USE OF STATE SPECIAL EDUCATION FUNDS

Document items indicate requirements to be documented in the special education process. They can be addressed on forms or by a representative statement in a written dialogue.

Practice items are requirements, which must be reflected in practice.

Texas Education Code § 29.018.  Special Education Grant.  

(a)  From funds appropriated for the purposes of this section, federal funds, or any other funds available, the commissioner shall make grants available to school districts to assist districts in covering the cost of educating students with disabilities.
. . . 


Last Amended: 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.027, eff. June 12, 2019
Entered:  July 17, 2019 

Texas Education Code § 29.018.  Special Education Grant. 

. . . 
(b)  A school district is eligible to apply for a grant under this section if: 
    (1)  the district does not receive sufficient funds, including state funds provided under Section 48.102 and federal funds, for a student with disabilities to pay for the special education services provided to the student; or 
    (2)  the district does not receive sufficient funds, including state funds provided under Section 48.102 and federal funds, for all students with disabilities in the district to pay for the special education services provided to the students.
. . . 


Last Amended: 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.027, eff. June 12, 2019
Entered:  July 17, 2019 

Texas Education Code § 29.018.  Special Education Grant.  

. . . 
(b)  A school district is eligible to apply for a grant under this section if: 
    (1)  the district does not receive sufficient funds, including state funds provided under Section 48.102 and federal funds, for a student with disabilities to pay for the special education services provided to the student; or 
. . . 


Last Amended: 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.027, eff. June 12, 2019
Entered:  July 17, 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                                     

(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.

(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 placement of special education students.  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.

(i)  The agency shall encourage the placement of students in special education programs, including students in residential instructional arrangements, in the least restrictive environment appropriate for their educational needs.

(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.

(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
SBS

Texas Education Code § 29.018.  Special Education Grant.  

. . . 
(b)  A school district is eligible to apply for a grant under this section if: 
. . . 
    (2)  the district does not receive sufficient funds, including state funds provided under Section 48.102 and federal funds, for all students with disabilities in the district to pay for the special education services provided to the students.
. . . 


Last Amended: 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.027, eff. June 12, 2019
Entered:  July 17, 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                                     

(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.

(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 placement of special education students.  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.

(i)  The agency shall encourage the placement of students in special education programs, including students in residential instructional arrangements, in the least restrictive environment appropriate for their educational needs.

(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.

(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
SBS

Texas Education Code § 29.018.  Special Education Grant.  

. . . 
(c)  A school district that applies for a grant under this section must provide the commissioner with a report comparing the state and federal funds received by the district for students with disabilities and the expenses incurred by the district in providing special education services to students with disabilities.
. . . 


Last Amended: 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.027, eff. June 12, 2019
Entered:  July 17, 2019 

Texas Education Code § 29.018.  Special Education Grant.

. . . 
(d)  Expenses that may be included by a school district in applying for a grant under this section include the cost of training personnel to provide special education services to a student with disabilities.
. . . 


Last Amended: 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.027, eff. June 12, 2019
Entered:  July 17, 2019 

Texas Education Code § 29.018.  Special Education Grant.

. . . 
(e)  A school district that receives a grant under this section must educate students with disabilities in the least restrictive environment that is appropriate to meet the student's educational needs.
. . . 


Last Amended: 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.027, eff. June 12, 2019
Entered:  July 17, 2019 

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.   

. . . 
(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. 
. . . 


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.   

. . . 
(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

19 Texas Administrative Code § 105.11. Maximum Allowable Indirect Cost.

(a)  No more than 48% of each school district's Foundation School Program (FSP) special allotments under the Texas Education Code, Chapter 42, Subchapter C, may be expended for indirect costs related to the following programs: compensatory education, bilingual education and special language programs, and special education. No more than 45% of each school district's FSP special allotments under the Texas Education Code, Chapter 42, Subchapter C, may be expended for indirect costs related to gifted and talented education programs. No more than 42% of each school district's FSP special allotments under the Texas Education Code, Chapter 42, Subchapter C, may be expended for indirect costs related to career and technical education programs. Indirect costs may be attributed to the following expenditure function codes: 34--Student Transportation; 41--General Administration; 81--Facilities Acquisition and Construction; and the Function 90 series of the general fund, as defined in the Texas Education Agency publication, Financial Accountability System Resource Guide.

