determined per student in average daily
1081		-	attendance under Section 12.106(a-2) divided by the basic
1082		-	allotment.
1083		-	SECTION 1.33. Sections 12.1058(e) and 12.106(a-4),
1084		-	Education Code, are repealed.
1085		-	SECTION 1.34. Immediately following the effective date of
	1042	+	attendance of a school district that qualifies for an allotment
	1043	+	under Section 48.101 is the district's average daily attendance
	1044	+	multiplied by the sum of one and the decimal fraction used to
	1045	+	determine the district's allotment under that section.
	1046	+	SECTION 1.30. Sections 12.1058(e), 12.106(a-4), and
	1047	+	48.2542, Education Code, are repealed.
	1048	+	SECTION 1.31. Immediately following the effective date of
1086	1049		this Act, a school district or open-enrollment charter school shall
1087	1050		redesignate a teacher who holds a designation made under Section
1088	1051		21.3521, Education Code, before the effective date of this Act, to
1089	1052		reflect the teacher's designation under Section 21.3521, Education
1090	1053		Code, as amended by this article. Funding provided to a school
1091	1054		district under Section 48.112, Education Code, as amended by this
1092	1055		article, for a teacher who held a designation made under Section
1093	1056		21.3521, Education Code, as that section existed immediately before
1094	1057		the effective date of this Act, shall be increased to reflect the
1095	1058		teacher's redesignation under Section 21.3521, Education Code, as
1096	1059		amended by this article.
1097		-	SECTION 1.35. Not later than September 1, ~~2027~~, the
	1060	+	SECTION 1.32. Not later than September 1, 2026, the
1098	1061		commissioner of education shall post on the Texas Education
1099	1062		Agency's Internet website the initial list of enhanced teacher
1100	1063		incentive allotment public schools required by Section
1101	1064		21.3521(d-3), Education Code, as added by this article.
1102		-	SECTION 1.36. As soon as practicable after the effective
	1065	+	SECTION 1.33. As soon as practicable after the effective
1103	1066		date of this Act, the commissioner of education shall establish the
1104	1067		grant program required under Section 29.941, Education Code, as
1105	1068		added by this article.
1106	1069		ARTICLE 2. TEACHER PREPARATION AND CHANGES RELATED TO EMPLOYEES
1107	1070		SECTION 2.01. Section 12A.004(a), Education Code, is
1108	1071		amended to read as follows:
1109	1072		(a) A local innovation plan may not provide for the
1110	1073		exemption of a district designated as a district of innovation from
1111	1074		the following provisions of this title:
1112	1075		(1) a state or federal requirement applicable to an
1113	1076		open-enrollment charter school operating under Subchapter D,
1114	1077		Chapter 12;
1115	1078		(2) Subchapters A, C, D, and E, Chapter 11, except that
1116	1079		a district may be exempt from Sections 11.1511(b)(5) and (14) and
1117	1080		Section 11.162;
1118	1081		(3) the employment of uncertified classroom teachers
1119	1082		under Section 21.0032;
1120	1083		(4) parental notification requirements under Section
1121	1084		21.057;
1122	1085		(5) state curriculum and graduation requirements
1123	1086		adopted under Chapter 28; and
1124	1087		(6) [(4)] academic and financial accountability and
1125	1088		sanctions under Chapters 39 and 39A.
1126	1089		SECTION 2.02. Section 21.001, Education Code, is amended by
1127	1090		adding Subdivision (3-b) to read as follows:
1128	1091		(3-b) "Teacher of record" means a person employed by a
1129	1092		school district who teaches the majority of the instructional day
1130	1093		in an academic instructional setting and is responsible for
1131	1094		evaluating student achievement and assigning grades.
1132	1095		SECTION 2.03. Subchapter A, Chapter 21, Education Code, is
1133	1096		amended by adding Sections 21.0032 and 21.0033 to read as follows:
1134	1097		Sec. 21.0032. EMPLOYMENT OF UNCERTIFIED CLASSROOM
1135		-	TEACHERS. (a) A school district may not employ as a ~~teacher of~~
1136		-	~~record~~ for a course in the foundation curriculum under Section
	1098	+	TEACHERS. (a) A school district may not employ as a classroom
	1099	+	teacher for a course in the foundation curriculum under Section
1137	1100		28.002 a person who does not hold an appropriate certificate or
1138		-	permit ~~required~~ by the State Board for Educator Certification under
	1101	+	permit issued by the State Board for Educator Certification under
1139	1102		Subchapter B.
1140	1103		(a-1) Notwithstanding Subsection (a), a school district may
1141	1104		employ as a classroom teacher for a course in the foundation
1142	1105		curriculum under Section 28.002 not more than the following
1143	1106		applicable percentage of classroom teachers who do not hold an
1144		-	appropriate certificate or permit ~~required~~ by the State Board for
	1107	+	appropriate certificate or permit issued by the State Board for
1145	1108		Educator Certification under Subchapter B:
1146	1109		(1) for the 2026-2027 school year, 20 percent;
1147	1110		(2) for the 2027-2028 school year, 15 percent;
1148	1111		(3) for the 2028-2029 school year, 10 percent; and
1149	1112		(4) for the 2029-2030 school year, 5 percent.
1150	1113		(a-2) This subsection and Subsection (a-1) expire September
1151	1114		1, 2031.
1152	1115		(b) This section does not preclude a school district from:
1153	1116		(1) receiving a waiver under Section 7.056; or
1154	1117		(2) issuing a school district teaching permit under
1155	1118		Section 21.055.
1156	1119		Sec. 21.0033. TEACHER CERTIFICATION INCENTIVE. (a) From
1157	1120		money appropriated or otherwise available for the purpose, the
1158	1121		agency shall provide to each school district a one-time payment of
1159	1122		$1,000 for each classroom teacher employed by the district who:
1160	1123		(1) was hired for the 2022-2023 or 2023-2024 school
1161	1124		year as a first-year teacher;
1162	1125		(2) was uncertified on January 1, 2025;
1163	1126		(3) earned a standard certificate under Subchapter B
1164	1127		by the end of the 2025-2026 school year; and
1165	1128		(4) was continuously employed by the district since
1166	1129		the school year described by Subdivision (1).
1167	1130		(b) This section expires September 1, 2027.
1168	1131		SECTION 2.04. Subchapter B, Chapter 21, Education Code, is
1169	1132		amended by adding Section 21.0411 to read as follows:
1170	1133		Sec. 21.0411. WAIVER OR PAYMENT OF CERTAIN EXAMINATION AND
1171	1134		CERTIFICATION FEES. (a) Notwithstanding a rule adopted under
1172	1135		Section 21.041(c), the board shall, for a person applying for a
1173	1136		certification in special education, bilingual education, or
1174	1137		another area specified by the General Appropriations Act, waive:
1175	1138		(1) a certification examination fee imposed by the
1176	1139		board for the first administration of the examination to the
1177	1140		person; and
1178	1141		(2) a fee associated with the application for
1179	1142		certification by the person.
1180	1143		(b) The board shall pay to a vendor that administers a
1181	1144		certification examination described by Subsection (a) a fee
1182	1145		assessed by that vendor for the examination of a person applying for
1183	1146		a certification described by Subsection (a) for the first
1184	1147		administration of the examination to the person.
1185	1148		SECTION 2.05. Subchapter I, Chapter 21, Education Code, is
1186	1149		amended by adding Section 21.416 to read as follows:
1187	1150		Sec. 21.416. EMPLOYED RETIREE EDUCATOR REIMBURSEMENT GRANT
1188	1151		PROGRAM. (a) From money appropriated or otherwise available, the
1189	1152		commissioner shall establish and administer a grant program to
1190	1153		reimburse a school district, an open-enrollment charter school, the
1191	1154		Windham School District, the Texas School for the Deaf, or the Texas
1192	1155		School for the Blind and Visually Impaired for the increased
1193	1156		contributions to the Teacher Retirement System of Texas associated
1194	1157		with hiring a teacher, or an educator providing special education
1195	1158		services, who retired before September 1, 2024.
1196	1159		(b) In appropriating money for grants awarded under this
1197	1160		section, the legislature may provide for, modify, or limit amounts
1198	1161		appropriated for that purpose in the General Appropriations Act,
1199	1162		including by:
1200	1163		(1) providing, notwithstanding Subsection (a), a date
1201	1164		or date range other than September 1, 2024, before which a teacher
1202	1165		or educator must have retired for a school district, an
1203	1166		open-enrollment charter school, the Windham School District, the
1204	1167		Texas School for the Deaf, or the Texas School for the Blind and
1205	1168		Visually Impaired to be eligible; or
1206	1169		(2) limiting eligibility to a district or school
1207	1170		described by Subdivision (1) that hires a retired teacher or
1208	1171		educator, as applicable:
1209	1172		(A) who holds a certain certification;
1210	1173		(B) to teach a certain subject or grade;
1211	1174		(C) in a certain geographical area; or
1212	1175		(D) to provide instruction to certain students,
1213	1176		including to students with disabilities.
1214	1177		(c) The commissioner shall proportionally reduce the amount
1215	1178		of money awarded to school districts, open-enrollment charter
1216	1179		schools, the Windham School District, the Texas School for the
1217	1180		Deaf, and the Texas School for the Blind and Visually Impaired under
1218	1181		this section if the number of grant applications by eligible
1219	1182		districts or schools exceeds the number of grants the commissioner
1220	1183		could award with the money appropriated or otherwise available for
1221	1184		the purpose.
1222	1185		(d) A school district, an open-enrollment charter school,
1223	1186		the Windham School District, the Texas School for the Deaf, or the
1224	1187		Texas School for the Blind and Visually Impaired may use money
1225	1188		received under this section to make required payments under Section
1226	1189		825.4092, Government Code.
1227	1190		SECTION 2.06. Chapter 21, Education Code, is amended by
1228	1191		adding Subchapter R to read as follows:
1229	1192		SUBCHAPTER R. GROW YOUR OWN PARTNERSHIP PROGRAM
1230	1193		Sec. 21.901. DEFINITIONS. In this subchapter:
1231	1194		(1) "Cooperating teacher" means a classroom teacher
1232	1195		who:
1233	1196		(A) has at least three full school years of
1234	1197		teaching experience with a superior record of assisting students in
1235	1198		achieving improvement in student performance;
1236	1199		(B) is employed by a school district or
1237	1200		open-enrollment charter school participating in the program under
1238	1201		this subchapter and paired with a student or employee participating
1239	1202		in the program at the district or school; and
1240	1203		(C) provides coaching to a student or employee
1241	1204		participating in the program in the teacher's classroom.
1242	1205		(2) "Program" means the Grow Your Own Partnership
1243	1206		Program established under Section 21.902.
1244	1207		Sec. 21.902. GROW YOUR OWN PARTNERSHIP PROGRAM. (a) The
1245	1208		commissioner shall establish the Grow Your Own Partnership Program
1246	1209		to enable qualified institutions of higher education and educator
1247	1210		preparation programs, as determined by the commissioner, to form
1248	1211		partnerships with school districts or open-enrollment charter
1249	1212		schools to establish innovative staffing pipelines to ensure the
1250	1213		availability of high-quality classroom teachers to benefit future
1251	1214		district or school students.
1252	1215		(b) The program must be designed to form partnerships that
1253	1216		support:
1254	1217		(1) high school students in completing career and
1255	1218		technical education courses that help prepare the students to
1256	1219		become classroom teachers; or
1257	1220		(2) district or school employees who do not hold a
1258	1221		teaching certificate in completing an associate degree or the first
1259	1222		60 hours of a bachelor's degree to enable the person to become a
1260	1223		classroom teacher while employed by the district or school.
1261	1224		(c) A school district or open-enrollment charter school may
1262	1225		participate in the program on the approval of an application
1263	1226		submitted to the commissioner by the district or school.
1264	1227		(d) A school district or open-enrollment charter school
1265	1228		participating in the program shall:
1266	1229		(1) for a partnership described by Subsection (b)(1),
1267	1230		provide:
1268	1231		(A) authentic opportunities, which may be paid or
1269	1232		unpaid, for students to practice teaching under the supervision of
1270	1233		a cooperating teacher; and
1271	1234		(B) guidance and other transition supports as a
1272	1235		student begins an undergraduate degree program that offers a route
1273	1236		to teacher preparation;
1274	1237		(2) for a partnership described by Subsection (b)(2),
1275	1238		provide for a district or school employee:
1276	1239		(A) scheduled release time to support the
1277	1240		completion of an associate degree or the first 60 hours of a
1278	1241		bachelor's degree;
1279	1242		(B) authentic opportunities to practice teaching
1280	1243		under the supervision of a cooperating teacher;
1281	1244		(C) on-the-job training aligned with the
1282	1245		standards for educator certification established by the board;
1283	1246		(D) a job assignment that includes instructional
1284	1247		support for students enrolled in the district or school; and
1285	1248		(E) guidance and other transition supports as the
1286	1249		employee begins a program to satisfy the teacher preparation
1287	1250		requirements under Subchapter B;
1288	1251		(3) enter into a written agreement with an institution
1289	1252		of higher education;
1290	1253		(4) require an employee participating in a partnership
1291	1254		described by Subsection (b)(2) to, as a condition for
1292	1255		participation, earn a bachelor's degree and enroll in an educator
1293	1256		preparation program within three years of completion of an
1294	1257		associate degree or the first 60 hours of a bachelor's degree; and
1295	1258		(5) provide any information required by the agency
1296	1259		regarding the district's or school's implementation of the program.
1297	1260		(e) A school district or open-enrollment charter school may
1298	1261		use money received under Section 48.157 to implement the program
1299	1262		and pay tuition and fees, including certification fees, for
1300	1263		students or employees participating in the program.
1301	1264		(f) A school district or open-enrollment charter school may
1302	1265		only pair a student or employee participating in the program with a
1303	1266		cooperating teacher who agrees to participate in that role in the
1304	1267		program at the district or school.
1305	1268		(g) A student or employee participating in the program may
1306	1269		not serve:
1307	1270		(1) as a teacher of record; or
1308	1271		(2) except as provided by Subsection (h), in a
1309	1272		position in which the student or employee has the primary or sole
1310	1273		responsibility of providing instruction or supervision to
1311	1274		students.
1312	1275		(h) A student or employee participating in the program may
1313	1276		serve in a position described by Subsection (g)(2) for the limited
1314	1277		purpose of gaining experience in the position. The student's or
1315	1278		employee's amount of time serving in that position may not exceed
1316	1279		the amount of time during which the teacher of record for the
1317	1280		students has the primary or sole responsibility of providing
1318	1281		instruction or supervision to those students.
1319	1282		Sec. 21.903. RULES. The commissioner shall adopt rules as
1320	1283		necessary to implement this subchapter.
1321	1284		SECTION 2.07. Subchapter D, Chapter 48, Education Code, is
1322	1285		amended by adding Section 48.157 to read as follows:
1323	1286		Sec. 48.157. GROW YOUR OWN PARTNERSHIP PROGRAM ALLOTMENT.
1324	1287		(a) Subject to Subsection (d), for each district employee
1325	1288		participating in a partnership described by Section 21.902(b)(2), a
1326	1289		school district is entitled to an annual allotment equal to the sum
1327	1290		of:
1328	1291		(1) $8,000; and
1329	1292		(2) the high needs and rural factor, as determined
1330	1293		under Subsection (b), multiplied by $1,000.
1331	1294		(b) The high needs and rural factor is the lesser of:
1332	1295		(1) the average of the point value assigned to each
1333	1296		student at a district campus under Sections 48.112(e) and (f); or
1334	1297		(2) 4.0.
1335	1298		(c) The Texas School for the Deaf and the Texas School for
1336	1299		the Blind and Visually Impaired are entitled to an allotment under
1337	1300		this section. If the commissioner determines that assigning point
1338	1301		values under Subsection (b) to students enrolled in the Texas
1339	1302		School for the Deaf or the Texas School for the Blind and Visually
1340	1303		Impaired is impractical, the commissioner may use the average point
1341	1304		value assigned for those students' home districts for purposes of
1342	1305		calculating the high needs and rural factor.
1343	1306		(d) Unless a greater number of individuals is provided for
1344	1307		by appropriation for that school year, a school district may
1345	1308		receive an allotment under this section for a school year for not
1346	1309		more than 40 district employees.
1347	1310		(e) The agency shall provide 50 percent of the money the
1348	1311		school district is entitled to receive under this section for a
1349	1312		district employee only on the employee's successful completion of a
1350	1313		bachelor's degree by the deadline established by the agency.
1351	1314		SECTION 2.08. Section 12A.004(a), Education Code, as
1352	1315		amended by this article, applies to each local innovation plan
1353	1316		adopted under Chapter 12A, Education Code, regardless of whether
1354	1317		the plan was adopted before, on, or after the effective date of this
1355	1318		article. A local innovation plan adopted or renewed before the
1356	1319		effective date of this article must comply with Section 12A.004(a),
1357	1320		Education Code, as amended by this article, not later than
1358	1321		September 1, 2025.
1359	1322		ARTICLE 3. SPECIAL EDUCATION
1360	1323		SECTION 3.01. Section 7.021(b)(10), Education Code, is
1361	1324		amended to read as follows:
1362	1325		(10) The agency shall carry out duties assigned under
1363	1326		Section 30.002 concerning children who have visual impairments, are
1364	1327		deaf or hard of hearing, or are deaf-blind [with visual
1365	1328		impairments].
