Texas 2025 - 89th Regular

Texas Senate Bill SB568 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Bettencourt, et al. S.B. No. 568
2		-
3		-
	2	+	(In the Senate - Filed December 12, 2024; February 3, 2025,
	3	+	read first time and referred to Committee on Education K-16;
	4	+	March 31, 2025, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 11, Nays 0; March 31, 2025,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 568 By: Parker
4	9
5	10
6	11		A BILL TO BE ENTITLED
7	12		AN ACT
8	13		relating to special education in public schools, including funding
9	14		for special education under the Foundation School Program.
10	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	16		SECTION 1. Section 7.021(b)(10), Education Code, is amended
12	17		to read as follows:
13	18		(10) The agency shall carry out duties assigned under
14	19		Section 30.002 concerning children who have visual impairments, are
15	20		deaf or hard of hearing, or are deaf-blind [with visual
16	21		impairments].
17	22		SECTION 2. Section 7.055(b)(25), Education Code, is amended
18	23		to read as follows:
19	24		(25) The commissioner shall develop a system to
20	25		distribute to school districts or regional education service
21	26		centers a special supplemental allowance for students with visual
22	27		impairments as required under Section 30.0021 [30.002].
23	28		SECTION 3. Section 8.051(d), Education Code, is amended to
24	29		read as follows:
25	30		(d) Each regional education service center shall maintain
26	31		core services for purchase by school districts and campuses. The
27	32		core services are:
28	33		(1) training and assistance in:
29	34		(A) teaching each subject area assessed under
30	35		Section 39.023; and
31	36		(B) providing instruction in personal financial
32	37		literacy as required under Section 28.0021;
33	38		(2) training and assistance in providing each program
34	39		that qualifies for a funding allotment under Section 48.102,
35	40		48.1021, 48.103, 48.104, 48.105, or 48.109;
36	41		(3) assistance specifically designed for a school
37	42		district or campus assigned an unacceptable performance rating
38	43		under Section 39.054;
39	44		(4) training and assistance to teachers,
40	45		administrators, members of district boards of trustees, and members
41	46		of site-based decision-making committees;
42	47		(5) assistance specifically designed for a school
43	48		district that is considered out of compliance with state or federal
44	49		special education requirements, based on the agency's most recent
45	50		compliance review of the district's special education programs; and
46	51		(6) assistance in complying with state laws and rules.
47	52		SECTION 4. Sections 28.025(c-7) and (c-8), Education Code,
48	53		are amended to read as follows:
49	54		(c-7) Subject to Subsection (c-8), a student who is enrolled
50	55		in a special education program under Subchapter A, Chapter 29, may
51	56		earn the distinguished level of achievement under Subsection (b-15)
52	57		or an endorsement on the student's transcript under Subsection
53	58		(c-1) by:
54	59		(1) successfully completing, with or without
55	60		modification of the curriculum:
56	61		(A) the curriculum requirements identified by
57	62		the State Board of Education under Subsection (a); [and]
58	63		(B) for the distinguished level of achievement,
59	64		the additional curriculum requirements prescribed under Subsection
60	65		(b-15); and
61	66		(C) for an endorsement, the additional
62	67		[endorsement] curriculum requirements prescribed by the State
63	68		Board of Education under Subsection (c-2); and
64	69		(2) successfully completing all curriculum
65	70		requirements for the distinguished level of achievement or that
66	71		endorsement adopted by the State Board of Education:
67	72		(A) without modification of the curriculum; or
68	73		(B) with modification of the curriculum,
69	74		provided that the curriculum, as modified, is sufficiently rigorous
70	75		as determined by the student's admission, review, and dismissal
71	76		committee and documented in the student's individualized education
72	77		program.
73	78		(c-8) For purposes of Subsection (c-7), the admission,
74	79		review, and dismissal committee of a student in a special education
75	80		program under Subchapter A, Chapter 29, shall determine whether the
76	81		student is required to achieve satisfactory performance on an
77	82		end-of-course assessment instrument to earn the distinguished
78	83		level of achievement or an endorsement on the student's transcript.
79	84		SECTION 5. Section 29.001, Education Code, is amended to
80	85		read as follows:
81	86		Sec. 29.001. IMPLEMENTATION OF SPECIAL EDUCATION
82	87		LAW [STATEWIDE PLAN]. (a) As the state education agency
83	88		responsible for carrying out the purposes of Part B, Individuals
84	89		with Disabilities Education Act (20 U.S.C. Section 1411 et seq.),
85	90		the [The] agency shall develop, and revise [modify] as necessary, a
86	91		comprehensive system to ensure statewide and local compliance
87	92		[design, consistent] with federal and state law related to special
88	93		education[, for the delivery of services to children with
89	94		disabilities in this state that includes rules for the
90	95		administration and funding of the special education program so that
91	96		a free appropriate public education is available to all of those
92	97		children between the ages of three and 21].
93	98		(b) The comprehensive system must [statewide design shall]
94	99		include the provision of services primarily through school
95	100		districts and shared services arrangements, supplemented by
96	101		regional education service centers.
97	102		(c) The comprehensive system must focus on maximizing
98	103		student outcomes and include [agency shall also develop and
99	104		implement a statewide plan with programmatic content that includes
100	105		procedures designed to]:
101	106		(1) rulemaking, technical assistance, guidance
102	107		documents, monitoring protocols, data elements necessary for
103	108		statewide reporting, and other resources as necessary to implement
104	109		and ensure compliance with federal and state law related to special
105	110		education [ensure state compliance with requirements for
106	111		supplemental federal funding for all state-administered programs
107	112		involving the delivery of instructional or related services to
108	113		students with disabilities];
109	114		(2) the facilitation of [facilitate] interagency
110	115		coordination when other state agencies are involved in the delivery
111	116		of instructional or related services to students with disabilities;
112	117		(3) the pursuit of [periodically assess statewide
113	118		personnel needs in all areas of specialization related to special
114	119		education and pursue] strategies to meet statewide special
115	120		education and related services personnel [those] needs [through a
116	121		consortium of representatives from regional education service
117	122		centers, local education agencies, and institutions of higher
118	123		education and through other available alternatives];
119	124		(4) ensuring [ensure] that regional education service
120	125		centers throughout the state maintain a regional support function,
121	126		which may include procedures for service centers to assist school
122	127		districts in identifying existing public or private educational or
123	128		related services in each region, cooperatively developing programs
124	129		for students with disabilities, providing to or obtaining for
125	130		school districts special equipment, delivering services, and
126	131		facilitating [direct service delivery and a component designed to
127	132		facilitate] the placement of students with disabilities who cannot
128	133		be appropriately served in their resident districts;
129	134		(5) [allow the agency to] effectively monitoring
130	135		[monitor] and periodically conducting [conduct] site visits of all
131	136		school districts to ensure that rules adopted under this subchapter
132	137		[section] are applied in a consistent and uniform manner, to ensure
133	138		that districts are complying with those rules, and to ensure that
134	139		annual statistical reports filed by the districts and not otherwise
135	140		available through the Public Education Information Management
136	141		System under Sections 48.008 and 48.009 are accurate and complete;
137	142		and
138	143		(6) the provision of training and technical assistance
139	144		to ensure that:
140	145		(A) appropriately trained personnel are involved
141	146		in the diagnostic and evaluative procedures operating in all
142	147		districts and that those personnel routinely serve on district
143	148		multidisciplinary evaluation teams and admissions, review, and
144	149		dismissal committees;
145	150		(B) [(7) ensure that] an individualized
146	151		education program for each student with a disability is properly
147	152		developed, implemented, and maintained in the least restrictive
148	153		environment that is appropriate to meet the student's educational
149	154		needs;
150	155		(C) appropriately trained personnel are
151	156		available to students with disabilities who have significant
152	157		behavioral support needs, including by providing behavioral
153	158		support training for a paraprofessional or teacher placed in a
154	159		classroom or other setting that is intended to provide specialized
155	160		behavioral supports to a student with a disability, as needed or at
156	161		regular intervals as provided in the student's individualized
157	162		education program;
158	163		(D) [(8) ensure that,] when appropriate, each
159	164		student with a disability is provided an opportunity to participate
160	165		in career and technology and physical education classes[, in
161	166		addition to participating in regular or special classes];
162	167		(E) [(9) ensure that] each student with a
163	168		disability is provided necessary related services;
164	169		(F) school districts have an opportunity to
165	170		request technical assistance from the agency or a regional
166	171		education service center in establishing classroom environments
167	172		conducive to learning for students with disabilities, including
168	173		environments for students whose data indicate behavior that
169	174		significantly impedes the student's own learning and the learning
170	175		of other students;
171	176		(G) [(10) ensure that] an individual assigned
172	177		to act as a surrogate parent for a child with a disability, as
173	178		provided by 20 U.S.C. Section 1415(b), is required to:
174	179		(i) [(A)] complete a training program that
175	180		complies with minimum standards established by agency rule;
176	181		(ii) [(B)] visit the child and the child's
177	182		school;
178	183		(iii) [(C)] consult with persons involved
179	184		in the child's education, including teachers, caseworkers,
180	185		court-appointed volunteers, guardians ad litem, attorneys ad
181	186		litem, foster parents, and caretakers;
182	187		(iv) [(D)] review the child's educational
183	188		records;
184	189		(v) [(E)] attend meetings of the child's
185	190		admission, review, and dismissal committee;
186	191		(vi) [(F)] exercise independent judgment
187	192		in pursuing the child's interests; and
188	193		(vii) [(G)] exercise the child's due
189	194		process rights under applicable state and federal law; and
190	195		(H) [(11) ensure that] each district develops a
191	196		process to be used by a teacher who instructs a student with a
192	197		disability in a general education [regular] classroom setting:
193	198		(i) [(A)] to request a review of the
194	199		student's individualized education program;
195	200		(ii) [(B)] to provide input in the
196	201		development of the student's individualized education program;
197	202		(iii) [(C)] that provides for a timely
198	203		district response to the teacher's request; and
199	204		(iv) [(D)] that provides for notification
200	205		to the student's parent or legal guardian of that response.
201	206		SECTION 6. Subchapter A, Chapter 29, Education Code, is
202	207		amended by adding Section 29.0012 to read as follows:
203	208		Sec. 29.0012. ANNUAL MEETING ON SPECIAL EDUCATION. (a) At
204	209		least once each year, the board of trustees of a school district or
205	210		the governing body of an open-enrollment charter school shall
206	211		include during a public meeting a discussion of the performance of
207	212		students receiving special education services at the district or
208	213		school.
209	214		(b) The agency by rule shall adopt a set of performance
210	215		indicators for measuring and evaluating the quality of learning and
211	216		achievement for students receiving special education services at
212	217		the school district or open-enrollment charter school to be
213	218		considered at a meeting held under this section. The indicators
214	219		must include performance on the college, career, or military
215	220		readiness outcomes described by Section 48.110.
216	221		SECTION 7. Section 29.003, Education Code, is amended to
217	222		read as follows:
218	223		Sec. 29.003. ELIGIBILITY CRITERIA. (a) The agency shall
219	224		develop specific eligibility criteria based on the general
220	225		classifications established by this section and in accordance with
221	226		federal law [with reference to contemporary diagnostic or
222	227		evaluative terminologies and techniques]. Eligible students with
223	228		disabilities shall enjoy the right to a free appropriate public
224	229		education, which may include instruction in the general education
225	230		[regular] classroom, instruction through special teaching, or
226	231		instruction through contracts approved under this subchapter.
227	232		Instruction shall be supplemented by the provision of related
228	233		services when appropriate.
229	234		(b) A student is eligible to participate in a school
230	235		district's special education program [if the student]:
231	236		(1) from birth through [is not more than] 21 years of
232	237		age if the student [and] has a visual [or auditory] impairment, is
233	238		deaf or hard of hearing, or is deaf-blind and that disability
234	239		prevents the student from being adequately or safely educated in
235	240		public school without the provision of special education services;
236	241		[or]
237	242		(2) from three years of age through nine years of age
238	243		if the student is experiencing developmental delays as described by
239	244		20 U.S.C. Section 1401(3)(B) and defined by commissioner rule; or
240	245		(3) from 3 years of age through [is at least three but
241	246		not more than] 21 years of age if the student [and] has one or more
242	247		of the [following] disabilities described by 20 U.S.C. Section
243	248		1401(3)(A) and that disability prevents the student from being
244	249		adequately or safely educated in public school without the
245	250		provision of special education services[:
246	251		[(A) physical disability;
247	252		[(B) intellectual or developmental disability;
248	253		[(C) emotional disturbance;
249	254		[(D) learning disability;
250	255		[(E) autism;
251	256		[(F) speech disability; or
252	257		[(G) traumatic brain injury].
253	258		SECTION 8. Sections 29.005(a), (d), and (e), Education
254	259		Code, are amended to read as follows:
255	260		(a) Before a child is enrolled in a special education
256	261		program of a school district, the district shall establish a
257	262		committee composed of the persons required under 20 U.S.C. Section
258	263		1414(d) to develop the child's individualized education program.
259	264		If a committee is required to include a general [regular] education
260	265		teacher, the [regular education] teacher included must, to the
261	266		extent practicable, be a teacher who is responsible for
262	267		implementing a portion of the child's individualized education
263	268		program.
264	269		(d) If the primary language of the child's parent is a
265	270		language other than [is unable to speak] English, the district
266	271		shall:
267	272		(1) provide the parent with a written or audiotaped
268	273		copy of the child's individualized education program translated
269	274		into Spanish if Spanish is the parent's primary [native] language;
270	275		or
271	276		(2) if the parent's primary [native] language is a
272	277		language other than Spanish, make a good faith effort to provide the
273	278		parent with a written or audiotaped copy of the child's
274	279		individualized education program translated into the parent's
275	280		primary [native] language.
276	281		(e) The commissioner by rule may require a school district
277	282		to include in the individualized education program of a student
278	283		with autism [or another pervasive developmental disorder] any
279	284		information or requirement determined necessary to ensure the
280	285		student receives a free appropriate public education as required
281	286		under the Individuals with Disabilities Education Act (20 U.S.C.
282	287		Section 1400 et seq.).
283	288		SECTION 9. Section 29.0051, Education Code, is amended by
284	289		adding Subsection (d) to read as follows:
285	290		(d) From federal money appropriated or otherwise available
286	291		for the purpose, the commissioner may develop or procure the model
287	292		form developed under Subsection (a) in a digital format. If the
288	293		commissioner develops or procures the model form in a digital
289	294		format, the commissioner shall adopt rules regarding school
290	295		district use of the form in that format.
