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               A BILL TO BE ENTITLED
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               AN ACT
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            relating to public education and public school finance. | 
         
         
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                   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
         
         
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            ARTICLE 1.  CHANGES RELATED TO PUBLIC EDUCATION AND PUBLIC SCHOOL  | 
         
         
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            FINANCE | 
         
         
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                   SECTION 1.01.  Section 12.1058(d), Education Code, is  | 
         
         
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            amended to read as follows: | 
         
         
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                   (d)  A political subdivision shall consider an  | 
         
         
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            open-enrollment charter school a school district for purposes of  | 
         
         
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            zoning, project permitting, platting and replatting processes,  | 
         
         
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            business licensing, franchises, utility services, signage,  | 
         
         
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            subdivision regulation, property development projects, the  | 
         
         
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            requirements for posting bonds or securities, contract  | 
         
         
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            requirements, land development standards as provided by Section  | 
         
         
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            212.902, Local Government Code, tree and vegetation regulations,  | 
         
         
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            regulations of architectural features of a structure, construction  | 
         
         
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            of fences, landscaping, garbage disposal, noise levels, fees or  | 
         
         
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            other assessments, and construction or site development work [if  | 
         
         
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            the charter school provides to the political subdivision the  | 
         
         
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            certification described by Subsection (e)]. | 
         
         
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                   SECTION 1.02.  Section 12.106, Education Code, is amended by  | 
         
         
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            amending Subsections (a), (a-2), (d), (e), and (f) and adding  | 
         
         
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            Subsections (d-1), (d-2), (d-3), (e-1), and (e-2) to read as  | 
         
         
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            follows: | 
         
         
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                   (a)  A charter holder is entitled to receive for the  | 
         
         
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            open-enrollment charter school funding under Chapter 48 equal to  | 
         
         
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            the amount of funding per student in weighted average daily  | 
         
         
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            attendance to which the charter holder would be entitled for the  | 
         
         
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            school under that chapter if the school were a school district  | 
         
         
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            without a tier one local share for purposes of Section 48.266,  | 
         
         
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            excluding: | 
         
         
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                         (1)  the adjustment under Section 48.052; | 
         
         
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                         (2)  [,] the funding under Sections 48.101 and [,  | 
         
         
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            48.110,] 48.111; [, and 48.112,] and | 
         
         
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                         (3)  enrichment funding under Section 48.202(a) [, to  | 
         
         
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            which the charter holder would be entitled for the school under  | 
         
         
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            Chapter 48 if the school were a school district without a tier one  | 
         
         
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            local share for purposes of Section 48.266]. | 
         
         
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                   (a-2)  In addition to the funding provided by Subsection (a),  | 
         
         
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            a charter holder is entitled to receive for the open-enrollment  | 
         
         
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            charter school an allotment per student in average daily attendance  | 
         
         
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            in an amount equal to the difference between: | 
         
         
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                         (1)  the product of: | 
         
         
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                               (A)  the quotient of: | 
         
         
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                                     (i)  the total amount of funding provided to  | 
         
         
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            eligible school districts under Section 48.101(b) or (c); and | 
         
         
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                                     (ii)  the total number of students in  | 
         
         
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            average daily attendance in school districts that receive an  | 
         
         
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            allotment under Section 48.101(b) or (c); and | 
         
         
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                               (B)  the sum of one and the quotient of: | 
         
         
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                                     (i)  the total number of students in average  | 
         
         
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            daily attendance in school districts that receive an allotment  | 
         
         
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            under Section 48.101(b) or (c); and | 
         
         
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                                     (ii)  the total number of students in  | 
         
         
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            average daily attendance in school districts statewide; and | 
         
         
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                         (2)  $700 [$125]. | 
         
         
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                   (d)  Subject to Subsections [Subsection] (e) and (e-1), in  | 
         
         
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            addition to other amounts provided by this section, a charter  | 
         
         
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            holder is entitled to receive, for the open-enrollment charter  | 
         
         
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            school, an annual allotment [funding] per student in average daily  | 
         
         
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            attendance [in an amount] equal to [the guaranteed level of state  | 
         
         
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            and local funds per student per cent of tax effort under Section  | 
         
         
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            46.032(a) multiplied by] the lesser of: | 
         
         
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                         (1)  the state average interest and sinking fund tax  | 
         
         
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            rate imposed by school districts for the current year multiplied by  | 
         
         
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            the guaranteed level of state and local funds per student per cent  | 
         
         
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            of tax effort under Section 46.032(a); or | 
         
         
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                         (2)  the maximum amount of the basic allotment provided  | 
         
         
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            under Section 48.051 for the applicable school year multiplied by  | 
         
         
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            0.07 [a rate that would result in a total amount to which charter  | 
         
         
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            schools are entitled under this subsection for the current year  | 
         
         
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            equal to $60 million]. | 
         
         
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                   (d-1)  Notwithstanding Subsection (d), the total amount that  | 
         
         
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            may be used to provide allotments under Subsection (d) may not  | 
         
         
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            exceed: | 
         
         
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                         (1)  for the 2025-2026 school year, $100 million; and | 
         
         
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                         (2)  for the 2026-2027 school year, $160 million. | 
         
         
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                   (d-2)  If the total amount of allotments to which charter  | 
         
         
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            holders are entitled for open-enrollment charter schools under  | 
         
         
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            Subsection (d) for a school year exceeds the amount permitted under  | 
         
         
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            Subsection (d-1), the commissioner shall proportionately reduce  | 
         
         
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            the amount of each charter holder's allotment until the total  | 
         
         
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            amount for the allotments is equal to the amount permitted under  | 
         
         
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            that subsection. | 
         
         
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                   (d-3)  Subsections (d-1) and (d-2) and this subsection  | 
         
         
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            expire September 1, 2027. | 
         
         
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                   (e)  Subject to Subsection (e-1), a [A] charter holder is not | 
         
         
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            entitled to receive funding under Subsection (d) for an  | 
         
         
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            open-enrollment charter school [only] if the school has been  | 
         
         
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            assigned: | 
         
         
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                         (1)  an unacceptable [most recent overall] performance  | 
         
         
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            rating [assigned to the open-enrollment charter school] under  | 
         
         
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            Subchapter C, Chapter 39, for the two preceding school years; | 
         
         
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                         (2)  a financial accountability performance rating  | 
         
         
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            under Subchapter D, Chapter 39, indicating a financial performance  | 
         
         
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            lower than satisfactory for the two preceding school years; or | 
         
         
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                         (3)  any combination of the ratings described by  | 
         
         
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            Subdivisions (1) and (2) for the two preceding school years | 
         
         
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            [reflects at least acceptable performance]. | 
         
         
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                   (e-1)  Subsection (e) [This subsection] does not apply to a  | 
         
         
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            charter holder: | 
         
         
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                         (1)  during the first two years of the applicable  | 
         
         
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            open-enrollment charter school's operation; or | 
         
         
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                         (2)  that operates a school program located at a day  | 
         
         
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            treatment facility, residential treatment facility, psychiatric  | 
         
         
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            hospital, or medical hospital. | 
         
         
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                   (e-2)  A charter holder is entitled to receive funding under  | 
         
         
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            Subsection (d) for an open-enrollment charter school only if the  | 
         
         
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            governing body of the school annually certifies in writing to the  | 
         
         
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            agency that no administrator, officer, or employee of the school  | 
         
         
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            and no member of the governing body of the school or its charter  | 
         
         
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            holder derives any personal financial benefit from a real estate  | 
         
         
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            transaction with the school. | 
         
         
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                   (f)  Funds received by a charter holder under Subsection (d): | 
         
         
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                         (1)  notwithstanding any other law, may not be used to  | 
         
         
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            pay a salary, bonus, stipend, or any other form of compensation to a  | 
         
         
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            school superintendent or administrator serving as educational  | 
         
         
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            leader and chief executive officer of the school; and | 
         
         
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                         (2)  may only be used: | 
         
         
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                               (A) [(1)]  to lease an instructional facility; | 
         
         
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                               (B) [(2)]  to pay property taxes imposed on an  | 
         
         
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            instructional facility; | 
         
         
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                               (C) [(3)]  to pay debt service on bonds issued for  | 
         
         
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            a purpose for which a school district is authorized to issue bonds  | 
         
         
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            under Section 45.001(a)(1) or to pay for a purchase for which a  | 
         
         
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            school district is authorized to issue bonds under that section [to  | 
         
         
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            finance an instructional facility]; or | 
         
         
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                               (D) [(4)]  for any other purpose related to the  | 
         
         
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            purchase, lease, sale, acquisition, or maintenance of an  | 
         
         
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            instructional facility. | 
         
         
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                   SECTION 1.03.  Section 12.156(a), Education Code, is amended  | 
         
         
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            to read as follows: | 
         
         
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                   (a)  Except as otherwise provided by this subchapter,  | 
         
         
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            Subchapter D, including Section 12.106(d), applies to a college or  | 
         
         
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            university charter school or junior college charter school as  | 
         
         
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            though the college or university charter school or junior college  | 
         
         
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            charter school, as applicable, were granted a charter under that  | 
         
         
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            subchapter. | 
         
         
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                   SECTION 1.04.  Section 12.263, Education Code, is amended by  | 
         
         
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            adding Subsection (a-1) to read as follows: | 
         
         
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                   (a-1)  An eligible entity granted a charter under this  | 
         
         
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            subchapter is not entitled to receive an allotment under Section  | 
         
         
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            12.106(d) for the adult education program if the program has been  | 
         
         
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            assigned under the applicable accountability framework adopted  | 
         
         
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            under Section 12.262: | 
         
         
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                         (1)  an overall performance rating that reflects  | 
         
         
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            unacceptable performance for the two preceding school years; | 
         
         
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                         (2)  a financial accountability performance rating  | 
         
         
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            that indicates a financial performance lower than satisfactory for  | 
         
         
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            the two preceding school years; or | 
         
         
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                         (3)  any combination of the ratings described by  | 
         
         
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            Subdivisions (1) and (2) for the two preceding school years. | 
         
         
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                   SECTION 1.05.  Section 21.3521, Education Code, is amended  | 
         
         
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            by amending Subsections (a), (c), and (e) and adding Subsections  | 
         
         
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            (d-1), (d-2), and (d-3) to read as follows: | 
         
         
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                   (a)  Subject to Subsection (b), a school district or  | 
         
         
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            open-enrollment charter school may designate a classroom teacher as  | 
         
         
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            a master, exemplary, [or] recognized, or acknowledged teacher for a  | 
         
         
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            five-year period based on the results from single year or multiyear  | 
         
         
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            appraisals that comply with Section 21.351 or 21.352. | 
         
         
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                   (c)  Notwithstanding performance standards established  | 
         
         
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            under Subsection (b), a classroom teacher that holds a National  | 
         
         
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            Board Certification issued by the National Board for Professional  | 
         
         
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            Teaching Standards may be designated as nationally board certified | 
         
         
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            [recognized]. | 
         
         
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                   (d-1)  Each school year, the commissioner shall, using  | 
         
         
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            criteria developed by the commissioner, designate as enhanced  | 
         
         
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            teacher incentive allotment public schools school districts and  | 
         
         
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            open-enrollment charter schools that implement comprehensive  | 
         
         
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            school evaluation and support systems.  The criteria developed by  | 
         
         
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            the commissioner must require a district or school to: | 
         
         
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                         (1)  for principals and assistant principals,  | 
         
         
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            implement: | 
         
         
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                               (A)  a strategic evaluations system aligned with  | 
         
         
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            the district's or school's teacher designation system; and | 
         
         
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                               (B)  a compensation system based on performance; | 
         
         
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                         (2)  ensure that under the school district's or  | 
         
         
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            open-enrollment charter school's teacher designation system  | 
         
         
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            substantially all classroom teachers, regardless of the grade level  | 
         
         
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            or subject area to which the teacher is assigned, are eligible to  | 
         
         
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            earn a designation under Subsection (a); | 
         
         
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                         (3)  implement for all classroom teachers a  | 
         
         
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            compensation plan based on performance that: | 
         
         
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                               (A)  uses a salary schedule that is based on  | 
         
         
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            differentiation among classroom teacher appraisals as permitted  | 
         
         
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            under this section; and | 
         
         
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                               (B)  does not include across-the-board salary  | 
         
         
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            increases for classroom teachers except for periodic changes to the  | 
         
         
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            district's or school's salary schedule to adjust for significant  | 
         
         
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            inflation; and | 
         
         
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                         (4)  implement a locally designed plan to place highly  | 
         
         
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            effective teachers at high needs campuses and in accordance with  | 
         
         
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            Section 28.0062(a)(3). | 
         
         
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                   (d-2)  The commissioner may remove a school district's or  | 
         
         
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            open-enrollment charter school's designation under Subsection  | 
         
         
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            (d-1) if the commissioner determines the district or school no  | 
         
         
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            longer meets the criteria for the designation. | 
         
         
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                   (d-3)  Not later than September 1 of each year, the  | 
         
         
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            commissioner shall post on the agency's Internet website a list of  | 
         
         
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            the school districts and open-enrollment charter schools  | 
         
         
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            designated as enhanced teacher incentive allotment public schools  | 
         
         
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            under Subsection (d-1). | 
         
         
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                   (e)  The agency shall use contracted services to develop and  | 
         
         
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            provide technical assistance for school districts and  | 
         
         
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            open-enrollment charter schools that request assistance in: | 
         
         
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                         (1)  earning a designation under Subsection (d-1); or | 
         
         
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                         (2)  implementing a local optional teacher designation  | 
         
         
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            system, including: | 
         
         
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                               (A)  providing assistance in prioritizing high  | 
         
         
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            needs campuses; | 
         
         
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                               (B)  providing examples or models of local  | 
         
         
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            optional teacher designation systems to reduce the time required  | 
         
         
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            for a district or school to implement a teacher designation system; | 
         
         
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                               (C)  establishing partnerships between districts  | 
         
         
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            and schools that request assistance and districts and schools that  | 
         
         
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            have implemented a teacher designation system; | 
         
         
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                               (D)  applying the performance and validity  | 
         
         
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            standards established by the commissioner under Subsection (b); | 
         
         
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                               (E)  providing centralized support for the  | 
         
         
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            analysis of the results of assessment instruments administered to  | 
         
         
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            district or school students; and | 
         
         
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                               (F)  facilitating effective communication on and  | 
         
         
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            promotion of local optional teacher designation systems. | 
         
         
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                   SECTION 1.06.  Subchapter H, Chapter 21, Education Code, is  | 
         
         
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            amended by adding Section 21.3522 to read as follows: | 
         
         
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                   Sec. 21.3522.  LOCAL OPTIONAL TEACHER DESIGNATION SYSTEM  | 
         
         
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            GRANT PROGRAM.  (a)  From money appropriated or otherwise available  | 
         
         
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            for the purpose, the agency shall establish and administer a grant  | 
         
         
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            program to provide money and technical assistance to: | 
         
         
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                         (1)  expand and support ongoing implementation of local  | 
         
         
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            optional teacher designation systems under Section 21.3521; | 
         
         
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                         (2)  increase the number of classroom teachers eligible  | 
         
         
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            for a designation under that section; and | 
         
         
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                         (3)  increase the salaries paid to classroom teachers  | 
         
         
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            employed by school districts or open-enrollment charter schools  | 
         
         
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            that have established or are seeking to establish a designation  | 
         
         
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            system under that section. | 
         
         
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                   (b)  A grant awarded under this section must: | 
         
         
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                         (1)  meet the needs of individual school districts or  | 
         
         
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            open-enrollment charter schools; and | 
         
         
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                         (2)  enable regional leadership capacity. | 
         
         
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                   (c)  The commissioner may adopt rules as necessary to  | 
         
         
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            implement this section. | 
         
         
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                   SECTION 1.07.  Subchapter C, Chapter 25, Education Code, is  | 
         
         
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            amended by adding Section 25.0816 to read as follows: | 
         
         
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                   Sec. 25.0816.  ADDITIONAL DAYS SCHOOL YEAR PLANNING GRANT  | 
         
         
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            PROGRAM.  (a) From money appropriated or otherwise available for  | 
         
         
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            the purpose, the agency shall establish and administer a grant  | 
         
         
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            program to provide funding and technical assistance to school  | 
         
         
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            districts and open-enrollment charter schools to plan the school  | 
         
         
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            year and adjust operations as necessary to qualify for the  | 
         
         
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            incentive funding under Section 48.0051. | 
         
         
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                   (b)  In awarding grants under the program, the agency shall  | 
         
         
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            prioritize school districts and open-enrollment charter schools  | 
         
         
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			 | 
            that seek to maximize incentive funding under Section 48.0051. | 
         
         
            | 
                
			 | 
                   (c)  The agency may solicit and accept gifts, grants, and  | 
         
         
            | 
                
			 | 
            donations for purposes of this section. | 
         
         
            | 
                
			 | 
                   SECTION 1.08.  Section 28.0211(a-1), Education Code, is  | 
         
         
            | 
                
			 | 
            amended to read as follows: | 
         
         
            | 
                
			 | 
                   (a-1)  Each time a student fails to perform satisfactorily on  | 
         
         
            | 
                
			 | 
            an assessment instrument administered under Section 39.023(a) or  | 
         
         
            | 
                
			 | 
            (l) in the third, fourth, fifth, sixth, seventh, or eighth grade or  | 
         
         
            | 
                
			 | 
            an end-of-course assessment instrument administered under Section  | 
         
         
            | 
                
			 | 
            39.023(c), other than an assessment instrument developed or adopted  | 
         
         
            | 
                
			 | 
            based on alternative academic achievement standards, the school  | 
         
         
            | 
                
			 | 
            district in which the student attends school shall provide to the  | 
         
         
            | 
                
			 | 
            student accelerated instruction in the applicable subject area  | 
         
         
            | 
                
			 | 
            during the subsequent summer or school year and, subject to  | 
         
         
            | 
                
			 | 
            Subsections (a-7) and (a-8), either: | 
         
         
            | 
                
			 | 
                         (1)  allow the student to be assigned a classroom  | 
         
         
            | 
                
			 | 
            teacher who has earned a designation [is certified as a master,  | 
         
         
            | 
                
			 | 
            exemplary, or recognized teacher] under Section 21.3521 for the  | 
         
         
            | 
                
			 | 
            subsequent school year in the applicable subject area; or | 
         
         
            | 
                
			 | 
                         (2)  provide the student supplemental instruction  | 
         
         
            | 
                
			 | 
            under Subsection (a-4). | 
         
         
            | 
                
			 | 
                   SECTION 1.09.  Section 29.153, Education Code, is amended by  | 
         
         
            | 
                
			 | 
            adding Subsections (b-1) and (h) to read as follows: | 
         
         
            | 
                
			 | 
                   (b-1)  Notwithstanding Subsection (b), any child who is at  | 
         
         
            | 
                
			 | 
            least three years of age is eligible for enrollment in a  | 
         
         
            | 
                
			 | 
            prekindergarten class under this section if: | 
         
         
            | 
                
			 | 
                         (1)  the class is provided through a partnership  | 
         
         
            | 
                
			 | 
            between a school district or open-enrollment charter school and a  | 
         
         
            | 
                
			 | 
            community-based child-care provider described by Subsection (g);  | 
         
         
            | 
                
			 | 
            and | 
         
         
            | 
                
			 | 
                         (2)  the child receives subsidized child-care services  | 
         
         
            | 
                
			 | 
            provided through the child-care services program administered by  | 
         
         
            | 
                
			 | 
            the Texas Workforce Commission. | 
         
         
            | 
                
			 | 
                   (h)  Notwithstanding any other law, a facility or location at  | 
         
         
            | 
                
			 | 
            which prekindergarten classes are provided by a school district or  | 
         
         
            | 
                
			 | 
            open-enrollment charter school in partnership with a private entity  | 
         
         
            | 
                
			 | 
            under this section: | 
         
         
            | 
                
			 | 
                         (1)  must comply with any municipal ordinance  | 
         
         
            | 
                
			 | 
            applicable to the operation of a private prekindergarten program;  | 
         
         
            | 
                
			 | 
            and | 
         
         
            | 
                
			 | 
                         (2)  may not be required to comply with any municipal  | 
         
         
            | 
                
			 | 
            ordinance applicable to the operation of a prekindergarten program  | 
         
         
            | 
                
			 | 
            by a school district or open-enrollment charter school. | 
         
         
            | 
                
			 | 
                   SECTION 1.10.  Section 29.934, Education Code, is amended by  | 
         
         
            | 
                
			 | 
            amending Subsections (b) and (d) and adding Subsection (d-1) to  | 
         
         
            | 
                
			 | 
            read as follows: | 
         
         
            | 
                
			 | 
                   (b)  To apply to be designated as a resource campus under  | 
         
         
            | 
                
			 | 
            this section, the campus must have received an overall performance  | 
         
         
            | 
                
			 | 
            rating under Section 39.054 of D or F, or an overall performance  | 
         
         
            | 
                
			 | 
            rating under Section 39.054(a-4)(1) or 39.0546 of "Not Rated," for  | 
         
         
            | 
                
			 | 
            three [four] years over a 10-year period of time. | 
         
         
            | 
                
			 | 
                   (d)  To be designated as a resource campus, the campus must: | 
         
         
            | 
                
			 | 
                         (1)  implement a targeted improvement plan as described  | 
         
         
            | 
                
			 | 
            by Chapter 39A and establish a school community partnership team; | 
         
         
            | 
                
			 | 
                         (2)  adopt an accelerated campus excellence turnaround  | 
         
         
            | 
                
			 | 
            plan as provided by Section 39A.105(b) [except that a classroom  | 
         
         
            | 
                
			 | 
            teacher who satisfies the requirements for demonstrated  | 
         
         
            | 
                
			 | 
            instructional effectiveness under Section 39A.105(b)(3) must also  | 
         
         
            | 
                
			 | 
            hold a current designation assigned under Section 21.3521]; | 
         
         
            | 
                
			 | 
                         (3)  be in a school district that has adopted an  | 
         
         
            | 
                
			 | 
            approved local optional teacher designation system under Section  | 
         
         
            | 
                
			 | 
            21.3521; | 
         
         
            | 
                
			 | 
                         (4)  satisfy certain staff criteria by: | 
         
         
            | 
                
			 | 
                               (A)  requiring a principal or teacher employed at  | 
         
         
            | 
                
			 | 
            the campus before the designation to apply for a position to  | 
         
         
            | 
                
			 | 
            continue at the campus; | 
         
         
            | 
                
			 | 
                               (B)  for a subject in the foundation curriculum  | 
         
         
            | 
                
			 | 
            under Section 28.002(a)(1): | 
         
         
            | 
                
			 | 
                                     (i)  employing only teachers who have at  | 
         
         
            | 
                
			 | 
            least two [three] years of teaching experience; and | 
         
         
            | 
                
			 | 
                                     (ii)  ensuring that at least 50 percent of  | 
         
         
            | 
                
			 | 
            teachers hold a current designation assigned under Section 21.3521; | 
         
         
            | 
                
			 | 
                               (C)  employing at least one school counselor for  | 
         
         
            | 
                
			 | 
            every 300 students; and | 
         
         
            | 
                
			 | 
                               (D)  employing at least one appropriately  | 
         
         
            | 
                
			 | 
            licensed professional to assist with the social and emotional needs  | 
         
         
            | 
                
			 | 
            of students and staff, who must be a: | 
         
         
            | 
                
			 | 
                                     (i)  family and community liaison; | 
         
         
            | 
                
			 | 
                                     (ii)  clinical social worker; | 
         
         
            | 
                
			 | 
                                     (iii)  specialist in school psychology; or | 
         
         
            | 
                
			 | 
                                     (iv)  professional counselor; | 
         
         
            | 
                
			 | 
                         (5)  implement a positive behavior program as provided  | 
         
         
            | 
                
			 | 
            by Section 37.0013; | 
         
         
            | 
                
			 | 
                         (6)  implement a family engagement plan as described by  | 
         
         
            | 
                
			 | 
            Section 29.168; | 
         
         
            | 
                
			 | 
                         (7)  develop and implement a plan to use high quality  | 
         
         
            | 
                
			 | 
            instructional materials; | 
         
         
            | 
                
			 | 
                         (8)  if the campus is an elementary or middle school  | 
         
         
            | 
                
			 | 
            campus, operate the campus for a school year that qualifies for  | 
         
         
            | 
                
			 | 
            funding under Section 48.0051; and | 
         
         
            | 
                
			 | 
                         (9)  annually submit to the commissioner data and  | 
         
         
            | 
                
			 | 
            information required by the commissioner to assess fidelity of  | 
         
         
            | 
                
			 | 
            implementation. | 
         
         
            | 
                
			 | 
                   (d-1)  The commissioner may grant to a campus requesting to  | 
         