1366	1329		SECTION 3.02. Section 7.055(b)(25), Education Code, is
1367	1330		amended to read as follows:
1368	1331		(25) The commissioner shall develop a system to
1369	1332		distribute to school districts or regional education service
1370	1333		centers a special supplemental allowance for students with visual
1371	1334		impairments as required under Section 30.0021 [30.002].
1372	1335		SECTION 3.03. Section 8.051(d), Education Code, is amended
1373	1336		to read as follows:
1374	1337		(d) Each regional education service center shall maintain
1375	1338		core services for purchase by school districts and campuses. The
1376	1339		core services are:
1377	1340		(1) training and assistance in:
1378	1341		(A) teaching each subject area assessed under
1379	1342		Section 39.023; and
1380	1343		(B) providing instruction in personal financial
1381	1344		literacy as required under Section 28.0021;
1382	1345		(2) training and assistance in providing each program
1383	1346		that qualifies for a funding allotment under Section 48.102,
1384	1347		48.1021, 48.103, 48.104, 48.105, or 48.109;
1385	1348		(3) assistance specifically designed for a school
1386	1349		district or campus assigned an unacceptable performance rating
1387	1350		under Section 39.054;
1388	1351		(4) training and assistance to teachers,
1389	1352		administrators, members of district boards of trustees, and members
1390	1353		of site-based decision-making committees;
1391	1354		(5) assistance specifically designed for a school
1392	1355		district that is considered out of compliance with state or federal
1393	1356		special education requirements, based on the agency's most recent
1394	1357		compliance review of the district's special education programs; and
1395	1358		(6) assistance in complying with state laws and rules.
1396	1359		SECTION 3.04. Sections 28.025(c-7) and (c-8), Education
1397	1360		Code, are amended to read as follows:
1398	1361		(c-7) Subject to Subsection (c-8), a student who is enrolled
1399	1362		in a special education program under Subchapter A, Chapter 29, may
1400	1363		earn the distinguished level of achievement under Subsection (b-15)
1401	1364		or an endorsement on the student's transcript under Subsection
1402	1365		(c-1) by:
1403	1366		(1) successfully completing, with or without
1404	1367		modification of the curriculum:
1405	1368		(A) the curriculum requirements identified by
1406	1369		the State Board of Education under Subsection (a); [and]
1407	1370		(B) for the distinguished level of achievement,
1408	1371		the additional curriculum requirements prescribed under Subsection
1409	1372		(b-15); and
1410	1373		(C) for an endorsement, the additional
1411	1374		[endorsement] curriculum requirements prescribed by the State
1412	1375		Board of Education under Subsection (c-2); and
1413	1376		(2) successfully completing all curriculum
1414	1377		requirements for the distinguished level of achievement or that
1415	1378		endorsement adopted by the State Board of Education:
1416	1379		(A) without modification of the curriculum; or
1417	1380		(B) with modification of the curriculum,
1418	1381		provided that the curriculum, as modified, is sufficiently rigorous
1419	1382		as determined by the student's admission, review, and dismissal
1420	1383		committee and documented in the student's individualized education
1421	1384		program.
1422	1385		(c-8) For purposes of Subsection (c-7), the admission,
1423	1386		review, and dismissal committee of a student in a special education
1424	1387		program under Subchapter A, Chapter 29, shall determine whether the
1425	1388		student is required to achieve satisfactory performance on an
1426	1389		end-of-course assessment instrument to earn the distinguished
1427	1390		level of achievement or an endorsement on the student's transcript.
1428	1391		SECTION 3.05. Section 29.001, Education Code, is amended to
1429	1392		read as follows:
1430	1393		Sec. 29.001. IMPLEMENTATION OF SPECIAL EDUCATION
1431	1394		LAW [STATEWIDE PLAN]. (a) As the state education agency
1432	1395		responsible for carrying out the purposes of Part B, Individuals
1433	1396		with Disabilities Education Act (20 U.S.C. Section 1411 et seq.),
1434	1397		the [The] agency shall develop, and revise [modify] as necessary, a
1435	1398		comprehensive system to ensure statewide and local compliance
1436	1399		[design, consistent] with federal and state law related to special
1437	1400		education[, for the delivery of services to children with
1438	1401		disabilities in this state that includes rules for the
1439	1402		administration and funding of the special education program so that
1440	1403		a free appropriate public education is available to all of those
1441	1404		children between the ages of three and 21].
1442	1405		(b) The comprehensive system must [statewide design shall]
1443	1406		include the provision of services primarily through school
1444	1407		districts and shared services arrangements, supplemented by
1445	1408		regional education service centers.
1446		-	(c) The comprehensive system must focus on ~~providing a free~~
1447		-	~~appropriate public education and maximizing~~ student outcomes and
1448		-	~~include [agency shall also develop and~~ implement a statewide plan
1449		-	~~with programmatic content that includes~~ procedures designed to]:
	1409	+	(c) The comprehensive system must focus on maximizing
	1410	+	student outcomes and include [agency shall also develop and
	1411	+	implement a statewide plan with programmatic content that includes
	1412	+	procedures designed to]:
1450	1413		(1) rulemaking, technical assistance, guidance
1451	1414		documents, monitoring protocols, data elements necessary for
1452	1415		statewide reporting, and other resources as necessary to implement
1453	1416		and ensure compliance with federal and state law related to special
1454	1417		education [ensure state compliance with requirements for
1455	1418		supplemental federal funding for all state-administered programs
1456	1419		involving the delivery of instructional or related services to
1457	1420		students with disabilities];
1458	1421		(2) the facilitation of [facilitate] interagency
1459	1422		coordination when other state agencies are involved in the delivery
1460	1423		of instructional or related services to students with disabilities;
1461	1424		(3) the pursuit of [periodically assess statewide
1462	1425		personnel needs in all areas of specialization related to special
1463	1426		education and pursue] strategies to meet statewide special
1464	1427		education and related services personnel [those] needs [through a
1465	1428		consortium of representatives from regional education service
1466	1429		centers, local education agencies, and institutions of higher
1467	1430		education and through other available alternatives];
1468	1431		(4) ensuring [ensure] that regional education service
1469	1432		centers throughout the state maintain a regional support function,
1470	1433		which may include procedures for service centers to assist school
1471	1434		districts in identifying existing public or private educational or
1472	1435		related services in each region, cooperatively developing programs
1473	1436		for students with disabilities, providing to or obtaining for
1474	1437		school districts special equipment, delivering services, and
1475	1438		facilitating [direct service delivery and a component designed to
1476	1439		facilitate] the placement of students with disabilities who cannot
1477	1440		be appropriately served in their resident districts;
1478	1441		(5) [allow the agency to] effectively monitoring
1479	1442		[monitor] and periodically conducting [conduct] site visits of all
1480	1443		school districts to ensure that rules adopted under this subchapter
1481	1444		[section] are applied in a consistent and uniform manner, to ensure
1482	1445		that districts are complying with those rules, and to ensure that
1483	1446		annual statistical reports filed by the districts and not otherwise
1484	1447		available through the Public Education Information Management
1485	1448		System under Sections 48.008 and 48.009 are accurate and complete;
1486	1449		and
1487	1450		(6) the provision of training and technical assistance
1488	1451		to ensure that:
1489	1452		(A) appropriately trained personnel are involved
1490	1453		in the diagnostic and evaluative procedures operating in all
1491	1454		districts and that those personnel routinely serve on district
1492	1455		multidisciplinary evaluation teams and admissions, review, and
1493	1456		dismissal committees;
1494	1457		(B) [(7) ensure that] an individualized
1495	1458		education program for each student with a disability is properly
1496	1459		developed, implemented, and maintained in the least restrictive
1497	1460		environment that is appropriate to meet the student's educational
1498	1461		needs;
1499	1462		(C) appropriately trained personnel are
1500	1463		available to students with disabilities who have significant
1501	1464		behavioral support needs, including by providing behavioral
1502	1465		support training for a paraprofessional or teacher placed in a
1503	1466		classroom or other setting that is intended to provide specialized
1504	1467		behavioral supports to a student with a disability, as needed or at
1505	1468		regular intervals as provided in the student's individualized
1506	1469		education program;
1507	1470		(D) [(8) ensure that,] when appropriate, each
1508	1471		student with a disability is provided an opportunity to participate
1509	1472		in career and technology and physical education classes[, in
1510	1473		addition to participating in regular or special classes];
1511	1474		(E) [(9) ensure that] each student with a
1512	1475		disability is provided necessary related services;
1513	1476		(F) school districts have an opportunity to
1514	1477		request technical assistance from the agency or a regional
1515	1478		education service center in establishing classroom environments
1516	1479		conducive to learning for students with disabilities, including
1517	1480		environments for students whose data indicate behavior that
1518	1481		significantly impedes the student's own learning and the learning
1519	1482		of other students;
1520	1483		(G) [(10) ensure that] an individual assigned
1521	1484		to act as a surrogate parent for a child with a disability, as
1522	1485		provided by 20 U.S.C. Section 1415(b), is required to:
1523	1486		(i) [(A)] complete a training program that
1524	1487		complies with minimum standards established by agency rule;
1525	1488		(ii) [(B)] visit the child and the child's
1526	1489		school;
1527	1490		(iii) [(C)] consult with persons involved
1528	1491		in the child's education, including teachers, caseworkers,
1529	1492		court-appointed volunteers, guardians ad litem, attorneys ad
1530	1493		litem, foster parents, and caretakers;
1531	1494		(iv) [(D)] review the child's educational
1532	1495		records;
1533	1496		(v) [(E)] attend meetings of the child's
1534	1497		admission, review, and dismissal committee;
1535	1498		(vi) [(F)] exercise independent judgment
1536	1499		in pursuing the child's interests; and
1537	1500		(vii) [(G)] exercise the child's due
1538	1501		process rights under applicable state and federal law; and
1539	1502		(H) [(11) ensure that] each district develops a
1540	1503		process to be used by a teacher who instructs a student with a
1541	1504		disability in a general education [regular] classroom setting:
1542	1505		(i) [(A)] to request a review of the
1543	1506		student's individualized education program;
1544	1507		(ii) [(B)] to provide input in the
1545	1508		development of the student's individualized education program;
1546	1509		(iii) [(C)] that provides for a timely
1547	1510		district response to the teacher's request; and
1548	1511		(iv) [(D)] that provides for notification
1549	1512		to the student's parent or legal guardian of that response.
1550	1513		SECTION 3.06. Subchapter A, Chapter 29, Education Code, is
1551	1514		amended by adding Section 29.0012 to read as follows:
1552	1515		Sec. 29.0012. ANNUAL MEETING ON SPECIAL EDUCATION. (a) At
1553	1516		least once each year, the board of trustees of a school district or
1554	1517		the governing body of an open-enrollment charter school shall
1555	1518		include during a public meeting a discussion of the performance of
1556	1519		students receiving special education services at the district or
1557	1520		school.
1558	1521		(b) The agency by rule shall adopt a set of performance
1559	1522		indicators for measuring and evaluating the quality of learning and
1560	1523		achievement for students receiving special education services at
1561	1524		the school district or open-enrollment charter school to be
1562	1525		considered at a meeting held under this section. The indicators
1563	1526		must include performance on the college, career, or military
1564	1527		readiness outcomes described by Section 48.110.
1565	1528		SECTION 3.07. Section 29.003, Education Code, is amended to
1566	1529		read as follows:
1567	1530		Sec. 29.003. ELIGIBILITY CRITERIA. (a) The agency shall
1568	1531		develop specific eligibility criteria based on the general
1569	1532		classifications established by this section and in accordance with
1570	1533		federal law [with reference to contemporary diagnostic or
1571	1534		evaluative terminologies and techniques]. Eligible students with
1572	1535		disabilities shall enjoy the right to a free appropriate public
1573	1536		education, which may include instruction in the general education
1574	1537		[regular] classroom, instruction through special teaching, or
1575	1538		instruction through contracts approved under this subchapter.
1576	1539		Instruction shall be supplemented by the provision of related
1577	1540		services when appropriate.
1578	1541		(b) A student is eligible to participate in a school
1579	1542		district's special education program [if the student]:
1580	1543		(1) from birth through [is not more than] 21 years of
1581	1544		age if the student [and] has a visual [or auditory] impairment, is
1582	1545		deaf or hard of hearing, or is deaf-blind and that disability
1583	1546		prevents the student from being adequately or safely educated in
1584	1547		public school without the provision of special education services;
1585	1548		[or]
1586	1549		(2) from three years of age through nine years of age
1587	1550		if the student is experiencing developmental delays as described by
1588	1551		20 U.S.C. Section 1401(3)(B) and defined by commissioner rule; or
1589	1552		(3) from 3 years of age through [is at least three but
1590	1553		not more than] 21 years of age if the student [and] has one or more
1591	1554		of the [following] disabilities described by 20 U.S.C. Section
1592	1555		1401(3)(A) and that disability prevents the student from being
1593	1556		adequately or safely educated in public school without the
1594	1557		provision of special education services[:
1595	1558		[(A) physical disability;
1596	1559		[(B) intellectual or developmental disability;
1597	1560		[(C) emotional disturbance;
1598	1561		[(D) learning disability;
1599	1562		[(E) autism;
1600	1563		[(F) speech disability; or
1601	1564		[(G) traumatic brain injury].
1602	1565		SECTION 3.08. Sections 29.005(a), (d), and (e), Education
1603	1566		Code, are amended to read as follows:
1604	1567		(a) Before a child is enrolled in a special education
1605	1568		program of a school district, the district shall establish a
1606	1569		committee composed of the persons required under 20 U.S.C. Section
1607	1570		1414(d) to develop the child's individualized education program.
1608	1571		If a committee is required to include a general [regular] education
1609	1572		teacher, the [regular education] teacher included must, to the
1610	1573		extent practicable, be a teacher who is responsible for
1611	1574		implementing a portion of the child's individualized education
1612	1575		program.
1613	1576		(d) If the primary language of the child's parent is a
1614	1577		language other than [is unable to speak] English, the district
1615	1578		shall:
1616	1579		(1) provide the parent with a written or audiotaped
1617	1580		copy of the child's individualized education program translated
1618	1581		into Spanish if Spanish is the parent's primary [native] language;
1619	1582		or
1620	1583		(2) if the parent's primary [native] language is a
1621	1584		language other than Spanish, make a good faith effort to provide the
1622	1585		parent with a written or audiotaped copy of the child's
1623	1586		individualized education program translated into the parent's
1624	1587		primary [native] language.
1625	1588		(e) The commissioner by rule may require a school district
1626	1589		to include in the individualized education program of a student
1627	1590		with autism [or another pervasive developmental disorder] any
1628	1591		information or requirement determined necessary to ensure the
1629	1592		student receives a free appropriate public education as required
1630	1593		under the Individuals with Disabilities Education Act (20 U.S.C.
1631	1594		Section 1400 et seq.).
1632	1595		SECTION 3.09. Section 29.0051, Education Code, is amended
1633	1596		by adding Subsection (d) to read as follows:
1634	1597		(d) From federal money available for the purpose, the
1635	1598		commissioner may develop or procure the model form developed under
1636	1599		Subsection (a) in a digital format. If the commissioner develops or
1637	1600		procures the model form in a digital format, the commissioner shall
1638	1601		adopt rules regarding school district use of the form in that
1639	1602		format.
1640	1603		SECTION 3.10. Subchapter A, Chapter 29, Education Code, is
1641	1604		amended by adding Section 29.0056 to read as follows:
1642		-	Sec. 29.0056. INFORMATION ON COMMUNITY-BASED SUPPORTS AND
1643		-	RESIDENTIAL OPTIONS. (a) In this section, "state supported living
1644		-	center" has the meaning assigned by Section 531.002, Health and
1645		-	Safety Code.
	1605	+	Sec. 29.0056. INFORMATION REGARDING STATE SUPPORTED LIVING
	1606	+	CENTERS. (a) In this section, "state supported living center" has
	1607	+	the meaning assigned by Section 531.002, Health and Safety Code.
1646	1608		(b) The Health and Human Services Commission, in
1647		-	collaboration with the agency and stakeholders, shall develop and
1648		-	provide to the agency materials regarding residential options and
1649		-	supports for children who may qualify for home and community-based
1650		-	supports or a residential placement. The agency shall make the
1651		-	materials developed under this subsection available to school
	1609	+	collaboration with the agency and stakeholders who represent the
	1610	+	full continuum of educational residential placement options, shall
	1611	+	develop and provide to the agency materials regarding educational
	1612	+	residential placement options for children who may qualify for
	1613	+	placement in a state supported living center. The agency shall make
	1614	+	the materials developed under this subsection available to school
1652	1615		districts.
1653		-	(c) The materials must include information regarding:
1654		-	(1) the local intellectual and developmental
1655		-	disability authority; and
1656		-	(2) community-based supports and residential options,
1657		-	including:
1658		-	(A) the following waiver programs established
1659		-	under Section 1915(c), Social Security Act (42 U.S.C. Section
1660		-	1396n(c)):
1661		-	(i) the youth empowerment services program;
1662		-	(ii) the home and community-based services
1663		-	program;
1664		-	(iii) the Texas home living program;
1665		-	(iv) the community living assistance and
1666		-	support services program; and
1667		-	(v) the deaf-blind with multiple
1668		-	disabilities program;
1669		-	(B) the Medicaid program serving individuals
1670		-	with an intellectual or developmental disability who receive care
1671		-	in intermediate care facilities other than a state supported living
1672		-	center; and
1673		-	(C) state supported living centers.