291	296		SECTION 10. Subchapter A, Chapter 29, Education Code, is
292	297		amended by adding Section 29.0056 to read as follows:
293	298		Sec. 29.0056. INFORMATION REGARDING STATE SUPPORTED LIVING
294	299		CENTERS. (a) In this section, "state supported living center" has
295	300		the meaning assigned by Section 531.002, Health and Safety Code.
296	301		(b) The Health and Human Services Commission, in
297	302		collaboration with the agency and stakeholders who represent the
298	303		full continuum of educational residential placement options, shall
299	304		develop and provide to the agency materials regarding educational
300	305		residential placement options for children who may qualify for
301	306		placement in a state supported living center. The agency shall make
302	307		the materials developed under this subsection available to school
303	308		districts.
304	309		(c) At a meeting of a child's admission, review, and
305	310		dismissal committee at which residential placement is discussed,
306	311		the school district shall provide to the child's parent the
307	312		materials developed under Subsection (b).
308	313		SECTION 11. Sections 29.006(a) and (c), Education Code, are
309	314		amended to read as follows:
310	315		(a) The governor shall appoint a continuing advisory
311	316		committee consistent with[, composed of 17 members, under] 20
312	317		U.S.C. Section 1412(a)(21). At least one member appointed under
313	318		this subsection must be a director of special education programs
314	319		for a school district.
315	320		(c) Members of the committee are appointed for staggered
316	321		terms of four years with the terms of half of the [eight or nine]
317	322		members or, for an odd number of members, half of the members
318	323		rounded down or half of the members rounded up expiring on February
319	324		1 of each odd-numbered year.
320	325		SECTION 12. Section 29.008, Education Code, is amended to
321	326		read as follows:
322	327		Sec. 29.008. CONTRACTS FOR SERVICES; RESIDENTIAL AND DAY
323	328		PLACEMENT PROGRAMS. (a) The commissioner shall set minimum
324	329		standards for and develop and update as necessary a list of approved
325	330		public or private facilities, institutions, agencies, or
326	331		businesses inside or outside of this state that a [A] school
327	332		district, shared services arrangement unit, or regional education
328	333		service center may contract with [a public or private facility,
329	334		institution, or agency inside or outside of this state] for the
330	335		provision of services to students with disabilities in a
331	336		residential or day placement program.
332	337		(a-1) [Each contract for residential placement must be
333	338		approved by the commissioner.] The commissioner may approve a
334	339		facility, institution, agency, or business under Subsection (a)
335	340		[residential placement contract] only after at least a programmatic
336	341		evaluation of personnel qualifications, costs, adequacy of
337	342		physical plant and equipment, and curriculum content. [The
338	343		commissioner may approve either the whole or a part of a facility or
339	344		program.]
340	345		(a-2) Each contract described by this section must be
341	346		approved by the commissioner. A school district, shared services
342	347		arrangement unit, or regional education service center seeking to
343	348		place a student in a residential or day placement program that is
344	349		not on the list developed under Subsection (a) must submit to the
345	350		commissioner an application for approval in accordance with
346	351		Subsections (a) and (a-1).
347	352		(b) Except as provided by Subsection (c), costs of an
348	353		approved contract for residential placement may be paid from a
349	354		combination of federal, state, and local funds. The local share of
350	355		the total contract cost for each student is that portion of the
351	356		local tax effort that exceeds the district's local fund assignment
352	357		under Section 48.256, divided by the average daily attendance in
353	358		the district. If the contract involves a private facility, the
354	359		state share of the total contract cost is that amount remaining
355	360		after subtracting the local share. If the contract involves a
356	361		public facility, the state share is that amount remaining after
357	362		subtracting the local share from the portion of the contract that
358	363		involves the costs of instructional and related services. For
359	364		purposes of this subsection, "local tax effort" means the total
360	365		amount of money generated by taxes imposed for debt service and
361	366		maintenance and operation less any amounts paid into a tax
362	367		increment fund under Chapter 311, Tax Code. This subsection
363	368		expires September 1, 2027.
364	369		(c) When a student, including one for whom the state is
365	370		managing conservator, is placed primarily for care or treatment
366	371		reasons in a private [residential] facility that operates its own
367	372		private education program, none of the costs may be paid from public
368	373		education funds. If a [residential] placement primarily for care
369	374		or treatment reasons involves a private [residential] facility in
370	375		which the education program is provided by the school district, the
371	376		portion of the costs that includes appropriate education services,
372	377		as determined by the school district's admission, review, and
373	378		dismissal committee, shall be paid from state and federal education
374	379		funds.
375	380		(d) A district that contracts for the provision of education
376	381		services rather than providing the services itself shall oversee
377	382		the implementation of the student's individualized education
378	383		program and shall annually reevaluate the appropriateness of the
379	384		arrangement. The reevaluation must include standards and
380	385		expectations that must be met to reintegrate the student to the
381	386		general education setting. An approved facility, institution, [or]
382	387		agency, or business with whom the district contracts shall
383	388		periodically report to the district and the agency on the services
384	389		the student has received or will receive in accordance with the
385	390		contract as well as diagnostic or other evaluative information that
386	391		the district or agency requires in order to fulfill its obligations
387	392		under this subchapter.
388	393		(e) The commissioner shall adopt rules for residential and
389	394		day placement of students receiving special education services.
390	395		SECTION 13. The heading to Section 29.009, Education Code,
391	396		is amended to read as follows:
392	397		Sec. 29.009. PUBLIC NOTICE CONCERNING EARLY CHILDHOOD
393	398		SPECIAL EDUCATION [PRESCHOOL] PROGRAMS [FOR STUDENTS WITH
394	399		DISABILITIES].
395	400		SECTION 14. Section 29.010, Education Code, is amended to
396	401		read as follows:
397	402		Sec. 29.010. GENERAL SUPERVISION AND COMPLIANCE. (a) The
398	403		agency shall develop [adopt] and implement a comprehensive system
399	404		for monitoring school district compliance with federal and state
400	405		laws relating to special education. The monitoring system must
401	406		include a comprehensive cyclical process and a targeted risk-based
402	407		process [provide for ongoing analysis of district special education
403	408		data and of complaints filed with the agency concerning special
404	409		education services and for inspections of school districts at
405	410		district facilities]. The agency shall establish criteria and
406	411		instruments for use in determining district compliance under this
407	412		section [use the information obtained through analysis of district
408	413		data and from the complaints management system to determine the
409	414		appropriate schedule for and extent of the inspection].
410	415		(a-1) As part of the monitoring system, the agency may
411	416		require a school district to obtain specialized technical
412	417		assistance for a documented noncompliance issue or if data
413	418		indicates that technical assistance is needed, such as an incident
414	419		involving injury to staff or students by a student receiving
415	420		special education services or data indicating an excessive number
416	421		of restraints are used on students receiving special education
417	422		services.
418	423		(b) As part of the monitoring process [To complete the
419	424		inspection], the agency must obtain information from parents and
420	425		teachers of students in special education programs in the district.
421	426		(c) The agency shall develop and implement a system of
422	427		interventions and sanctions for school districts the agency
423	428		identifies as being in noncompliance with [whose most recent
424	429		monitoring visit shows a failure to comply with major requirements
425	430		of] the Individuals with Disabilities Education Act (20 U.S.C.
426	431		Section 1400 et seq.), federal regulations, state statutes, or
427	432		agency requirements necessary to carry out federal law or
428	433		regulations or state law relating to special education.
429	434		(d) The agency shall establish a system of progressive
430	435		sanctions and enforcement provisions to apply to [For] districts
431	436		that remain in noncompliance for more than one year[, the first
432	437		stage of sanctions shall begin with annual or more frequent
433	438		monitoring visits]. The [Subsequent] sanctions must [may] range in
434	439		severity and may include [up to] the withholding of funds. If funds
435	440		are withheld, the agency may use the funds, or direct the funds to
436	441		be used, to provide, through alternative arrangements, services to
437	442		students and staff members in the district from which the funds are
438	443		withheld.
439	444		(e) The agency's complaint management division shall
440	445		develop a system for expedited investigation and resolution of
441	446		complaints concerning a district's failure to provide special
442	447		education or related services to a student eligible to participate
443	448		in the district's special education program.
444	449		[(f) This section does not create an obligation for or
445	450		impose a requirement on a school district or open-enrollment
446	451		charter school that is not also created or imposed under another
447	452		state law or a federal law.]
448	453		SECTION 15. Section 29.012(d), Education Code, is amended
449	454		to read as follows:
450	455		(d) The Texas Education Agency, the Health and Human
451	456		Services Commission, the Department of Family and Protective
452	457		Services, and the Texas Juvenile Justice Department by a
453	458		cooperative effort shall develop and [by rule] adopt a memorandum
454	459		of understanding. The memorandum must:
455	460		(1) establish the respective responsibilities of
456	461		school districts and of residential facilities for the provision of
457	462		a free, appropriate public education, as required by the
458	463		Individuals with Disabilities Education Act (20 U.S.C. Section 1400
459	464		et seq.) and its subsequent amendments, including each requirement
460	465		for children with disabilities who reside in those facilities;
461	466		(2) coordinate regulatory and planning functions of
462	467		the parties to the memorandum;
463	468		(3) establish criteria for determining when a public
464	469		school will provide educational services;
465	470		(4) provide for appropriate educational space when
466	471		education services will be provided at the residential facility;
467	472		(5) establish measures designed to ensure the safety
468	473		of students and teachers; and
469	474		(6) provide for binding arbitration consistent with
470	475		Chapter 2009, Government Code, and Section 154.027, Civil Practice
471	476		and Remedies Code.
472	477		SECTION 16. Section 29.013, Education Code, is amended to
473	478		read as follows:
474	479		Sec. 29.013. NONEDUCATIONAL COMMUNITY-BASED SUPPORT
475	480		SERVICES GRANTS FOR CERTAIN STUDENTS WITH DISABILITIES. (a) The
476	481		commissioner [agency] shall adopt rules establishing [establish]
477	482		procedures and criteria for the allocation of grants [funds
478	483		appropriated] under this section to students who are eligible under
479	484		Subsection (b) and the students' families [school districts] for
480	485		the provision of noneducational community-based support services
481	486		[to certain students with disabilities and their families so that
482	487		those students may receive an appropriate free public education in
483	488		the least restrictive environment].
484	489		(b) A grant [The funds] may be awarded under this section
485	490		[used] only to a student with a disability [for eligible students
486	491		with disabilities] who is [would remain or would have to be] placed
487	492		by the student's admission, review, and dismissal committee in:
488	493		(1) a residential program approved under Section
489	494		29.008; or
490	495		(2) a day placement program and is at risk of being
491	496		placed in a residential program approved under Section 29.008
492	497		[facilities primarily for educational reasons without the
493	498		provision of noneducational community-based support services].
494	499		(c) The support services may not be related to the provision
495	500		of a free appropriate public education to the student and may
496	501		include in-home family support, behavioral and other
497	502		disability-related supports for the student's family, respite
498	503		care, and case management for the student's family [families with a
499	504		student who otherwise would have been placed by a district in a
500	505		private residential facility].
501	506		(d) A school district shall:
502	507		(1) notify the parent of a student described by
503	508		Subsection (b) of the availability of grants under this section;
504	509		and
505	510		(2) designate a campus or district staff member to
506	511		assist families of students described by Subsection (b) in
507	512		accessing grants under this section.
508	513		(e) On request by the parent of a student described by
509	514		Subsection (b), the commissioner shall create an account for the
510	515		student to access a grant under this section through which the
511	516		parent may request payment for approved support services.
512	517		(f) In adopting rules under this section, the commissioner
513	518		shall adopt rules and guidelines detailing the process to access
514	519		grant money and the amount of each grant, including a process for a
515	520		parent to apply for an increase in the grant amount.
516	521		(g) The provision of services under this section does not
517	522		supersede or limit the responsibility of a school district or other
518	523		agencies to provide or pay for costs [of noneducational
519	524		community-based support services] to enable any student with
520	525		disabilities to receive a free appropriate public education in the
521	526		least restrictive environment. [Specifically, services provided
522	527		under this section may not be used for a student with disabilities
523	528		who is currently placed or who needs to be placed in a residential
524	529		facility primarily for noneducational reasons.]
525	530		(h) The commissioner may designate a regional education
526	531		service center to administer grants under this section.
527	532		SECTION 17. Sections 29.014(c) and (d), Education Code, are
528	533		amended to read as follows:
529	534		(c) Notwithstanding any other provision of this code, a
530	535		student whose appropriate education program is a general [regular]
531	536		education program may receive services and be counted for
532	537		attendance purposes for the number of hours per week appropriate
533	538		for the student's condition if the student:
534	539		(1) is temporarily classified as eligible for
535	540		participation in a special education program because of the
536	541		student's confinement in a hospital; and
537	542		(2) the student's education is provided by a district
538	543		to which this section applies.
539	544		(d) The basic allotment for a student enrolled in a district
540	545		to which this section applies is adjusted by the tier of intensity
541	546		of service defined in accordance with [weight for a homebound
542	547		student under] Section 48.102 and designated by commissioner rule
543	548		for use under this section [48.102(a)].
544	549		SECTION 18. Section 29.0162(b), Education Code, is amended
545	550		to read as follows:
546	551		(b) The commissioner by rule shall adopt additional
547	552		qualifications and requirements for a representative for purposes
548	553		of Subsection (a)(2). The rules must:
549	554		(1) prohibit an individual from being a representative
550	555		under Subsection (a)(2) opposing a school district if:
551	556		(A) the individual has prior employment
552	557		experience with the district; and
553	558		(B) the district raises an objection to the
554	559		individual serving as a representative;
555	560		(2) include requirements that the representative have
556	561		knowledge of:
557	562		(A) all special education dispute resolution
558	563		options available to parents, including due process and due process
559	564		rules, hearings, and procedure; and
560	565		(B) federal and state special education laws;
561	566		(3) require, if the representative receives monetary
562	567		compensation from a person for representation in an impartial due
563	568		process hearing, that the representative agree to abide by a
564	569		voluntary code of ethics and professional conduct during the period
565	570		of representation; and
566	571		(4) require, if the representative receives monetary
567	572		compensation from a person for representation in an impartial due
568	573		process hearing, that the representative enter into a written
569	574		agreement for representation with the person who is the subject of
570	575		the special education due process hearing that includes a process
571	576		for resolving any disputes between the representative and the
572	577		person.
