Bill Text: TX SB568 | 2025-2026 | 89th Legislature | Introduced

Bill Title: Relating to special education in public schools, including funding for special education under the Foundation School Program.

Spectrum: Slight Partisan Bill (Republican 6-3)

Status: (Introduced) 2024-12-12 - Filed [SB568 Detail]

Download: Texas-2025-SB568-Introduced.html
  89R1978 KJE-F
 
  By: Bettencourt, et al. S.B. No. 568
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to special education in public schools, including funding
  for special education under the Foundation School Program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 8.051(d), Education Code, is amended to
  read as follows:
         (d)  Each regional education service center shall maintain
  core services for purchase by school districts and campuses.  The
  core services are:
               (1)  training and assistance in:
                     (A)  teaching each subject area assessed under
  Section 39.023; and
                     (B)  providing instruction in personal financial
  literacy as required under Section 28.0021;
               (2)  training and assistance in providing each program
  that qualifies for a funding allotment under Section 48.102,
  48.1021, 48.104, 48.105, or 48.109;
               (3)  assistance specifically designed for a school
  district or campus assigned an unacceptable performance rating
  under Section 39.054;
               (4)  training and assistance to teachers,
  administrators, members of district boards of trustees, and members
  of site-based decision-making committees;
               (5)  assistance specifically designed for a school
  district that is considered out of compliance with state or federal
  special education requirements, based on the agency's most recent
  compliance review of the district's special education programs; and
               (6)  assistance in complying with state laws and rules.
         SECTION 2.  Section 29.001, Education Code, is amended to
  read as follows:
         Sec. 29.001.  IMPLEMENTATION OF SPECIAL EDUCATION
  LAW [STATEWIDE PLAN].  (a)  As the state education agency
  responsible for carrying out the purposes of Part B, Individuals
  with Disabilities Education Act (20 U.S.C. Section 1411 et seq.),
  the [The] agency shall develop, and revise [modify] as necessary, a
  comprehensive system to ensure statewide and local compliance
  [design, consistent] with federal and state law related to special
  education[, for the delivery of services to children with
  disabilities in this state that includes rules for the
  administration and funding of the special education program so that
  a free appropriate public education is available to all of those
  children between the ages of three and 21].
         (b)  The comprehensive system [statewide design] shall
  include the provision of services primarily through school
  districts and shared services arrangements, supplemented by
  regional education service centers.
         (c)  The comprehensive system [agency] shall focus on
  maximizing student outcomes and include [also develop and implement
  a statewide plan with programmatic content that includes procedures
  designed to]:
               (1)  rulemaking, technical assistance, guidance
  documents, monitoring protocols, and other resources as necessary
  to implement and ensure compliance with federal and state law
  related to special education [ensure state compliance with
  requirements for supplemental federal funding for all
  state-administered programs involving the delivery of
  instructional or related services to students with disabilities];
               (2)  the facilitation of [facilitate] interagency
  coordination when other state agencies are involved in the delivery
  of instructional or related services to students with disabilities;
               (3)  the pursuit of [periodically assess statewide
  personnel needs in all areas of specialization related to special
  education and pursue] strategies to meet statewide special
  education and related services personnel [those] needs [through a
  consortium of representatives from regional education service
  centers, local education agencies, and institutions of higher
  education and through other available alternatives];
               (4)  ensuring [ensure] that regional education service
  centers throughout the state maintain a regional support function,
  which may include direct service delivery and a component designed
  to facilitate the placement of students with disabilities who
  cannot be appropriately served in their resident districts;
               (5)  [allow the agency to] effectively monitoring
  [monitor] and periodically conducting [conduct] site visits of all
  school districts to ensure that rules adopted under this subchapter
  [section] are applied in a consistent and uniform manner, to ensure
  that districts are complying with those rules, and to ensure that
  annual statistical reports filed by the districts and not otherwise
  available through the Public Education Information Management
  System under Sections 48.008 and 48.009 are accurate and complete;
  and
               (6)  the provision of training and technical assistance
  to ensure that:
                     (A)  appropriately trained personnel are involved
  in the diagnostic and evaluative procedures operating in all
  districts and that those personnel routinely serve on district
  admissions, review, and dismissal committees;
                     (B)  [(7)  ensure that] an individualized
  education program for each student with a disability is properly
  developed, implemented, and maintained in the least restrictive
  environment that is appropriate to meet the student's educational
  needs;
                     (C)  [(8)  ensure that,] when appropriate, each
  student with a disability is provided an opportunity to participate
  in career and technology and physical education classes[, in
  addition to participating in regular or special classes];
                     (D)  [(9)  ensure that] each student with a
  disability is provided necessary related services;
                     (E)  [(10)  ensure that] an individual assigned
  to act as a surrogate parent for a child with a disability, as
  provided by 20 U.S.C. Section 1415(b), is required to:
                           (i) [(A)]  complete a training program that
  complies with minimum standards established by agency rule;
                           (ii) [(B)]  visit the child and the child's
  school;
                           (iii) [(C)]  consult with persons involved
  in the child's education, including teachers, caseworkers,
  court-appointed volunteers, guardians ad litem, attorneys ad
  litem, foster parents, and caretakers;
                           (iv) [(D)]  review the child's educational
  records;
                           (v) [(E)]  attend meetings of the child's
  admission, review, and dismissal committee;
                           (vi) [(F)]  exercise independent judgment
  in pursuing the child's interests; and
                           (vii) [(G)]  exercise the child's due
  process rights under applicable state and federal law; and
                     (F)  [(11)  ensure that] each district develops a
  process to be used by a teacher who instructs a student with a
  disability in a regular classroom setting:
                           (i) [(A)]  to request a review of the
  student's individualized education program;
                           (ii) [(B)]  to provide input in the
  development of the student's individualized education program;
                           (iii) [(C)]  that provides for a timely
  district response to the teacher's request; and
                           (iv) [(D)]  that provides for notification
  to the student's parent or legal guardian of that response.
         SECTION 3.  Subchapter A, Chapter 29, Education Code, is
  amended by adding Section 29.0012 to read as follows:
         Sec. 29.0012.  ANNUAL MEETING ON SPECIAL EDUCATION. (a)  At
  least once each year, the board of trustees of a school district or
  the governing body of an open-enrollment charter school shall
  include during a public meeting a discussion of the performance of
  students receiving special education services at the district or
  school.
         (b)  The agency by rule shall adopt a set of performance
  indicators for measuring and evaluating the quality of learning and
  achievement for students receiving special education services at
  the school district or open-enrollment charter school to be
  considered at a meeting held under this section.  The indicators
  must include performance on the college, career, or military
  readiness outcomes described by Section 48.110.
         SECTION 4.  Section 29.003, Education Code, is amended to
  read as follows:
         Sec. 29.003.  ELIGIBILITY CRITERIA.  (a)  The agency shall
  develop specific eligibility criteria based on the general
  classifications established by this section and in accordance with
  federal law [with reference to contemporary diagnostic or
  evaluative terminologies and techniques].  Eligible students with
  disabilities shall enjoy the right to a free appropriate public
  education, which may include instruction in the regular classroom,
  instruction through special teaching, or instruction through
  contracts approved under this subchapter.  Instruction shall be
  supplemented by the provision of related services when appropriate.