1674		-	(d) A school district shall include the materials developed
1675		-	under Subsection (b) in the notice of procedural safeguards under
1676		-	20 U.S.C. Section 1415(b).
	1616	+	(c) At a meeting of a child's admission, review, and
	1617	+	dismissal committee at which residential placement is discussed,
	1618	+	the school district shall provide to the child's parent the
	1619	+	materials developed under Subsection (b).
1677	1620		SECTION 3.11. Sections 29.006(a) and (c), Education Code,
1678	1621		are amended to read as follows:
1679	1622		(a) The governor shall appoint a continuing advisory
1680	1623		committee consistent with [, composed of 17 members, under] 20
1681	1624		U.S.C. Section 1412(a)(21). At least one member appointed under
1682	1625		this subsection must be a director of special education programs
1683	1626		for a school district.
1684	1627		(c) Members of the committee are appointed for staggered
1685	1628		terms of four years with the terms of half of the [eight or nine]
1686	1629		members or, for an odd number of members, half of the members
1687	1630		rounded down or half of the members rounded up expiring on February
1688	1631		1 of each odd-numbered year.
1689	1632		SECTION 3.12. Section 29.008, Education Code, is amended to
1690	1633		read as follows:
1691	1634		Sec. 29.008. CONTRACTS FOR SERVICES; RESIDENTIAL AND DAY
1692	1635		PLACEMENT PROGRAMS. (a) The commissioner shall set minimum
1693	1636		standards for and develop and update as necessary a list of approved
1694	1637		public or private facilities, institutions, agencies, or
1695	1638		businesses inside or outside of this state that a [A] school
1696	1639		district, shared services arrangement unit, or regional education
1697	1640		service center may contract with [a public or private facility,
1698	1641		institution, or agency inside or outside of this state] for the
1699	1642		provision of services to students with disabilities in a
1700	1643		residential or day placement program.
1701	1644		(a-1) [Each contract for residential placement must be
1702	1645		approved by the commissioner.] The commissioner may approve a
1703	1646		facility, institution, agency, or business under Subsection (a)
1704	1647		[residential placement contract] only after at least a programmatic
1705	1648		evaluation of personnel qualifications, costs, adequacy of
1706	1649		physical plant and equipment, and curriculum content. [The
1707	1650		commissioner may approve either the whole or a part of a facility or
1708	1651		program.]
1709	1652		(a-2) Each contract described by this section must be
1710	1653		approved by the commissioner. A school district, shared services
1711	1654		arrangement unit, or regional education service center seeking to
1712	1655		place a student in a residential or day placement program that is
1713	1656		not on the list developed under Subsection (a) must submit to the
1714	1657		commissioner an application for approval in accordance with
1715	1658		Subsections (a) and (a-1).
1716	1659		(b) Except as provided by Subsection (c), costs of an
1717	1660		approved contract for residential placement may be paid from a
1718	1661		combination of federal, state, and local funds. The local share of
1719	1662		the total contract cost for each student is that portion of the
1720	1663		local tax effort that exceeds the district's local fund assignment
1721	1664		under Section 48.256, divided by the average daily attendance in
1722	1665		the district. If the contract involves a private facility, the
1723	1666		state share of the total contract cost is that amount remaining
1724	1667		after subtracting the local share. If the contract involves a
1725	1668		public facility, the state share is that amount remaining after
1726	1669		subtracting the local share from the portion of the contract that
1727	1670		involves the costs of instructional and related services. For
1728	1671		purposes of this subsection, "local tax effort" means the total
1729	1672		amount of money generated by taxes imposed for debt service and
1730	1673		maintenance and operation less any amounts paid into a tax
1731	1674		increment fund under Chapter 311, Tax Code. This subsection
1732	1675		expires September 1, 2027.
1733	1676		(c) When a student, including one for whom the state is
1734	1677		managing conservator, is placed primarily for care or treatment
1735	1678		reasons in a private [residential] facility that operates its own
1736	1679		private education program, none of the costs may be paid from public
1737	1680		education funds. If a [residential] placement primarily for care
1738	1681		or treatment reasons involves a private [residential] facility in
1739	1682		which the education program is provided by the school district, the
1740	1683		portion of the costs that includes appropriate education services,
1741	1684		as determined by the school district's admission, review, and
1742	1685		dismissal committee, shall be paid from state and federal education
1743	1686		funds.
1744	1687		(d) A district that contracts for the provision of education
1745	1688		services rather than providing the services itself shall oversee
1746	1689		the implementation of the student's individualized education
1747	1690		program and shall annually reevaluate the appropriateness of the
1748	1691		arrangement. The reevaluation must include standards and
1749	1692		expectations that the student would need to meet to be reintegrated
1750	1693		to a regular school setting. An approved facility, institution,
1751	1694		[or] agency, or business with whom the district contracts shall
1752	1695		periodically report to the district and the agency on the services
1753	1696		the student has received or will receive in accordance with the
1754	1697		contract as well as diagnostic or other evaluative information that
1755	1698		the district or agency requires in order to fulfill its obligations
1756	1699		under this subchapter.
1757	1700		(e) The commissioner shall adopt rules for residential and
1758	1701		day placement of students receiving special education services.
1759	1702		SECTION 3.13. The heading to Section 29.009, Education
1760	1703		Code, is amended to read as follows:
1761	1704		Sec. 29.009. PUBLIC NOTICE CONCERNING EARLY CHILDHOOD
1762	1705		SPECIAL EDUCATION [PRESCHOOL] PROGRAMS [FOR STUDENTS WITH
1763	1706		DISABILITIES].
1764	1707		SECTION 3.14. Section 29.010, Education Code, is amended to
1765	1708		read as follows:
1766	1709		Sec. 29.010. GENERAL SUPERVISION AND COMPLIANCE. (a) The
1767	1710		agency shall develop [adopt] and implement a comprehensive system
1768	1711		for monitoring school district compliance with federal and state
1769	1712		laws relating to special education. The monitoring system must
1770	1713		include a comprehensive cyclical process and a targeted risk-based
1771	1714		process [provide for ongoing analysis of district special education
1772	1715		data and of complaints filed with the agency concerning special
1773	1716		education services and for inspections of school districts at
1774	1717		district facilities]. The agency shall establish criteria and
1775	1718		instruments for use in determining district compliance under this
1776	1719		section [use the information obtained through analysis of district
1777	1720		data and from the complaints management system to determine the
1778	1721		appropriate schedule for and extent of the inspection].
1779	1722		(a-1) As part of the monitoring system, the agency may
1780	1723		require a school district to obtain specialized technical
1781	1724		assistance for a documented noncompliance issue or if data
1782	1725		indicates that technical assistance is needed, such as an incident
1783	1726		involving injury to staff or students by a student receiving
1784	1727		special education services or data indicating an excessive number
1785	1728		of restraints are used on students receiving special education
1786	1729		services.
1787	1730		(b) As part of the monitoring process [To complete the
1788	1731		inspection], the agency must obtain information from parents and
1789	1732		teachers of students in special education programs in the district.
1790	1733		(c) The agency shall develop and implement a system of
1791	1734		interventions and sanctions for school districts the agency
1792	1735		identifies as being in noncompliance with [whose most recent
1793	1736		monitoring visit shows a failure to comply with major requirements
1794	1737		of] the Individuals with Disabilities Education Act (20 U.S.C.
1795	1738		Section 1400 et seq.), federal regulations, state statutes, or
1796	1739		agency requirements necessary to carry out federal law or
1797	1740		regulations or state law relating to special education.
1798	1741		(d) The agency shall establish a system of progressive
1799	1742		sanctions and enforcement provisions to apply to [For] districts
1800	1743		that remain in noncompliance for more than one year[, the first
1801	1744		stage of sanctions shall begin with annual or more frequent
1802	1745		monitoring visits]. The [Subsequent] sanctions must [may] range in
1803	1746		severity and may include [up to] the withholding of funds. If funds
1804	1747		are withheld, the agency may use the funds, or direct the funds to
1805	1748		be used, to provide, through alternative arrangements, services to
1806	1749		students and staff members in the district from which the funds are
1807	1750		withheld.
1808	1751		(e) The agency's complaint management division shall
1809	1752		develop a system for expedited investigation and resolution of
1810	1753		complaints concerning a district's failure to provide special
1811	1754		education or related services to a student eligible to participate
1812	1755		in the district's special education program.
1813	1756		[(f) This section does not create an obligation for or
1814	1757		impose a requirement on a school district or open-enrollment
1815	1758		charter school that is not also created or imposed under another
1816	1759		state law or a federal law.]
1817	1760		SECTION 3.15. Section 29.012(d), Education Code, is amended
1818	1761		to read as follows:
1819	1762		(d) The Texas Education Agency, the Health and Human
1820	1763		Services Commission, the Department of Family and Protective
1821	1764		Services, and the Texas Juvenile Justice Department by a
1822	1765		cooperative effort shall develop and [by rule] adopt a memorandum
1823	1766		of understanding. The memorandum must:
1824	1767		(1) establish the respective responsibilities of
1825	1768		school districts and of residential facilities for the provision of
1826	1769		a free, appropriate public education, as required by the
1827	1770		Individuals with Disabilities Education Act (20 U.S.C. Section 1400
1828	1771		et seq.) and its subsequent amendments, including each requirement
1829	1772		for children with disabilities who reside in those facilities;
1830	1773		(2) coordinate regulatory and planning functions of
1831	1774		the parties to the memorandum;
1832	1775		(3) establish criteria for determining when a public
1833	1776		school will provide educational services;
1834	1777		(4) provide for appropriate educational space when
1835	1778		education services will be provided at the residential facility;
1836	1779		(5) establish measures designed to ensure the safety
1837	1780		of students and teachers; and
1838	1781		(6) provide for binding arbitration consistent with
1839	1782		Chapter 2009, Government Code, and Section 154.027, Civil Practice
1840	1783		and Remedies Code.
1841	1784		SECTION 3.16. Section 29.013, Education Code, is amended to
1842	1785		read as follows:
1843	1786		Sec. 29.013. NONEDUCATIONAL COMMUNITY-BASED SUPPORT
1844	1787		SERVICES GRANTS FOR CERTAIN STUDENTS WITH DISABILITIES. (a) The
1845	1788		commissioner [agency] shall adopt rules establishing [establish]
1846	1789		procedures and criteria for the allocation of grants [funds
1847	1790		appropriated] under this section, using money appropriated or
1848	1791		otherwise available for the purpose, to students who are eligible
1849	1792		under Subsection (b) and the students' families [school districts]
1850	1793		for the provision of noneducational community-based support
1851	1794		services [to certain students with disabilities and their families
1852	1795		so that those students may receive an appropriate free public
1853	1796		education in the least restrictive environment].
1854	1797		(b) A grant [The funds] may be awarded under this section
1855	1798		[used] only to a student with a disability [for eligible students
1856	1799		with disabilities] who is [would remain or would have to be] placed
1857	1800		by the student's admission, review, and dismissal committee in:
1858	1801		(1) a residential program approved under Section
1859	1802		29.008; or
1860	1803		(2) a day placement program and is at risk of being
1861	1804		placed in a residential program approved under Section 29.008
1862	1805		[facilities primarily for educational reasons without the
1863	1806		provision of noneducational community-based support services].
1864	1807		(c) The support services may not be related to the provision
1865	1808		of a free appropriate public education to the student and may
1866	1809		include in-home family support, behavioral and other
1867	1810		disability-related supports for the student's family, respite
1868	1811		care, and case management for the student's family [families with a
1869	1812		student who otherwise would have been placed by a district in a
1870	1813		private residential facility].
1871	1814		(d) A school district shall:
1872	1815		(1) notify the parent of a student described by
1873	1816		Subsection (b) of the availability of grants under this section;
1874	1817		and
1875	1818		(2) designate a campus or district staff member to
1876	1819		assist families of students described by Subsection (b) in
1877	1820		accessing grants under this section.
1878	1821		(e) On request by the parent of a student described by
1879	1822		Subsection (b), the commissioner shall create an account for the
1880	1823		student to access a grant under this section through which the
1881	1824		parent may request payment for approved support services.
1882	1825		(f) In adopting rules under this section, the commissioner
1883	1826		shall adopt rules and guidelines detailing the process to access
1884	1827		grant money and the amount of each grant, including a process for a
1885	1828		parent to apply for an increase in the grant amount.
1886	1829		(g) The provision of services under this section does not
1887	1830		supersede or limit the responsibility of a school district or other
1888	1831		agencies to provide or pay for costs [of noneducational
1889	1832		community-based support services] to enable any student with
1890	1833		disabilities to receive a free appropriate public education in the
1891	1834		least restrictive environment. [Specifically, services provided
1892	1835		under this section may not be used for a student with disabilities
1893	1836		who is currently placed or who needs to be placed in a residential
1894	1837		facility primarily for noneducational reasons.]
1895	1838		(h) The commissioner may designate a regional education
1896	1839		service center to administer grants under this section.
1897	1840		SECTION 3.17. Sections 29.014(c) and (d), Education Code,
1898	1841		are amended to read as follows:
1899	1842		(c) Notwithstanding any other provision of this code, a
1900	1843		student whose appropriate education program is a general [regular]
1901	1844		education program may receive services and be counted for
1902	1845		attendance purposes for the number of hours per week appropriate
1903	1846		for the student's condition if the student:
1904	1847		(1) is temporarily classified as eligible for
1905	1848		participation in a special education program because of the
1906	1849		student's confinement in a hospital; and
1907	1850		(2) the student's education is provided by a district
1908	1851		to which this section applies.
1909	1852		(d) The basic allotment for a student enrolled in a district
1910	1853		to which this section applies is adjusted by the tier of intensity
1911	1854		of service defined in accordance with [weight for a homebound
1912	1855		student under] Section 48.102 and designated by commissioner rule
1913	1856		for use under this section [48.102(a)].
1914	1857		SECTION 3.18. Section 29.0162(b), Education Code, is
1915	1858		amended to read as follows:
1916	1859		(b) The commissioner by rule shall adopt additional
1917	1860		qualifications and requirements for a representative for purposes
1918	1861		of Subsection (a)(2). The rules must:
1919	1862		(1) prohibit an individual from being a representative
1920	1863		under Subsection (a)(2) opposing a school district if:
1921	1864		(A) the individual has prior employment
1922	1865		experience with the district; and
1923	1866		(B) the district raises an objection to the
1924	1867		individual serving as a representative;
1925	1868		(2) include requirements that the representative have
1926	1869		knowledge of:
1927	1870		(A) all special education dispute resolution
1928	1871		options available to parents, including due process and due process
1929	1872		rules, hearings, and procedure; and
1930	1873		(B) federal and state special education laws;
1931	1874		(3) require, if the representative receives monetary
1932	1875		compensation from a person for representation in an impartial due
1933	1876		process hearing, that the representative agree to abide by a
1934	1877		voluntary code of ethics and professional conduct during the period
1935	1878		of representation; and
1936	1879		(4) require, if the representative receives monetary
1937	1880		compensation from a person for representation in an impartial due
1938	1881		process hearing, that the representative enter into a written
1939	1882		agreement for representation with the person who is the subject of
1940	1883		the special education due process hearing that includes a process
1941	1884		for resolving any disputes between the representative and the
1942	1885		person.
1943	1886		SECTION 3.19. Section 29.018(b), Education Code, is amended
1944	1887		to read as follows:
1945	1888		(b) A school district is eligible to apply for a grant under
1946	1889		this section if:
1947	1890		(1) the district does not receive sufficient funds,
1948	1891		including state funds provided under Sections [Section] 48.102 and
1949	1892		48.1021 and federal funds, for a student with disabilities to pay
1950	1893		for the special education services provided to the student; or
1951	1894		(2) the district does not receive sufficient funds,
1952	1895		including state funds provided under Sections [Section] 48.102 and
1953	1896		48.1021 and federal funds, for all students with disabilities in
1954	1897		the district to pay for the special education services provided to
1955	1898		the students.
1956	1899		SECTION 3.20. The heading to Section 29.020, Education
1957	1900		Code, is amended to read as follows:
1958	1901		Sec. 29.020. STATE-ADMINISTERED INDIVIDUALIZED EDUCATION
1959	1902		PROGRAM FACILITATION [PROJECT].
1960	1903		SECTION 3.21. Sections 29.020(a) and (c), Education Code,
1961	1904		are amended to read as follows:
1962	1905		(a) The agency shall develop rules in accordance with this
1963	1906		section applicable to state-administered [the administration of a
1964	1907		state] individualized education program facilitation [project].
1965	1908		The program shall include the provision of an independent
1966	1909		individualized education program facilitator as a dispute
1967	1910		resolution method that may be used to avoid a potential dispute
1968	1911		between a school district and a parent of a student with a
1969	1912		disability or to facilitate an admission, review, and dismissal
1970	1913		committee meeting with parties who are in a dispute about decisions
1971	1914		relating to the provision of a free appropriate public education to
1972	1915		a student with a disability. Facilitation [implemented under the
1973	1916		project] must comply with rules developed under this subsection.
1974	1917		(c) If the commissioner determines that adequate funding is
1975	1918		available, the commissioner may authorize the use of federal funds
1976	1919		to implement [the] individualized education program facilitation
1977	1920		[project] in accordance with this section.