         
            | 
                
			 | 
            be designated as a resource campus under this section a one-year  | 
         
         
            | 
                
			 | 
            waiver from the requirement under Subsection (d)(4)(B)(ii) if the  | 
         
         
            | 
                
			 | 
            campus provides substantial evidence that the campus is working  | 
         
         
            | 
                
			 | 
            toward meeting the requirement.  | 
         
         
            | 
                
			 | 
                   SECTION 1.11.  Effective September 1, 2028, Section 29.934,  | 
         
         
            | 
                
			 | 
            Education Code, is amended by amending Subsection (b) and adding  | 
         
         
            | 
                
			 | 
            Subsection (b-1) to read as follows: | 
         
         
            | 
                
			 | 
                   (b)  To apply to be designated as a resource campus under  | 
         
         
            | 
                
			 | 
            this section, the campus must have received an overall performance  | 
         
         
            | 
                
			 | 
            rating under Section 39.054 of D or F, or an overall performance  | 
         
         
            | 
                
			 | 
            rating under Section 39.054(a-4)(1) of "Not Rated," for three | 
         
         
            | 
                
			 | 
            [four] years over a 10-year period of time. | 
         
         
            | 
                
			 | 
                   (b-1)  Notwithstanding Subsection (b), a campus may apply to  | 
         
         
            | 
                
			 | 
            be designated as a resource campus under this section if the campus  | 
         
         
            | 
                
			 | 
            received an overall performance rating under Section 39.054 of D or  | 
         
         
            | 
                
			 | 
            F, or an overall performance rating under Section 39.054(a-4)(1) or  | 
         
         
            | 
                
			 | 
            former Section 39.0546 of "Not Rated," for three years over a  | 
         
         
            | 
                
			 | 
            10-year period of time.  This subsection expires September 1, 2033. | 
         
         
            | 
                
			 | 
                   SECTION 1.12.  Subchapter Z, Chapter 29, Education Code, is  | 
         
         
            | 
                
			 | 
            amended by adding Sections 29.940 and 29.941 to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 29.940.  FEDERAL GRANT ADMINISTRATION.  For a federal  | 
         
         
            | 
                
			 | 
            grant program under which the agency oversees and administers  | 
         
         
            | 
                
			 | 
            services to nonpublic schools, the agency shall follow federal  | 
         
         
            | 
                
			 | 
            disposition rules and procedures to dispose of equipment or  | 
         
         
            | 
                
			 | 
            supplies that are unused or no longer needed and were previously  | 
         
         
            | 
                
			 | 
            allocated to nonpublic schools participating in the grant program. | 
         
         
            | 
                
			 | 
                   Sec. 29.941.  GRANT PROGRAM TO PROMOTE PARENTAL ENGAGEMENT.   | 
         
         
            | 
                
			 | 
            (a)  From money appropriated or otherwise available for the  | 
         
         
            | 
                
			 | 
            purpose, the commissioner shall establish a grant program to  | 
         
         
            | 
                
			 | 
            provide grants to school districts and open-enrollment charter  | 
         
         
            | 
                
			 | 
            schools to assist with costs associated with operating programs or  | 
         
         
            | 
                
			 | 
            projects to encourage parental engagement in the educational  | 
         
         
            | 
                
			 | 
            success of students in the district or school, including: | 
         
         
            | 
                
			 | 
                         (1)  educational programming for parents on how to  | 
         
         
            | 
                
			 | 
            teach the parent's child how to read, including how to read with the  | 
         
         
            | 
                
			 | 
            parent's child outside of school in a manner that complements  | 
         
         
            | 
                
			 | 
            instruction; | 
         
         
            | 
                
			 | 
                         (2)  for a parent of a child identified as academically  | 
         
         
            | 
                
			 | 
            behind, educational programming on identifying and addressing the  | 
         
         
            | 
                
			 | 
            child's academic struggles; | 
         
         
            | 
                
			 | 
                         (3)  for a parent of a child enrolled in a special  | 
         
         
            | 
                
			 | 
            education program under Subchapter A, educational programming on  | 
         
         
            | 
                
			 | 
            how to prepare the child for educational success; and | 
         
         
            | 
                
			 | 
                         (4)  for a parent of a child who exhibits behavioral  | 
         
         
            | 
                
			 | 
            issues or has been subject to disciplinary measures, programs or  | 
         
         
            | 
                
			 | 
            policies to engage the parent in efforts to discipline and improve  | 
         
         
            | 
                
			 | 
            the behavior of the child. | 
         
         
            | 
                
			 | 
                   (b)  A school district or open-enrollment charter school may  | 
         
         
            | 
                
			 | 
            use money awarded under Subsection (a) to: | 
         
         
            | 
                
			 | 
                         (1)  pay staff working additional hours to operate a  | 
         
         
            | 
                
			 | 
            program or project described by Subsection (a); | 
         
         
            | 
                
			 | 
                         (2)  pay for food offered at training meetings for a  | 
         
         
            | 
                
			 | 
            program or project described by Subsection (a); and | 
         
         
            | 
                
			 | 
                         (3)  pay for educational materials provided to parents  | 
         
         
            | 
                
			 | 
            related to a program or project described by Subsection (a). | 
         
         
            | 
                
			 | 
                   (c)  The commissioner may adopt rules as necessary to  | 
         
         
            | 
                
			 | 
            implement this section. | 
         
         
            | 
                
			 | 
                   SECTION 1.13.  Section 38.312, Education Code, is amended to  | 
         
         
            | 
                
			 | 
            read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 38.312.  EXPIRATION.  The task force is abolished and  | 
         
         
            | 
                
			 | 
            this subchapter expires December 1, 2031 [2025]. | 
         
         
            | 
                
			 | 
                   SECTION 1.14.  Section 39.082(c), Education Code, is amended  | 
         
         
            | 
                
			 | 
            to read as follows: | 
         
         
            | 
                
			 | 
                   (c)  The system may not include an indicator under Subsection  | 
         
         
            | 
                
			 | 
            (b) or any other performance measure that: | 
         
         
            | 
                
			 | 
                         (1)  requires a school district to spend at least 65  | 
         
         
            | 
                
			 | 
            percent or any other specified percentage of district operating  | 
         
         
            | 
                
			 | 
            funds for instructional purposes; [or] | 
         
         
            | 
                
			 | 
                         (2)  lowers the financial management performance  | 
         
         
            | 
                
			 | 
            rating of a school district for failure to spend at least 65 percent  | 
         
         
            | 
                
			 | 
            or any other specified percentage of district operating funds for  | 
         
         
            | 
                
			 | 
            instructional purposes; or | 
         
         
            | 
                
			 | 
                         (3)  for a school district required to reduce its local  | 
         
         
            | 
                
			 | 
            revenue level under Section 48.257, includes in determining the  | 
         
         
            | 
                
			 | 
            district's ratio of assets to liabilities any amount required to be  | 
         
         
            | 
                
			 | 
            expended by the district to comply with Chapter 49. | 
         
         
            | 
                
			 | 
                   SECTION 1.15.  Section 46.071, Education Code, is amended by  | 
         
         
            | 
                
			 | 
            adding Subsections (d-1) and (d-2) to read as follows: | 
         
         
            | 
                
			 | 
                   (d-1)  If the amount required to pay debt service on bonds  | 
         
         
            | 
                
			 | 
            issued under Subchapter A, Chapter 45, is less than the sum of state  | 
         
         
            | 
                
			 | 
            assistance provided under this chapter, including the amount of  | 
         
         
            | 
                
			 | 
            additional state aid provided under this section, and the revenue  | 
         
         
            | 
                
			 | 
            from the district's interest and sinking tax for a school year, the  | 
         
         
            | 
                
			 | 
            commissioner shall, except as provided by Subsection (d-2), reduce  | 
         
         
            | 
                
			 | 
            the amount of additional state aid provided under this section by  | 
         
         
            | 
                
			 | 
            the difference between: | 
         
         
            | 
                
			 | 
                         (1)  the sum of state assistance provided under this  | 
         
         
            | 
                
			 | 
            chapter, including the amount of additional state aid provided  | 
         
         
            | 
                
			 | 
            under this section, and the revenue from the district's interest  | 
         
         
            | 
                
			 | 
            and sinking tax for the school year; and | 
         
         
            | 
                
			 | 
                         (2)  the amount required to pay debt service on bonds  | 
         
         
            | 
                
			 | 
            described by this subsection for the school year. | 
         
         
            | 
                
			 | 
                   (d-2)  The amount of additional state aid provided under this  | 
         
         
            | 
                
			 | 
            section may not be reduced under Subsection (d-1) to an amount below  | 
         
         
            | 
                
			 | 
            zero. | 
         
         
            | 
                
			 | 
                   SECTION 1.16.  Section 48.005, Education Code, is amended by  | 
         
         
            | 
                
			 | 
            amending Subsections (a) and (e) and adding Subsection (a-1) to  | 
         
         
            | 
                
			 | 
            read as follows: | 
         
         
            | 
                
			 | 
                   (a)  In this chapter, average daily attendance is: | 
         
         
            | 
                
			 | 
                         (1)  the quotient of the sum of attendance for each day  | 
         
         
            | 
                
			 | 
            of the minimum number of days of instruction as described under  | 
         
         
            | 
                
			 | 
            Section 25.081(a) divided by the minimum number of days of  | 
         
         
            | 
                
			 | 
            instruction; | 
         
         
            | 
                
			 | 
                         (2)  for a district that operates under a flexible year  | 
         
         
            | 
                
			 | 
            program under Section 29.0821, the quotient of the sum of  | 
         
         
            | 
                
			 | 
            attendance for each actual day of instruction as permitted by  | 
         
         
            | 
                
			 | 
            Section 29.0821(b)(1) divided by the number of actual days of  | 
         
         
            | 
                
			 | 
            instruction as permitted by Section 29.0821(b)(1); | 
         
         
            | 
                
			 | 
                         (3)  for a district that operates under a flexible  | 
         
         
            | 
                
			 | 
            school day program under Section 29.0822, the average daily  | 
         
         
            | 
                
			 | 
            attendance as calculated by the commissioner in accordance with  | 
         
         
            | 
                
			 | 
            Sections 29.0822(d) and (d-1); or | 
         
         
            | 
                
			 | 
                         (4)  except as provided by Subsection (a-1), for a  | 
         
         
            | 
                
			 | 
            district that operates a half-day program or a full-day program  | 
         
         
            | 
                
			 | 
            under Section 29.153(c), one-half of the average daily attendance  | 
         
         
            | 
                
			 | 
            calculated under Subdivision (1). | 
         
         
            | 
                
			 | 
                   (a-1)  Average daily attendance is calculated under  | 
         
         
            | 
                
			 | 
            Subsection (a)(1) for students: | 
         
         
            | 
                
			 | 
                         (1)  enrolled in a half-day program or full-day program  | 
         
         
            | 
                
			 | 
            under Section 29.153(c) provided by an eligible private provider  | 
         
         
            | 
                
			 | 
            under Section 29.171; and | 
         
         
            | 
                
			 | 
                         (2)  assigned to a campus: | 
         
         
            | 
                
			 | 
                               (A)  that is operated under a contract entered  | 
         
         
            | 
                
			 | 
            into by the district with an entity under Section 11.174 or an  | 
         
         
            | 
                
			 | 
            eligible private provider under Section 29.171; or | 
         
         
            | 
                
			 | 
                               (B)  of an open-enrollment charter school that is  | 
         
         
            | 
                
			 | 
            operated by an entity governed by a management contract approved by  | 
         
         
            | 
                
			 | 
            the agency. | 
         
         
            | 
                
			 | 
                   (e)  For each school year, the commissioner shall adjust the  | 
         
         
            | 
                
			 | 
            average daily attendance of school districts that are entitled to  | 
         
         
            | 
                
			 | 
            funding on the basis of an adjusted average daily attendance under  | 
         
         
            | 
                
			 | 
            Subsection (b)(2) so that: | 
         
         
            | 
                
			 | 
                         (1)  all districts are funded on the basis of the same  | 
         
         
            | 
                
			 | 
            percentage of the preceding year's actual average daily attendance;  | 
         
         
            | 
                
			 | 
            and | 
         
         
            | 
                
			 | 
                         (2)  the total cost to the state does not exceed $300  | 
         
         
            | 
                
			 | 
            million, or a greater amount provided by appropriation [the amount  | 
         
         
            | 
                
			 | 
            specifically appropriated for that year for purposes of Subsection  | 
         
         
            | 
                
			 | 
            (b)(2)]. | 
         
         
            | 
                
			 | 
                   SECTION 1.17.  Section 48.0051, Education Code, is amended  | 
         
         
            | 
                
			 | 
            by amending Subsections (a), (b), and (d) and adding Subsection  | 
         
         
            | 
                
			 | 
            (b-1) to read as follows: | 
         
         
            | 
                
			 | 
                   (a)  The [Subject to Subsection (a-1), the] commissioner  | 
         
         
            | 
                
			 | 
            shall adjust the average daily attendance of a school district or  | 
         
         
            | 
                
			 | 
            open-enrollment charter school under Section 48.005 in the manner  | 
         
         
            | 
                
			 | 
            provided by Subsection (b) if the district or school: | 
         
         
            | 
                
			 | 
                         (1)  provides the minimum number of minutes of  | 
         
         
            | 
                
			 | 
            operational and instructional time required under Section 25.081  | 
         
         
            | 
                
			 | 
            and commissioner rules adopted under that section over at least 175 | 
         
         
            | 
                
			 | 
            [180] days of instruction; and | 
         
         
            | 
                
			 | 
                         (2)  offers an additional 30 days of half-day  | 
         
         
            | 
                
			 | 
            instruction for students enrolled in prekindergarten through  | 
         
         
            | 
                
			 | 
            eighth [fifth] grade. | 
         
         
            | 
                
			 | 
                   (b)  Subject to Subsection (b-1), for [For] a school district  | 
         
         
            | 
                
			 | 
            or open-enrollment charter school described by Subsection (a), the  | 
         
         
            | 
                
			 | 
            commissioner shall increase the average daily attendance of the  | 
         
         
            | 
                
			 | 
            district or school under Section 48.005 by the amount that results  | 
         
         
            | 
                
			 | 
            from the quotient of the sum of attendance by students described by  | 
         
         
            | 
                
			 | 
            Subsection (a)(2) for each of the 30 additional instructional days  | 
         
         
            | 
                
			 | 
            of half-day instruction that are provided divided by 175 [180]. | 
         
         
            | 
                
			 | 
                   (b-1)  For a school district or open-enrollment charter  | 
         
         
            | 
                
			 | 
            school described by Subsection (a) that provides at least 200 full  | 
         
         
            | 
                
			 | 
            days of instruction to students described by Subsection (a)(2), the  | 
         
         
            | 
                
			 | 
            commissioner shall increase the amount computed for the district or  | 
         
         
            | 
                
			 | 
            school under Subsection (b) by 50 percent. | 
         
         
            | 
                
			 | 
                   (d)  This section does not prohibit a school district from  | 
         
         
            | 
                
			 | 
            providing the minimum number of minutes of operational and  | 
         
         
            | 
                
			 | 
            instructional time required under Section 25.081 and commissioner  | 
         
         
            | 
                
			 | 
            rules adopted under that section over fewer than 175 [180] days of  | 
         
         
            | 
                
			 | 
            instruction. | 
         
         
            | 
                
			 | 
                   SECTION 1.18.  Subchapter A, Chapter 48, Education Code, is  | 
         
         
            | 
                
			 | 
            amended by adding Section 48.014 to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 48.014.  NOTICE FOR SCHOOL DISTRICTS REGARDING RECOURSE  | 
         
         
            | 
                
			 | 
            FOR INVALID PROPERTY VALUES.  (a)  This section applies only to a  | 
         
         
            | 
                
			 | 
            school district located in an appraisal district in which the  | 
         
         
            | 
                
			 | 
            comptroller has certified the preliminary findings of the school  | 
         
         
            | 
                
			 | 
            district property value study under Section 403.302(g), Government  | 
         
         
            | 
                
			 | 
            Code, and determined that a school district located in the  | 
         
         
            | 
                
			 | 
            appraisal district has an invalid local value, regardless of  | 
         
         
            | 
                
			 | 
            whether the district meets the definition of an eligible school  | 
         
         
            | 
                
			 | 
            district under Section 403.3011, Government Code. | 
         
         
            | 
                
			 | 
                   (b)  For each school district to which this section applies  | 
         
         
            | 
                
			 | 
            and as soon as practicable after the comptroller has certified the  | 
         
         
            | 
                
			 | 
            preliminary findings of the school district property value study  | 
         
         
            | 
                
			 | 
            under Section 403.302(g), Government Code, the commissioner shall  | 
         
         
            | 
                
			 | 
            provide notice to the board of trustees of the district that  | 
         
         
            | 
                
			 | 
            includes information regarding the impact or possible impact of a  | 
         
         
            | 
                
			 | 
            final certification of an invalid local value on the district's  | 
         
         
            | 
                
			 | 
            finances, including: | 
         
         
            | 
                
			 | 
                         (1)  an estimate of the effect on the district's  | 
         
         
            | 
                
			 | 
            finances; and | 
         
         
            | 
                
			 | 
                         (2)  any right of recourse available to the district. | 
         
         
            | 
                
			 | 
                   (c)  Each school district shall annually report to the agency  | 
         
         
            | 
                
			 | 
            contact information for the members of the district's board of  | 
         
         
            | 
                
			 | 
            trustees for purposes of receiving the notice under this section. | 
         
         
            | 
                
			 | 
                   (d)  The commissioner shall coordinate with the comptroller  | 
         
         
            | 
                
			 | 
            to provide copies of the notice under this section to the board of  | 
         
         
            | 
                
			 | 
            directors of each applicable appraisal district. | 
         
         
            | 
                
			 | 
                   SECTION 1.19.  Section 48.051, Education Code, is amended by  | 
         
         
            | 
                
			 | 
            amending Subsections (a), (c), and (c-1) and adding Subsections  | 
         
         
            | 
                
			 | 
            (c-3), (c-4), (c-5), and (c-6) to read as follows: | 
         
         
            | 
                
			 | 
                    (a)  For each student in average daily attendance, not  | 
         
         
            | 
                
			 | 
            including the time students spend each day in career and technology  | 
         
         
            | 
                
			 | 
            education programs or in special education programs in a setting | 
         
         
            | 
                
			 | 
            [an instructional arrangement] other than a general education  | 
         
         
            | 
                
			 | 
            setting [mainstream or career and technology education programs],  | 
         
         
            | 
                
			 | 
            for which an additional allotment is made under Subchapter C, a  | 
         
         
            | 
                
			 | 
            school district is entitled to an allotment equal to the lesser of  | 
         
         
            | 
                
			 | 
            the amounts that result from the following formulas: | 
         
         
            | 
                
			 | 
                         (1)  A = $6,500 + GYIA; [$6,160] or [the amount that  | 
         
         
            | 
                
			 | 
            results from the following formula:] | 
         
         
            | 
                
			 | 
                         (2)  A = ($6,500 + GYIA) [$6,160] X TR/MCR | 
         
         
            | 
                
			 | 
            where: | 
         
         
            | 
                
			 | 
                   "A" is the allotment to which a district is entitled; | 
         
         
            | 
                
			 | 
                   "GYIA" is the guaranteed yield increment adjustment  | 
         
         
            | 
                
			 | 
            determined under Section 48.2561; | 
         
         
            | 
                
			 | 
                   "TR" is the district's tier one maintenance and operations  | 
         
         
            | 
                
			 | 
            tax rate, as provided by Section 45.0032; and | 
         
         
            | 
                
			 | 
                   "MCR" is the district's maximum compressed tax rate, as  | 
         
         
            | 
                
			 | 
            determined under Section 48.2551. | 
         
         
            | 
                
			 | 
                   (c)  During any school year for which the maximum amount of  | 
         
         
            | 
                
			 | 
            the basic allotment provided under Subsection (a) or (b) is greater  | 
         
         
            | 
                
			 | 
            than the maximum amount provided for the preceding school year, a  | 
         
         
            | 
                
			 | 
            school district must use at least 40 [30] percent of the amount, if  | 
         
         
            | 
                
			 | 
            the amount is greater than zero, that equals the product of the  | 
         
         
            | 
                
			 | 
            average daily attendance of the district multiplied by the amount  | 
         
         
            | 
                
			 | 
            of the difference between the district's funding under this chapter  | 
         
         
            | 
                
			 | 
            per student in average daily attendance for the current school year  | 
         
         
            | 
                
			 | 
            and the preceding school year to provide compensation increases to  | 
         
         
            | 
                
			 | 
            full-time district employees other than administrators as follows: | 
         
         
            | 
                
			 | 
                         (1)  75 percent must be used to increase the salary | 
         
         
            | 
                
			 | 
            [compensation] paid to classroom teachers, full-time librarians,  | 
         
         
            | 
                
			 | 
            full-time school counselors certified under Subchapter B, Chapter  | 
         
         
            | 
                
			 | 
            21, and full-time school nurses, prioritizing higher salary  | 
         
         
            | 
                
			 | 
            increases [differentiated compensation] for classroom teachers in  | 
         
         
            | 
                
			 | 
            the following order: | 
         
         
            | 
                
			 | 
                               (A)  classroom teachers with 10 or more years of  | 
         
         
            | 
                
			 | 
            experience; and | 
         
         
            | 
                
			 | 
                               (B)  classroom teachers with [more than] five or  | 
         
         
            | 
                
			 | 
            more years of experience; and | 
         
         
            | 
                
			 | 
                         (2)  25 percent may be used as determined by the  | 
         
         
            | 
                
			 | 
            district to increase compensation paid to full-time district  | 
         
         
            | 
                
			 | 
            employees. | 
         
         
            | 
                
			 | 
                   (c-1)  A school district employee who received a salary  | 
         
         
            | 
                
			 | 
            increase under Subsection (c) [from a school district for the  | 
         
         
            | 
                
			 | 
            2019-2020 school year] is, as long as the employee remains employed  | 
         
         
            | 
                
			 | 
            by the same district and the district is receiving at least the same  | 
         
         
            | 
                
			 | 
            amount of funding as the amount of funding the district received for  | 
         
         
            | 
                
			 | 
            the [2019-2020] school year in which the requirement under  | 
         
         
            | 
                
			 | 
            Subsection (c) applied, entitled to salary that is at least equal to  | 
         
         
            | 
                
			 | 
            the salary the employee received for the preceding [2019-2020]  | 
         
         
            | 
                
			 | 
            school year.  This subsection does not apply if: | 
         
         
            | 
                
			 | 
                         (1)  the board of trustees of the school district at  | 
         
         
            | 
                
			 | 
            which the employee is employed: | 
         
         
            | 
                
			 | 
                               (A) [(1)]  complies with Sections 21.4021,  | 
         
         
            | 
                
			 | 
            21.4022, and 21.4032 in reducing the employee's salary; and | 
         
         
            | 
                
			 | 
                               (B) [(2)]  has adopted a resolution declaring a  | 
         
         
            | 
                
			 | 
            financial exigency for the district under Section 44.011; or | 
         
         
            | 
                
			 | 
                         (2)  the school district evaluates the employee's  | 
         
         
            | 
                
			 | 
            performance and the employee's performance rating is lower than the  | 
         
         
            | 
                
			 | 
            employee's performance rating during the school year in which the  | 
         
         
            | 
                
			 | 
            requirement under Subsection (c) applied. | 
         
         
            | 
                
			 | 
                   (c-3)  A school district must ensure that the salary  | 
         
         
            | 
                
			 | 
            increases provided under Subsection (c)(1) provide for: | 
         
         
            | 
                
			 | 
                         (1)  a difference of at least 40 percent between the  | 
         
         
            | 
                
			 | 
            average salary schedule increase provided to a classroom teacher  | 
         
         
            | 
                
			 | 
            described by Subsection (c)(1)(A) and a classroom teacher described  | 
         
         
            | 
                
			 | 
            by Subsection (c)(1)(B); or | 
         
         
            | 
                
			 | 
                         (2)  an increase based on performance in accordance  | 
         
         
            | 
                
			 | 
            with the district's compensation plan implemented under Section  | 
         
         
            | 
                
			 | 
            21.3521(d-1)(3). | 
         
         
            | 
                
			 | 
                   (c-4)  Notwithstanding Subsection (c-3), a school district  | 
         
         
            | 
                
			 | 
            is not required to provide a salary increase to an employee under  | 
         