         (b)  A student is eligible to participate in a school
  district's special education program [if the student]:
               (1)  from birth through [is not more than] 21 years of
  age if the student [and] has a visual [or auditory] impairment or is
  deaf or hard of hearing and that disability prevents the student
  from being adequately or safely educated in public school without
  the provision of special education services; [or]
               (2)  from three years of age through five years of age
  if the student is experiencing developmental delays as described by
  20 U.S.C. Section 1401(3)(B) and defined by commissioner rule; or
               (3)  from 3 years of age through [is at least three but
  not more than] 21 years of age if the student [and] has one or more
  of the [following] disabilities described by 20 U.S.C. Section
  1401(3)(A) and that disability prevents the student from being
  adequately or safely educated in public school without the
  provision of special education services[:
                     [(A)  physical disability;
                     [(B)  intellectual or developmental disability;
                     [(C)  emotional disturbance;
                     [(D)  learning disability;
                     [(E)  autism;
                     [(F)  speech disability; or
                     [(G)  traumatic brain injury].
         SECTION 5.  Sections 29.005(d) and (e), Education Code, are
  amended to read as follows:
         (d)  If the child's parent primarily uses a language or mode
  of communication other than [is unable to speak] English, the
  district shall:
               (1)  if the parent primarily uses Spanish, provide the
  parent with a written or audiotaped copy of the child's
  individualized education program translated into Spanish [if
  Spanish is the parent's native language]; or
               (2)  if the parent primarily uses a [parent's native]
  language or mode of communication [is a language] other than
  Spanish, make a good faith effort to provide the parent with a
  written or audiotaped copy of the child's individualized education
  program translated into the parent's primary [native] language or
  mode of communication.
         (e)  The commissioner by rule may require a school district
  to include in the individualized education program of a student
  with autism [or another pervasive developmental disorder] any
  information or requirement determined necessary to ensure the
  student receives a free appropriate public education as required
  under the Individuals with Disabilities Education Act (20 U.S.C.
  Section 1400 et seq.).
         SECTION 6.  Subchapter A, Chapter 29, Education Code, is
  amended by adding Section 29.0056 to read as follows:
         Sec. 29.0056.  INFORMATION REGARDING STATE SUPPORTED LIVING
  CENTERS. (a)  In this section, "state supported living center" has
  the meaning assigned by Section 531.002, Health and Safety Code.
         (b)  The Health and Human Services Commission, in
  collaboration with the agency and stakeholders who represent the
  full continuum of educational residential placement options, shall
  develop and provide to the agency materials regarding educational
  residential placement options for children who may qualify for
  placement in a state supported living center. The agency shall make
  the materials developed under this subsection available to school
  districts.
         (c)  At a meeting of a child's admission, review, and
  dismissal committee at which residential placement is discussed,
  the school district shall provide to the child's parent the
  materials developed under Subsection (b).
         SECTION 7.  Section 29.008, Education Code, is amended by
  amending Subsections (a) and (b) and adding Subsection (a-1) to
  read as follows:
         (a)  The commissioner shall establish a list of approved
  public or private facilities, institutions, or agencies inside or
  outside of this state that a [A] school district, shared services
  arrangement unit, or regional education service center may contract
  with [a public or private facility, institution, or agency inside
  or outside of this state] for the provision of services to students
  with disabilities in a residential placement.  The commissioner may
  approve either the whole or a part of a facility or program.
         (a-1)  Each contract described by this section [for
  residential placement] must be approved by the commissioner.  The
  commissioner may approve a [residential placement] contract under
  this section only after at least a programmatic evaluation of
  personnel qualifications, costs, adequacy of physical plant and
  equipment, and curriculum content.  [The commissioner may approve
  either the whole or a part of a facility or program.]
         (b)  Except as provided by Subsection (c), costs of an
  approved contract for residential placement may be paid from a
  combination of federal, state, and local funds.  The local share of
  the total contract cost for each student is that portion of the
  local tax effort that exceeds the district's local fund assignment
  under Section 48.256, divided by the average daily attendance in
  the district.  If the contract involves a private facility, the
  state share of the total contract cost is that amount remaining
  after subtracting the local share.  If the contract involves a
  public facility, the state share is that amount remaining after
  subtracting the local share from the portion of the contract that
  involves the costs of instructional and related services.  For
  purposes of this subsection, "local tax effort" means the total
  amount of money generated by taxes imposed for debt service and
  maintenance and operation less any amounts paid into a tax
  increment fund under Chapter 311, Tax Code.  This subsection
  expires September 1, 2029.
         SECTION 8.  The heading to Section 29.009, Education Code,
  is amended to read as follows:
         Sec. 29.009.  PUBLIC NOTICE CONCERNING EARLY CHILDHOOD
  SPECIAL EDUCATION [PRESCHOOL] PROGRAMS [FOR STUDENTS WITH
  DISABILITIES].
         SECTION 9.  Section 29.010, Education Code, is amended to
  read as follows:
         Sec. 29.010.  GENERAL SUPERVISION AND COMPLIANCE.  (a)  The
  agency shall develop [adopt] and implement a comprehensive system
  for monitoring school district compliance with federal and state
  laws relating to special education.  The monitoring system must
  include a comprehensive cyclical process and a targeted risk-based
  process [provide for ongoing analysis of district special education
  data and of complaints filed with the agency concerning special
  education services and for inspections of school districts at
  district facilities].  The agency shall establish criteria and
  instruments for use in determining district compliance under this
  section [use the information obtained through analysis of district
  data and from the complaints management system to determine the
  appropriate schedule for and extent of the inspection].
         (b)  As part of the monitoring process [To complete the
  inspection], the agency must obtain information from parents and
  teachers of students in special education programs in the district.
         (c)  The agency shall develop and implement a system of
  interventions and sanctions for school districts the agency
  identifies as being in noncompliance with [whose most recent
  monitoring visit shows a failure to comply with major requirements
  of] the Individuals with Disabilities Education Act (20 U.S.C.
  Section 1400 et seq.), federal regulations, state statutes, or
  agency requirements necessary to carry out federal law or
  regulations or state law relating to special education.
         (d)  The agency shall establish a graduated process of
  sanctions to apply to [For] districts that remain in noncompliance
  for more than one year[, the first stage of sanctions shall begin
  with annual or more frequent monitoring visits]. The [Subsequent]
  sanctions shall [may] range in severity and may include [up to] the
  withholding of funds.  If funds are withheld, the agency may use the
  funds to provide, through alternative arrangements, services to
  students and staff members in the district from which the funds are
  withheld.
         (e)  The agency's complaint management division shall
  develop a system for expedited investigation and resolution of
  complaints concerning a district's failure to provide special
  education or related services to a student eligible to participate
  in the district's special education program.
         [(f)  This section does not create an obligation for or
  impose a requirement on a school district or open-enrollment
  charter school that is not also created or imposed under another
  state law or a federal law.]
         SECTION 10.  Section 29.014(d), Education Code, is amended
  to read as follows:
         (d)  The basic allotment for a student enrolled in a district
  to which this section applies is adjusted by the tier of intensity
  of service defined in accordance with [weight for a homebound
  student under] Section 48.102 and designated by commissioner rule
  for use under this section [48.102(a)].
         SECTION 11.  Sections 29.022(a), (a-1), (b), (c), (c-1),
  (d), (f), (h), (k), (l), (s), and (t), Education Code, are amended
  to read as follows:
         (a)  In order to promote student safety, on receipt of a
  written request authorized under Subsection (a-1), a school
  district or open-enrollment charter school shall provide
  equipment, including a video camera, to the school or schools in the
  district or the charter school campus or campuses specified in the
  request.  A school or campus that receives equipment as provided by
  this subsection shall place, operate, and maintain one or more
  video cameras in special education [self-contained] classrooms and
  other special education settings [in which a majority of the
  students in regular attendance are provided special education and
  related services and are assigned to one or more self-contained
  classrooms or other special education settings for at least 50
  percent of the instructional day], provided that:
               (1)  a school or campus that receives equipment as a
  result of the request by a parent or staff member is required to
  place equipment only in classrooms or settings in which the
  parent's child is in regular attendance or to which the staff member
  is assigned, as applicable; and
               (2)  a school or campus that receives equipment as a
  result of the request by a board of trustees, governing body,
  principal, or assistant principal is required to place equipment
  only in classrooms or settings identified by the requestor, if the
  requestor limits the request to specific classrooms or settings
  subject to this subsection.