1978	1921		SECTION 3.22. Sections 29.022(a), (a-1), (b), (c), (c-1),
1979	1922		(d), (f), (h), (k), (l), (q), (s), and (t), Education Code, are
1980	1923		amended to read as follows:
1981	1924		(a) In order to promote student safety, on receipt of a
1982	1925		written request authorized under Subsection (a-1), a school
1983	1926		district or open-enrollment charter school shall provide
1984	1927		equipment, including a video camera, to the school or schools in the
1985	1928		district or the charter school campus or campuses specified in the
1986	1929		request. A school or campus that receives equipment as provided by
1987	1930		this subsection shall place, operate, and maintain one or more
1988	1931		video cameras in special education [self-contained] classrooms and
1989	1932		other special education settings [in which a majority of the
1990	1933		students in regular attendance are provided special education and
1991	1934		related services and are assigned to one or more self-contained
1992	1935		classrooms or other special education settings for at least 50
1993	1936		percent of the instructional day], provided that:
1994	1937		(1) a school or campus that receives equipment as a
1995	1938		result of the request by a parent or staff member is required to
1996	1939		place equipment only in classrooms or settings in which the
1997	1940		parent's child is in regular attendance or to which the staff member
1998	1941		is assigned, as applicable; and
1999	1942		(2) a school or campus that receives equipment as a
2000	1943		result of the request by a board of trustees, governing body,
2001	1944		principal, or assistant principal is required to place equipment
2002	1945		only in classrooms or settings identified by the requestor, if the
2003	1946		requestor limits the request to specific classrooms or settings
2004	1947		subject to this subsection.
2005	1948		(a-1) For purposes of Subsection (a):
2006	1949		(1) a parent of a child who receives special education
2007	1950		services in one or more special education [self-contained]
2008	1951		classrooms or other special education settings may request in
2009	1952		writing that equipment be provided to the school or campus at which
2010	1953		the child receives those services;
2011	1954		(2) a board of trustees or governing body may request
2012	1955		in writing that equipment be provided to one or more specified
2013	1956		schools or campuses at which one or more children receive special
2014	1957		education services in special education [self-contained]
2015	1958		classrooms or other special education settings;
2016	1959		(3) the principal or assistant principal of a school
2017	1960		or campus at which one or more children receive special education
2018	1961		services in special education [self-contained] classrooms or other
2019	1962		special education settings may request in writing that equipment be
2020	1963		provided to the principal's or assistant principal's school or
2021	1964		campus; and
2022	1965		(4) a staff member assigned to work with one or more
2023	1966		children receiving special education services in special education
2024	1967		[self-contained] classrooms or other special education settings
2025	1968		may request in writing that equipment be provided to the school or
2026	1969		campus at which the staff member works.
2027	1970		(b) A school or campus that places a video camera in a
2028	1971		special education classroom or other special education setting in
2029	1972		accordance with Subsection (a) shall operate and maintain the video
2030	1973		camera in the classroom or setting, as long as the classroom or
2031	1974		setting continues to satisfy the requirements under Subsection (a),
2032	1975		for the remainder of the school year in which the school or campus
2033	1976		received the request, unless the requestor withdraws the request in
2034	1977		writing. If for any reason a school or campus will discontinue
2035	1978		operation of a video camera during a school year, not later than the
2036	1979		fifth school day before the date the operation of the video camera
2037	1980		will be discontinued, the school or campus must notify the parents
2038	1981		of each student in regular attendance in the classroom or setting
2039	1982		that operation of the video camera will not continue unless
2040	1983		requested by a person eligible to make a request under Subsection
2041	1984		(a-1). Not later than the 10th school day before the end of each
2042	1985		school year, the school or campus must notify the parents of each
2043	1986		student in regular attendance in the classroom or setting that
2044	1987		operation of the video camera will not continue during the
2045	1988		following school year unless a person eligible to make a request for
2046	1989		the next school year under Subsection (a-1) submits a new request.
2047	1990		(c) Except as provided by Subsection (c-1), video cameras
2048	1991		placed under this section must be capable of:
2049	1992		(1) covering all areas of the special education
2050	1993		classroom or other special education setting, including a room
2051	1994		attached to the classroom or setting used for time-out; and
2052	1995		(2) recording audio from all areas of the special
2053	1996		education classroom or other special education setting, including a
2054	1997		room attached to the classroom or setting used for time-out.
2055	1998		(c-1) The inside of a bathroom or any area in the special
2056	1999		education classroom or other special education setting in which a
2057	2000		student's clothes are changed may not be visually monitored, except
2058	2001		for incidental coverage of a minor portion of a bathroom or changing
2059	2002		area because of the layout of the classroom or setting.
2060	2003		(d) Before a school or campus activates a video camera in a
2061	2004		special education classroom or other special education setting
2062	2005		under this section, the school or campus shall provide written
2063	2006		notice of the placement to all school or campus staff and to the
2064	2007		parents of each student attending class or engaging in school
2065	2008		activities in the classroom or setting.
2066	2009		(f) A school district or open-enrollment charter school may
2067	2010		solicit and accept gifts, grants, and donations from any person for
2068	2011		use in placing video cameras in special education classrooms or
2069	2012		other special education settings under this section.
2070	2013		(h) A school district or open-enrollment charter school may
2071	2014		not:
2072	2015		(1) allow regular or continual monitoring of video
2073	2016		recorded under this section; or
2074	2017		(2) use video recorded under this section for teacher
2075	2018		evaluation or for any other purpose other than the promotion of
2076	2019		safety of students receiving special education services in a
2077	2020		special education [self-contained] classroom or other special
2078	2021		education setting.
2079	2022		(k) The commissioner may adopt rules to implement and
2080	2023		administer this section, including rules regarding the special
2081	2024		education classrooms and other special education settings to which
2082	2025		this section applies.
2083	2026		(l) A school district or open-enrollment charter school
2084	2027		policy relating to the placement, operation, or maintenance of
2085	2028		video cameras under this section must:
2086	2029		(1) include information on how a person may appeal an
2087	2030		action by the district or school that the person believes to be in
2088	2031		violation of this section or a policy adopted in accordance with
2089	2032		this section, including the appeals process under Section 7.057;
2090	2033		(2) require that the district or school provide a
2091	2034		response to a request made under this section not later than the
2092	2035		seventh school business day after receipt of the request by the
2093	2036		person to whom it must be submitted under Subsection (a-3) that
2094	2037		authorizes the request or states the reason for denying the
2095	2038		request;
2096	2039		(3) except as provided by Subdivision (5), require
2097	2040		that a school or a campus begin operation of a video camera in
2098	2041		compliance with this section not later than the 45th school
2099	2042		business day, or the first school day after the 45th school business
2100	2043		day if that day is not a school day, after the request is authorized
2101	2044		unless the agency grants an extension of time;
2102	2045		(4) permit the parent of a student whose admission,
2103	2046		review, and dismissal committee has determined that the student's
2104	2047		placement for the following school year will be in a special
2105	2048		education classroom or other special education setting in which a
2106	2049		video camera may be placed under this section to make a request for
2107	2050		the video camera by the later of:
2108	2051		(A) the date on which the current school year
2109	2052		ends; or
2110	2053		(B) the 10th school business day after the date
2111	2054		of the placement determination by the admission, review, and
2112	2055		dismissal committee; and
2113	2056		(5) if a request is made by a parent in compliance with
2114	2057		Subdivision (4), unless the agency grants an extension of time,
2115	2058		require that a school or campus begin operation of a video camera in
2116	2059		compliance with this section not later than the later of:
2117	2060		(A) the 10th school day of the fall semester; or
2118	2061		(B) the 45th school business day, or the first
2119	2062		school day after the 45th school business day if that day is not a
2120	2063		school day, after the date the request is made.
2121	2064		(q) The agency shall collect through the Public Education
2122	2065		Information Management System (PEIMS) data relating to requests
2123	2066		made under this section and actions taken by a school district or
2124	2067		open-enrollment charter school in response to a request, including
2125	2068		the number of requests made, authorized, and denied.
2126	2069		(s) This section applies to the placement, operation, and
2127	2070		maintenance of a video camera in a special education
2128	2071		[self-contained] classroom or other special education setting
2129	2072		during the regular school year and extended school year services.
2130	2073		(t) A video camera placed under this section is not required
2131	2074		to be in operation for the time during which students are not
2132	2075		present in the special education classroom or other special
2133	2076		education setting.
2134	2077		SECTION 3.23. Sections 29.022(u)(3) and (4), Education
2135	2078		Code, are amended to read as follows:
2136	2079		(3) "Special education classroom or other special
2137	2080		education setting" means a classroom or setting primarily used for
2138	2081		delivering special education services to students who spend on
2139	2082		average less than 50 percent of an instructional day in a general
2140	2083		education classroom or setting ["Self-contained classroom" does
2141	2084		not include a classroom that is a resource room instructional
2142	2085		arrangement under Section 48.102].
2143	2086		(4) "Staff member" means a teacher, related service
2144	2087		provider, paraprofessional, counselor, or educational aide
2145	2088		assigned to work in a special education [self-contained] classroom
2146	2089		or other special education setting.
2147	2090		SECTION 3.24. Subchapter A, Chapter 29, Education Code, is
2148	2091		amended by adding Sections 29.023, 29.024, 29.025, and 29.026 to
2149	2092		read as follows:
2150	2093		Sec. 29.023. GRANT PROGRAM PROVIDING SERVICES TO STUDENTS
2151	2094		WITH AUTISM. (a) From money appropriated or otherwise available
2152	2095		for the purpose, the commissioner shall establish a program to
2153	2096		award grants to school districts and open-enrollment charter
2154	2097		schools that provide innovative services to students with autism.
2155	2098		(b) A school district, including a school district acting
2156	2099		through a district charter issued under Subchapter C, Chapter 12,
2157	2100		and an open-enrollment charter school, including a charter school
2158	2101		that primarily serves students with disabilities, as provided under
2159	2102		Section 12.1014, may apply for a grant under this section.
2160	2103		(c) A program is eligible for a grant under this section if
2161	2104		the program:
2162	2105		(1) incorporates:
2163	2106		(A) evidence-based and research-based design;
2164	2107		(B) the use of empirical data on student
2165	2108		achievement and improvement;
2166	2109		(C) parental support and collaboration;
2167	2110		(D) the use of technology;
2168	2111		(E) meaningful inclusion; and
2169	2112		(F) the ability to replicate the program for
2170	2113		students statewide; and
2171	2114		(2) gives priority for enrollment to students with
2172	2115		autism.
2173	2116		(d) A school district or open-enrollment charter school may
2174	2117		not:
2175	2118		(1) charge a fee for the program, other than those
2176	2119		authorized by law for students in public schools;
2177	2120		(2) require a parent to enroll a child in the program;
2178	2121		(3) allow an admission, review, and dismissal
2179	2122		committee to place a student in the program without the written
2180	2123		consent of the student's parent or guardian; or
2181	2124		(4) continue the placement of a student in the program
2182	2125		after the student's parent or guardian revokes consent, in writing,
2183	2126		to the student's placement in the program.
2184	2127		(e) A program under this section may:
2185	2128		(1) alter the length of the school day or school year
2186	2129		or the number of minutes of instruction received by students;
2187	2130		(2) coordinate services with private or
2188	2131		community-based providers;
2189	2132		(3) allow the enrollment of students without
2190	2133		disabilities or with other disabilities, if approved by the
2191	2134		commissioner; and
2192	2135		(4) adopt staff qualifications and staff-to-student
2193	2136		ratios that differ from the applicable requirements of this title.
2194	2137		(f) The commissioner shall create an external panel of
2195	2138		stakeholders, including parents of students with disabilities, to
2196	2139		provide assistance in the selection of applications for the award
2197	2140		of grants under this section.
2198	2141		(g) In selecting programs to receive a grant under this
2199	2142		section, the commissioner shall prioritize programs that are
2200	2143		collaborations between multiple school districts, multiple charter
2201	2144		schools, or school districts and charter schools. The selected
2202	2145		programs must reflect the diversity of this state.
2203	2146		(h) A program selected to receive a grant under this section
2204	2147		is to be funded for two years.
2205	2148		(i) A grant awarded to a school district or open-enrollment
2206	2149		charter school under this section is in addition to the Foundation
2207	2150		School Program money that the district or charter school is
2208	2151		otherwise entitled to receive. A grant awarded under this section
2209	2152		may not come out of Foundation School Program money.
2210	2153		(j) The commissioner and any program selected under this
2211	2154		section may accept gifts, grants, and donations from any public or
2212	2155		private source, person, or group to implement and administer the
2213	2156		program. The commissioner and any program selected under this
2214	2157		section may not require any financial contribution from parents to
2215	2158		implement and administer the program.
2216	2159		(k) A regional education service center may administer
2217	2160		grants awarded under this section.
2218	2161		Sec. 29.024. GRANT PROGRAM PROVIDING TRAINING IN DYSLEXIA
2219		-	FOR TEACHERS, STAFF, AND OTHER PERSONNEL. (a) From money
2220		-	appropriated or otherwise available for the purpose, the
2221		-	commissioner shall establish a program to award grants each school
2222		-	year to school districts, open-enrollment charter schools, the
2223		-	Texas Juvenile Justice Department, juvenile boards, and juvenile
2224		-	probation departments to increase local capacity to appropriately
2225		-	serve students with dyslexia.
	2162	+	FOR TEACHERS AND STAFF. (a) From money appropriated or otherwise
	2163	+	available for the purpose, the commissioner shall establish a
	2164	+	program to award grants each school year to school districts and
	2165	+	open-enrollment charter schools to increase local capacity to
	2166	+	appropriately serve students with dyslexia.
2226	2167		(b) A school district, including a school district acting
2227	2168		through a district charter issued under Subchapter C, Chapter 12,
2228		-	an open-enrollment charter school, including a charter school that
2229		-	primarily serves students with disabilities, as provided under
2230		-	Section 12.1014, the Texas Juvenile Justice Department, a juvenile
2231		-	board, or a juvenile probation department is eligible to apply for a
2232		-	grant under this section if the district, school, department, or
2233		-	board submits to the commissioner a proposal on the use of grant
2234		-	funds that:
	2169	+	or an open-enrollment charter school, including a charter school
	2170	+	that primarily serves students with disabilities, as provided under
	2171	+	Section 12.1014, is eligible to apply for a grant under this section
	2172	+	if the district or school submits to the commissioner a proposal on
	2173	+	the use of grant funds that:
2235	2174		(1) incorporates evidence-based and research-based
2236	2175		design; and
2237	2176		(2) increases local capacity to appropriately serve
2238	2177		students with dyslexia by providing:
2239		-	(A) high-quality training to classroom teachers,
2240		-	~~administrators,~~ and ~~other relevant personnel~~ in meeting the needs
2241		-	~~of students with dyslexia;~~ or
	2178	+	(A) high-quality training to classroom teachers
	2179	+	and administrators in meeting the needs of students with dyslexia;
	2180	+	or
2242	2181		(B) training to intervention staff resulting in
2243	2182		appropriate credentialing related to dyslexia, with priority for
2244	2183		training staff to earn the credentials necessary to become a
2245	2184		licensed dyslexia therapist or certified academic language
2246	2185		therapist.
2247	2186		(c) The commissioner shall create an external panel of
2248	2187		stakeholders, including parents of students with disabilities, to
2249	2188		provide assistance in the selection of applications for the award
2250	2189		of grants under this section.
2251		-	(d) A grant awarded under this section is in addition to the
2252		-	Foundation School Program money that the grant recipient is
	2190	+	(d) A grant awarded to a school district or open-enrollment
	2191	+	charter school under this section is in addition to the Foundation
	2192	+	School Program money that the district or charter school is
2253	2193		otherwise entitled to receive. A grant awarded under this section
2254	2194		may not come out of Foundation School Program money.
2255	2195		(e) The commissioner and any grant recipient selected under
2256	2196		this section may accept gifts, grants, and donations from any
2257	2197		public or private source, person, or group to implement and
2258	2198		administer the grant. The commissioner and any grant recipient
2259	2199		selected under this section may not require any financial
2260	2200		contribution from parents to implement and administer the grant.
2261	2201		(f) A regional education service center may administer
2262	2202		grants awarded under this section.
2263	2203		Sec. 29.025. SUPPORTS FOR RECRUITING AND RETAINING SPECIAL
2264	2204		EDUCATION STAFF. (a) From money appropriated or otherwise
2265	2205		available for the purpose, the agency shall provide grants each
2266	2206		school year to school districts and open-enrollment charter schools
2267	2207		to increase the number of qualified and appropriately credentialed
2268	2208		special education staff, including special education teachers,
2269	2209		special education paraprofessionals, evaluation personnel,
2270	2210		ancillary instruction personnel, certified interpreters,
2271	2211		board-certified behavior analysts, registered behavior
2272	2212		technicians, and related service personnel.
2273	2213		(b) A school district or open-enrollment charter school
2274	2214		that receives a grant under this section shall require each person
2275	2215		the district or school uses the grant money to assist in becoming
2276	2216		licensed, certified, or otherwise credentialed as described by
2277	2217		Subsection (a) to work at the district or school for a period
2278	2218		established by commissioner rule.
2279	2219		(c) A regional education service center may administer
2280	2220		grants awarded under this section.
2281	2221		(d) The commissioner shall adopt rules establishing the
2282	2222		period of required employment described by Subsection (b) and any
2283	2223		other rules necessary to implement this section.
2284	2224		Sec. 29.026. RULES. The commissioner may adopt rules as
2285	2225		necessary to implement this subchapter.
