DISTRIBUTION OF STATE SPECIAL EDUCATION FUNDS TO LEAs

Los artículos de documentación indican los requerimientos que deben ser documentados en el proceso de educación especial. Pueden ser llenados en formas o por una declaración representativa en un diálogo por escrito.

Los artículos de práctica son requisitos, que deben de reflejarse en la práctica.

Texas Education Code § 48.008. Public Education Information Management System (PEIMS). 

. . . 
(b) Each school district shall use a uniform accounting system adopted by the commissioner for the data required to be reported for the Public Education Information Management System. 
. . . 


Last Amended: 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.016, eff. September 1, 2019 Entered: July 23, 2019

19 Texas Administrative Code § 89.1121. Distribution of State Funds.   


(a)  Procedures for counting the average daily attendance (ADA) of students receiving special education services in various instructional settings must be developed by the commissioner of education and included in the student attendance accounting handbook adopted under §129.1025 of this title (relating to Adoption by Reference: Student Attendance Accounting Handbook). 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533
Entered: October 18, 2021

19 Texas Administrative Code § 89.1121. Distribution of State Funds.   

. . . 
(b)  State special education funds must be distributed to school districts on the basis of ADA of full-time equivalents of eligible students served in accordance with §129.21 of this title (relating to Requirements for Student Attendance Accounting for State Funding Purposes). 
. . .  


Last Amended:  October 5, 2021, 46 TexReg 6533
Entered: October 18, 2021

19 Texas Administrative Code § 129.21. Requirements for Student Attendance Accounting for State Funding Purposes.

(a)  All public schools in Texas must maintain records to reflect the average daily attendance (ADA) for the allocation of Foundation School Program (FSP) funds and other funds allocated by the Texas Education Agency (TEA). Superintendents, principals, and teachers are responsible to their school boards and to the state to maintain accurate, current attendance records.

(b)  The commissioner of education is responsible for providing guidelines and procedures for attendance accounting in accordance with state law.

(c)  The commissioner must provide for special circumstances regarding attendance accounting in accordance with the provisions of law.

(d)  The superintendent of schools is responsible for the safekeeping of all attendance records and reports. The superintendent of schools may determine whether the properly certified attendance records or reports for the school year are to be stored in the central office, on the respective school campuses of the district, or at another secure location. Regardless of where such records are stored, they must be readily available for audit by the TEA division responsible for performing school financial audits.

(e)  Districts must maintain records and make reports concerning student attendance and participation in special programs as required by the commissioner.

(f)  If a school district chooses to use a locally developed record or automated system, the record or automated system must contain the minimum information required by the commissioner.

(g)  A student must be enrolled for at least two hours of instruction to be considered in membership for one half day, and for at least four hours of instruction to be considered in membership for one full day.

(h)  Attendance for all grades must be determined by the absences recorded at the official attendance-taking time during the campus's instructional day, unless the local school board adopts a district policy, or delegates to the superintendent the authority to establish procedures, for recording absences in an alternative hour, or unless the students for which attendance is being taken are enrolled in and participating in an alternative attendance accounting program approved by the commissioner.
(1)  Students enrolled on a half-day basis may earn only one half day of attendance each school day. Attendance is determined for these pupils by recording absences in a period during the half day that they are scheduled to be present. Students enrolled on a full-day basis may earn one full day of attendance each school day.
(2)  Students who are enrolled in and participating in an alternative attendance accounting program approved by the commissioner will earn attendance according to the statutory and rule provisions applicable to that program.
(3)  The established period in which absences are recorded may not be changed during the school year.
(4)  Students absent at the time the attendance roll is taken, during the daily period selected, are counted absent for the entire day, unless the students are enrolled in and participating in an alternative attendance accounting program approved by the commissioner. Students present at the time the attendance roll is taken, during the daily period selected, are counted present for the entire day, unless the students are enrolled in and participating in an alternative attendance accounting program approved by the commissioner.