573	578		SECTION 19. Section 29.018(b), Education Code, is amended
574	579		to read as follows:
575	580		(b) A school district is eligible to apply for a grant under
576	581		this section if:
577	582		(1) the district does not receive sufficient funds,
578	583		including state funds provided under Sections [Section] 48.102 and
579	584		48.1021 and federal funds, for a student with disabilities to pay
580	585		for the special education services provided to the student; or
581	586		(2) the district does not receive sufficient funds,
582	587		including state funds provided under Sections [Section] 48.102 and
583	588		48.1021 and federal funds, for all students with disabilities in
584	589		the district to pay for the special education services provided to
585	590		the students.
586	591		SECTION 20. The heading to Section 29.020, Education Code,
587	592		is amended to read as follows:
588	593		Sec. 29.020. STATE-ADMINISTERED INDIVIDUALIZED EDUCATION
589	594		PROGRAM FACILITATION [PROJECT].
590	595		SECTION 21. Sections 29.020(a) and (c), Education Code, are
591	596		amended to read as follows:
592	597		(a) The agency shall develop rules in accordance with this
593	598		section applicable to state-administered [the administration of a
594	599		state] individualized education program facilitation [project].
595	600		The program shall include the provision of an independent
596	601		individualized education program facilitator as a dispute
597	602		resolution method that may be used to avoid a potential dispute
598	603		between a school district and a parent of a student with a
599	604		disability or to facilitate an admission, review, and dismissal
600	605		committee meeting with parties who are in a dispute about decisions
601	606		relating to the provision of a free appropriate public education to
602	607		a student with a disability. Facilitation [implemented under the
603	608		project] must comply with rules developed under this subsection.
604	609		(c) If the commissioner determines that adequate funding is
605	610		available, the commissioner may authorize the use of federal funds
606	611		to implement [the] individualized education program facilitation
607	612		[project] in accordance with this section.
608	613		SECTION 22. Sections 29.022(a), (a-1), (b), (c), (c-1),
609	614		(d), (f), (h), (k), (l), (q), (s), and (t), Education Code, are
610	615		amended to read as follows:
611	616		(a) In order to promote student safety, on receipt of a
612	617		written request authorized under Subsection (a-1), a school
613	618		district or open-enrollment charter school shall provide
614	619		equipment, including a video camera, to the school or schools in the
615	620		district or the charter school campus or campuses specified in the
616	621		request. A school or campus that receives equipment as provided by
617	622		this subsection shall place, operate, and maintain one or more
618	623		video cameras in special education [self-contained] classrooms and
619	624		other special education settings [in which a majority of the
620	625		students in regular attendance are provided special education and
621	626		related services and are assigned to one or more self-contained
622	627		classrooms or other special education settings for at least 50
623	628		percent of the instructional day], provided that:
624	629		(1) a school or campus that receives equipment as a
625	630		result of the request by a parent or staff member is required to
626	631		place equipment only in classrooms or settings in which the
627	632		parent's child is in regular attendance or to which the staff member
628	633		is assigned, as applicable; and
629	634		(2) a school or campus that receives equipment as a
630	635		result of the request by a board of trustees, governing body,
631	636		principal, or assistant principal is required to place equipment
632	637		only in classrooms or settings identified by the requestor, if the
633	638		requestor limits the request to specific classrooms or settings
634	639		subject to this subsection.
635	640		(a-1) For purposes of Subsection (a):
636	641		(1) a parent of a child who receives special education
637	642		services in one or more special education [self-contained]
638	643		classrooms or other special education settings may request in
639	644		writing that equipment be provided to the school or campus at which
640	645		the child receives those services;
641	646		(2) a board of trustees or governing body may request
642	647		in writing that equipment be provided to one or more specified
643	648		schools or campuses at which one or more children receive special
644	649		education services in special education [self-contained]
645	650		classrooms or other special education settings;
646	651		(3) the principal or assistant principal of a school
647	652		or campus at which one or more children receive special education
648	653		services in special education [self-contained] classrooms or other
649	654		special education settings may request in writing that equipment be
650	655		provided to the principal's or assistant principal's school or
651	656		campus; and
652	657		(4) a staff member assigned to work with one or more
653	658		children receiving special education services in special education
654	659		[self-contained] classrooms or other special education settings
655	660		may request in writing that equipment be provided to the school or
656	661		campus at which the staff member works.
657	662		(b) A school or campus that places a video camera in a
658	663		special education classroom or other special education setting in
659	664		accordance with Subsection (a) shall operate and maintain the video
660	665		camera in the classroom or setting, as long as the classroom or
661	666		setting continues to satisfy the requirements under Subsection (a),
662	667		for the remainder of the school year in which the school or campus
663	668		received the request, unless the requestor withdraws the request in
664	669		writing. If for any reason a school or campus will discontinue
665	670		operation of a video camera during a school year, not later than the
666	671		fifth school day before the date the operation of the video camera
667	672		will be discontinued, the school or campus must notify the parents
668	673		of each student in regular attendance in the classroom or setting
669	674		that operation of the video camera will not continue unless
670	675		requested by a person eligible to make a request under Subsection
671	676		(a-1). Not later than the 10th school day before the end of each
672	677		school year, the school or campus must notify the parents of each
673	678		student in regular attendance in the classroom or setting that
674	679		operation of the video camera will not continue during the
675	680		following school year unless a person eligible to make a request for
676	681		the next school year under Subsection (a-1) submits a new request.
677	682		(c) Except as provided by Subsection (c-1), video cameras
678	683		placed under this section must be capable of:
679	684		(1) covering all areas of the special education
680	685		classroom or other special education setting, including a room
681	686		attached to the classroom or setting used for time-out; and
682	687		(2) recording audio from all areas of the special
683	688		education classroom or other special education setting, including a
684	689		room attached to the classroom or setting used for time-out.
685	690		(c-1) The inside of a bathroom or any area in the special
686	691		education classroom or other special education setting in which a
687	692		student's clothes are changed may not be visually monitored, except
688	693		for incidental coverage of a minor portion of a bathroom or changing
689	694		area because of the layout of the classroom or setting.
690	695		(d) Before a school or campus activates a video camera in a
691	696		special education classroom or other special education setting
692	697		under this section, the school or campus shall provide written
693	698		notice of the placement to all school or campus staff and to the
694	699		parents of each student attending class or engaging in school
695	700		activities in the classroom or setting.
696	701		(f) A school district or open-enrollment charter school may
697	702		solicit and accept gifts, grants, and donations from any person for
698	703		use in placing video cameras in special education classrooms or
699	704		other special education settings under this section.
700	705		(h) A school district or open-enrollment charter school may
701	706		not:
702	707		(1) allow regular or continual monitoring of video
703	708		recorded under this section; or
704	709		(2) use video recorded under this section for teacher
705	710		evaluation or for any other purpose other than the promotion of
706	711		safety of students receiving special education services in a
707	712		special education [self-contained] classroom or other special
708	713		education setting.
709	714		(k) The commissioner may adopt rules to implement and
710	715		administer this section, including rules regarding the special
711	716		education classrooms and other special education settings to which
712	717		this section applies.
713	718		(l) A school district or open-enrollment charter school
714	719		policy relating to the placement, operation, or maintenance of
715	720		video cameras under this section must:
716	721		(1) include information on how a person may appeal an
717	722		action by the district or school that the person believes to be in
718	723		violation of this section or a policy adopted in accordance with
719	724		this section, including the appeals process under Section 7.057;
720	725		(2) require that the district or school provide a
721	726		response to a request made under this section not later than the
722	727		seventh school business day after receipt of the request by the
723	728		person to whom it must be submitted under Subsection (a-3) that
724	729		authorizes the request or states the reason for denying the
725	730		request;
726	731		(3) except as provided by Subdivision (5), require
727	732		that a school or a campus begin operation of a video camera in
728	733		compliance with this section not later than the 45th school
729	734		business day, or the first school day after the 45th school business
730	735		day if that day is not a school day, after the request is authorized
731	736		unless the agency grants an extension of time;
732	737		(4) permit the parent of a student whose admission,
733	738		review, and dismissal committee has determined that the student's
734	739		placement for the following school year will be in a special
735	740		education classroom or other special education setting in which a
736	741		video camera may be placed under this section to make a request for
737	742		the video camera by the later of:
738	743		(A) the date on which the current school year
739	744		ends; or
740	745		(B) the 10th school business day after the date
741	746		of the placement determination by the admission, review, and
742	747		dismissal committee; and
743	748		(5) if a request is made by a parent in compliance with
744	749		Subdivision (4), unless the agency grants an extension of time,
745	750		require that a school or campus begin operation of a video camera in
746	751		compliance with this section not later than the later of:
747	752		(A) the 10th school day of the fall semester; or
748	753		(B) the 45th school business day, or the first
749	754		school day after the 45th school business day if that day is not a
750	755		school day, after the date the request is made.
751	756		(q) The agency shall collect through the Public Education
752	757		Information Management System (PEIMS) data relating to requests
753	758		made under this section and actions taken by a school district or
754	759		open-enrollment charter school in response to a request, including
755	760		the number of requests made, authorized, and denied.
756	761		(s) This section applies to the placement, operation, and
757	762		maintenance of a video camera in a special education
758	763		[self-contained] classroom or other special education setting
759	764		during the regular school year and extended school year services.
760	765		(t) A video camera placed under this section is not required
761	766		to be in operation for the time during which students are not
762	767		present in the special education classroom or other special
763	768		education setting.
764	769		SECTION 23. Sections 29.022(u)(3) and (4), Education Code,
765	770		are amended to read as follows:
766	771		(3) "Special education classroom or other special
767	772		education setting" means a classroom or setting primarily used for
768	773		delivering special education services to students who spend on
769	774		average less than 50 percent of an instructional day in a general
770	775		education classroom or setting ["Self-contained classroom" does
771	776		not include a classroom that is a resource room instructional
772	777		arrangement under Section 48.102].
773	778		(4) "Staff member" means a teacher, related service
774	779		provider, paraprofessional, counselor, or educational aide
775	780		assigned to work in a special education [self-contained] classroom
776	781		or other special education setting.
777	782		SECTION 24. Subchapter A, Chapter 29, Education Code, is
778	783		amended by adding Sections 29.023, 29.024, 29.025, and 29.026 to
779	784		read as follows:
780	785		Sec. 29.023. GRANT PROGRAM PROVIDING SERVICES TO STUDENTS
781	786		WITH AUTISM. (a) From money appropriated or otherwise available
782	787		for the purpose, the commissioner shall establish a program to
783	788		award grants to school districts and open-enrollment charter
784	789		schools that provide innovative services to students with autism.
785	790		(b) A school district, including a school district acting
786	791		through a district charter issued under Subchapter C, Chapter 12,
787	792		and an open-enrollment charter school, including a charter school
788	793		that primarily serves students with disabilities, as provided under
789	794		Section 12.1014, may apply for a grant under this section.
790	795		(c) A program is eligible for a grant under this section if
791	796		the program:
792	797		(1) incorporates:
793	798		(A) evidence-based and research-based design;
794	799		(B) the use of empirical data on student
795	800		achievement and improvement;
796	801		(C) parental support and collaboration;
797	802		(D) the use of technology;
798	803		(E) meaningful inclusion; and
799	804		(F) the ability to replicate the program for
800	805		students statewide; and
801	806		(2) gives priority for enrollment to students with
802	807		autism.
803	808		(d) A school district or open-enrollment charter school may
804	809		not:
805	810		(1) charge a fee for the program, other than those
806	811		authorized by law for students in public schools;
807	812		(2) require a parent to enroll a child in the program;
808	813		(3) allow an admission, review, and dismissal
809	814		committee to place a student in the program without the written
810	815		consent of the student's parent or guardian; or
811	816		(4) continue the placement of a student in the program
812	817		after the student's parent or guardian revokes consent, in writing,
813	818		to the student's placement in the program.
814	819		(e) A program under this section may:
815	820		(1) alter the length of the school day or school year
816	821		or the number of minutes of instruction received by students;
817	822		(2) coordinate services with private or
818	823		community-based providers;
819	824		(3) allow the enrollment of students without
820	825		disabilities or with other disabilities, if approved by the
821	826		commissioner; and
822	827		(4) adopt staff qualifications and staff-to-student
823	828		ratios that differ from the applicable requirements of this title.
824	829		(f) The commissioner shall create an external panel of
825	830		stakeholders, including parents of students with disabilities, to
826	831		provide assistance in the selection of applications for the award
827	832		of grants under this section.
828	833		(g) In selecting programs to receive a grant under this
829	834		section, the commissioner shall prioritize programs that are
830	835		collaborations between multiple school districts, multiple charter
831	836		schools, or school districts and charter schools. The selected
832	837		programs must reflect the diversity of this state.
833	838		(h) A program selected to receive a grant under this section
834	839		is to be funded for two years.
835	840		(i) A grant awarded to a school district or open-enrollment
836	841		charter school under this section is in addition to the Foundation
837	842		School Program money that the district or charter school is
838	843		otherwise entitled to receive. A grant awarded under this section
839	844		may not come out of Foundation School Program money.
840	845		(j) The commissioner and any program selected under this
841	846		section may accept gifts, grants, and donations from any public or
842	847		private source, person, or group to implement and administer the
843	848		program. The commissioner and any program selected under this
844	849		section may not require any financial contribution from parents to
845	850		implement and administer the program.
846	851		(k) A regional education service center may administer
847	852		grants awarded under this section.
848	853		Sec. 29.024. GRANT PROGRAM PROVIDING TRAINING IN DYSLEXIA
849	854		FOR TEACHERS AND STAFF. (a) From money appropriated or otherwise
850	855		available for the purpose, the commissioner shall establish a
851	856		program to award grants each school year to school districts and
852	857		open-enrollment charter schools to increase local capacity to
853	858		appropriately serve students with dyslexia.
854	859		(a-1) Notwithstanding Subsection (a), for grants awarded
855	860		for the 2025-2026 and 2026-2027 school years, the commissioner
856	861		shall require applicants to apply for grants during a single
857	862		application cycle in the 2025-2026 school year with the intent of
858	863		significantly expanding the availability of personnel trained to
859	864		provide dyslexia services and supports to students with dyslexia.
860	865		This subsection expires September 1, 2027.
861	866		(b) A school district, including a school district acting
862	867		through a district charter issued under Subchapter C, Chapter 12,
863	868		or an open-enrollment charter school, including a charter school
864	869		that primarily serves students with disabilities, as provided under
865	870		Section 12.1014, is eligible to apply for a grant under this section
866	871		if the district or school submits to the commissioner a proposal on
867	872		the use of grant funds that:
868	873		(1) incorporates evidence-based and research-based
869	874		design; and
870	875		(2) increases local capacity to appropriately serve
871	876		students with dyslexia by providing:
872	877		(A) high-quality training to classroom teachers
873	878		and administrators in meeting the needs of students with dyslexia;
874	879		or
875	880		(B) training to intervention staff resulting in
876	881		appropriate credentialing related to dyslexia, with priority for
877	882		training staff to earn the credentials necessary to become a
878	883		licensed dyslexia therapist or certified academic language
879	884		therapist.