         (a-1)  For purposes of Subsection (a):
               (1)  a parent of a child who receives special education
  services in one or more special education [self-contained]
  classrooms or other special education settings may request in
  writing that equipment be provided to the school or campus at which
  the child receives those services;
               (2)  a board of trustees or governing body may request
  in writing that equipment be provided to one or more specified
  schools or campuses at which one or more children receive special
  education services in special education [self-contained]
  classrooms or other special education settings;
               (3)  the principal or assistant principal of a school
  or campus at which one or more children receive special education
  services in special education [self-contained] classrooms or other
  special education settings may request in writing that equipment be
  provided to the principal's or assistant principal's school or
  campus; and
               (4)  a staff member assigned to work with one or more
  children receiving special education services in special education
  [self-contained] classrooms or other special education settings
  may request in writing that equipment be provided to the school or
  campus at which the staff member works.
         (b)  A school or campus that places a video camera in a
  special education classroom or other special education setting in
  accordance with Subsection (a) shall operate and maintain the video
  camera in the classroom or setting, as long as the classroom or
  setting continues to satisfy the requirements under Subsection (a),
  for the remainder of the school year in which the school or campus
  received the request, unless the requestor withdraws the request in
  writing.  If for any reason a school or campus will discontinue
  operation of a video camera during a school year, not later than the
  fifth school day before the date the operation of the video camera
  will be discontinued, the school or campus must notify the parents
  of each student in regular attendance in the classroom or setting
  that operation of the video camera will not continue unless
  requested by a person eligible to make a request under Subsection
  (a-1).  Not later than the 10th school day before the end of each
  school year, the school or campus must notify the parents of each
  student in regular attendance in the classroom or setting that
  operation of the video camera will not continue during the
  following school year unless a person eligible to make a request for
  the next school year under Subsection (a-1) submits a new request.
         (c)  Except as provided by Subsection (c-1), video cameras
  placed under this section must be capable of:
               (1)  covering all areas of the special education
  classroom or other special education setting, including a room
  attached to the classroom or setting used for time-out; and
               (2)  recording audio from all areas of the special
  education classroom or other special education setting, including a
  room attached to the classroom or setting used for time-out.
         (c-1)  The inside of a bathroom or any area in the special
  education classroom or other special education setting in which a
  student's clothes are changed may not be visually monitored, except
  for incidental coverage of a minor portion of a bathroom or changing
  area because of the layout of the classroom or setting.
         (d)  Before a school or campus activates a video camera in a
  special education classroom or other special education setting
  under this section, the school or campus shall provide written
  notice of the placement to all school or campus staff and to the
  parents of each student attending class or engaging in school
  activities in the classroom or setting.
         (f)  A school district or open-enrollment charter school may
  solicit and accept gifts, grants, and donations from any person for
  use in placing video cameras in special education classrooms or
  other special education settings under this section.
         (h)  A school district or open-enrollment charter school may
  not:
               (1)  allow regular or continual monitoring of video
  recorded under this section; or
               (2)  use video recorded under this section for teacher
  evaluation or for any other purpose other than the promotion of
  safety of students receiving special education services in a
  special education [self-contained] classroom or other special
  education setting.
         (k)  The commissioner may adopt rules to implement and
  administer this section, including rules regarding the special
  education classrooms and other special education settings to which
  this section applies.
         (l)  A school district or open-enrollment charter school
  policy relating to the placement, operation, or maintenance of
  video cameras under this section must:
               (1)  include information on how a person may appeal an
  action by the district or school that the person believes to be in
  violation of this section or a policy adopted in accordance with
  this section, including the appeals process under Section 7.057;
               (2)  require that the district or school provide a
  response to a request made under this section not later than the
  seventh school business day after receipt of the request by the
  person to whom it must be submitted under Subsection (a-3) that
  authorizes the request or states the reason for denying the
  request;
               (3)  except as provided by Subdivision (5), require
  that a school or a campus begin operation of a video camera in
  compliance with this section not later than the 45th school
  business day, or the first school day after the 45th school business
  day if that day is not a school day, after the request is authorized
  unless the agency grants an extension of time;
               (4)  permit the parent of a student whose admission,
  review, and dismissal committee has determined that the student's
  placement for the following school year will be in a special
  education classroom or other special education setting in which a
  video camera may be placed under this section to make a request for
  the video camera by the later of:
                     (A)  the date on which the current school year
  ends; or
                     (B)  the 10th school business day after the date
  of the placement determination by the admission, review, and
  dismissal committee; and
               (5)  if a request is made by a parent in compliance with
  Subdivision (4), unless the agency grants an extension of time,
  require that a school or campus begin operation of a video camera in
  compliance with this section not later than the later of:
                     (A)  the 10th school day of the fall semester; or
                     (B)  the 45th school business day, or the first
  school day after the 45th school business day if that day is not a
  school day, after the date the request is made.
         (s)  This section applies to the placement, operation, and
  maintenance of a video camera in a special education
  [self-contained] classroom or other special education setting
  during the regular school year and extended school year services.
         (t)  A video camera placed under this section is not required
  to be in operation for the time during which students are not
  present in the special education classroom or other special
  education setting.
         SECTION 12.  Sections 29.022(u)(3) and (4), Education Code,
  are amended to read as follows:
               (3)  "Special education classroom or other special
  education setting" means a classroom or setting primarily used for
  delivering special education services to students who spend on
  average less than 50 percent of an instructional day in a general
  education classroom or setting ["Self-contained classroom" does
  not include a classroom that is a resource room instructional
  arrangement under Section 48.102].
               (4)  "Staff member" means a teacher, related service
  provider, paraprofessional, counselor, or educational aide
  assigned to work in a special education [self-contained] classroom
  or other special education setting.
         SECTION 13.  Subchapter A, Chapter 29, Education Code, is
  amended by adding Sections 29.023, 29.024, and 29.025 to read as
  follows:
         Sec. 29.023.  GRANT PROGRAM PROVIDING SERVICES TO STUDENTS
  WITH AUTISM. (a)  The commissioner shall establish a program to
  award grants to school districts and open-enrollment charter
  schools that provide innovative services to students with autism.
         (b)  A school district, including a school district acting
  through a district charter issued under Subchapter C, Chapter 12,
  and an open-enrollment charter school, including a charter school
  that primarily serves students with disabilities, as provided under
  Section 12.1014, may apply for a grant under this section.
         (c)  A program is eligible for a grant under this section if
  the program:
               (1)  incorporates:
                     (A)  evidence-based and research-based design;
                     (B)  the use of empirical data on student
  achievement and improvement;
                     (C)  parental support and collaboration;
                     (D)  the use of technology;
                     (E)  meaningful inclusion; and
                     (F)  the ability to replicate the program for
  students statewide; and
               (2)  gives priority for enrollment to students with
  autism.
         (d)  A school district or open-enrollment charter school may
  not:
               (1)  charge a fee for the program, other than those
  authorized by law for students in public schools;
               (2)  require a parent to enroll a child in the program;
               (3)  allow an admission, review, and dismissal
  committee to place a student in the program without the written
  consent of the student's parent or guardian; or
               (4)  continue the placement of a student in the program
  after the student's parent or guardian revokes consent, in writing,
  to the student's placement in the program.
         (e)  A program under this section may:
               (1)  alter the length of the school day or school year
  or the number of minutes of instruction received by students;
               (2)  coordinate services with private or
  community-based providers;
               (3)  allow the enrollment of students without
  disabilities or with other disabilities, if approved by the
  commissioner; and
               (4)  adopt staff qualifications and staff-to-student
  ratios that differ from the applicable requirements of this title.
