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DISTRIBUTION OF STATE SPECIAL EDUCATION FUNDS TO LEAs

DISTRIBUTION OF STATE SPECIAL EDUCATION FUNDS TO LEAs

Authorities: Texas Education Code; Texas Government Code; 19 TAC Chapters 89 and 129
 
 
 
  FEDERAL AND STATE REQUIREMENTS
 
PUBLIC EDUCATION INFORMATION MANAGEMENT SYSTEM (PEIMS)
Each local educational agency (LEA) will use a uniform accounting system adopted by the commissioner for the data required to be reported in PEIMS.
 
AVERAGE DAILY ATTENDANCE (ADA)
Procedures for counting the ADA of children receiving special education services in various instructional settings are developed by the commissioner of education and included in the daily register for student attendance accounting.
State special education funds are distributed to LEAs on the basis of ADA of full-time equivalents (FTEs) of eligible children served in accordance with the requirements for student attendance accounting for state funding purposes.
 
FTEs
The special education attendance is converted to contact hours by instructional arrangement and then to FTEs.
Contact hours for any child 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 are divided by 30 to determine the FTEs;
  • For funding purposes, the number of contact hours credited per day for each child in the off-home campus instructional arrangement may not exceed the contact hours credited per day for the multidistrict class instructional arrangement in the 1992-93 school year; and
  • For funding purposes, the contact hours credited per day for the child 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 1992-93 school year.
Special education FTEs generated are deducted from the LEA's ADA for purposes of the regular education allotment.
Funds generated by FTEs in one instructional arrangement may be spent on the overall special education program and are not limited to the instructional arrangement that generated the funds.
 
ALLOTMENT FOR SPECIAL EDUCATION
For each FTE child in ADA in a special education program and in a mainstream instructional arrangement, the LEA is entitled to an annual allotment equal to the basic allotment, or, if applicable, the sum of the basic allotment and the allotment under small and mid-sized district allotment to which the district is entitled, multiplied by 1.15:
  • The attendance is not to be converted to contact hours/FTEs as with the other instructional arrangements.
For each FTE child in ADA in a special education program in an instructional arrangement other than a mainstream instructional arrangement, the LEA is entitled to an annual allotment equal to the basic allotment, or, if applicable, the sum of the basic allotment and the allotment under small and mid-sized district allotment 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; and
  • Vocational adjustment class 2.3.
A special instructional arrangement for children with disabilities residing in care and treatment facilities, whose parents or guardians do not reside in the LEA providing education services must be established by commissioner rules:
  • The funding weight for other than state schools will be 4.0 for those children who receive their education service on the LEA campus; but
  • The funding weight for children with disabilities residing in state schools will be 2.8.
The LEA that provides an extended school year (ESY) program is entitled to receive funds up to 75 percent of the applicable allotment for each FTE child in ADA, multiplied by the amount designated for the child's instructional arrangement for each day the program is provided and divided by the number of days in the minimum school year:
  • The LEA may use funds received for ESY only in providing an extended year program; and
  • LEAs are not eligible for reimbursement for ESY services provided to children for reasons other than those set forth in the EXTENDED SCHOOL YEAR SERVICES framework.
Children from birth through age two with a visual impairment or who are deaf or hard of hearing or both who are provided services by the LEA according to an individual family services plan are to be enrolled on the home or regional day school campus and are to be considered eligible for ADA on the same basis as other children receiving special education services.
Children 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 LEA's ADA if they receive instruction from the LEA's basic program for at least 50 percent of the school day.
The commissioner will withhold an amount specified in the General Appropriations Act and distribute that amount to LEAs that provide education solely to children confined to or educated in hospitals:
  • This program is required only in LEAs in which the program is financed by funds distributed under this subsection and any other funds available for the program; and
  • After deducting the amount withheld under this subsection from the total amount appropriated for special education, the commissioner will reduce each LEA's allotment proportionately and allocate funds to each LEA accordingly.
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.
 
ALLOTMENT FOR DYSLEXIA
For each child that the LEA serves who has been identified as having dyslexia or a related disorder, the LEA is entitled to an annual allotment equal to the basic allotment multiplied by 0.1 or a greater amount provided by appropriation.
The LEA is entitled to the allotment for dyslexia only for a child who:
  • Is receiving services for dyslexia or a related disorder in accordance with:
    • An individualized education program; or
    • A Section 504 plan;
  • Is receiving instruction that:
    • Meets applicable dyslexia program criteria in compliance with the DYSLEXIA SERVICES framework; and
    • Is provided by a person with specific training in providing that instruction; or
  • 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.
The LEA may receive funding for a child under this section and the ALLOTMENT FOR SPECIAL EDUCATION section if the child satisfies the requirements of both sections.
  Last Updated : Thu, Jan 16, 2020