880	885		(c) The commissioner shall create an external panel of
881	886		stakeholders, including parents of students with disabilities, to
882	887		provide assistance in the selection of applications for the award
883	888		of grants under this section.
884	889		(d) A grant awarded to a school district or open-enrollment
885	890		charter school under this section is in addition to the Foundation
886	891		School Program money that the district or charter school is
887	892		otherwise entitled to receive. A grant awarded under this section
888	893		may not come out of Foundation School Program money.
889	894		(e) The commissioner and any grant recipient selected under
890	895		this section may accept gifts, grants, and donations from any
891	896		public or private source, person, or group to implement and
892	897		administer the grant. The commissioner and any grant recipient
893	898		selected under this section may not require any financial
894	899		contribution from parents to implement and administer the grant.
895	900		(f) A regional education service center may administer
896	901		grants awarded under this section.
897	902		Sec. 29.025. SUPPORTS FOR RECRUITING AND RETAINING SPECIAL
898	903		EDUCATION STAFF. (a) From money appropriated or otherwise
899	904		available for the purpose, the agency shall provide grants each
900	905		school year to school districts and open-enrollment charter schools
901	906		to increase the number of qualified and appropriately credentialed
902	907		special education staff, including special education teachers,
903	908		special education paraprofessionals, evaluation personnel,
904	909		ancillary instruction personnel, certified interpreters,
905	910		board-certified behavior analysts, registered behavior
906	911		technicians, and related service personnel.
907	912		(a-1) Notwithstanding Subsection (a), for grants awarded
908	913		for the 2025-2026 and 2026-2027 school years, the commissioner
909	914		shall require applicants to apply for grants during a single
910	915		application cycle in the 2025-2026 school year with the intent of
911	916		significantly expanding the availability of special education
912	917		personnel. This subsection expires September 1, 2027.
913	918		(b) A school district or open-enrollment charter school
914	919		that receives a grant under this section shall require each person
915	920		the district or school uses the grant money to assist in becoming
916	921		licensed, certified, or otherwise credentialed as described by
917	922		Subsection (a) to work at the district or school for a period
918	923		established by commissioner rule.
919	924		(c) A regional education service center may administer
920	925		grants awarded under this section.
921	926		(d) The commissioner shall adopt rules establishing the
922	927		period of required employment described by Subsection (b) and any
923	928		other rules necessary to implement this section.
924	929		(e) In addition to the grants described by Subsection (a),
925	930		for the 2025-2026 school year, the commissioner shall provide
926	931		funding to school districts and open-enrollment charter schools to
927	932		support efforts to recruit and retain educational diagnosticians
928	933		and school psychologists. The commissioner by rule shall adopt a
929	934		formula for providing funding to a district or school under this
930	935		subsection. The total amount of funding provided under this
931	936		subsection may not exceed $125 million. This subsection expires
932	937		September 1, 2026.
933	938		Sec. 29.026. RULES. The commissioner may adopt rules as
934	939		necessary to implement this subchapter.
935	940		SECTION 25. The heading to Subchapter A-1, Chapter 29,
936	941		Education Code, is amended to read as follows:
937	942		SUBCHAPTER A-1. PARENT-DIRECTED [SUPPLEMENTAL SPECIAL EDUCATION]
938	943		SERVICES FOR STUDENTS RECEIVING SPECIAL EDUCATION SERVICES
939	944		[PROGRAM]
940	945		SECTION 26. Sections 29.041(2) and (3), Education Code, are
941	946		amended to read as follows:
942	947		(2) "Supplemental [special education] instructional
943	948		materials" includes textbooks, computer hardware or software,
944	949		other technological devices, and other materials suitable for
945	950		addressing an educational need of a student receiving special
946	951		education services under Subchapter A.
947	952		(3) "Supplemental [special education] services" means
948	953		an additive service that provides an educational benefit to a
949	954		student receiving special education services under Subchapter A,
950	955		including:
951	956		(A) occupational therapy, physical therapy, and
952	957		speech therapy; and
953	958		(B) private tutoring and other supplemental
954	959		private instruction or programs.
955	960		SECTION 27. Section 29.042, Education Code, is amended by
956	961		amending Subsections (a) and (c) and adding Subsection (e) to read
957	962		as follows:
958	963		(a) The agency by rule shall establish and administer a
959	964		parent-directed [supplemental special education services and
960	965		instructional materials] program for students receiving special
961	966		education services through which a parent may direct supplemental
962	967		services and supplemental instructional materials for the parent's
963	968		student [students] who meets [meet] the eligibility requirements
964	969		for participation in the program. Subject to Subsection (c), the
965	970		agency shall provide each student approved as provided by this
966	971		subchapter a grant in the amount provided under Section 48.306 [of
967	972		not more than $1,500] to purchase supplemental [special education]
968	973		services and supplemental [special education] instructional
969	974		materials.
970	975		(c) A student may receive one grant under this subchapter
971	976		unless the legislature appropriates money for an additional grant
972	977		in the General Appropriations Act [The commissioner shall set aside
973	978		an amount set by appropriation for each state fiscal year to fund
974	979		the program under this section. For each state fiscal year, the
975	980		total amount provided for student grants under Subsection (a) may
976	981		not exceed the amount set aside by the commissioner under this
977	982		subsection].
978	983		(e) The agency shall maintain an online user-friendly
979	984		application system for parents to apply for a grant described by
980	985		Subsection (a).
981	986		SECTION 28. Section 29.045, Education Code, is amended to
982	987		read as follows:
983	988		Sec. 29.045. APPROVAL OF APPLICATION; ASSIGNMENT OF
984	989		ACCOUNT. The [Subject to available funding the] agency shall
985	990		approve each student who meets the program eligibility criteria
986	991		established under Section 29.044 and assign to the student an
987	992		account maintained under Section 29.042(b). The account may only
988	993		be used by the student's parent to purchase supplemental [special
989	994		education] services or supplemental [special education]
990	995		instructional materials for the student, subject to Sections 29.046
991	996		and 29.047.
992	997		SECTION 29. Sections 29.046(a) and (b), Education Code, are
993	998		amended to read as follows:
994	999		(a) Money in an account assigned to a student under Section
995	1000		29.045 may be used only for supplemental [special education]
996	1001		services and supplemental [special education] instructional
997	1002		materials.
998	1003		(b) Supplemental [special education] services must be
999	1004		provided by an agency-approved provider.
1000	1005		SECTION 30. Sections 29.047(a), (c), (d), and (e),
1001	1006		Education Code, are amended to read as follows:
1002	1007		(a) The agency shall establish criteria necessary for
1003	1008		agency approval for each category of provider of a professional
1004	1009		service that is a supplemental [special education] service, as
1005	1010		identified by the agency.
1006	1011		(c) The agency shall provide a procedure for providers of
1007	1012		supplemental [special education] services to apply to the agency to
1008	1013		become an agency-approved provider.
1009	1014		(d) The agency may establish criteria for agency approval of
1010	1015		vendors for each category of supplemental [special education]
1011	1016		instructional materials identified by the agency.
1012	1017		(e) If the agency establishes criteria for agency approval
1013	1018		for a vendor of a category of supplemental [special education]
1014	1019		instructional materials, the agency shall provide a procedure for
1015	1020		vendors of that category to apply to the agency to become an
1016	1021		agency-approved vendor.
1017	1022		SECTION 31. Subchapter A-1, Chapter 29, Education Code, is
1018	1023		amended by adding Section 29.0475 to read as follows:
1019	1024		Sec. 29.0475. PROGRAM PARTICIPANT, PROVIDER, AND VENDOR
1020	1025		AUTONOMY. (a) A provider of supplemental services or vendor of
1021	1026		supplemental instructional materials that receives money
1022	1027		distributed under the program is not a recipient of federal
1023	1028		financial assistance on the basis of receiving that money.
1024	1029		(b) A rule adopted or action taken related to the program by
1025	1030		an individual, governmental entity, court of law, or program
1026	1031		administrator may not:
1027	1032		(1) consider the actions of a provider of supplemental
1028	1033		services, vendor of supplemental instructional materials, or
1029	1034		program participant to be the actions of an agent of state
1030	1035		government;
1031	1036		(2) limit:
1032	1037		(A) a provider of supplemental services' ability
1033	1038		to determine the methods used to educate the provider's students or
1034	1039		to exercise the provider's religious or institutional values; or
1035	1040		(B) a program participant's ability to determine
1036	1041		the participant's educational content or to exercise the
1037	1042		participant's religious values;
1038	1043		(3) obligate a provider of supplemental services or
1039	1044		program participant to act contrary to the provider's or
1040	1045		participant's religious or institutional values, as applicable;
1041	1046		(4) impose any regulation on a provider of
1042	1047		supplemental services, vendor of supplemental instructional
1043	1048		materials, or program participant beyond those regulations
1044	1049		necessary to enforce the requirements of the program; or
1045	1050		(5) require as a condition of receiving money
1046	1051		distributed under the program:
1047	1052		(A) a provider of supplemental services to modify
1048	1053		the provider's creed, practices, admissions policies, curriculum,
1049	1054		performance standards, employment policies, or assessments; or
1050	1055		(B) a program participant to modify the
1051	1056		participant's creed, practices, curriculum, performance standards,
1052	1057		or assessments.
1053	1058		(c) In a proceeding challenging a rule adopted by a state
1054	1059		agency or officer under this subchapter, the agency or officer has
1055	1060		the burden of proof to establish by clear and convincing evidence
1056	1061		that the rule:
1057	1062		(1) is necessary to implement or enforce the program
1058	1063		as provided by this subchapter;
1059	1064		(2) does not violate this section;
1060	1065		(3) does not impose an undue burden on a program
1061	1066		participant or a provider of supplemental services or vendor of
1062	1067		supplemental instructional materials that participates or applies
1063	1068		to participate in the program; and
1064	1069		(4) is the least restrictive means of accomplishing
1065	1070		the purpose of the program while recognizing the independence of a
1066	1071		provider of supplemental services to meet the educational needs of
1067	1072		students in accordance with the provider's religious or
1068	1073		institutional values.
1069	1074		SECTION 32. Section 29.048, Education Code, is amended to
1070	1075		read as follows:
1071	1076		Sec. 29.048. ADMISSION, REVIEW, AND DISMISSAL COMMITTEE
1072	1077		DUTIES. (a) A student's admission, review, and dismissal
1073	1078		committee shall develop a student's individualized education
1074	1079		program under Section 29.005, in compliance with the Individuals
1075	1080		with Disabilities Education Act (20 U.S.C. Section 1400 et seq.),
1076	1081		without consideration of any supplemental [special education]
1077	1082		services or supplemental instructional materials that may be
1078	1083		provided under the program under this subchapter.
1079	1084		(b) Unless the district first verifies that an account has
1080	1085		been assigned to the student under Section 29.045, the [The]
1081	1086		admission, review, and dismissal committee of a student approved
1082	1087		for participation in the program shall provide to the student's
1083	1088		parent at an admission, review, and dismissal committee meeting for
1084	1089		the student:
1085	1090		(1) information regarding the types of supplemental
1086	1091		[special education] services or supplemental instructional
1087	1092		materials available under the program and provided by
1088	1093		agency-approved providers for which an account maintained under
1089	1094		Section 29.042(b) for the student may be used; and
1090	1095		(2) instructions regarding accessing an account
1091	1096		described by Subdivision (1).
1092	1097		SECTION 33. Subchapter A-1, Chapter 29, Education Code, is
1093	1098		amended by adding Section 29.0485 to read as follows:
1094	1099		Sec. 29.0485. DETERMINATION OF COMMISSIONER FINAL.
1095	1100		Notwithstanding Section 7.057, a determination of the commissioner
1096	1101		under this subchapter is final and may not be appealed.
1097	1102		SECTION 34. Section 29.049, Education Code, is amended to
1098	1103		read as follows:
1099	1104		Sec. 29.049. RULES. The commissioner shall adopt rules as
1100	1105		necessary to administer the supplemental [special education]
1101	1106		services and supplemental instructional materials program under
1102	1107		this subchapter.
1103	1108		SECTION 35. Section 29.301(1), Education Code, is amended
1104	1109		to read as follows:
1105	1110		(1) "Admission, review, and dismissal committee"
1106	1111		means the committee required by [State Board of Education rules to
1107	1112		develop the individualized education program required by] the
1108	1113		Individuals with Disabilities Education Act (20 U.S.C. Section 1400
1109	1114		et seq.) for any student needing special education.
1110	1115		SECTION 36. Sections 29.304(a) and (c), Education Code, are
1111	1116		amended to read as follows:
1112	1117		(a) A student who is deaf or hard of hearing must have an
1113	1118		education in which teachers, psychologists, speech language
1114	1119		pathologists [therapists], progress assessors, administrators, and
1115	1120		others involved in education understand the unique nature of
1116	1121		deafness and the hard-of-hearing condition. A teacher of students
1117	1122		who are deaf or hard of hearing either must be proficient in
1118	1123		appropriate language modes or use an interpreter certified in
1119	1124		appropriate language modes if certification is available.
1120	1125		(c) General [Regular] and special education personnel who
1121	1126		work with students who are deaf or hard of hearing must be
1122	1127		adequately prepared to provide educational instruction and
1123	1128		services to those students.
1124	1129		SECTION 37. Section 29.310, Education Code, is amended by
1125	1130		amending Subsection (c) and adding Subsection (d) to read as
1126	1131		follows:
1127	1132		(c) The procedures and materials for the assessment and
1128	1133		placement of a student who is deaf or hard of hearing shall be in the
1129	1134		student's preferred mode of communication. All other procedures
1130	1135		and materials used with any student who is deaf or hard of hearing
1131	1136		and who is an emergent bilingual student as defined by Section
1132	1137		29.052 [has limited English proficiency] shall be in the student's
1133	1138		preferred mode of communication.
1134	1139		(d) In recognizing the need for development of language and
1135	1140		communication abilities in students who are deaf or hard of hearing
1136	1141		but also calling for the use of methods of communication that will
1137	1142		meet the needs of each individual student, each student who is deaf
1138	1143		or hard of hearing must be thoroughly assessed to ascertain the
1139	1144		student's potential for communicating through a variety of means.
