Texas Education Code
§ 48.279 — MAINTENANCE OF STATE FINANCIAL SUPPORT FOR SPECIAL EDUCATION
ED § 48.279Title 2. PUBLIC EDUCATION · Part I. SCHOOL FINANCE AND FISCAL MANAGEMENT · Ch. 48. FOUNDATION SCHOOL PROGRAM · Art. F. FINANCING THE PROGRAM
Statute text
View on source(a)Funds appropriated for purposes of this section or transferred in accordance with this section are state funds for purposes of compliance with the requirements regarding maintenance of state financial support for special education under 20 U.S.C. Section 1412(a)(18). The commissioner shall identify the amount of funding described by this subsection and separate that amount from other funding provided under this chapter.
(b)If the commissioner determines that the total amount of funding for special education for a school year that ends during the first state fiscal year of a state fiscal biennium is less than the amount required to comply with requirements regarding maintenance of state financial support under 20 U.S.C. Section 1412(a)(18), the commissioner shall use funds appropriated for the Foundation School Program for the second state fiscal year of that biennium to increase funding for special education for the first state fiscal year of that biennium in an amount necessary to ensure compliance with that provision.
(c)If the commissioner determines that the total amount of funding for special education for a school year that ends during the second state fiscal year of a state fiscal biennium is less than the amount required to comply with requirements regarding maintenance of state financial support under 20 U.S.C. Section 1412(a)(18), the commissioner shall submit to the legislature an estimate of the amount of funding needed to comply with that provision for that state fiscal year.
(d)If federal funds are withheld for a school year due to noncompliance with requirements regarding maintenance of state financial support under 20 U.S.C. Section 1412(a)(18), the commissioner shall use for that school year an amount of funds described by Subsection (a) equal to the amount of withheld funds in the same manner and for the same purposes as the withheld funds would have been provided. Text of subsection effective until September 01, 2026
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Legislative history
Acts 2025, 89th Leg., R.S., Ch. 1065 (H.B. 2), Sec. 4.61, eff. September 1, 2026. Acts 2025, 89th Leg., R.S., Ch. 1137 (S.B. 568), Sec. 62, eff. September 1, 2026.