2286	2226		SECTION 3.25. The heading to Subchapter A-1, Chapter 29,
2287	2227		Education Code, is amended to read as follows:
2288	2228		SUBCHAPTER A-1. PARENT-DIRECTED [SUPPLEMENTAL SPECIAL EDUCATION]
2289	2229		SERVICES FOR STUDENTS RECEIVING SPECIAL EDUCATION SERVICES
2290	2230		[PROGRAM]
2291	2231		SECTION 3.26. Sections 29.041(2) and (3), Education Code,
2292	2232		are amended to read as follows:
2293	2233		(2) "Supplemental [special education] instructional
2294	2234		materials" includes textbooks, computer hardware or software,
2295	2235		other technological devices, and other materials suitable for
2296	2236		addressing an educational need of a student receiving special
2297	2237		education services under Subchapter A.
2298	2238		(3) "Supplemental [special education] services" means
2299	2239		an additive service that provides an educational benefit to a
2300	2240		student receiving special education services under Subchapter A,
2301	2241		including:
2302	2242		(A) occupational therapy, physical therapy, and
2303	2243		speech therapy; and
2304	2244		(B) private tutoring and other supplemental
2305	2245		private instruction or programs.
2306	2246		SECTION 3.27. Section 29.042, Education Code, is amended by
2307	2247		amending Subsections (a) and (c) and adding Subsection (e) to read
2308	2248		as follows:
2309	2249		(a) The agency by rule shall establish and administer a
2310	2250		parent-directed [supplemental special education services and
2311	2251		instructional materials] program for students receiving special
2312	2252		education services through which a parent may direct supplemental
2313	2253		services and supplemental instructional materials for the parent's
2314	2254		student [students] who meets [meet] the eligibility requirements
2315	2255		for participation in the program. Subject to Subsection (c), the
2316	2256		agency shall provide each student approved as provided by this
2317	2257		subchapter a grant in the amount provided under Section 48.306 [of
2318	2258		not more than $1,500] to purchase supplemental [special education]
2319	2259		services and supplemental [special education] instructional
2320	2260		materials.
2321	2261		(c) A student may receive one grant under this subchapter
2322	2262		unless the legislature appropriates money for an additional grant
2323	2263		in the General Appropriations Act [The commissioner shall set aside
2324	2264		an amount set by appropriation for each state fiscal year to fund
2325	2265		the program under this section. For each state fiscal year, the
2326	2266		total amount provided for student grants under Subsection (a) may
2327	2267		not exceed the amount set aside by the commissioner under this
2328	2268		subsection].
2329	2269		(e) The agency shall maintain an online user-friendly
2330	2270		application system for parents to apply for a grant described by
2331	2271		Subsection (a).
2332	2272		SECTION 3.28. Section 29.045, Education Code, is amended to
2333	2273		read as follows:
2334	2274		Sec. 29.045. APPROVAL OF APPLICATION; ASSIGNMENT OF
2335	2275		ACCOUNT. The [Subject to available funding the] agency shall
2336	2276		approve each student who meets the program eligibility criteria
2337	2277		established under Section 29.044 and assign to the student an
2338	2278		account maintained under Section 29.042(b). The account may only
2339	2279		be used by the student's parent to purchase supplemental [special
2340	2280		education] services or supplemental [special education]
2341	2281		instructional materials for the student, subject to Sections 29.046
2342	2282		and 29.047.
2343	2283		SECTION 3.29. Sections 29.046(a) and (b), Education Code,
2344	2284		are amended to read as follows:
2345	2285		(a) Money in an account assigned to a student under Section
2346	2286		29.045 may be used only for supplemental [special education]
2347	2287		services and supplemental [special education] instructional
2348	2288		materials.
2349	2289		(b) Supplemental [special education] services must be
2350	2290		provided by an agency-approved provider.
2351	2291		SECTION 3.30. Sections 29.047(a), (c), (d), and (e),
2352	2292		Education Code, are amended to read as follows:
2353	2293		(a) The agency shall establish criteria necessary for
2354	2294		agency approval for each category of provider of a professional
2355	2295		service that is a supplemental [special education] service, as
2356	2296		identified by the agency.
2357	2297		(c) The agency shall provide a procedure for providers of
2358	2298		supplemental [special education] services to apply to the agency to
2359	2299		become an agency-approved provider.
2360	2300		(d) The agency may establish criteria for agency approval of
2361	2301		vendors for each category of supplemental [special education]
2362	2302		instructional materials identified by the agency.
2363	2303		(e) If the agency establishes criteria for agency approval
2364	2304		for a vendor of a category of supplemental [special education]
2365	2305		instructional materials, the agency shall provide a procedure for
2366	2306		vendors of that category to apply to the agency to become an
2367	2307		agency-approved vendor.
2368	2308		SECTION 3.31. Section 29.048, Education Code, is amended to
2369	2309		read as follows:
2370	2310		Sec. 29.048. ADMISSION, REVIEW, AND DISMISSAL COMMITTEE
2371	2311		DUTIES. (a) A student's admission, review, and dismissal
2372	2312		committee shall develop a student's individualized education
2373	2313		program under Section 29.005, in compliance with the Individuals
2374	2314		with Disabilities Education Act (20 U.S.C. Section 1400 et seq.),
2375	2315		without consideration of any supplemental [special education]
2376	2316		services or supplemental instructional materials that may be
2377	2317		provided under the program under this subchapter.
2378	2318		(b) Unless the district first verifies that an account has
2379	2319		been assigned to the student under Section 29.045, the [The]
2380	2320		admission, review, and dismissal committee of a student approved
2381	2321		for participation in the program shall provide to the student's
2382	2322		parent at an admission, review, and dismissal committee meeting for
2383	2323		the student:
2384	2324		(1) information regarding the types of supplemental
2385	2325		[special education] services or supplemental instructional
2386	2326		materials available under the program and provided by
2387	2327		agency-approved providers for which an account maintained under
2388	2328		Section 29.042(b) for the student may be used; and
2389	2329		(2) instructions regarding accessing an account
2390	2330		described by Subdivision (1).
2391	2331		SECTION 3.32. Subchapter A-1, Chapter 29, Education Code,
2392	2332		is amended by adding Section 29.0485 to read as follows:
2393	2333		Sec. 29.0485. DETERMINATION OF COMMISSIONER FINAL.
2394	2334		Notwithstanding Section 7.057, a determination of the commissioner
2395	2335		under this subchapter is final and may not be appealed.
2396	2336		SECTION 3.33. Section 29.049, Education Code, is amended to
2397	2337		read as follows:
2398	2338		Sec. 29.049. RULES. The commissioner shall adopt rules as
2399	2339		necessary to administer the supplemental [special education]
2400	2340		services and supplemental instructional materials program under
2401	2341		this subchapter.
2402	2342		SECTION 3.34. Section 29.153, Education Code, is amended by
2403	2343		amending Subsection (b) and adding Subsection (b-2) to read as
2404	2344		follows:
2405	2345		(b) A child is eligible for enrollment in a prekindergarten
2406	2346		class under this section if the child is at least three years of age
2407	2347		and:
2408	2348		(1) is unable to speak and comprehend the English
2409	2349		language;
2410	2350		(2) is educationally disadvantaged;
2411	2351		(3) is homeless, regardless of the residence of the
2412	2352		child, of either parent of the child, or of the child's guardian or
2413	2353		other person having lawful control of the child;
2414	2354		(4) is the child of an active duty member of the armed
2415	2355		forces of the United States, including the state military forces or
2416	2356		a reserve component of the armed forces, who is ordered to active
2417	2357		duty by proper authority;
2418	2358		(5) is the child of a member of the armed forces of the
2419	2359		United States, including the state military forces or a reserve
2420	2360		component of the armed forces, who was injured or killed while
2421	2361		serving on active duty;
2422	2362		(6) is or ever has been in:
2423	2363		(A) the conservatorship of the Department of
2424	2364		Family and Protective Services following an adversary hearing held
2425	2365		as provided by Section 262.201, Family Code; or
2426	2366		(B) foster care in another state or territory, if
2427	2367		the child resides in this state; [or]
2428	2368		(7) is the child of a person eligible for the Star of
2429	2369		Texas Award as:
2430	2370		(A) a peace officer under Section 3106.002,
2431	2371		Government Code;
2432	2372		(B) a firefighter under Section 3106.003,
2433	2373		Government Code; or
2434	2374		(C) an emergency medical first responder under
2435	2375		Section 3106.004, Government Code; or
2436	2376		(8) is a child eligible for special education services
2437	2377		under Subchapter A and the child's admission, review, and dismissal
2438	2378		committee determines the prekindergarten class to be the most
2439	2379		appropriate placement for the child under the child's
2440	2380		individualized education program.
2441	2381		(b-2) A child described by Subsection (b)(8) who is at least
2442	2382		three years of age but younger than four years of age may be
2443	2383		enrolled in a prekindergarten class offered to children who are at
2444	2384		least four years of age if:
2445	2385		(1) the school district does not offer a
2446	2386		prekindergarten program for children who are at least three years
2447	2387		of age; and
2448	2388		(2) the child's admission, review, and dismissal
2449	2389		committee determines the prekindergarten class to be the most
2450	2390		appropriate placement for the child under the child's
2451	2391		individualized education program.
2452	2392		SECTION 3.35. Section 29.301(1), Education Code, is amended
2453	2393		to read as follows:
2454	2394		(1) "Admission, review, and dismissal committee"
2455	2395		means the committee required by [State Board of Education rules to
2456	2396		develop the individualized education program required by] the
2457	2397		Individuals with Disabilities Education Act (20 U.S.C. Section 1400
2458	2398		et seq.) for any student needing special education.
2459	2399		SECTION 3.36. Sections 29.304(a) and (c), Education Code,
2460	2400		are amended to read as follows:
2461	2401		(a) A student who is deaf or hard of hearing must have an
2462	2402		education in which teachers, psychologists, speech language
2463	2403		pathologists [therapists], progress assessors, administrators, and
2464	2404		others involved in education understand the unique nature of
2465	2405		deafness and the hard-of-hearing condition. A teacher of students
2466	2406		who are deaf or hard of hearing either must be proficient in
2467	2407		appropriate language modes or use an interpreter certified in
2468	2408		appropriate language modes if certification is available.
2469	2409		(c) General [Regular] and special education personnel who
2470	2410		work with students who are deaf or hard of hearing must be
2471	2411		adequately prepared to provide educational instruction and
2472	2412		services to those students.
2473	2413		SECTION 3.37. Section 29.310, Education Code, is amended by
2474	2414		amending Subsection (c) and adding Subsection (d) to read as
2475	2415		follows:
2476	2416		(c) The procedures and materials for the assessment and
2477	2417		placement of a student who is deaf or hard of hearing shall be in the
2478	2418		student's preferred mode of communication. All other procedures
2479	2419		and materials used with any student who is deaf or hard of hearing
2480	2420		and who is an emergent bilingual student as defined by Section
2481	2421		29.052 [has limited English proficiency] shall be in the student's
2482	2422		preferred mode of communication.
2483	2423		(d) In recognizing the need for development of language and
2484	2424		communication abilities in students who are deaf or hard of hearing
2485	2425		but also calling for the use of methods of communication that will
2486	2426		meet the needs of each individual student, each student who is deaf
2487	2427		or hard of hearing must be thoroughly assessed to ascertain the
2488	2428		student's potential for communicating through a variety of means.
2489	2429		SECTION 3.38. Section 29.313, Education Code, is amended to
2490	2430		read as follows:
2491	2431		Sec. 29.313. EVALUATION OF DEAF AND HARD OF HEARING
2492	2432		SERVICES [PROGRAMS]. (a) Each school district must provide
2493	2433		continuous evaluation of the effectiveness of the district's
2494	2434		services [programs of the district] for students who are deaf or
2495	2435		hard of hearing. The [If practicable,] evaluations shall follow
2496	2436		program excellence indicators established by the agency.
2497	2437		(b) Each school district shall submit the evaluations under
2498	2438		this section to the agency on a schedule set by the agency.
2499	2439		SECTION 3.39. Section 29.314, Education Code, is amended to
2500	2440		read as follows:
2501	2441		Sec. 29.314. TRANSITION INTO GENERAL EDUCATION [REGULAR]
2502	2442		CLASS. In addition to satisfying requirements of the admission,
2503	2443		review, and dismissal committee and to satisfying requirements
2504	2444		under state and federal law for vocational training, each school
2505	2445		district shall develop and implement a transition plan for the
2506	2446		transition of a student who is deaf or hard of hearing into a
2507	2447		general education [regular] class [program] if the student is to be
2508	2448		transferred from a special class or center or nonpublic,
2509	2449		nonsectarian school into a general education [regular] class in a
2510	2450		public school for any part of the school day. The transition plan
2511	2451		must provide for activities:
2512	2452		(1) to integrate the student into the general
2513	2453		[regular] education program and specify the nature of each activity
2514	2454		and the time spent on the activity each day; and
2515	2455		(2) to support the transition of the student from the
2516	2456		special education program into the general [regular] education
2517	2457		program.
2518	2458		SECTION 3.40. Section 29.315, Education Code, is amended to
2519	2459		read as follows:
2520	2460		Sec. 29.315. TEXAS SCHOOL FOR THE DEAF MEMORANDUM OF
2521	2461		UNDERSTANDING. The Texas Education Agency and the Texas School for
2522	2462		the Deaf shall develop[, agree to, and by commissioner rule adopt no
2523	2463		later than September 1, 1998,] a memorandum of understanding to
2524	2464		establish:
2525	2465		(1) the method for developing and reevaluating a set
2526	2466		of indicators of the quality of learning at the Texas School for the
2527	2467		Deaf;
2528	2468		(2) the process for the agency to conduct and report on
2529	2469		an annual evaluation of the school's performance on the indicators;
2530	2470		(3) the requirements for the school's board to
2531	2471		publish, discuss, and disseminate an annual report describing the
2532	2472		educational performance of the school; and
2533	2473		(4) [the process for the agency to assign an
2534	2474		accreditation status to the school, to reevaluate the status on an
2535	2475		annual basis, and, if necessary, to conduct monitoring reviews; and
2536	2476		[(5)] the type of information the school shall be
2537	2477		required to provide through the Public Education Information
2538	2478		Management System (PEIMS).
2539	2479		SECTION 3.41. Section 29.316, Education Code, is amended to
2540	2480		read as follows:
2541	2481		Sec. 29.316. LANGUAGE ACQUISITION. (a) In this section,
2542	2482		"language [:
2543	2483		[(1) "Center" means the Educational Resource Center on
2544	2484		Deafness at the Texas School for the Deaf.
2545	2485		[(2) "Division" means the Division for Early Childhood
2546	2486		Intervention Services of the Health and Human Services Commission.
2547	2487		[(3) "Language] acquisition" includes expressive and
2548	2488		receptive language acquisition and literacy development in
2549	2489		English, American Sign Language, or both, or, if applicable, in
2550	2490		another language primarily used by a child's parent or guardian,
2551	2491		and is separate from any modality used to communicate in the
2552	2492		applicable language or languages.
2553	2493		(b) Each school district [The commissioner and the
2554	2494		executive commissioner of the Health and Human Services Commission
2555	2495		jointly] shall ensure that the language acquisition of each child
2556	2496		eight years of age or younger who is deaf or hard of hearing is
2557	2497		regularly assessed using a tool or assessment approved by the
2558	2498		commissioner [determined to be valid and reliable as provided by
2559	2499		Subsection (d)].
2560	2500		(c) On a schedule determined by the commissioner, each
2561	2501		school district shall report to the commissioner through the Public
2562	2502		Education Information Management System (PEIMS) or another method
2563	2503		set by commissioner rule the assessment data collected under
2564	2504		Subsection (b) [Not later than August 31 of each year, the agency,
2565	2505		the division, and the center jointly shall prepare and post on the
2566	2506		agency's, the division's, and the center's respective Internet
2567	2507		websites a report on the language acquisition of children eight
2568	2508		years of age or younger who are deaf or hard of hearing. The report
2569	2509		must:
2570	2510		[(1) include:
2571	2511		[(A) existing data reported in compliance with
2572	2512		federal law regarding children with disabilities; and
2573	2513		[(B) information relating to the language
2574	2514		acquisition of children who are deaf or hard of hearing and also
2575	2515		have other disabilities;
2576	2516		[(2) state for each child:
2577	2517		[(A) the instructional arrangement used with the
2578	2518		child, as described by Section 48.102, including the time the child
2579	2519		spends in a mainstream instructional arrangement;
2580	2520		[(B) the specific language acquisition services
2581	2521		provided to the child, including:
2582	2522		[(i) the time spent providing those
2583	2523		services; and
2584	2524		[(ii) a description of any hearing
2585	2525		amplification used in the delivery of those services, including:
2586	2526		[(a) the type of hearing
2587	2527		amplification used;
2588	2528		[(b) the period of time in which the
2589	2529		child has had access to the hearing amplification; and
2590	2530		[(c) the average amount of time the
2591	2531		child uses the hearing amplification each day;
2592	2532		[(C) the tools or assessments used to assess the
2593	2533		child's language acquisition and the results obtained;
2594	2534		[(D) the preferred unique communication mode
2595	2535		used by the child at home; and
2596	2536		[(E) the child's age, race, and gender, the age
2597	2537		at which the child was identified as being deaf or hard of hearing,
2598	2538		and any other relevant demographic information the commissioner
2599	2539		determines to likely be correlated with or have an impact on the
2600	2540		child's language acquisition;
2601	2541		[(3) compare progress in English literacy made by
2602	2542		children who are deaf or hard of hearing to progress in that subject
2603	2543		made by children of the same age who are not deaf or hard of hearing,
2604	2544		by appropriate age range; and
2605	2545		[(4) be redacted as necessary to comply with state and
2606	2546		federal law regarding the confidentiality of student medical or
2607	2547		educational information].
