Texas Education Code

§ 48.102 — SPECIAL EDUCATION

ED § 48.102Title 2. PUBLIC EDUCATION · Part I. SCHOOL FINANCE AND FISCAL MANAGEMENT · Ch. 48. FOUNDATION SCHOOL PROGRAM · Art. C. STUDENT-BASED ALLOTMENTS

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(a)For each student in average daily attendance in a special education program under Subchapter A, Chapter 29, 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. (a-1) Notwithstanding Subsection (a), for the 2026-2027 school year, the amount of an allotment under this section shall be determined in accordance with Section 48.1022. This subsection expires September 1, 2027.

(b)The commissioner by rule shall define eight 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 and one tier for students receiving only speech therapy.

(c)In defining the tiers of intensity of service under Subsection (b), the commissioner shall consider:

(1)the type, frequency, and nature of services provided to a student;

(2)the required certifications, licensures, or other qualifications for personnel serving the student;

(3)any identified or curriculum-required provider-to-student ratios for the student to receive the appropriate services; and

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