         
            | 
                
			 | 
            Subsection (c) in an amount that exceeds $15,000 per year.  A  | 
         
         
            | 
                
			 | 
            district may spend excess money available as a result of this  | 
         
         
            | 
                
			 | 
            subsection for any purpose for which money provided under this  | 
         
         
            | 
                
			 | 
            section may be spent. | 
         
         
            | 
                
			 | 
                   (c-5)  A school district that increases employee  | 
         
         
            | 
                
			 | 
            compensation in the 2025-2026 school year to comply with Subsection  | 
         
         
            | 
                
			 | 
            (c), as amended by H.B. 2, Acts of the 89th Legislature, Regular  | 
         
         
            | 
                
			 | 
            Session, 2025, is providing compensation for services rendered  | 
         
         
            | 
                
			 | 
            independently of an existing employment contract applicable to that  | 
         
         
            | 
                
			 | 
            year and is not in violation of Section 53, Article III, Texas  | 
         
         
            | 
                
			 | 
            Constitution.  A school district that does not meet the  | 
         
         
            | 
                
			 | 
            requirements of Subsection (c) in the 2025-2026 school year may  | 
         
         
            | 
                
			 | 
            satisfy the requirements of this section by providing an employee a  | 
         
         
            | 
                
			 | 
            one-time bonus payment during the 2026-2027 school year in an  | 
         
         
            | 
                
			 | 
            amount equal to the difference between the compensation earned by  | 
         
         
            | 
                
			 | 
            the employee during the 2025-2026 school year and the compensation  | 
         
         
            | 
                
			 | 
            the employee should have received during that school year if the  | 
         
         
            | 
                
			 | 
            district had complied with Subsection (c). | 
         
         
            | 
                
			 | 
                   (c-6)  In calculating the difference between a school  | 
         
         
            | 
                
			 | 
            district's funding under this chapter per student in average daily  | 
         
         
            | 
                
			 | 
            attendance for the current school year and the preceding school  | 
         
         
            | 
                
			 | 
            year for purposes of Subsection (c), the agency may not include the  | 
         
         
            | 
                
			 | 
            amounts to which the district is entitled under Section 48.115 or  | 
         
         
            | 
                
			 | 
            48.284. | 
         
         
            | 
                
			 | 
                   SECTION 1.20.  Section 48.101, Education Code, is amended to  | 
         
         
            | 
                
			 | 
            read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 48.101.  SMALL AND MID-SIZED DISTRICT ALLOTMENT.  (a)   | 
         
         
            | 
                
			 | 
            Small and mid-sized districts are entitled to an annual allotment  | 
         
         
            | 
                
			 | 
            in accordance with this section.  In this section: | 
         
         
            | 
                
			 | 
                         (1)  "AA" is the district's annual allotment per  | 
         
         
            | 
                
			 | 
            student in average daily attendance; | 
         
         
            | 
                
			 | 
                         (2)  "ADA" is the number of students in average daily  | 
         
         
            | 
                
			 | 
            attendance for which the district is entitled to an allotment under  | 
         
         
            | 
                
			 | 
            Section 48.051, other than students in average daily attendance who  | 
         
         
            | 
                
			 | 
            do not reside in the district and are enrolled in a full-time  | 
         
         
            | 
                
			 | 
            virtual program; and | 
         
         
            | 
                
			 | 
                         (3)  "BA" is the basic allotment determined under  | 
         
         
            | 
                
			 | 
            Section 48.051. | 
         
         
            | 
                
			 | 
                   (b)  A school district that has fewer than 1,600 students in  | 
         
         
            | 
                
			 | 
            average daily attendance is entitled to an annual allotment for  | 
         
         
            | 
                
			 | 
            each student in average daily attendance based on the following  | 
         
         
            | 
                
			 | 
            formula: | 
         
         
            | 
                
			 | 
            AA = ((1,600 - ADA) X .00057 [.0004]) X BA | 
         
         
            | 
                
			 | 
                   (c)  A school district that offers a kindergarten through  | 
         
         
            | 
                
			 | 
            grade 12 program and has less than 5,000 students in average daily  | 
         
         
            | 
                
			 | 
            attendance is entitled to an annual allotment for each student in  | 
         
         
            | 
                
			 | 
            average daily attendance based on the formula, of the following  | 
         
         
            | 
                
			 | 
            formulas, that results in the greatest annual allotment: | 
         
         
            | 
                
			 | 
                         (1)  the formula in Subsection (b), if the district is  | 
         
         
            | 
                
			 | 
            eligible for that formula; or | 
         
         
            | 
                
			 | 
                         (2)  AA = ((5,000 - ADA) X .00003 [.000025]) X BA. | 
         
         
            | 
                
			 | 
                   (d)  Instead of the allotment under Subsection (b) or (c)(1),  | 
         
         
            | 
                
			 | 
            a school district that has fewer than 300 students in average daily  | 
         
         
            | 
                
			 | 
            attendance and is the only school district located in and operating  | 
         
         
            | 
                
			 | 
            in a county is entitled to an annual allotment for each student in  | 
         
         
            | 
                
			 | 
            average daily attendance based on the following formula: | 
         
         
            | 
                
			 | 
            AA = ((1,600 - ADA) X .0006 [.00047]) X BA | 
         
         
            | 
                
			 | 
                   SECTION 1.21.  Sections 48.104(a), (d), and (e), Education  | 
         
         
            | 
                
			 | 
            Code, are amended to read as follows: | 
         
         
            | 
                
			 | 
                   (a)  For each student who does not have a disability and  | 
         
         
            | 
                
			 | 
            resides in a residential placement facility in a district in which  | 
         
         
            | 
                
			 | 
            the student's parent or legal guardian does not reside, a district  | 
         
         
            | 
                
			 | 
            is entitled to an annual allotment equal to the basic allotment  | 
         
         
            | 
                
			 | 
            multiplied by 0.2 or, if the student is educationally  | 
         
         
            | 
                
			 | 
            disadvantaged, 0.28 [0.275].  For each full-time equivalent student  | 
         
         
            | 
                
			 | 
            who is in a remedial and support program under Section 29.081  | 
         
         
            | 
                
			 | 
            because the student is pregnant, a district is entitled to an annual  | 
         
         
            | 
                
			 | 
            allotment equal to the basic allotment multiplied by 2.41. | 
         
         
            | 
                
			 | 
                   (d)  The weights assigned to the five tiers of the index  | 
         
         
            | 
                
			 | 
            established under Subsection (c) are, from least to most severe  | 
         
         
            | 
                
			 | 
            economic disadvantage, 0.23 [0.225], 0.2425 [0.2375], 0.255 | 
         
         
            | 
                
			 | 
            [0.25], 0.2675 [0.2625], and 0.28 [0.275]. | 
         
         
            | 
                
			 | 
                   (e)  If insufficient data is available for any school year to  | 
         
         
            | 
                
			 | 
            evaluate the level of economic disadvantage in a census block  | 
         
         
            | 
                
			 | 
            group, a school district is entitled to an annual allotment equal to  | 
         
         
            | 
                
			 | 
            the basic allotment multiplied by 0.23 [0.225] for each student who  | 
         
         
            | 
                
			 | 
            is educationally disadvantaged and resides in that census block  | 
         
         
            | 
                
			 | 
            group. | 
         
         
            | 
                
			 | 
                   SECTION 1.22.  Subchapter C, Chapter 48, Education Code, is  | 
         
         
            | 
                
			 | 
            amended by adding Section 48.1042 to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 48.1042.  DISTRIBUTION OF CERTAIN COMPENSATORY  | 
         
         
            | 
                
			 | 
            EDUCATION ALLOTMENT AND EARLY EDUCATION ALLOTMENT MONEY.  (a)  This  | 
         
         
            | 
                
			 | 
            section applies only to money to which a school district is entitled  | 
         
         
            | 
                
			 | 
            under: | 
         
         
            | 
                
			 | 
                         (1)  Section 48.104; or | 
         
         
            | 
                
			 | 
                         (2)  Section 48.108 for students in prekindergarten. | 
         
         
            | 
                
			 | 
                   (b)  Notwithstanding any other provision of this chapter,  | 
         
         
            | 
                
			 | 
            instead of providing money to which this section applies to school  | 
         
         
            | 
                
			 | 
            districts in accordance with Sections 48.104 and 48.108, the  | 
         
         
            | 
                
			 | 
            commissioner shall distribute that money as follows: | 
         
         
            | 
                
			 | 
                         (1)  provide to each school district that operates a  | 
         
         
            | 
                
			 | 
            full-day program under Section 29.153(c), funding under this  | 
         
         
            | 
                
			 | 
            chapter based on one-half of the average daily attendance  | 
         
         
            | 
                
			 | 
            calculated under Section 48.005 for each student in that program;  | 
         
         
            | 
                
			 | 
            and | 
         
         
            | 
                
			 | 
                         (2)  if any amount remains after distributing money  | 
         
         
            | 
                
			 | 
            under Subdivision (1), provide to each school district an amount  | 
         
         
            | 
                
			 | 
            that is proportional to the district's entitlement under Section  | 
         
         
            | 
                
			 | 
            48.104. | 
         
         
            | 
                
			 | 
                   SECTION 1.23.  Sections 48.105(a) and (b), Education Code,  | 
         
         
            | 
                
			 | 
            are amended to read as follows: | 
         
         
            | 
                
			 | 
                   (a)  For each student in average daily attendance in a  | 
         
         
            | 
                
			 | 
            bilingual education or special language program under Subchapter B,  | 
         
         
            | 
                
			 | 
            Chapter 29, a district is entitled to an annual allotment equal to  | 
         
         
            | 
                
			 | 
            the basic allotment multiplied by: | 
         
         
            | 
                
			 | 
                         (1)  for an emergent bilingual student, as defined by  | 
         
         
            | 
                
			 | 
            Section 29.052: | 
         
         
            | 
                
			 | 
                               (A)  0.12 [0.1]; or | 
         
         
            | 
                
			 | 
                               (B)  0.17 [0.15] if the student is in a bilingual  | 
         
         
            | 
                
			 | 
            education program using a dual language immersion/one-way or  | 
         
         
            | 
                
			 | 
            two-way program model; and | 
         
         
            | 
                
			 | 
                         (2)  for a student not described by Subdivision (1),  | 
         
         
            | 
                
			 | 
            0.07 [0.05] if the student is in a bilingual education program using  | 
         
         
            | 
                
			 | 
            a dual language immersion/two-way program model. | 
         
         
            | 
                
			 | 
                   (b)  At least 55 percent of the funds allocated under this  | 
         
         
            | 
                
			 | 
            section must be used in providing bilingual education or special  | 
         
         
            | 
                
			 | 
            language programs under Subchapter B, Chapter 29. A district's  | 
         
         
            | 
                
			 | 
            bilingual education or special language allocation may be used only  | 
         
         
            | 
                
			 | 
            for program and student evaluation, instructional materials and  | 
         
         
            | 
                
			 | 
            equipment, staff development, supplemental staff expenses,  | 
         
         
            | 
                
			 | 
            salaries [salary supplements] for teachers, incremental costs  | 
         
         
            | 
                
			 | 
            associated with providing smaller class sizes, and other supplies  | 
         
         
            | 
                
			 | 
            required for quality instruction. | 
         
         
            | 
                
			 | 
                   SECTION 1.24.  Section 48.108(a), Education Code, is amended  | 
         
         
            | 
                
			 | 
            to read as follows: | 
         
         
            | 
                
			 | 
                   (a)  For each student in average daily attendance in  | 
         
         
            | 
                
			 | 
            prekindergarten [kindergarten] through third grade, a school  | 
         
         
            | 
                
			 | 
            district is entitled to an annual allotment equal to the basic  | 
         
         
            | 
                
			 | 
            allotment multiplied by 0.1 if the student is: | 
         
         
            | 
                
			 | 
                         (1)  educationally disadvantaged; or | 
         
         
            | 
                
			 | 
                         (2)  an emergent bilingual student, as defined by  | 
         
         
            | 
                
			 | 
            Section 29.052, and is in a bilingual education or special language  | 
         
         
            | 
                
			 | 
            program under Subchapter B, Chapter 29. | 
         
         
            | 
                
			 | 
                   SECTION 1.25.  Section 48.112, Education Code, is amended by  | 
         
         
            | 
                
			 | 
            amending Subsections (c), (d), and (i) and adding Subsection (g-1)  | 
         
         
            | 
                
			 | 
            to read as follows: | 
         
         
            | 
                
			 | 
                   (c)  For each classroom teacher with a teacher designation  | 
         
         
            | 
                
			 | 
            under Section 21.3521 employed by a school district, the school  | 
         
         
            | 
                
			 | 
            district is entitled to an allotment equal to the following  | 
         
         
            | 
                
			 | 
            applicable base amount increased by the high needs and rural factor  | 
         
         
            | 
                
			 | 
            as determined under Subsection (d): | 
         
         
            | 
                
			 | 
                         (1)  $12,000, or an increased amount not to exceed  | 
         
         
            | 
                
			 | 
            $36,000 [$32,000] as determined under Subsection (d), for each  | 
         
         
            | 
                
			 | 
            master teacher; | 
         
         
            | 
                
			 | 
                         (2)  $9,000 [$6,000], or an increased amount not to  | 
         
         
            | 
                
			 | 
            exceed $25,000 [$18,000] as determined under Subsection (d), for  | 
         
         
            | 
                
			 | 
            each exemplary teacher; [and] | 
         
         
            | 
                
			 | 
                         (3)  $5,000 [$3,000], or an increased amount not to  | 
         
         
            | 
                
			 | 
            exceed $15,000 [$9,000] as determined under Subsection (d), for  | 
         
         
            | 
                
			 | 
            each recognized teacher; and | 
         
         
            | 
                
			 | 
                         (4)  $3,000, or an increased amount not to exceed  | 
         
         
            | 
                
			 | 
            $9,000 as determined under Subsection (d), for each: | 
         
         
            | 
                
			 | 
                               (A)  acknowledged teacher; or | 
         
         
            | 
                
			 | 
                               (B)  nationally board certified teacher. | 
         
         
            | 
                
			 | 
                   (d)  The high needs and rural factor is determined by  | 
         
         
            | 
                
			 | 
            multiplying the following applicable amounts by the average of the  | 
         
         
            | 
                
			 | 
            point value assigned to each student at a district campus under  | 
         
         
            | 
                
			 | 
            Subsection (e): | 
         
         
            | 
                
			 | 
                         (1)  $6,000 [$5,000] for each master teacher; | 
         
         
            | 
                
			 | 
                         (2)  $4,000 [$3,000] for each exemplary teacher; [and] | 
         
         
            | 
                
			 | 
                         (3)  $2,500 [$1,500] for each recognized teacher; and | 
         
         
            | 
                
			 | 
                         (4)  $1,500 for each: | 
         
         
            | 
                
			 | 
                               (A)  acknowledged teacher; or | 
         
         
            | 
                
			 | 
                               (B)  nationally board certified teacher. | 
         
         
            | 
                
			 | 
                   (g-1)  For a district that is designated as an enhanced  | 
         
         
            | 
                
			 | 
            teacher incentive allotment public school under Section  | 
         
         
            | 
                
			 | 
            21.3521(d-1), the commissioner shall increase the amount to which  | 
         
         
            | 
                
			 | 
            the district is entitled under this section by multiplying that  | 
         
         
            | 
                
			 | 
            amount by 1.1. | 
         
         
            | 
                
			 | 
                   (i)  A district shall annually certify that: | 
         
         
            | 
                
			 | 
                         (1)  funds received under this section were used as  | 
         
         
            | 
                
			 | 
            follows: | 
         
         
            | 
                
			 | 
                               (A)  at least 90 percent of each allotment  | 
         
         
            | 
                
			 | 
            received under Subsection (c) was used for the compensation of  | 
         
         
            | 
                
			 | 
            teachers employed at the campus at which the teacher for whom the  | 
         
         
            | 
                
			 | 
            district received the allotment is employed; [and] | 
         
         
            | 
                
			 | 
                               (B)  for a district whose allotment was increased  | 
         
         
            | 
                
			 | 
            under Subsection (g-1), the amount by which the allotment was  | 
         
         
            | 
                
			 | 
            increased under that subsection was used to meet the criteria to  | 
         
         
            | 
                
			 | 
            maintain a designation as an enhanced teacher incentive allotment  | 
         
         
            | 
                
			 | 
            public school under Section 21.3521(d-1); and | 
         
         
            | 
                
			 | 
                               (C)  any other funds received under this section  | 
         
         
            | 
                
			 | 
            were used for costs associated with implementing Section 21.3521,  | 
         
         
            | 
                
			 | 
            including efforts to support teachers in obtaining designations;  | 
         
         
            | 
                
			 | 
            and | 
         
         
            | 
                
			 | 
                         (2)  the district prioritized high needs campuses in  | 
         
         
            | 
                
			 | 
            the district in using funds received under this section. | 
         
         
            | 
                
			 | 
                   SECTION 1.26.  Section 48.115(a), Education Code, is amended  | 
         
         
            | 
                
			 | 
            to read as follows: | 
         
         
            | 
                
			 | 
                   (a)  Except as provided by Subsection (a-1), a school  | 
         
         
            | 
                
			 | 
            district is entitled to an annual allotment equal to the sum of the  | 
         
         
            | 
                
			 | 
            following amounts or a greater amount provided by appropriation: | 
         
         
            | 
                
			 | 
                         (1)  $10 for each student in average daily attendance,  | 
         
         
            | 
                
			 | 
            plus $1 for each student in average daily attendance per every $50  | 
         
         
            | 
                
			 | 
            by which the district's maximum basic allotment under Section  | 
         
         
            | 
                
			 | 
            48.051 exceeds $6,555 [$6,160], prorated as necessary; and | 
         
         
            | 
                
			 | 
                         (2)  $15,000 per campus. | 
         
         
            | 
                
			 | 
                   SECTION 1.27.  Subchapter C, Chapter 48, Education Code, is  | 
         
         
            | 
                
			 | 
            amended by adding Section 48.116 to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 48.116.  FINE ARTS ALLOTMENT.  (a)  For each student in  | 
         
         
            | 
                
			 | 
            average daily attendance enrolled in a fine arts education course  | 
         
         
            | 
                
			 | 
            approved by the agency under Subsection (b) in grades 6 through 12,  | 
         
         
            | 
                
			 | 
            a school district is entitled to an annual allotment equal to: | 
         
         
            | 
                
			 | 
                         (1)  if the student is not educationally disadvantaged,  | 
         
         
            | 
                
			 | 
            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 0.008; or | 
         
         
            | 
                
			 | 
                         (2) if the student is educationally disadvantaged, the  | 
         
         
            | 
                
			 | 
            amount determined under Subdivision (1) multiplied by two. | 
         
         
            | 
                
			 | 
                   (b)  The agency shall approve fine arts education courses  | 
         
         
            | 
                
			 | 
            that qualify for the allotment provided under this section.  The  | 
         
         
            | 
                
			 | 
            approved courses must include fine arts education courses that: | 
         
         
            | 
                
			 | 
                         (1)  are authorized by the State Board of Education,  | 
         
         
            | 
                
			 | 
            including music, art, theater, and dance; | 
         
         
            | 
                
			 | 
                         (2)  provide students with the knowledge and skills  | 
         
         
            | 
                
			 | 
            necessary for success in the fine arts; and | 
         
         
            | 
                
			 | 
                         (3)  require a student in full-time attendance to  | 
         
         
            | 
                
			 | 
            receive not less than 225 minutes of fine arts instruction per week. | 
         
         
            | 
                
			 | 
                   (c)  The agency shall annually publish a list of fine arts  | 
         
         
            | 
                
			 | 
            education courses approved under Subsection (b). | 
         
         
            | 
                
			 | 
                   (d)  The total amount of allotments provided under this  | 
         
         
            | 
                
			 | 
            section for a school year may not exceed $15 million. | 
         
         
            | 
                
			 | 
                   (e)  The agency may proportionally reduce each school  | 
         
         
            | 
                
			 | 
            district's allotment under this section if the amount appropriated  | 
         
         
            | 
                
			 | 
            for purposes of this section is insufficient to pay for all  | 
         
         
            | 
                
			 | 
            allotments to which districts are entitled under this section. | 
         
         
            | 
                
			 | 
                   SECTION 1.28.  Section 48.202, Education Code, is amended by  | 
         
         
            | 
                
			 | 
            amending Subsection (a-1) and adding Subsection (e-2) to read as  | 
         
         
            | 
                
			 | 
            follows: | 
         
         
            | 
                
			 | 
                   (a-1)  For purposes of Subsection (a), the dollar amount  | 
         
         
            | 
                
			 | 
            guaranteed level of state and local funds per weighted student per  | 
         
         
            | 
                
			 | 
            cent of tax effort ("GL") for a school district is: | 
         
         
            | 
                
			 | 
                         (1)  the greater of $129.52 or an amount set by  | 
         
         
            | 
                
			 | 
            appropriation [the amount of district tax revenue per weighted  | 
         
         
            | 
                
			 | 
            student per cent of tax effort available to a school district at the  | 
         
         
            | 
                
			 | 
            96th percentile of wealth per weighted student or the amount that  | 
         
         
            | 
                
			 | 
            results from multiplying 6,160, or the greater amount provided  | 
         
         
            | 
                
			 | 
            under Section 48.051(b), if applicable, by 0.016,] for the first  | 
         
         
            | 
                
			 | 
            eight cents by which the district's maintenance and operations tax  | 
         
         
            | 
                
			 | 
            rate exceeds the district's tier one tax rate; and | 
         
         
            | 
                
			 | 
                         (2)  subject to Subsection (f), the amount that results  | 
         
         
            | 
                
			 | 
            from multiplying the maximum amount of the basic allotment provided  | 
         
         
            | 
                
			 | 
            under Section 48.051 for the applicable school year [$6,160, or the  | 
         
         
            | 
                
			 | 
            greater amount provided under Section 48.051(b), if applicable,] by  | 
         
         
            | 
                
			 | 
            0.008, for the district's maintenance and operations tax effort  | 
         
         
            | 
                
			 | 
            that exceeds the amount of tax effort described by Subdivision (1). | 
         
         
            | 
                
			 | 
                   (e-2)  For purposes of this section, the total amount of  | 
         
         
            | 
                
			 | 
            maintenance and operations taxes collected by a school district not  | 
         
         
            | 
                
			 | 
            required to reduce its local revenue level under Section 48.257  | 
         
         
            | 
                
			 | 
            includes the amount of tax revenue received from a county-wide  | 
         
         
            | 
                
			 | 
            equalization tax. | 
         
         
            | 
                
			 | 
                   SECTION 1.29.  Subchapter F, Chapter 48, Education Code, is  | 
         
         
            | 
                
			 | 
            amended by adding Section 48.2561 to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 48.2561.  GUARANTEED YIELD INCREMENT ADJUSTMENT.  (a)   | 
         
         
            | 
                
			 | 
            Not later than October 1 of each even-numbered year, for the  | 
         
         
            | 
                
			 | 
            subsequent state fiscal biennium, the agency shall determine the  | 
         
         
            | 
                
			 | 
            amount of the guaranteed yield increment adjustment for each state  | 
         
         
            | 
                
			 | 
            fiscal year of the biennium. The amount of the guaranteed yield  | 
         
         
            | 
                
			 | 
            increment adjustment is the difference between: | 
         
         
            | 
                
			 | 
                         (1)  the estimated cost to the state of maintaining the  | 
         
         
            | 
                
			 | 
            guaranteed level of state and local funds per weighted student per  | 
         
         
            | 
                
			 | 
            cent of tax effort under Section 48.202(a-1)(1) at the 96th  | 
         
         
            | 
                
			 | 
            percentile of wealth per weighted student for each year of the  | 
         
         
            | 
                
			 | 
            biennium; and | 
         
         
            | 
                
			 | 
                         (2)  the state cost of maintaining the guaranteed level  | 
         
         
            | 
                
			 | 
            of state and local funds per weighted student per cent of tax effort  | 
         
         
            | 
                
			 | 
            at the amount provided by Section 48.202(a-1)(1). | 
         
         
            | 
                
			 | 
                   (b)  Notwithstanding Subsection (a), the amount of the  | 
         
         
            | 
                
			 | 
            guaranteed yield increment adjustment for each state fiscal year of  | 
         
         
            | 
                
			 | 
            the state fiscal biennium beginning September 1, 2025, is $55.  This  | 
         
         
            | 
                
			 | 
            subsection expires September 1, 2027. | 
         
         
            | 
                
			 | 
                   SECTION 1.30.  Section 48.266, Education Code, is amended by  | 
         