1140	1145		SECTION 38. Section 29.313, Education Code, is amended to
1141	1146		read as follows:
1142	1147		Sec. 29.313. EVALUATION OF DEAF AND HARD OF HEARING
1143	1148		SERVICES [PROGRAMS]. (a) Each school district must provide
1144	1149		continuous evaluation of the effectiveness of the district's
1145	1150		services [programs of the district] for students who are deaf or
1146	1151		hard of hearing. The [If practicable,] evaluations shall follow
1147	1152		program excellence indicators established by the agency.
1148	1153		(b) Each school district shall submit the evaluations under
1149	1154		this section to the agency on a schedule set by the agency.
1150	1155		SECTION 39. Section 29.314, Education Code, is amended to
1151	1156		read as follows:
1152	1157		Sec. 29.314. TRANSITION INTO GENERAL EDUCATION [REGULAR]
1153	1158		CLASS. In addition to satisfying requirements of the admission,
1154	1159		review, and dismissal committee and to satisfying requirements
1155	1160		under state and federal law for vocational training, each school
1156	1161		district shall develop and implement a transition plan for the
1157	1162		transition of a student who is deaf or hard of hearing into a
1158	1163		general education [regular] class [program] if the student is to be
1159	1164		transferred from a special class or center or nonpublic,
1160	1165		nonsectarian school into a general education [regular] class in a
1161	1166		public school for any part of the school day. The transition plan
1162	1167		must provide for activities:
1163	1168		(1) to integrate the student into the general
1164	1169		[regular] education program and specify the nature of each activity
1165	1170		and the time spent on the activity each day; and
1166	1171		(2) to support the transition of the student from the
1167	1172		special education program into the general [regular] education
1168	1173		program.
1169	1174		SECTION 40. Section 29.315, Education Code, is amended to
1170	1175		read as follows:
1171	1176		Sec. 29.315. TEXAS SCHOOL FOR THE DEAF MEMORANDUM OF
1172	1177		UNDERSTANDING. The Texas Education Agency and the Texas School for
1173	1178		the Deaf shall develop[, agree to, and by commissioner rule adopt no
1174	1179		later than September 1, 1998,] a memorandum of understanding to
1175	1180		establish:
1176	1181		(1) the method for developing and reevaluating a set
1177	1182		of indicators of the quality of learning at the Texas School for the
1178	1183		Deaf;
1179	1184		(2) the process for the agency to conduct and report on
1180	1185		an annual evaluation of the school's performance on the indicators;
1181	1186		(3) the requirements for the school's board to
1182	1187		publish, discuss, and disseminate an annual report describing the
1183	1188		educational performance of the school; and
1184	1189		(4) [the process for the agency to assign an
1185	1190		accreditation status to the school, to reevaluate the status on an
1186	1191		annual basis, and, if necessary, to conduct monitoring reviews; and
1187	1192		[(5)] the type of information the school shall be
1188	1193		required to provide through the Public Education Information
1189	1194		Management System (PEIMS).
1190	1195		SECTION 41. Section 29.316, Education Code, is amended to
1191	1196		read as follows:
1192	1197		Sec. 29.316. LANGUAGE ACQUISITION. (a) In this section,
1193	1198		"language[:
1194	1199		[(1) "Center" means the Educational Resource Center on
1195	1200		Deafness at the Texas School for the Deaf.
1196	1201		[(2) "Division" means the Division for Early Childhood
1197	1202		Intervention Services of the Health and Human Services Commission.
1198	1203		[(3) "Language] acquisition" includes expressive and
1199	1204		receptive language acquisition and literacy development in
1200	1205		English, American Sign Language, or both, or, if applicable, in
1201	1206		another language primarily used by a child's parent or guardian,
1202	1207		and is separate from any modality used to communicate in the
1203	1208		applicable language or languages.
1204	1209		(b) Each school district [The commissioner and the
1205	1210		executive commissioner of the Health and Human Services Commission
1206	1211		jointly] shall ensure that the language acquisition of each child
1207	1212		eight years of age or younger who is deaf or hard of hearing is
1208	1213		regularly assessed using a tool or assessment approved by the
1209	1214		commissioner [determined to be valid and reliable as provided by
1210	1215		Subsection (d)].
1211	1216		(c) On a schedule determined by the commissioner, each
1212	1217		school district shall report to the commissioner through the Public
1213	1218		Education Information Management System (PEIMS) or another method
1214	1219		set by commissioner rule the assessment data collected under
1215	1220		Subsection (b) [Not later than August 31 of each year, the agency,
1216	1221		the division, and the center jointly shall prepare and post on the
1217	1222		agency's, the division's, and the center's respective Internet
1218	1223		websites a report on the language acquisition of children eight
1219	1224		years of age or younger who are deaf or hard of hearing. The report
1220	1225		must:
1221	1226		[(1) include:
1222	1227		[(A) existing data reported in compliance with
1223	1228		federal law regarding children with disabilities; and
1224	1229		[(B) information relating to the language
1225	1230		acquisition of children who are deaf or hard of hearing and also
1226	1231		have other disabilities;
1227	1232		[(2) state for each child:
1228	1233		[(A) the instructional arrangement used with the
1229	1234		child, as described by Section 48.102, including the time the child
1230	1235		spends in a mainstream instructional arrangement;
1231	1236		[(B) the specific language acquisition services
1232	1237		provided to the child, including:
1233	1238		[(i) the time spent providing those
1234	1239		services; and
1235	1240		[(ii) a description of any hearing
1236	1241		amplification used in the delivery of those services, including:
1237	1242		[(a) the type of hearing
1238	1243		amplification used;
1239	1244		[(b) the period of time in which the
1240	1245		child has had access to the hearing amplification; and
1241	1246		[(c) the average amount of time the
1242	1247		child uses the hearing amplification each day;
1243	1248		[(C) the tools or assessments used to assess the
1244	1249		child's language acquisition and the results obtained;
1245	1250		[(D) the preferred unique communication mode
1246	1251		used by the child at home; and
1247	1252		[(E) the child's age, race, and gender, the age
1248	1253		at which the child was identified as being deaf or hard of hearing,
1249	1254		and any other relevant demographic information the commissioner
1250	1255		determines to likely be correlated with or have an impact on the
1251	1256		child's language acquisition;
1252	1257		[(3) compare progress in English literacy made by
1253	1258		children who are deaf or hard of hearing to progress in that subject
1254	1259		made by children of the same age who are not deaf or hard of hearing,
1255	1260		by appropriate age range; and
1256	1261		[(4) be redacted as necessary to comply with state and
1257	1262		federal law regarding the confidentiality of student medical or
1258	1263		educational information].
1259	1264		(d) The commissioner[, the executive commissioner of the
1260	1265		Health and Human Services Commission, and the center] shall adopt
1261	1266		rules establishing the assessment data required to be reported
1262	1267		under Subsection (c) [enter into a memorandum of understanding
1263	1268		regarding:
1264	1269		[(1) the identification of experts in deaf education;
1265	1270		and
1266	1271		[(2) the determination, in consultation with those
1267	1272		experts, of the tools and assessments that are valid and reliable,
1268	1273		in both content and administration, for use in assessing the
1269	1274		language acquisition of children eight years of age or younger who
1270	1275		are deaf or hard of hearing].
1271	1276		(e) The commissioner shall annually post on the agency's
1272	1277		Internet website a report on the language acquisition of children
1273	1278		eight years of age or younger who are deaf or hard of hearing using
1274	1279		the assessment data reported under Subsection (c) [agency shall use
1275	1280		existing collected data and data collected and transferred from the
1276	1281		Department of State Health Services and the Health and Human
1277	1282		Services Commission, as agreed upon in the memorandum of
1278	1283		understanding, for the report under this section].
1279	1284		(f) The commissioner shall use the assessment data reported
1280	1285		under Subsection (c) in determining whether to award a grant under
1281	1286		Section 29.018 or in seeking federal money available for projects
1282	1287		aimed at improving outcomes for students with disabilities [and the
1283	1288		executive commissioner of the Health and Human Services Commission
1284	1289		jointly shall adopt rules as necessary to implement this section,
1285	1290		including rules for:
1286	1291		[(1) assigning each child eight years of age or
1287	1292		younger who is deaf or hard of hearing a unique identification
1288	1293		number for purposes of the report required under Subsection (c) and
1289	1294		to enable the tracking of the child's language acquisition, and
1290	1295		factors affecting the child's language acquisition, over time; and
1291	1296		[(2) implementing this section in a manner that
1292	1297		complies with federal law regarding confidentiality of student
1293	1298		medical or educational information, including the Health Insurance
1294	1299		Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d
1295	1300		et seq.) and the Family Educational Rights and Privacy Act of 1974
1296	1301		(20 U.S.C. Section 1232g), and any state law relating to the privacy
1297	1302		of student information].
1298	1303		SECTION 42. The heading to Section 30.002, Education Code,
1299	1304		is amended to read as follows:
1300	1305		Sec. 30.002. STATE PLAN [EDUCATION] FOR CHILDREN WITH
1301	1306		VISUAL IMPAIRMENTS, WHO ARE DEAF OR HARD OF HEARING, OR WHO ARE
1302	1307		DEAF-BLIND.
1303	1308		SECTION 43. Sections 30.002(a), (b), (c), and (e),
1304	1309		Education Code, are amended to read as follows:
1305	1310		(a) The agency shall develop and administer a comprehensive
1306	1311		statewide plan for the education of children [with visual
1307	1312		impairments] who are under 22 [21] years of age and who have visual
1308	1313		impairments, are deaf or hard of hearing, or are deaf-blind that
1309	1314		will ensure that the children have an opportunity for achievement
1310	1315		equal to the opportunities afforded their peers who do not have
1311	1316		visual impairments, are not deaf or hard of hearing, or are not
1312	1317		deaf-blind [with normal vision].
1313	1318		(b) The agency shall:
1314	1319		(1) develop standards and guidelines for all special
1315	1320		education and related services for children who have visual
1316	1321		impairments, are deaf or hard of hearing, or are deaf-blind [with
1317	1322		visual impairments] that it is authorized to provide or support
1318	1323		under this code and federal law;
1319	1324		(2) supervise regional education service centers and
1320	1325		other entities in assisting school districts in serving children
1321	1326		who have visual impairments, are deaf or hard of hearing, or are
1322	1327		deaf-blind [with visual impairments] more effectively; and
1323	1328		(3) [develop and administer special education
1324	1329		services for students with both serious visual and auditory
1325	1330		impairments;
1326	1331		[(4) evaluate special education services provided for
1327	1332		children with visual impairments by school districts and approve or
1328	1333		disapprove state funding of those services; and
1329	1334		[(5)] maintain an effective liaison between special
1330	1335		education programs provided for children who have visual
1331	1336		impairments, are deaf or hard of hearing, or are deaf-blind [with
1332	1337		visual impairments] by school districts and related initiatives of
1333	1338		the Health and Human Services Commission, [the Department of State
1334	1339		Health Services Mental Health and Substance Abuse Division,] the
1335	1340		Texas Workforce Commission, and other related programs, agencies,
1336	1341		or facilities as appropriate.
1337	1342		(c) The comprehensive statewide plan for the education of
1338	1343		children who have visual impairments, are deaf or hard of hearing,
1339	1344		or are deaf-blind [with visual impairments] must:
1340	1345		(1) adequately provide for comprehensive diagnosis
1341	1346		and evaluation of each school-age child who has a visual
1342	1347		impairment, is deaf or hard of hearing, or is deaf-blind and
1343	1348		adequately outline the expectations of a school district for such a
1344	1349		child under three years of age [with a serious visual impairment];
1345	1350		(2) include the procedures, format, and content of the
1346	1351		individualized education program for each child who has a visual
1347	1352		impairment, is deaf or hard of hearing, or is deaf-blind [with a
1348	1353		visual impairment];
1349	1354		(3) emphasize providing educational services to
1350	1355		children who have visual impairments, are deaf or hard of hearing,
1351	1356		or are deaf-blind [with visual impairments] in their home
1352	1357		communities whenever possible;
1353	1358		(4) include information regarding the establishment
1354	1359		of regional day school programs for the deaf under Subchapter D and
1355	1360		the parameters of those programs [methods to ensure that children
1356	1361		with visual impairments receiving special education services in
1357	1362		school districts receive, before being placed in a classroom
1358	1363		setting or within a reasonable time after placement:
1359	1364		[(A) evaluation of the impairment; and
1360	1365		[(B) instruction in an expanded core curriculum,
1361	1366		which is required for students with visual impairments to succeed
1362	1367		in classroom settings and to derive lasting, practical benefits
1363	1368		from the education provided by school districts, including
1364	1369		instruction in:
1365	1370		[(i) compensatory skills, such as braille
1366	1371		and concept development, and other skills needed to access the rest
1367	1372		of the curriculum;
1368	1373		[(ii) orientation and mobility;
1369	1374		[(iii) social interaction skills;
1370	1375		[(iv) career planning;
1371	1376		[(v) assistive technology, including
1372	1377		optical devices;
1373	1378		[(vi) independent living skills;
1374	1379		[(vii) recreation and leisure enjoyment;
1375	1380		[(viii) self-determination; and
1376	1381		[(ix) sensory efficiency];
1377	1382		(5) provide for flexibility on the part of school
1378	1383		districts to meet the unique [special] needs of children who have
1379	1384		visual impairments, are deaf or hard of hearing, or are deaf-blind
1380	1385		[with visual impairments] through:
1381	1386		(A) specialty staff and resources provided by the
1382	1387		district;
1383	1388		(B) contractual arrangements with other
1384	1389		qualified public or private agencies;
1385	1390		(C) supportive assistance from regional
1386	1391		education service centers or adjacent school districts;
1387	1392		(D) short-term or long-term services through the
1388	1393		Texas School for the Blind and Visually Impaired, the Texas School
1389	1394		for the Deaf, regional day school programs for the deaf, or related
1390	1395		facilities or programs; or
1391	1396		(E) other instructional and service arrangements
1392	1397		approved by the agency;
1393	1398		(6) [include a statewide admission, review, and
1394	1399		dismissal process;
1395	1400		[(7)] provide for effective interaction between the
1396	1401		[visually impaired child's] classroom setting of the child who has
1397	1402		a visual impairment, is deaf or hard of hearing, or is deaf-blind
1398	1403		and the child's home environment, including providing for parental
1399	1404		training and counseling either by school district staff or by
1400	1405		representatives of other organizations directly involved in the
1401	1406		development and implementation of the individualized education
1402	1407		program for the child;
1403	1408		(7) describe recommended and required professional
1404	1409		development activities based on the special education and related
1405	1410		services provided by school district staff to children who have
1406	1411		visual impairments, are deaf or hard of hearing, or are deaf-blind
1407	1412		[(8) require the continuing education and professional
1408	1413		development of school district staff providing special education
1409	1414		services to children with visual impairments];
1410	1415		(8) [(9)] provide for adequate monitoring and precise
1411	1416		evaluation of special education services provided to children who
1412	1417		have visual impairments, are deaf or hard of hearing, or are
1413	1418		deaf-blind [with visual impairments] through school districts;
1414	1419		[and]
1415	1420		(9) [(10)] require that school districts providing
1416	1421		special education services to children who have visual impairments,
1417	1422		are deaf or hard of hearing, or are deaf-blind [with visual
1418	1423		impairments] develop procedures for assuring that staff assigned to
1419	1424		work with the children have prompt and effective access directly to
1420	1425		resources available through:
1421	1426		(A) cooperating agencies in the area;
1422	1427		(B) the Texas School for the Blind and Visually
1423	1428		Impaired;
1424	1429		(C) the Texas School for the Deaf;
1425	1430		(D) the statewide outreach center at the Texas
1426	1431		School for the Deaf;
1427	1432		(E) the Central Media Depository for specialized
1428	1433		instructional materials and aids made specifically for use by
1429	1434		students with visual impairments;
1430	1435		(F) [(D)] sheltered workshops participating in
1431	1436		the state program of purchases of blind-made goods and services;
1432	1437		and
1433	1438		(G) [(E)] related sources; and
1434	1439		(10) assist in the coordination of educational
1435	1440		programs with other public and private agencies, including:
1436	1441		(A) agencies operating early childhood
1437	1442		intervention programs;
1438	1443		(B) preschools;
1439	1444		(C) agencies operating child development
1440	1445		programs;
1441	1446		(D) private nonsectarian schools;
1442	1447		(E) agencies operating regional occupational
1443	1448		centers and programs; and
1444	1449		(F) as appropriate, postsecondary and adult
1445	1450		programs for persons who are deaf or hard of hearing.