(b)  For the 2012-2013 school year and each year thereafter, a school district may choose to use a greater indirect cost allotment under the Texas Education Code, §§42.151, 42.153, 42.154, and 42.156, to the extent the school district receives less funding per weighted student in state and local maintenance and operations revenue than in the 2011-2012 school year. The commissioner of education shall develop a methodology for a school district to make a determination under this section and may require any information necessary to implement this subsection. The commissioner's methodology must limit the percentage increase in allowable indirect cost to no more than the percentage decrease in state and local maintenance and operations revenue from the 2011-2012 school year.  


Last Amended: December 26, 2011, 36 TexReg 8825 
Entered:  Feb. 21, 2012

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

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.   

. . . 
(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. 
. . . 


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 § 89.1005. Instructional Arrangements and Settings.

(a) Each local school district shall be able to provide services with special education personnel to students with disabilities in order to meet the special needs of those students in accordance with 34 Code of Federal Regulations, §§300.114-300.118.

(b) Subject to §89.1075(e) of this title (relating to General Program Requirements and Local District Procedures), for the purpose of determining the student's instructional arrangement/setting, the regular school day is defined as the period of time determined appropriate by the admission, review, and dismissal (ARD) committee.

(c) Instructional arrangements/settings shall be based on the individual needs and individualized education programs (IEPs) of eligible students receiving special education services and shall include the following.
(1) Mainstream. This instructional arrangement/setting is for providing special education and related services to a student in the regular classroom in accordance with the student's IEP. Qualified special education personnel must be involved in the implementation of the student's IEP through the provision of direct, indirect, and/or support services to the student and/or the student's regular classroom teacher(s) necessary to enrich the regular classroom and enable student success. The student's IEP must specify the services that will be provided by qualified special education personnel to enable the student to appropriately progress in the general education curriculum and/or appropriately advance in achieving the goals set out in the student's IEP. Examples of services provided in this instructional arrangement include, but are not limited to, direct instruction, helping teacher, team teaching, co-teaching, interpreter, educational aides, curricular or instructional modifications/accommodations, special materials/equipment, positive classroom behavioral interventions and supports, consultation with the student and his/her regular classroom teacher(s) regarding the student's progress in regular education classes, staff development, and reduction of ratio of students to instructional staff.
(2) Homebound. This instructional arrangement/setting is for providing special education and related services to students who are served at home or hospital bedside.
(A) Students served on a homebound or hospital bedside basis are expected to be confined for a minimum of four consecutive weeks as documented by a physician licensed to practice in the United States. Homebound or hospital bedside instruction may, as provided by local district policy, also be provided to chronically ill students who are expected to be confined for any period of time totaling at least four weeks throughout the school year as documented by a physician licensed to practice in the United States. The student's ARD committee shall determine the amount of services to be provided to the student in this instructional arrangement/setting in accordance with federal and state laws, rules, and regulations, including the provisions specified in subsection (b) of this section.
    (B) Home instruction may also be used for services to infants and toddlers (birth through age 2) and young children (ages 3-5) when determined appropriate by the child's individualized family services plan (IFSP) committee or ARD committee. This arrangement/setting also applies to school districts described in Texas Education Code, §29.014.
(3) Hospital class. This instructional arrangement/setting is for providing special education instruction in a classroom, a hospital facility, or a residential care and treatment facility not operated by the school district. If the students residing in the facility are provided special education services outside the facility, they are considered to be served in the instructional arrangement in which they are placed and are not to be considered as in a hospital class.
(4) Speech therapy. This instructional arrangement/setting is for providing speech therapy services whether in a regular education classroom or in a setting other than a regular education classroom. When the only special education or related service provided to a student is speech therapy, then this instructional arrangement may not be combined with any other instructional arrangement.
(5) Resource room/services. This instructional arrangement/setting is for providing special education and related services to a student in a setting other than regular education for less than 50% of the regular school day.
(6) Self-contained (mild, moderate, or severe) regular campus. This instructional arrangement/setting is for providing special education and related services to a student who is in a self-contained program for 50% or more of the regular school day on a regular school campus.
  (7) Off-home campus. This instructional arrangement/setting is for providing special education and related services to the following, including, but not limited to, students at South Texas Independent School District and Windham School District:
    (A) a student who is one of a group of students from more than one school district served in a single location when a free appropriate public education is not available in the respective sending district;
    (B) a student in a community setting or environment (not operated by a school district) that prepares the student for postsecondary education/training, integrated employment, and/or independent living in coordination with the student's individual transition goals and objectives, including a student with regularly scheduled instruction or direct involvement provided by school district personnel or a student in a facility not operated by a school district (other than a nonpublic day school) with instruction provided by school district personnel; or
    (C) a student in a self-contained program at a separate campus operated by the school district that provides only special education and related services.
  (8) Nonpublic day school. This instructional arrangement/setting is for providing special education and related services to students through a contractual agreement with a nonpublic school for special education.
  (9) Vocational adjustment class/program. This instructional arrangement/setting is for providing special education and related services to a student who is placed on a job (paid or unpaid unless otherwise prohibited by law) with regularly scheduled direct involvement by special education personnel in the implementation of the student's IEP. This instructional arrangement/setting shall be used in conjunction with the student's individual transition goals and only after the school district's career and technical education classes have been considered and determined inappropriate for the student.
  (10) Residential care and treatment facility (not school district resident). This instructional arrangement/setting is for providing special education instruction and related services to students who reside in care and treatment facilities and whose parents do not reside within the boundaries of the school district providing educational services to the students. In order to be considered in this arrangement, the services must be provided on a school district campus. If the instruction is provided at the facility, rather than on a school district campus, the instructional arrangement is considered to be the hospital class arrangement/setting rather than this instructional arrangement. Students with disabilities who reside in these facilities may be included in the average daily attendance of the district in the same way as all other students receiving special education.
  (11) State-supported living center. This instructional arrangement/setting is for providing special education and related services to a student who resides at a state-supported living center when the services are provided at the state-supported living center location. If services are provided on a local school district campus, the student is considered to be served in the residential care and treatment facility arrangement/setting.

