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A BILL TO BE ENTITLED
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AN ACT
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relating to a study by the Texas Education Agency on a |
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service-intensity based funding formula to replace the special |
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education allotment under the Foundation School Program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter G, Chapter 48, Education Code, is |
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amended by adding Section 48.304 to read as follows: |
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Sec. 48.304. STUDY ON SERVICE-INTENSITY BASED FUNDING |
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FORMULA FOR SPECIAL EDUCATION. (a) In this section, |
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"service-intensity based funding" means a method of funding special |
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education services that: |
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(1) establishes tiers of intensity of service based on |
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the educational arrangements and specialized services required |
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under a student's individual education program; and |
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(2) provides for an amount of funding per student |
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based on the tier of intensity of service appropriate for the |
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student. |
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(b) The agency shall conduct a study on a transition to |
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service-intensity based funding for special education services |
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under the Foundation School Program. |
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(c) The study conducted under Subsection (b) must: |
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(1) assess current and projected needs of students who |
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receive special education services in public schools; |
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(2) identify current shortfalls in special education |
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services and funding mechanisms and analyze whether |
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service-intensity based funding could address those shortfalls; |
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(3) propose a plan for the optimal implementation of a |
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transition to service-intensity based funding; and |
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(4) include agency predictions regarding the likely |
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effect on local shares and the guaranteed yield amount of state |
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funds for school districts if the state transitions to |
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service-intensity based funding for special education services. |
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(d) In conducting the study under Subsection (b), the agency |
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shall solicit input from: |
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(1) parents or persons standing in parental relation |
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to students who receive special education services; |
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(2) students who receive special education services; |
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(3) teachers of students who receive special education |
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services; |
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(4) administrators; and |
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(5) school support staff. |
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(e) Not later than December 1, 2024, the agency shall |
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prepare and submit to the legislature a report on the results of the |
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study conducted under this section and recommendations based on |
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those results regarding: |
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(1) weights to be applied for students in each tier of |
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intensity of service to be included in a service-intensity based |
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funding formula included in proposed legislation relating to |
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transitioning special education funding under Section 48.102 to |
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service-intensity based funding; |
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(2) the amount and manner of determining tiers of |
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intensity of service based on the educational arrangements and |
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specialized services required under a student's individual |
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education program; and |
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(3) any other recommendations for legislative or other |
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action. |
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(f) This section expires September 1, 2025. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |