Texas 2025 - 89th Regular

Texas Senate Bill SB149 Compare Versions

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

Old	New	Differences
1	1	89R2434 KJE-F
2	2	By: Menéndez S.B. No. 149
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 funding under the Foundation School
10	10	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. Section 29.002, Education Code, is amended to
37	37	read as follows:
38	38	Sec. 29.002. DEFINITION. In this subchapter, "special
39	39	services" means:
40	40	(1) special education instruction, which may be
41	41	provided by professional and supported by paraprofessional
42	42	personnel in a general education setting [the regular classroom] or
43	43	in a special education setting, as defined by commissioner rule [an
44	44	instructional arrangement described by Section 48.102]; and
45	45	(2) related services, which are developmental,
46	46	corrective, supportive, or evaluative services, not instructional
47	47	in nature, that may be required for the student to benefit from
48	48	special education instruction and for implementation of a student's
49	49	individualized education program.
50	50	SECTION 3. Section 29.014(d), Education Code, is amended to
51	51	read as follows:
52	52	(d) The basic allotment for a student enrolled in a district
53	53	to which this section applies is adjusted by the tier of intensity
54	54	of service defined in accordance with [weight for a homebound
55	55	student under] Section 48.102 and designated by commissioner rule
56	56	for use under this section [48.102(a)].
57	57	SECTION 4. Section 29.022(u)(3), Education Code, is amended
58	58	to read as follows:
59	59	(3) "Self-contained classroom" does not include a
60	60	classroom that is a resource room as defined by commissioner rule
61	61	[instructional arrangement under Section 48.102].
62	62	SECTION 5. Section 29.316(c), Education Code, is amended to
63	63	read as follows:
64	64	(c) Not later than August 31 of each year, the agency, the
65	65	division, and the center jointly shall prepare and post on the
66	66	agency's, the division's, and the center's respective Internet
67	67	websites a report on the language acquisition of children eight
68	68	years of age or younger who are deaf or hard of hearing. The report
69	69	must:
70	70	(1) include:
71	71	(A) existing data reported in compliance with
72	72	federal law regarding children with disabilities; and
73	73	(B) information relating to the language
74	74	acquisition of children who are deaf or hard of hearing and also
75	75	have other disabilities;
76	76	(2) state for each child:
77	77	(A) the educational setting [instructional
78	78	arrangement] used with the child, as defined by commissioner rule
79	79	[described by Section 48.102], including the time the child spends
80	80	on average in a general education setting [mainstream instructional
81	81	arrangement];
82	82	(B) the specific language acquisition services
83	83	provided to the child, including:
84	84	(i) the time spent providing those
85	85	services; and
86	86	(ii) a description of any hearing
87	87	amplification used in the delivery of those services, including:
88	88	(a) the type of hearing amplification
89	89	used;
90	90	(b) the period of time in which the
91	91	child has had access to the hearing amplification; and
92	92	(c) the average amount of time the
93	93	child uses the hearing amplification each day;
94	94	(C) the tools or assessments used to assess the
95	95	child's language acquisition and the results obtained;
96	96	(D) the preferred unique communication mode used
97	97	by the child at home; and
98	98	(E) the child's age, race, and gender, the age at
99	99	which the child was identified as being deaf or hard of hearing, and
100	100	any other relevant demographic information the commissioner
101	101	determines to likely be correlated with or have an impact on the
102	102	child's language acquisition;
103	103	(3) compare progress in English literacy made by
104	104	children who are deaf or hard of hearing to progress in that subject
105	105	made by children of the same age who are not deaf or hard of hearing,
106	106	by appropriate age range; and
107	107	(4) be redacted as necessary to comply with state and
108	108	federal law regarding the confidentiality of student medical or
109	109	educational information.
110	110	SECTION 6. Subchapter A, Chapter 48, Education Code, is
111	111	amended by adding Section 48.0055 to read as follows:
112	112	Sec. 48.0055. ENROLLMENT-BASED FUNDING. The commissioner
113	113	by rule shall establish the method for determining average
114	114	enrollment for purposes of funding provided based on average
115	115	enrollment under Chapter 46 and this chapter.
