89R1978 KJE-F     By: Bettencourt, et al. S.B. No. 568       A BILL TO BE ENTITLED   AN ACT   relating to special education in public schools, including funding   for special education under the Foundation School Program.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 8.051(d), Education Code, is amended to   read as follows:          (d)  Each regional education service center shall maintain   core services for purchase by school districts and campuses.  The   core services are:                (1)  training and assistance in:                      (A)  teaching each subject area assessed under   Section 39.023; and                      (B)  providing instruction in personal financial   literacy as required under Section 28.0021;                (2)  training and assistance in providing each program   that qualifies for a funding allotment under Section 48.102,   48.1021, 48.104, 48.105, or 48.109;                (3)  assistance specifically designed for a school   district or campus assigned an unacceptable performance rating   under Section 39.054;                (4)  training and assistance to teachers,   administrators, members of district boards of trustees, and members   of site-based decision-making committees;                (5)  assistance specifically designed for a school   district that is considered out of compliance with state or federal   special education requirements, based on the agency's most recent   compliance review of the district's special education programs; and                (6)  assistance in complying with state laws and rules.          SECTION 2.  Section 29.001, Education Code, is amended to   read as follows:          Sec. 29.001.  IMPLEMENTATION OF SPECIAL EDUCATION   LAW [STATEWIDE PLAN].  (a)  As the state education agency   responsible for carrying out the purposes of Part B, Individuals   with Disabilities Education Act (20 U.S.C. Section 1411 et seq.),   the [The] agency shall develop, and revise [modify] as necessary, a   comprehensive system to ensure statewide and local compliance   [design, consistent] with federal and state law related to special   education[, for the delivery of services to children with   disabilities in this state that includes rules for the   administration and funding of the special education program so that   a free appropriate public education is available to all of those   children between the ages of three and 21].          (b)  The comprehensive system [statewide design] shall   include the provision of services primarily through school   districts and shared services arrangements, supplemented by   regional education service centers.          (c)  The comprehensive system [agency] shall focus on   maximizing student outcomes and include [also develop and implement   a statewide plan with programmatic content that includes procedures   designed to]:                (1)  rulemaking, technical assistance, guidance   documents, monitoring protocols, and other resources as necessary   to implement and ensure compliance with federal and state law   related to special education [ensure state compliance with   requirements for supplemental federal funding for all   state-administered programs involving the delivery of   instructional or related services to students with disabilities];                (2)  the facilitation of [facilitate] interagency   coordination when other state agencies are involved in the delivery   of instructional or related services to students with disabilities;                (3)  the pursuit of [periodically assess statewide   personnel needs in all areas of specialization related to special   education and pursue] strategies to meet statewide special   education and related services personnel [those] needs [through a   consortium of representatives from regional education service   centers, local education agencies, and institutions of higher   education and through other available alternatives];                (4)  ensuring [ensure] that regional education service   centers throughout the state maintain a regional support function,   which may include direct service delivery and a component designed   to facilitate the placement of students with disabilities who   cannot be appropriately served in their resident districts;                (5)  [allow the agency to] effectively monitoring   [monitor] and periodically conducting [conduct] site visits of all   school districts to ensure that rules adopted under this subchapter   [section] are applied in a consistent and uniform manner, to ensure   that districts are complying with those rules, and to ensure that   annual statistical reports filed by the districts and not otherwise   available through the Public Education Information Management   System under Sections 48.008 and 48.009 are accurate and complete;   and                (6)  the provision of training and technical assistance   to ensure that:                      (A)  appropriately trained personnel are involved   in the diagnostic and evaluative procedures operating in all   districts and that those personnel routinely serve on district   admissions, review, and dismissal committees;                      (B)  [(7)  ensure that] an individualized   education program for each student with a disability is properly   developed, implemented, and maintained in the least restrictive   environment that is appropriate to meet the student's educational   needs;                      (C)  [(8)  ensure that,] when appropriate, each   student with a disability is provided an opportunity to participate   in career and technology and physical education classes[, in   addition to participating in regular or special classes];                      (D)  [(9)  ensure that] each student with a   disability is provided necessary related services;                      (E)  [(10)  ensure that] an individual assigned   to act as a surrogate parent for a child with a disability, as   provided by 20 U.S.C. Section 1415(b), is required to:                            (i) [(A)]  complete a training program that   complies with minimum standards established by agency rule;                            (ii) [(B)]  visit the child and the child's   school;                            (iii) [(C)]  consult with persons involved   in the child's education, including teachers, caseworkers,   court-appointed volunteers, guardians ad litem, attorneys ad   litem, foster parents, and caretakers;                            (iv) [(D)]  review the child's educational   records;                            (v) [(E)]  attend meetings of the child's   admission, review, and dismissal committee;                            (vi) [(F)]  exercise independent judgment   in pursuing the child's interests; and                            (vii) [(G)]  exercise the child's due   process rights under applicable state and federal law; and                      (F)  [(11)  ensure that] each district develops a   process to be used by a teacher who instructs a student with a   disability in a regular classroom setting:                            (i) [(A)]  to request a review of the   student's individualized education program;                            (ii) [(B)]  to provide input in the   development of the student's individualized education program;                            (iii) [(C)]  that provides for a timely   district response to the teacher's request; and                            (iv) [(D)]  that provides for notification   to the student's parent or legal guardian of that response.          SECTION 3.  Subchapter A, Chapter 29, Education Code, is   amended by adding Section 29.0012 to read as follows:          Sec. 29.0012.  ANNUAL MEETING ON SPECIAL EDUCATION. (a)  At   least once each year, the board of trustees of a school district or   the governing body of an open-enrollment charter school shall   include during a public meeting a discussion of the performance of   students receiving special education services at the district or   school.          (b)  The agency by rule shall adopt a set of performance   indicators for measuring and evaluating the quality of learning and   achievement for students receiving special education services at   the school district or open-enrollment charter school to be   considered at a meeting held under this section.  The indicators   must include performance on the college, career, or military   readiness outcomes described by Section 48.110.          SECTION 4.  Section 29.003, Education Code, is amended to   read as follows:          Sec. 29.003.  ELIGIBILITY CRITERIA.  (a)  The agency shall   develop specific eligibility criteria based on the general   classifications established by this section and in accordance with   federal law [with reference to contemporary diagnostic or   evaluative terminologies and techniques].  Eligible students with   disabilities shall enjoy the right to a free appropriate public   education, which may include instruction in the regular classroom,   instruction through special teaching, or instruction through   contracts approved under this subchapter.  Instruction shall be   supplemented by the provision of related services when appropriate.          (b)  A student is eligible to participate in a school   district's special education program [if the student]:                (1)  from birth through [is not more than] 21 years of   age if the student [and] has a visual [or auditory] impairment or is   deaf or hard of hearing and that disability prevents the student   from being adequately or safely educated in public school without   the provision of special education services; [or]                (2)  from three years of age through five years of age   if the student is experiencing developmental delays as described by   20 U.S.C. Section 1401(3)(B) and defined by commissioner rule; or                (3)  from 3 years of age through [is at least three but   not more than] 21 years of age if the student [and] has one or more   of the [following] disabilities described by 20 U.S.C. Section   1401(3)(A) and that disability prevents the student from being   adequately or safely educated in public school without the   provision of special education services[:                      [(A)  physical disability;                      [(B)  intellectual or developmental disability;                      [(C)  emotional disturbance;                      [(D)  learning disability;                      [(E)  autism;                      [(F)  speech disability; or                      [(G)  traumatic brain injury].          SECTION 5.  Sections 29.005(d) and (e), Education Code, are   amended to read as follows:          (d)  If the child's parent primarily uses a language or mode   of communication other than [is unable to speak] English, the   district shall:                (1)  if the parent primarily uses Spanish, provide the   parent with a written or audiotaped copy of the child's   individualized education program translated into Spanish [if   Spanish is the parent's native language]; or                (2)  if the parent primarily uses a [parent's native]   language or mode of communication [is a language] other than   Spanish, make a good faith effort to provide the parent with a   written or audiotaped copy of the child's individualized education   program translated into the parent's primary [native] language or   mode of communication.          (e)  The commissioner by rule may require a school district   to include in the individualized education program of a student   with autism [or another pervasive developmental disorder] any   information or requirement determined necessary to ensure the   student receives a free appropriate public education as required   under the Individuals with Disabilities Education Act (20 U.S.C.   Section 1400 et seq.).          SECTION 6.  Subchapter A, Chapter 29, Education Code, is   amended by adding Section 29.0056 to read as follows:          Sec. 29.0056.  INFORMATION REGARDING STATE SUPPORTED LIVING   CENTERS. (a)  In this section, "state supported living center" has   the meaning assigned by Section 531.002, Health and Safety Code.          (b)  The Health and Human Services Commission, in   collaboration with the agency and stakeholders who represent the   full continuum of educational residential placement options, shall   develop and provide to the agency materials regarding educational   residential placement options for children who may qualify for   placement in a state supported living center. The agency shall make   the materials developed under this subsection available to school   districts.          (c)  At a meeting of a child's admission, review, and   dismissal committee at which residential placement is discussed,   the school district shall provide to the child's parent the   materials developed under Subsection (b).          SECTION 7.  Section 29.008, Education Code, is amended by   amending Subsections (a) and (b) and adding Subsection (a-1) to   read as follows:          (a)  The commissioner shall establish a list of approved   public or private facilities, institutions, or agencies inside or   outside of this state that a [A] school district, shared services   arrangement unit, or regional education service center may contract   with [a public or private facility, institution, or agency inside   or outside of this state] for the provision of services to students   with disabilities in a residential placement.  The commissioner may   approve either the whole or a part of a facility or program.          (a-1)  Each contract described by this section [for   residential placement] must be approved by the commissioner.  The   commissioner may approve a [residential placement] contract under   this section only after at least a programmatic evaluation of   personnel qualifications, costs, adequacy of physical plant and   equipment, and curriculum content.  [The commissioner may approve   either the whole or a part of a facility or program.]          (b)  Except as provided by Subsection (c), costs of an   approved contract for residential placement may be paid from a   combination of federal, state, and local funds.  The local share of   the total contract cost for each student is that portion of the   local tax effort that exceeds the district's local fund assignment   under Section 48.256, divided by the average daily attendance in   the district.  If the contract involves a private facility, the   state share of the total contract cost is that amount remaining   after subtracting the local share.  If the contract involves a   public facility, the state share is that amount remaining after   subtracting the local share from the portion of the contract that   involves the costs of instructional and related services.  For   purposes of this subsection, "local tax effort" means the total   amount of money generated by taxes imposed for debt service and   maintenance and operation less any amounts paid into a tax   increment fund under Chapter 311, Tax Code.  This subsection   expires September 1, 2029.          SECTION 8.  The heading to Section 29.009, Education Code,   is amended to read as follows:          Sec. 29.009.  PUBLIC NOTICE CONCERNING EARLY CHILDHOOD   SPECIAL EDUCATION [PRESCHOOL] PROGRAMS [FOR STUDENTS WITH   DISABILITIES].          SECTION 9.  Section 29.010, Education Code, is amended to   read as follows:          Sec. 29.010.  GENERAL SUPERVISION AND COMPLIANCE.  (a)  The   agency shall develop [adopt] and implement a comprehensive system   for monitoring school district compliance with federal and state   laws relating to special education.  The monitoring system must   include a comprehensive cyclical process and a targeted risk-based   process [provide for ongoing analysis of district special education   data and of complaints filed with the agency concerning special   education services and for inspections of school districts at   district facilities].  The agency shall establish criteria and   instruments for use in determining district compliance under this   section [use the information obtained through analysis of district   data and from the complaints management system to determine the   appropriate schedule for and extent of the inspection].          (b)  As part of the monitoring process [To complete the   inspection], the agency must obtain information from parents and   teachers of students in special education programs in the district.          (c)  The agency shall develop and implement a system of   interventions and sanctions for school districts the agency   identifies as being in noncompliance with [whose most recent   monitoring visit shows a failure to comply with major requirements   of] the Individuals with Disabilities Education Act (20 U.S.C.   Section 1400 et seq.), federal regulations, state statutes, or   agency requirements necessary to carry out federal law or   regulations or state law relating to special education.          (d)  The agency shall establish a graduated process of   sanctions to apply to [For] districts that remain in noncompliance   for more than one year[, the first stage of sanctions shall begin   with annual or more frequent monitoring visits]. The [Subsequent]   sanctions shall [may] range in severity and may include [up to] the   withholding of funds.  If funds are withheld, the agency may use the   funds to provide, through alternative arrangements, services to   students and staff members in the district from which the funds are   withheld.          (e)  The agency's complaint management division shall   develop a system for expedited investigation and resolution of   complaints concerning a district's failure to provide special   education or related services to a student eligible to participate   in the district's special education program.          [(f)  This section does not create an obligation for or   impose a requirement on a school district or open-enrollment   charter school that is not also created or imposed under another   state law or a federal law.]          SECTION 10.  Section 29.014(d), Education Code, is amended   to read as follows:          (d)  The basic allotment for a student enrolled in a district   to which this section applies is adjusted by the tier of intensity   of service defined in accordance with [weight for a homebound   student under] Section 48.102 and designated by commissioner rule   for use under this section [48.102(a)].          SECTION 11.  Sections 29.022(a), (a-1), (b), (c), (c-1),   (d), (f), (h), (k), (l), (s), and (t), Education Code, are amended   to read as follows:          (a)  In order to promote student safety, on receipt of a   written request authorized under Subsection (a-1), a school   district or open-enrollment charter school shall provide   equipment, including a video camera, to the school or schools in the   district or the charter school campus or campuses specified in the   request.  