         
            | 
                
			 | 
            amending Subsection (b) and adding Subsection (b-1) to read as  | 
         
         
            | 
                
			 | 
            follows: | 
         
         
            | 
                
			 | 
                   (b)  Except as provided by this subsection and subject to  | 
         
         
            | 
                
			 | 
            Subsection (b-1), the commissioner shall base the determinations  | 
         
         
            | 
                
			 | 
            under Subsection (a) on the estimates provided to the legislature  | 
         
         
            | 
                
			 | 
            under Section 48.269, or, if the General Appropriations Act  | 
         
         
            | 
                
			 | 
            provides estimates for that purpose, on the estimates provided  | 
         
         
            | 
                
			 | 
            under that Act, for each school district for each school year.  The  | 
         
         
            | 
                
			 | 
            commissioner shall reduce the entitlement of each district that has  | 
         
         
            | 
                
			 | 
            a final taxable value of property for the second year of a state  | 
         
         
            | 
                
			 | 
            fiscal biennium that is higher than the estimate under Section  | 
         
         
            | 
                
			 | 
            48.269 or the General Appropriations Act, as applicable.  A  | 
         
         
            | 
                
			 | 
            reduction under this subsection may not reduce the district's  | 
         
         
            | 
                
			 | 
            entitlement below the amount to which it is entitled at its actual  | 
         
         
            | 
                
			 | 
            taxable value of property. | 
         
         
            | 
                
			 | 
                   (b-1)  Periodically throughout the school year, the  | 
         
         
            | 
                
			 | 
            commissioner shall adjust the determinations made under Subsection  | 
         
         
            | 
                
			 | 
            (a) to reflect current school year estimates of a district's  | 
         
         
            | 
                
			 | 
            enrollment and average daily attendance, based on attendance  | 
         
         
            | 
                
			 | 
            reporting for each six-week interval. | 
         
         
            | 
                
			 | 
                   SECTION 1.31.  Section 48.283, Education Code, is amended to  | 
         
         
            | 
                
			 | 
            read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 48.283.  ADDITIONAL STATE AID FOR CERTAIN DISTRICTS  | 
         
         
            | 
                
			 | 
            IMPACTED BY COMPRESSION.  (a)  For the 2023-2024 and 2024-2025  | 
         
         
            | 
                
			 | 
            school years, a [A] school district that received an adjustment  | 
         
         
            | 
                
			 | 
            under Section 48.257(b) for the 2022-2023 school year is entitled  | 
         
         
            | 
                
			 | 
            to additional state aid [for each school year] in an amount equal to  | 
         
         
            | 
                
			 | 
            [the amount of that adjustment for the 2022-2023 school year less]  | 
         
         
            | 
                
			 | 
            the difference, if the difference is greater than zero, between: | 
         
         
            | 
                
			 | 
                         (1)  [the amount to which the district is entitled  | 
         
         
            | 
                
			 | 
            under this chapter for the current school year; and | 
         
         
            | 
                
			 | 
                         [(2)]  the amount of state and local revenue that would  | 
         
         
            | 
                
			 | 
            have been available to [which] the district [would be entitled]  | 
         
         
            | 
                
			 | 
            under this chapter and Chapter 49 for the 2023-2024 or 2024-2025  | 
         
         
            | 
                
			 | 
            [current] school year, as applicable, if the district's maximum  | 
         
         
            | 
                
			 | 
            compressed tax rate had not been reduced under Section 48.2555, as  | 
         
         
            | 
                
			 | 
            added by S.B. 2, Acts of the 88th Legislature, 2nd Called Session,  | 
         
         
            | 
                
			 | 
            2023; and | 
         
         
            | 
                
			 | 
                         (2)  the amount of state and local revenue available to  | 
         
         
            | 
                
			 | 
            the district under this chapter and Chapter 49 for the 2023-2024 or  | 
         
         
            | 
                
			 | 
            2024-2025 school year, as applicable. | 
         
         
            | 
                
			 | 
                   (b)  This section expires January 1, 2026. | 
         
         
            | 
                
			 | 
                   SECTION 1.32.  Subchapter F, Chapter 48, Education Code, is  | 
         
         
            | 
                
			 | 
            amended by adding Sections 48.2711, 48.2831, and 48.284 to read as  | 
         
         
            | 
                
			 | 
            follows: | 
         
         
            | 
                
			 | 
                   Sec. 48.2711.  ADJUSTMENT FOR LOSS OF REVENUE DUE TO USE OF  | 
         
         
            | 
                
			 | 
            STATE VALUE.  (a)  This section applies only to a school district: | 
         
         
            | 
                
			 | 
                         (1)  for which the state value for the district's  | 
         
         
            | 
                
			 | 
            taxable value of property is used under Section 403.302(c),  | 
         
         
            | 
                
			 | 
            Government Code; and | 
         
         
            | 
                
			 | 
                         (2)  in which the district's board of trustees adopts a  | 
         
         
            | 
                
			 | 
            resolution during the school year recognizing the need for an  | 
         
         
            | 
                
			 | 
            adjustment under this section. | 
         
         
            | 
                
			 | 
                   (b)  For each school district to which this section applies,  | 
         
         
            | 
                
			 | 
            the agency shall determine whether the district's entitlement under  | 
         
         
            | 
                
			 | 
            this chapter for a school year is greater if the district's taxable  | 
         
         
            | 
                
			 | 
            value of property is: | 
         
         
            | 
                
			 | 
                         (1)  the local value; or | 
         
         
            | 
                
			 | 
                         (2)  the state value as determined by the comptroller  | 
         
         
            | 
                
			 | 
            under Sections 403.302(a) and (b), Government Code. | 
         
         
            | 
                
			 | 
                   (c)  If the agency determines under Subsection (b) that the  | 
         
         
            | 
                
			 | 
            school district's entitlement is greater for the applicable school  | 
         
         
            | 
                
			 | 
            year using the local value for the district's taxable value of  | 
         
         
            | 
                
			 | 
            property, the commissioner shall increase state aid or adjust the  | 
         
         
            | 
                
			 | 
            limit on local revenue under Section 48.257 for the district for  | 
         
         
            | 
                
			 | 
            that school year in an amount equal to: | 
         
         
            | 
                
			 | 
                         (1)  for the first school year in which this subsection  | 
         
         
            | 
                
			 | 
            applies to the district, the difference between the amounts  | 
         
         
            | 
                
			 | 
            determined under Subsection (b); | 
         
         
            | 
                
			 | 
                         (2)  for the second consecutive school year in which  | 
         
         
            | 
                
			 | 
            this subsection applies to the district, 70 percent of the  | 
         
         
            | 
                
			 | 
            difference between the amounts determined under Subsection (b); and | 
         
         
            | 
                
			 | 
                         (3)  for the third consecutive school year in which  | 
         
         
            | 
                
			 | 
            this subsection applies to the district, 40 percent of the  | 
         
         
            | 
                
			 | 
            difference between the amounts determined under Subsection (b). | 
         
         
            | 
                
			 | 
                   (d)  A school district may not receive an adjustment under  | 
         
         
            | 
                
			 | 
            this section for more than three consecutive school years unless  | 
         
         
            | 
                
			 | 
            the legislature specifically appropriates money for the purpose of  | 
         
         
            | 
                
			 | 
            making adjustments under this section for the fourth or a  | 
         
         
            | 
                
			 | 
            subsequent consecutive school year. | 
         
         
            | 
                
			 | 
                   (e)  For purposes of determining the number of consecutive  | 
         
         
            | 
                
			 | 
            school years for which this section applies to a school district,  | 
         
         
            | 
                
			 | 
            the commissioner may not consider a school year before the  | 
         
         
            | 
                
			 | 
            2025-2026 school year. | 
         
         
            | 
                
			 | 
                   (f)  A school year in which the comptroller determines a  | 
         
         
            | 
                
			 | 
            school district's local value to be valid under Section 403.302(c),  | 
         
         
            | 
                
			 | 
            Government Code, that occurs after the district receives an  | 
         
         
            | 
                
			 | 
            adjustment under this section is not included in calculating  | 
         
         
            | 
                
			 | 
            consecutive school years under Subsection (c) or (d) and is not  | 
         
         
            | 
                
			 | 
            considered a break in consecutive school years, except as provided  | 
         
         
            | 
                
			 | 
            by Subsection (h). | 
         
         
            | 
                
			 | 
                   (g)  A school district may not receive an adjustment under  | 
         
         
            | 
                
			 | 
            this section for a school year in which the district is determined  | 
         
         
            | 
                
			 | 
            to be an eligible school district, as defined by Section 403.3011,  | 
         
         
            | 
                
			 | 
            Government Code.  A school year in which the district is not  | 
         
         
            | 
                
			 | 
            eligible for an adjustment under this subsection is included in  | 
         
         
            | 
                
			 | 
            calculating consecutive school years under Subsections (c) and (d). | 
         
         
            | 
                
			 | 
                   (h)  Except as provided by Subsection (d), a school district  | 
         
         
            | 
                
			 | 
            that receives an adjustment under this section for three  | 
         
         
            | 
                
			 | 
            consecutive school years is not eligible to receive an adjustment  | 
         
         
            | 
                
			 | 
            under this section in the subsequent school year but may be again  | 
         
         
            | 
                
			 | 
            eligible for the adjustment following two consecutive school years  | 
         
         
            | 
                
			 | 
            for which the local value is used for the district's taxable value  | 
         
         
            | 
                
			 | 
            of property under Section 403.302(c), Government Code. | 
         
         
            | 
                
			 | 
                   (i)  The total amount of adjustments made under this section  | 
         
         
            | 
                
			 | 
            for a school year may not exceed $60 million. | 
         
         
            | 
                
			 | 
                   (j)  If the total amount of adjustments for which school  | 
         
         
            | 
                
			 | 
            districts are eligible under this section for a school year exceeds  | 
         
         
            | 
                
			 | 
            the limit under Subsection (i), the commissioner shall prioritize  | 
         
         
            | 
                
			 | 
            school districts experiencing the greatest percentage reduction in  | 
         
         
            | 
                
			 | 
            funding, as determined based on the difference between the amounts  | 
         
         
            | 
                
			 | 
            determined under Subsection (b). | 
         
         
            | 
                
			 | 
                   (k)  A determination made by the commissioner under this  | 
         
         
            | 
                
			 | 
            section is final and may not be appealed. | 
         
         
            | 
                
			 | 
                   Sec. 48.2831.  ADDITIONAL STATE AID TO ENSURE MINIMUM  | 
         
         
            | 
                
			 | 
            FUNDING LEVEL.  (a) Beginning with the 2025-2026 school year, a  | 
         
         
            | 
                
			 | 
            school district is entitled to additional state aid in an amount  | 
         
         
            | 
                
			 | 
            necessary to ensure the district receives state and local revenue  | 
         
         
            | 
                
			 | 
            per student in weighted average daily attendance under this chapter  | 
         
         
            | 
                
			 | 
            and Chapter 49 in an amount at least equal to the sum of: | 
         
         
            | 
                
			 | 
                         (1)  state and local revenue per student in weighted  | 
         
         
            | 
                
			 | 
            average daily attendance that would have been available to the  | 
         
         
            | 
                
			 | 
            district for the 2025-2026 school year under this chapter and  | 
         
         
            | 
                
			 | 
            Chapter 49, as those chapters existed on September 1, 2024; and | 
         
         
            | 
                
			 | 
                         (2)  $200. | 
         
         
            | 
                
			 | 
                   (b)  The amount of additional state aid to which a district  | 
         
         
            | 
                
			 | 
            is entitled under this section shall be calculated only after all  | 
         
         
            | 
                
			 | 
            other funding to which the district is entitled under this chapter  | 
         
         
            | 
                
			 | 
            and Chapter 49 has been calculated. | 
         
         
            | 
                
			 | 
                   (c)  For purposes of calculating the amount of additional  | 
         
         
            | 
                
			 | 
            state aid to which a district is entitled under this section, the  | 
         
         
            | 
                
			 | 
            agency shall: | 
         
         
            | 
                
			 | 
                         (1)  for the 2025-2026 school year, use the same values  | 
         
         
            | 
                
			 | 
            for formula funding adjustments under this chapter and Chapter 49,  | 
         
         
            | 
                
			 | 
            as those chapters existed on September 1, 2024, that the agency used  | 
         
         
            | 
                
			 | 
            during that school year; and | 
         
         
            | 
                
			 | 
                         (2)  for a school year after the 2025-2026 school year,  | 
         
         
            | 
                
			 | 
            exclude any formula funding adjustments under this chapter and  | 
         
         
            | 
                
			 | 
            Chapter 49, as those chapters existed on September 1, 2024, that are  | 
         
         
            | 
                
			 | 
            expired or do not apply to the district for a school year following  | 
         
         
            | 
                
			 | 
            the 2025-2026 school year as provided by this chapter and Chapter  | 
         
         
            | 
                
			 | 
            49, as those chapters existed on September 1, 2024. | 
         
         
            | 
                
			 | 
                   (d)  The agency shall notify the Legislative Budget Board as  | 
         
         
            | 
                
			 | 
            soon as practicable after the agency determines that no school  | 
         
         
            | 
                
			 | 
            districts qualify for additional state aid under this section. | 
         
         
            | 
                
			 | 
                   Sec. 48.284.  ADDITIONAL STATE AID FOR REGIONAL INSURANCE  | 
         
         
            | 
                
			 | 
            COST DIFFERENTIALS.  (a)  In this section, "catastrophe area" and  | 
         
         
            | 
                
			 | 
            "first tier coastal county" have the meanings assigned by Section  | 
         
         
            | 
                
			 | 
            2210.003, Insurance Code. | 
         
         
            | 
                
			 | 
                   (b)  This section applies to a school district or  | 
         
         
            | 
                
			 | 
            open-enrollment charter school that has the following property  | 
         
         
            | 
                
			 | 
            located in a first tier coastal county or an area designated in 2024  | 
         
         
            | 
                
			 | 
            as a catastrophe area: | 
         
         
            | 
                
			 | 
                         (1)  the central administrative office of the district  | 
         
         
            | 
                
			 | 
            or school; and | 
         
         
            | 
                
			 | 
                         (2)  a majority of campuses of the district or school. | 
         
         
            | 
                
			 | 
                   (c)  A school district or open-enrollment charter school to  | 
         
         
            | 
                
			 | 
            which this section applies is entitled to additional state aid for  | 
         
         
            | 
                
			 | 
            each student in adjusted average daily attendance in an amount  | 
         
         
            | 
                
			 | 
            equal to the difference between, for the 2023-2024 school year, or a  | 
         
         
            | 
                
			 | 
            different school year specified by appropriation: | 
         
         
            | 
                
			 | 
                         (1)  the total amount paid for property and casualty  | 
         
         
            | 
                
			 | 
            insurance by districts and schools in the county or catastrophe  | 
         
         
            | 
                
			 | 
            area described by Subsection (b) in which the district's or school's  | 
         
         
            | 
                
			 | 
            property is located divided by the total number of students in  | 
         
         
            | 
                
			 | 
            average daily attendance for all districts and schools in the  | 
         
         
            | 
                
			 | 
            county or catastrophe area; and | 
         
         
            | 
                
			 | 
                         (2)  the total amount paid for property and casualty  | 
         
         
            | 
                
			 | 
            insurance by districts and schools in the state divided by the total  | 
         
         
            | 
                
			 | 
            number of students in average daily attendance in the state. | 
         
         
            | 
                
			 | 
                   (d)  For purposes of Subsection (c), the average daily  | 
         
         
            | 
                
			 | 
            attendance of a school district that qualifies for, or an  | 
         
         
            | 
                
			 | 
            open-enrollment charter school that if the school were a school  | 
         
         
            | 
                
			 | 
            district would qualify for, an allotment under Section 48.101 is  | 
         
         
            | 
                
			 | 
            the district's or school's average daily attendance multiplied by  | 
         
         
            | 
                
			 | 
            the sum of one and: | 
         
         
            | 
                
			 | 
                         (1)  for a school district, the district's annual  | 
         
         
            | 
                
			 | 
            allotment per student in average daily attendance under that  | 
         
         
            | 
                
			 | 
            section divided by the basic allotment; or | 
         
         
            | 
                
			 | 
                         (2)  for an open-enrollment charter school, the  | 
         
         
            | 
                
			 | 
            school's allotment determined per student in average daily  | 
         
         
            | 
                
			 | 
            attendance under Section 12.106(a-2) divided by the basic  | 
         
         
            | 
                
			 | 
            allotment. | 
         
         
            | 
                
			 | 
                   SECTION 1.33.  Sections 12.1058(e) and 12.106(a-4),  | 
         
         
            | 
                
			 | 
            Education Code, are repealed. | 
         
         
            | 
                
			 | 
                   SECTION 1.34.  Immediately following the effective date of  | 
         
         
            | 
                
			 | 
            this Act, a school district or open-enrollment charter school shall  | 
         
         
            | 
                
			 | 
            redesignate a teacher who holds a designation made under Section  | 
         
         
            | 
                
			 | 
            21.3521, Education Code, before the effective date of this Act, to  | 
         
         
            | 
                
			 | 
            reflect the teacher's designation under Section 21.3521, Education  | 
         
         
            | 
                
			 | 
            Code, as amended by this article.  Funding provided to a school  | 
         
         
            | 
                
			 | 
            district under Section 48.112, Education Code, as amended by this  | 
         
         
            | 
                
			 | 
            article, for a teacher who held a designation made under Section  | 
         
         
            | 
                
			 | 
            21.3521, Education Code, as that section existed immediately before  | 
         
         
            | 
                
			 | 
            the effective date of this Act, shall be increased to reflect the  | 
         
         
            | 
                
			 | 
            teacher's redesignation under Section 21.3521, Education Code, as  | 
         
         
            | 
                
			 | 
            amended by this article. | 
         
         
            | 
                
			 | 
                   SECTION 1.35.  Not later than September 1, 2027, the  | 
         
         
            | 
                
			 | 
            commissioner of education shall post on the Texas Education  | 
         
         
            | 
                
			 | 
            Agency's Internet website the initial list of enhanced teacher  | 
         
         
            | 
                
			 | 
            incentive allotment public schools required by Section  | 
         
         
            | 
                
			 | 
            21.3521(d-3), Education Code, as added by this article. | 
         
         
            | 
                
			 | 
                   SECTION 1.36.  As soon as practicable after the effective  | 
         
         
            | 
                
			 | 
            date of this Act, the commissioner of education shall establish the  | 
         
         
            | 
                
			 | 
            grant program required under Section 29.941, Education Code, as  | 
         
         
            | 
                
			 | 
            added by this article. | 
         
         
            | 
                
			 | 
            ARTICLE 2.  TEACHER PREPARATION AND CHANGES RELATED TO EMPLOYEES | 
         
         
            | 
                
			 | 
                   SECTION 2.01.  Section 12A.004(a), Education Code, is  | 
         
         
            | 
                
			 | 
            amended to read as follows: | 
         
         
            | 
                
			 | 
                   (a)  A local innovation plan may not provide for the  | 
         
         
            | 
                
			 | 
            exemption of a district designated as a district of innovation from  | 
         
         
            | 
                
			 | 
            the following provisions of this title: | 
         
         
            | 
                
			 | 
                         (1)  a state or federal requirement applicable to an  | 
         
         
            | 
                
			 | 
            open-enrollment charter school operating under Subchapter D,  | 
         
         
            | 
                
			 | 
            Chapter 12; | 
         
         
            | 
                
			 | 
                         (2)  Subchapters A, C, D, and E, Chapter 11, except that  | 
         
         
            | 
                
			 | 
            a district may be exempt from Sections 11.1511(b)(5) and (14) and  | 
         
         
            | 
                
			 | 
            Section 11.162; | 
         
         
            | 
                
			 | 
                         (3)  the employment of uncertified classroom teachers  | 
         
         
            | 
                
			 | 
            under Section 21.0032; | 
         
         
            | 
                
			 | 
                         (4)  parental notification requirements under Section  | 
         
         
            | 
                
			 | 
            21.057; | 
         
         
            | 
                
			 | 
                         (5)  state curriculum and graduation requirements  | 
         
         
            | 
                
			 | 
            adopted under Chapter 28; and | 
         
         
            | 
                
			 | 
                         (6) [(4)]  academic and financial accountability and  | 
         
         
            | 
                
			 | 
            sanctions under Chapters 39 and 39A. | 
         
         
            | 
                
			 | 
                   SECTION 2.02.  Section 21.001, Education Code, is amended by  | 
         
         
            | 
                
			 | 
            adding Subdivision (3-b) to read as follows: | 
         
         
            | 
                
			 | 
                         (3-b)  "Teacher of record" means a person employed by a  | 
         
         
            | 
                
			 | 
            school district who teaches the majority of the instructional day  | 
         
         
            | 
                
			 | 
            in an academic instructional setting and is responsible for  | 
         
         
            | 
                
			 | 
            evaluating student achievement and assigning grades. | 
         
         
            | 
                
			 | 
                   SECTION 2.03.  Subchapter A, Chapter 21, Education Code, is  | 
         
         
            | 
                
			 | 
            amended by adding Sections 21.0032 and 21.0033 to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 21.0032.  EMPLOYMENT OF UNCERTIFIED CLASSROOM  | 
         
         
            | 
                
			 | 
            TEACHERS.  (a)  A school district may not employ as a teacher of  | 
         
         
            | 
                
			 | 
            record for a course in the foundation curriculum under Section  | 
         
         
            | 
                
			 | 
            28.002 a person who does not hold an appropriate certificate or  | 
         
         
            | 
                
			 | 
            permit required by the State Board for Educator Certification under  | 
         
         
            | 
                
			 | 
            Subchapter B. | 
         
         
            | 
                
			 | 
                   (a-1)  Notwithstanding Subsection (a), a school district may  | 
         
         
            | 
                
			 | 
            employ as a classroom teacher for a course in the foundation  | 
         
         
            | 
                
			 | 
            curriculum under Section 28.002 not more than the following  | 
         
         
            | 
                
			 | 
            applicable percentage of classroom teachers who do not hold an  | 
         
         
            | 
                
			 | 
            appropriate certificate or permit required by the State Board for  | 
         
         
            | 
                
			 | 
            Educator Certification under Subchapter B: | 
         
         
            | 
                
			 | 
                         (1)  for the 2026-2027 school year, 20 percent; | 
         
         
            | 
                
			 | 
                         (2)  for the 2027-2028 school year, 15 percent; | 
         
         
            | 
                
			 | 
                         (3)  for the 2028-2029 school year, 10 percent; and | 
         
         
            | 
                
			 | 
                         (4)  for the 2029-2030 school year, 5 percent. | 
         
         
            | 
                
			 | 
                   (a-2)  This subsection and Subsection (a-1) expire September  | 
         
         
            | 
                
			 | 
            1, 2031. | 
         
         
            | 
                
			 | 
                   (b)  This section does not preclude a school district from: | 
         
         
            | 
                
			 | 
                         (1)  receiving a waiver under Section 7.056; or | 
         
         
            | 
                
			 | 
                         (2)  issuing a school district teaching permit under  | 
         
         
            | 
                
			 | 
            Section 21.055. | 
         
         
            | 
                
			 | 
                   Sec. 21.0033.  TEACHER CERTIFICATION INCENTIVE.  (a)  From  | 
         
         
            | 
                
			 | 
            money appropriated or otherwise available for the purpose, the  | 
         
         
            | 
                
			 | 
            agency shall provide to each school district a one-time payment of  | 
         
         
            | 
                
			 | 
            $1,000 for each classroom teacher employed by the district who: | 
         
         
            | 
                
			 | 
                         (1)  was hired for the 2022-2023 or 2023-2024 school  | 
         
         
            | 
                
			 | 
            year as a first-year teacher; | 
         
         
            | 
                
			 | 
                         (2)  was uncertified on January 1, 2025; | 
         
         
            | 
                
			 | 
                         (3)  earned a standard certificate under Subchapter B  | 
         
         
            | 
                
			 | 
            by the end of the 2025-2026 school year; and | 
         
         
            | 
                
			 | 
                         (4)  was continuously employed by the district since  | 
         
         
            | 
                
			 | 
            the school year described by Subdivision (1). | 
         
         
            | 
                
			 | 
                   (b)  This section expires September 1, 2027. | 
         
         
            | 
                
			 | 
                   SECTION 2.04.  Subchapter B, Chapter 21, Education Code, is  | 
         
         
            | 
                
			 | 
            amended by adding Section 21.0411 to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 21.0411.  WAIVER OR PAYMENT OF CERTAIN EXAMINATION AND  | 
         
         
            | 
                
			 | 
            CERTIFICATION FEES.  (a)  Notwithstanding a rule adopted under  | 
         
         
            | 
                
			 | 
            Section 21.041(c), the board shall, for a person applying for a  | 
         