116	116	SECTION 7. Section 48.051(a), Education Code, is amended to
117	117	read as follows:
118	118	(a) For each student in average daily attendance, not
119	119	including the time students spend each day in career and technology
120	120	education programs or in special education programs receiving
121	121	special education services in a setting [an instructional
122	122	arrangement] other than a general education setting [mainstream or
123	123	career and technology education programs], for which an additional
124	124	allotment is made under Subchapter C, a school district is entitled
125	125	to an allotment equal to the lesser of $6,160 or the amount that
126	126	results from the following formula:
127	127	A = $6,160 X TR/MCR
128	128	where:
129	129	"A" is the allotment to which a district is entitled;
130	130	"TR" is the district's tier one maintenance and operations
131	131	tax rate, as provided by Section 45.0032; and
132	132	"MCR" is the district's maximum compressed tax rate, as
133	133	determined under Section 48.2551.
134	134	SECTION 8. Section 48.102, Education Code, is amended to
135	135	read as follows:
136	136	Sec. 48.102. SPECIAL EDUCATION. (a) For each student in
137	137	average enrollment [daily attendance] in a special education
138	138	program under Subchapter A, Chapter 29, [in a mainstream
139	139	instructional arrangement,] a school district is entitled to an
140	140	annual allotment equal to the basic allotment, or, if applicable,
141	141	the sum of the basic allotment and the allotment under Section
142	142	48.101 to which the district is entitled, multiplied by the weight
143	143	assigned under Subsection (c) to the highest tier of intensity of
144	144	service for which the student qualifies [1.15].
145	145	(a-1) Notwithstanding Subsection (a), for the 2026-2027 and
146	146	2027-2028 school years, the amount of an allotment under this
147	147	section shall be determined in accordance with Section 48.1022.
148	148	This subsection expires September 1, 2028. [For each full-time
149	149	equivalent student in average daily attendance in a special
150	150	education program under Subchapter A, Chapter 29, in an
151	151	instructional arrangement other than a mainstream instructional
152	152	arrangement, a district is entitled to an annual allotment equal to
153	153	the basic allotment, or, if applicable, the sum of the basic
154	154	allotment and the allotment under Section 48.101 to which the
155	155	district is entitled, multiplied by a weight determined according
156	156	to instructional arrangement as follows:
157	157	[Homebound 5.0
158	158	[Hospital class 3.0
159	159	[Speech therapy 5.0
160	160	[Resource room 3.0
161	161	[Self-contained, mild and moderate, regular campus 3.0
162	162	[Self-contained, severe, regular campus 3.0
163	163	[Off home campus 2.7
164	164	[Nonpublic day school 1.7
165	165	[Vocational adjustment class 2.3]
166	166	(b) The commissioner by rule shall define seven tiers of
167	167	intensity of service for use in determining funding under this
168	168	section. The commissioner must include one tier specifically
169	169	addressing students receiving special education services in
170	170	residential placement [A special instructional arrangement for
171	171	students with disabilities residing in care and treatment
172	172	facilities, other than state schools, whose parents or guardians do
173	173	not reside in the district providing education services shall be
174	174	established by commissioner rule. The funding weight for this
175	175	arrangement shall be 4.0 for those students who receive their
176	176	education service on a local school district campus. A special
177	177	instructional arrangement for students with disabilities residing
178	178	in state schools shall be established by commissioner rule with a
179	179	funding weight of 2.8].
180	180	(c) The weights assigned to the seven tiers of intensity of
181	181	service defined under Subsection (b) are, from least to most
182	182	intense, 0.6, 0.85, 1, 1.45, 1.75, 2, and 2, or other weights
183	183	provided by appropriation. [For funding purposes, the number of
184	184	contact hours credited per day for each student in the off home
185	185	campus instructional arrangement may not exceed the contact hours
186	186	credited per day for the multidistrict class instructional
187	187	arrangement in the 1992-1993 school year.]
188	188	(d) [For funding purposes the contact hours credited per day
189	189	for each student in the resource room; self-contained, mild and
190	190	moderate; and self-contained, severe, instructional arrangements
191	191	may not exceed the average of the statewide total contact hours
192	192	credited per day for those three instructional arrangements in the
193	193	1992-1993 school year.
194	194	[(e) The commissioner by rule shall prescribe the
195	195	qualifications an instructional arrangement must meet in order to
196	196	be funded as a particular instructional arrangement under this
197	197	section. In prescribing the qualifications that a mainstream
198	198	instructional arrangement must meet, the commissioner shall
199	199	establish requirements that students with disabilities and their
200	200	teachers receive the direct, indirect, and support services that
201	201	are necessary to enrich the regular classroom and enable student
202	202	success.