1446	1451		(e) Each eligible [blind or visually impaired] student who
1447	1452		has a visual impairment, is deaf or hard of hearing, or is
1448	1453		deaf-blind is entitled to receive educational programs according to
1449	1454		an individualized education program that:
1450	1455		(1) is developed in accordance with federal and state
1451	1456		requirements for providing special education services;
1452	1457		(2) is developed by a committee composed as required
1453	1458		by federal law;
1454	1459		(3) reflects that the student has been provided a
1455	1460		detailed explanation of the various service resources available to
1456	1461		the student in the community and throughout the state;
1457	1462		(4) provides a detailed description of the
1458	1463		arrangements made to provide the student with the evaluation and
1459	1464		instruction required under this subchapter and Subchapter A,
1460	1465		Chapter 29 [Subsection (c)(4)]; and
1461	1466		(5) sets forth the plans and arrangements made for
1462	1467		contacts with and continuing services to the student beyond regular
1463	1468		school hours to ensure the student learns the skills and receives
1464	1469		the instruction required under this subchapter and Subchapter A,
1465	1470		Chapter 29 [Subsection (c)(4)(B)].
1466	1471		SECTION 44. Subchapter A, Chapter 30, Education Code, is
1467	1472		amended by adding Section 30.0021 to read as follows:
1468	1473		Sec. 30.0021. REQUIREMENTS FOR CHILDREN WITH VISUAL
1469	1474		IMPAIRMENTS. (a) Each child with a visual impairment must receive
1470	1475		instruction in an expanded core curriculum required for children
1471	1476		with visual impairments to succeed in classroom settings and to
1472	1477		derive lasting, practical benefits from education in a school
1473	1478		district, including instruction in:
1474	1479		(1) compensatory skills, such as braille and concept
1475	1480		development, and other skills necessary to access the rest of the
1476	1481		curriculum;
1477	1482		(2) orientation and mobility;
1478	1483		(3) social interaction skills;
1479	1484		(4) career education;
1480	1485		(5) assistive technology, including optical devices;
1481	1486		(6) independent living skills;
1482	1487		(7) recreation and leisure enjoyment;
1483	1488		(8) self-determination; and
1484	1489		(9) sensory efficiency.
1485	1490		(b) To determine a child's eligibility for a school
1486	1491		district's special education program under Subchapter A, Chapter
1487	1492		29, on the basis of a visual impairment, the full individual and
1488	1493		initial evaluation of the child under Section 29.004 and any
1489	1494		reevaluation of the child must, in accordance with commissioner
1490	1495		rule:
1491	1496		(1) include an orientation and mobility evaluation
1492	1497		conducted:
1493	1498		(A) by a person who is appropriately certified as
1494	1499		an orientation and mobility specialist, as determined by
1495	1500		commissioner rule; and
1496	1501		(B) in a variety of lighting conditions and
1497	1502		settings, including in the child's home, school, and community and
1498	1503		in settings unfamiliar to the child; and
1499	1504		(2) provide for a person who is appropriately
1500	1505		certified as an orientation and mobility specialist, as determined
1501	1506		by commissioner rule, to participate, as part of a
1502	1507		multidisciplinary team, in evaluating the data on which the
1503	1508		determination of the child's eligibility is based.
1504	1509		(c) In developing an individualized education program under
1505	1510		Section 29.005 for a child with a visual impairment, proficiency in
1506	1511		reading and writing must be a significant indicator of the child's
1507	1512		satisfactory educational progress. The individualized education
1508	1513		program must include instruction in braille and the use of braille
1509	1514		unless the child's admission, review, and dismissal committee
1510	1515		documents a determination, based on an evaluation of the child's
1511	1516		appropriate literacy media and literacy skills and the child's
1512	1517		current and future instructional needs, that braille is not an
1513	1518		appropriate literacy medium for the child.
1514	1519		(d) Braille instruction:
1515	1520		(1) may be used in combination with other special
1516	1521		education services appropriate to the educational needs of a child
1517	1522		with a visual impairment; and
1518	1523		(2) must be provided by a teacher certified to teach
1519	1524		children with visual impairments under Subchapter B, Chapter 21.
1520	1525		(e) A school district shall provide to each person assisting
1521	1526		in the development of an individualized education program for a
1522	1527		child with a visual impairment information describing the benefits
1523	1528		of braille instruction.
1524	1529		(f) To facilitate implementation of this section, the
1525	1530		commissioner shall develop a system to distribute from the
1526	1531		foundation school fund to school districts or regional education
1527	1532		service centers a special supplemental allowance for each student
1528	1533		with a visual impairment. The supplemental allowance may be spent
1529	1534		only for special education services uniquely required by the nature
1530	1535		of the child's disabilities and may not be used in lieu of
1531	1536		educational funds otherwise available under this code or through
1532	1537		state or local appropriations.
1533	1538		SECTION 45. Section 30.003, Education Code, is amended by
1534	1539		amending Subsections (b), (d), (f-1), and (g) and adding Subsection
1535	1540		(b-1) to read as follows:
1536	1541		(b) If the student is admitted to the school for a full-time
1537	1542		program for the equivalent of two long semesters, the district's
1538	1543		share of the cost is an amount equal to the dollar amount of
1539	1544		maintenance and debt service taxes imposed by the district for that
1540	1545		year, subject to Subsection (b-1), divided by the district's
1541	1546		average daily attendance for the preceding year.
1542	1547		(b-1) The commissioner shall reduce the amount of
1543	1548		maintenance taxes imposed by the district that are obligated to be
1544	1549		paid under Subsection (b) for a year by the amount, if any, by which
1545	1550		the district is required to reduce the district's local revenue
1546	1551		level under Section 48.257 for that year.
1547	1552		(d) Each school district and state institution shall
1548	1553		provide to the commissioner the necessary information to determine
1549	1554		the district's share under this section. The information must be
1550	1555		reported to the commissioner on or before a date set by commissioner
1551	1556		rule [of the State Board of Education]. After determining the
1552	1557		amount of a district's share for all students for which the district
1553	1558		is responsible, the commissioner shall deduct that amount from the
1554	1559		payments of foundation school funds payable to the district. Each
1555	1560		deduction shall be in the same percentage of the total amount of the
1556	1561		district's share as the percentage of the total foundation school
1557	1562		fund entitlement being paid to the district at the time of the
1558	1563		deduction, except that the amount of any deduction may be modified
1559	1564		to make necessary adjustments or to correct errors. The
1560	1565		commissioner shall provide for remitting the amount deducted to the
1561	1566		appropriate school at the same time at which the remaining funds are
1562	1567		distributed to the district. If a district does not receive
1563	1568		foundation school funds or if a district's foundation school
1564	1569		entitlement is less than the amount of the district's share under
1565	1570		this section, the commissioner shall direct the district to remit
1566	1571		payment to the commissioner, and the commissioner shall remit the
1567	1572		district's share to the appropriate school.
1568	1573		(f-1) The commissioner shall determine the total amount
1569	1574		that the Texas School for the Blind and Visually Impaired and the
1570	1575		Texas School for the Deaf would have received from school districts
1571	1576		in accordance with this section if the following provisions had not
1572	1577		reduced the districts' share of the cost of providing education
1573	1578		services:
1574	1579		(1) H.B. No. 1, Acts of the 79th Legislature, 3rd
1575	1580		Called Session, 2006;
1576	1581		(2) Subsection (b-1) of this section;
1577	1582		(3) Section 45.0032;
1578	1583		(4) [(3)] Section 48.255; and
1579	1584		(5) [(4)] Section 48.2551.
1580	1585		(g) The commissioner [State Board of Education] may adopt
1581	1586		rules as necessary to implement this section.
1582	1587		SECTION 46. Section 30.004(b), Education Code, is amended
1583	1588		to read as follows:
1584	1589		(b) The commissioner [State Board of Education] shall adopt
1585	1590		rules prescribing the form and content of information required by
1586	1591		Subsection (a).
1587	1592		SECTION 47. Section 30.005, Education Code, is amended to
1588	1593		read as follows:
1589	1594		Sec. 30.005. TEXAS SCHOOL FOR THE BLIND AND VISUALLY
1590	1595		IMPAIRED MEMORANDUM OF UNDERSTANDING. The Texas Education Agency
1591	1596		and the Texas School for the Blind and Visually Impaired shall
1592	1597		develop[, agree to, and by commissioner rule adopt] a memorandum of
1593	1598		understanding to establish:
1594	1599		(1) the method for developing and reevaluating a set
1595	1600		of indicators of the quality of learning at the Texas School for the
1596	1601		Blind and Visually Impaired;
1597	1602		(2) the process for the agency to conduct and report on
1598	1603		an annual evaluation of the school's performance on the indicators;
1599	1604		(3) the requirements for the school's board to
1600	1605		publish, discuss, and disseminate an annual report describing the
1601	1606		educational performance of the school; and
1602	1607		(4) [the process for the agency to:
1603	1608		[(A) assign an accreditation status to the
1604	1609		school;
1605	1610		[(B) reevaluate the status on an annual basis;
1606	1611		and
1607	1612		[(C) if necessary, conduct monitoring reviews;
1608	1613		and
1609	1614		[(5)] the type of information the school shall be
1610	1615		required to provide through the Public Education Information
1611	1616		Management System (PEIMS).
1612	1617		SECTION 48. Section 30.081, Education Code, is amended to
1613	1618		read as follows:
1614	1619		Sec. 30.081. LEGISLATIVE INTENT CONCERNING REGIONAL DAY
1615	1620		SCHOOLS FOR THE DEAF. The legislature, by this subchapter, intends
1616	1621		to continue a process of providing on a statewide basis a suitable
1617	1622		education to deaf or hard of hearing students who are under 22 [21]
1618	1623		years of age and assuring that those students have the opportunity
1619	1624		to become independent citizens.
1620	1625		SECTION 49. Section 30.083, Education Code, is amended to
1621	1626		read as follows:
1622	1627		Sec. 30.083. STATEWIDE PLAN. [(a)] The director of
1623	1628		services shall develop and administer a comprehensive statewide
1624	1629		plan for educational services for students who are deaf or hard of
1625	1630		hearing and receive special education and related services through
1626	1631		a regional day school program for the deaf[, including continuing
1627	1632		diagnosis and evaluation, counseling, and teaching]. The plan
1628	1633		shall be included as part of the comprehensive state plan under
1629	1634		Section 30.002 [designed to accomplish the following objectives:
1630	1635		[(1) providing assistance and counseling to parents of
1631	1636		students who are deaf or hard of hearing in regional day school
1632	1637		programs for the deaf and admitting to the programs students who
1633	1638		have a hearing loss that interferes with the processing of
1634	1639		linguistic information;
1635	1640		[(2) enabling students who are deaf or hard of hearing
1636	1641		to reside with their parents or guardians and be provided an
1637	1642		appropriate education in their home school districts or in regional
1638	1643		day school programs for the deaf;
1639	1644		[(3) enabling students who are deaf or hard of hearing
1640	1645		who are unable to attend schools at their place of residence and
1641	1646		whose parents or guardians live too far from facilities of regional
1642	1647		day school programs for the deaf for daily commuting to be
1643	1648		accommodated in foster homes or other residential school facilities
1644	1649		provided for by the agency so that those children may attend a
1645	1650		regional day school program for the deaf;
1646	1651		[(4) enrolling in the Texas School for the Deaf those
1647	1652		students who are deaf or hard of hearing whose needs can best be met
1648	1653		in that school and designating the Texas School for the Deaf as the
1649	1654		statewide educational resource for students who are deaf or hard of
1650	1655		hearing;
1651	1656		[(5) encouraging students in regional day school
1652	1657		programs for the deaf to attend general education classes on a
1653	1658		part-time, full-time, or trial basis; and
1654	1659		[(6) recognizing the need for development of language
1655	1660		and communications abilities in students who are deaf or hard of
1656	1661		hearing, but also calling for the use of methods of communication
1657	1662		that will meet the needs of each individual student, with each
1658	1663		student assessed thoroughly so as to ascertain the student's
1659	1664		potential for communications through a variety of means, including
1660	1665		through oral or aural means, fingerspelling, or sign language].
1661	1666		[(b) The director of services may establish separate
1662	1667		programs to accommodate diverse communication methodologies.]
1663	1668		SECTION 50. Section 30.021(e), Education Code, is amended
1664	1669		to read as follows:
1665	1670		(e) The school shall cooperate with public and private
1666	1671		agencies and organizations serving students and other persons with
1667	1672		visual impairments in the planning, development, and
1668	1673		implementation of effective educational and rehabilitative service
1669	1674		delivery systems associated with educating students with visual
1670	1675		impairments. To maximize and make efficient use of state
1671	1676		facilities, funding, and resources, the services provided in this
1672	1677		area may include conducting a cooperative program with other
1673	1678		agencies to serve students who have graduated from high school by
1674	1679		completing all academic requirements applicable to students in
1675	1680		general [regular] education, excluding satisfactory performance
1676	1681		under Section 39.025, who are younger than 22 years of age on
1677	1682		September 1 of the school year and who have identified needs related
1678	1683		to vocational training, independent living skills, orientation and
1679	1684		mobility, social and leisure skills, compensatory skills, or
1680	1685		remedial academic skills.