         
            | 
                
			 | 
            certification in special education, bilingual education, or  | 
         
         
            | 
                
			 | 
            another area specified by the General Appropriations Act, waive: | 
         
         
            | 
                
			 | 
                         (1)  a certification examination fee imposed by the  | 
         
         
            | 
                
			 | 
            board for the first administration of the examination to the  | 
         
         
            | 
                
			 | 
            person; and | 
         
         
            | 
                
			 | 
                         (2)  a fee associated with the application for  | 
         
         
            | 
                
			 | 
            certification by the person. | 
         
         
            | 
                
			 | 
                   (b)  The board shall pay to a vendor that administers a  | 
         
         
            | 
                
			 | 
            certification examination described by Subsection (a) a fee  | 
         
         
            | 
                
			 | 
            assessed by that vendor for the examination of a person applying for  | 
         
         
            | 
                
			 | 
            a certification described by Subsection (a) for the first  | 
         
         
            | 
                
			 | 
            administration of the examination to the person. | 
         
         
            | 
                
			 | 
                   SECTION 2.05.  Subchapter I, Chapter 21, Education Code, is  | 
         
         
            | 
                
			 | 
            amended by adding Section 21.416 to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 21.416.  EMPLOYED RETIREE EDUCATOR REIMBURSEMENT GRANT  | 
         
         
            | 
                
			 | 
            PROGRAM.  (a)  From money appropriated or otherwise available, the  | 
         
         
            | 
                
			 | 
            commissioner shall establish and administer a grant program to  | 
         
         
            | 
                
			 | 
            reimburse a school district, an open-enrollment charter school, the  | 
         
         
            | 
                
			 | 
            Windham School District, the Texas School for the Deaf, or the Texas  | 
         
         
            | 
                
			 | 
            School for the Blind and Visually Impaired for the increased  | 
         
         
            | 
                
			 | 
            contributions to the Teacher Retirement System of Texas associated  | 
         
         
            | 
                
			 | 
            with hiring a teacher, or an educator providing special education  | 
         
         
            | 
                
			 | 
            services, who retired before September 1, 2024. | 
         
         
            | 
                
			 | 
                   (b)  In appropriating money for grants awarded under this  | 
         
         
            | 
                
			 | 
            section, the legislature may provide for, modify, or limit amounts  | 
         
         
            | 
                
			 | 
            appropriated for that purpose in the General Appropriations Act,  | 
         
         
            | 
                
			 | 
            including by: | 
         
         
            | 
                
			 | 
                         (1)  providing, notwithstanding Subsection (a), a date  | 
         
         
            | 
                
			 | 
            or date range other than September 1, 2024, before which a teacher  | 
         
         
            | 
                
			 | 
            or educator must have retired for a school district, an  | 
         
         
            | 
                
			 | 
            open-enrollment charter school, the Windham School District, the  | 
         
         
            | 
                
			 | 
            Texas School for the Deaf, or the Texas School for the Blind and  | 
         
         
            | 
                
			 | 
            Visually Impaired to be eligible; or | 
         
         
            | 
                
			 | 
                         (2)  limiting eligibility to a district or school  | 
         
         
            | 
                
			 | 
            described by Subdivision (1) that hires a retired teacher or  | 
         
         
            | 
                
			 | 
            educator, as applicable: | 
         
         
            | 
                
			 | 
                               (A)  who holds a certain certification; | 
         
         
            | 
                
			 | 
                               (B)  to teach a certain subject or grade; | 
         
         
            | 
                
			 | 
                               (C)  in a certain geographical area; or | 
         
         
            | 
                
			 | 
                               (D)  to provide instruction to certain students,  | 
         
         
            | 
                
			 | 
            including to students with disabilities. | 
         
         
            | 
                
			 | 
                   (c)  The commissioner shall proportionally reduce the amount  | 
         
         
            | 
                
			 | 
            of money awarded to school districts, open-enrollment charter  | 
         
         
            | 
                
			 | 
            schools, the Windham School District, the Texas School for the  | 
         
         
            | 
                
			 | 
            Deaf, and the Texas School for the Blind and Visually Impaired under  | 
         
         
            | 
                
			 | 
            this section if the number of grant applications by eligible  | 
         
         
            | 
                
			 | 
            districts or schools exceeds the number of grants the commissioner  | 
         
         
            | 
                
			 | 
            could award with the money appropriated or otherwise available for  | 
         
         
            | 
                
			 | 
            the purpose. | 
         
         
            | 
                
			 | 
                   (d)  A school district, an open-enrollment charter school,  | 
         
         
            | 
                
			 | 
            the Windham School District, the Texas School for the Deaf, or the  | 
         
         
            | 
                
			 | 
            Texas School for the Blind and Visually Impaired may use money  | 
         
         
            | 
                
			 | 
            received under this section to make required payments under Section  | 
         
         
            | 
                
			 | 
            825.4092, Government Code. | 
         
         
            | 
                
			 | 
                   SECTION 2.06.  Chapter 21, Education Code, is amended by  | 
         
         
            | 
                
			 | 
            adding Subchapter R to read as follows: | 
         
         
            | 
                
			 | 
            SUBCHAPTER R.  GROW YOUR OWN PARTNERSHIP PROGRAM | 
         
         
            | 
                
			 | 
                   Sec. 21.901.  DEFINITIONS.  In this subchapter: | 
         
         
            | 
                
			 | 
                         (1)  "Cooperating teacher" means a classroom teacher  | 
         
         
            | 
                
			 | 
            who: | 
         
         
            | 
                
			 | 
                               (A)  has at least three full school years of  | 
         
         
            | 
                
			 | 
            teaching experience with a superior record of assisting students in  | 
         
         
            | 
                
			 | 
            achieving improvement in student performance; | 
         
         
            | 
                
			 | 
                               (B)  is employed by a school district or  | 
         
         
            | 
                
			 | 
            open-enrollment charter school participating in the program under  | 
         
         
            | 
                
			 | 
            this subchapter and paired with a student or employee participating  | 
         
         
            | 
                
			 | 
            in the program at the district or school; and | 
         
         
            | 
                
			 | 
                               (C)  provides coaching to a student or employee  | 
         
         
            | 
                
			 | 
            participating in the program in the teacher's classroom. | 
         
         
            | 
                
			 | 
                         (2)  "Program" means the Grow Your Own Partnership  | 
         
         
            | 
                
			 | 
            Program established under Section 21.902. | 
         
         
            | 
                
			 | 
                   Sec. 21.902.  GROW YOUR OWN PARTNERSHIP PROGRAM.  (a)  The  | 
         
         
            | 
                
			 | 
            commissioner shall establish the Grow Your Own Partnership Program  | 
         
         
            | 
                
			 | 
            to enable qualified institutions of higher education and educator  | 
         
         
            | 
                
			 | 
            preparation programs, as determined by the commissioner, to form  | 
         
         
            | 
                
			 | 
            partnerships with school districts or open-enrollment charter  | 
         
         
            | 
                
			 | 
            schools to establish innovative staffing pipelines to ensure the  | 
         
         
            | 
                
			 | 
            availability of high-quality classroom teachers to benefit future  | 
         
         
            | 
                
			 | 
            district or school students. | 
         
         
            | 
                
			 | 
                   (b)  The program must be designed to form partnerships that  | 
         
         
            | 
                
			 | 
            support: | 
         
         
            | 
                
			 | 
                         (1)  high school students in completing career and  | 
         
         
            | 
                
			 | 
            technical education courses that help prepare the students to  | 
         
         
            | 
                
			 | 
            become classroom teachers; or | 
         
         
            | 
                
			 | 
                         (2)  district or school employees who do not hold a  | 
         
         
            | 
                
			 | 
            teaching certificate in completing an associate degree or the first  | 
         
         
            | 
                
			 | 
            60 hours of a bachelor's degree to enable the person to become a  | 
         
         
            | 
                
			 | 
            classroom teacher while employed by the district or school. | 
         
         
            | 
                
			 | 
                   (c)  A school district or open-enrollment charter school may  | 
         
         
            | 
                
			 | 
            participate in the program on the approval of an application  | 
         
         
            | 
                
			 | 
            submitted to the commissioner by the district or school. | 
         
         
            | 
                
			 | 
                   (d)  A school district or open-enrollment charter school  | 
         
         
            | 
                
			 | 
            participating in the program shall: | 
         
         
            | 
                
			 | 
                         (1)  for a partnership described by Subsection (b)(1),  | 
         
         
            | 
                
			 | 
            provide: | 
         
         
            | 
                
			 | 
                               (A)  authentic opportunities, which may be paid or  | 
         
         
            | 
                
			 | 
            unpaid, for students to practice teaching under the supervision of  | 
         
         
            | 
                
			 | 
            a cooperating teacher; and | 
         
         
            | 
                
			 | 
                               (B)  guidance and other transition supports as a  | 
         
         
            | 
                
			 | 
            student begins an undergraduate degree program that offers a route  | 
         
         
            | 
                
			 | 
            to teacher preparation; | 
         
         
            | 
                
			 | 
                         (2)  for a partnership described by Subsection (b)(2),  | 
         
         
            | 
                
			 | 
            provide for a district or school employee: | 
         
         
            | 
                
			 | 
                               (A)  scheduled release time to support the  | 
         
         
            | 
                
			 | 
            completion of an associate degree or the first 60 hours of a  | 
         
         
            | 
                
			 | 
            bachelor's degree; | 
         
         
            | 
                
			 | 
                               (B)  authentic opportunities to practice teaching  | 
         
         
            | 
                
			 | 
            under the supervision of a cooperating teacher; | 
         
         
            | 
                
			 | 
                               (C)  on-the-job training aligned with the  | 
         
         
            | 
                
			 | 
            standards for educator certification established by the board; | 
         
         
            | 
                
			 | 
                               (D)  a job assignment that includes instructional  | 
         
         
            | 
                
			 | 
            support for students enrolled in the district or school; and | 
         
         
            | 
                
			 | 
                               (E)  guidance and other transition supports as the  | 
         
         
            | 
                
			 | 
            employee begins a program to satisfy the teacher preparation  | 
         
         
            | 
                
			 | 
            requirements under Subchapter B; | 
         
         
            | 
                
			 | 
                         (3)  enter into a written agreement with an institution  | 
         
         
            | 
                
			 | 
            of higher education; | 
         
         
            | 
                
			 | 
                         (4)  require an employee participating in a partnership  | 
         
         
            | 
                
			 | 
            described by Subsection (b)(2) to, as a condition for  | 
         
         
            | 
                
			 | 
            participation, earn a bachelor's degree and enroll in an educator  | 
         
         
            | 
                
			 | 
            preparation program within three years of completion of an  | 
         
         
            | 
                
			 | 
            associate degree or the first 60 hours of a bachelor's degree; and | 
         
         
            | 
                
			 | 
                         (5)  provide any information required by the agency  | 
         
         
            | 
                
			 | 
            regarding the district's or school's implementation of the program. | 
         
         
            | 
                
			 | 
                   (e)  A school district or open-enrollment charter school may  | 
         
         
            | 
                
			 | 
            use money received under Section 48.157 to implement the program  | 
         
         
            | 
                
			 | 
            and pay tuition and fees, including certification fees, for  | 
         
         
            | 
                
			 | 
            students or employees participating in the program. | 
         
         
            | 
                
			 | 
                   (f)  A school district or open-enrollment charter school may  | 
         
         
            | 
                
			 | 
            only pair a student or employee participating in the program with a  | 
         
         
            | 
                
			 | 
            cooperating teacher who agrees to participate in that role in the  | 
         
         
            | 
                
			 | 
            program at the district or school. | 
         
         
            | 
                
			 | 
                   (g)  A student or employee participating in the program may  | 
         
         
            | 
                
			 | 
            not serve: | 
         
         
            | 
                
			 | 
                         (1)  as a teacher of record; or | 
         
         
            | 
                
			 | 
                         (2)  except as provided by Subsection (h), in a  | 
         
         
            | 
                
			 | 
            position in which the student or employee has the primary or sole  | 
         
         
            | 
                
			 | 
            responsibility of providing instruction or supervision to  | 
         
         
            | 
                
			 | 
            students. | 
         
         
            | 
                
			 | 
                   (h)  A student or employee participating in the program may  | 
         
         
            | 
                
			 | 
            serve in a position described by Subsection (g)(2) for the limited  | 
         
         
            | 
                
			 | 
            purpose of gaining experience in the position.  The student's or  | 
         
         
            | 
                
			 | 
            employee's amount of time serving in that position may not exceed  | 
         
         
            | 
                
			 | 
            the amount of time during which the teacher of record for the  | 
         
         
            | 
                
			 | 
            students has the primary or sole responsibility of providing  | 
         
         
            | 
                
			 | 
            instruction or supervision to those students. | 
         
         
            | 
                
			 | 
                   Sec. 21.903.  RULES.  The commissioner shall adopt rules as  | 
         
         
            | 
                
			 | 
            necessary to implement this subchapter. | 
         
         
            | 
                
			 | 
                   SECTION 2.07.  Subchapter D, Chapter 48, Education Code, is  | 
         
         
            | 
                
			 | 
            amended by adding Section 48.157 to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 48.157.  GROW YOUR OWN PARTNERSHIP PROGRAM ALLOTMENT.   | 
         
         
            | 
                
			 | 
            (a)  Subject to Subsection (d), for each district employee  | 
         
         
            | 
                
			 | 
            participating in a partnership described by Section 21.902(b)(2), a  | 
         
         
            | 
                
			 | 
            school district is entitled to an annual allotment equal to the sum  | 
         
         
            | 
                
			 | 
            of: | 
         
         
            | 
                
			 | 
                         (1)  $8,000; and | 
         
         
            | 
                
			 | 
                         (2)  the high needs and rural factor, as determined  | 
         
         
            | 
                
			 | 
            under Subsection (b), multiplied by $1,000. | 
         
         
            | 
                
			 | 
                   (b)  The high needs and rural factor is the lesser of: | 
         
         
            | 
                
			 | 
                         (1)  the average of the point value assigned to each  | 
         
         
            | 
                
			 | 
            student at a district campus under Sections 48.112(e) and (f); or | 
         
         
            | 
                
			 | 
                         (2)  4.0. | 
         
         
            | 
                
			 | 
                   (c)  The Texas School for the Deaf and the Texas School for  | 
         
         
            | 
                
			 | 
            the Blind and Visually Impaired are entitled to an allotment under  | 
         
         
            | 
                
			 | 
            this section.  If the commissioner determines that assigning point  | 
         
         
            | 
                
			 | 
            values under Subsection (b) to students enrolled in the Texas  | 
         
         
            | 
                
			 | 
            School for the Deaf or the Texas School for the Blind and Visually  | 
         
         
            | 
                
			 | 
            Impaired is impractical, the commissioner may use the average point  | 
         
         
            | 
                
			 | 
            value assigned for those students' home districts for purposes of  | 
         
         
            | 
                
			 | 
            calculating the high needs and rural factor. | 
         
         
            | 
                
			 | 
                   (d)  Unless a greater number of individuals is provided for  | 
         
         
            | 
                
			 | 
            by appropriation for that school year, a school district may  | 
         
         
            | 
                
			 | 
            receive an allotment under this section for a school year for not  | 
         
         
            | 
                
			 | 
            more than 40 district employees. | 
         
         
            | 
                
			 | 
                   (e)  The agency shall provide 50 percent of the money the  | 
         
         
            | 
                
			 | 
            school district is entitled to receive under this section for a  | 
         
         
            | 
                
			 | 
            district employee only on the employee's successful completion of a  | 
         
         
            | 
                
			 | 
            bachelor's degree by the deadline established by the agency. | 
         
         
            | 
                
			 | 
                   SECTION 2.08.  Section 12A.004(a), Education Code, as  | 
         
         
            | 
                
			 | 
            amended by this article, applies to each local innovation plan  | 
         
         
            | 
                
			 | 
            adopted under Chapter 12A, Education Code, regardless of whether  | 
         
         
            | 
                
			 | 
            the plan was adopted before, on, or after the effective date of this  | 
         
         
            | 
                
			 | 
            article. A local innovation plan adopted or renewed before the  | 
         
         
            | 
                
			 | 
            effective date of this article must comply with Section 12A.004(a),  | 
         
         
            | 
                
			 | 
            Education Code, as amended by this article, not later than  | 
         
         
            | 
                
			 | 
            September 1, 2025. | 
         
         
            | 
                
			 | 
            ARTICLE 3.  SPECIAL EDUCATION | 
         
         
            | 
                
			 | 
                   SECTION 3.01.  Section 7.021(b)(10), Education Code, is  | 
         
         
            | 
                
			 | 
            amended to read as follows: | 
         
         
            | 
                
			 | 
                         (10)  The agency shall carry out duties assigned under  | 
         
         
            | 
                
			 | 
            Section 30.002 concerning children who have visual impairments, are  | 
         
         
            | 
                
			 | 
            deaf or hard of hearing, or are deaf-blind [with visual  | 
         
         
            | 
                
			 | 
            impairments]. | 
         
         
            | 
                
			 | 
                   SECTION 3.02.  Section 7.055(b)(25), Education Code, is  | 
         
         
            | 
                
			 | 
            amended to read as follows: | 
         
         
            | 
                
			 | 
                         (25)  The commissioner shall develop a system to  | 
         
         
            | 
                
			 | 
            distribute to school districts or regional education service  | 
         
         
            | 
                
			 | 
            centers a special supplemental allowance for students with visual  | 
         
         
            | 
                
			 | 
            impairments as required under Section 30.0021 [30.002]. | 
         
         
            | 
                
			 | 
                   SECTION 3.03.  Section 8.051(d), Education Code, is amended  | 
         
         
            | 
                
			 | 
            to read as follows: | 
         
         
            | 
                
			 | 
                   (d)  Each regional education service center shall maintain  | 
         
         
            | 
                
			 | 
            core services for purchase by school districts and campuses.  The  | 
         
         
            | 
                
			 | 
            core services are: | 
         
         
            | 
                
			 | 
                         (1)  training and assistance in: | 
         
         
            | 
                
			 | 
                               (A)  teaching each subject area assessed under  | 
         
         
            | 
                
			 | 
            Section 39.023; and | 
         
         
            | 
                
			 | 
                               (B)  providing instruction in personal financial  | 
         
         
            | 
                
			 | 
            literacy as required under Section 28.0021; | 
         
         
            | 
                
			 | 
                         (2)  training and assistance in providing each program  | 
         
         
            | 
                
			 | 
            that qualifies for a funding allotment under Section 48.102,  | 
         
         
            | 
                
			 | 
            48.1021, 48.103, 48.104, 48.105, or 48.109; | 
         
         
            | 
                
			 | 
                         (3)  assistance specifically designed for a school  | 
         
         
            | 
                
			 | 
            district or campus assigned an unacceptable performance rating  | 
         
         
            | 
                
			 | 
            under Section 39.054; | 
         
         
            | 
                
			 | 
                         (4)  training and assistance to teachers,  | 
         
         
            | 
                
			 | 
            administrators, members of district boards of trustees, and members  | 
         
         
            | 
                
			 | 
            of site-based decision-making committees; | 
         
         
            | 
                
			 | 
                         (5)  assistance specifically designed for a school  | 
         
         
            | 
                
			 | 
            district that is considered out of compliance with state or federal  | 
         
         
            | 
                
			 | 
            special education requirements, based on the agency's most recent  | 
         
         
            | 
                
			 | 
            compliance review of the district's special education programs; and | 
         
         
            | 
                
			 | 
                         (6)  assistance in complying with state laws and rules. | 
         
         
            | 
                
			 | 
                   SECTION 3.04.  Sections 28.025(c-7) and (c-8), Education  | 
         
         
            | 
                
			 | 
            Code, are amended to read as follows: | 
         
         
            | 
                
			 | 
                   (c-7)  Subject to Subsection (c-8), a student who is enrolled  | 
         
         
            | 
                
			 | 
            in a special education program under Subchapter A, Chapter 29, may  | 
         
         
            | 
                
			 | 
            earn the distinguished level of achievement under Subsection (b-15)  | 
         
         
            | 
                
			 | 
            or an endorsement on the student's transcript under Subsection  | 
         
         
            | 
                
			 | 
            (c-1) by: | 
         
         
            | 
                
			 | 
                         (1)  successfully completing, with or without  | 
         
         
            | 
                
			 | 
            modification of the curriculum: | 
         
         
            | 
                
			 | 
                               (A)  the curriculum requirements identified by  | 
         
         
            | 
                
			 | 
            the State Board of Education under Subsection (a); [and] | 
         
         
            | 
                
			 | 
                               (B)  for the distinguished level of achievement,  | 
         
         
            | 
                
			 | 
            the additional curriculum requirements prescribed under Subsection  | 
         
         
            | 
                
			 | 
            (b-15); and | 
         
         
            | 
                
			 | 
                               (C)  for an endorsement, the additional  | 
         
         
            | 
                
			 | 
            [endorsement] curriculum requirements prescribed by the State  | 
         
         
            | 
                
			 | 
            Board of Education under Subsection (c-2); and | 
         
         
            | 
                
			 | 
                         (2)  successfully completing all curriculum  | 
         
         
            | 
                
			 | 
            requirements for the distinguished level of achievement or that  | 
         
         
            | 
                
			 | 
            endorsement adopted by the State Board of Education: | 
         
         
            | 
                
			 | 
                               (A)  without modification of the curriculum; or | 
         
         
            | 
                
			 | 
                               (B)  with modification of the curriculum,  | 
         
         
            | 
                
			 | 
            provided that the curriculum, as modified, is sufficiently rigorous  | 
         
         
            | 
                
			 | 
            as determined by the student's admission, review, and dismissal  | 
         
         
            | 
                
			 | 
            committee and documented in the student's individualized education  | 
         
         
            | 
                
			 | 
            program. | 
         
         
            | 
                
			 | 
                   (c-8)  For purposes of Subsection (c-7), the admission,  | 
         
         
            | 
                
			 | 
            review, and dismissal committee of a student in a special education  | 
         
         
            | 
                
			 | 
            program under Subchapter A, Chapter 29, shall determine whether the  | 
         
         
            | 
                
			 | 
            student is required to achieve satisfactory performance on an  | 
         
         
            | 
                
			 | 
            end-of-course assessment instrument to earn the distinguished  | 
         
         
            | 
                
			 | 
            level of achievement or an endorsement on the student's transcript. | 
         
         
            | 
                
			 | 
                   SECTION 3.05.  Section 29.001, Education Code, is amended to  | 
         
         
            | 
                
			 | 
            read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 29.001.  IMPLEMENTATION OF SPECIAL EDUCATION  | 
         
         
            | 
                
			 | 
            LAW [STATEWIDE PLAN].  (a)  As the state education agency  | 
         
         
            | 
                
			 | 
            responsible for carrying out the purposes of Part B, Individuals  | 
         
         
            | 
                
			 | 
            with Disabilities Education Act (20 U.S.C. Section 1411 et seq.),  | 
         
         
            | 
                
			 | 
            the [The] agency shall develop, and revise [modify] as necessary, a  | 
         
         
            | 
                
			 | 
            comprehensive system to ensure statewide and local compliance | 
         
         
            | 
                
			 | 
            [design, consistent] with federal and state law related to special  | 
         
         
            | 
                
			 | 
            education[, for the delivery of services to children with  | 
         
         
            | 
                
			 | 
            disabilities in this state that includes rules for the  | 
         
         
            | 
                
			 | 
            administration and funding of the special education program so that  | 
         
         
            | 
                
			 | 
            a free appropriate public education is available to all of those  | 
         
         
            | 
                
			 | 
            children between the ages of three and 21]. | 
         
         
            | 
                
			 | 
                   (b)  The comprehensive system must [statewide design shall]  | 
         
         
            | 
                
			 | 
            include the provision of services primarily through school  | 
         
         
            | 
                
			 | 
            districts and shared services arrangements, supplemented by  | 
         
         
            | 
                
			 | 
            regional education service centers. | 
         
         
            | 
                
			 | 
                   (c)  The comprehensive system must focus on providing a free  | 
         
         
            | 
                
			 | 
            appropriate public education and maximizing student outcomes and  | 
         
         
            | 
                
			 | 
            include [agency shall also develop and implement a statewide plan  | 
         
         
            | 
                
			 | 
            with programmatic content that includes procedures designed to]: | 
         
         
            | 
                
			 | 
                         (1)  rulemaking, technical assistance, guidance  | 
         
         
            | 
                
			 | 
            documents, monitoring protocols, data elements necessary for  | 
         
         
            | 
                
			 | 
            statewide reporting, and other resources as necessary to implement  | 
         
