DISTRIBUTION OF STATE SPECIAL EDUCATION FUNDS TO LEAs

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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)
Practice	Each local educational agency (LEA) will use a uniform accounting system adopted by the commissioner for the data required to be reported in PEIMS. Citations: TEC 48.008(b)
	AVERAGE DAILY ATTENDANCE (ADA)
Practice	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. Citations: 89.1121(a)
Practice	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. Citations: 89.1121(b) 129.21
	FTEs
Practice	The special education attendance is converted to contact hours by instructional arrangement and then to FTEs. Citations: 89.1121(c)
Practice	Contact hours for any child receiving special education services may not exceed six hours per day or 30 hours per week for funding purposes: Citations: 89.1121(c) TEC 48.102(f)
Practice	The total contact hours generated per week are divided by 30 to determine the FTEs; Citations: 89.1121(c)
Practice	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 Citations: TEC 48.102(c)
Practice	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. Citations: TEC 48.102(d)
Practice	Special education FTEs generated are deducted from the LEA's ADA for purposes of the regular education allotment. Citations: 89.1121(c)
Practice	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. Citations: 89.1121(d)
	ALLOTMENT FOR SPECIAL EDUCATION
Practice	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: Citations: TEC 48.102(a) TEC 48.101
Practice	The attendance is not to be converted to contact hours/FTEs as with the other instructional arrangements. Citations: 89.1121(h)
Practice	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: Citations: TEC 48.102(a) TEC 48.101
Practice	Homebound 5.0; Citations: TEC 48.102(a)
Practice	Hospital class 3.0; Citations: TEC 48.102(a)
Practice	Speech therapy 5.0; Citations: TEC 48.102(a)
Practice	Resource room 3.0; Citations: TEC 48.102(a)
Practice	Self-contained, mild and moderate, regular campus 3.0; Citations: TEC 48.102(a)
Practice	Self-contained, severe, regular campus 3.0; Citations: TEC 48.102(a)
Practice	Off-home campus 2.7; Citations: TEC 48.102(a)
Practice	Nonpublic day school 1.7; and Citations: TEC 48.102(a)
Practice	Vocational adjustment class 2.3. Citations: TEC 48.102(a)
Practice	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: Citations: TEC 48.102(b)
Practice	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 Citations: TEC 48.102(b)
Practice	The funding weight for children with disabilities residing in state schools will be 2.8. Citations: TEC 48.102(b)
Practice	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: Citations: TEC 48.102(j)
Practice	The LEA may use funds received for ESY only in providing an extended year program; and Citations: TEC 48.102(j)
Practice	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. Citations: 89.1065(9)
Practice	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. Citations: 89.1121(g) TGC 392.002(b-1)
Practice	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. Citations: 89.1121(f)
Practice	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: Citations: TEC 48.102(k) TEC 29.014
Practice	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 Citations: TEC 48.102(k) TEC 29.014
Practice	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. Citations: TEC 48.102(k)
Practice	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. Citations: 89.1121(e)
	ALLOTMENT FOR DYSLEXIA
Practice	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. Citations: TEC 48.103(a)
Practice	The LEA is entitled to the allotment for dyslexia only for a child who: Citations: TEC 48.103(b)
Practice	Is receiving services for dyslexia or a related disorder in accordance with: Citations: TEC 48.103(b)(1)
Document	An individualized education program; or Citations: TEC 48.103(b)(1)(A)
Document	A Section 504 plan; Citations: TEC 48.103(b)(1)(B)
Practice	Is receiving instruction that: Citations: TEC 48.103(b)(2)
Practice	Meets applicable dyslexia program criteria in compliance with the DYSLEXIA SERVICES framework; and Citations: TEC 48.103(b)(2)(A)
Practice	Is provided by a person with specific training in providing that instruction; or Citations: TEC 48.103(b)(2)(B)
Document	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. Citations: TEC 48.103(b)(3)
Practice	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. Citations: TEC 48.103(c)

Last Updated : Thu, Jan 16, 2020

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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