1681	1686		SECTION 51. Section 37.146(a), Education Code, is amended
1682	1687		to read as follows:
1683	1688		(a) A complaint alleging the commission of a school offense
1684	1689		must, in addition to the requirements imposed by Article 45A.101,
1685	1690		Code of Criminal Procedure:
1686	1691		(1) be sworn to by a person who has personal knowledge
1687	1692		of the underlying facts giving rise to probable cause to believe
1688	1693		that an offense has been committed; and
1689	1694		(2) be accompanied by a statement from a school
1690	1695		employee stating:
1691	1696		(A) whether the child is eligible for or receives
1692	1697		special education services under Subchapter A, Chapter 29; and
1693	1698		(B) the graduated sanctions, if required under
1694	1699		Section 37.144, that were imposed on the child before the complaint
1695	1700		was filed.
1696	1701		SECTION 52. Section 38.003(c-1), Education Code, is amended
1697	1702		to read as follows:
1698	1703		(c-1) The agency by rule shall develop procedures designed
1699	1704		to allow the agency to:
1700	1705		(1) effectively audit and monitor and periodically
1701	1706		conduct site visits of all school districts to ensure that
1702	1707		districts are complying with this section, including the program
1703	1708		approved by the State Board of Education under this section;
1704	1709		(2) identify any problems school districts experience
1705	1710		in complying with this section, including the program approved by
1706	1711		the State Board of Education under this section;
1707	1712		(3) develop reasonable and appropriate remedial
1708	1713		strategies to address school district noncompliance and ensure the
1709	1714		purposes of this section are accomplished, which may include the
1710	1715		publication of a recommended evidence-based dyslexia program list;
1711	1716		[and]
1712	1717		(4) solicit input from parents of students enrolled in
1713	1718		a school district during the auditing and monitoring of the
1714	1719		district under Subdivision (1) regarding the district's
1715	1720		implementation of the program approved by the State Board of
1716	1721		Education under this section; and
1717	1722		(5) engage in general supervision activities,
1718	1723		including activities under the comprehensive system for monitoring
1719	1724		described by Section 29.010, to ensure school district compliance
1720	1725		with the program approved by the State Board of Education under this
1721	1726		section and Part B, Individuals with Disabilities Education Act (20
1722	1727		U.S.C. Section 1411 et seq.).
1723	1728		SECTION 53. Section 48.009(b), Education Code, is amended
1724	1729		to read as follows:
1725	1730		(b) The commissioner by rule shall require each school
1726	1731		district and open-enrollment charter school to report through the
1727	1732		Public Education Information Management System information
1728	1733		regarding:
1729	1734		(1) the number of students enrolled in the district or
1730	1735		school who are identified as having dyslexia;
1731	1736		(2) the availability of school counselors, including
1732	1737		the number of full-time equivalent school counselors, at each
1733	1738		campus;
1734	1739		(3) the availability of expanded learning
1735	1740		opportunities as described by Section 33.252 at each campus;
1736	1741		(4) the total number of students, other than students
1737	1742		described by Subdivision (5), enrolled in the district or school
1738	1743		with whom the district or school, as applicable, used intervention
1739	1744		strategies, as that term is defined by Section 26.004, at any time
1740	1745		during the year for which the report is made;
1741	1746		(5) the total number of students enrolled in the
1742	1747		district or school to whom the district or school provided aids,
1743	1748		accommodations, or services under Section 504, Rehabilitation Act
1744	1749		of 1973 (29 U.S.C. Section 794), at any time during the year for
1745	1750		which the report is made;
1746	1751		(6) disaggregated by campus and grade, the number of:
1747	1752		(A) children who are required to attend school
1748	1753		under Section 25.085, are not exempted under Section 25.086, and
1749	1754		fail to attend school without excuse for 10 or more days or parts of
1750	1755		days within a six-month period in the same school year;
1751	1756		(B) students for whom the district initiates a
1752	1757		truancy prevention measure under Section 25.0915(a-4); and
1753	1758		(C) parents of students against whom an
1754	1759		attendance officer or other appropriate school official has filed a
1755	1760		complaint under Section 25.093; [and]
1756	1761		(7) the number of students who are enrolled in a high
1757	1762		school equivalency program, a dropout recovery school, or an adult
1758	1763		education program provided under a high school diploma and industry
1759	1764		certification charter school program provided by the district or
1760	1765		school and who:
1761	1766		(A) are at least 18 years of age and under 26
1762	1767		years of age;
1763	1768		(B) have not previously been reported to the
1764	1769		agency as dropouts; and
1765	1770		(C) enroll in the program at the district or
1766	1771		school after not attending school for a period of at least nine
1767	1772		months; and
1768	1773		(8) students enrolled in a special education program
1769	1774		under Subchapter A, Chapter 29, as necessary for the agency to
1770	1775		adequately perform general supervision activities and determine
1771	1776		funding under Sections 48.102 and 48.1021.
1772	1777		SECTION 54. Subchapter A, Chapter 48, Education Code, is
1773	1778		amended by adding Section 48.011 to read as follows:
1774	1779		Sec. 48.011. COMMISSIONER AUTHORITY TO RESOLVE UNINTENDED
1775	1780		CONSEQUENCES. (a) Subject to Subsection (b), the commissioner
1776	1781		may, as necessary to implement changes made by the legislature to
1777	1782		public school finance and school district maintenance and
1778	1783		operations tax rates during the preceding four state fiscal years:
1779	1784		(1) adjust a school district's entitlement under this
1780	1785		chapter if the funding formulas used to determine the district's
1781	1786		entitlement result in an unanticipated loss, gain, or other result
1782	1787		for a school district; and
1783	1788		(2) modify dates relating to the adoption of a school
1784	1789		district's maintenance and operations tax rate and, if applicable,
1785	1790		an election required for the district to adopt that tax rate.
1786	1791		(b) Before making an adjustment under Subsection (a), the
1787	1792		commissioner shall notify and must receive approval from the
1788	1793		Legislative Budget Board and the office of the governor.
1789	1794		(c) If the commissioner makes an adjustment under
1790	1795		Subsection (a), the commissioner must provide to the legislature an
1791	1796		explanation regarding the changes necessary to resolve the
1792	1797		unintended consequences.
1793	1798		SECTION 55. Section 48.051(a), Education Code, is amended
1794	1799		to read as follows:
1795	1800		(a) For each student in average daily attendance, not
1796	1801		including the time students spend each day in career and technology
1797	1802		education programs or in special education programs in a setting
1798	1803		[an instructional arrangement] other than a general education
1799	1804		setting [mainstream or career and technology education programs],
1800	1805		for which an additional allotment is made under Subchapter C, a
1801	1806		school district is entitled to an allotment equal to the lesser of
1802	1807		$6,160 or the amount that results from the following formula:
1803	1808		A = $6,160 X TR/MCR
1804	1809		where:
1805	1810		"A" is the allotment to which a district is entitled;
1806	1811		"TR" is the district's tier one maintenance and operations
1807	1812		tax rate, as provided by Section 45.0032; and
1808	1813		"MCR" is the district's maximum compressed tax rate, as
1809	1814		determined under Section 48.2551.
1810	1815		SECTION 56. Section 48.102, Education Code, is amended to
1811	1816		read as follows:
1812	1817		Sec. 48.102. SPECIAL EDUCATION. (a) For each student in
1813	1818		average daily attendance in a special education program under
1814	1819		Subchapter A, Chapter 29, [in a mainstream instructional
1815	1820		arrangement,] a school district is entitled to an annual allotment
1816	1821		equal to the basic allotment, or, if applicable, the sum of the
1817	1822		basic allotment and the allotment under Section 48.101 to which the
1818	1823		district is entitled, multiplied by a weight in an amount set by the
1819	1824		legislature in the General Appropriations Act for the highest tier
1820	1825		of intensity of service for which the student qualifies [1.15].
1821	1826		(a-1) Notwithstanding Subsection (a), for the 2026-2027
1822	1827		school year, the amount of an allotment under this section shall be
1823	1828		determined in accordance with Section 48.1022. This subsection
1824	1829		expires September 1, 2027. [For each full-time equivalent student
1825	1830		in average daily attendance in a special education program under
1826	1831		Subchapter A, Chapter 29, in an instructional arrangement other
1827	1832		than a mainstream instructional arrangement, a district is entitled
1828	1833		to an annual allotment equal to the basic allotment, or, if
1829	1834		applicable, the sum of the basic allotment and the allotment under
1830	1835		Section 48.101 to which the district is entitled, multiplied by a
1831	1836		weight determined according to instructional arrangement as
1832	1837		follows:
1833	1838		[Homebound 5.0
1834	1839		[Hospital class 3.0
1835	1840		[Speech therapy 5.0
1836	1841		[Resource room 3.0
1837	1842		[Self-contained, mild and moderate, regular campus 3.0
1838	1843		[Self-contained, severe, regular campus 3.0
1839	1844		[Off home campus 2.7
1840	1845		[Nonpublic day school 1.7
1841	1846		[Vocational adjustment class 2.3]
1842	1847		(b) The commissioner by rule shall define eight tiers of
1843	1848		intensity of service for use in determining funding under this
1844	1849		section. The commissioner must include one tier specifically
1845	1850		addressing students receiving special education services in
1846	1851		residential placement and one tier for students receiving only
1847	1852		speech therapy [A special instructional arrangement for students
1848	1853		with disabilities residing in care and treatment facilities, other
1849	1854		than state schools, whose parents or guardians do not reside in the
1850	1855		district providing education services shall be established by
1851	1856		commissioner rule. The funding weight for this arrangement shall
1852	1857		be 4.0 for those students who receive their education service on a
1853	1858		local school district campus. A special instructional arrangement
1854	1859		for students with disabilities residing in state schools shall be
1855	1860		established by commissioner rule with a funding weight of 2.8].
1856	1861		(c) In defining the tiers of intensity of service under
1857	1862		Subsection (b), the commissioner shall consider:
1858	1863		(1) the type, frequency, and nature of services
1859	1864		provided to a student;
1860	1865		(2) the required certifications, licensures, or other
1861	1866		qualifications for personnel serving the student;
1862	1867		(3) any identified or curriculum-required
1863	1868		provider-to-student ratios for the student to receive the
1864	1869		appropriate services; and
1865	1870		(4) any equipment or technology required for the
1866	1871		services [For funding purposes, the number of contact hours
1867	1872		credited per day for each student in the off home campus
1868	1873		instructional arrangement may not exceed the contact hours credited
1869	1874		per day for the multidistrict class instructional arrangement in
1870	1875		the 1992-1993 school year].
1871	1876		(d) [For funding purposes the contact hours credited per day
1872	1877		for each student in the resource room; self-contained, mild and
1873	1878		moderate; and self-contained, severe, instructional arrangements
1874	1879		may not exceed the average of the statewide total contact hours
1875	1880		credited per day for those three instructional arrangements in the
1876	1881		1992-1993 school year.
1877	1882		[(e) The commissioner by rule shall prescribe the
1878	1883		qualifications an instructional arrangement must meet in order to
1879	1884		be funded as a particular instructional arrangement under this
1880	1885		section. In prescribing the qualifications that a mainstream
1881	1886		instructional arrangement must meet, the commissioner shall
1882	1887		establish requirements that students with disabilities and their
1883	1888		teachers receive the direct, indirect, and support services that
1884	1889		are necessary to enrich the regular classroom and enable student
1885	1890		success.
1886	1891		[(f) In this section, "full-time equivalent student" means
1887	1892		30 hours of contact a week between a special education student and
1888	1893		special education program personnel.
1889	1894		[(g) The commissioner shall adopt rules and procedures
1890	1895		governing contracts for residential placement of special education
1891	1896		students. The legislature shall provide by appropriation for the
1892	1897		state's share of the costs of those placements.
1893	1898		[(h)] At least 55 percent of the funds allocated under this
1894	1899		section must be used in the special education program under
1895	1900		Subchapter A, Chapter 29.
1896	1901		(e) [(i)] The agency shall ensure [encourage] the placement
1897	1902		of students in special education programs, including students in
1898	1903		residential placement [instructional arrangements], in the least
1899	1904		restrictive environment appropriate for their educational needs.
1900	1905		(f) [(j)] A school district that provides an extended year
1901	1906		program required by federal law for special education students who
1902	1907		may regress is entitled to receive funds in an amount equal to [75
1903	1908		percent, or a lesser percentage determined by the commissioner, of]
1904	1909		the basic allotment, or, if applicable, the sum of the basic
1905	1910		allotment and the allotment under Section 48.101 to which the
1906	1911		district is entitled for each [full-time equivalent] student in
1907	1912		average daily attendance, multiplied by the amount designated for
1908	1913		the highest tier of intensity of service for which the student
1909	1914		qualifies [student's instructional arrangement] under this
1910	1915		section, for each day the program is provided divided by the number
1911	1916		of days in the minimum school year. [The total amount of state
1912	1917		funding for extended year services under this section may not
1913	1918		exceed $10 million per year.] A school district may use funds
1914	1919		received under this section only in providing an extended year
1915	1920		program.
1916	1921		(g) [(k)] From the total amount of funds appropriated for
1917	1922		special education under this section, the commissioner shall
1918	1923		withhold an amount specified in the General Appropriations Act, and
1919	1924		distribute that amount to school districts for programs under
1920	1925		Section 29.014. The program established under that section is
1921	1926		required only in school districts in which the program is financed
1922	1927		by funds distributed under this subsection and any other funds
1923	1928		available for the program. After deducting the amount withheld
1924	1929		under this subsection from the total amount appropriated for
1925	1930		special education, the commissioner shall reduce each district's
1926	1931		allotment proportionately and shall allocate funds to each district
1927	1932		accordingly.
1928	1933		(h) Not later than December 1 of each even-numbered year,
1929	1934		the commissioner shall submit to the Legislative Budget Board, for
1930	1935		purposes of the allotment under this section, proposed weights for
1931	1936		the tiers of intensity of service for the next state fiscal
1932	1937		biennium.
1933	1938		SECTION 57. Subchapter C, Chapter 48, Education Code, is
1934	1939		amended by adding Sections 48.1021 and 48.1022 to read as follows:
1935	1940		Sec. 48.1021. SPECIAL EDUCATION SERVICE GROUP ALLOTMENT.
