Texas 2025 - 89th Regular

Texas House Bill HB2419 Compare Versions

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

Old	New	Differences
1	1	89R8129 KJE-D
2	2	By: González of El Paso H.B. No. 2419
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to special education and special education funding under
10	10	the Foundation School Program.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 8.051(d), Education Code, is amended to
13	13	read as follows:
14	14	(d) Each regional education service center shall maintain
15	15	core services for purchase by school districts and campuses. The
16	16	core services are:
17	17	(1) training and assistance in:
18	18	(A) teaching each subject area assessed under
19	19	Section 39.023; and
20	20	(B) providing instruction in personal financial
21	21	literacy as required under Section 28.0021;
22	22	(2) training and assistance in providing each program
23	23	that qualifies for a funding allotment under Section 48.102,
24	24	48.1021, 48.103, 48.104, 48.105, or 48.109;
25	25	(3) assistance specifically designed for a school
26	26	district or campus assigned an unacceptable performance rating
27	27	under Section 39.054;
28	28	(4) training and assistance to teachers,
29	29	administrators, members of district boards of trustees, and members
30	30	of site-based decision-making committees;
31	31	(5) assistance specifically designed for a school
32	32	district that is considered out of compliance with state or federal
33	33	special education requirements, based on the agency's most recent
34	34	compliance review of the district's special education programs; and
35	35	(6) assistance in complying with state laws and rules.
36	36	SECTION 2. Subchapter I, Chapter 21, Education Code, is
37	37	amended by adding Section 21.4024 to read as follows:
38	38	Sec. 21.4024. SALARY STIPENDS FOR CERTAIN SPECIAL EDUCATION
39	39	EMPLOYEES. (a) A classroom teacher or full-time paraprofessional
40	40	assigned to and certified in special education is entitled to
41	41	receive an annual salary stipend in the amount of $1,000 plus $150
42	42	for each year of experience in special education, up to a maximum of
43	43	$2,500.
44	44	(b) A salary stipend a classroom teacher receives under this
45	45	section:
46	46	(1) is in addition to:
47	47	(A) the regular salary to which the teacher is
48	48	entitled under this subchapter; and
49	49	(B) any local supplement; and
50	50	(2) is not considered in determining whether the
51	51	district is paying the teacher the minimum monthly salary under
52	52	Section 21.402.
53	53	(c) A salary stipend a paraprofessional receives under this
54	54	section is in addition to any local supplement or wages the district
55	55	would otherwise pay the paraprofessional during the school year.
56	56	SECTION 3. Chapter 22, Education Code, is amended by adding
57	57	Subchapter E to read as follows:
58	58	SUBCHAPTER E. RETIRED SPECIAL EDUCATION TEACHER GRANT PROGRAM
59	59	Sec. 22.151. RETIRED SPECIAL EDUCATION TEACHER GRANT
60	60	PROGRAM. (a) From money appropriated or otherwise available for
61	61	the purpose, the commissioner shall establish a grant program to
62	62	reimburse school districts and open-enrollment charter schools for
63	63	the cost of required contributions under Section 825.4092,
64	64	Government Code, for the employment of a retiree hired to teach
65	65	special education or provide services related to special education.
66	66	(b) A grant received under the program may only be used for
67	67	the cost of required contributions for the employment of a retiree:
68	68	(1) who retired before September 1, 2024; or
69	69	(2) as provided by the General Appropriations Act.
70	70	(c) If the amount of grant requests under the program
71	71	exceeds the amount appropriated or otherwise available for the
72	72	purpose, the commissioner shall proportionately reduce the amount
73	73	of each grant.
74	74	SECTION 4. Section 29.002, Education Code, is amended to
75	75	read as follows:
76	76	Sec. 29.002. DEFINITION. In this subchapter, "special
77	77	services" means:
78	78	(1) special education instruction, which may be
79	79	provided by professional and supported by paraprofessional
80	80	personnel in a general education setting [the regular classroom] or
81	81	in a special education setting, as defined by commissioner rule [an
82	82	instructional arrangement described by Section 48.102]; and
83	83	(2) related services, which are developmental,
84	84	corrective, supportive, or evaluative services, not instructional
85	85	in nature, that may be required for the student to benefit from
86	86	special education instruction and for implementation of a student's
87	87	individualized education program.