         
            | 
                
			 | 
            and ensure compliance with federal and state law related to special  | 
         
         
            | 
                
			 | 
            education [ensure state compliance with requirements for  | 
         
         
            | 
                
			 | 
            supplemental federal funding for all state-administered programs  | 
         
         
            | 
                
			 | 
            involving the delivery of instructional or related services to  | 
         
         
            | 
                
			 | 
            students with disabilities]; | 
         
         
            | 
                
			 | 
                         (2)  the facilitation of [facilitate] interagency  | 
         
         
            | 
                
			 | 
            coordination when other state agencies are involved in the delivery  | 
         
         
            | 
                
			 | 
            of instructional or related services to students with disabilities; | 
         
         
            | 
                
			 | 
                         (3)  the pursuit of [periodically assess statewide  | 
         
         
            | 
                
			 | 
            personnel needs in all areas of specialization related to special  | 
         
         
            | 
                
			 | 
            education and pursue] strategies to meet statewide special  | 
         
         
            | 
                
			 | 
            education and related services personnel [those] needs [through a  | 
         
         
            | 
                
			 | 
            consortium of representatives from regional education service  | 
         
         
            | 
                
			 | 
            centers, local education agencies, and institutions of higher  | 
         
         
            | 
                
			 | 
            education and through other available alternatives]; | 
         
         
            | 
                
			 | 
                         (4)  ensuring [ensure] that regional education service  | 
         
         
            | 
                
			 | 
            centers throughout the state maintain a regional support function,  | 
         
         
            | 
                
			 | 
            which may include procedures for service centers to assist school  | 
         
         
            | 
                
			 | 
            districts in identifying existing public or private educational or  | 
         
         
            | 
                
			 | 
            related services in each region, cooperatively developing programs  | 
         
         
            | 
                
			 | 
            for students with disabilities, providing to or obtaining for  | 
         
         
            | 
                
			 | 
            school districts special equipment, delivering services, and  | 
         
         
            | 
                
			 | 
            facilitating [direct service delivery and a component designed to  | 
         
         
            | 
                
			 | 
            facilitate] the placement of students with disabilities who cannot  | 
         
         
            | 
                
			 | 
            be appropriately served in their resident districts; | 
         
         
            | 
                
			 | 
                         (5)  [allow the agency to] effectively monitoring | 
         
         
            | 
                
			 | 
            [monitor] and periodically conducting [conduct] site visits of all  | 
         
         
            | 
                
			 | 
            school districts to ensure that rules adopted under this subchapter | 
         
         
            | 
                
			 | 
            [section] are applied in a consistent and uniform manner, to ensure  | 
         
         
            | 
                
			 | 
            that districts are complying with those rules, and to ensure that  | 
         
         
            | 
                
			 | 
            annual statistical reports filed by the districts and not otherwise  | 
         
         
            | 
                
			 | 
            available through the Public Education Information Management  | 
         
         
            | 
                
			 | 
            System under Sections 48.008 and 48.009 are accurate and complete;  | 
         
         
            | 
                
			 | 
            and | 
         
         
            | 
                
			 | 
                         (6)  the provision of training and technical assistance  | 
         
         
            | 
                
			 | 
            to ensure that: | 
         
         
            | 
                
			 | 
                               (A)  appropriately trained personnel are involved  | 
         
         
            | 
                
			 | 
            in the diagnostic and evaluative procedures operating in all  | 
         
         
            | 
                
			 | 
            districts and that those personnel routinely serve on district  | 
         
         
            | 
                
			 | 
            multidisciplinary evaluation teams and admissions, review, and  | 
         
         
            | 
                
			 | 
            dismissal committees; | 
         
         
            | 
                
			 | 
                               (B)  [(7)  ensure that] an individualized  | 
         
         
            | 
                
			 | 
            education program for each student with a disability is properly  | 
         
         
            | 
                
			 | 
            developed, implemented, and maintained in the least restrictive  | 
         
         
            | 
                
			 | 
            environment that is appropriate to meet the student's educational  | 
         
         
            | 
                
			 | 
            needs; | 
         
         
            | 
                
			 | 
                               (C)  appropriately trained personnel are  | 
         
         
            | 
                
			 | 
            available to students with disabilities who have significant  | 
         
         
            | 
                
			 | 
            behavioral support needs, including by providing behavioral  | 
         
         
            | 
                
			 | 
            support training for a paraprofessional or teacher placed in a  | 
         
         
            | 
                
			 | 
            classroom or other setting that is intended to provide specialized  | 
         
         
            | 
                
			 | 
            behavioral supports to a student with a disability, as needed or at  | 
         
         
            | 
                
			 | 
            regular intervals as provided in the student's individualized  | 
         
         
            | 
                
			 | 
            education program; | 
         
         
            | 
                
			 | 
                               (D)  [(8)  ensure that,] when appropriate, each  | 
         
         
            | 
                
			 | 
            student with a disability is provided an opportunity to participate  | 
         
         
            | 
                
			 | 
            in career and technology and physical education classes[, in  | 
         
         
            | 
                
			 | 
            addition to participating in regular or special classes]; | 
         
         
            | 
                
			 | 
                               (E)  [(9)  ensure that] each student with a  | 
         
         
            | 
                
			 | 
            disability is provided necessary related services; | 
         
         
            | 
                
			 | 
                               (F)  school districts have an opportunity to  | 
         
         
            | 
                
			 | 
            request technical assistance from the agency or a regional  | 
         
         
            | 
                
			 | 
            education service center in establishing classroom environments  | 
         
         
            | 
                
			 | 
            conducive to learning for students with disabilities, including  | 
         
         
            | 
                
			 | 
            environments for students whose data indicate behavior that  | 
         
         
            | 
                
			 | 
            significantly impedes the student's own learning and the learning  | 
         
         
            | 
                
			 | 
            of other students; | 
         
         
            | 
                
			 | 
                               (G)  [(10)  ensure that] an individual assigned  | 
         
         
            | 
                
			 | 
            to act as a surrogate parent for a child with a disability, as  | 
         
         
            | 
                
			 | 
            provided by 20 U.S.C. Section 1415(b), is required to: | 
         
         
            | 
                
			 | 
                                     (i) [(A)]  complete a training program that  | 
         
         
            | 
                
			 | 
            complies with minimum standards established by agency rule; | 
         
         
            | 
                
			 | 
                                     (ii) [(B)]  visit the child and the child's  | 
         
         
            | 
                
			 | 
            school; | 
         
         
            | 
                
			 | 
                                     (iii) [(C)]  consult with persons involved  | 
         
         
            | 
                
			 | 
            in the child's education, including teachers, caseworkers,  | 
         
         
            | 
                
			 | 
            court-appointed volunteers, guardians ad litem, attorneys ad  | 
         
         
            | 
                
			 | 
            litem, foster parents, and caretakers; | 
         
         
            | 
                
			 | 
                                     (iv) [(D)]  review the child's educational  | 
         
         
            | 
                
			 | 
            records; | 
         
         
            | 
                
			 | 
                                     (v) [(E)]  attend meetings of the child's  | 
         
         
            | 
                
			 | 
            admission, review, and dismissal committee; | 
         
         
            | 
                
			 | 
                                     (vi) [(F)]  exercise independent judgment  | 
         
         
            | 
                
			 | 
            in pursuing the child's interests; and | 
         
         
            | 
                
			 | 
                                     (vii) [(G)]  exercise the child's due  | 
         
         
            | 
                
			 | 
            process rights under applicable state and federal law; and | 
         
         
            | 
                
			 | 
                               (H)  [(11)  ensure that] each district develops a  | 
         
         
            | 
                
			 | 
            process to be used by a teacher who instructs a student with a  | 
         
         
            | 
                
			 | 
            disability in a general education [regular] classroom setting: | 
         
         
            | 
                
			 | 
                                     (i) [(A)]  to request a review of the  | 
         
         
            | 
                
			 | 
            student's individualized education program; | 
         
         
            | 
                
			 | 
                                     (ii) [(B)]  to provide input in the  | 
         
         
            | 
                
			 | 
            development of the student's individualized education program; | 
         
         
            | 
                
			 | 
                                     (iii) [(C)]  that provides for a timely  | 
         
         
            | 
                
			 | 
            district response to the teacher's request; and | 
         
         
            | 
                
			 | 
                                     (iv) [(D)]  that provides for notification  | 
         
         
            | 
                
			 | 
            to the student's parent or legal guardian of that response. | 
         
         
            | 
                
			 | 
                   SECTION 3.06.  Subchapter A, Chapter 29, Education Code, is  | 
         
         
            | 
                
			 | 
            amended by adding Section 29.0012 to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 29.0012.  ANNUAL MEETING ON SPECIAL EDUCATION.  (a)  At  | 
         
         
            | 
                
			 | 
            least once each year, the board of trustees of a school district or  | 
         
         
            | 
                
			 | 
            the governing body of an open-enrollment charter school shall  | 
         
         
            | 
                
			 | 
            include during a public meeting a discussion of the performance of  | 
         
         
            | 
                
			 | 
            students receiving special education services at the district or  | 
         
         
            | 
                
			 | 
            school. | 
         
         
            | 
                
			 | 
                   (b)  The agency by rule shall adopt a set of performance  | 
         
         
            | 
                
			 | 
            indicators for measuring and evaluating the quality of learning and  | 
         
         
            | 
                
			 | 
            achievement for students receiving special education services at  | 
         
         
            | 
                
			 | 
            the school district or open-enrollment charter school to be  | 
         
         
            | 
                
			 | 
            considered at a meeting held under this section.  The indicators  | 
         
         
            | 
                
			 | 
            must include performance on the college, career, or military  | 
         
         
            | 
                
			 | 
            readiness outcomes described by Section 48.110. | 
         
         
            | 
                
			 | 
                   SECTION 3.07.  Section 29.003, Education Code, is amended to  | 
         
         
            | 
                
			 | 
            read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 29.003.  ELIGIBILITY CRITERIA.  (a)  The agency shall  | 
         
         
            | 
                
			 | 
            develop specific eligibility criteria based on the general  | 
         
         
            | 
                
			 | 
            classifications established by this section and in accordance with  | 
         
         
            | 
                
			 | 
            federal law [with reference to contemporary diagnostic or  | 
         
         
            | 
                
			 | 
            evaluative terminologies and techniques].  Eligible students with  | 
         
         
            | 
                
			 | 
            disabilities shall enjoy the right to a free appropriate public  | 
         
         
            | 
                
			 | 
            education, which may include instruction in the general education  | 
         
         
            | 
                
			 | 
            [regular] classroom, instruction through special teaching, or  | 
         
         
            | 
                
			 | 
            instruction through contracts approved under this subchapter.   | 
         
         
            | 
                
			 | 
            Instruction shall be supplemented by the provision of related  | 
         
         
            | 
                
			 | 
            services when appropriate. | 
         
         
            | 
                
			 | 
                   (b)  A student is eligible to participate in a school  | 
         
         
            | 
                
			 | 
            district's special education program [if the student]: | 
         
         
            | 
                
			 | 
                         (1)  from birth through [is not more than] 21 years of  | 
         
         
            | 
                
			 | 
            age if the student [and] has a visual [or auditory] impairment, is  | 
         
         
            | 
                
			 | 
            deaf or hard of hearing, or is deaf-blind and that disability | 
         
         
            | 
                
			 | 
            prevents the student from being adequately or safely educated in  | 
         
         
            | 
                
			 | 
            public school without the provision of special education services;  | 
         
         
            | 
                
			 | 
            [or] | 
         
         
            | 
                
			 | 
                         (2)  from three years of age through nine years of age  | 
         
         
            | 
                
			 | 
            if the student is experiencing developmental delays as described by  | 
         
         
            | 
                
			 | 
            20 U.S.C. Section 1401(3)(B) and defined by commissioner rule; or | 
         
         
            | 
                
			 | 
                         (3)  from 3 years of age through [is at least three but  | 
         
         
            | 
                
			 | 
            not more than] 21 years of age if the student [and] has one or more  | 
         
         
            | 
                
			 | 
            of the [following] disabilities described by 20 U.S.C. Section  | 
         
         
            | 
                
			 | 
            1401(3)(A) and that disability prevents the student from being  | 
         
         
            | 
                
			 | 
            adequately or safely educated in public school without the  | 
         
         
            | 
                
			 | 
            provision of special education services[: | 
         
         
            | 
                
			 | 
                               [(A)  physical disability; | 
         
         
            | 
                
			 | 
                               [(B)  intellectual or developmental disability; | 
         
         
            | 
                
			 | 
                               [(C)  emotional disturbance; | 
         
         
            | 
                
			 | 
                               [(D)  learning disability; | 
         
         
            | 
                
			 | 
                               [(E)  autism; | 
         
         
            | 
                
			 | 
                               [(F)  speech disability; or | 
         
         
            | 
                
			 | 
                               [(G)  traumatic brain injury]. | 
         
         
            | 
                
			 | 
                   SECTION 3.08.  Sections 29.005(a), (d), and (e), Education  | 
         
         
            | 
                
			 | 
            Code, are amended to read as follows: | 
         
         
            | 
                
			 | 
                   (a)  Before a child is enrolled in a special education  | 
         
         
            | 
                
			 | 
            program of a school district, the district shall establish a  | 
         
         
            | 
                
			 | 
            committee composed of the persons required under 20 U.S.C. Section  | 
         
         
            | 
                
			 | 
            1414(d) to develop the child's individualized education program.   | 
         
         
            | 
                
			 | 
            If a committee is required to include a general [regular] education  | 
         
         
            | 
                
			 | 
            teacher, the [regular education] teacher included must, to the  | 
         
         
            | 
                
			 | 
            extent practicable, be a teacher who is responsible for  | 
         
         
            | 
                
			 | 
            implementing a portion of the child's individualized education  | 
         
         
            | 
                
			 | 
            program. | 
         
         
            | 
                
			 | 
                   (d)  If the primary language of the child's parent is a  | 
         
         
            | 
                
			 | 
            language other than [is unable to speak] English, the district  | 
         
         
            | 
                
			 | 
            shall: | 
         
         
            | 
                
			 | 
                         (1)  provide the parent with a written or audiotaped  | 
         
         
            | 
                
			 | 
            copy of the child's individualized education program translated  | 
         
         
            | 
                
			 | 
            into Spanish if Spanish is the parent's primary [native] language;  | 
         
         
            | 
                
			 | 
            or | 
         
         
            | 
                
			 | 
                         (2)  if the parent's primary [native] language is a  | 
         
         
            | 
                
			 | 
            language other than Spanish, make a good faith effort to provide the  | 
         
         
            | 
                
			 | 
            parent with a written or audiotaped copy of the child's  | 
         
         
            | 
                
			 | 
            individualized education program translated into the parent's  | 
         
         
            | 
                
			 | 
            primary [native] language. | 
         
         
            | 
                
			 | 
                   (e)  The commissioner by rule may require a school district  | 
         
         
            | 
                
			 | 
            to include in the individualized education program of a student  | 
         
         
            | 
                
			 | 
            with autism [or another pervasive developmental disorder] any  | 
         
         
            | 
                
			 | 
            information or requirement determined necessary to ensure the  | 
         
         
            | 
                
			 | 
            student receives a free appropriate public education as required  | 
         
         
            | 
                
			 | 
            under the Individuals with Disabilities Education Act (20 U.S.C.  | 
         
         
            | 
                
			 | 
            Section 1400 et seq.). | 
         
         
            | 
                
			 | 
                   SECTION 3.09.  Section 29.0051, Education Code, is amended  | 
         
         
            | 
                
			 | 
            by adding Subsection (d) to read as follows: | 
         
         
            | 
                
			 | 
                   (d)  From federal money available for the purpose, the  | 
         
         
            | 
                
			 | 
            commissioner may develop or procure the model form developed under  | 
         
         
            | 
                
			 | 
            Subsection (a) in a digital format.  If the commissioner develops or  | 
         
         
            | 
                
			 | 
            procures the model form in a digital format, the commissioner shall  | 
         
         
            | 
                
			 | 
            adopt rules regarding school district use of the form in that  | 
         
         
            | 
                
			 | 
            format. | 
         
         
            | 
                
			 | 
                   SECTION 3.10.  Subchapter A, Chapter 29, Education Code, is  | 
         
         
            | 
                
			 | 
            amended by adding Section 29.0056 to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 29.0056.  INFORMATION ON COMMUNITY-BASED SUPPORTS AND  | 
         
         
            | 
                
			 | 
            RESIDENTIAL OPTIONS. (a) In this section, "state supported living  | 
         
         
            | 
                
			 | 
            center" has the meaning assigned by Section 531.002, Health and  | 
         
         
            | 
                
			 | 
            Safety Code. | 
         
         
            | 
                
			 | 
                   (b)  The Health and Human Services Commission, in  | 
         
         
            | 
                
			 | 
            collaboration with the agency and stakeholders, shall develop and  | 
         
         
            | 
                
			 | 
            provide to the agency materials regarding residential options and  | 
         
         
            | 
                
			 | 
            supports for children who may qualify for home and community-based  | 
         
         
            | 
                
			 | 
            supports or a residential placement. The agency shall make the  | 
         
         
            | 
                
			 | 
            materials developed under this subsection available to school  | 
         
         
            | 
                
			 | 
            districts. | 
         
         
            | 
                
			 | 
                   (c)  The materials must include information regarding: | 
         
         
            | 
                
			 | 
                         (1)  the local intellectual and developmental  | 
         
         
            | 
                
			 | 
            disability authority; and | 
         
         
            | 
                
			 | 
                         (2)  community-based supports and residential options,  | 
         
         
            | 
                
			 | 
            including: | 
         
         
            | 
                
			 | 
                               (A)  the following waiver programs established  | 
         
         
            | 
                
			 | 
            under Section 1915(c), Social Security Act (42 U.S.C. Section  | 
         
         
            | 
                
			 | 
            1396n(c)): | 
         
         
            | 
                
			 | 
                                     (i)  the youth empowerment services program; | 
         
         
            | 
                
			 | 
                                     (ii)  the home and community-based services  | 
         
         
            | 
                
			 | 
            program; | 
         
         
            | 
                
			 | 
                                     (iii)  the Texas home living program; | 
         
         
            | 
                
			 | 
                                     (iv)  the community living assistance and  | 
         
         
            | 
                
			 | 
            support services program; and | 
         
         
            | 
                
			 | 
                                     (v)  the deaf-blind with multiple  | 
         
         
            | 
                
			 | 
            disabilities program; | 
         
         
            | 
                
			 | 
                               (B)  the Medicaid program serving individuals  | 
         
         
            | 
                
			 | 
            with an intellectual or developmental disability who receive care  | 
         
         
            | 
                
			 | 
            in intermediate care facilities other than a state supported living  | 
         
         
            | 
                
			 | 
            center; and | 
         
         
            | 
                
			 | 
                               (C)  state supported living centers. | 
         
         
            | 
                
			 | 
                   (d)  A school district shall include the materials developed  | 
         
         
            | 
                
			 | 
            under Subsection (b) in the notice of procedural safeguards under  | 
         
         
            | 
                
			 | 
            20 U.S.C. Section 1415(b). | 
         
         
            | 
                
			 | 
                   SECTION 3.11.  Sections 29.006(a) and (c), Education Code,  | 
         
         
            | 
                
			 | 
            are amended to read as follows: | 
         
         
            | 
                
			 | 
                   (a)  The governor shall appoint a continuing advisory  | 
         
         
            | 
                
			 | 
            committee consistent with [, composed of 17 members, under] 20  | 
         
         
            | 
                
			 | 
            U.S.C. Section 1412(a)(21).  At least one member appointed under  | 
         
         
            | 
                
			 | 
            this subsection must be a director of special education programs  | 
         
         
            | 
                
			 | 
            for a school district. | 
         
         
            | 
                
			 | 
                   (c)  Members of the committee are appointed for staggered  | 
         
         
            | 
                
			 | 
            terms of four years with the terms of half of the [eight or nine]  | 
         
         
            | 
                
			 | 
            members or, for an odd number of members, half of the members  | 
         
         
            | 
                
			 | 
            rounded down or half of the members rounded up expiring on February  | 
         
         
            | 
                
			 | 
            1 of each odd-numbered year. | 
         
         
            | 
                
			 | 
                   SECTION 3.12.  Section 29.008, Education Code, is amended to  | 
         
         
            | 
                
			 | 
            read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 29.008.  CONTRACTS FOR SERVICES; RESIDENTIAL AND DAY | 
         
         
            | 
                
			 | 
            PLACEMENT PROGRAMS.  (a)  The commissioner shall set minimum  | 
         
         
            | 
                
			 | 
            standards for and develop and update as necessary a list of approved  | 
         
         
            | 
                
			 | 
            public or private facilities, institutions, agencies, or  | 
         
         
            | 
                
			 | 
            businesses inside or outside of this state that a [A] school  | 
         
         
            | 
                
			 | 
            district, shared services arrangement unit, or regional education  | 
         
         
            | 
                
			 | 
            service center may contract with [a public or private facility,  | 
         
         
            | 
                
			 | 
            institution, or agency inside or outside of this state] for the  | 
         
         
            | 
                
			 | 
            provision of services to students with disabilities in a  | 
         
         
            | 
                
			 | 
            residential or day placement program. | 
         
         
            | 
                
			 | 
                   (a-1)  [Each contract for residential placement must be  | 
         
         
            | 
                
			 | 
            approved by the commissioner.]  The commissioner may approve a  | 
         
         
            | 
                
			 | 
            facility, institution, agency, or business under Subsection (a)  | 
         
         
            | 
                
			 | 
            [residential placement contract] only after at least a programmatic  | 
         
         
            | 
                
			 | 
            evaluation of personnel qualifications, costs, adequacy of  | 
         
         
            | 
                
			 | 
            physical plant and equipment, and curriculum content.  [The  | 
         
         
            | 
                
			 | 
            commissioner may approve either the whole or a part of a facility or  | 
         
         
            | 
                
			 | 
            program.] | 
         
         
            | 
                
			 | 
                   (a-2)  Each contract described by this section must be  | 
         
         
            | 
                
			 | 
            approved by the commissioner.  A school district, shared services  | 
         
         
            | 
                
			 | 
            arrangement unit, or regional education service center seeking to  | 
         
         
            | 
                
			 | 
            place a student in a residential or day placement program that is  | 
         
         
            | 
                
			 | 
            not on the list developed under Subsection (a) must submit to the  | 
         
         
            | 
                
			 | 
            commissioner an application for approval in accordance with  | 
         
         
            | 
                
			 | 
            Subsections (a) and (a-1). | 
         
         
            | 
                
			 | 
                   (b)  Except as provided by Subsection (c), costs of an  | 
         
         
            | 
                
			 | 
            approved contract for residential placement may be paid from a  | 
         
         
            | 
                
			 | 
            combination of federal, state, and local funds.  The local share of  | 
         
         
            | 
                
			 | 
            the total contract cost for each student is that portion of the  | 
         
         
            | 
                
			 | 
            local tax effort that exceeds the district's local fund assignment  | 
         
         
            | 
                
			 | 
            under Section 48.256, divided by the average daily attendance in  | 
         
         
            | 
                
			 | 
            the district.  If the contract involves a private facility, the  | 
         
         
            | 
                
			 | 
            state share of the total contract cost is that amount remaining  | 
         
         
            | 
                
			 | 
            after subtracting the local share.  If the contract involves a  | 
         
         
            | 
                
			 | 
            public facility, the state share is that amount remaining after  | 
         
         
            | 
                
			 | 
            subtracting the local share from the portion of the contract that  | 
         
         
            | 
                
			 | 
            involves the costs of instructional and related services.  For  | 
         
         
            | 
                
			 | 
            purposes of this subsection, "local tax effort" means the total  | 
         
         
            | 
                
			 | 
            amount of money generated by taxes imposed for debt service and  | 
         
         
            | 
                
			 | 
            maintenance and operation less any amounts paid into a tax  | 
         
         
            | 
                
			 | 
            increment fund under Chapter 311, Tax Code.  This subsection  | 
         
         
            | 
                
			 | 
            expires September 1, 2027. | 
         
         
            | 
                
			 | 
                   (c)  When a student, including one for whom the state is  | 
         
         
            | 
                
			 | 
            managing conservator, is placed primarily for care or treatment  | 
         
         
            | 
                
			 | 
            reasons in a private [residential] facility that operates its own  | 
         
         
            | 
                
			 | 
            private education program, none of the costs may be paid from public  | 
         
         
            | 
                
			 | 
            education funds.  If a [residential] placement primarily for care  | 
         