         (f)  The commissioner shall create an external panel of
  stakeholders, including parents of students with disabilities, to
  provide assistance in the selection of applications for the award
  of grants under this section.
         (g)  In selecting programs to receive a grant under this
  section, the commissioner shall prioritize programs that are
  collaborations between multiple school districts, multiple charter
  schools, or school districts and charter schools.  The selected
  programs must reflect the diversity of this state.
         (h)  A program selected to receive a grant under this section
  is to be funded for two years.
         (i)  A grant awarded to a school district or open-enrollment
  charter school under this section is in addition to the Foundation
  School Program money that the district or charter school is
  otherwise entitled to receive.  A grant awarded under this section
  may not come out of Foundation School Program money.
         (j)  The commissioner shall use money appropriated or
  otherwise available to fund grants under this section.
         (k)  The commissioner and any program selected under this
  section may accept gifts, grants, and donations from any public or
  private source, person, or group to implement and administer the
  program.  The commissioner and any program selected under this
  section may not require any financial contribution from parents to
  implement and administer the program.
         (l)  A regional education service center may administer
  grants awarded under this section.
         Sec. 29.024.  GRANT PROGRAM PROVIDING TRAINING IN DYSLEXIA
  FOR TEACHERS AND STAFF. (a)  The commissioner shall establish a
  program to award grants to school districts and open-enrollment
  charter schools to increase local capacity to appropriately serve
  students with dyslexia.
         (b)  A school district, including a school district acting
  through a district charter issued under Subchapter C, Chapter 12,
  or an open-enrollment charter school, including a charter school
  that primarily serves students with disabilities, as provided under
  Section 12.1014, is eligible to apply for a grant under this section
  if the district or school submits to the commissioner a proposal on
  the use of grant funds that:
               (1)  incorporates  evidence-based and research-based
  design; and
               (2)  increases local capacity to appropriately serve
  students with dyslexia by providing:
                     (A)  high-quality training to classroom teachers
  and administrators in meeting the needs of students with dyslexia;
  or
                     (B)  training to intervention staff resulting in
  appropriate credentialing related to dyslexia.
         (c)   The commissioner shall create an external panel of
  stakeholders, including parents of students with disabilities, to
  provide assistance in the selection of applications for the award
  of grants under this section.
         (d)  A grant under this section is to be awarded for two
  years.
         (e)  A grant awarded to a school district or open-enrollment
  charter school under this section is in addition to the Foundation
  School Program money that the district or charter school is
  otherwise entitled to receive. A grant awarded under this section
  may not come out of Foundation School Program money.
         (f)  The commissioner shall use money appropriated or
  otherwise available to fund grants under this section.
         (g)  The commissioner and any grant recipient selected under
  this section may accept gifts, grants, and donations from any
  public or private source, person, or group to implement and
  administer the grant.  The commissioner and any grant recipient
  selected under this section may not require any financial
  contribution from parents to implement and administer the grant.
         (h)  A regional education service center may administer
  grants awarded under this section.
         Sec. 29.025.  SUPPORTS FOR RECRUITING SPECIAL EDUCATION
  STAFF. (a) From money appropriated or otherwise available for the
  purpose, the agency shall provide grants to school districts and
  open-enrollment charter schools to increase the number of qualified
  and appropriately credentialed special education staff, including
  special education teachers, special education paraprofessionals,
  evaluation personnel, ancillary instruction personnel, and related
  service personnel.
         (b)  A school district or open-enrollment charter school
  that receives a grant under this section shall require each person
  the district or school uses the grant money to assist in becoming
  licensed, certified, or otherwise credentialed as described by
  Subsection (a) to work at the district or school for a period
  established by commissioner rule.
         (c)  The commissioner shall adopt rules establishing the
  period of required employment described by Subsection (b) and any
  other rules necessary to implement this section.
         SECTION 14.  The heading to Subchapter A-1, Chapter 29,
  Education Code, is amended to read as follows:
  SUBCHAPTER A-1. PARENT-DIRECTED [SUPPLEMENTAL SPECIAL EDUCATION]
  SERVICES FOR STUDENTS RECEIVING SPECIAL EDUCATION SERVICES
  [PROGRAM]
         SECTION 15.  Sections 29.041(2) and (3), Education Code, are
  amended to read as follows:
               (2)  "Supplemental [special education] instructional
  materials" includes textbooks, computer hardware or software,
  other technological devices, and other materials suitable for
  addressing an educational need of a student receiving special
  education services under Subchapter A.
               (3)  "Supplemental [special education] services" means
  an additive service that provides an educational benefit to a
  student receiving special education services under Subchapter A,
  including:
                     (A)  occupational therapy, physical therapy, and
  speech therapy; and
                     (B)  private tutoring and other supplemental
  private instruction or programs.
         SECTION 16.  Sections 29.042(a) and (c), Education Code, are
  amended to read as follows:
         (a)  The agency by rule shall establish and administer a
  parent-directed [supplemental special education services and
  instructional materials] program for students receiving special
  education services through which a parent may direct supplemental
  services and supplemental instructional materials for the parent's
  student [students] who meets [meet] the eligibility requirements
  for participation in the program. Subject to Subsection (c), the
  agency shall provide each student approved as provided by this
  subchapter a grant in the amount provided under Section 48.306 [of
  not more than $1,500] to purchase supplemental [special education]
  services and supplemental [special education] instructional
  materials.
         (c)  A student may receive one grant under this subchapter
  unless the legislature appropriates money for an additional grant
  in the General Appropriations Act [The commissioner shall set aside
  an amount set by appropriation for each state fiscal year to fund
  the program under this section. For each state fiscal year, the
  total amount provided for student grants under Subsection (a) may
  not exceed the amount set aside by the commissioner under this
  subsection].
         SECTION 17.  Section 29.045, Education Code, is amended to
  read as follows:
         Sec. 29.045.  APPROVAL OF APPLICATION; ASSIGNMENT OF
  ACCOUNT. The [Subject to available funding the] agency shall
  approve each student who meets the program eligibility criteria
  established under Section 29.044 and assign to the student an
  account maintained under Section 29.042(b). The account may only
  be used by the student's parent to purchase supplemental [special
  education] services or supplemental [special education]
  instructional materials for the student, subject to Sections 29.046
  and 29.047.
         SECTION 18.  Sections 29.046(a) and (b), Education Code, are
  amended to read as follows:
         (a)  Money in an account assigned to a student under Section
  29.045 may be used only for supplemental [special education]
  services and supplemental [special education] instructional
  materials.
         (b)  Supplemental [special education] services must be
  provided by an agency-approved provider.
         SECTION 19.  Sections 29.047(a), (c), (d), and (e),
  Education Code, are amended to read as follows:
         (a)  The agency shall establish criteria necessary for
  agency approval for each category of provider of a professional
  service that is a supplemental [special education] service, as
  identified by the agency.
         (c)  The agency shall provide a procedure for providers of
  supplemental [special education] services to apply to the agency to
  become an agency-approved provider.
         (d)  The agency may establish criteria for agency approval of
  vendors for each category of supplemental [special education]
  instructional materials identified by the agency.
         (e)  If the agency establishes criteria for agency approval
  for a vendor of a category of supplemental [special education]
  instructional materials, the agency shall provide a procedure for
  vendors of that category to apply to the agency to become an
  agency-approved vendor.
         SECTION 20.  Subchapter A-1, Chapter 29, Education Code, is
  amended by adding Section 29.0475 to read as follows:
         Sec. 29.0475.  PROGRAM PARTICIPANT, PROVIDER, AND VENDOR
  AUTONOMY. (a) A provider of supplemental services or vendor of
  supplemental instructional materials that receives money
  distributed under the program is not a recipient of federal
  financial assistance on the basis of receiving that money.