88	88	SECTION 5. Subchapter A, Chapter 29, Education Code, is
89	89	amended by adding Section 29.0055 to read as follows:
90	90	Sec. 29.0055. LOCAL INTELLECTUAL AND DEVELOPMENTAL
91	91	DISABILITY AUTHORITY INFORMATION. At the meeting at which a
92	92	child's initial individualized education program is developed, the
93	93	school district shall provide to the child's parent the contact
94	94	information for the local intellectual and developmental
95	95	disability authority for the region in which the district is
96	96	located for use in discussing services or public benefits that may
97	97	provide additional support to the child.
98	98	SECTION 6. Section 29.008, Education Code, is amended by
99	99	amending Subsections (a) and (b) and adding Subsection (a-1) to
100	100	read as follows:
101	101	(a) The commissioner shall establish a list of approved
102	102	public or private facilities, institutions, or agencies inside or
103	103	outside of this state that a [A] school district, shared services
104	104	arrangement unit, or regional education service center may contract
105	105	with [a public or private facility, institution, or agency inside
106	106	or outside of this state] for the provision of services to students
107	107	with disabilities in a residential placement. The commissioner may
108	108	approve either the whole or a part of a facility or program.
109	109	(a-1) Each contract described by this section [for
110	110	residential placement] must be approved by the commissioner. The
111	111	commissioner may approve a [residential placement] contract under
112	112	this section only after at least a programmatic evaluation of
113	113	personnel qualifications, costs, adequacy of physical plant and
114	114	equipment, and curriculum content. [The commissioner may approve
115	115	either the whole or a part of a facility or program.]
116	116	(b) Except as provided by Subsection (c), costs of an
117	117	approved contract for residential placement may be paid from a
118	118	combination of federal, state, and local funds. The local share of
119	119	the total contract cost for each student is that portion of the
120	120	local tax effort that exceeds the district's local fund assignment
121	121	under Section 48.256, divided by the average daily attendance in
122	122	the district. If the contract involves a private facility, the
123	123	state share of the total contract cost is that amount remaining
124	124	after subtracting the local share. If the contract involves a
125	125	public facility, the state share is that amount remaining after
126	126	subtracting the local share from the portion of the contract that
127	127	involves the costs of instructional and related services. For
128	128	purposes of this subsection, "local tax effort" means the total
129	129	amount of money generated by taxes imposed for debt service and
130	130	maintenance and operation less any amounts paid into a tax
131	131	increment fund under Chapter 311, Tax Code. This subsection
132	132	expires September 1, 2029.
133	133	SECTION 7. Section 29.014(d), Education Code, is amended to
134	134	read as follows:
135	135	(d) The basic allotment for a student enrolled in a district
136	136	to which this section applies is adjusted by the tier of intensity
137	137	of service defined in accordance with [weight for a homebound
138	138	student under] Section 48.102 and designated by commissioner rule
139	139	for use under this section [48.102(a)].
140	140	SECTION 8. Section 29.022(u)(3), Education Code, is amended
141	141	to read as follows:
142	142	(3) "Self-contained classroom" does not include a
143	143	classroom that is a resource room as defined by commissioner rule
144	144	[instructional arrangement under Section 48.102].
145	145	SECTION 9. Subchapter A, Chapter 29, Education Code, is
146	146	amended by adding Section 29.028 to read as follows:
147	147	Sec. 29.028. SUPPORTS FOR RECRUITING SPECIAL EDUCATION
148	148	STAFF. (a) From money appropriated or otherwise available for the
149	149	purpose, the agency shall provide grants to school districts and
150	150	open-enrollment charter schools to increase the number of qualified
151	151	and appropriately credentialed special education staff, including
152	152	special education teachers, special education paraprofessionals,
153	153	evaluation personnel, educational interpreters, ancillary
154	154	instruction personnel, and related service personnel.
155	155	(b) A school district or open-enrollment charter school
156	156	that receives a grant under this section shall require each person
157	157	the district or school uses the grant money to assist in becoming
158	158	licensed, certified, or otherwise credentialed as described by
159	159	Subsection (a) to work at the district or school for a period
160	160	established by commissioner rule.
161	161	(c) The commissioner shall adopt rules establishing the
162	162	period of required employment described by Subsection (b) and any
163	163	other rules necessary to implement this section.