         
            | 
                
			 | 
            or treatment reasons involves a private [residential] facility in  | 
         
         
            | 
                
			 | 
            which the education program is provided by the school district, the  | 
         
         
            | 
                
			 | 
            portion of the costs that includes appropriate education services,  | 
         
         
            | 
                
			 | 
            as determined by the school district's admission, review, and  | 
         
         
            | 
                
			 | 
            dismissal committee, shall be paid from state and federal education  | 
         
         
            | 
                
			 | 
            funds. | 
         
         
            | 
                
			 | 
                   (d)  A district that contracts for the provision of education  | 
         
         
            | 
                
			 | 
            services rather than providing the services itself shall oversee  | 
         
         
            | 
                
			 | 
            the implementation of the student's individualized education  | 
         
         
            | 
                
			 | 
            program and shall annually reevaluate the appropriateness of the  | 
         
         
            | 
                
			 | 
            arrangement.  The reevaluation must include standards and  | 
         
         
            | 
                
			 | 
            expectations that the student would need to meet to be reintegrated  | 
         
         
            | 
                
			 | 
            to a regular school setting.  An approved facility, institution,  | 
         
         
            | 
                
			 | 
            [or] agency, or business with whom the district contracts shall  | 
         
         
            | 
                
			 | 
            periodically report to the district and the agency on the services  | 
         
         
            | 
                
			 | 
            the student has received or will receive in accordance with the  | 
         
         
            | 
                
			 | 
            contract as well as diagnostic or other evaluative information that  | 
         
         
            | 
                
			 | 
            the district or agency requires in order to fulfill its obligations  | 
         
         
            | 
                
			 | 
            under this subchapter. | 
         
         
            | 
                
			 | 
                   (e)  The commissioner shall adopt rules for residential and  | 
         
         
            | 
                
			 | 
            day placement of students receiving special education services. | 
         
         
            | 
                
			 | 
                   SECTION 3.13.  The heading to Section 29.009, Education  | 
         
         
            | 
                
			 | 
            Code, is amended to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 29.009.  PUBLIC NOTICE CONCERNING EARLY CHILDHOOD  | 
         
         
            | 
                
			 | 
            SPECIAL EDUCATION [PRESCHOOL] PROGRAMS [FOR STUDENTS WITH  | 
         
         
            | 
                
			 | 
            DISABILITIES]. | 
         
         
            | 
                
			 | 
                   SECTION 3.14.  Section 29.010, Education Code, is amended to  | 
         
         
            | 
                
			 | 
            read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 29.010.  GENERAL SUPERVISION AND COMPLIANCE.  (a)  The  | 
         
         
            | 
                
			 | 
            agency shall develop [adopt] and implement a comprehensive system  | 
         
         
            | 
                
			 | 
            for monitoring school district compliance with federal and state  | 
         
         
            | 
                
			 | 
            laws relating to special education.  The monitoring system must  | 
         
         
            | 
                
			 | 
            include a comprehensive cyclical process and a targeted risk-based  | 
         
         
            | 
                
			 | 
            process [provide for ongoing analysis of district special education  | 
         
         
            | 
                
			 | 
            data and of complaints filed with the agency concerning special  | 
         
         
            | 
                
			 | 
            education services and for inspections of school districts at  | 
         
         
            | 
                
			 | 
            district facilities].  The agency shall establish criteria and  | 
         
         
            | 
                
			 | 
            instruments for use in determining district compliance under this  | 
         
         
            | 
                
			 | 
            section [use the information obtained through analysis of district  | 
         
         
            | 
                
			 | 
            data and from the complaints management system to determine the  | 
         
         
            | 
                
			 | 
            appropriate schedule for and extent of the inspection]. | 
         
         
            | 
                
			 | 
                   (a-1)  As part of the monitoring system, the agency may  | 
         
         
            | 
                
			 | 
            require a school district to obtain specialized technical  | 
         
         
            | 
                
			 | 
            assistance for a documented noncompliance issue or if data  | 
         
         
            | 
                
			 | 
            indicates that technical assistance is needed, such as an incident  | 
         
         
            | 
                
			 | 
            involving injury to staff or students by a student receiving  | 
         
         
            | 
                
			 | 
            special education services or data indicating an excessive number  | 
         
         
            | 
                
			 | 
            of restraints are used on students receiving special education  | 
         
         
            | 
                
			 | 
            services. | 
         
         
            | 
                
			 | 
                   (b)  As part of the monitoring process [To complete the  | 
         
         
            | 
                
			 | 
            inspection], the agency must obtain information from parents and  | 
         
         
            | 
                
			 | 
            teachers of students in special education programs in the district. | 
         
         
            | 
                
			 | 
                   (c)  The agency shall develop and implement a system of  | 
         
         
            | 
                
			 | 
            interventions and sanctions for school districts the agency  | 
         
         
            | 
                
			 | 
            identifies as being in noncompliance with [whose most recent  | 
         
         
            | 
                
			 | 
            monitoring visit shows a failure to comply with major requirements  | 
         
         
            | 
                
			 | 
            of] the Individuals with Disabilities Education Act (20 U.S.C.  | 
         
         
            | 
                
			 | 
            Section 1400 et seq.), federal regulations, state statutes, or  | 
         
         
            | 
                
			 | 
            agency requirements necessary to carry out federal law or  | 
         
         
            | 
                
			 | 
            regulations or state law relating to special education. | 
         
         
            | 
                
			 | 
                   (d)  The agency shall establish a system of progressive  | 
         
         
            | 
                
			 | 
            sanctions and enforcement provisions to apply to [For] districts  | 
         
         
            | 
                
			 | 
            that remain in noncompliance for more than one year[, the first  | 
         
         
            | 
                
			 | 
            stage of sanctions shall begin with annual or more frequent  | 
         
         
            | 
                
			 | 
            monitoring visits].  The [Subsequent] sanctions must [may] range in  | 
         
         
            | 
                
			 | 
            severity and may include [up to] the withholding of funds.  If funds  | 
         
         
            | 
                
			 | 
            are withheld, the agency may use the funds, or direct the funds to  | 
         
         
            | 
                
			 | 
            be used, to provide, through alternative arrangements, services to  | 
         
         
            | 
                
			 | 
            students and staff members in the district from which the funds are  | 
         
         
            | 
                
			 | 
            withheld. | 
         
         
            | 
                
			 | 
                   (e)  The agency's complaint management division shall  | 
         
         
            | 
                
			 | 
            develop a system for expedited investigation and resolution of  | 
         
         
            | 
                
			 | 
            complaints concerning a district's failure to provide special  | 
         
         
            | 
                
			 | 
            education or related services to a student eligible to participate  | 
         
         
            | 
                
			 | 
            in the district's special education program. | 
         
         
            | 
                
			 | 
                   [(f)  This section does not create an obligation for or  | 
         
         
            | 
                
			 | 
            impose a requirement on a school district or open-enrollment  | 
         
         
            | 
                
			 | 
            charter school that is not also created or imposed under another  | 
         
         
            | 
                
			 | 
            state law or a federal law.] | 
         
         
            | 
                
			 | 
                   SECTION 3.15.  Section 29.012(d), Education Code, is amended  | 
         
         
            | 
                
			 | 
            to read as follows: | 
         
         
            | 
                
			 | 
                   (d)  The Texas Education Agency, the Health and Human  | 
         
         
            | 
                
			 | 
            Services Commission, the Department of Family and Protective  | 
         
         
            | 
                
			 | 
            Services, and the Texas Juvenile Justice Department by a  | 
         
         
            | 
                
			 | 
            cooperative effort shall develop and [by rule] adopt a memorandum  | 
         
         
            | 
                
			 | 
            of understanding.  The memorandum must: | 
         
         
            | 
                
			 | 
                         (1)  establish the respective responsibilities of  | 
         
         
            | 
                
			 | 
            school districts and of residential facilities for the provision of  | 
         
         
            | 
                
			 | 
            a free, appropriate public education, as required by the  | 
         
         
            | 
                
			 | 
            Individuals with Disabilities Education Act (20 U.S.C. Section 1400  | 
         
         
            | 
                
			 | 
            et seq.) and its subsequent amendments, including each requirement  | 
         
         
            | 
                
			 | 
            for children with disabilities who reside in those facilities; | 
         
         
            | 
                
			 | 
                         (2)  coordinate regulatory and planning functions of  | 
         
         
            | 
                
			 | 
            the parties to the memorandum; | 
         
         
            | 
                
			 | 
                         (3)  establish criteria for determining when a public  | 
         
         
            | 
                
			 | 
            school will provide educational services; | 
         
         
            | 
                
			 | 
                         (4)  provide for appropriate educational space when  | 
         
         
            | 
                
			 | 
            education services will be provided at the residential facility; | 
         
         
            | 
                
			 | 
                         (5)  establish measures designed to ensure the safety  | 
         
         
            | 
                
			 | 
            of students and teachers; and | 
         
         
            | 
                
			 | 
                         (6)  provide for binding arbitration consistent with  | 
         
         
            | 
                
			 | 
            Chapter 2009, Government Code, and Section 154.027, Civil Practice  | 
         
         
            | 
                
			 | 
            and Remedies Code. | 
         
         
            | 
                
			 | 
                   SECTION 3.16.  Section 29.013, Education Code, is amended to  | 
         
         
            | 
                
			 | 
            read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 29.013.  NONEDUCATIONAL COMMUNITY-BASED SUPPORT  | 
         
         
            | 
                
			 | 
            SERVICES GRANTS FOR CERTAIN STUDENTS WITH DISABILITIES.  (a)  The  | 
         
         
            | 
                
			 | 
            commissioner [agency] shall adopt rules establishing [establish]  | 
         
         
            | 
                
			 | 
            procedures and criteria for the allocation of grants [funds  | 
         
         
            | 
                
			 | 
            appropriated] under this section, using money appropriated or  | 
         
         
            | 
                
			 | 
            otherwise available for the purpose, to students who are eligible  | 
         
         
            | 
                
			 | 
            under Subsection (b) and the students' families [school districts]  | 
         
         
            | 
                
			 | 
            for the provision of noneducational community-based support  | 
         
         
            | 
                
			 | 
            services [to certain students with disabilities and their families  | 
         
         
            | 
                
			 | 
            so that those students may receive an appropriate free public  | 
         
         
            | 
                
			 | 
            education in the least restrictive environment]. | 
         
         
            | 
                
			 | 
                   (b)  A grant [The funds] may be awarded under this section | 
         
         
            | 
                
			 | 
            [used] only to a student with a disability [for eligible students  | 
         
         
            | 
                
			 | 
            with disabilities] who is [would remain or would have to be] placed  | 
         
         
            | 
                
			 | 
            by the student's admission, review, and dismissal committee in: | 
         
         
            | 
                
			 | 
                         (1)  a residential program approved under Section  | 
         
         
            | 
                
			 | 
            29.008; or | 
         
         
            | 
                
			 | 
                         (2)  a day placement program and is at risk of being  | 
         
         
            | 
                
			 | 
            placed in a residential program approved under Section 29.008 | 
         
         
            | 
                
			 | 
            [facilities primarily for educational reasons without the  | 
         
         
            | 
                
			 | 
            provision of noneducational community-based support services]. | 
         
         
            | 
                
			 | 
                   (c)  The support services may not be related to the provision  | 
         
         
            | 
                
			 | 
            of a free appropriate public education to the student and may  | 
         
         
            | 
                
			 | 
            include in-home family support, behavioral and other  | 
         
         
            | 
                
			 | 
            disability-related supports for the student's family, respite  | 
         
         
            | 
                
			 | 
            care, and case management for the student's family [families with a  | 
         
         
            | 
                
			 | 
            student who otherwise would have been placed by a district in a  | 
         
         
            | 
                
			 | 
            private residential facility]. | 
         
         
            | 
                
			 | 
                   (d)  A school district shall: | 
         
         
            | 
                
			 | 
                         (1)  notify the parent of a student described by  | 
         
         
            | 
                
			 | 
            Subsection (b) of the availability of grants under this section;  | 
         
         
            | 
                
			 | 
            and | 
         
         
            | 
                
			 | 
                         (2)  designate a campus or district staff member to  | 
         
         
            | 
                
			 | 
            assist families of students described by Subsection (b) in  | 
         
         
            | 
                
			 | 
            accessing grants under this section. | 
         
         
            | 
                
			 | 
                   (e)  On request by the parent of a student described by  | 
         
         
            | 
                
			 | 
            Subsection (b), the commissioner shall create an account for the  | 
         
         
            | 
                
			 | 
            student to access a grant under this section through which the  | 
         
         
            | 
                
			 | 
            parent may request payment for approved support services. | 
         
         
            | 
                
			 | 
                   (f)  In adopting rules under this section, the commissioner  | 
         
         
            | 
                
			 | 
            shall adopt rules and guidelines detailing the process to access  | 
         
         
            | 
                
			 | 
            grant money and the amount of each grant, including a process for a  | 
         
         
            | 
                
			 | 
            parent to apply for an increase in the grant amount. | 
         
         
            | 
                
			 | 
                   (g)  The provision of services under this section does not  | 
         
         
            | 
                
			 | 
            supersede or limit the responsibility of a school district or other  | 
         
         
            | 
                
			 | 
            agencies to provide or pay for costs [of noneducational  | 
         
         
            | 
                
			 | 
            community-based support services] to enable any student with  | 
         
         
            | 
                
			 | 
            disabilities to receive a free appropriate public education in the  | 
         
         
            | 
                
			 | 
            least restrictive environment.  [Specifically, services provided  | 
         
         
            | 
                
			 | 
            under this section may not be used for a student with disabilities  | 
         
         
            | 
                
			 | 
            who is currently placed or who needs to be placed in a residential  | 
         
         
            | 
                
			 | 
            facility primarily for noneducational reasons.] | 
         
         
            | 
                
			 | 
                   (h)  The commissioner may designate a regional education  | 
         
         
            | 
                
			 | 
            service center to administer grants under this section. | 
         
         
            | 
                
			 | 
                   SECTION 3.17.  Sections 29.014(c) and (d), Education Code,  | 
         
         
            | 
                
			 | 
            are amended to read as follows: | 
         
         
            | 
                
			 | 
                   (c)  Notwithstanding any other provision of this code, a  | 
         
         
            | 
                
			 | 
            student whose appropriate education program is a general [regular]  | 
         
         
            | 
                
			 | 
            education program may receive services and be counted for  | 
         
         
            | 
                
			 | 
            attendance purposes for the number of hours per week appropriate  | 
         
         
            | 
                
			 | 
            for the student's condition if the student: | 
         
         
            | 
                
			 | 
                         (1)  is temporarily classified as eligible for  | 
         
         
            | 
                
			 | 
            participation in a special education program because of the  | 
         
         
            | 
                
			 | 
            student's confinement in a hospital; and | 
         
         
            | 
                
			 | 
                         (2)  the student's education is provided by a district  | 
         
         
            | 
                
			 | 
            to which this section applies. | 
         
         
            | 
                
			 | 
                   (d)  The basic allotment for a student enrolled in a district  | 
         
         
            | 
                
			 | 
            to which this section applies is adjusted by the tier of intensity  | 
         
         
            | 
                
			 | 
            of service defined in accordance with [weight for a homebound  | 
         
         
            | 
                
			 | 
            student under] Section 48.102 and designated by commissioner rule  | 
         
         
            | 
                
			 | 
            for use under this section [48.102(a)]. | 
         
         
            | 
                
			 | 
                   SECTION 3.18.  Section 29.0162(b), Education Code, is  | 
         
         
            | 
                
			 | 
            amended to read as follows: | 
         
         
            | 
                
			 | 
                   (b)  The commissioner by rule shall adopt additional  | 
         
         
            | 
                
			 | 
            qualifications and requirements for a representative for purposes  | 
         
         
            | 
                
			 | 
            of Subsection (a)(2).  The rules must: | 
         
         
            | 
                
			 | 
                         (1)  prohibit an individual from being a representative  | 
         
         
            | 
                
			 | 
            under Subsection (a)(2) opposing a school district if: | 
         
         
            | 
                
			 | 
                               (A)  the individual has prior employment  | 
         
         
            | 
                
			 | 
            experience with the district; and | 
         
         
            | 
                
			 | 
                               (B)  the district raises an objection to the  | 
         
         
            | 
                
			 | 
            individual serving as a representative; | 
         
         
            | 
                
			 | 
                         (2)  include requirements that the representative have  | 
         
         
            | 
                
			 | 
            knowledge of: | 
         
         
            | 
                
			 | 
                               (A)  all special education dispute resolution  | 
         
         
            | 
                
			 | 
            options available to parents, including due process and due process | 
         
         
            | 
                
			 | 
            rules, hearings, and procedure; and | 
         
         
            | 
                
			 | 
                               (B)  federal and state special education laws; | 
         
         
            | 
                
			 | 
                         (3)  require, if the representative receives monetary  | 
         
         
            | 
                
			 | 
            compensation from a person for representation in an impartial due  | 
         
         
            | 
                
			 | 
            process hearing, that the representative agree to abide by a  | 
         
         
            | 
                
			 | 
            voluntary code of ethics and professional conduct during the period  | 
         
         
            | 
                
			 | 
            of representation; and | 
         
         
            | 
                
			 | 
                         (4)  require, if the representative receives monetary  | 
         
         
            | 
                
			 | 
            compensation from a person for representation in an impartial due  | 
         
         
            | 
                
			 | 
            process hearing, that the representative enter into a written  | 
         
         
            | 
                
			 | 
            agreement for representation with the person who is the subject of  | 
         
         
            | 
                
			 | 
            the special education due process hearing that includes a process  | 
         
         
            | 
                
			 | 
            for resolving any disputes between the representative and the  | 
         
         
            | 
                
			 | 
            person. | 
         
         
            | 
                
			 | 
                   SECTION 3.19.  Section 29.018(b), Education Code, is amended  | 
         
         
            | 
                
			 | 
            to read as follows: | 
         
         
            | 
                
			 | 
                   (b)  A school district is eligible to apply for a grant under  | 
         
         
            | 
                
			 | 
            this section if: | 
         
         
            | 
                
			 | 
                         (1)  the district does not receive sufficient funds,  | 
         
         
            | 
                
			 | 
            including state funds provided under Sections [Section] 48.102 and  | 
         
         
            | 
                
			 | 
            48.1021 and federal funds, for a student with disabilities to pay  | 
         
         
            | 
                
			 | 
            for the special education services provided to the student; or | 
         
         
            | 
                
			 | 
                         (2)  the district does not receive sufficient funds,  | 
         
         
            | 
                
			 | 
            including state funds provided under Sections [Section] 48.102 and  | 
         
         
            | 
                
			 | 
            48.1021 and federal funds, for all students with disabilities in  | 
         
         
            | 
                
			 | 
            the district to pay for the special education services provided to  | 
         
         
            | 
                
			 | 
            the students. | 
         
         
            | 
                
			 | 
                   SECTION 3.20.  The heading to Section 29.020, Education  | 
         
         
            | 
                
			 | 
            Code, is amended to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 29.020.  STATE-ADMINISTERED INDIVIDUALIZED EDUCATION  | 
         
         
            | 
                
			 | 
            PROGRAM FACILITATION [PROJECT]. | 
         
         
            | 
                
			 | 
                   SECTION 3.21.  Sections 29.020(a) and (c), Education Code,  | 
         
         
            | 
                
			 | 
            are amended to read as follows: | 
         
         
            | 
                
			 | 
                   (a)  The agency shall develop rules in accordance with this  | 
         
         
            | 
                
			 | 
            section applicable to state-administered [the administration of a  | 
         
         
            | 
                
			 | 
            state] individualized education program facilitation [project].   | 
         
         
            | 
                
			 | 
            The program shall include the provision of an independent  | 
         
         
            | 
                
			 | 
            individualized education program facilitator as a dispute  | 
         
         
            | 
                
			 | 
            resolution method that may be used to avoid a potential dispute  | 
         
         
            | 
                
			 | 
            between a school district and a parent of a student with a  | 
         
         
            | 
                
			 | 
            disability or to facilitate an admission, review, and dismissal  | 
         
         
            | 
                
			 | 
            committee meeting with parties who are in a dispute about decisions  | 
         
         
            | 
                
			 | 
            relating to the provision of a free appropriate public education to  | 
         
         
            | 
                
			 | 
            a student with a disability.  Facilitation [implemented under the  | 
         
         
            | 
                
			 | 
            project] must comply with rules developed under this subsection. | 
         
         
            | 
                
			 | 
                   (c)  If the commissioner determines that adequate funding is  | 
         
         
            | 
                
			 | 
            available, the commissioner may authorize the use of federal funds  | 
         
         
            | 
                
			 | 
            to implement [the] individualized education program facilitation  | 
         
         
            | 
                
			 | 
            [project] in accordance with this section. | 
         
         
            | 
                
			 | 
                   SECTION 3.22.  Sections 29.022(a), (a-1), (b), (c), (c-1),  | 
         
         
            | 
                
			 | 
            (d), (f), (h), (k), (l), (q), (s), and (t), Education Code, are  | 
         
         
            | 
                
			 | 
            amended to read as follows: | 
         
         
            | 
                
			 | 
                   (a)  In order to promote student safety, on receipt of a  | 
         
         
            | 
                
			 | 
            written request authorized under Subsection (a-1), a school  | 
         
         
            | 
                
			 | 
            district or open-enrollment charter school shall provide  | 
         
         
            | 
                
			 | 
            equipment, including a video camera, to the school or schools in the  | 
         
         
            | 
                
			 | 
            district or the charter school campus or campuses specified in the  | 
         
         
            | 
                
			 | 
            request.  A school or campus that receives equipment as provided by  | 
         
         
            | 
                
			 | 
            this subsection shall place, operate, and maintain one or more  | 
         
         
            | 
                
			 | 
            video cameras in special education [self-contained] classrooms and  | 
         
         
            | 
                
			 | 
            other special education settings [in which a majority of the  | 
         
         
            | 
                
			 | 
            students in regular attendance are provided special education and  | 
         
         
            | 
                
			 | 
            related services and are assigned to one or more self-contained  | 
         
         
            | 
                
			 | 
            classrooms or other special education settings for at least 50  | 
         
         
            | 
                
			 | 
            percent of the instructional day], provided that: | 
         
         
            | 
                
			 | 
                         (1)  a school or campus that receives equipment as a  | 
         
         
            | 
                
			 | 
            result of the request by a parent or staff member is required to  | 
         
         
            | 
                
			 | 
            place equipment only in classrooms or settings in which the  | 
         
         
            | 
                
			 | 
            parent's child is in regular attendance or to which the staff member  | 
         
         
            | 
                
			 | 
            is assigned, as applicable; and | 
         
         
            | 
                
			 | 
                         (2)  a school or campus that receives equipment as a  | 
         
         
            | 
                
			 | 
            result of the request by a board of trustees, governing body,  | 
         
         
            | 
                
			 | 
            principal, or assistant principal is required to place equipment  | 
         
         
            | 
                
			 | 
            only in classrooms or settings identified by the requestor, if the  | 
         
         
            | 
                
			 | 
            requestor limits the request to specific classrooms or settings  | 
         
         
            | 
                
			 | 
            subject to this subsection. | 
         
         
            | 
                
			 | 
                   (a-1)  For purposes of Subsection (a): | 
         
         
            | 
                
			 | 
                         (1)  a parent of a child who receives special education  | 
         
         
            | 
                
			 | 
            services in one or more special education [self-contained]  | 
         
         
            | 
                
			 | 
            classrooms or other special education settings may request in  | 
         
         
            | 
                
			 | 
            writing that equipment be provided to the school or campus at which  | 
         
         
            | 
                
			 | 
            the child receives those services; | 
         
         
            | 
                
			 | 
                         (2)  a board of trustees or governing body may request  | 
         
         
            | 
                
			 | 
            in writing that equipment be provided to one or more specified  | 
         
         
            | 
                
			 | 
            schools or campuses at which one or more children receive special  | 
         
         
            | 
                
			 | 
            education services in special education [self-contained]  | 
         
         
            | 
                
			 | 
            classrooms or other special education settings; | 
         
         
            | 
                
			 | 
                         (3)  the principal or assistant principal of a school  | 
         
         
            | 
                
			 | 
            or campus at which one or more children receive special education  | 
         
         
            | 
                
			 | 
            services in special education [self-contained] classrooms or other  | 
         
         
            | 
                
			 | 
            special education settings may request in writing that equipment be  | 
         
         
            | 
                
			 | 
            provided to the principal's or assistant principal's school or  | 
         
         
            | 
                
			 | 
            campus; and | 
         
         
            | 
                
			 | 
                         (4)  a staff member assigned to work with one or more  | 
         