         (b)  A rule adopted or action taken related to the program by
  an individual, governmental entity, court of law, or program
  administrator may not:
               (1)  consider the actions of a provider of supplemental
  services, vendor of supplemental instructional materials, or
  program participant to be the actions of an agent of state
  government;
               (2)  limit:
                     (A)  a provider of supplemental services' ability
  to determine the methods used to educate the provider's students or
  to exercise the provider's religious or institutional values; or
                     (B)  a program participant's ability to determine
  the participant's educational content or to exercise the
  participant's religious values;
               (3)  obligate a provider of supplemental services or
  program participant to act contrary to the provider's or
  participant's religious or institutional values, as applicable;
               (4)  impose any regulation on a provider of
  supplemental services, vendor of supplemental instructional
  materials, or program participant beyond those regulations
  necessary to enforce the requirements of the program; or
               (5)  require as a condition of receiving money
  distributed under the program:
                     (A)  a provider of supplemental services to modify
  the provider's creed, practices, admissions policies, curriculum,
  performance standards, employment policies, or assessments; or
                     (B)  a program participant to modify the
  participant's creed, practices, curriculum, performance standards,
  or assessments.
         (c)  In a proceeding challenging a rule adopted by a state
  agency or officer under this subchapter, the agency or officer has
  the burden of proof to establish by clear and convincing evidence
  that the rule:
               (1)  is necessary to implement or enforce the program
  as provided by this subchapter;
               (2)  does not violate this section;
               (3)  does not impose an undue burden on a program
  participant or a provider of supplemental services or vendor of
  supplemental instructional materials that participates or applies
  to participate in the program; and
               (4)  is the least restrictive means of accomplishing
  the purpose of the program while recognizing the independence of a
  provider of supplemental services to meet the educational needs of
  students in accordance with the provider's religious or
  institutional values.
         SECTION 21.  Section 29.048, Education Code, is amended to
  read as follows:
         Sec. 29.048.  ADMISSION, REVIEW, AND DISMISSAL COMMITTEE
  DUTIES. (a) A student's admission, review, and dismissal
  committee shall develop a student's individualized education
  program under Section 29.005, in compliance with the Individuals
  with Disabilities Education Act (20 U.S.C. Section 1400 et seq.),
  without consideration of any supplemental [special education]
  services or supplemental instructional materials that may be
  provided under the program under this subchapter.
         (b)  Unless the district first verifies that an account has
  been assigned to the student under Section 29.045, the [The]
  admission, review, and dismissal committee of a student approved
  for participation in the program shall provide to the student's
  parent at an admission, review, and dismissal committee meeting for
  the student:
               (1)  information regarding the types of supplemental
  [special education] services or supplemental instructional
  materials available under the program and provided by
  agency-approved providers for which an account maintained under
  Section 29.042(b) for the student may be used; and
               (2)  instructions regarding accessing an account
  described by Subdivision (1).
         SECTION 22.  Subchapter A-1, Chapter 29, Education Code, is
  amended by adding Section 29.0485 to read as follows:
         Sec. 29.0485.  DETERMINATION OF COMMISSIONER FINAL.
  Notwithstanding Section 7.057, a determination of the commissioner
  under this subchapter is final and may not be appealed.
         SECTION 23.  Section 29.049, Education Code, is amended to
  read as follows:
         Sec. 29.049.  RULES. The commissioner shall adopt rules as
  necessary to administer the supplemental [special education]
  services and supplemental instructional materials program under
  this subchapter.
         SECTION 24.  Section 29.315, Education Code, is amended to
  read as follows:
         Sec. 29.315.  TEXAS SCHOOL FOR THE DEAF MEMORANDUM OF
  UNDERSTANDING. The Texas Education Agency and the Texas School for
  the Deaf shall develop[, agree to, and by commissioner rule adopt no
  later than September 1, 1998,] a memorandum of understanding to
  establish:
               (1)  the method for developing and reevaluating a set
  of indicators of the quality of learning at the Texas School for the
  Deaf;
               (2)  the process for the agency to conduct and report on
  an annual evaluation of the school's performance on the indicators;
               (3)  the requirements for the school's board to
  publish, discuss, and disseminate an annual report describing the
  educational performance of the school;
               (4)  the process for the agency to assign an
  accreditation status to the school, to reevaluate the status on an
  annual basis, and, if necessary, to conduct monitoring reviews; and
               (5)  the type of information the school shall be
  required to provide through the Public Education Information
  Management System (PEIMS).
         SECTION 25.  Section 29.316(c), Education Code, is amended
  to read as follows:
         (c)  Not later than August 31 of each year, the agency, the
  division, and the center jointly shall prepare and post on the
  agency's, the division's, and the center's respective Internet
  websites a report on the language acquisition of children eight
  years of age or younger who are deaf or hard of hearing. The report
  must:
               (1)  include:
                     (A)  existing data reported in compliance with
  federal law regarding children with disabilities; and
                     (B)  information relating to the language
  acquisition of children who are deaf or hard of hearing and also
  have other disabilities;
               (2)  state for each child:
                     (A)  the percentage of the instructional day
  [arrangement used with the child, as described by Section 48.102,
  including the time] the child spends on average in a general
  education setting [mainstream instructional arrangement];
                     (B)  the specific language acquisition services
  provided to the child, including:
                           (i)  the time spent providing those
  services; and
                           (ii)  a description of any hearing
  amplification used in the delivery of those services, including:
                                 (a)  the type of hearing amplification
  used;
                                 (b)  the period of time in which the
  child has had access to the hearing amplification; and
                                 (c)  the average amount of time the
  child uses the hearing amplification each day;
                     (C)  the tools or assessments used to assess the
  child's language acquisition and the results obtained;
                     (D)  the preferred unique communication mode used
  by the child at home; and
                     (E)  the child's age, race, and gender, the age at
  which the child was identified as being deaf or hard of hearing, and
  any other relevant demographic information the commissioner
  determines to likely be correlated with or have an impact on the
  child's language acquisition;
               (3)  compare progress in English literacy made by
  children who are deaf or hard of hearing to progress in that subject
  made by children of the same age who are not deaf or hard of hearing,
  by appropriate age range; and
               (4)  be redacted as necessary to comply with state and
  federal law regarding the confidentiality of student medical or
  educational information.
         SECTION 26.  Section 30.001(b), Education Code, is amended
  to read as follows:
         (b)  The commissioner, with the approval of the State Board
  of Education, shall develop and implement a plan for the
  coordination of services to children with disabilities in each
  region served by a regional education service center.  The plan
  must include procedures for:
               (1)  identifying existing public or private
  educational and related services for children with disabilities in
  each region;
               (2)  identifying and referring children with
  disabilities who cannot be appropriately served by the school
  district in which they reside to other appropriate programs;
               (3)  assisting school districts to individually or
  cooperatively develop programs to identify and provide appropriate
  services for children with disabilities;
               (4)  expanding and coordinating services provided by
  regional education service centers for children with disabilities;
  and
               (5)  providing for special education supports
  [services], including special seats, books, instructional media,
  and other supplemental supplies and services required for proper
  instruction.
         SECTION 27.  Sections 30.002(a), (b), (c), and (g),
  Education Code, are amended to read as follows:
         (a)  The agency shall develop and administer a comprehensive
  statewide plan for the education of children with visual
  impairments who are under 22 [21] years of age that will ensure that
  the children have an opportunity for achievement equal to the
  opportunities afforded their peers with normal vision.