164	164	SECTION 10. Section 29.316(c), Education Code, is amended
165	165	to read as follows:
166	166	(c) Not later than August 31 of each year, the agency, the
167	167	division, and the center jointly shall prepare and post on the
168	168	agency's, the division's, and the center's respective Internet
169	169	websites a report on the language acquisition of children eight
170	170	years of age or younger who are deaf or hard of hearing. The report
171	171	must:
172	172	(1) include:
173	173	(A) existing data reported in compliance with
174	174	federal law regarding children with disabilities; and
175	175	(B) information relating to the language
176	176	acquisition of children who are deaf or hard of hearing and also
177	177	have other disabilities;
178	178	(2) state for each child:
179	179	(A) the educational setting [instructional
180	180	arrangement] used with the child, as defined by commissioner rule
181	181	[described by Section 48.102], including the time the child spends
182	182	on average in a general education setting [mainstream instructional
183	183	arrangement];
184	184	(B) the specific language acquisition services
185	185	provided to the child, including:
186	186	(i) the time spent providing those
187	187	services; and
188	188	(ii) a description of any hearing
189	189	amplification used in the delivery of those services, including:
190	190	(a) the type of hearing amplification
191	191	used;
192	192	(b) the period of time in which the
193	193	child has had access to the hearing amplification; and
194	194	(c) the average amount of time the
195	195	child uses the hearing amplification each day;
196	196	(C) the tools or assessments used to assess the
197	197	child's language acquisition and the results obtained;
198	198	(D) the preferred unique communication mode used
199	199	by the child at home; and
200	200	(E) the child's age, race, and gender, the age at
201	201	which the child was identified as being deaf or hard of hearing, and
202	202	any other relevant demographic information the commissioner
203	203	determines to likely be correlated with or have an impact on the
204	204	child's language acquisition;
205	205	(3) compare progress in English literacy made by
206	206	children who are deaf or hard of hearing to progress in that subject
207	207	made by children of the same age who are not deaf or hard of hearing,
208	208	by appropriate age range; and
209	209	(4) be redacted as necessary to comply with state and
210	210	federal law regarding the confidentiality of student medical or
211	211	educational information.
212	212	SECTION 11. Subchapter A, Chapter 48, Education Code, is
213	213	amended by adding Section 48.0055 to read as follows:
214	214	Sec. 48.0055. ENROLLMENT-BASED FUNDING. The commissioner
215	215	by rule shall establish the method for determining average
216	216	enrollment for purposes of funding provided based on average
217	217	enrollment under Chapter 46 and this chapter.
218	218	SECTION 12. Section 48.051(a), Education Code, is amended
219	219	to read as follows:
220	220	(a) For each student in average daily attendance, not
221	221	including the time students spend each day in career and technology
222	222	education programs or in special education programs receiving
223	223	special education services in a setting [an instructional
224	224	arrangement] other than a general education setting [mainstream or
225	225	career and technology education programs], for which an additional
226	226	allotment is made under Subchapter C, a school district is entitled
227	227	to an allotment equal to the lesser of $6,160 or the amount that
228	228	results from the following formula:
229	229	A = $6,160 X TR/MCR
230	230	where:
231	231	"A" is the allotment to which a district is entitled;
232	232	"TR" is the district's tier one maintenance and operations
233	233	tax rate, as provided by Section 45.0032; and
234	234	"MCR" is the district's maximum compressed tax rate, as
235	235	determined under Section 48.2551.
236	236	SECTION 13. Section 48.102, Education Code, is amended to
237	237	read as follows:
238	238	Sec. 48.102. SPECIAL EDUCATION. (a) For each student in
239	239	average enrollment [daily attendance] in a special education
240	240	program under Subchapter A, Chapter 29, [in a mainstream
241	241	instructional arrangement,] a school district is entitled to an
242	242	annual allotment equal to the basic allotment, or, if applicable,
243	243	the sum of the basic allotment and the allotment under Section
244	244	48.101 to which the district is entitled, multiplied by the weight
245	245	assigned under Subsection (c) to the highest tier of intensity of
246	246	service for which the student qualifies [1.15].
247	247	(a-1) Notwithstanding Subsection (a), for the 2026-2027 and
248	248	2027-2028 school years, the amount of an allotment under this
249	249	section shall be determined in accordance with Section 48.1023.