A school or campus that receives equipment as provided by   this subsection shall place, operate, and maintain one or more   video cameras in special education [self-contained] classrooms and   other special education settings [in which a majority of the   students in regular attendance are provided special education and   related services and are assigned to one or more self-contained   classrooms or other special education settings for at least 50   percent of the instructional day], provided that:                (1)  a school or campus that receives equipment as a   result of the request by a parent or staff member is required to   place equipment only in classrooms or settings in which the   parent's child is in regular attendance or to which the staff member   is assigned, as applicable; and                (2)  a school or campus that receives equipment as a   result of the request by a board of trustees, governing body,   principal, or assistant principal is required to place equipment   only in classrooms or settings identified by the requestor, if the   requestor limits the request to specific classrooms or settings   subject to this subsection.          (a-1)  For purposes of Subsection (a):                (1)  a parent of a child who receives special education   services in one or more special education [self-contained]   classrooms or other special education settings may request in   writing that equipment be provided to the school or campus at which   the child receives those services;                (2)  a board of trustees or governing body may request   in writing that equipment be provided to one or more specified   schools or campuses at which one or more children receive special   education services in special education [self-contained]   classrooms or other special education settings;                (3)  the principal or assistant principal of a school   or campus at which one or more children receive special education   services in special education [self-contained] classrooms or other   special education settings may request in writing that equipment be   provided to the principal's or assistant principal's school or   campus; and                (4)  a staff member assigned to work with one or more   children receiving special education services in special education   [self-contained] classrooms or other special education settings   may request in writing that equipment be provided to the school or   campus at which the staff member works.          (b)  A school or campus that places a video camera in a   special education classroom or other special education setting in   accordance with Subsection (a) shall operate and maintain the video   camera in the classroom or setting, as long as the classroom or   setting continues to satisfy the requirements under Subsection (a),   for the remainder of the school year in which the school or campus   received the request, unless the requestor withdraws the request in   writing.  If for any reason a school or campus will discontinue   operation of a video camera during a school year, not later than the   fifth school day before the date the operation of the video camera   will be discontinued, the school or campus must notify the parents   of each student in regular attendance in the classroom or setting   that operation of the video camera will not continue unless   requested by a person eligible to make a request under Subsection   (a-1).  Not later than the 10th school day before the end of each   school year, the school or campus must notify the parents of each   student in regular attendance in the classroom or setting that   operation of the video camera will not continue during the   following school year unless a person eligible to make a request for   the next school year under Subsection (a-1) submits a new request.          (c)  Except as provided by Subsection (c-1), video cameras   placed under this section must be capable of:                (1)  covering all areas of the special education   classroom or other special education setting, including a room   attached to the classroom or setting used for time-out; and                (2)  recording audio from all areas of the special   education classroom or other special education setting, including a   room attached to the classroom or setting used for time-out.          (c-1)  The inside of a bathroom or any area in the special   education classroom or other special education setting in which a   student's clothes are changed may not be visually monitored, except   for incidental coverage of a minor portion of a bathroom or changing   area because of the layout of the classroom or setting.          (d)  Before a school or campus activates a video camera in a   special education classroom or other special education setting   under this section, the school or campus shall provide written   notice of the placement to all school or campus staff and to the   parents of each student attending class or engaging in school   activities in the classroom or setting.          (f)  A school district or open-enrollment charter school may   solicit and accept gifts, grants, and donations from any person for   use in placing video cameras in special education classrooms or   other special education settings under this section.          (h)  A school district or open-enrollment charter school may   not:                (1)  allow regular or continual monitoring of video   recorded under this section; or                (2)  use video recorded under this section for teacher   evaluation or for any other purpose other than the promotion of   safety of students receiving special education services in a   special education [self-contained] classroom or other special   education setting.          (k)  The commissioner may adopt rules to implement and   administer this section, including rules regarding the special   education classrooms and other special education settings to which   this section applies.          (l)  A school district or open-enrollment charter school   policy relating to the placement, operation, or maintenance of   video cameras under this section must:                (1)  include information on how a person may appeal an   action by the district or school that the person believes to be in   violation of this section or a policy adopted in accordance with   this section, including the appeals process under Section 7.057;                (2)  require that the district or school provide a   response to a request made under this section not later than the   seventh school business day after receipt of the request by the   person to whom it must be submitted under Subsection (a-3) that   authorizes the request or states the reason for denying the   request;                (3)  except as provided by Subdivision (5), require   that a school or a campus begin operation of a video camera in   compliance with this section not later than the 45th school   business day, or the first school day after the 45th school business   day if that day is not a school day, after the request is authorized   unless the agency grants an extension of time;                (4)  permit the parent of a student whose admission,   review, and dismissal committee has determined that the student's   placement for the following school year will be in a special   education classroom or other special education setting in which a   video camera may be placed under this section to make a request for   the video camera by the later of:                      (A)  the date on which the current school year   ends; or                      (B)  the 10th school business day after the date   of the placement determination by the admission, review, and   dismissal committee; and                (5)  if a request is made by a parent in compliance with   Subdivision (4), unless the agency grants an extension of time,   require that a school or campus begin operation of a video camera in   compliance with this section not later than the later of:                      (A)  the 10th school day of the fall semester; or                      (B)  the 45th school business day, or the first   school day after the 45th school business day if that day is not a   school day, after the date the request is made.          (s)  This section applies to the placement, operation, and   maintenance of a video camera in a special education   [self-contained] classroom or other special education setting   during the regular school year and extended school year services.          (t)  A video camera placed under this section is not required   to be in operation for the time during which students are not   present in the special education classroom or other special   education setting.          SECTION 12.  Sections 29.022(u)(3) and (4), Education Code,   are amended to read as follows:                (3)  "Special education classroom or other special   education setting" means a classroom or setting primarily used for   delivering special education services to students who spend on   average less than 50 percent of an instructional day in a general   education classroom or setting ["Self-contained classroom" does   not include a classroom that is a resource room instructional   arrangement under Section 48.102].                (4)  "Staff member" means a teacher, related service   provider, paraprofessional, counselor, or educational aide   assigned to work in a special education [self-contained] classroom   or other special education setting.          SECTION 13.  Subchapter A, Chapter 29, Education Code, is   amended by adding Sections 29.023, 29.024, and 29.025 to read as   follows:          Sec. 29.023.  