2608	2548		(d) The commissioner[, the executive commissioner of the
2609	2549		Health and Human Services Commission, and the center] shall adopt
2610	2550		rules establishing the assessment data required to be reported
2611	2551		under Subsection (c) [enter into a memorandum of understanding
2612	2552		regarding:
2613	2553		[(1) the identification of experts in deaf education;
2614	2554		and
2615	2555		[(2) the determination, in consultation with those
2616	2556		experts, of the tools and assessments that are valid and reliable,
2617	2557		in both content and administration, for use in assessing the
2618	2558		language acquisition of children eight years of age or younger who
2619	2559		are deaf or hard of hearing].
2620	2560		(e) The commissioner shall annually post on the agency's
2621	2561		Internet website a report on the language acquisition of children
2622	2562		eight years of age or younger who are deaf or hard of hearing using
2623	2563		the assessment data reported under Subsection (c) [agency shall use
2624	2564		existing collected data and data collected and transferred from the
2625	2565		Department of State Health Services and the Health and Human
2626	2566		Services Commission, as agreed upon in the memorandum of
2627	2567		understanding, for the report under this section].
2628	2568		(f) The commissioner shall use the assessment data reported
2629	2569		under Subsection (c) in determining whether to award a grant under
2630	2570		Section 29.018 or in seeking federal money available for projects
2631	2571		aimed at improving outcomes for students with disabilities [and the
2632	2572		executive commissioner of the Health and Human Services Commission
2633	2573		jointly shall adopt rules as necessary to implement this section,
2634	2574		including rules for:
2635	2575		[(1) assigning each child eight years of age or
2636	2576		younger who is deaf or hard of hearing a unique identification
2637	2577		number for purposes of the report required under Subsection (c) and
2638	2578		to enable the tracking of the child's language acquisition, and
2639	2579		factors affecting the child's language acquisition, over time; and
2640	2580		[(2) implementing this section in a manner that
2641	2581		complies with federal law regarding confidentiality of student
2642	2582		medical or educational information, including the Health Insurance
2643	2583		Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d
2644	2584		et seq.) and the Family Educational Rights and Privacy Act of 1974
2645	2585		(20 U.S.C. Section 1232g), and any state law relating to the privacy
2646	2586		of student information].
2647	2587		SECTION 3.42. The heading to Section 30.002, Education
2648	2588		Code, is amended to read as follows:
2649	2589		Sec. 30.002. STATE PLAN [EDUCATION] FOR CHILDREN WITH
2650	2590		VISUAL IMPAIRMENTS, WHO ARE DEAF OR HARD OF HEARING, OR WHO ARE
2651	2591		DEAF-BLIND.
2652	2592		SECTION 3.43. Sections 30.002(a), (b), (c), and (e),
2653	2593		Education Code, are amended to read as follows:
2654	2594		(a) The agency shall develop and administer a comprehensive
2655	2595		statewide plan for the education of children [with visual
2656	2596		impairments] who are under 22 [21] years of age and who have visual
2657	2597		impairments, are deaf or hard of hearing, or are deaf-blind that
2658	2598		will ensure that the children have an opportunity for achievement
2659	2599		equal to the opportunities afforded their peers who do not have
2660	2600		visual impairments, are not deaf or hard of hearing, or are not
2661	2601		deaf-blind [with normal vision].
2662	2602		(b) The agency shall:
2663	2603		(1) develop standards and guidelines for all special
2664	2604		education and related services for children who have visual
2665	2605		impairments, are deaf or hard of hearing, or are deaf-blind [with
2666	2606		visual impairments] that it is authorized to provide or support
2667	2607		under this code and federal law;
2668	2608		(2) supervise regional education service centers and
2669	2609		other entities in assisting school districts in serving children
2670	2610		who have visual impairments, are deaf or hard of hearing, or are
2671	2611		deaf-blind [with visual impairments] more effectively; and
2672	2612		(3) [develop and administer special education
2673	2613		services for students with both serious visual and auditory
2674	2614		impairments;
2675	2615		[(4) evaluate special education services provided for
2676	2616		children with visual impairments by school districts and approve or
2677	2617		disapprove state funding of those services; and
2678	2618		[(5)] maintain an effective liaison between special
2679	2619		education programs provided for children who have visual
2680	2620		impairments, are deaf or hard of hearing, or are deaf-blind [with
2681	2621		visual impairments] by school districts and related initiatives of
2682	2622		the Health and Human Services Commission, [the Department of State
2683	2623		Health Services Mental Health and Substance Abuse Division,] the
2684	2624		Texas Workforce Commission, and other related programs, agencies,
2685	2625		or facilities as appropriate.
2686	2626		(c) The comprehensive statewide plan for the education of
2687	2627		children who have visual impairments, are deaf or hard of hearing,
2688	2628		or are deaf-blind [with visual impairments] must:
2689	2629		(1) adequately provide for comprehensive diagnosis
2690	2630		and evaluation of each school-age child who has a visual
2691	2631		impairment, is deaf or hard of hearing, or is deaf-blind and
2692	2632		adequately outline the expectations of a school district for such a
2693	2633		child under three years of age [with a serious visual impairment];
2694	2634		(2) include the procedures, format, and content of the
2695	2635		individualized education program for each child who has a visual
2696	2636		impairment, is deaf or hard of hearing, or is deaf-blind [with a
2697	2637		visual impairment];
2698	2638		(3) emphasize providing educational services to
2699	2639		children who have visual impairments, are deaf or hard of hearing,
2700	2640		or are deaf-blind [with visual impairments] in their home
2701	2641		communities whenever possible;
2702	2642		(4) include information regarding the establishment
2703	2643		of regional day school programs for the deaf under Subchapter D and
2704	2644		the parameters of those programs [methods to ensure that children
2705	2645		with visual impairments receiving special education services in
2706	2646		school districts receive, before being placed in a classroom
2707	2647		setting or within a reasonable time after placement:
2708	2648		[(A) evaluation of the impairment; and
2709	2649		[(B) instruction in an expanded core curriculum,
2710	2650		which is required for students with visual impairments to succeed
2711	2651		in classroom settings and to derive lasting, practical benefits
2712	2652		from the education provided by school districts, including
2713	2653		instruction in:
2714	2654		[(i) compensatory skills, such as braille
2715	2655		and concept development, and other skills needed to access the rest
2716	2656		of the curriculum;
2717	2657		[(ii) orientation and mobility;
2718	2658		[(iii) social interaction skills;
2719	2659		[(iv) career planning;
2720	2660		[(v) assistive technology, including
2721	2661		optical devices;
2722	2662		[(vi) independent living skills;
2723	2663		[(vii) recreation and leisure enjoyment;
2724	2664		[(viii) self-determination; and
2725	2665		[(ix) sensory efficiency];
2726	2666		(5) provide for flexibility on the part of school
2727	2667		districts to meet the unique [special] needs of children who have
2728	2668		visual impairments, are deaf or hard of hearing, or are deaf-blind
2729	2669		[with visual impairments] through:
2730	2670		(A) specialty staff and resources provided by the
2731	2671		district;
2732	2672		(B) contractual arrangements with other
2733	2673		qualified public or private agencies;
2734	2674		(C) supportive assistance from regional
2735	2675		education service centers or adjacent school districts;
2736	2676		(D) short-term or long-term services through the
2737	2677		Texas School for the Blind and Visually Impaired, the Texas School
2738	2678		for the Deaf, regional day school programs for the deaf, or related
2739	2679		facilities or programs; or
2740	2680		(E) other instructional and service arrangements
2741	2681		approved by the agency;
2742	2682		(6) [include a statewide admission, review, and
2743	2683		dismissal process;
2744	2684		[(7)] provide for effective interaction between the
2745	2685		[visually impaired child's] classroom setting of the child who has
2746	2686		a visual impairment, is deaf or hard of hearing, or is deaf-blind
2747	2687		and the child's home environment, including providing for parental
2748	2688		training and counseling either by school district staff or by
2749	2689		representatives of other organizations directly involved in the
2750	2690		development and implementation of the individualized education
2751	2691		program for the child;
2752	2692		(7) describe recommended and required professional
2753	2693		development activities based on the special education and related
2754	2694		services provided by school district staff to children who have
2755	2695		visual impairments, are deaf or hard of hearing, or are deaf-blind
2756	2696		[(8) require the continuing education and professional
2757	2697		development of school district staff providing special education
2758	2698		services to children with visual impairments];
2759	2699		(8) [(9)] provide for adequate monitoring and precise
2760	2700		evaluation of special education services provided to children who
2761	2701		have visual impairments, are deaf or hard of hearing, or are
2762	2702		deaf-blind [with visual impairments] through school districts;
2763	2703		[and]
2764	2704		(9) [(10)] require that school districts providing
2765	2705		special education services to children who have visual impairments,
2766	2706		are deaf or hard of hearing, or are deaf-blind [with visual
2767	2707		impairments] develop procedures for assuring that staff assigned to
2768	2708		work with the children have prompt and effective access directly to
2769	2709		resources available through:
2770	2710		(A) cooperating agencies in the area;
2771	2711		(B) the Texas School for the Blind and Visually
2772	2712		Impaired;
2773	2713		(C) the Texas School for the Deaf;
2774	2714		(D) the statewide outreach center at the Texas
2775	2715		School for the Deaf;
2776	2716		(E) the Central Media Depository for specialized
2777	2717		instructional materials and aids made specifically for use by
2778	2718		students with visual impairments;
2779	2719		(F) [(D)] sheltered workshops participating in
2780	2720		the state program of purchases of blind-made goods and services;
2781	2721		and
2782	2722		(G) [(E)] related sources; and
2783	2723		(10) assist in the coordination of educational
2784	2724		programs with other public and private agencies, including:
2785	2725		(A) agencies operating early childhood
2786	2726		intervention programs;
2787	2727		(B) preschools;
2788	2728		(C) agencies operating child development
2789	2729		programs;
2790	2730		(D) private nonsectarian schools;
2791	2731		(E) agencies operating regional occupational
2792	2732		centers and programs; and
2793	2733		(F) as appropriate, postsecondary and adult
2794	2734		programs for persons who are deaf or hard of hearing.
2795	2735		(e) Each eligible [blind or visually impaired] student who
2796	2736		has a visual impairment, is deaf or hard of hearing, or is
2797	2737		deaf-blind is entitled to receive educational programs according to
2798	2738		an individualized education program that:
2799	2739		(1) is developed in accordance with federal and state
2800	2740		requirements for providing special education services;
2801	2741		(2) is developed by a committee composed as required
2802	2742		by federal law;
2803	2743		(3) reflects that the student has been provided a
2804	2744		detailed explanation of the various service resources available to
2805	2745		the student in the community and throughout the state;
2806	2746		(4) provides a detailed description of the
2807	2747		arrangements made to provide the student with the evaluation and
2808	2748		instruction required under this subchapter and Subchapter A,
2809	2749		Chapter 29 [Subsection (c)(4)]; and
2810	2750		(5) sets forth the plans and arrangements made for
2811	2751		contacts with and continuing services to the student beyond regular
2812	2752		school hours to ensure the student learns the skills and receives
2813	2753		the instruction required under this subchapter and Subchapter A,
2814	2754		Chapter 29 [Subsection (c)(4)(B)].
2815	2755		SECTION 3.44. Subchapter A, Chapter 30, Education Code, is
2816	2756		amended by adding Section 30.0021 to read as follows:
2817	2757		Sec. 30.0021. REQUIREMENTS FOR CHILDREN WITH VISUAL
2818	2758		IMPAIRMENTS. (a) Each child with a visual impairment must receive
2819	2759		instruction in an expanded core curriculum required for children
2820	2760		with visual impairments to succeed in classroom settings and to
2821	2761		derive lasting, practical benefits from education in a school
2822	2762		district, including instruction in:
2823	2763		(1) compensatory skills, such as braille and concept
2824	2764		development, and other skills necessary to access the rest of the
2825	2765		curriculum;
2826	2766		(2) orientation and mobility;
2827	2767		(3) social interaction skills;
2828	2768		(4) career education;
2829	2769		(5) assistive technology, including optical devices;
2830	2770		(6) independent living skills;
2831	2771		(7) recreation and leisure enjoyment;
2832	2772		(8) self-determination; and
2833	2773		(9) sensory efficiency.
2834	2774		(b) To determine a child's eligibility for a school
2835	2775		district's special education program under Subchapter A, Chapter
2836	2776		29, on the basis of a visual impairment, the full individual and
2837	2777		initial evaluation of the child under Section 29.004 and any
2838	2778		reevaluation of the child must, in accordance with commissioner
2839	2779		rule:
2840	2780		(1) include an orientation and mobility evaluation
2841	2781		conducted:
2842	2782		(A) by a person who is appropriately certified as
2843	2783		an orientation and mobility specialist, as determined by
2844	2784		commissioner rule; and
2845	2785		(B) in a variety of lighting conditions and
2846	2786		settings, including in the child's home, school, and community and
2847	2787		in settings unfamiliar to the child; and
2848	2788		(2) provide for a person who is appropriately
2849	2789		certified as an orientation and mobility specialist, as determined
2850	2790		by commissioner rule, to participate, as part of a
2851	2791		multidisciplinary team, in evaluating the data on which the
2852	2792		determination of the child's eligibility is based.
2853	2793		(c) In developing an individualized education program under
2854	2794		Section 29.005 for a child with a visual impairment, proficiency in
2855	2795		reading and writing must be a significant indicator of the child's
2856	2796		satisfactory educational progress. The individualized education
2857	2797		program must include instruction in braille and the use of braille
2858	2798		unless the child's admission, review, and dismissal committee
2859	2799		documents a determination, based on an evaluation of the child's
2860	2800		appropriate literacy media and literacy skills and the child's
2861	2801		current and future instructional needs, that braille is not an
2862	2802		appropriate literacy medium for the child.
2863	2803		(d) Braille instruction:
2864	2804		(1) may be used in combination with other special
2865	2805		education services appropriate to the educational needs of a child
2866	2806		with a visual impairment; and
2867	2807		(2) must be provided by a teacher certified to teach
2868	2808		children with visual impairments under Subchapter B, Chapter 21.
2869	2809		(e) A school district shall provide to each person assisting
2870	2810		in the development of an individualized education program for a
2871	2811		child with a visual impairment information describing the benefits
2872	2812		of braille instruction.
2873	2813		(f) To facilitate implementation of this section, the
2874	2814		commissioner shall develop a system to distribute from the
2875	2815		foundation school fund to school districts or regional education
2876	2816		service centers a special supplemental allowance for each student
2877	2817		with a visual impairment. The supplemental allowance may be spent
2878	2818		only for special education services uniquely required by the nature
2879	2819		of the child's disabilities and may not be used in lieu of
2880	2820		educational funds otherwise available under this code or through
2881	2821		state or local appropriations.
2882	2822		SECTION 3.45. Section 30.003, Education Code, is amended by
2883	2823		amending Subsections (b), (d), (f-1), and (g) and adding Subsection
2884	2824		(b-1) to read as follows:
2885	2825		(b) If the student is admitted to the school for a full-time
2886	2826		program for the equivalent of two long semesters, the district's
2887	2827		share of the cost is an amount equal to the dollar amount of
2888	2828		maintenance and debt service taxes imposed by the district for that
2889	2829		year, subject to Subsection (b-1), divided by the district's
2890	2830		average daily attendance for the preceding year.
2891	2831		(b-1) The commissioner shall reduce the amount of
2892	2832		maintenance taxes imposed by the district that are obligated to be
2893	2833		paid under Subsection (b) for a year by the amount, if any, by which
2894	2834		the district is required to reduce the district's local revenue
2895	2835		level under Section 48.257 for that year.
2896	2836		(d) Each school district and state institution shall
2897	2837		provide to the commissioner the necessary information to determine
2898	2838		the district's share under this section. The information must be
2899	2839		reported to the commissioner on or before a date set by commissioner
2900	2840		rule [of the State Board of Education]. After determining the
2901	2841		amount of a district's share for all students for which the district
2902	2842		is responsible, the commissioner shall deduct that amount from the
2903	2843		payments of foundation school funds payable to the district. Each
2904	2844		deduction shall be in the same percentage of the total amount of the
2905	2845		district's share as the percentage of the total foundation school
2906	2846		fund entitlement being paid to the district at the time of the
2907	2847		deduction, except that the amount of any deduction may be modified
2908	2848		to make necessary adjustments or to correct errors. The
2909	2849		commissioner shall provide for remitting the amount deducted to the
2910	2850		appropriate school at the same time at which the remaining funds are
2911	2851		distributed to the district. If a district does not receive
2912	2852		foundation school funds or if a district's foundation school
2913	2853		entitlement is less than the amount of the district's share under
2914	2854		this section, the commissioner shall direct the district to remit
2915	2855		payment to the commissioner, and the commissioner shall remit the
2916	2856		district's share to the appropriate school.