250	250	This subsection expires September 1, 2028. [For each full-time
251	251	equivalent student in average daily attendance in a special
252	252	education program under Subchapter A, Chapter 29, in an
253	253	instructional arrangement other than a mainstream instructional
254	254	arrangement, a district is entitled to an annual allotment equal to
255	255	the basic allotment, or, if applicable, the sum of the basic
256	256	allotment and the allotment under Section 48.101 to which the
257	257	district is entitled, multiplied by a weight determined according
258	258	to instructional arrangement as follows:
259	259	[Homebound 5.0
260	260	[Hospital class 3.0
261	261	[Speech therapy 5.0
262	262	[Resource room 3.0
263	263	[Self-contained, mild and moderate, regular campus 3.0
264	264	[Self-contained, severe, regular campus 3.0
265	265	[Off home campus 2.7
266	266	[Nonpublic day school 1.7
267	267	[Vocational adjustment class 2.3]
268	268	(b) The commissioner by rule shall define seven tiers of
269	269	intensity of service for use in determining funding under this
270	270	section. The commissioner must include one tier specifically
271	271	addressing students receiving special education services in
272	272	residential placement [A special instructional arrangement for
273	273	students with disabilities residing in care and treatment
274	274	facilities, other than state schools, whose parents or guardians do
275	275	not reside in the district providing education services shall be
276	276	established by commissioner rule. The funding weight for this
277	277	arrangement shall be 4.0 for those students who receive their
278	278	education service on a local school district campus. A special
279	279	instructional arrangement for students with disabilities residing
280	280	in state schools shall be established by commissioner rule with a
281	281	funding weight of 2.8].
282	282	(c) The weights assigned to the seven tiers of intensity of
283	283	service defined under Subsection (b) are, from least to most
284	284	intense, 0.6, 0.85, 1, 1.45, 1.75, 2, and 2, or other weights
285	285	provided by appropriation. [For funding purposes, the number of
286	286	contact hours credited per day for each student in the off home
287	287	campus instructional arrangement may not exceed the contact hours
288	288	credited per day for the multidistrict class instructional
289	289	arrangement in the 1992-1993 school year.]
290	290	(d) [For funding purposes the contact hours credited per day
291	291	for each student in the resource room; self-contained, mild and
292	292	moderate; and self-contained, severe, instructional arrangements
293	293	may not exceed the average of the statewide total contact hours
294	294	credited per day for those three instructional arrangements in the
295	295	1992-1993 school year.
296	296	[(e) The commissioner by rule shall prescribe the
297	297	qualifications an instructional arrangement must meet in order to
298	298	be funded as a particular instructional arrangement under this
299	299	section. In prescribing the qualifications that a mainstream
300	300	instructional arrangement must meet, the commissioner shall
301	301	establish requirements that students with disabilities and their
302	302	teachers receive the direct, indirect, and support services that
303	303	are necessary to enrich the regular classroom and enable student
304	304	success.
305	305	[(f) In this section, "full-time equivalent student" means
306	306	30 hours of contact a week between a special education student and
307	307	special education program personnel.
308	308	[(g)] The commissioner shall adopt rules and procedures
309	309	governing contracts for residential and day program placement of
310	310	[special education] students receiving special education services.
311	311	(e) [The legislature shall provide by appropriation for the
312	312	state's share of the costs of those placements.
313	313	[(h)] At least 55 percent of the funds allocated under this
314	314	section must be used in the special education program under
315	315	Subchapter A, Chapter 29.
316	316	(f) [(i)] The agency shall ensure [encourage] the placement
317	317	of students in special education programs, including students in
318	318	residential placement [instructional arrangements], in the least
319	319	restrictive environment appropriate for their educational needs.
320	320	(g) [(j)] A school district that provides an extended year
321	321	program required by federal law for special education students who
322	322	may regress is entitled to receive funds in an amount equal to 75
323	323	percent, or a lesser percentage determined by the commissioner, of
324	324	the basic allotment, or, if applicable, the sum of the basic
325	325	allotment and the allotment under Section 48.101 to which the
326	326	district is entitled for each [full-time equivalent] student in
327	327	average enrollment [daily attendance], multiplied by the amount
328	328	designated for the highest tier of intensity of service for which
329	329	the student qualifies [student's instructional arrangement] under
330	330	this section, for each day the program is provided divided by the
331	331	number of days in the minimum school year. The total amount of
332	332	state funding for extended year services under this section may not
333	333	exceed $20 [$10] million per year. A school district may use funds
334	334	received under this section only in providing an extended year
335	335	program.