(d) The appropriate instructional arrangement for students from birth through the age of two with visual impairments or who are deaf or hard of hearing shall be determined in accordance with the IFSP, current attendance guidelines, and the agreement memorandum between the Texas Education Agency (TEA) and Texas Health and Human Services Commission Early Childhood Intervention Services.

(e) For nonpublic day school placements, the school district or shared service arrangement shall submit information to TEA indicating the students' identification numbers, initial dates of placement, and the names of the facilities with which the school district or shared service arrangement is contracting. The school district or shared service arrangement shall not count contract students' average daily attendance as eligible. TEA shall determine the number of contract students reported in full-time equivalents and pay state funds to the district according to the formula prescribed in law.

(f) Other program options that may be considered for the delivery of special education and related services to a student may include the following:
  (1) contracts with other school districts; and
  (2) other program options as approved by TEA.

Last Amended: October 5, 2021, 46 TexRg 6533

34 Code of Federal Regulations § 300.114  LRE requirements.   

. . . 
(b) Additional requirement—State funding mechanism— 
    (1) General. 
          (i) A State funding mechanism must not result in placements that violate the requirements of paragraph (a) of this section; and   
          (ii) A State must not use a funding mechanism by which the State distributes funds on the basis of the type of setting in which a child is served that will result in the failure to provide a child with a disability FAPE according to the unique needs of the child, as described in the child’s IEP.   
       (2) Assurance. If the State does not have policies and procedures to ensure compliance with paragraph (b)(1) of this section, the State must provide the Secretary an assurance that the State will revise the funding mechanism as soon as feasible to ensure that the mechanism does not result in placements that violate that paragraph.


Last Amended:  71 FR 46764, Aug. 14, 2006
Entered:  May 28, 2009

Texas Education Code § 48.102. Special Education.   

. . . 
(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. 
. . . 


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

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

19 Texas Administrative Code § 89.1125. Allowable Expenditures of State Special Education Funds.
 
(a) Persons paid from special education funds shall be assigned to instructional or other duties in the special education program and/or to provide support services to the regular education program in order for students with disabilities to be included in the regular program. Support services shall include, but not be limited to, collaborative planning, co-teaching, small group instruction with special and regular education students, direct instruction to special education students, or other support services determined necessary by the admission, review, and dismissal (ARD) committee for an appropriate program for the student with disabilities. Assignments may include duties supportive to school operations equivalent to those assigned to regular education personnel.
. . . 