         (b)  The agency shall:
               (1)  develop standards and guidelines for all special
  education services for children with visual impairments that it is
  authorized to provide or support under this code;
               (2)  supervise regional education service centers and
  other entities in assisting school districts in serving children
  with visual impairments more effectively;
               (3)  develop and administer special education services
  for students who both have [with both serious] visual [and
  auditory] impairments and are deaf or hard of hearing;
               (4)  evaluate special education services provided for
  children with visual impairments by school districts and approve or
  disapprove state funding of those services; and
               (5)  maintain an effective liaison between special
  education programs provided for children with visual impairments by
  school districts and related initiatives of the Health and Human
  Services Commission, the Department of State Health Services Mental
  Health and Substance Abuse Division, the Texas Workforce
  Commission, and other related programs, agencies, or facilities as
  appropriate.
         (c)  The comprehensive statewide plan for the education of
  children with visual impairments must:
               (1)  adequately provide for comprehensive diagnosis
  and evaluation of each school-age child with a [serious] visual
  impairment;
               (2)  include the procedures, format, and content of the
  individualized education program for each child with a visual
  impairment;
               (3)  emphasize providing educational services to
  children with visual impairments in their home communities whenever
  possible;
               (4)  include methods to ensure that children with
  visual impairments receiving special education services in school
  districts receive, before being placed in a classroom setting or
  within a reasonable time after placement:
                     (A)  evaluation of the impairment; and
                     (B)  instruction in an expanded core curriculum,
  which is required for students with visual impairments to succeed
  in classroom settings and to derive lasting, practical benefits
  from the education provided by school districts, including
  instruction in:
                           (i)  compensatory skills, such as braille
  and concept development, and other skills needed to access the rest
  of the curriculum;
                           (ii)  orientation and mobility;
                           (iii)  social interaction skills;
                           (iv)  career planning;
                           (v)  assistive technology, including
  optical devices;
                           (vi)  independent living skills;
                           (vii)  recreation and leisure enjoyment;
                           (viii)  self-determination; and
                           (ix)  sensory efficiency;
               (5)  provide for flexibility on the part of school
  districts to meet the special needs of children with visual
  impairments through:
                     (A)  specialty staff and resources provided by the
  district;
                     (B)  contractual arrangements with other
  qualified public or private agencies;
                     (C)  supportive assistance from regional
  education service centers or adjacent school districts;
                     (D)  short-term or long-term services through the
  Texas School for the Blind and Visually Impaired or related
  facilities or programs; or
                     (E)  other instructional and service arrangements
  approved by the agency;
               (6)  include a statewide admission, review, and
  dismissal process;
               (7)  provide for effective interaction between the
  visually impaired child's classroom setting and the child's home
  environment, including providing for parental training and
  counseling either by school district staff or by representatives of
  other organizations directly involved in the development and
  implementation of the individualized education program for the
  child;
               (8)  require the continuing education and professional
  development of school district staff providing special education
  services to children with visual impairments;
               (9)  provide for adequate monitoring and precise
  evaluation of special education services provided to children with
  visual impairments through school districts; and
               (10)  require that school districts providing special
  education services to children with visual impairments develop
  procedures for assuring that staff assigned to work with the
  children have prompt and effective access directly to resources
  available through:
                     (A)  cooperating agencies in the area;
                     (B)  the Texas School for the Blind and Visually
  Impaired;
                     (C)  the Central Media Depository for specialized
  instructional materials and aids made specifically for use by
  students with visual impairments;
                     (D)  sheltered workshops participating in the
  state program of purchases of blind-made goods and services; and
                     (E)  related sources.
         (g)  To facilitate implementation of this section, the
  commissioner shall develop a system to distribute from the
  foundation school fund to school districts or regional education
  service centers a special supplemental allowance for each student
  with a visual impairment and for each student with a serious visual
  disability and another medically diagnosed disability of a
  significantly limiting nature who is receiving special education
  services through any approved program.  The supplemental allowance
  may be spent only for special education services uniquely required
  by the nature of the student's disabilities and may not be used in
  lieu of educational funds otherwise available under this code or
  through state or local appropriations.
         SECTION 28.  Section 30.003, Education Code, is amended by
  amending Subsections (b) and (f-1) and adding Subsection (b-1) to
  read as follows:
         (b)  If the student is admitted to the school for a full-time
  program for the equivalent of two long semesters, the district's
  share of the cost is an amount equal to the dollar amount of
  maintenance and debt service taxes imposed by the district for that
  year, subject to Subsection (b-1), divided by the district's
  average daily attendance for the preceding year.
         (b-1)  For purposes of Subsection (b), the commissioner
  shall reduce the dollar amount of maintenance and debt service
  taxes imposed by the district for a year by the amount, if any, by
  which the district is required to reduce the district's local
  revenue level under Section 48.257 for that year.
         (f-1)  The commissioner shall determine the total amount
  that the Texas School for the Blind and Visually Impaired and the
  Texas School for the Deaf would have received from school districts
  in accordance with this section if the following provisions had not
  reduced the districts' share of the cost of providing education
  services:
               (1)  H.B. No. 1, Acts of the 79th Legislature, 3rd
  Called Session, 2006;
               (2)  Subsection (b-1) of this section;
               (3)  Section 45.0032;
               (4) [(3)]  Section 48.255; and
               (5) [(4)]  Section 48.2551.
         SECTION 29.  Section 30.005, Education Code, is amended to
  read as follows:
         Sec. 30.005.  TEXAS SCHOOL FOR THE BLIND AND VISUALLY
  IMPAIRED MEMORANDUM OF UNDERSTANDING.  The Texas Education Agency
  and the Texas School for the Blind and Visually Impaired shall
  develop[, agree to, and by commissioner rule adopt] a memorandum of
  understanding to establish:
               (1)  the method for developing and reevaluating a set
  of indicators of the quality of learning at the Texas School for the
  Blind and Visually Impaired;
               (2)  the process for the agency to conduct and report on
  an annual evaluation of the school's performance on the indicators;
               (3)  the requirements for the school's board to
  publish, discuss, and disseminate an annual report describing the
  educational performance of the school;
               (4)  the process for the agency to:
                     (A)  assign an accreditation status to the school;
                     (B)  reevaluate the status on an annual basis; and
                     (C)  if necessary, conduct monitoring reviews;
  and
               (5)  the type of information the school shall be
  required to provide through the Public Education Information
  Management System (PEIMS).
         SECTION 30.  Section 30.084, Education Code, is amended to
  read as follows:
         Sec. 30.084.  ESTABLISHMENT OF REGIONAL DAY SCHOOL PROGRAMS
  FOR THE DEAF. (a)  The director of services [State Board of
  Education] shall [apportion the state into five regions and]
  establish [a] regional day school programs [program] for the deaf
  [in each region].
         (b)  The director of services shall include in the statewide
  plan developed under Section 30.083 a description regarding the
  manner in which regional day school programs for the deaf are
  established and the parameters for those programs [Activities of a
  regional day school program for the deaf may be conducted on more
  than one site].
         SECTION 31.  Section 37.146(a), Education Code, is amended
  to read as follows:
         (a)  A complaint alleging the commission of a school offense
  must, in addition to the requirements imposed by Article 45A.101,
  Code of Criminal Procedure:
               (1)  be sworn to by a person who has personal knowledge
  of the underlying facts giving rise to probable cause to believe
  that an offense has been committed; and
               (2)  be accompanied by a statement from a school
  employee stating:
                     (A)  whether the child is eligible for or receives
  special education services under Subchapter A, Chapter 29; and
                     (B)  the graduated sanctions, if required under
  Section 37.144, that were imposed on the child before the complaint
  was filed.