(i)  A student who is not actually in school at the time attendance is taken must not be counted in attendance for FSP funding purposes, unless the student is participating in an activity that meets the conditions set out in subsection (j) of this section, or unless the student is enrolled in and participating in an alternative attendance accounting program approved by the commissioner.

(j)  A student not actually on campus at the time attendance is taken may be considered in attendance for FSP funding purposes under the following conditions.
(1)  The student is participating in an activity that is approved by the local board of school trustees and is under the direction of a member of the professional or paraprofessional staff of the school district, or an adjunct staff member who:
(A)  has a minimum of a bachelor's degree; and
(B)  is eligible for participation in the Teacher Retirement System of Texas.
(2)  The student is participating in a mentorship approved by district personnel to serve as one or more of the advanced measures needed to complete the Distinguished Achievement Program outlined in Chapter 74 of this title (relating to Curriculum Requirements).
(3)  The student is absent for one of the purposes specified in the Texas Education Code (TEC), §25.087(b), (b-1), (b-2), (b-4), (b-5), or (c). Excused days for travel under the TEC, §25.087(b)(1), are limited to not more than one day for travel to and one day for travel from the applicable site. A temporary absence excused under the TEC, §25.087(b)(2), must be supported by a document such as a note from the health care professional.

(k)  A student not actually on campus at the time attendance is taken also may be considered in attendance for FSP funding purposes under other conditions described in the handbook adopted under §129.1025 of this title (relating to Adoption by Reference: Student Attendance Accounting Handbook) related to off-campus instruction.

(l)  Before a district or charter school may count a student in attendance under this section or in attendance when the student was allowed to leave campus during any part of the school day, the local school board or governing body must adopt a policy, or delegate to the superintendent the authority to establish procedures, addressing parental consent for a student to leave campus, and the district or charter school must distribute the policy or procedures to staff and to all parents of students in the district or charter school. 


Last Amended:  December 25, 2019, 44 TexReg 7983
Entered:  October 18, 2021

19 Texas Administrative Code § 89.1121. Distribution of State Funds. 

. . . 
(c)  The special education attendance must be converted to contact hours by instructional arrangement and then to full-time equivalents. The full-time equivalent for each instructional arrangement is multiplied by the annual amount equal to the basic allotment or, if applicable, the sum of the basic allotment and the allotment under Texas Education Code (TEC), § 48.101, and then multiplied by the weight for the instructional arrangement as prescribed in TEC, §42.102(a). Contact hours for any one student receiving special education services may not exceed six hours per day or 30 hours per week for funding purposes. The total contact hours generated per week is divided by 30 to determine the full-time equivalents. Special education full-time equivalents generated are deducted from the school district's ADA for purposes of the regular education allotment. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533
Entered: October 18, 2021

19 Texas Administrative Code § 89.1121. Distribution of State Funds. 

. . . 
(c)  The special education attendance must be converted to contact hours by instructional arrangement and then to full-time equivalents. The full-time equivalent for each instructional arrangement is multiplied by the annual amount equal to the basic allotment or, if applicable, the sum of the basic allotment and the allotment under Texas Education Code (TEC), § 48.101, and then multiplied by the weight for the instructional arrangement as prescribed in TEC, §42.102(a). Contact hours for any one student receiving special education services may not exceed six hours per day or 30 hours per week for funding purposes. The total contact hours generated per week is divided by 30 to determine the full-time equivalents. Special education full-time equivalents generated are deducted from the school district's ADA for purposes of the regular education allotment. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533
Entered: October 18, 2021

Texas Education Code § 48.102. Special Education.   

. . . 
(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. 
. . . 


Last Amended: 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.025, eff. September 1, 2019
Entered: July 23, 2019

19 Texas Administrative Code § 89.1121. Distribution of State Funds. 

. . . 
(c)  The special education attendance must be converted to contact hours by instructional arrangement and then to full-time equivalents. The full-time equivalent for each instructional arrangement is multiplied by the annual amount equal to the basic allotment or, if applicable, the sum of the basic allotment and the allotment under Texas Education Code (TEC), § 48.101, and then multiplied by the weight for the instructional arrangement as prescribed in TEC, §42.102(a). Contact hours for any one student receiving special education services may not exceed six hours per day or 30 hours per week for funding purposes. The total contact hours generated per week is divided by 30 to determine the full-time equivalents. Special education full-time equivalents generated are deducted from the school district's ADA for purposes of the regular education allotment. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533
Entered: October 18, 2021

Texas Education Code § 48.102. Special Education.   