GRANT PROGRAM PROVIDING SERVICES TO STUDENTS   WITH AUTISM. (a)  The commissioner shall establish a program to   award grants to school districts and open-enrollment charter   schools that provide innovative services to students with autism.          (b)  A school district, including a school district acting   through a district charter issued under Subchapter C, Chapter 12,   and an open-enrollment charter school, including a charter school   that primarily serves students with disabilities, as provided under   Section 12.1014, may apply for a grant under this section.          (c)  A program is eligible for a grant under this section if   the program:                (1)  incorporates:                      (A)  evidence-based and research-based design;                      (B)  the use of empirical data on student   achievement and improvement;                      (C)  parental support and collaboration;                      (D)  the use of technology;                      (E)  meaningful inclusion; and                      (F)  the ability to replicate the program for   students statewide; and                (2)  gives priority for enrollment to students with   autism.          (d)  A school district or open-enrollment charter school may   not:                (1)  charge a fee for the program, other than those   authorized by law for students in public schools;                (2)  require a parent to enroll a child in the program;                (3)  allow an admission, review, and dismissal   committee to place a student in the program without the written   consent of the student's parent or guardian; or                (4)  continue the placement of a student in the program   after the student's parent or guardian revokes consent, in writing,   to the student's placement in the program.          (e)  A program under this section may:                (1)  alter the length of the school day or school year   or the number of minutes of instruction received by students;                (2)  coordinate services with private or   community-based providers;                (3)  allow the enrollment of students without   disabilities or with other disabilities, if approved by the   commissioner; and                (4)  adopt staff qualifications and staff-to-student   ratios that differ from the applicable requirements of this title.          (f)  The commissioner shall create an external panel of   stakeholders, including parents of students with disabilities, to   provide assistance in the selection of applications for the award   of grants under this section.          (g)  In selecting programs to receive a grant under this   section, the commissioner shall prioritize programs that are   collaborations between multiple school districts, multiple charter   schools, or school districts and charter schools.  The selected   programs must reflect the diversity of this state.          (h)  A program selected to receive a grant under this section   is to be funded for two years.          (i)  A grant awarded to a school district or open-enrollment   charter school under this section is in addition to the Foundation   School Program money that the district or charter school is   otherwise entitled to receive.  A grant awarded under this section   may not come out of Foundation School Program money.          (j)  The commissioner shall use money appropriated or   otherwise available to fund grants under this section.          (k)  The commissioner and any program selected under this   section may accept gifts, grants, and donations from any public or   private source, person, or group to implement and administer the   program.  The commissioner and any program selected under this   section may not require any financial contribution from parents to   implement and administer the program.          (l)  A regional education service center may administer   grants awarded under this section.          Sec. 29.024.  GRANT PROGRAM PROVIDING TRAINING IN DYSLEXIA   FOR TEACHERS AND STAFF. (a)  The commissioner shall establish a   program to award grants to school districts and open-enrollment   charter schools to increase local capacity to appropriately serve   students with dyslexia.          (b)  A school district, including a school district acting   through a district charter issued under Subchapter C, Chapter 12,   or an open-enrollment charter school, including a charter school   that primarily serves students with disabilities, as provided under   Section 12.1014, is eligible to apply for a grant under this section   if the district or school submits to the commissioner a proposal on   the use of grant funds that:                (1)  incorporates  evidence-based and research-based   design; and                (2)  increases local capacity to appropriately serve   students with dyslexia by providing:                      (A)  high-quality training to classroom teachers   and administrators in meeting the needs of students with dyslexia;   or                      (B)  training to intervention staff resulting in   appropriate credentialing related to dyslexia.          (c)   The commissioner shall create an external panel of   stakeholders, including parents of students with disabilities, to   provide assistance in the selection of applications for the award   of grants under this section.          (d)  A grant under this section is to be awarded for two   years.          (e)  A grant awarded to a school district or open-enrollment   charter school under this section is in addition to the Foundation   School Program money that the district or charter school is   otherwise entitled to receive. A grant awarded under this section   may not come out of Foundation School Program money.          (f)  The commissioner shall use money appropriated or   otherwise available to fund grants under this section.          (g)  The commissioner and any grant recipient selected under   this section may accept gifts, grants, and donations from any   public or private source, person, or group to implement and   administer the grant.  The commissioner and any grant recipient   selected under this section may not require any financial   contribution from parents to implement and administer the grant.          (h)  A regional education service center may administer   grants awarded under this section.          Sec. 29.025.  SUPPORTS FOR RECRUITING SPECIAL EDUCATION   STAFF. (a) From money appropriated or otherwise available for the   purpose, the agency shall provide grants to school districts and   open-enrollment charter schools to increase the number of qualified   and appropriately credentialed special education staff, including   special education teachers, special education paraprofessionals,   evaluation personnel, ancillary instruction personnel, and related   service personnel.          (b)  A school district or open-enrollment charter school   that receives a grant under this section shall require each person   the district or school uses the grant money to assist in becoming   licensed, certified, or otherwise credentialed as described by   Subsection (a) to work at the district or school for a period   established by commissioner rule.          (c)  The commissioner shall adopt rules establishing the   period of required employment described by Subsection (b) and any   other rules necessary to implement this section.          SECTION 14.  The heading to Subchapter A-1, Chapter 29,   Education Code, is amended to read as follows:   SUBCHAPTER A-1. PARENT-DIRECTED [SUPPLEMENTAL SPECIAL EDUCATION]   SERVICES FOR STUDENTS RECEIVING SPECIAL EDUCATION SERVICES   [PROGRAM]          SECTION 15.  Sections 29.041(2) and (3), Education Code, are   amended to read as follows:                (2)  "Supplemental [special education] instructional   materials" includes textbooks, computer hardware or software,   other technological devices, and other materials suitable for   addressing an educational need of a student receiving special   education services under Subchapter A.                (3)  "Supplemental [special education] services" means   an additive service that provides an educational benefit to a   student receiving special education services under Subchapter A,   including:                      (A)  occupational therapy, physical therapy, and   speech therapy; and                      (B)  private tutoring and other supplemental   private instruction or programs.          SECTION 16.  Sections 29.042(a) and (c), Education Code, are   amended to read as follows:          (a)  The agency by rule shall establish and administer a   parent-directed [supplemental special education services and   instructional materials] program for students receiving special   education services through which a parent may direct supplemental   services and supplemental instructional materials for the parent's   student [students] who meets [meet] the eligibility requirements   for participation in the program. Subject to Subsection (c), the   agency shall provide each student approved as provided by this   subchapter a grant in the amount provided under Section 48.306 [of   not more than $1,500] to purchase supplemental [special education]   services and supplemental [special education] instructional   materials.          (c)  A student may receive one grant under this subchapter   unless the legislature appropriates money for an additional grant   in the General Appropriations Act [The commissioner shall set aside   an amount set by appropriation for each state fiscal year to fund   the program under this section. For each state fiscal year, the   total amount provided for student grants under Subsection (a) may   not exceed the amount set aside by the commissioner under this   subsection].          