Last Amended: November 11, 2007, 32 TexReg 8129
Entered: Dec, 18, 2007

19 Texas Administrative Code § 89.1125. Allowable Expenditures of State Special Education Funds.
 
(a) Persons paid from special education funds shall be assigned to instructional or other duties in the special education program and/or to provide support services to the regular education program in order for students with disabilities to be included in the regular program. Support services shall include, but not be limited to, collaborative planning, co-teaching, small group instruction with special and regular education students, direct instruction to special education students, or other support services determined necessary by the admission, review, and dismissal (ARD) committee for an appropriate program for the student with disabilities. Assignments may include duties supportive to school operations equivalent to those assigned to regular education personnel.
. . . 


Last Amended: November 11, 2007, 32 TexReg 8129
Entered: Dec, 18, 2007

19 Texas Administrative Code § 89.1125. Allowable Expenditures of State Special Education Funds.
 
(a) Persons paid from special education funds shall be assigned to instructional or other duties in the special education program and/or to provide support services to the regular education program in order for students with disabilities to be included in the regular program. Support services shall include, but not be limited to, collaborative planning, co-teaching, small group instruction with special and regular education students, direct instruction to special education students, or other support services determined necessary by the admission, review, and dismissal (ARD) committee for an appropriate program for the student with disabilities. Assignments may include duties supportive to school operations equivalent to those assigned to regular education personnel.
. . . 


Last Amended: November 11, 2007, 32 TexReg 8129
Entered: Dec, 18, 2007

19 Texas Administrative Code § 89.1125. Allowable Expenditures of State Special Education Funds.
 
. . . 
(b) Personnel assigned to provide support services to the regular education program as stated in subsection (a) of this section may be fully funded from special education funds.
. . . 


Last Amended: November 11, 2007, 32 TexReg 8129  
Entered: Dec, 18, 2007

19 Texas Administrative Code § 89.1125. Allowable Expenditures of State Special Education Funds.
 
. . . 
(c) If personnel are assigned to special education on less than a full-time basis, except as stated in subsection (a) of this section, only that portion of time for which the personnel are assigned to students with disabilities shall be paid from state special education funds.
. . . 


Last Amended: November 11, 2007, 32 TexReg 8129  
Entered: Dec, 18, 2007

19 Texas Administrative Code § 89.1125. Allowable Expenditures of State Special Education Funds.
 
. . . 
(d) State special education funds may be used for special materials, supplies, and equipment which are directly related to the development and implementation of individualized education programs (IEPs) of students and which are not ordinarily purchased for the regular classroom. Office and routine classroom supplies are not allowable. Special equipment may include instructional and assistive technology devices, audiovisual equipment, computers for instruction or assessment purposes, and assessment equipment only if used directly with students.
. . . 


Last Amended: November 11, 2007, 32 TexReg 8129  
Entered: Dec, 18, 2007

19 Texas Administrative Code § 89.1125. Allowable Expenditures of State Special Education Funds.
 
. . . 
(d) State special education funds may be used for special materials, supplies, and equipment which are directly related to the development and implementation of individualized education programs (IEPs) of students and which are not ordinarily purchased for the regular classroom. Office and routine classroom supplies are not allowable. Special equipment may include instructional and assistive technology devices, audiovisual equipment, computers for instruction or assessment purposes, and assessment equipment only if used directly with students.
. . . 


Last Amended: November 11, 2007, 32 TexReg 8129  
Entered: Dec, 18, 2007

19 Texas Administrative Code § 89.1125. Allowable Expenditures of State Special Education Funds.
 
. . . 
(d) State special education funds may be used for special materials, supplies, and equipment which are directly related to the development and implementation of individualized education programs (IEPs) of students and which are not ordinarily purchased for the regular classroom. Office and routine classroom supplies are not allowable. Special equipment may include instructional and assistive technology devices, audiovisual equipment, computers for instruction or assessment purposes, and assessment equipment only if used directly with students.
. . . 