. . . 
(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. 
. . . 


Last Amended: 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.025, eff. September 1, 2019
Entered: July 23, 2019

Texas Education Code § 48.102. Special Education.   

. . . 
(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. 
. . . 


Last Amended: 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.025, eff. September 1, 2019
Entered: July 23, 2019

19 Texas Administrative Code § 89.1121. Distribution of State Funds. 

. . . 
(c)  The special education attendance must be converted to contact hours by instructional arrangement and then to full-time equivalents. The full-time equivalent for each instructional arrangement is multiplied by the annual amount equal to the basic allotment or, if applicable, the sum of the basic allotment and the allotment under Texas Education Code (TEC), § 48.101, and then multiplied by the weight for the instructional arrangement as prescribed in TEC, §42.102(a). Contact hours for any one student receiving special education services may not exceed six hours per day or 30 hours per week for funding purposes. The total contact hours generated per week is divided by 30 to determine the full-time equivalents. Special education full-time equivalents generated are deducted from the school district's ADA for purposes of the regular education allotment. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533
Entered: October 18, 2021

19 Texas Administrative Code § 89.1121. Distribution of State Funds.   

. . . 
(d)  The receipt of special education funds is contingent upon the operation of an approved comprehensive special education program in accordance with state and federal laws and regulations. No district may divert special education funds for other purposes, with the exception of administrative costs as defined in Chapter 105, Subchapter B, of this title (relating to Use of State Funds). Funds generated by full-time equivalents in one instructional arrangement may be spent on the overall special education program and are not limited to the instructional arrangement which generated the funds. The district must maintain separate accountability for the total state special education program fund within the general fund. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533  
Entered: Jan. 19, 2015

Texas Education Code § 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 1.15.  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                                      
. . . 


Last Amended: 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.025, eff. September 1, 2019
Entered: July 23, 2019

Texas Education Code § 48.101.  Small and Mid-Sized District Allotment. 

(a) Small and mid-sized districts are entitled to an annual allotment in accordance with this section. In this section: 
(1)  "AA" is the district ’s annual allotment per student in average daily attendance; 
(2)  "ADA" is the number of students in average daily attendance for which the district is entitled to an allotment under Section 48.051; and 
(3)  "BA" is the basic allotment determined under Section 48.051. 

(b)  A school district that has fewer than 1,600 students in average daily attendance is entitled to an annual allotment for each student in average daily attendance based on the following formula: 

(c)  A school district that offers a kindergarten through grade 12 program and has less than 5,000 students in average daily attendance is entitled to an annual allotment for each student in average daily attendance based on the formula, of the following formulas, that results in the greatest annual allotment: 
(1)  the formula in Subsection (b), if the district is eligible for that formula; or 
(2)  AA = ((5,000 - ADA) X .000025) X BA. 

(d)  Instead of the allotment under Subsection (b) or (c)(1), a school district that has fewer than 300 students in average daily attendance and is the only school district located in and operating in a county is entitled to an annual allotment for each student in average daily attendance based on the following formula: 


Last Amended:  86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.025, eff. September 1, 2019
Entered:  July 29, 2019

19 Texas Administrative Code § 89.1121. Distribution of State Funds.   

. . . 
(h)  Funding for the mainstream special education instructional arrangement must be based on the average daily attendance of the students in the arrangement multiplied by the annual amount equal to the basic allotment or, if applicable, the sum of the basic allotment and the allotment under TEC, §48.101, and the 1.15 weight as provided by TEC, §48.102(a). The attendance must not be converted to contact hours/full-time equivalents as with the other instructional arrangements.   


