SB149 - Relating to special education funding under the Foundation School Program.

  89R2434 KJE-F     By: Menéndez S.B. No. 149       A BILL TO BE ENTITLED   AN ACT   relating to special education funding 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, 48.103, 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 29.002, Education Code, is amended to   read as follows:          Sec. 29.002.  DEFINITION.  In this subchapter, "special   services" means:                (1)  special education instruction, which may be   provided by professional and supported by paraprofessional   personnel in a general education setting [ the regular classroom ] or   in a special education setting, as defined by commissioner rule [ an   instructional arrangement described by Section 48.102 ]; and                (2)  related services, which are developmental,   corrective, supportive, or evaluative services, not instructional   in nature, that may be required for the student to benefit from   special education instruction and for implementation of a student's   individualized education program.          SECTION 3.  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 4.  Section 29.022(u)(3), Education Code, is amended   to read as follows:                (3)  "Self-contained classroom" does not include a   classroom that is a resource room as defined by commissioner rule   [ instructional arrangement under Section 48.102 ].          SECTION 5.  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 educational setting [ instructional   arrangement ] used with the child, as defined by commissioner rule     [ 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 6.  Subchapter A, Chapter 48, Education Code, is   amended by adding Section 48.0055 to read as follows:           Sec.   48.0055.     ENROLLMENT-BASED FUNDING. The commissioner   by rule shall establish the method for determining average   enrollment for purposes of funding provided based on average   enrollment under Chapter 46 and this chapter.          SECTION 7.  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 8.  Section 48.102, Education Code, is amended to   read as follows:          Sec. 48.102.  SPECIAL EDUCATION.  (a)  For each student in   average enrollment  [ 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 the weight   assigned under Subsection (c) to the highest tier of intensity of   service for which the student qualifies [ 1.15 ].           (a-1)     Notwithstanding Subsection (a), for the 2026-2027 and   2027-2028 school years, the amount of an allotment under this   section shall be determined in accordance with Section 48.1022.     This subsection expires September 1, 2028.   [ 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   fund [Text truncated for display. 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