336	336	(h) [(k)] From the total amount of funds appropriated for
337	337	special education under this section, the commissioner shall
338	338	withhold an amount specified in the General Appropriations Act, and
339	339	distribute that amount to school districts for programs under
340	340	Section 29.014. The program established under that section is
341	341	required only in school districts in which the program is financed
342	342	by funds distributed under this subsection and any other funds
343	343	available for the program. After deducting the amount withheld
344	344	under this subsection from the total amount appropriated for
345	345	special education, the commissioner shall reduce each district's
346	346	allotment proportionately and shall allocate funds to each district
347	347	accordingly.
348	348	(i) Not later than December 1 of each even-numbered year,
349	349	the commissioner shall submit to the Legislative Budget Board, for
350	350	purposes of the allotment under this section, proposed weights for
351	351	the tiers of intensity of service for the next state fiscal
352	352	biennium. The commissioner must include information regarding the
353	353	selection of the proposed weights. In developing the proposed
354	354	weights, the commissioner shall consult with school district
355	355	superintendents and chief financial officers, the continuing
356	356	advisory committee appointed under Section 29.006, and other
357	357	relevant stakeholders.
358	358	SECTION 14. Subchapter C, Chapter 48, Education Code, is
359	359	amended by adding Sections 48.1021, 48.1022, and 48.1023 to read as
360	360	follows:
361	361	Sec. 48.1021. SPECIAL EDUCATION SERVICE GROUP ALLOTMENT.
362	362	(a) For each six-week period in which a student in a special
363	363	education program under Subchapter A, Chapter 29, receives eligible
364	364	special education services, a school district is entitled to an
365	365	allotment in the amount assigned under Subsection (c) to the
366	366	service group for which the student is eligible.
367	367	(a-1) Notwithstanding Subsection (a), for the 2026-2027 and
368	368	2027-2028 school years, the amount of an allotment under this
369	369	section shall be determined in accordance with Section 48.1023.
370	370	This subsection expires September 1, 2028.
371	371	(b) The commissioner by rule shall establish four service
372	372	groups for use in determining funding under this section. In
373	373	establishing the groups, the commissioner must consider:
374	374	(1) the level of services, equipment, and technology
375	375	required to meet the needs of students receiving special education
376	376	services; and
377	377	(2) services that meet the needs of students receiving
378	378	special education services and were previously eligible for
379	379	reimbursement through the school health and related services
380	380	program.
381	381	(c) The amounts assigned to the four service groups
382	382	established under Subsection (b) are, from lowest to highest level
383	383	of service, $100, $350, $650, and $1,000, or other amounts provided
384	384	by appropriation.
385	385	(d) A school district is entitled to receive an allotment
386	386	under this section for each service group for which a student is
387	387	eligible.
388	388	(e) A school district is entitled to the full amount of an
389	389	allotment under this section for a student receiving eligible
390	390	special education services during any part of a six-week period.
391	391	(f) At least 55 percent of the funds allocated under this
392	392	section must be used for a special education program under
393	393	Subchapter A, Chapter 29.
394	394	(g) Not later than December 1 of each even-numbered year,
395	395	the commissioner shall submit to the Legislative Budget Board, for
396	396	purposes of the allotment under this section, proposed amounts of
397	397	funding for the service groups for the next state fiscal biennium.
398	398	The commissioner must include information regarding the selection
399	399	of the proposed amounts. In developing the proposed amounts, the
400	400	commissioner shall consult with school district superintendents
401	401	and chief financial officers, the continuing advisory committee
402	402	appointed under Section 29.006, and other relevant stakeholders.
403	403	Sec. 48.1022. SPECIAL EDUCATION FULL INDIVIDUAL AND INITIAL
404	404	EVALUATION. For each student for whom a school district conducts a
405	405	full individual and initial evaluation under Section 29.004 or 20
406	406	U.S.C. Section 1414(a)(1), the district is entitled to an allotment
407	407	of $500 or a greater amount provided by appropriation.