Last Amended:  October 5, 2021, 46 TexReg 6533  
Entered:  October 18, 2021

Texas Education Code § 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 1.15.  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                                      
. . . 


Last Amended: 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.025, eff. September 1, 2019
Entered: July 23, 2019

Texas Education Code § 48.101.  Small and Mid-Sized District Allotment. 

(a) Small and mid-sized districts are entitled to an annual allotment in accordance with this section. In this section: 
(1)  "AA" is the district ’s annual allotment per student in average daily attendance; 
(2)  "ADA" is the number of students in average daily attendance for which the district is entitled to an allotment under Section 48.051; and 
(3)  "BA" is the basic allotment determined under Section 48.051. 

(b)  A school district that has fewer than 1,600 students in average daily attendance is entitled to an annual allotment for each student in average daily attendance based on the following formula: 

(c)  A school district that offers a kindergarten through grade 12 program and has less than 5,000 students in average daily attendance is entitled to an annual allotment for each student in average daily attendance based on the formula, of the following formulas, that results in the greatest annual allotment: 
(1)  the formula in Subsection (b), if the district is eligible for that formula; or 
(2)  AA = ((5,000 - ADA) X .000025) X BA. 

(d)  Instead of the allotment under Subsection (b) or (c)(1), a school district that has fewer than 300 students in average daily attendance and is the only school district located in and operating in a county is entitled to an annual allotment for each student in average daily attendance based on the following formula: 


Last Amended:  86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.025, eff. September 1, 2019
Entered:  July 29, 2019

Texas Education Code § 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 1.15.  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                                      
. . . 


Last Amended: 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.025, eff. September 1, 2019
Entered: July 23, 2019

Texas Education Code § 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 1.15.  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                                      
. . . 


Last Amended: 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.025, eff. September 1, 2019
Entered: July 23, 2019

Texas Education Code § 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 1.15.  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                                      
. . . 


Last Amended: 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.025, eff. September 1, 2019
Entered: July 23, 2019

Texas Education Code § 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 1.15.  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                                      
. . . 


Last Amended: 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.025, eff. September 1, 2019
Entered: July 23, 2019

Texas Education Code § 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 1.15.  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                                      
. . . 


Last Amended: 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.025, eff. September 1, 2019
Entered: July 23, 2019

Texas Education Code § 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 1.15.  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                                      
. . . 


Last Amended: 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.025, eff. September 1, 2019
Entered: July 23, 2019

Texas Education Code § 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 1.15.  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                                      
. . . 


Last Amended: 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.025, eff. September 1, 2019
Entered: July 23, 2019

Texas Education Code § 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 1.15.  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                                      
. . . 


Last Amended: 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.025, eff. September 1, 2019
Entered: July 23, 2019

Texas Education Code § 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 1.15.  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                                      
. . . 


Last Amended: 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.025, eff. September 1, 2019
Entered: July 23, 2019

Texas Education Code § 48.102. Special Education.   

. . . 
(b)  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. 
. . . 


Last Amended: 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.025, eff. September 1, 2019
Entered: July 23, 2019

Texas Education Code § 48.102. Special Education.   

. . . 
(b)  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. 
. . . 


Last Amended: 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.025, eff. September 1, 2019
Entered: July 23, 2019

Texas Education Code § 48.102. Special Education.   

. . . 
(b)  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. 
. . . 


Last Amended: 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.025, eff. September 1, 2019
Entered: July 23, 2019

Texas Education Code § 48.102. Special Education.   

. . . 
(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 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. 
. . . 


Last Amended: 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.025, eff. September 1, 2019
Entered: July 23, 2019

Texas Education Code § 48.102. Special Education.   

. . . 
(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 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. 
. . . 


Last Amended: 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.025, eff. September 1, 2019
Entered: July 23, 2019

19 Texas Administrative Code § 89.1065. Extended School Year Services (ESY Services). 

Extended school year (ESY) services are defined as individualized instructional programs beyond the regular school year for eligible students with disabilities. 