         SECTION 32.  Section 48.051(a), Education Code, is amended
  to read as follows:
         (a)  For each student in average daily attendance, not
  including the time students spend each day in career and technology
  education programs or in special education programs receiving
  special education services in a setting [an instructional
  arrangement] other than a general education setting [mainstream or
  career and technology education programs], for which an additional
  allotment is made under Subchapter C, a school district is entitled
  to an allotment equal to the lesser of $6,160 or the amount that
  results from the following formula:
  A = $6,160 X TR/MCR
  where:
         "A" is the allotment to which a district is entitled;
         "TR" is the district's tier one maintenance and operations
  tax rate, as provided by Section 45.0032; and
         "MCR" is the district's maximum compressed tax rate, as
  determined under Section 48.2551.
         SECTION 33.  Section 48.102, Education Code, is amended to
  read as follows:
         Sec. 48.102.  SPECIAL EDUCATION.  (a)  For each student in
  average daily attendance in a special education program under
  Subchapter A, Chapter 29, [in a mainstream instructional
  arrangement,] a school district is entitled to an annual allotment
  equal to the basic allotment, or, if applicable, the sum of the
  basic allotment and the allotment under Section 48.101 to which the
  district is entitled, multiplied by a weight in an amount set by the
  legislature in the General Appropriations Act for the highest tier
  of intensity of service for which the student qualifies [1.15].
         (a-1)  Notwithstanding Subsection (a), for the 2025-2026 and
  2026-2027 school years, the amount of an allotment under this
  section shall be determined in accordance with Section 48.1023.  
  This subsection expires September 1, 2027.  [For each full-time
  equivalent student in average daily attendance in a special
  education program under Subchapter A, Chapter 29, in an
  instructional arrangement other than a mainstream instructional
  arrangement, a district is entitled to an annual allotment equal to
  the basic allotment, or, if applicable, the sum of the basic
  allotment and the allotment under Section 48.101 to which the
  district is entitled, multiplied by a weight determined according
  to instructional arrangement as follows:
               [Homebound 5.0
               [Hospital class 3.0
               [Speech therapy 5.0
               [Resource room 3.0
               [Self-contained, mild and moderate, regular campus  3.0
               [Self-contained, severe, regular campus  3.0
               [Off home campus 2.7
               [Nonpublic day school 1.7
               [Vocational adjustment class 2.3]
         (b)  The commissioner by rule shall define seven tiers of
  intensity of service for use in determining funding under this
  section.  The commissioner must include one tier specifically
  addressing students receiving special education services in
  residential placement [A special instructional arrangement for
  students with disabilities residing in care and treatment
  facilities, other than state schools, whose parents or guardians do
  not reside in the district providing education services shall be
  established by commissioner rule.  The funding weight for this
  arrangement shall be 4.0 for those students who receive their
  education service on a local school district campus.  A special
  instructional arrangement for students with disabilities residing
  in state schools shall be established by commissioner rule with a
  funding weight of 2.8].
         (c)  [For funding purposes, the number of contact hours
  credited per day for each student in the off home campus
  instructional arrangement may not exceed the contact hours credited
  per day for the multidistrict class instructional arrangement in
  the 1992-1993 school year.
         [(d)  For funding purposes the contact hours credited per day
  for each student in the resource room;  self-contained, mild and
  moderate; and self-contained, severe, instructional arrangements
  may not exceed the average of the statewide total contact hours
  credited per day for those three instructional arrangements in the
  1992-1993 school year.
         [(e)  The commissioner by rule shall prescribe the
  qualifications an instructional arrangement must meet in order to
  be funded as a particular instructional arrangement under this
  section.  In prescribing the qualifications that a mainstream
  instructional arrangement must meet, the commissioner shall
  establish requirements that students with disabilities and their
  teachers receive the direct, indirect, and support services that
  are necessary to enrich the regular classroom and enable student
  success.
         [(f)  In this section, "full-time equivalent student" means
  30 hours of contact a week between a special education student and
  special education program personnel.
         [(g)]  The commissioner shall adopt rules and procedures
  governing contracts for residential and day program placement of
  [special education] students receiving special education services.
         (d)  [The legislature shall provide by appropriation for the
  state's share of the costs of those placements.
         [(h)]  At least 55 percent of the funds allocated under this
  section must be used in the special education program under
  Subchapter A, Chapter 29.
         (e) [(i)]  The agency shall ensure [encourage] the placement
  of students in special education programs, including students in
  residential placement [instructional arrangements], in the least
  restrictive environment appropriate for their educational needs.
         (f) [(j)]  A school district that provides an extended year
  program required by federal law for special education students who
  may regress is entitled to receive funds in an amount equal to 75
  percent, or a lesser percentage determined by the commissioner, of
  the basic allotment, or, if applicable, the sum of the basic
  allotment and the allotment under Section 48.101 to which the
  district is entitled for each [full-time equivalent] student in
  average daily attendance, multiplied by the amount designated for
  the highest tier of intensity of service for which the student
  qualifies [student's instructional arrangement] under this
  section, for each day the program is provided divided by the number
  of days in the minimum school year. The total amount of state
  funding for extended year services under this section may not
  exceed $10 million per year.  A school district may use funds
  received under this section only in providing an extended year
  program.
         (g) [(k)]  From the total amount of funds appropriated for
  special education under this section, the commissioner shall
  withhold an amount specified in the General Appropriations Act, and
  distribute that amount to school districts for programs under
  Section 29.014.  The program established under that section is
  required only in school districts in which the program is financed
  by funds distributed under this subsection and any other funds
  available for the program.  After deducting the amount withheld
  under this subsection from the total amount appropriated for
  special education, the commissioner shall reduce each district's
  allotment proportionately and shall allocate funds to each district
  accordingly.
         (h)  Not later than December 1 of each even-numbered year,
  the commissioner shall submit to the Legislative Budget Board, for
  purposes of the allotment under this section, proposed weights for
  the tiers of intensity of service for the next state fiscal
  biennium.
         SECTION 34.  Subchapter C, Chapter 48, Education Code, is
  amended by adding Sections 48.1021, 48.1022, and 48.1023 to read as
  follows:
         Sec. 48.1021.  SPECIAL EDUCATION SERVICE GROUP ALLOTMENT.
  (a)  For each six-week period in which a student in a special
  education program under Subchapter A, Chapter 29, receives eligible
  special education services, a school district is entitled to an
  allotment in an amount set by the legislature in the General
  Appropriations Act for the service group for which the student is
  eligible.
         (a-1)  Notwithstanding Subsection (a), for the 2025-2026 and
  2026-2027 school years, the amount of an allotment under this
  section shall be determined in accordance with Section 48.1023.  
  This subsection expires September 1, 2027.
         (b)  The commissioner by rule shall establish four service
  groups for use in determining funding under this section.  In
  establishing the groups, the commissioner must consider the level
  of services, equipment, and technology required to meet the needs
  of students receiving special education services.
         (c)  A school district is entitled to receive an allotment
  under this section for each service group for which a student is
  eligible.
         (d)  A school district is entitled to the full amount of an
  allotment under this section for a student receiving eligible
  special education services during any part of a six-week period.
         (e)  At least 55 percent of the funds allocated under this
  section must be used for a special education program under
  Subchapter A, Chapter 29.
         (f)  Not later than December 1 of each even-numbered year,
  the commissioner shall submit to the Legislative Budget Board, for
  purposes of the allotment under this section, proposed amounts of
  funding for the service groups for the next state fiscal biennium.
         Sec. 48.1022.  SPECIAL EDUCATION FULL INDIVIDUAL AND INITIAL
  EVALUATION. For each student for whom a school district conducted a
  full individual and initial evaluation under Section 29.004 or 20
  U.S.C. Section 1414(a)(1) during the preceding school year, the
  district is entitled to an allotment of $500 or a greater amount
  provided by appropriation.
         Sec. 48.1023.  SPECIAL EDUCATION TRANSITION FUNDING.