SECTION 17.  Section 29.045, Education Code, is amended to   read as follows:          Sec. 29.045.  APPROVAL OF APPLICATION; ASSIGNMENT OF   ACCOUNT. The [Subject to available funding the] agency shall   approve each student who meets the program eligibility criteria   established under Section 29.044 and assign to the student an   account maintained under Section 29.042(b). The account may only   be used by the student's parent to purchase supplemental [special   education] services or supplemental [special education]   instructional materials for the student, subject to Sections 29.046   and 29.047.          SECTION 18.  Sections 29.046(a) and (b), Education Code, are   amended to read as follows:          (a)  Money in an account assigned to a student under Section   29.045 may be used only for supplemental [special education]   services and supplemental [special education] instructional   materials.          (b)  Supplemental [special education] services must be   provided by an agency-approved provider.          SECTION 19.  Sections 29.047(a), (c), (d), and (e),   Education Code, are amended to read as follows:          (a)  The agency shall establish criteria necessary for   agency approval for each category of provider of a professional   service that is a supplemental [special education] service, as   identified by the agency.          (c)  The agency shall provide a procedure for providers of   supplemental [special education] services to apply to the agency to   become an agency-approved provider.          (d)  The agency may establish criteria for agency approval of   vendors for each category of supplemental [special education]   instructional materials identified by the agency.          (e)  If the agency establishes criteria for agency approval   for a vendor of a category of supplemental [special education]   instructional materials, the agency shall provide a procedure for   vendors of that category to apply to the agency to become an   agency-approved vendor.          SECTION 20.  Subchapter A-1, Chapter 29, Education Code, is   amended by adding Section 29.0475 to read as follows:          Sec. 29.0475.  PROGRAM PARTICIPANT, PROVIDER, AND VENDOR   AUTONOMY. (a) A provider of supplemental services or vendor of   supplemental instructional materials that receives money   distributed under the program is not a recipient of federal   financial assistance on the basis of receiving that money.          (b)  A rule adopted or action taken related to the program by   an individual, governmental entity, court of law, or program   administrator may not:                (1)  consider the actions of a provider of supplemental   services, vendor of supplemental instructional materials, or   program participant to be the actions of an agent of state   government;                (2)  limit:                      (A)  a provider of supplemental services' ability   to determine the methods used to educate the provider's students or   to exercise the provider's religious or institutional values; or                      (B)  a program participant's ability to determine   the participant's educational content or to exercise the   participant's religious values;                (3)  obligate a provider of supplemental services or   program participant to act contrary to the provider's or   participant's religious or institutional values, as applicable;                (4)  impose any regulation on a provider of   supplemental services, vendor of supplemental instructional   materials, or program participant beyond those regulations   necessary to enforce the requirements of the program; or                (5)  require as a condition of receiving money   distributed under the program:                      (A)  a provider of supplemental services to modify   the provider's creed, practices, admissions policies, curriculum,   performance standards, employment policies, or assessments; or                      (B)  a program participant to modify the   participant's creed, practices, curriculum, performance standards,   or assessments.          (c)  In a proceeding challenging a rule adopted by a state   agency or officer under this subchapter, the agency or officer has   the burden of proof to establish by clear and convincing evidence   that the rule:                (1)  is necessary to implement or enforce the program   as provided by this subchapter;                (2)  does not violate this section;                (3)  does not impose an undue burden on a program   participant or a provider of supplemental services or vendor of   supplemental instructional materials that participates or applies   to participate in the program; and                (4)  is the least restrictive means of accomplishing   the purpose of the program while recognizing the independence of a   provider of supplemental services to meet the educational needs of   students in accordance with the provider's religious or   institutional values.          SECTION 21.  Section 29.048, Education Code, is amended to   read as follows:          Sec. 29.048.  ADMISSION, REVIEW, AND DISMISSAL COMMITTEE   DUTIES. (a) A student's admission, review, and dismissal   committee shall develop a student's individualized education   program under Section 29.005, in compliance with the Individuals   with Disabilities Education Act (20 U.S.C. Section 1400 et seq.),   without consideration of any supplemental [special education]   services or supplemental instructional materials that may be   provided under the program under this subchapter.          (b)  Unless the district first verifies that an account has   been assigned to the student under Section 29.045, the [The]   admission, review, and dismissal committee of a student approved   for participation in the program shall provide to the student's   parent at an admission, review, and dismissal committee meeting for   the student:                (1)  information regarding the types of supplemental   [special education] services or supplemental instructional   materials available under the program and provided by   agency-approved providers for which an account maintained under   Section 29.042(b) for the student may be used; and                (2)  instructions regarding accessing an account   described by Subdivision (1).          SECTION 22.  Subchapter A-1, Chapter 29, Education Code, is   amended by adding Section 29.0485 to read as follows:          Sec. 29.0485.  DETERMINATION OF COMMISSIONER FINAL.   Notwithstanding Section 7.057, a determination of the commissioner   under this subchapter is final and may not be appealed.          SECTION 23.  Section 29.049, Education Code, is amended to   read as follows:          Sec. 29.049.  RULES. The commissioner shall adopt rules as   necessary to administer the supplemental [special education]   services and supplemental instructional materials program under   this subchapter.          SECTION 24.  Section 29.315, Education Code, is amended to   read as follows:          Sec. 29.315.  TEXAS SCHOOL FOR THE DEAF MEMORANDUM OF   UNDERSTANDING. The Texas Education Agency and the Texas School for   the Deaf shall develop[, agree to, and by commissioner rule adopt no   later than September 1, 1998,] a memorandum of understanding to   establish:                (1)  the method for developing and reevaluating a set   of indicators of the quality of learning at the Texas School for the   Deaf;                (2)  the process for the agency to conduct and report on   an annual evaluation of the school's performance on the indicators;                (3)  the requirements for the school's board to   publish, discuss, and disseminate an annual report describing the   educational performance of the school;                (4)  the process for the agency to assign an   accreditation status to the school, to reevaluate the status on an   annual basis, and, if necessary, to conduct monitoring reviews; and                (5)  the type of information the school shall be   required to provide through the Public Education Information   Management System (PEIMS).          SECTION 25.  Section 29.316(c), Education Code, is amended   to read as follows:          (c)  Not later than August 31 of each year, the agency, the   division, and the center jointly shall prepare and post on the   agency's, the division's, and the center's respective Internet   websites a report on the language acquisition of children eight   years of age or younger who are deaf or hard of hearing. The report   must:                (1)  include:                      (A)  existing data reported in compliance with   federal law regarding children with disabilities; and                      (B)  information relating to the language   acquisition of children who are deaf or hard of hearing and also   have other disabilities;                (2)  state for each child:                      (A)  the percentage of the instructional day   [arrangement used with the child, as described by Section 48.102,   including the time] the child spends on average in a general   education setting [mainstream instructional arrangement];                      (B)  the specific language acquisition services   provided to the child, including:                            (i)  the time spent providing those   services; and                            (ii)  a description of any hearing   amplification used in the delivery of those services, including:                                  (a)  the type of hearing amplification   used;                                  (b)  the period of time in which the   child has had access to the hearing amplification; and                                  (c)  the average amount of time the   child uses the hearing amplification each day;                      (C)  the tools or assessments used to assess the   child's language acquisition and the results obtained;                      (D)  the preferred unique communication mode used   by the child at home; and                      (E)  the child's age, race, and gender, the age at   which the child was identified as being deaf or hard of hearing, and   any other relevant demographic information the commissioner   determines to likely be correlated with or have an impact on the   child's language acquisition;                (3)  compare progress in English literacy made by   children who are deaf or hard of hearing to progress in that subject   made by children of the same age who are not deaf or hard of hearing,   by appropriate age range; and                (4)  be redacted as necessary to comply with state and   federal law regarding the confidentiality of student medical or   educational information.          SECTION 26.  Section 30.001(b), Education Code, is amended   to read as follows:          (b)  The commissioner, with the approval of the State Board   of Education, shall develop and implement a plan for the   coordination of services to children with disabilities in each   region served by a regional education service center.  The plan   must include procedures for:                (1)  identifying existing public or private   educational and related services for children with disabilities in   each region;                (2)  identifying and referring children with   disabilities who cannot be appropriately served by the school   district in which they reside to other appropriate programs;                (3)  assisting school districts to individually or   cooperatively develop programs to identify and provide appropriate   services for children with disabilities;                (4)  expanding and coordinating services provided by   regional education service centers for children with disabilities;   and                (5)  providing for special education supports   [services], including special seats, books, instructional media,   and other supplemental supplies and services required for proper   instruction.          SECTION 27.  Sections 30.002(a), (b), (c), and (g),   Education Code, are amended to read as follows:          (a)  The agency shall develop and administer a comprehensive   statewide plan for the education of children with visual   impairments who are under 22 [21] years of age that will ensure that   the children have an opportunity for achievement equal to the   opportunities afforded their peers with normal vision.          (b)  The agency shall:                (1)  develop standards and guidelines for all special   education services for children with visual impairments that it is   authorized to provide or support under this code;                (2)  supervise regional education service centers and   other entities in assisting school districts in serving children   with visual impairments more effectively;                (3)  develop and administer special education services   for students who both have [with both serious] visual [and   auditory] impairments and are deaf or hard of hearing;                (4)  evaluate special education services provided for   children with visual impairments by school districts and approve or   disapprove state funding of those services; and                (5)  maintain an effective liaison between special   education programs provided for children with visual impairments by   school districts and related initiatives of the Health and Human   Services Commission, the Department of State Health Services Mental   Health and Substance Abuse Division, the Texas Workforce   Commission, and other related programs, agencies, or facilities as   appropriate.          (c)  The comprehensive statewide plan for the education of   children with visual impairments must:                (1)  adequately provide for comprehensive diagnosis   and evaluation of each school-age child with a [serious] visual   impairment;                (2)  include the procedures, format, and content of the   individualized education program for each child with a visual   impairment;                (3)  emphasize providing educational services to   children with visual impairments in their home communities whenever   possible;                (4)  include methods to ensure that children with   visual impairments receiving special education services in school   districts receive, before being placed in a classroom setting or   within a reasonable time after placement:                      (A)  evaluation of the impairment; and                      (B)  instruction in an expanded core curriculum,   which is required for students with visual impairments to succeed   in classroom settings and to derive lasting, practical benefits   from the education provided by school districts, including   instruction in:                            (i)  compensatory skills, such as braille   and concept development, and other skills needed to access the rest   of the curriculum;                            (ii)  orientation and mobility;                            (iii)  social interaction skills;                            (iv)  career planning;                            (v)  assistive technology, including   optical devices;                            (vi)  independent living skills;                            (vii)  recreation and leisure enjoyment;                            (viii)  self-determination; and                            (ix)  sensory efficiency;                (5)  provide for flexibility on the part of school   districts to meet the special needs of children with visual   impairments through:                      (A)  specialty staff and resources provided by the   district;                      (B)  contractual arrangements with other   qualified public or private agencies;                      (C)  supportive assistance from regional   education service centers or adjacent school districts;                      (D)  short-term or long-term services through the   Texas School for the Blind and Visually Impaired or related   facilities or programs; or                      (E)  other instructional and service arrangements   approved by the agency;                (6)  include a statewide admission, review, and   dismissal process;                (7)  provide for effective interaction between the   visually impaired child's classroom setting and the child's home   environment, including providing for parental training and   counseling either by school district staff or by representatives of   other organizations directly involved in the development and   implementation of the individualized education program for the   child;                (8)  require the continuing education and professional   development of school district staff providing special education   services to children with visual impairments;                (9)  provide for adequate monitoring and precise   evaluation of special education services provided to children with   visual impairments through school districts; and                (10)  require that school districts providing special   education services to children with visual impairments develop   procedures for assuring that staff assigned to work with the   children have prompt and effective access directly to resources   available through:                      (A)  cooperating agencies in the area;                      (B)  the Texas School for the Blind and Visually   Impaired;                      (C)  the Central Media Depository for specialized   instructional materials and aids made specifically for use by   students with visual impairments;                      (D)  sheltered workshops participating in the   state program of purchases of blind-made goods and services; and                      (E)  related sources.          (g)  To facilitate implementation of this section, the   commissioner shall develop a system to distribute from the   foundation school fund to school districts or regional education   service centers a special supplemental allowance for each student   with a visual impairment and for each student with a serious visual   disability and another medically diagnosed disability of a   significantly limiting nature who is receiving special education   services through any approved program.  The supplemental allowance   may be spent only for special education services uniquely required   by the nature of the student's disabilities and may not be used in   lieu of educational funds otherwise available under this code or   through state or local appropriations.          SECTION 28.  Section 30.003, Education Code, is amended by   amending Subsections (b) and (f-1) and adding Subsection (b-1) to   read as follows:          (b)  If the student is admitted to the school for a full-time   program for the equivalent of two long semesters, the district's   share of the cost is an amount equal to the dollar amount of   maintenance and debt service taxes imposed by the district for that   year, subject to Subsection (b-1), divided by the district's   average daily attendance for the preceding year.          (b-1)  For purposes of Subsection (b), the commissioner   shall reduce the dollar amount of maintenance and debt service   taxes imposed by the district for a year by the amount, if any, by   which the district is required to reduce the district's local   revenue level under Section 48.257 for that year.          (f-1)  The commissioner shall determine the total amount   that the Texas School for the Blind and Visually Impaired and the   Texas School for the Deaf would have received from school districts   in accordance with this section if the following provisions had not   reduced the districts' share of the cost of providing education   services:                (1)  H.B. No. 1, Acts of the 79th Legislature, 3rd   Called Session, 2006;                (2)  Subsection (b-1) of this section;                (3)  Section 45.0032;                (4) [(3)]  Section 48.255; and                (5) [(4)]  Section 48.2551.          SECTION 29.  Section 30.005, Education Code, is amended to   read as follows:          Sec. 30.005.  TEXAS SCHOOL FOR THE BLIND AND VISUALLY   IMPAIRED MEMORANDUM OF UNDERSTANDING.  The Texas Education Agency   and the Texas School for the Blind and Visually Impaired shall   develop[, agree to, and by commissioner rule adopt] a memorandum of   understanding to establish:                (1)  the method for developing and reevaluating a set   of indicators of the quality of learning at the Texas School for the   Blind and Visually Impaired;                (2)  the process for the agency to conduct and report on   an annual evaluation of the school's performance on the indicators;                (3)  the requirements for the school's board to   publish, discuss, and disseminate an annual report describing the   educational performance of the school;                (4)  the process for the agency to:                      (A)  assign an accreditation status to the school;                      (B)  reevaluate the status on an annual basis; and                      (C)  if necessary, conduct monitoring reviews;   and                (5)  the type of information the school shall be   required to provide through the Public Education Information   Management System (PEIMS).          SECTION 30.  Section 30.084, Education Code, is amended to   read as follows:          Sec. 30.084.  ESTABLISHMENT OF REGIONAL DAY SCHOOL PROGRAMS   FOR THE DEAF. (a)  The director of services [State Board of   Education] shall [apportion the state into five regions and]   establish [a] regional day school programs [program] for the deaf   [in each region].          (b)  The director of services shall include in the statewide   plan developed under Section 30.083 a description regarding the   manner in which regional day school programs for the deaf are   established and the parameters for those programs [Activities of a   regional day school program for the deaf may be conducted on more   than one site].          SECTION 31.  Section 37.146(a), Education Code, is amended   to read as follows:          (a)  A complaint alleging the commission of a school offense   must, in addition to the requirements imposed by Article 45A.101,   Code of Criminal Procedure:                (1)  be sworn to by a person who has personal knowledge   of the underlying facts giving rise to probable cause to believe   that an offense has been committed; and                (2)  be accompanied by a statement from a school   employee stating:                      (A)  whether the child is eligible for or receives   special education services under Subchapter A, Chapter 29; and                      (B)  the graduated sanctions, if required under   Section 37.144, that were imposed on the child before the complaint   was filed.          SECTION 32.  Section 48.051(a), Education Code, is amended   to read as follows:          (a)  For each student in average daily attendance, not   including the time students spend each day in career and technology   education programs or in special education programs receiving   special education services in a setting [an instructional   arrangement] other than a general education setting [mainstream or   career and technology education programs], for which an additional   allotment is made under Subchapter C, a school district is entitled   to an allotment equal to the lesser of $6,160 or the amount that   results from the following formula:   A = $6,160 X TR/MCR   where:          "A" is the allotment to which a district is entitled;          "TR" is the district's tier one maintenance and operations   tax rate, as provided by Section 45.0032; and          "MCR" is the district's maximum compressed tax rate, as   determined under Section 48.2551.          SECTION 33.  Section 48.102, Education Code, is amended to   read as follows:          Sec. 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 a weight in an amount set by the   legislature in the General Appropriations Act for the highest tier   of intensity of service for which the student qualifies [1.15].          (a-1)  Notwithstanding Subsection (a), for the 2025-2026 and   2026-2027 school years, the amount of an allotment under this   section shall be determined in accordance with Section 48.1023.     This subsection expires September 1, 2027.  [For each full-time   equivalent student in average daily attendance in a special   education program under Subchapter A, Chapter 29, in an   instructional arrangement other than a mainstream instructional   arrangement, a district is entitled to an annual allotment equal to   the basic allotment, or, if applicable, the sum of the basic   allotment and the allotment under Section 48.101 to which the   district is entitled, multiplied by a weight determined according   to instructional arrangement as follows:                [Homebound 5.0                [Hospital class 3.0                [Speech therapy 5.0                [Resource room 3.0                [Self-contained, mild and moderate, regular campus  3.0                [Self-contained, severe, regular campus  3.0                [Off home campus 2.7                [Nonpublic day school 1.7                [Vocational adjustment class 2.3]          (b)  The commissioner by rule shall define seven tiers of   intensity of service for use in determining funding under this   section.  The commissioner must include one tier specifically   addressing students receiving special education services in   residential placement [A special instructional arrangement for   students with disabilities residing in care and treatment   facilities, other than state schools, whose parents or guardians do   not reside in the district providing education services shall be   established by commissioner rule.  The funding weight for this   arrangement shall be 4.0 for those students who receive their   education service on a local school district campus.  A special   instructional arrangement for students with disabilities residing   in state schools shall be established by commissioner rule with a   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 and day program placement of   [special education] students receiving special education services.          (d)  [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.          (e) [(i)]  The agency shall ensure [encourage] the placement   of students in special education programs, including students in   residential placement [instructional arrangements], in the least   restrictive environment appropriate for their educational needs.          (f) [(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 highest tier of intensity of service for which the student   qualifies [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.          (g) [(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.          (h)  Not later than December 1 of each even-numbered year,   the commissioner shall submit to the Legislative Budget Board, for   purposes of the allotment under this section, proposed weights for   the tiers of intensity of service for the next state fiscal   biennium.          SECTION 34.  Subchapter C, Chapter 48, Education Code, is   amended by adding Sections 48.1021, 48.1022, and 48.1023 to read as   follows:          Sec. 48.1021.  SPECIAL EDUCATION SERVICE GROUP ALLOTMENT.   (a)  For each six-week period in which a student in a special   education program under Subchapter A, Chapter 29, receives eligible   special education services, a school district is entitled to an   allotment in an amount set by the legislature in the General   Appropriations Act for the service group for which the student is   eligible.          (a-1)  Notwithstanding Subsection (a), for the 2025-2026 and   2026-2027 school years, the amount of an allotment under this   section shall be determined in accordance with Section 48.1023.     This subsection expires September 1, 2027.          (b)  The commissioner by rule shall establish four service   groups for use in determining funding under this section.  In   establishing the groups, the commissioner must consider the level   of services, equipment, and technology required to meet the needs   of students receiving special education services.          (c)  A school district is entitled to receive an allotment   under this section for each service group for which a student is   eligible.          (d)  A school district is entitled to the full amount of an   allotment under this section for a student receiving eligible   special education services during any part of a six-week period.          (e)  At least 55 percent of the funds allocated under this   section must be used for a special education program under   Subchapter A, Chapter 29.          (f)  Not later than December 1 of each even-numbered year,   the commissioner shall submit to the Legislative Budget Board, for   purposes of the allotment under this section, proposed amounts of   funding for the service groups for the next state fiscal biennium.          Sec. 48.1022.  SPECIAL EDUCATION FULL INDIVIDUAL AND INITIAL   EVALUATION. For each student for whom a school district conducted a   full individual and initial evaluation under Section 29.004 or 20   U.S.C. Section 1414(a)(1) during the preceding school year, the   district is entitled to an allotment of $500 or a greater amount   provided by appropriation.          Sec. 48.1023.  SPECIAL EDUCATION TRANSITION FUNDING.   (a)  For the 2025-2026 and 2026-2027 school years, the commissioner   may adjust weights or amounts provided under Section 48.102 or   48.1021 as necessary to ensure compliance with requirements   regarding maintenance of state financial support under 20 U.S.C.   Section 1412(a)(18) and maintenance of local financial support   under applicable federal law.          (b)  For the 2025-2026 and 2026-2027 school years, the   commissioner shall determine the formulas through which school   districts receive funding under Sections 48.102 and 48.1021.  In   determining the formulas, the commissioner may combine the methods   of funding under those sections with the method of funding provided   by Section 48.102, as it existed on September 1, 2024.          (c)  For the 2027-2028 school year, the commissioner may   adjust the weights or amounts set by the legislature in the General   Appropriations Act for purposes of Section 48.102 or 48.1021.     Before making an adjustment under this subsection, the commissioner   shall notify and must receive approval from the Legislative Budget   Board.          (d)  Notwithstanding any other provision of this section,   the sum of funding provided under Sections 48.102 and 48.1021 for   the 2025-2026 or for the 2026-2027 school year as adjusted under   this section may not exceed the sum of:                (1)  funding that would have been provided under   Section 48.102, as it existed on September 1, 2024; and                (2)  the amount set by the legislature in the General   Appropriations Act.          (e)  Each school district and open-enrollment charter school   shall report to the agency information necessary to implement this   section.          (f)  The agency shall provide technical assistance to school   districts and open-enrollment charter schools to ensure a   successful transition in funding formulas for special education.          (g)  This section expires September 1, 2029.          SECTION 35.  Sections 48.103(b) and (c), Education Code, are   amended to read as follows:          (b)  A school district is entitled to an allotment under   Subsection (a) only for a student who:                (1)  is receiving instruction, services, or   accommodations 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); or                (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 without a program or plan described by   Subdivision (1).          (c)  A school district may receive funding for a student   under each provision of this section, [and] Section 48.102, and   Section 48.1021 for which [if] the student qualifies [satisfies the   requirements of both sections].          SECTION 36.  Section 48.110(d), Education Code, is amended   to read as follows:          (d)  For each annual graduate in a cohort described by   Subsection (b) who demonstrates college, career, or military   readiness as described by Subsection (f) in excess of the minimum   number of students determined for the applicable district cohort   under Subsection (c), a school district is entitled to an annual   outcomes bonus of:                (1)  if the annual graduate is educationally   disadvantaged, $5,000;                (2)  if the annual graduate is not educationally   disadvantaged, $3,000; and                (3)  if the annual graduate is enrolled in a special   education program under Subchapter A, Chapter 29, $4,000 [$2,000],   regardless of whether the annual graduate is educationally   disadvantaged.          SECTION 37.  Section 48.151(g), Education Code, is amended   to read as follows:          (g)  A school district or county that provides special   transportation services for eligible special education students is   entitled to a state allocation at a [paid on a previous year's   cost-per-mile basis. The] rate per mile equal to the sum of the   rate per mile set under Subsection (c) and $0.13, or a greater   amount provided [allowable shall be set] by appropriation [based on   data gathered from the first year of each preceding biennium].   Districts may use a portion of their support allocation to pay   transportation costs, if necessary. The commissioner may grant an   amount set by appropriation for private transportation to reimburse   parents or their agents for transporting eligible special education   students. The mileage allowed shall be computed along the shortest   public road from the student's home to school and back, morning and   afternoon. The need for this type of transportation shall be   determined on an individual basis and shall be approved only in   extreme hardship cases.          SECTION 38.  Section 48.265(a), Education Code, is amended   to read as follows:          (a)  If [Notwithstanding any other provision of law, if] the   commissioner determines that the amount appropriated for the   purposes of the Foundation School Program exceeds the amount to   which school districts are entitled under this chapter, the   commissioner may provide [by rule shall establish a grant program   through which excess funds are awarded as] grants using the excess   money for the purchase of video equipment, or for the reimbursement   of costs for previously purchased video equipment, used for   monitoring special education classrooms or other special education   settings required under Section 29.022.          SECTION 39.  Section 48.279(e), Education Code, is amended   to read as follows:          (e)  After the commissioner has replaced any withheld   federal funds as provided by Subsection (d), the commissioner shall   distribute the remaining amount, if any, of funds described by   Subsection (a) to proportionately increase funding for the special   education allotment under Section 48.102 and the special education   service group allotment under Section 48.1021.          SECTION 40.  Subchapter G, Chapter 48, Education Code, is   amended by adding Sections 48.304 and 48.306 to read as follows:          Sec. 48.304.  DAY PLACEMENT PROGRAM FUNDING. (a) For each   qualifying day placement program that a regional education service   center makes available in partnership with a school district,   open-enrollment charter school, or shared services arrangement,   the center is entitled to an allotment of:                (1)  $250,000 for the first year of the program's   operation; and                (2)  $150,000 for each year of the program's operation   after the first year.          (b)  A day placement program qualifies for purposes of   Subsection (a) if:                (1)  the program complies with commissioner rules   adopted under Section 48.102(c);                (2)  the program offers services to students who are   enrolled at any school district or open-enrollment charter school   in the county in which the program is offered, unless the   commissioner by rule waives or modifies the requirement under this   subdivision for the program to serve all students in a county; and                (3)  the agency has designated the program for service   in the county in which the program is offered and determined that,   at the time of designation, the program increases the availability   of day placement services in the county.          Sec. 48.306.  PARENT-DIRECTED SERVICES FOR STUDENTS   RECEIVING SPECIAL EDUCATION SERVICES GRANT. (a) A student to whom   the agency awards a grant under Subchapter A-1, Chapter 29, is   entitled to receive an amount of $1,500 or a greater amount provided   by appropriation.          (b)  The legislature shall include in the appropriations for   the Foundation School Program state aid sufficient for the agency   to award grants under Subchapter A-1, Chapter 29, in the amount   provided by this section.          (c)  A student may receive one grant under Subchapter A-1,   Chapter 29, unless the legislature appropriates money for an   additional grant in the General Appropriations Act.          (d)  A determination of the commissioner under this section   is final and may not be appealed.          SECTION 41.  The following provisions of the Education Code   are repealed:                (1)  Section 29.002;                (2)  Section 29.0041(c);                (3)  Section 29.0161; and                (4)  Section 48.103(d).          SECTION 42.  Chapter 29, Education Code, as amended by this   Act, applies beginning with the 2025-2026 school year.          SECTION 43.  (a) Except as provided by Subsection (b) of   this section, this Act takes effect immediately if this Act   receives a vote of two-thirds of all the members elected to each   house, as provided by Section 39, Article III, Texas Constitution.   If this Act does not receive the vote necessary for immediate   effect, this Act takes effect on September 1, 2025.          (b)  The amendments by this Act to Chapter 48, Education   Code, take effect September 1, 2025.