2917	2857		(f-1) The commissioner shall determine the total amount
2918	2858		that the Texas School for the Blind and Visually Impaired and the
2919	2859		Texas School for the Deaf would have received from school districts
2920	2860		in accordance with this section if the following provisions had not
2921	2861		reduced the districts' share of the cost of providing education
2922	2862		services:
2923	2863		(1) H.B. No. 1, Acts of the 79th Legislature, 3rd
2924	2864		Called Session, 2006;
2925	2865		(2) Subsection (b-1) of this section;
2926	2866		(3) Section 45.0032;
2927	2867		(4) [(3)] Section 48.255; and
2928	2868		(5) [(4)] Section 48.2551.
2929	2869		(g) The commissioner [State Board of Education] may adopt
2930	2870		rules as necessary to implement this section.
2931	2871		SECTION 3.46. Section 30.004(b), Education Code, is amended
2932	2872		to read as follows:
2933	2873		(b) The commissioner [State Board of Education] shall adopt
2934	2874		rules prescribing the form and content of information required by
2935	2875		Subsection (a).
2936	2876		SECTION 3.47. Section 30.005, Education Code, is amended to
2937	2877		read as follows:
2938	2878		Sec. 30.005. TEXAS SCHOOL FOR THE BLIND AND VISUALLY
2939	2879		IMPAIRED MEMORANDUM OF UNDERSTANDING. The Texas Education Agency
2940	2880		and the Texas School for the Blind and Visually Impaired shall
2941	2881		develop[, agree to, and by commissioner rule adopt] a memorandum of
2942	2882		understanding to establish:
2943	2883		(1) the method for developing and reevaluating a set
2944	2884		of indicators of the quality of learning at the Texas School for the
2945	2885		Blind and Visually Impaired;
2946	2886		(2) the process for the agency to conduct and report on
2947	2887		an annual evaluation of the school's performance on the indicators;
2948	2888		(3) the requirements for the school's board to
2949	2889		publish, discuss, and disseminate an annual report describing the
2950	2890		educational performance of the school; and
2951	2891		(4) [the process for the agency to:
2952	2892		[(A) assign an accreditation status to the
2953	2893		school;
2954	2894		[(B) reevaluate the status on an annual basis;
2955	2895		and
2956	2896		[(C) if necessary, conduct monitoring reviews;
2957	2897		and
2958	2898		[(5)] the type of information the school shall be
2959	2899		required to provide through the Public Education Information
2960	2900		Management System (PEIMS).
2961	2901		SECTION 3.48. Section 30.021(e), Education Code, is amended
2962	2902		to read as follows:
2963	2903		(e) The school shall cooperate with public and private
2964	2904		agencies and organizations serving students and other persons with
2965	2905		visual impairments in the planning, development, and
2966	2906		implementation of effective educational and rehabilitative service
2967	2907		delivery systems associated with educating students with visual
2968	2908		impairments. To maximize and make efficient use of state
2969	2909		facilities, funding, and resources, the services provided in this
2970	2910		area may include conducting a cooperative program with other
2971	2911		agencies to serve students who have graduated from high school by
2972	2912		completing all academic requirements applicable to students in
2973	2913		general [regular] education, excluding satisfactory performance
2974	2914		under Section 39.025, who are younger than 22 years of age on
2975	2915		September 1 of the school year and who have identified needs related
2976	2916		to vocational training, independent living skills, orientation and
2977	2917		mobility, social and leisure skills, compensatory skills, or
2978	2918		remedial academic skills.
2979	2919		SECTION 3.49. Section 30.081, Education Code, is amended to
2980	2920		read as follows:
2981	2921		Sec. 30.081. LEGISLATIVE INTENT CONCERNING REGIONAL DAY
2982	2922		SCHOOLS FOR THE DEAF. The legislature, by this subchapter, intends
2983	2923		to continue a process of providing on a statewide basis a suitable
2984	2924		education to deaf or hard of hearing students who are under 22 [21]
2985	2925		years of age and assuring that those students have the opportunity
2986	2926		to become independent citizens.
2987	2927		SECTION 3.50. Section 30.083, Education Code, is amended to
2988	2928		read as follows:
2989	2929		Sec. 30.083. STATEWIDE PLAN. [(a)] The director of
2990	2930		services shall develop and administer a comprehensive statewide
2991	2931		plan for educational services for students who are deaf or hard of
2992	2932		hearing and receive special education and related services through
2993	2933		a regional day school program for the deaf[, including continuing
2994	2934		diagnosis and evaluation, counseling, and teaching]. The plan
2995	2935		shall be included as part of the comprehensive state plan under
2996	2936		Section 30.002 [designed to accomplish the following objectives:
2997	2937		[(1) providing assistance and counseling to parents of
2998	2938		students who are deaf or hard of hearing in regional day school
2999	2939		programs for the deaf and admitting to the programs students who
3000	2940		have a hearing loss that interferes with the processing of
3001	2941		linguistic information;
3002	2942		[(2) enabling students who are deaf or hard of hearing
3003	2943		to reside with their parents or guardians and be provided an
3004	2944		appropriate education in their home school districts or in regional
3005	2945		day school programs for the deaf;
3006	2946		[(3) enabling students who are deaf or hard of hearing
3007	2947		who are unable to attend schools at their place of residence and
3008	2948		whose parents or guardians live too far from facilities of regional
3009	2949		day school programs for the deaf for daily commuting to be
3010	2950		accommodated in foster homes or other residential school facilities
3011	2951		provided for by the agency so that those children may attend a
3012	2952		regional day school program for the deaf;
3013	2953		[(4) enrolling in the Texas School for the Deaf those
3014	2954		students who are deaf or hard of hearing whose needs can best be met
3015	2955		in that school and designating the Texas School for the Deaf as the
3016	2956		statewide educational resource for students who are deaf or hard of
3017	2957		hearing;
3018	2958		[(5) encouraging students in regional day school
3019	2959		programs for the deaf to attend general education classes on a
3020	2960		part-time, full-time, or trial basis; and
3021	2961		[(6) recognizing the need for development of language
3022	2962		and communications abilities in students who are deaf or hard of
3023	2963		hearing, but also calling for the use of methods of communication
3024	2964		that will meet the needs of each individual student, with each
3025	2965		student assessed thoroughly so as to ascertain the student's
3026	2966		potential for communications through a variety of means, including
3027	2967		through oral or aural means, fingerspelling, or sign language].
3028	2968		[(b) The director of services may establish separate
3029	2969		programs to accommodate diverse communication methodologies.]
3030	2970		SECTION 3.51. Section 37.146(a), Education Code, is amended
3031	2971		to read as follows:
3032	2972		(a) A complaint alleging the commission of a school offense
3033	2973		must, in addition to the requirements imposed by Article 45A.101,
3034	2974		Code of Criminal Procedure:
3035	2975		(1) be sworn to by a person who has personal knowledge
3036	2976		of the underlying facts giving rise to probable cause to believe
3037	2977		that an offense has been committed; and
3038	2978		(2) be accompanied by a statement from a school
3039	2979		employee stating:
3040	2980		(A) whether the child is eligible for or receives
3041	2981		special education services under Subchapter A, Chapter 29; and
3042	2982		(B) the graduated sanctions, if required under
3043	2983		Section 37.144, that were imposed on the child before the complaint
3044	2984		was filed.
3045	2985		SECTION 3.52. Section 38.003(c-1), Education Code, is
3046	2986		amended to read as follows:
3047	2987		(c-1) The agency by rule shall develop procedures designed
3048	2988		to allow the agency to:
3049	2989		(1) effectively audit and monitor and periodically
3050	2990		conduct site visits of all school districts to ensure that
3051	2991		districts are complying with this section, including the program
3052	2992		approved by the State Board of Education under this section;
3053	2993		(2) identify any problems school districts experience
3054	2994		in complying with this section, including the program approved by
3055	2995		the State Board of Education under this section;
3056	2996		(3) develop reasonable and appropriate remedial
3057	2997		strategies to address school district noncompliance and ensure the
3058	2998		purposes of this section are accomplished, which may include the
3059	2999		publication of a recommended evidence-based dyslexia program list;
3060	3000		[and]
3061	3001		(4) solicit input from parents of students enrolled in
3062	3002		a school district during the auditing and monitoring of the
3063	3003		district under Subdivision (1) regarding the district's
3064	3004		implementation of the program approved by the State Board of
3065	3005		Education under this section; and
3066	3006		(5) engage in general supervision activities,
3067	3007		including activities under the comprehensive system for monitoring
3068	3008		described by Section 29.010, to ensure school district compliance
3069	3009		with the program approved by the State Board of Education under this
3070	3010		section and Part B, Individuals with Disabilities Education Act (20
3071	3011		U.S.C. Section 1411 et seq.).
3072	3012		SECTION 3.53. Section 48.009(b), Education Code, is amended
3073	3013		to read as follows:
3074	3014		(b) The commissioner by rule shall require each school
3075	3015		district and open-enrollment charter school to report through the
3076	3016		Public Education Information Management System information
3077	3017		regarding:
3078	3018		(1) the number of students enrolled in the district or
3079	3019		school who are identified as having dyslexia;
3080	3020		(2) the availability of school counselors, including
3081	3021		the number of full-time equivalent school counselors, at each
3082	3022		campus;
3083	3023		(3) the availability of expanded learning
3084	3024		opportunities as described by Section 33.252 at each campus;
3085	3025		(4) the total number of students, other than students
3086	3026		described by Subdivision (5), enrolled in the district or school
3087	3027		with whom the district or school, as applicable, used intervention
3088	3028		strategies, as that term is defined by Section 26.004, at any time
3089	3029		during the year for which the report is made;
3090	3030		(5) the total number of students enrolled in the
3091	3031		district or school to whom the district or school provided aids,
3092	3032		accommodations, or services under Section 504, Rehabilitation Act
3093	3033		of 1973 (29 U.S.C. Section 794), at any time during the year for
3094	3034		which the report is made;
3095	3035		(6) disaggregated by campus and grade, the number of:
3096	3036		(A) children who are required to attend school
3097	3037		under Section 25.085, are not exempted under Section 25.086, and
3098	3038		fail to attend school without excuse for 10 or more days or parts of
3099	3039		days within a six-month period in the same school year;
3100	3040		(B) students for whom the district initiates a
3101	3041		truancy prevention measure under Section 25.0915(a-4); and
3102	3042		(C) parents of students against whom an
3103	3043		attendance officer or other appropriate school official has filed a
3104	3044		complaint under Section 25.093; [and]
3105	3045		(7) the number of students who are enrolled in a high
3106	3046		school equivalency program, a dropout recovery school, or an adult
3107	3047		education program provided under a high school diploma and industry
3108	3048		certification charter school program provided by the district or
3109	3049		school and who:
3110	3050		(A) are at least 18 years of age and under 26
3111	3051		years of age;
3112	3052		(B) have not previously been reported to the
3113	3053		agency as dropouts; and
3114	3054		(C) enroll in the program at the district or
3115	3055		school after not attending school for a period of at least nine
3116	3056		months; and
3117	3057		(8) students enrolled in a special education program
3118	3058		under Subchapter A, Chapter 29, as necessary for the agency to
3119	3059		adequately perform general supervision activities and determine
3120	3060		funding under Sections 48.102 and 48.1021.
3121	3061		SECTION 3.54. Subchapter A, Chapter 48, Education Code, is
3122	3062		amended by adding Section 48.011 to read as follows:
3123	3063		Sec. 48.011. COMMISSIONER AUTHORITY TO RESOLVE UNINTENDED
3124	3064		CONSEQUENCES. (a) Subject to Subsection (b), the commissioner
3125	3065		may, as necessary to implement changes made by the legislature to
3126	3066		public school finance and school district maintenance and
3127	3067		operations tax rates during the preceding four state fiscal years:
3128	3068		(1) adjust a school district's entitlement under this
3129	3069		chapter if the funding formulas used to determine the district's
3130	3070		entitlement result in an unanticipated loss, gain, or other result
3131	3071		for a school district; and
3132	3072		(2) modify dates relating to the adoption of a school
3133	3073		district's maintenance and operations tax rate and, if applicable,
3134	3074		an election required for the district to adopt that tax rate.
3135	3075		(b) Before making an adjustment under Subsection (a), the
3136	3076		commissioner shall notify and must receive approval from the
3137	3077		Legislative Budget Board and the office of the governor.
3138	3078		(c) If the commissioner makes an adjustment under
3139	3079		Subsection (a), the commissioner must provide to the legislature an
3140	3080		explanation regarding the changes necessary to resolve the
3141	3081		unintended consequences.
3142	3082		SECTION 3.55. Section 48.102, Education Code, is amended to
3143	3083		read as follows:
3144	3084		Sec. 48.102. SPECIAL EDUCATION. (a) For each student in
3145	3085		average daily attendance in a special education program under
3146	3086		Subchapter A, Chapter 29, [in a mainstream instructional
3147	3087		arrangement,] a school district is entitled to an annual allotment
3148	3088		equal to the basic allotment, or, if applicable, the sum of the
3149	3089		basic allotment and the allotment under Section 48.101 to which the
3150	3090		district is entitled, multiplied by a weight in an amount set by the
3151	3091		legislature in the General Appropriations Act for the highest tier
3152	3092		of intensity of service for which the student qualifies [1.15].
3153	3093		(a-1) Notwithstanding Subsection (a), for the 2025-2026 and
3154	3094		2026-2027 school years, the amount of an allotment under this
3155	3095		section shall be determined in accordance with Section 48.1022.
3156	3096		This subsection expires September 1, 2027. [For each full-time
3157	3097		equivalent student in average daily attendance in a special
3158	3098		education program under Subchapter A, Chapter 29, in an
3159	3099		instructional arrangement other than a mainstream instructional
3160	3100		arrangement, a district is entitled to an annual allotment equal to
3161	3101		the basic allotment, or, if applicable, the sum of the basic
3162	3102		allotment and the allotment under Section 48.101 to which the
3163	3103		district is entitled, multiplied by a weight determined according
3164	3104		to instructional arrangement as follows:
3165	3105		[Homebound 5.0
3166	3106		[Hospital class 3.0
3167	3107		[Speech therapy 5.0
3168	3108		[Resource room 3.0
3169	3109		[Self-contained, mild and moderate, regular campus 3.0
3170	3110		[Self-contained, severe, regular campus 3.0
3171	3111		[Off home campus 2.7
3172	3112		[Nonpublic day school 1.7
3173	3113		[Vocational adjustment class 2.3]
3174	3114		(b) The commissioner by rule shall define eight tiers of
3175	3115		intensity of service for use in determining funding under this
3176	3116		section. The commissioner must include one tier specifically
3177	3117		addressing students receiving special education services in
3178	3118		residential placement and one tier for students receiving only
3179	3119		speech therapy [A special instructional arrangement for students
3180	3120		with disabilities residing in care and treatment facilities, other
3181	3121		than state schools, whose parents or guardians do not reside in the
3182	3122		district providing education services shall be established by
3183	3123		commissioner rule. The funding weight for this arrangement shall
3184	3124		be 4.0 for those students who receive their education service on a
3185	3125		local school district campus. A special instructional arrangement
3186	3126		for students with disabilities residing in state schools shall be
3187	3127		established by commissioner rule with a funding weight of 2.8].
3188	3128		(c) In defining the tiers of intensity of service under
3189	3129		Subsection (b), the commissioner shall consider:
3190	3130		(1) the type, frequency, and nature of services
3191	3131		provided to a student;
3192	3132		(2) the required certifications, licensures, or other
3193	3133		qualifications for personnel serving the student;
3194	3134		(3) any identified or curriculum-required
3195	3135		provider-to-student ratios for the student to receive the
3196	3136		appropriate services; and
3197	3137		(4) any equipment or technology required for the
3198	3138		services [For funding purposes, the number of contact hours
3199	3139		credited per day for each student in the off home campus
3200	3140		instructional arrangement may not exceed the contact hours credited
3201	3141		per day for the multidistrict class instructional arrangement in
3202	3142		the 1992-1993 school year].
3203	3143		(d) [For funding purposes the contact hours credited per day
3204	3144		for each student in the resource room; self-contained, mild and
3205	3145		moderate; and self-contained, severe, instructional arrangements
3206	3146		may not exceed the average of the statewide total contact hours
3207	3147		credited per day for those three instructional arrangements in the
3208	3148		1992-1993 school year.
3209	3149		[(e) The commissioner by rule shall prescribe the
3210	3150		qualifications an instructional arrangement must meet in order to
3211	3151		be funded as a particular instructional arrangement under this
3212	3152		section. In prescribing the qualifications that a mainstream
3213	3153		instructional arrangement must meet, the commissioner shall
3214	3154		establish requirements that students with disabilities and their
3215	3155		teachers receive the direct, indirect, and support services that
3216	3156		are necessary to enrich the regular classroom and enable student
3217	3157		success.
3218	3158		[(f) In this section, "full-time equivalent student" means
3219	3159		30 hours of contact a week between a special education student and
3220	3160		special education program personnel.
3221	3161		[(g) The commissioner shall adopt rules and procedures
3222	3162		governing contracts for residential placement of special education
3223	3163		students. The legislature shall provide by appropriation for the
3224	3164		state's share of the costs of those placements.
3225	3165		[(h)] At least 55 percent of the funds allocated under this
3226	3166		section must be used in the special education program under
3227	3167		Subchapter A, Chapter 29.
3228	3168		(e) [(i)] The agency shall ensure [encourage] the placement
3229	3169		of students in special education programs, including students in
3230	3170		residential placement [instructional arrangements], in the least
3231	3171		restrictive environment appropriate for their educational needs.