1936	1941		(a) For each student in a special education program under
1937	1942		Subchapter A, Chapter 29, a school district is entitled to an
1938	1943		allotment in an amount set by the legislature in the General
1939	1944		Appropriations Act for the service group for which the student
1940	1945		receives services.
1941	1946		(a-1) Notwithstanding Subsection (a), for the 2026-2027
1942	1947		school year, the amount of an allotment under this section shall be
1943	1948		determined in accordance with Section 48.1022. This subsection
1944	1949		expires September 1, 2027.
1945	1950		(b) The commissioner by rule shall establish at least four
1946	1951		service groups for use in determining funding under this section.
1947	1952		In establishing the groups, the commissioner must consider:
1948	1953		(1) the type, frequency, and nature of services
1949	1954		provided to a student;
1950	1955		(2) the required certifications, licensures, or other
1951	1956		qualifications for personnel serving the student;
1952	1957		(3) any identified or curriculum-required
1953	1958		provider-to-student ratios for the student to receive the
1954	1959		appropriate services; and
1955	1960		(4) any equipment or technology required for the
1956	1961		services.
1957	1962		(c) At least 55 percent of the funds allocated under this
1958	1963		section must be used for a special education program under
1959	1964		Subchapter A, Chapter 29.
1960	1965		(d) Not later than December 1 of each even-numbered year,
1961	1966		the commissioner shall submit to the Legislative Budget Board, for
1962	1967		purposes of the allotment under this section, proposed amounts of
1963	1968		funding for the service groups for the next state fiscal biennium.
1964	1969		Sec. 48.1022. SPECIAL EDUCATION TRANSITION FUNDING.
1965	1970		(a) For the 2026-2027 school year, the commissioner may adjust
1966	1971		weights or amounts provided under Section 48.102 or 48.1021 as
1967	1972		necessary to ensure compliance with requirements regarding
1968	1973		maintenance of state financial support under 20 U.S.C. Section
1969	1974		1412(a)(18) and maintenance of local financial support under
1970	1975		applicable federal law.
1971	1976		(b) For the 2026-2027 school year, the commissioner shall
1972	1977		determine the formulas through which school districts receive
1973	1978		funding under Sections 48.102 and 48.1021. In determining the
1974	1979		formulas, the commissioner shall ensure the estimated statewide
1975	1980		increase from the amount that would have been provided under the
1976	1981		allotment under Section 48.102, as that section existed on
1977	1982		September 1, 2025, for the 2026-2027 school year to the amount
1978	1983		provided by the sum of the allotments under Sections 48.102 and
1979	1984		48.1021 for that school year is approximately $200 million.
1980	1985		(c) Each school district and open-enrollment charter school
1981	1986		shall report to the agency information necessary to implement this
1982	1987		section.
1983	1988		(d) The agency shall provide technical assistance to school
1984	1989		districts and open-enrollment charter schools to ensure a
1985	1990		successful transition in funding formulas for special education.
1986	1991		(e) This section expires September 1, 2028.
1987	1992		SECTION 58. Sections 48.103(b), (c), and (d), Education
1988	1993		Code, are amended to read as follows:
1989	1994		(b) A school district is entitled to an allotment under
1990	1995		Subsection (a) only for a student who:
1991	1996		(1) is receiving:
1992	1997		(A) instruction, services, or accommodations for
1993	1998		dyslexia or a related disorder in accordance with[:
1994	1999		[(A)] an individualized education program
1995	2000		developed for the student under Section 29.005; or
1996	2001		(B) accommodations for dyslexia or a related
1997	2002		disorder in accordance with a plan developed for the student under
1998	2003		Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794); or
1999	2004		(2) [is receiving instruction that:
2000	2005		[(A) meets applicable dyslexia program criteria
2001	2006		established by the State Board of Education; and
2002	2007		[(B) is provided by a person with specific
2003	2008		training in providing that instruction; or
2004	2009		[(3)] is permitted, on the basis of having dyslexia or
2005	2010		a related disorder, to use modifications in the classroom or
2006	2011		accommodations in the administration of assessment instruments
2007	2012		under Section 39.023 without a program or plan described by
2008	2013		Subdivision (1).
2009	2014		(c) A school district may receive funding for a student
2010	2015		under each provision of this section, [and] Section 48.102, and
2011	2016		Section 48.1021 for which [if] the student qualifies [satisfies the
2012	2017		requirements of both sections].
2013	2018		(d) A school district may use [an amount not to exceed 20
2014	2019		percent of] the allotment provided for a qualifying student under
2015	2020		this section to contract with a private provider to provide
2016	2021		supplemental academic services to the student that are recommended
2017	2022		under the student's program or plan described by Subsection (b). A
2018	2023		student may not be excused from school to receive supplemental
2019	2024		academic services provided under this subsection.
2020	2025		SECTION 59. Section 48.110(d), Education Code, is amended
2021	2026		to read as follows:
2022	2027		(d) For each annual graduate in a cohort described by
2023	2028		Subsection (b) who demonstrates college, career, or military
2024	2029		readiness as described by Subsection (f) in excess of the minimum
2025	2030		number of students determined for the applicable district cohort
2026	2031		under Subsection (c), a school district is entitled to an annual
2027	2032		outcomes bonus of:
2028	2033		(1) if the annual graduate is educationally
2029	2034		disadvantaged, $5,000;
2030	2035		(2) if the annual graduate is not educationally
2031	2036		disadvantaged, $3,000; and
2032	2037		(3) if the annual graduate is enrolled in a special
2033	2038		education program under Subchapter A, Chapter 29, $4,000 [$2,000],
2034	2039		regardless of whether the annual graduate is educationally
2035	2040		disadvantaged.
2036	2041		SECTION 60. Section 48.151(g), Education Code, is amended
2037	2042		to read as follows:
2038	2043		(g) A school district or county that provides special
2039	2044		transportation services for eligible special education students is
2040	2045		entitled to a state allocation at a [paid on a previous year's
2041	2046		cost-per-mile basis. The] rate per mile equal to the sum of the
2042	2047		rate per mile set under Subsection (c) and $0.13, or a greater
2043	2048		amount provided [allowable shall be set] by appropriation [based on
2044	2049		data gathered from the first year of each preceding biennium].
2045	2050		Districts may use a portion of their support allocation to pay
2046	2051		transportation costs, if necessary. The commissioner may grant an
2047	2052		amount set by appropriation for private transportation to reimburse
2048	2053		parents or their agents for transporting eligible special education
2049	2054		students. The mileage allowed shall be computed along the shortest
2050	2055		public road from the student's home to school and back, morning and
2051	2056		afternoon. The need for this type of transportation shall be
2052	2057		determined on an individual basis and shall be approved only in
2053	2058		extreme hardship cases.
2054	2059		SECTION 61. Subchapter D, Chapter 48, Education Code, is
2055	2060		amended by adding Section 48.158 to read as follows:
2056	2061		Sec. 48.158. SPECIAL EDUCATION FULL INDIVIDUAL AND INITIAL
2057	2062		EVALUATION. For each child for whom a school district conducts a
2058	2063		full individual and initial evaluation under Section 29.004 or 20
2059	2064		U.S.C. Section 1414(a)(1), the district is entitled to an allotment
2060	2065		of $250 or a greater amount provided by appropriation.
2061	2066		SECTION 62. Section 48.265(a), Education Code, is amended
2062	2067		to read as follows:
2063	2068		(a) If [Notwithstanding any other provision of law, if] the
2064	2069		commissioner determines that the amount appropriated for the
2065	2070		purposes of the Foundation School Program exceeds the amount to
2066	2071		which school districts are entitled under this chapter, the
2067	2072		commissioner may provide [by rule shall establish a grant program
2068	2073		through which excess funds are awarded as] grants using the excess
2069	2074		money for the purchase of video equipment, or for the reimbursement
2070	2075		of costs for previously purchased video equipment, used for
2071	2076		monitoring special education classrooms or other special education
2072	2077		settings required under Section 29.022.
2073	2078		SECTION 63. Section 48.279(e), Education Code, is amended
2074	2079		to read as follows:
2075	2080		(e) After the commissioner has replaced any withheld
2076	2081		federal funds as provided by Subsection (d), the commissioner shall
2077	2082		distribute the remaining amount, if any, of funds described by
2078	2083		Subsection (a) to proportionately increase funding for the special
2079	2084		education allotment under Section 48.102 and the special education
2080	2085		service group allotment under Section 48.1021.
2081	2086		SECTION 64. Subchapter G, Chapter 48, Education Code, is
2082	2087		amended by adding Sections 48.304, 48.306, and 48.315 to read as
2083	2088		follows:
2084	2089		Sec. 48.304. DAY PLACEMENT PROGRAM OR COOPERATIVE FUNDING.
2085	2090		(a) For each qualifying day placement program or cooperative that a
2086	2091		regional education service center, school district, or
2087	2092		open-enrollment charter school establishes, the program or
2088	2093		cooperative is entitled to an allotment of:
2089	2094		(1) $250,000 for the first year of the program's or
2090	2095		cooperative's operation; and
2091	2096		(2) the sum of:
2092	2097		(A) $100,000 for each year of the program's or
2093	2098		cooperative's operation after the first year; and
2094	2099		(B) $150,000 if at least three students are
2095	2100		enrolled in the program or cooperative for a year described by
2096	2101		Paragraph (A).
2097	2102		(b) A day placement program or cooperative qualifies for
2098	2103		purposes of Subsection (a) if:
2099	2104		(1) the program or cooperative complies with
2100	2105		commissioner rules adopted for purposes of this section under
2101	2106		Section 48.004;
2102	2107		(2) the program or cooperative offers services to
2103	2108		students who are enrolled at any school district or open-enrollment
2104	2109		charter school in the county in which the program or cooperative is
2105	2110		offered, unless the commissioner by rule waives or modifies the
2106	2111		requirement under this subdivision for the program or cooperative
2107	2112		to serve all students in a county; and
2108	2113		(3) the agency has designated the program or
2109	2114		cooperative for service in the county in which the program or
2110	2115		cooperative is offered and determined that, at the time of
2111	2116		designation, the program or cooperative increases the availability
2112	2117		of day placement services in the county.
2113	2118		(c) The agency may not designate more than one day placement
2114	2119		program or cooperative for service per county each year.
2115	2120		(d) The agency may designate a regional education service
2116	2121		center to implement and administer this section.
2117	2122		(e) Notwithstanding any other provision of this section,
2118	2123		the agency may not provide an allotment under this section to more
2119	2124		than 20 day placement programs or cooperatives for a year.
2120	2125		Sec. 48.306. PARENT-DIRECTED SERVICES FOR STUDENTS
2121	2126		RECEIVING SPECIAL EDUCATION SERVICES GRANT. (a) A student to whom
2122	2127		the agency awards a grant under Subchapter A-1, Chapter 29, is
2123	2128		entitled to receive an amount of $1,500 or a greater amount provided
2124	2129		by appropriation.
2125	2130		(b) The legislature shall include in the appropriations for
2126	2131		the Foundation School Program state aid sufficient for the agency
2127	2132		to award grants under Subchapter A-1, Chapter 29, in the amount
2128	2133		provided by this section.
2129	2134		(c) A student may receive one grant under Subchapter A-1,
2130	2135		Chapter 29, unless the legislature appropriates money for an
2131	2136		additional grant in the General Appropriations Act.
2132	2137		(d) A regional education service center designated to
2133	2138		administer the program under Subchapter A-1, Chapter 29, for a
2134	2139		school year is entitled to an amount equal to four percent of each
2135	2140		grant awarded under that subchapter for that school year.
2136	2141		(e) Notwithstanding Section 7.057, a determination of the
2137	2142		commissioner under this section is final and may not be appealed.
2138	2143		Sec. 48.315. FUNDING FOR REGIONAL DAY SCHOOL PROGRAMS FOR
2139	2144		THE DEAF. (a) The program administrator or fiscal agent of a
2140	2145		regional day school program for the deaf is entitled to receive for
2141	2146		each school year an allotment of $6,925, or a greater amount
2142	2147		provided by appropriation, for each student receiving services from
2143	2148		the program.
2144	2149		(b) Notwithstanding Subsection (a), the agency shall adjust
2145	2150		the amount of an allotment under that subsection for a school year
2146	2151		to ensure the total amount of allotments provided under that
2147	2152		subsection is at least $35 million for that school year.
2148	2153		SECTION 65. The following provisions of the Education Code
2149	2154		are repealed:
2150	2155		(1) Section 7.055(b)(24);
2151	2156		(2) Sections 7.102(c)(18), (19), (20), (21), and (22);
2152	2157		(3) Section 29.002;
2153	2158		(4) Section 29.0041(c);
2154	2159		(5) Section 29.005(f);
2155	2160		(6) Section 29.0161;
2156	2161		(7) Sections 29.308, 29.309, 29.311, 30.001, and
2157	2162		30.0015;
2158	2163		(8) Sections 30.002(c-1), (c-2), (f), (f-1), and (g);
2159	2164		(9) Section 30.084;
2160	2165		(10) Section 30.087(b); and
2161	2166		(11) Section 38.003(d).
2162	2167		SECTION 66. The commissioner of education shall award a
2163	2168		grant under Subchapter A-1, Chapter 29, Education Code, as amended
2164	2169		by this Act, for the 2025-2026 school year to each eligible
2165	2170		applicant who applied but was not accepted for the 2024-2025 school
2166	2171		year.
2167	2172		SECTION 67. Sections 8.051(d), 29.008, 29.014(c) and (d),
2168	2173		and 29.018(b), Education Code, as amended by this Act, apply
2169	2174		beginning with the 2026-2027 school year.
2170	2175		SECTION 68. (a) Except as provided by Subsection (b) or (c)
2171	2176		of this section, this Act takes effect immediately if this Act
2172	2177		receives a vote of two-thirds of all the members elected to each
2173	2178		house, as provided by Section 39, Article III, Texas Constitution.
2174	2179		If this Act does not receive the vote necessary for immediate
2175	2180		effect, this Act takes effect September 1, 2025.
2176	2181		(b) Except as provided by Subsection (c) of this section,
2177	2182		the amendments made by this Act to Chapter 48, Education Code, take
2178	2183		effect September 1, 2025.
2179	2184		(c) Sections 48.009(b), 48.051(a), 48.102, 48.103(b), (c),
2180	2185		and (d), and 48.279(e), Education Code, as amended by this Act, and
2181	2186		Sections 48.1021 and 48.1022, Education Code, as added by this Act,
2182	2187		take effect September 1, 2026.
	2188	+	* * * * *