203	203	[(f) In this section, "full-time equivalent student" means
204	204	30 hours of contact a week between a special education student and
205	205	special education program personnel.
206	206	[(g)] The commissioner shall adopt rules and procedures
207	207	governing contracts for residential and day program placement of
208	208	[special education] students receiving special education services.
209	209	(e) [The legislature shall provide by appropriation for the
210	210	state's share of the costs of those placements.
211	211	[(h)] At least 55 percent of the funds allocated under this
212	212	section must be used in the special education program under
213	213	Subchapter A, Chapter 29.
214	214	(f) [(i)] The agency shall ensure [encourage] the placement
215	215	of students in special education programs, including students in
216	216	residential placement [instructional arrangements], in the least
217	217	restrictive environment appropriate for their educational needs.
218	218	(g) [(j)] A school district that provides an extended year
219	219	program required by federal law for special education students who
220	220	may regress is entitled to receive funds in an amount equal to 75
221	221	percent, or a lesser percentage determined by the commissioner, of
222	222	the basic allotment, or, if applicable, the sum of the basic
223	223	allotment and the allotment under Section 48.101 to which the
224	224	district is entitled for each [full-time equivalent] student in
225	225	average enrollment [daily attendance], multiplied by the amount
226	226	designated for the highest tier of intensity of service for which
227	227	the student qualifies [student's instructional arrangement] under
228	228	this section, for each day the program is provided divided by the
229	229	number of days in the minimum school year. The total amount of
230	230	state funding for extended year services under this section may not
231	231	exceed $20 [$10] million per year. A school district may use funds
232	232	received under this section only in providing an extended year
233	233	program.
234	234	(h) [(k)] From the total amount of funds appropriated for
235	235	special education under this section, the commissioner shall
236	236	withhold an amount specified in the General Appropriations Act, and
237	237	distribute that amount to school districts for programs under
238	238	Section 29.014. The program established under that section is
239	239	required only in school districts in which the program is financed
240	240	by funds distributed under this subsection and any other funds
241	241	available for the program. After deducting the amount withheld
242	242	under this subsection from the total amount appropriated for
243	243	special education, the commissioner shall reduce each district's
244	244	allotment proportionately and shall allocate funds to each district
245	245	accordingly.
246	246	(i) Not later than December 1 of each even-numbered year,
247	247	the commissioner shall submit to the Legislative Budget Board, for
248	248	purposes of the allotment under this section, proposed weights for
249	249	the tiers of intensity of service for the next state fiscal
250	250	biennium. The commissioner must include information regarding the
251	251	selection of the proposed weights. In developing the proposed
252	252	weights, the commissioner shall consult with school district
253	253	superintendents and chief financial officers, the continuing
254	254	advisory committee appointed under Section 29.006, and other
255	255	relevant stakeholders.
256	256	SECTION 9. Subchapter C, Chapter 48, Education Code, is
257	257	amended by adding Sections 48.1021, 48.1022, and 48.1023 to read as
258	258	follows:
259	259	Sec. 48.1021. SPECIAL EDUCATION SERVICE GROUP ALLOTMENT.
260	260	(a) For each six-week period in which a student in a special
261	261	education program under Subchapter A, Chapter 29, receives eligible
262	262	special education services, a school district is entitled to an
263	263	allotment in the amount assigned under Subsection (c) to the
264	264	service group for which the student is eligible.
265	265	(a-1) Notwithstanding Subsection (a), for the 2026-2027 and
266	266	2027-2028 school years, the amount of an allotment under this
267	267	section shall be determined in accordance with Section 48.1022.
268	268	This subsection expires September 1, 2028.
269	269	(b) The commissioner by rule shall establish four service
270	270	groups for use in determining funding under this section. In
271	271	establishing the groups, the commissioner must consider:
272	272	(1) the level of services, equipment, and technology
273	273	required to meet the needs of students receiving special education
274	274	services; and
275	275	(2) services that meet the needs of students receiving
276	276	special education services and were previously eligible for
277	277	reimbursement through the school health and related services
278	278	program.
279	279	(c) The amounts assigned to the four service groups
280	280	established under Subsection (b) are, from lowest to highest level
281	281	of service, $100, $350, $650, and $1,000, or other amounts provided
282	282	by appropriation.