. . . 
(9)  Districts are not eligible for reimbursement for ESY services provided to students for reasons other than those set forth in this section. 


Last Amended:  January 1, 2015, 39 TexReg 10446  
Entered: Jan. 19, 2015

19 Texas Administrative Code § 89.1121. Distribution of State Funds.   

. . . 
(g)  Students from birth through age two with a visual impairment, who are deaf or hard of hearing, or both who are provided services by the district according to an individual family services plan (IFSP) must be enrolled on the district home or regional day school campus and must be considered eligible for ADA on the same basis as other students receiving special education services. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533 
Entered: October 18, 2021

Texas Government Code § 392.002.  Use of Person First Respectful Language Required. 

. . . 
(b-1)  In addition to the terms and phrases listed in Subsection (a), the legislature and the Texas Legislative Council are directed to avoid using in any new statute or resolution "hearing impaired," "auditory impairment," and "speech impaired" in reference to a deaf or hard of hearing person, and the legislature and the Texas Legislative Council are directed to replace, when enacting or revising a statute or resolution, those phrases with "deaf" or "hard of hearing," as appropriate. 
. . . 
                                                          

Last Amended: 86th Leg., R.S., Ch. 233, Sec. 1, eff. September 1, 2019
Entered:  Sept. 10, 2019

19 Texas Administrative Code § 89.1121. Distribution of State Funds.   

. . . 
(f)  Students who are at least three, but younger than 22, years of age on September 1 of the current scholastic year who participate in the regional day school program for the deaf may be counted as part of the district's ADA if they receive instruction from the basic program for at least 50% of the school day. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533
Entered: October 26, 2021

Texas Education Code § 48.102. Special Education.   

. . . 
(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. 


Last Amended: 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.025, eff. September 1, 2019
Entered: July 23, 2019

Texas Education Code § 29.014. School Districts That Provide Education Solely to Students Confined to or Educated in Hospitals. 

   
(a)  This section applies only to a school district that provides education and related services only to students who are confined in or receive educational services in a hospital.

(b)  A school district to which this section applies may operate an extended year program for a period not to exceed 45 days.  The district's average daily attendance shall be computed for the regular school year plus the extended year.

(c)  Notwithstanding any other provision of this code, a student whose appropriate education program is a regular education program may receive services and be counted for attendance purposes for the number of hours per week appropriate for the student's condition if the student:
(1)  is temporarily classified as eligible for participation in a special education program because of the student's confinement in a hospital;  and
(2)  the student's education is provided by a district to which this section applies.

(d)  The basic allotment for a student enrolled in a district to which this section applies is adjusted by  the weight for a homebound student under Section 48.102(a).

Last Amended: 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.026, eff. September 1, 2019.
Entered: February 24, 2022
SBS

Texas Education Code § 48.102. Special Education.   

. . . 
(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. 


Last Amended: 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.025, eff. September 1, 2019
Entered: July 23, 2019

Texas Education Code § 29.014. School Districts That Provide Education Solely to Students Confined to or Educated in Hospitals. 

   
(a)  This section applies only to a school district that provides education and related services only to students who are confined in or receive educational services in a hospital.

(b)  A school district to which this section applies may operate an extended year program for a period not to exceed 45 days.  The district's average daily attendance shall be computed for the regular school year plus the extended year.

(c)  Notwithstanding any other provision of this code, a student whose appropriate education program is a regular education program may receive services and be counted for attendance purposes for the number of hours per week appropriate for the student's condition if the student:
(1)  is temporarily classified as eligible for participation in a special education program because of the student's confinement in a hospital;  and
(2)  the student's education is provided by a district to which this section applies.

(d)  The basic allotment for a student enrolled in a district to which this section applies is adjusted by  the weight for a homebound student under Section 48.102(a).

Last Amended: 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.026, eff. September 1, 2019.
Entered: February 24, 2022
SBS

Texas Education Code § 48.102. Special Education.   

. . . 
(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. 