3232	3172		(f) [(j)] A school district that provides an extended year
3233	3173		program required by federal law for special education students who
3234	3174		may regress is entitled to receive funds in an amount equal to [75
3235	3175		percent, or a lesser percentage determined by the commissioner, of]
3236	3176		the basic allotment, or, if applicable, the sum of the basic
3237	3177		allotment and the allotment under Section 48.101 to which the
3238	3178		district is entitled for each [full-time equivalent] student in
3239	3179		average daily attendance, multiplied by the amount designated for
3240	3180		the highest tier of intensity of service for which the student
3241	3181		qualifies [student's instructional arrangement] under this
3242	3182		section, for each day the program is provided divided by the number
3243	3183		of days in the minimum school year. [The total amount of state
3244	3184		funding for extended year services under this section may not
3245	3185		exceed $10 million per year.] A school district may use funds
3246	3186		received under this section only in providing an extended year
3247	3187		program.
3248	3188		(g) [(k)] From the total amount of funds appropriated for
3249	3189		special education under this section, the commissioner shall
3250	3190		withhold an amount specified in the General Appropriations Act, and
3251	3191		distribute that amount to school districts for programs under
3252	3192		Section 29.014. The program established under that section is
3253	3193		required only in school districts in which the program is financed
3254	3194		by funds distributed under this subsection and any other funds
3255	3195		available for the program. After deducting the amount withheld
3256	3196		under this subsection from the total amount appropriated for
3257	3197		special education, the commissioner shall reduce each district's
3258	3198		allotment proportionately and shall allocate funds to each district
3259	3199		accordingly.
3260	3200		(h) Not later than December 1 of each even-numbered year,
3261	3201		the commissioner shall submit to the Legislative Budget Board, for
3262	3202		purposes of the allotment under this section, proposed weights for
3263	3203		the tiers of intensity of service for the next state fiscal
3264	3204		biennium.
3265	3205		SECTION 3.56. Subchapter C, Chapter 48, Education Code, is
3266	3206		amended by adding Sections 48.1021 and 48.1022 to read as follows:
3267	3207		Sec. 48.1021. SPECIAL EDUCATION SERVICE GROUP ALLOTMENT.
3268	3208		(a) For each student in a special education program under
3269	3209		Subchapter A, Chapter 29, a school district is entitled to an
3270	3210		allotment in an amount set by the legislature in the General
3271	3211		Appropriations Act for the service group for which the student
3272	3212		receives services.
3273	3213		(a-1) Notwithstanding Subsection (a), for the 2025-2026 and
3274	3214		2026-2027 school years, the amount of an allotment under this
3275	3215		section shall be determined in accordance with Section 48.1022.
3276	3216		This subsection expires September 1, 2027.
3277	3217		(b) The commissioner by rule shall establish at least four
3278	3218		service groups for use in determining funding under this section.
3279	3219		In establishing the groups, the commissioner must consider:
3280	3220		(1) the type, frequency, and nature of services
3281	3221		provided to a student;
3282	3222		(2) the required certifications, licensures, or other
3283	3223		qualifications for personnel serving the student;
3284	3224		(3) any identified or curriculum-required
3285	3225		provider-to-student ratios for the student to receive the
3286	3226		appropriate services; and
3287	3227		(4) any equipment or technology required for the
3288	3228		services.
3289	3229		(c) At least 55 percent of the funds allocated under this
3290	3230		section must be used for a special education program under
3291	3231		Subchapter A, Chapter 29.
3292	3232		(d) Not later than December 1 of each even-numbered year,
3293	3233		the commissioner shall submit to the Legislative Budget Board, for
3294	3234		purposes of the allotment under this section, proposed amounts of
3295	3235		funding for the service groups for the next state fiscal biennium.
3296	3236		Sec. 48.1022. SPECIAL EDUCATION TRANSITION FUNDING.
3297	3237		(a) For the 2025-2026 and 2026-2027 school years, the commissioner
3298	3238		may adjust weights or amounts provided under Section 48.102 or
3299	3239		48.1021 as necessary to ensure compliance with requirements
3300	3240		regarding maintenance of state financial support under 20 U.S.C.
3301	3241		Section 1412(a)(18) and maintenance of local financial support
3302	3242		under applicable federal law.
3303	3243		(b) For the 2025-2026 and 2026-2027 school years, the
3304	3244		commissioner shall determine the formulas through which school
3305	3245		districts receive funding under Sections 48.102 and 48.1021. In
3306	3246		determining the formulas, the commissioner shall ensure the
3307	3247		estimated statewide increase from the allotment under Section
3308	3248		48.102 for the 2024-2025 school year to the sum of the allotments
3309	3249		under Sections 48.102 and 48.1021 for the 2025-2026 school year is
3310	3250		approximately $800 million.
3311	3251		(c) Each school district and open-enrollment charter school
3312	3252		shall report to the agency information necessary to implement this
3313	3253		section.
3314	3254		(d) The agency shall provide technical assistance to school
3315	3255		districts and open-enrollment charter schools to ensure a
3316	3256		successful transition in funding formulas for special education.
3317	3257		(e) This section expires September 1, 2028.
3318	3258		SECTION 3.57. Sections 48.103(b), (c), and (d), Education
3319	3259		Code, are amended to read as follows:
3320	3260		(b) A school district is entitled to an allotment under
3321	3261		Subsection (a) only for a student who:
3322	3262		(1) is receiving:
3323	3263		(A) instruction, services, or accommodations for
3324	3264		dyslexia or a related disorder in accordance with[:
3325	3265		[(A)] an individualized education program
3326	3266		developed for the student under Section 29.005; or
3327	3267		(B) accommodations for dyslexia or a related
3328	3268		disorder in accordance with a plan developed for the student under
3329	3269		Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794); or
3330	3270		(2) [is receiving instruction that:
3331	3271		[(A) meets applicable dyslexia program criteria
3332	3272		established by the State Board of Education; and
3333	3273		[(B) is provided by a person with specific
3334	3274		training in providing that instruction; or
3335	3275		[(3)] is permitted, on the basis of having dyslexia or
3336	3276		a related disorder, to use modifications in the classroom or
3337	3277		accommodations in the administration of assessment instruments
3338	3278		under Section 39.023 without a program or plan described by
3339	3279		Subdivision (1).
3340	3280		(c) A school district may receive funding for a student
3341	3281		under each provision of this section, [and] Section 48.102, and
3342	3282		Section 48.1021 for which [if] the student qualifies [satisfies the
3343	3283		requirements of both sections].
3344	3284		(d) A school district may use [an amount not to exceed 20
3345	3285		percent of] the allotment provided for a qualifying student under
3346	3286		this section to contract with a private provider to provide
3347	3287		supplemental academic services to the student that are recommended
3348	3288		under the student's program or plan described by Subsection (b). A
3349	3289		student may not be excused from school to receive supplemental
3350	3290		academic services provided under this subsection.
3351	3291		SECTION 3.58. Section 48.110(d), Education Code, is amended
3352	3292		to read as follows:
3353	3293		(d) For each annual graduate in a cohort described by
3354	3294		Subsection (b) who demonstrates college, career, or military
3355	3295		readiness as described by Subsection (f) in excess of the minimum
3356	3296		number of students determined for the applicable district cohort
3357	3297		under Subsection (c), a school district is entitled to an annual
3358	3298		outcomes bonus of:
3359	3299		(1) if the annual graduate is educationally
3360	3300		disadvantaged, $5,000;
3361	3301		(2) if the annual graduate is not educationally
3362	3302		disadvantaged, $3,000; and
3363	3303		(3) if the annual graduate is enrolled in a special
3364	3304		education program under Subchapter A, Chapter 29, $4,000 [$2,000],
3365	3305		regardless of whether the annual graduate is educationally
3366	3306		disadvantaged.
3367	3307		SECTION 3.59. Section 48.151(g), Education Code, is amended
3368	3308		to read as follows:
3369	3309		(g) A school district or county that provides special
3370	3310		transportation services for eligible special education students is
3371	3311		entitled to a state allocation at a [paid on a previous year's
3372	3312		cost-per-mile basis. The] rate per mile equal to the sum of the
3373	3313		rate per mile set under Subsection (c) and $0.13, or a greater
3374	3314		amount provided [allowable shall be set] by appropriation [based on
3375	3315		data gathered from the first year of each preceding biennium].
3376	3316		Districts may use a portion of their support allocation to pay
3377	3317		transportation costs, if necessary. The commissioner may grant an
3378	3318		amount set by appropriation for private transportation to reimburse
3379	3319		parents or their agents for transporting eligible special education
3380	3320		students. The mileage allowed shall be computed along the shortest
3381	3321		public road from the student's home to school and back, morning and
3382	3322		afternoon. The need for this type of transportation shall be
3383	3323		determined on an individual basis and shall be approved only in
3384	3324		extreme hardship cases.
3385	3325		SECTION 3.60. Subchapter D, Chapter 48, Education Code, is
3386	3326		amended by adding Section 48.158 to read as follows:
3387	3327		Sec. 48.158. SPECIAL EDUCATION FULL INDIVIDUAL AND INITIAL
3388	3328		EVALUATION. For each child for whom a school district conducts a
3389	3329		full individual and initial evaluation under Section 29.004 or 20
3390	3330		U.S.C. Section 1414(a)(1), the district is entitled to an allotment
3391	3331		of $1,000 or a greater amount provided by appropriation.
3392	3332		SECTION 3.61. Section 48.265(a), Education Code, is amended
3393	3333		to read as follows:
3394	3334		(a) If [Notwithstanding any other provision of law, if] the
3395	3335		commissioner determines that the amount appropriated for the
3396	3336		purposes of the Foundation School Program exceeds the amount to
3397	3337		which school districts are entitled under this chapter, the
3398	3338		commissioner may provide [by rule shall establish a grant program
3399	3339		through which excess funds are awarded as] grants using the excess
3400	3340		money for the purchase of video equipment, or for the reimbursement
3401	3341		of costs for previously purchased video equipment, used for
3402	3342		monitoring special education classrooms or other special education
3403	3343		settings required under Section 29.022.
3404	3344		SECTION 3.62. Section 48.279(e), Education Code, is amended
3405	3345		to read as follows:
3406	3346		(e) After the commissioner has replaced any withheld
3407	3347		federal funds as provided by Subsection (d), the commissioner shall
3408	3348		distribute the remaining amount, if any, of funds described by
3409	3349		Subsection (a) to proportionately increase funding for the special
3410	3350		education allotment under Section 48.102 and the special education
3411	3351		service group allotment under Section 48.1021.
3412	3352		SECTION 3.63. Subchapter G, Chapter 48, Education Code, is
3413	3353		amended by adding Sections 48.304, 48.306, and 48.315 to read as
3414	3354		follows:
3415	3355		Sec. 48.304. DAY PLACEMENT PROGRAM OR COOPERATIVE FUNDING.
3416	3356		(a) For each qualifying day placement program or cooperative that a
3417	3357		regional education service center, school district, or
3418	3358		open-enrollment charter school establishes, the program or
3419	3359		cooperative is entitled to an allotment of:
3420	3360		(1) $250,000 for the first year of the program's or
3421	3361		cooperative's operation; and
3422	3362		(2) the sum of:
3423	3363		(A) $100,000 for each year of the program's or
3424	3364		cooperative's operation after the first year; and
3425	3365		(B) $150,000 if at least three students are
3426	3366		enrolled in the program or cooperative for a year described by
3427	3367		Paragraph (A).
3428	3368		(b) A day placement program or cooperative qualifies for
3429	3369		purposes of Subsection (a) if:
3430	3370		(1) the program or cooperative complies with
3431	3371		commissioner rules adopted for purposes of this section under
3432	3372		Section 48.004;
3433	3373		(2) the program or cooperative offers services to
3434	3374		students who are enrolled at any school district or open-enrollment
3435	3375		charter school in the county in which the program or cooperative is
3436	3376		offered, unless the commissioner by rule waives or modifies the
3437	3377		requirement under this subdivision for the program or cooperative
3438	3378		to serve all students in a county; and
3439	3379		(3) the agency has designated the program or
3440	3380		cooperative for service in the county in which the program or
3441	3381		cooperative is offered and determined that, at the time of
3442	3382		designation, the program or cooperative increases the availability
3443	3383		of day placement services in the county.
3444	3384		(c) The agency may not designate more than one day placement
3445	3385		program or cooperative for service per county each year.
3446	3386		(d) The agency may designate a regional education service
3447	3387		center to implement and administer this section.
3448	3388		(e) Notwithstanding any other provision of this section,
3449	3389		the agency may not provide an allotment under this section to more
3450	3390		than 20 day placement programs or cooperatives for a year.
3451	3391		Sec. 48.306. PARENT-DIRECTED SERVICES FOR STUDENTS
3452	3392		RECEIVING SPECIAL EDUCATION SERVICES GRANT. (a) A student to whom
3453	3393		the agency awards a grant under Subchapter A-1, Chapter 29, is
3454	3394		entitled to receive an amount of $1,500 or a greater amount provided
3455	3395		by appropriation.
3456	3396		(b) The legislature shall include in the appropriations for
3457	3397		the Foundation School Program state aid sufficient for the agency
3458	3398		to award grants under Subchapter A-1, Chapter 29, in the amount
3459	3399		provided by this section.
3460	3400		(c) A student may receive one grant under Subchapter A-1,
3461	3401		Chapter 29, unless the legislature appropriates money for an
3462	3402		additional grant in the General Appropriations Act.
3463	3403		(d) A regional education service center designated to
3464	3404		administer the program under Subchapter A-1, Chapter 29, for a
3465	3405		school year is entitled to an amount equal to four percent of each
3466	3406		grant awarded under that subchapter for that school year.
3467	3407		(e) Notwithstanding Section 7.057, a determination of the
3468	3408		commissioner under this section is final and may not be appealed.
3469	3409		Sec. 48.315. FUNDING FOR REGIONAL DAY SCHOOL PROGRAMS FOR
3470	3410		THE DEAF. (a) The program administrator or fiscal agent of a
3471	3411		regional day school program for the deaf is entitled to receive for
3472	3412		each school year an allotment of $6,925, or a greater amount
3473	3413		provided by appropriation, for each student receiving services from
3474	3414		the program.
3475	3415		(b) Notwithstanding Subsection (a), the agency shall adjust
3476	3416		the amount of an allotment under that subsection for a school year
3477	3417		to ensure the total amount of allotments provided under that
3478	3418		subsection is at least $35 million for that school year.
3479	3419		SECTION 3.64. The following provisions of the Education
3480	3420		Code are repealed:
3481	3421		(1) Section 7.055(b)(24);
3482	3422		(2) Sections 7.102(c)(18), (19), (20), (21), and (22);
3483	3423		(3) Section 29.002;
3484	3424		(4) Section 29.0041(c);
3485	3425		(5) Section 29.005(f);
3486	3426		(6) Section 29.0161;
3487		-	(7) ~~Section~~ 29.018(c);
	3427	+	(7) Sections 29.018(c), (d), and (e);
3488	3428		(8) Sections 29.308, 29.309, 29.311, 30.001, and
3489	3429		30.0015;
3490	3430		(9) Sections 30.002(c-1), (c-2), (f), (f-1), and (g);
3491	3431		(10) Section 30.084;
3492	3432		(11) Section 30.087(b); and
3493	3433		(12) Section 38.003(d).
3494	3434		SECTION 3.65. The commissioner of education shall award a
3495	3435		grant under Subchapter A-1, Chapter 29, Education Code, as amended
3496	3436		by this Act, for the 2025-2026 school year to each eligible
3497	3437		applicant who applied but was not accepted for the 2024-2025 school
3498	3438		year.
3499	3439		ARTICLE 4. TRANSITION AND EFFECTIVE DATE
3500	3440		SECTION 4.01. (a) Except as otherwise provided by this Act
3501	3441		and by Subsection (b) of this section, the changes made by this Act
3502	3442		to Chapters 7, 8, 12A, 21, 25, 28, 29, 30, 37, and 38, Education
3503	3443		Code, apply beginning with the 2025-2026 school year.
3504	3444		(b) Section 21.0032, Education Code, as added by this Act,
3505		-	and ~~Sections 21.3521 and~~ 29.008, Education Code, as amended by this
3506		-	~~Act, apply~~ beginning with the 2026-2027 school year.
	3445	+	and Section 29.008, Education Code, as amended by this Act, apply
	3446	+	beginning with the 2026-2027 school year.
3507	3447		SECTION 4.02. (a) Except as otherwise provided by this Act
3508		-	and as provided by ~~Subsections~~ (b~~) and (c~~) of this section, this Act
3509		-	~~takes~~ effect September 1, 2025.
	3448	+	and as provided by Subsection (b) of this section, this Act takes
	3449	+	effect September 1, 2025.
3510	3450		(b) The changes made by this Act to Chapters 7, 8, 12A, 21,
3511	3451		25, 28, 29, 30, 37, and 38, Education Code, and Section 48.283,
3512	3452		Education Code, take effect immediately if this Act receives a vote
3513	3453		of two-thirds of all the members elected to each house, as provided
3514	3454		by Section 39, Article III, Texas Constitution. If this Act does
3515	3455		not receive the vote necessary for immediate effect, those changes
3516	3456		take effect September 1, 2025.
3517		-	(c) The changes made by this Act to Sections 48.104, 48.105,
3518		-	and 48.112, Education Code, take effect September 1, 2026.