  (a)  For the 2025-2026 and 2026-2027 school years, the commissioner
  may adjust weights or amounts provided under Section 48.102 or
  48.1021 as necessary to ensure compliance with requirements
  regarding maintenance of state financial support under 20 U.S.C.
  Section 1412(a)(18) and maintenance of local financial support
  under applicable federal law.
         (b)  For the 2025-2026 and 2026-2027 school years, the
  commissioner shall determine the formulas through which school
  districts receive funding under Sections 48.102 and 48.1021.  In
  determining the formulas, the commissioner may combine the methods
  of funding under those sections with the method of funding provided
  by Section 48.102, as it existed on September 1, 2024.
         (c)  For the 2027-2028 school year, the commissioner may
  adjust the weights or amounts set by the legislature in the General
  Appropriations Act for purposes of Section 48.102 or 48.1021.  
  Before making an adjustment under this subsection, the commissioner
  shall notify and must receive approval from the Legislative Budget
  Board.
         (d)  Notwithstanding any other provision of this section,
  the sum of funding provided under Sections 48.102 and 48.1021 for
  the 2025-2026 or for the 2026-2027 school year as adjusted under
  this section may not exceed the sum of:
               (1)  funding that would have been provided under
  Section 48.102, as it existed on September 1, 2024; and
               (2)  the amount set by the legislature in the General
  Appropriations Act.
         (e)  Each school district and open-enrollment charter school
  shall report to the agency information necessary to implement this
  section.
         (f)  The agency shall provide technical assistance to school
  districts and open-enrollment charter schools to ensure a
  successful transition in funding formulas for special education.
         (g)  This section expires September 1, 2029.
         SECTION 35.  Sections 48.103(b) and (c), Education Code, are
  amended to read as follows:
         (b)  A school district is entitled to an allotment under
  Subsection (a) only for a student who:
               (1)  is receiving instruction, services, or
  accommodations for dyslexia or a related disorder in accordance
  with:
                     (A)  an individualized education program
  developed for the student under Section 29.005; or
                     (B)  a plan developed for the student under
  Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794); or
               (2)  [is receiving instruction that:
                     [(A)  meets applicable dyslexia program criteria
  established by the State Board of Education; and
                     [(B)  is provided by a person with specific
  training in providing that instruction; or
               [(3)]  is permitted, on the basis of having dyslexia or
  a related disorder, to use modifications in the classroom or
  accommodations in the administration of assessment instruments
  under Section 39.023 without a program or plan described by
  Subdivision (1).
         (c)  A school district may receive funding for a student
  under each provision of this section, [and] Section 48.102, and
  Section 48.1021 for which [if] the student qualifies [satisfies the
  requirements of both sections].
         SECTION 36.  Section 48.110(d), Education Code, is amended
  to read as follows:
         (d)  For each annual graduate in a cohort described by
  Subsection (b) who demonstrates college, career, or military
  readiness as described by Subsection (f) in excess of the minimum
  number of students determined for the applicable district cohort
  under Subsection (c), a school district is entitled to an annual
  outcomes bonus of:
               (1)  if the annual graduate is educationally
  disadvantaged, $5,000;
               (2)  if the annual graduate is not educationally
  disadvantaged, $3,000; and
               (3)  if the annual graduate is enrolled in a special
  education program under Subchapter A, Chapter 29, $4,000 [$2,000],
  regardless of whether the annual graduate is educationally
  disadvantaged.
         SECTION 37.  Section 48.151(g), Education Code, is amended
  to read as follows:
         (g)  A school district or county that provides special
  transportation services for eligible special education students is
  entitled to a state allocation at a [paid on a previous year's
  cost-per-mile basis. The] rate per mile equal to the sum of the
  rate per mile set under Subsection (c) and $0.13, or a greater
  amount provided [allowable shall be set] by appropriation [based on
  data gathered from the first year of each preceding biennium].
  Districts may use a portion of their support allocation to pay
  transportation costs, if necessary. The commissioner may grant an
  amount set by appropriation for private transportation to reimburse
  parents or their agents for transporting eligible special education
  students. The mileage allowed shall be computed along the shortest
  public road from the student's home to school and back, morning and
  afternoon. The need for this type of transportation shall be
  determined on an individual basis and shall be approved only in
  extreme hardship cases.
         SECTION 38.  Section 48.265(a), Education Code, is amended
  to read as follows:
         (a)  If [Notwithstanding any other provision of law, if] the
  commissioner determines that the amount appropriated for the
  purposes of the Foundation School Program exceeds the amount to
  which school districts are entitled under this chapter, the
  commissioner may provide [by rule shall establish a grant program
  through which excess funds are awarded as] grants using the excess
  money for the purchase of video equipment, or for the reimbursement
  of costs for previously purchased video equipment, used for
  monitoring special education classrooms or other special education
  settings required under Section 29.022.
         SECTION 39.  Section 48.279(e), Education Code, is amended
  to read as follows:
         (e)  After the commissioner has replaced any withheld
  federal funds as provided by Subsection (d), the commissioner shall
  distribute the remaining amount, if any, of funds described by
  Subsection (a) to proportionately increase funding for the special
  education allotment under Section 48.102 and the special education
  service group allotment under Section 48.1021.
         SECTION 40.  Subchapter G, Chapter 48, Education Code, is
  amended by adding Sections 48.304 and 48.306 to read as follows:
         Sec. 48.304.  DAY PLACEMENT PROGRAM FUNDING. (a) For each
  qualifying day placement program that a regional education service
  center makes available in partnership with a school district,
  open-enrollment charter school, or shared services arrangement,
  the center is entitled to an allotment of:
               (1)  $250,000 for the first year of the program's
  operation; and
               (2)  $150,000 for each year of the program's operation
  after the first year.
         (b)  A day placement program qualifies for purposes of
  Subsection (a) if:
               (1)  the program complies with commissioner rules
  adopted under Section 48.102(c);
               (2)  the program offers services to students who are
  enrolled at any school district or open-enrollment charter school
  in the county in which the program is offered, unless the
  commissioner by rule waives or modifies the requirement under this
  subdivision for the program to serve all students in a county; and
               (3)  the agency has designated the program for service
  in the county in which the program is offered and determined that,
  at the time of designation, the program increases the availability
  of day placement services in the county.
         Sec. 48.306.  PARENT-DIRECTED SERVICES FOR STUDENTS
  RECEIVING SPECIAL EDUCATION SERVICES GRANT. (a) A student to whom
  the agency awards a grant under Subchapter A-1, Chapter 29, is
  entitled to receive an amount of $1,500 or a greater amount provided
  by appropriation.
         (b)  The legislature shall include in the appropriations for
  the Foundation School Program state aid sufficient for the agency
  to award grants under Subchapter A-1, Chapter 29, in the amount
  provided by this section.
         (c)  A student may receive one grant under Subchapter A-1,
  Chapter 29, unless the legislature appropriates money for an
  additional grant in the General Appropriations Act.
         (d)  A determination of the commissioner under this section
  is final and may not be appealed.
         SECTION 41.  The following provisions of the Education Code
  are repealed:
               (1)  Section 29.002;
               (2)  Section 29.0041(c);
               (3)  Section 29.0161; and
               (4)  Section 48.103(d).
         SECTION 42.  Chapter 29, Education Code, as amended by this
  Act, applies beginning with the 2025-2026 school year.
         SECTION 43.  (a) Except as provided by Subsection (b) of
  this section, this Act takes effect immediately if this Act
  receives a vote of two-thirds of all the members elected to each
  house, as provided by Section 39, Article III, Texas Constitution.
  If this Act does not receive the vote necessary for immediate
  effect, this Act takes effect on September 1, 2025.
         (b)  The amendments by this Act to Chapter 48, Education
  Code, take effect September 1, 2025.

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