283	283	(d) A school district is entitled to receive an allotment
284	284	under this section for each service group for which a student is
285	285	eligible.
286	286	(e) A school district is entitled to the full amount of an
287	287	allotment under this section for a student receiving eligible
288	288	special education services during any part of a six-week period.
289	289	(f) At least 55 percent of the funds allocated under this
290	290	section must be used for a special education program under
291	291	Subchapter A, Chapter 29.
292	292	(g) Not later than December 1 of each even-numbered year,
293	293	the commissioner shall submit to the Legislative Budget Board, for
294	294	purposes of the allotment under this section, proposed amounts of
295	295	funding for the service groups for the next state fiscal biennium.
296	296	The commissioner must include information regarding the selection
297	297	of the proposed amounts. In developing the proposed amounts, the
298	298	commissioner shall consult with school district superintendents
299	299	and chief financial officers, the continuing advisory committee
300	300	appointed under Section 29.006, and other relevant stakeholders.
301	301	Sec. 48.1022. SPECIAL EDUCATION TRANSITION FUNDING. (a)
302	302	For the 2026-2027 and 2027-2028 school years, the commissioner may
303	303	adjust weights or amounts provided under Section 48.102 or 48.1021
304	304	as necessary to ensure compliance with requirements regarding
305	305	maintenance of state financial support under 20 U.S.C. Section
306	306	1412(a)(18) and maintenance of local financial support under
307	307	applicable federal law.
308	308	(b) For the 2026-2027 and 2027-2028 school years, the
309	309	commissioner shall determine the formulas through which school
310	310	districts receive funding under Sections 48.102 and 48.1021. In
311	311	determining the formulas, the commissioner may combine the methods
312	312	of funding under those sections with the method of funding provided
313	313	by Section 48.102, as it existed on January 1, 2025.
314	314	(c) For the 2028-2029 school year, the commissioner may
315	315	adjust the weights or amounts set for purposes of Section 48.102 or
316	316	48.1021. Before making an adjustment under this subsection, the
317	317	commissioner shall:
318	318	(1) submit the proposed adjustment to the secretary of
319	319	state for publication in the Texas Register and must receive notice
320	320	of publication; and
321	321	(2) notify in writing and must receive approval from
322	322	the Legislative Budget Board.
323	323	(d) Notwithstanding any other provision of this section,
324	324	the sum of funding provided under Sections 48.102 and 48.1021 for
325	325	the 2026-2027 or for the 2027-2028 school year as adjusted under
326	326	this section may not exceed the sum of:
327	327	(1) funding that would have been provided under
328	328	Section 48.102, as it existed on January 1, 2025; and
329	329	(2) the amount set by the legislature in the General
330	330	Appropriations Act.
331	331	(e) Each school district and open-enrollment charter school
332	332	shall report to the agency information necessary to implement this
333	333	section.
334	334	(f) The agency shall provide technical assistance to school
335	335	districts and open-enrollment charter schools to ensure a
336	336	successful transition in funding formulas for special education.
337	337	(g) This section expires September 1, 2030.
338	338	Sec. 48.1023. SPECIAL EDUCATION TRANSITION HOLD HARMLESS
339	339	FUNDING. (a) For the 2026-2027, 2027-2028, 2028-2029, and
340	340	2029-2030 school years, each school district is entitled to receive
341	341	funding under Sections 48.102 and 48.1021 in a total amount at least
342	342	equal to the amount of funding the district was entitled to receive
343	343	under Section 48.102 for the 2025-2026 school year.
344	344	(b) The commissioner shall adjust a school district's
345	345	entitlement under Sections 48.102 and 48.1021 as necessary to
346	346	comply with this section.
347	347	(c) This section expires September 1, 2030.
348	348	SECTION 10. Sections 48.103(a) and (c), Education Code, are
349	349	amended to read as follows:
350	350	(a) Subject to Subsection (b), for each student that a
351	351	school district serves who has been identified as having dyslexia
352	352	or a related disorder, the district is entitled to an annual
353	353	allotment equal to the basic allotment multiplied by 0.5 [0.1] or a
354	354	greater amount provided by appropriation.
355	355	(c) A school district may receive funding for a student
356	356	under each provision of this section, [and] Section 48.102, and
357	357	Section 48.1021 for which [if] the student qualifies [satisfies the
358	358	requirements of both sections].
359	359	SECTION 11. This Act takes effect September 1, 2026.