Texas Education Code
§ 29.361 — AMOUNT OF TRANSFER TO PARTICIPANT ACCOUNT; FINANCING
ED § 29.361Title 2. PUBLIC EDUCATION · Part F. CURRICULUM, PROGRAMS, AND SERVICES · Ch. 29. EDUCATIONAL PROGRAMS · Art. J. EDUCATION SAVINGS ACCOUNT PROGRAM
Statute text
View on source(a)Regardless of the deadline by which the participating parent applies for enrollment in the program under Section 29.356(a) and except as provided by Subsections (b), (b-1), and (d) of this section, a certified educational assistance organization shall transfer in accordance with Section 29.362 each school year that a participating child participates in the program money distributed to the organization from money available under Section 29.353 to the child's account to be held in trust for the benefit of the child in an amount equal to:
(1)85 percent of the estimated statewide average amount of state and local funding per student in average daily attendance for the most recent school year for which that information is available, as provided by the agency; or
(2)for a child with a disability, subject to Subsection (b), the sum of the amount described by Subdivision (1) and the amount the school district in which the child would otherwise be enrolled would be entitled to receive for the child calculated based on the child's individualized education program, as determined in accordance with Section 29.3615, and the provisions of Chapter 48 that provide funding based on a child's participation in a school district's special education program under Subchapter A applicable for the school year preceding the school year in which the child initially enrolls in the program.
(b)The amount transferred to the account of a child with a disability for a school year under Subsection (a)(2) may not exceed $30,000. (b-1) Notwithstanding Subsection (a), a participating child who is a home-schooled student, as defined by Section 29.916(a)(1), may not receive transfers under the program to the child's account under Subsection (a) in an amount that exceeds $2,000 for a school year.
(c)In determining the estimated statewide average amount of state and local funding per student in average daily attendance for a school year under Subsection (a), the commissioner shall:
(1)make the determination not later than January 15 preceding the school year; and
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Legislative history
Added by Acts 2025, 89th Leg., R.S., Ch. 2 (S.B. 2), Sec. 2, eff. September 1, 2025.