Last Amended: November 11, 2007, 32 TexReg 8129  
Entered: Dec, 18, 2007

19 Texas Administrative Code § 89.1125. Allowable Expenditures of State Special Education Funds.
 
. . . 
(e) State special education funds may be used to contract with consultants to provide staff development, program planning and evaluation, instructional services, assessments, and related services to students with disabilities.
. . . 


Last Amended: November 11, 2007, 32 TexReg 8129
Entered: Dec, 18, 2007

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

. . . 
(d)  A school district may use an amount not to exceed 20 percent of the allotment provided for a qualifying student under this section to contract with a private provider to provide supplemental academic services to the student that are recommended under the student’s program or plan described by Subsection (b). A student may not be excused from school to receive supplemental academic services provided under this subsection.


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

19 Texas Administrative Code § 89.1125. Allowable Expenditures of State Special Education Funds.
 
. . . 
(g) State special education funds may be used to pay staff travel to perform services directly related to the education of eligible students with disabilities. Funds may also be used to pay travel of staff (including administrators, general education teachers, and special education teachers and service providers) to attend staff development meetings for the purpose of improving performance in assigned positions directly related to the education of eligible students with disabilities. In no event shall the purpose for attending such staff development meetings include time spent in performing functions relating to the operation of professional organizations. Funds may also be used to pay for the joint training of parents and special education, related services, and general education personnel.


Last Amended: November 11, 2007, 32 TexReg 8129
Entered: Dec. 17, 2007

19 Texas Administrative Code § 89.1125. Allowable Expenditures of State Special Education Funds.
 
. . . 
(g) State special education funds may be used to pay staff travel to perform services directly related to the education of eligible students with disabilities. Funds may also be used to pay travel of staff (including administrators, general education teachers, and special education teachers and service providers) to attend staff development meetings for the purpose of improving performance in assigned positions directly related to the education of eligible students with disabilities. In no event shall the purpose for attending such staff development meetings include time spent in performing functions relating to the operation of professional organizations. Funds may also be used to pay for the joint training of parents and special education, related services, and general education personnel.


Last Amended: November 11, 2007, 32 TexReg 8129
Entered: Dec. 17, 2007

19 Texas Administrative Code § 89.1125. Allowable Expenditures of State Special Education Funds.
 
. . . 
(g) State special education funds may be used to pay staff travel to perform services directly related to the education of eligible students with disabilities. Funds may also be used to pay travel of staff (including administrators, general education teachers, and special education teachers and service providers) to attend staff development meetings for the purpose of improving performance in assigned positions directly related to the education of eligible students with disabilities. In no event shall the purpose for attending such staff development meetings include time spent in performing functions relating to the operation of professional organizations. Funds may also be used to pay for the joint training of parents and special education, related services, and general education personnel.


Last Amended: November 11, 2007, 32 TexReg 8129
Entered: Dec. 17, 2007

19 Texas Administrative Code § 89.1125. Allowable Expenditures of State Special Education Funds.
 
. . . 
(g) State special education funds may be used to pay staff travel to perform services directly related to the education of eligible students with disabilities. Funds may also be used to pay travel of staff (including administrators, general education teachers, and special education teachers and service providers) to attend staff development meetings for the purpose of improving performance in assigned positions directly related to the education of eligible students with disabilities. In no event shall the purpose for attending such staff development meetings include time spent in performing functions relating to the operation of professional organizations. Funds may also be used to pay for the joint training of parents and special education, related services, and general education personnel.


Last Amended: November 11, 2007, 32 TexReg 8129
Entered: Dec. 17, 2007

19 Texas Administrative Code § 89.1125. Allowable Expenditures of State Special Education Funds.
 
. . . 
(f) State special education funds may be used for transportation only to and from residential placements. Prior to using federal funds for transportation costs to and from a residential facility, a district must use state or local funds based on actual expenses up to the state transportation maximum for private transportation contracts.
. . . 


Last Amended: November 11, 2007, 32 TexReg 8129
Entered: Dec, 18, 2007

Financial Accountability System Resource Guide (FASRG) (TEA)

The Department of Grants Compliance and Administration (TEA)

Program Guidelines 2018-2019 Special Education Consolidated Grant Application (TEA)

 

• Appendix A. Allowable and Unallowable Expenditures, pgs. 36-69