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A BILL TO BE ENTITLED
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AN ACT
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relating to the special education allotment and the creation of a |
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supported education allotment under the Foundation School Program |
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and to instructional arrangements for students with disabilities |
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enrolled in public schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 8.051(d), Education Code, is amended to |
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read as follows: |
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(d) Each regional education service center shall maintain |
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core services for purchase by school districts and campuses. The |
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core services are: |
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(1) training and assistance in: |
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(A) teaching each subject area assessed under |
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Section 39.023; and |
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(B) providing instruction in personal financial |
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literacy as required under Section 28.0021; |
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(2) training and assistance in providing each program |
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that qualifies for a funding allotment under Section 42.151, |
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42.1511, 42.152, 42.153, or 42.156; |
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(3) assistance specifically designed for a school |
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district or campus assigned an unacceptable performance rating |
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under Section 39.054; |
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(4) training and assistance to teachers, |
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administrators, members of district boards of trustees, and members |
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of site-based decision-making committees; |
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(5) assistance specifically designed for a school |
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district that is considered out of compliance with state or federal |
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special education requirements, based on the agency's most recent |
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compliance review of the district's special education programs; and |
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(6) assistance in complying with state laws and rules. |
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SECTION 2. Section 29.002, Education Code, is amended to |
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read as follows: |
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Sec. 29.002. DEFINITION. In this subchapter, "special |
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services" means: |
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(1) special education instruction and supports[,
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which may be] provided by professional personnel, who may be [and] |
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supported by paraprofessional personnel in providing the |
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instruction and supports, in a [the regular] classroom or in an |
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alternative instructional arrangement [described by Section
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42.151]; and |
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(2) related services, which are developmental, |
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corrective, supportive, or evaluative services, not instructional |
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in nature, that may be required for the student to benefit from |
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special education instruction and for implementation of a student's |
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individualized education program. |
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SECTION 3. Subchapter A, Chapter 29, Education Code, is |
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amended by adding Section 29.0021 to read as follows: |
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Sec. 29.0021. INSTRUCTIONAL ARRANGEMENTS. The State Board |
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of Education shall adopt rules regarding instructional |
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arrangements used with students with disabilities. |
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SECTION 4. Section 29.014(d), Education Code, is amended to |
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read as follows: |
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(d) The basic allotment for a student enrolled in a district |
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to which this section applies is adjusted by: |
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(1) the cost of education adjustment under Section |
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42.102 for the school district in which the district is |
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geographically located; and |
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(2) the applicable weight for the [a homebound] |
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student under Section 42.151(a). |
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SECTION 5. Section 29.022(u)(3), Education Code, is amended |
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to read as follows: |
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(3) "Self-contained classroom" does not include a |
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classroom that is a resource room, as determined by the State Board |
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of Education [instructional arrangement under Section 42.151]. |
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SECTION 6. Section 42.101(a), Education Code, is amended to |
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read as follows: |
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(a) For each student in average daily attendance, not |
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including the time students spend each day in [special education
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programs in an instructional arrangement other than mainstream or] |
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career and technology education programs, for which an additional |
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allotment is made under Subchapter C, a district is entitled to an |
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allotment equal to the lesser of $4,765 or the amount that results |
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from the following formula: |
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A = $4,765 X (DCR/MCR) |
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where: |
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"A" is the allotment to which a district is entitled; |
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"DCR" is the district's compressed tax rate, which is the |
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product of the state compression percentage, as determined under |
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Section 42.2516, multiplied by the maintenance and operations tax |
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rate adopted by the district for the 2005 tax year; and |
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"MCR" is the state maximum compressed tax rate, which is the |
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product of the state compression percentage, as determined under |
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Section 42.2516, multiplied by $1.50. |
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SECTION 7. Section 42.151, Education Code, is amended by |
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amending Subsections (a) and (k) and adding Subsection (a-1) to |
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read as follows: |
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(a) For each student in average daily attendance in a |
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special education program under Subchapter A, Chapter 29, [in a
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mainstream instructional arrangement,] a school district is |
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entitled to an annual allotment equal to the adjusted basic |
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allotment multiplied by [1.1. For each full-time equivalent student
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in average daily attendance in a special education program under
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Subchapter A, Chapter 29, in an instructional arrangement other
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than a mainstream instructional arrangement, a district is entitled
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to an annual allotment equal to the adjusted basic allotment
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multiplied by a weight determined according to instructional
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arrangement as follows]: |
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(1) 1.1, if, on average, the student receives special |
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services for a period of less than 15 minutes per school day; |
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(2) 1.8, if, on average, the student receives special |
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services for a period of at least 15 minutes and not more than three |
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hours per school day; and |
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(3) 2.4, if, on average, the student receives special |
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services for a period of more than three hours per school day. |
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[Homebound5.0
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[Hospital class3.0
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[Speech therapy5.0
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[Resource room3.0
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[Self-contained, mild and moderate, regular campus3.0
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[Self-contained, severe, regular campus3.0
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[Off home campus2.7
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[Nonpublic day school1.7
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[Vocational adjustment class2.3] |
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(a-1) In this section, "special services" has the meaning |
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assigned by Section 29.002. |
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(k) A school district that provides an extended year program |
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required by federal law for special education students who may |
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regress is entitled to receive funds in an amount equal to 75 |
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percent, or a lesser percentage determined by the commissioner, of |
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the adjusted basic allotment or adjusted allotment, as applicable, |
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for each [full-time equivalent] student in average daily |
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attendance, multiplied by the applicable weight for the student |
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[amount] designated [for the student's instructional arrangement] |
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under this section, for each day the program is provided divided by |
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the number of days in the minimum school year. The total amount of |
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state funding for extended year services under this section may not |
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exceed $10 million per year. A school district may use funds |
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received under this section only in providing an extended year |
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program. |
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SECTION 8. Subchapter C, Chapter 42, Education Code, is |
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amended by adding Section 42.1511 to read as follows: |
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Sec. 42.1511. SUPPORTED EDUCATION ALLOTMENT. (a) For each |
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student in average daily attendance who receives aids, |
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accommodations, or services to provide the student access to the |
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required curriculum under Section 28.002 in accordance with a plan |
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created for the student under Section 504, Rehabilitation Act of |
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1973 (29 U.S.C. Section 794), a school district is entitled to an |
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annual allotment equal to the district's adjusted basic allotment |
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multiplied by: |
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(1) 1.1, if, on average, the student receives those |
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aids, accommodations, or services for a period of less than 15 |
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minutes per school day; and |
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(2) 1.8, if, on average, the student receives those |
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aids, accommodations, or services for a period of at least 15 |
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minutes per school day. |
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(b) Funds allotted under this section must be used to |
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provide aids, accommodations, or services, as applicable, to |
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students for whom a plan has been created under Section 504, |
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Rehabilitation Act of 1973 (29 U.S.C. Section 794), or to provide |
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related programs for educator professional development and |
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certification. |
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(c) A school district may not receive an allotment under |
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this section for a student for whom the district is entitled to an |
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allotment under Section 42.151. |
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SECTION 9. Sections 42.151(b), (c), (d), (e), and (f), |
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Education Code, are repealed. |
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SECTION 10. Not later than September 1, 2020, the State |
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Board of Education shall adopt rules as required by Section |
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29.0021, Education Code, as added by this Act. |
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SECTION 11. (a) Except as provided by Subsection (b) of |
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this section, this Act takes effect September 1, 2020. |
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(b) Section 29.0021, Education Code, as added by this Act, |
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takes effect September 1, 2019. |