Last Amended: 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.025, eff. September 1, 2019
Entered: July 23, 2019

19 Texas Administrative Code § 89.1121. Distribution of State Funds.   

. . . 
(e)  A special education fund balance may be carried over to the next fiscal year but must be expended on the special education program in the subsequent year. State special education carryover funds cannot be used for administrative costs. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533  
Entered: October 26, 2021

Texas Education Code § 48.103.  Allotment for Student with Dyslexia or Related Disorder. 

(a) Subject to Subsection (b), for each student that a school district serves who has been identified as having dyslexia or a related disorder, the district is entitled to an annual allotment equal to the basic allotment multiplied by 0.1 or a greater amount provided by appropriation. 
. . . 


Last Amended:  86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.027, eff. September 1, 2019
Entered: July 30, 2019

Texas Education Code § 48.103.  Allotment for Student with Dyslexia or Related Disorder. 

. . . 
(b)  A school district is entitled to an allotment under Subsection (a) only for a student who: 
(1)  is receiving services 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); 
(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. 
. . . 


Last Amended:  86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.027, eff. September 1, 2019
Entered: July 30, 2019

Texas Education Code § 48.103.  Allotment for Student with Dyslexia or Related Disorder. 

. . . 
(b)  A school district is entitled to an allotment under Subsection (a) only for a student who: 
(1)  is receiving services 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); 
. . . 


Last Amended:  86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.027, eff. September 1, 2019
Entered: July 30, 2019

Texas Education Code § 48.103.  Allotment for Student with Dyslexia or Related Disorder. 

. . . 
(b)  A school district is entitled to an allotment under Subsection (a) only for a student who: 
(1)  is receiving services for dyslexia or a related disorder in accordance with: 
(A) an individualized education program developed for the student under Section 29.005; or 
. . . 


Last Amended:  86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.027, eff. September 1, 2019
Entered: July 30, 2019

Texas Education Code § 48.103.  Allotment for Student with Dyslexia or Related Disorder. 

. . . 
(b)  A school district is entitled to an allotment under Subsection (a) only for a student who: 
(1)  is receiving services for dyslexia or a related disorder in accordance with: 
. . . 
(B)  a plan developed for the student under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794); 
. . . 


Last Amended:  86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.027, eff. September 1, 2019
Entered: July 30, 2019

Texas Education Code § 48.103.  Allotment for Student with Dyslexia or Related Disorder. 

. . . 
(b)  A school district is entitled to an allotment under Subsection (a) only for a student who: 
. . .  
(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 
. . .  


Last Amended:  86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.027, eff. September 1, 2019
Entered: July 30, 2019

Texas Education Code § 48.103.  Allotment for Student with Dyslexia or Related Disorder. 

. . . 
(b)  A school district is entitled to an allotment under Subsection (a) only for a student who: 
. . . 
(2)  is receiving instruction that: 
(A)  meets applicable dyslexia program criteria established by the State Board of Education; and 
. . .  


Last Amended:  86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.027, eff. September 1, 2019
Entered: July 30, 2019

Texas Education Code § 48.103.  Allotment for Student with Dyslexia or Related Disorder. 

. . . 
(b)  A school district is entitled to an allotment under Subsection (a) only for a student who: 
. . . 
(2)  is receiving instruction that: 
. . .  
(B)  is provided by a person with specific training in providing that instruction; or 
. . . 


Last Amended:  86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.027, eff. September 1, 2019
Entered: July 30, 2019

Texas Education Code § 48.103.  Allotment for Student with Dyslexia or Related Disorder. 

. . . 
(b)  A school district is entitled to an allotment under Subsection (a) only for a student who: 
. . . 
(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. 
. . . 


Last Amended:  86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.027, eff. September 1, 2019
Entered: July 30, 2019

Texas Education Code § 48.103.  Allotment for Student with Dyslexia or Related Disorder. 

. . . 
(c)  A school district may receive funding for a student under this section and Section 48.102 if the student satisfies the requirements of both sections. 
. . . 


Last Amended:  86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.027, eff. September 1, 2019
Entered: July 30, 2019

Student Attendance Accounting Handbook (TEA)