408	408	Sec. 48.1023. SPECIAL EDUCATION TRANSITION FUNDING. (a)
409	409	For the 2026-2027 and 2027-2028 school years, the commissioner may
410	410	adjust weights or amounts provided under Section 48.102 or 48.1021
411	411	as necessary to ensure compliance with requirements regarding
412	412	maintenance of state financial support under 20 U.S.C. Section
413	413	1412(a)(18) and maintenance of local financial support under
414	414	applicable federal law.
415	415	(b) For the 2026-2027 and 2027-2028 school years, the
416	416	commissioner shall determine the formulas through which school
417	417	districts receive funding under Sections 48.102 and 48.1021. In
418	418	determining the formulas, the commissioner may combine the methods
419	419	of funding under those sections with the method of funding provided
420	420	by Section 48.102, as it existed on January 1, 2025.
421	421	(c) For the 2028-2029 school year, the commissioner may
422	422	adjust the weights or amounts set for purposes of Section 48.102 or
423	423	48.1021. Before making an adjustment under this subsection, the
424	424	commissioner shall:
425	425	(1) submit the proposed adjustment to the secretary of
426	426	state for publication in the Texas Register and must receive notice
427	427	of publication; and
428	428	(2) notify in writing and must receive approval from
429	429	the Legislative Budget Board.
430	430	(d) Notwithstanding any other provision of this section,
431	431	the sum of funding provided under Sections 48.102 and 48.1021 for
432	432	the 2026-2027 or for the 2027-2028 school year as adjusted under
433	433	this section may not exceed the sum of:
434	434	(1) funding that would have been provided under
435	435	Section 48.102, as it existed on January 1, 2025; and
436	436	(2) the amount set by the legislature in the General
437	437	Appropriations Act.
438	438	(e) Each school district and open-enrollment charter school
439	439	shall report to the agency information necessary to implement this
440	440	section.
441	441	(f) The agency shall provide technical assistance to school
442	442	districts and open-enrollment charter schools to ensure a
443	443	successful transition in funding formulas for special education.
444	444	(g) This section expires September 1, 2030.
445	445	SECTION 15. Sections 48.103(a) and (c), Education Code, are
446	446	amended to read as follows:
447	447	(a) Subject to Subsection (b), for each student that a
448	448	school district serves who has been identified as having dyslexia
449	449	or a related disorder, the district is entitled to an annual
450	450	allotment equal to the basic allotment multiplied by 0.5 [0.1] or a
451	451	greater amount provided by appropriation.
452	452	(c) A school district may receive funding for a student
453	453	under each provision of this section, [and] Section 48.102, and
454	454	Section 48.1021 for which [if] the student qualifies [satisfies the
455	455	requirements of both sections].
456	456	SECTION 16. Section 48.110(d), Education Code, is amended
457	457	to read as follows:
458	458	(d) For each annual graduate in a cohort described by
459	459	Subsection (b) who demonstrates college, career, or military
460	460	readiness as described by Subsection (f) in excess of the minimum
461	461	number of students determined for the applicable district cohort
462	462	under Subsection (c), a school district is entitled to an annual
463	463	outcomes bonus of:
464	464	(1) if the annual graduate is educationally
465	465	disadvantaged, $5,000;
466	466	(2) if the annual graduate is not educationally
467	467	disadvantaged, $3,000; and
468	468	(3) if the annual graduate is enrolled in a special
469	469	education program under Subchapter A, Chapter 29, $5,000 [$2,000],
470	470	regardless of whether the annual graduate is educationally
471	471	disadvantaged.
472	472	SECTION 17. Section 48.151(g), Education Code, is amended
473	473	to read as follows:
474	474	(g) A school district or county that provides special
475	475	transportation services for eligible [special education] students
476	476	receiving special education services is entitled to a state
477	477	allocation at a [paid on a previous year's cost-per-mile basis.
478	478	The] rate of $2 per mile or a greater amount provided [allowable
479	479	shall be set] by appropriation [based on data gathered from the
480	480	first year of each preceding biennium]. Districts may use a portion
481	481	of their support allocation to pay transportation costs, if
482	482	necessary. The commissioner may grant an amount set by
483	483	appropriation for private transportation to reimburse parents or
484	484	their agents for transporting eligible special education students.
485	485	The mileage allowed shall be computed along the shortest public
486	486	road from the student's home to school and back, morning and
487	487	afternoon. The need for this type of transportation shall be
488	488	determined on an individual basis and shall be approved only in
489	489	extreme hardship cases.
490	490	SECTION 18. Subchapter D, Chapter 48, Education Code, is
491	491	amended by adding Section 48.157 to read as follows:
492	492	Sec. 48.157. SPECIAL EDUCATION CERTIFICATION ALLOTMENT.
493	493	(a) For each classroom teacher, educational diagnostician,
494	494	licensed specialist in school psychology, speech pathologist,
495	495	physical therapist, occupational therapist, behavior analyst,
496	496	dyslexia therapist, or other special education professional
497	497	employed by a school district who, during the preceding year,
498	498	became certified under Subchapter B, Chapter 21, to teach special
499	499	education or as an educational diagnostician or under the
500	500	applicable provision of the Occupations Code, as applicable, the
501	501	district is entitled to an allotment in the amount of the employee's
502	502	certification fee.
503	503	(b) A school district shall use an allotment received under
504	504	this section to provide a stipend in the amount of the allotment to
505	505	the employee for whom the district received the allotment. A
506	506	stipend received under this subsection by an employee subject to
507	507	the minimum salary schedule under Section 21.402 is not considered
508	508	in determining whether the district is paying the employee the
509	509	minimum monthly salary under that section.
510	510	SECTION 19. Subchapter F, Chapter 48, Education Code, is
511	511	amended by adding Section 48.2522 to read as follows:
512	512	Sec. 48.2522. ADDITIONAL STATE AID FOR SALARY STIPENDS FOR
513	513	CERTAIN SPECIAL EDUCATION EMPLOYEES. A school district, including
514	514	a school district that is otherwise ineligible for state aid under
515	515	this chapter, is entitled to state aid in an amount equal to the
516	516	total amount of salary stipends to which classroom teachers and
517	517	paraprofessionals employed by the district are entitled to receive
518	518	under Section 21.4024.
519	519	SECTION 20. Section 48.265(a), Education Code, is amended
520	520	to read as follows:
521	521	(a) If [Notwithstanding any other provision of law, if] the
522	522	commissioner determines that the amount appropriated for the
523	523	purposes of the Foundation School Program exceeds the amount to
524	524	which school districts are entitled under this chapter, the
525	525	commissioner may provide [by rule shall establish a grant program
526	526	through which excess funds are awarded as] grants using the excess
527	527	money for the purchase of video equipment, or for the reimbursement
528	528	of costs for previously purchased video equipment, used for
529	529	monitoring special education classrooms or other special education
530	530	settings required under Section 29.022.
531	531	SECTION 21. Section 48.279(e), Education Code, is amended
532	532	to read as follows:
533	533	(e) After the commissioner has replaced any withheld
534	534	federal funds as provided by Subsection (d), the commissioner shall
535	535	distribute the remaining amount, if any, of funds described by
536	536	Subsection (a) to proportionately increase funding for the special
537	537	education allotment under Section 48.102 and the special education
538	538	service group allotment under Section 48.1021.
539	539	SECTION 22. Section 825.4092(f), Government Code, is
540	540	amended to read as follows:
541	541	(f) A reporting employer is ultimately responsible for
542	542	payment of the amounts required to be contributed under Subsections
543	543	(b) and (c). The employer may not directly or indirectly pass that
544	544	cost on to the retiree through payroll deduction, by imposition of a
545	545	fee, or by any other means designed to recover the cost. This
546	546	subsection does not apply to contributions required for a retiree
547	547	employed by a school district or open-enrollment charter school to
548	548	teach special education.
549	549	SECTION 23. Section 21.4024, Education Code, as added by
550	550	this Act, Subchapter E, Chapter 22, Education Code, as added by this
551	551	Act, Chapter 29, Education Code, as amended by this Act, and Section
552	552	825.4092(f), Government Code, as amended by this Act, apply
553	553	beginning with the 2025-2026 school year.
554	554	SECTION 24. (a) Except as provided by Subsection (b) of
555	555	this section, this Act takes effect immediately if it receives a
556	556	vote of two-thirds of all the members elected to each house, as
557	557	provided by Section 39, Article III, Texas Constitution. If this
558	558	Act does not receive the vote necessary for immediate effect, this
559	559	Act takes effect September 1, 2025.
560	560	(b) The amendments by this Act to Chapter 48, Education
561	561	Code, take effect September 1, 2025.