         
            | 
                
			 | 
            children receiving special education services in special education | 
         
         
            | 
                
			 | 
            [self-contained] classrooms or other special education settings  | 
         
         
            | 
                
			 | 
            may request in writing that equipment be provided to the school or  | 
         
         
            | 
                
			 | 
            campus at which the staff member works. | 
         
         
            | 
                
			 | 
                   (b)  A school or campus that places a video camera in a  | 
         
         
            | 
                
			 | 
            special education classroom or other special education setting in  | 
         
         
            | 
                
			 | 
            accordance with Subsection (a) shall operate and maintain the video  | 
         
         
            | 
                
			 | 
            camera in the classroom or setting, as long as the classroom or  | 
         
         
            | 
                
			 | 
            setting continues to satisfy the requirements under Subsection (a),  | 
         
         
            | 
                
			 | 
            for the remainder of the school year in which the school or campus  | 
         
         
            | 
                
			 | 
            received the request, unless the requestor withdraws the request in  | 
         
         
            | 
                
			 | 
            writing.  If for any reason a school or campus will discontinue  | 
         
         
            | 
                
			 | 
            operation of a video camera during a school year, not later than the  | 
         
         
            | 
                
			 | 
            fifth school day before the date the operation of the video camera  | 
         
         
            | 
                
			 | 
            will be discontinued, the school or campus must notify the parents  | 
         
         
            | 
                
			 | 
            of each student in regular attendance in the classroom or setting  | 
         
         
            | 
                
			 | 
            that operation of the video camera will not continue unless  | 
         
         
            | 
                
			 | 
            requested by a person eligible to make a request under Subsection  | 
         
         
            | 
                
			 | 
            (a-1).  Not later than the 10th school day before the end of each  | 
         
         
            | 
                
			 | 
            school year, the school or campus must notify the parents of each  | 
         
         
            | 
                
			 | 
            student in regular attendance in the classroom or setting that  | 
         
         
            | 
                
			 | 
            operation of the video camera will not continue during the  | 
         
         
            | 
                
			 | 
            following school year unless a person eligible to make a request for  | 
         
         
            | 
                
			 | 
            the next school year under Subsection (a-1) submits a new request. | 
         
         
            | 
                
			 | 
                   (c)  Except as provided by Subsection (c-1), video cameras  | 
         
         
            | 
                
			 | 
            placed under this section must be capable of: | 
         
         
            | 
                
			 | 
                         (1)  covering all areas of the special education | 
         
         
            | 
                
			 | 
            classroom or other special education setting, including a room  | 
         
         
            | 
                
			 | 
            attached to the classroom or setting used for time-out; and | 
         
         
            | 
                
			 | 
                         (2)  recording audio from all areas of the special  | 
         
         
            | 
                
			 | 
            education classroom or other special education setting, including a  | 
         
         
            | 
                
			 | 
            room attached to the classroom or setting used for time-out. | 
         
         
            | 
                
			 | 
                   (c-1)  The inside of a bathroom or any area in the special  | 
         
         
            | 
                
			 | 
            education classroom or other special education setting in which a  | 
         
         
            | 
                
			 | 
            student's clothes are changed may not be visually monitored, except  | 
         
         
            | 
                
			 | 
            for incidental coverage of a minor portion of a bathroom or changing  | 
         
         
            | 
                
			 | 
            area because of the layout of the classroom or setting. | 
         
         
            | 
                
			 | 
                   (d)  Before a school or campus activates a video camera in a  | 
         
         
            | 
                
			 | 
            special education classroom or other special education setting  | 
         
         
            | 
                
			 | 
            under this section, the school or campus shall provide written  | 
         
         
            | 
                
			 | 
            notice of the placement to all school or campus staff and to the  | 
         
         
            | 
                
			 | 
            parents of each student attending class or engaging in school  | 
         
         
            | 
                
			 | 
            activities in the classroom or setting. | 
         
         
            | 
                
			 | 
                   (f)  A school district or open-enrollment charter school may  | 
         
         
            | 
                
			 | 
            solicit and accept gifts, grants, and donations from any person for  | 
         
         
            | 
                
			 | 
            use in placing video cameras in special education classrooms or  | 
         
         
            | 
                
			 | 
            other special education settings under this section. | 
         
         
            | 
                
			 | 
                   (h)  A school district or open-enrollment charter school may  | 
         
         
            | 
                
			 | 
            not: | 
         
         
            | 
                
			 | 
                         (1)  allow regular or continual monitoring of video  | 
         
         
            | 
                
			 | 
            recorded under this section; or | 
         
         
            | 
                
			 | 
                         (2)  use video recorded under this section for teacher  | 
         
         
            | 
                
			 | 
            evaluation or for any other purpose other than the promotion of  | 
         
         
            | 
                
			 | 
            safety of students receiving special education services in a  | 
         
         
            | 
                
			 | 
            special education [self-contained] classroom or other special  | 
         
         
            | 
                
			 | 
            education setting. | 
         
         
            | 
                
			 | 
                   (k)  The commissioner may adopt rules to implement and  | 
         
         
            | 
                
			 | 
            administer this section, including rules regarding the special  | 
         
         
            | 
                
			 | 
            education classrooms and other special education settings to which  | 
         
         
            | 
                
			 | 
            this section applies. | 
         
         
            | 
                
			 | 
                   (l)  A school district or open-enrollment charter school  | 
         
         
            | 
                
			 | 
            policy relating to the placement, operation, or maintenance of  | 
         
         
            | 
                
			 | 
            video cameras under this section must: | 
         
         
            | 
                
			 | 
                         (1)  include information on how a person may appeal an  | 
         
         
            | 
                
			 | 
            action by the district or school that the person believes to be in  | 
         
         
            | 
                
			 | 
            violation of this section or a policy adopted in accordance with  | 
         
         
            | 
                
			 | 
            this section, including the appeals process under Section 7.057; | 
         
         
            | 
                
			 | 
                         (2)  require that the district or school provide a  | 
         
         
            | 
                
			 | 
            response to a request made under this section not later than the  | 
         
         
            | 
                
			 | 
            seventh school business day after receipt of the request by the  | 
         
         
            | 
                
			 | 
            person to whom it must be submitted under Subsection (a-3) that  | 
         
         
            | 
                
			 | 
            authorizes the request or states the reason for denying the  | 
         
         
            | 
                
			 | 
            request; | 
         
         
            | 
                
			 | 
                         (3)  except as provided by Subdivision (5), require  | 
         
         
            | 
                
			 | 
            that a school or a campus begin operation of a video camera in  | 
         
         
            | 
                
			 | 
            compliance with this section not later than the 45th school  | 
         
         
            | 
                
			 | 
            business day, or the first school day after the 45th school business  | 
         
         
            | 
                
			 | 
            day if that day is not a school day, after the request is authorized  | 
         
         
            | 
                
			 | 
            unless the agency grants an extension of time; | 
         
         
            | 
                
			 | 
                         (4)  permit the parent of a student whose admission,  | 
         
         
            | 
                
			 | 
            review, and dismissal committee has determined that the student's  | 
         
         
            | 
                
			 | 
            placement for the following school year will be in a special  | 
         
         
            | 
                
			 | 
            education classroom or other special education setting in which a  | 
         
         
            | 
                
			 | 
            video camera may be placed under this section to make a request for  | 
         
         
            | 
                
			 | 
            the video camera by the later of: | 
         
         
            | 
                
			 | 
                               (A)  the date on which the current school year  | 
         
         
            | 
                
			 | 
            ends; or | 
         
         
            | 
                
			 | 
                               (B)  the 10th school business day after the date  | 
         
         
            | 
                
			 | 
            of the placement determination by the admission, review, and  | 
         
         
            | 
                
			 | 
            dismissal committee; and | 
         
         
            | 
                
			 | 
                         (5)  if a request is made by a parent in compliance with  | 
         
         
            | 
                
			 | 
            Subdivision (4), unless the agency grants an extension of time,  | 
         
         
            | 
                
			 | 
            require that a school or campus begin operation of a video camera in  | 
         
         
            | 
                
			 | 
            compliance with this section not later than the later of: | 
         
         
            | 
                
			 | 
                               (A)  the 10th school day of the fall semester; or | 
         
         
            | 
                
			 | 
                               (B)  the 45th school business day, or the first  | 
         
         
            | 
                
			 | 
            school day after the 45th school business day if that day is not a  | 
         
         
            | 
                
			 | 
            school day, after the date the request is made. | 
         
         
            | 
                
			 | 
                   (q)  The agency shall collect through the Public Education  | 
         
         
            | 
                
			 | 
            Information Management System (PEIMS) data relating to requests  | 
         
         
            | 
                
			 | 
            made under this section and actions taken by a school district or  | 
         
         
            | 
                
			 | 
            open-enrollment charter school in response to a request, including  | 
         
         
            | 
                
			 | 
            the number of requests made, authorized, and denied. | 
         
         
            | 
                
			 | 
                   (s)  This section applies to the placement, operation, and  | 
         
         
            | 
                
			 | 
            maintenance of a video camera in a special education | 
         
         
            | 
                
			 | 
            [self-contained] classroom or other special education setting  | 
         
         
            | 
                
			 | 
            during the regular school year and extended school year services. | 
         
         
            | 
                
			 | 
                   (t)  A video camera placed under this section is not required  | 
         
         
            | 
                
			 | 
            to be in operation for the time during which students are not  | 
         
         
            | 
                
			 | 
            present in the special education classroom or other special  | 
         
         
            | 
                
			 | 
            education setting. | 
         
         
            | 
                
			 | 
                   SECTION 3.23.  Sections 29.022(u)(3) and (4), Education  | 
         
         
            | 
                
			 | 
            Code, are amended to read as follows: | 
         
         
            | 
                
			 | 
                         (3)  "Special education classroom or other special  | 
         
         
            | 
                
			 | 
            education setting" means a classroom or setting primarily used for  | 
         
         
            | 
                
			 | 
            delivering special education services to students who spend on  | 
         
         
            | 
                
			 | 
            average less than 50 percent of an instructional day in a general  | 
         
         
            | 
                
			 | 
            education classroom or setting ["Self-contained classroom" does  | 
         
         
            | 
                
			 | 
            not include a classroom that is a resource room instructional  | 
         
         
            | 
                
			 | 
            arrangement under Section 48.102]. | 
         
         
            | 
                
			 | 
                         (4)  "Staff member" means a teacher, related service  | 
         
         
            | 
                
			 | 
            provider, paraprofessional, counselor, or educational aide  | 
         
         
            | 
                
			 | 
            assigned to work in a special education [self-contained] classroom  | 
         
         
            | 
                
			 | 
            or other special education setting. | 
         
         
            | 
                
			 | 
                   SECTION 3.24.  Subchapter A, Chapter 29, Education Code, is  | 
         
         
            | 
                
			 | 
            amended by adding Sections 29.023, 29.024, 29.025, and 29.026 to  | 
         
         
            | 
                
			 | 
            read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 29.023.  GRANT PROGRAM PROVIDING SERVICES TO STUDENTS  | 
         
         
            | 
                
			 | 
            WITH AUTISM.  (a)  From money appropriated or otherwise available  | 
         
         
            | 
                
			 | 
            for the purpose, the commissioner shall establish a program to  | 
         
         
            | 
                
			 | 
            award grants to school districts and open-enrollment charter  | 
         
         
            | 
                
			 | 
            schools that provide innovative services to students with autism. | 
         
         
            | 
                
			 | 
                   (b)  A school district, including a school district acting  | 
         
         
            | 
                
			 | 
            through a district charter issued under Subchapter C, Chapter 12,  | 
         
         
            | 
                
			 | 
            and an open-enrollment charter school, including a charter school  | 
         
         
            | 
                
			 | 
            that primarily serves students with disabilities, as provided under  | 
         
         
            | 
                
			 | 
            Section 12.1014, may apply for a grant under this section. | 
         
         
            | 
                
			 | 
                   (c)  A program is eligible for a grant under this section if  | 
         
         
            | 
                
			 | 
            the program: | 
         
         
            | 
                
			 | 
                         (1)  incorporates: | 
         
         
            | 
                
			 | 
                               (A)  evidence-based and research-based design; | 
         
         
            | 
                
			 | 
                               (B)  the use of empirical data on student  | 
         
         
            | 
                
			 | 
            achievement and improvement; | 
         
         
            | 
                
			 | 
                               (C)  parental support and collaboration; | 
         
         
            | 
                
			 | 
                               (D)  the use of technology; | 
         
         
            | 
                
			 | 
                               (E)  meaningful inclusion; and | 
         
         
            | 
                
			 | 
                               (F)  the ability to replicate the program for  | 
         
         
            | 
                
			 | 
            students statewide; and | 
         
         
            | 
                
			 | 
                         (2)  gives priority for enrollment to students with  | 
         
         
            | 
                
			 | 
            autism. | 
         
         
            | 
                
			 | 
                   (d)  A school district or open-enrollment charter school may  | 
         
         
            | 
                
			 | 
            not: | 
         
         
            | 
                
			 | 
                         (1)  charge a fee for the program, other than those  | 
         
         
            | 
                
			 | 
            authorized by law for students in public schools; | 
         
         
            | 
                
			 | 
                         (2)  require a parent to enroll a child in the program; | 
         
         
            | 
                
			 | 
                         (3)  allow an admission, review, and dismissal  | 
         
         
            | 
                
			 | 
            committee to place a student in the program without the written  | 
         
         
            | 
                
			 | 
            consent of the student's parent or guardian; or | 
         
         
            | 
                
			 | 
                         (4)  continue the placement of a student in the program  | 
         
         
            | 
                
			 | 
            after the student's parent or guardian revokes consent, in writing,  | 
         
         
            | 
                
			 | 
            to the student's placement in the program. | 
         
         
            | 
                
			 | 
                   (e)  A program under this section may: | 
         
         
            | 
                
			 | 
                         (1)  alter the length of the school day or school year  | 
         
         
            | 
                
			 | 
            or the number of minutes of instruction received by students; | 
         
         
            | 
                
			 | 
                         (2)  coordinate services with private or  | 
         
         
            | 
                
			 | 
            community-based providers; | 
         
         
            | 
                
			 | 
                         (3)  allow the enrollment of students without  | 
         
         
            | 
                
			 | 
            disabilities or with other disabilities, if approved by the  | 
         
         
            | 
                
			 | 
            commissioner; and | 
         
         
            | 
                
			 | 
                         (4)  adopt staff qualifications and staff-to-student  | 
         
         
            | 
                
			 | 
            ratios that differ from the applicable requirements of this title. | 
         
         
            | 
                
			 | 
                   (f)  The commissioner shall create an external panel of  | 
         
         
            | 
                
			 | 
            stakeholders, including parents of students with disabilities, to  | 
         
         
            | 
                
			 | 
            provide assistance in the selection of applications for the award  | 
         
         
            | 
                
			 | 
            of grants under this section. | 
         
         
            | 
                
			 | 
                   (g)  In selecting programs to receive a grant under this  | 
         
         
            | 
                
			 | 
            section, the commissioner shall prioritize programs that are  | 
         
         
            | 
                
			 | 
            collaborations between multiple school districts, multiple charter  | 
         
         
            | 
                
			 | 
            schools, or school districts and charter schools.  The selected  | 
         
         
            | 
                
			 | 
            programs must reflect the diversity of this state. | 
         
         
            | 
                
			 | 
                   (h)  A program selected to receive a grant under this section  | 
         
         
            | 
                
			 | 
            is to be funded for two years. | 
         
         
            | 
                
			 | 
                   (i)  A grant awarded to a school district or open-enrollment  | 
         
         
            | 
                
			 | 
            charter school under this section is in addition to the Foundation  | 
         
         
            | 
                
			 | 
            School Program money that the district or charter school is  | 
         
         
            | 
                
			 | 
            otherwise entitled to receive.  A grant awarded under this section  | 
         
         
            | 
                
			 | 
            may not come out of Foundation School Program money. | 
         
         
            | 
                
			 | 
                   (j)  The commissioner and any program selected under this  | 
         
         
            | 
                
			 | 
            section may accept gifts, grants, and donations from any public or  | 
         
         
            | 
                
			 | 
            private source, person, or group to implement and administer the  | 
         
         
            | 
                
			 | 
            program.  The commissioner and any program selected under this  | 
         
         
            | 
                
			 | 
            section may not require any financial contribution from parents to  | 
         
         
            | 
                
			 | 
            implement and administer the program. | 
         
         
            | 
                
			 | 
                   (k)  A regional education service center may administer  | 
         
         
            | 
                
			 | 
            grants awarded under this section. | 
         
         
            | 
                
			 | 
                   Sec. 29.024.  GRANT PROGRAM PROVIDING TRAINING IN DYSLEXIA  | 
         
         
            | 
                
			 | 
            FOR TEACHERS, STAFF, AND OTHER PERSONNEL.  (a)  From money  | 
         
         
            | 
                
			 | 
            appropriated or otherwise available for the purpose, the  | 
         
         
            | 
                
			 | 
            commissioner shall establish a program to award grants each school  | 
         
         
            | 
                
			 | 
            year to school districts, open-enrollment charter schools, the  | 
         
         
            | 
                
			 | 
            Texas Juvenile Justice Department, juvenile boards, and juvenile  | 
         
         
            | 
                
			 | 
            probation departments to increase local capacity to appropriately  | 
         
         
            | 
                
			 | 
            serve students with dyslexia. | 
         
         
            | 
                
			 | 
                   (b)  A school district, including a school district acting  | 
         
         
            | 
                
			 | 
            through a district charter issued under Subchapter C, Chapter 12,  | 
         
         
            | 
                
			 | 
            an open-enrollment charter school, including a charter school that  | 
         
         
            | 
                
			 | 
            primarily serves students with disabilities, as provided under  | 
         
         
            | 
                
			 | 
            Section 12.1014, the Texas Juvenile Justice Department, a juvenile  | 
         
         
            | 
                
			 | 
            board, or a juvenile probation department is eligible to apply for a  | 
         
         
            | 
                
			 | 
            grant under this section if the district, school, department, or  | 
         
         
            | 
                
			 | 
            board submits to the commissioner a proposal on the use of grant  | 
         
         
            | 
                
			 | 
            funds that: | 
         
         
            | 
                
			 | 
                         (1)  incorporates  evidence-based and research-based  | 
         
         
            | 
                
			 | 
            design; and | 
         
         
            | 
                
			 | 
                         (2)  increases local capacity to appropriately serve  | 
         
         
            | 
                
			 | 
            students with dyslexia by providing: | 
         
         
            | 
                
			 | 
                               (A)  high-quality training to classroom teachers,  | 
         
         
            | 
                
			 | 
            administrators, and other relevant personnel in meeting the needs  | 
         
         
            | 
                
			 | 
            of students with dyslexia; or | 
         
         
            | 
                
			 | 
                               (B)  training to intervention staff resulting in  | 
         
         
            | 
                
			 | 
            appropriate credentialing related to dyslexia, with priority for  | 
         
         
            | 
                
			 | 
            training staff to earn the credentials necessary to become a  | 
         
         
            | 
                
			 | 
            licensed dyslexia therapist or certified academic language  | 
         
         
            | 
                
			 | 
            therapist. | 
         
         
            | 
                
			 | 
                   (c)   The commissioner shall create an external panel of  | 
         
         
            | 
                
			 | 
            stakeholders, including parents of students with disabilities, to  | 
         
         
            | 
                
			 | 
            provide assistance in the selection of applications for the award  | 
         
         
            | 
                
			 | 
            of grants under this section. | 
         
         
            | 
                
			 | 
                   (d)  A grant awarded under this section is in addition to the  | 
         
         
            | 
                
			 | 
            Foundation School Program money that the grant recipient is  | 
         
         
            | 
                
			 | 
            otherwise entitled to receive. A grant awarded under this section  | 
         
         
            | 
                
			 | 
            may not come out of Foundation School Program money. | 
         
         
            | 
                
			 | 
                   (e)  The commissioner and any grant recipient selected under  | 
         
         
            | 
                
			 | 
            this section may accept gifts, grants, and donations from any  | 
         
         
            | 
                
			 | 
            public or private source, person, or group to implement and  | 
         
         
            | 
                
			 | 
            administer the grant.  The commissioner and any grant recipient  | 
         
         
            | 
                
			 | 
            selected under this section may not require any financial  | 
         
         
            | 
                
			 | 
            contribution from parents to implement and administer the grant. | 
         
         
            | 
                
			 | 
                   (f)  A regional education service center may administer  | 
         
         
            | 
                
			 | 
            grants awarded under this section. | 
         
         
            | 
                
			 | 
                   Sec. 29.025.  SUPPORTS FOR RECRUITING AND RETAINING SPECIAL  | 
         
         
            | 
                
			 | 
            EDUCATION STAFF.  (a)  From money appropriated or otherwise  | 
         
         
            | 
                
			 | 
            available for the purpose, the agency shall provide grants each  | 
         
         
            | 
                
			 | 
            school year to school districts and open-enrollment charter schools  | 
         
         
            | 
                
			 | 
            to increase the number of qualified and appropriately credentialed  | 
         
         
            | 
                
			 | 
            special education staff, including special education teachers,  | 
         
         
            | 
                
			 | 
            special education paraprofessionals, evaluation personnel,  | 
         
         
            | 
                
			 | 
            ancillary instruction personnel, certified interpreters,  | 
         
         
            | 
                
			 | 
            board-certified behavior analysts, registered behavior  | 
         
         
            | 
                
			 | 
            technicians, and related service personnel. | 
         
         
            | 
                
			 | 
                   (b)  A school district or open-enrollment charter school  | 
         
         
            | 
                
			 | 
            that receives a grant under this section shall require each person  | 
         
         
            | 
                
			 | 
            the district or school uses the grant money to assist in becoming  | 
         
         
            | 
                
			 | 
            licensed, certified, or otherwise credentialed as described by  | 
         
         
            | 
                
			 | 
            Subsection (a) to work at the district or school for a period  | 
         
         
            | 
                
			 | 
            established by commissioner rule. | 
         
         
            | 
                
			 | 
                   (c)  A regional education service center may administer  | 
         
         
            | 
                
			 | 
            grants awarded under this section. | 
         
         
            | 
                
			 | 
                   (d)  The commissioner shall adopt rules establishing the  | 
         
         
            | 
                
			 | 
            period of required employment described by Subsection (b) and any  | 
         
         
            | 
                
			 | 
            other rules necessary to implement this section. | 
         
         
            | 
                
			 | 
                   Sec. 29.026.  RULES.  The commissioner may adopt rules as  | 
         
         
            | 
                
			 | 
            necessary to implement this subchapter. | 
         
         
            | 
                
			 | 
                   SECTION 3.25.  The heading to Subchapter A-1, Chapter 29,  | 
         
         
            | 
                
			 | 
            Education Code, is amended to read as follows: | 
         
         
            | 
                
			 | 
            SUBCHAPTER A-1.  PARENT-DIRECTED [SUPPLEMENTAL SPECIAL EDUCATION]  | 
         
         
            | 
                
			 | 
            SERVICES FOR STUDENTS RECEIVING SPECIAL EDUCATION SERVICES | 
         
         
            | 
                
			 | 
            [PROGRAM] | 
         
         
            | 
                
			 | 
                   SECTION 3.26.  Sections 29.041(2) and (3), Education Code,  | 
         
         
            | 
                
			 | 
            are amended to read as follows: | 
         
         
            | 
                
			 | 
                         (2)  "Supplemental [special education] instructional  | 
         
         
            | 
                
			 | 
            materials" includes textbooks, computer hardware or software,  | 
         
         
            | 
                
			 | 
            other technological devices, and other materials suitable for  | 
         
         
            | 
                
			 | 
            addressing an educational need of a student receiving special  | 
         
         
            | 
                
			 | 
            education services under Subchapter A. | 
         
         
            | 
                
			 | 
                         (3)  "Supplemental [special education] services" means  | 
         
         
            | 
                
			 | 
            an additive service that provides an educational benefit to a  | 
         
         
            | 
                
			 | 
            student receiving special education services under Subchapter A,  | 
         
         
            | 
                
			 | 
            including: | 
         
         
            | 
                
			 | 
                               (A)  occupational therapy, physical therapy, and  | 
         
         
            | 
                
			 | 
            speech therapy; and | 
         
         
            | 
                
			 | 
                               (B)  private tutoring and other supplemental  | 
         
         
            | 
                
			 | 
            private instruction or programs. | 
         
         
            | 
                
			 | 
                   SECTION 3.27.  Section 29.042, Education Code, is amended by  | 
         
         
            | 
                
			 | 
            amending Subsections (a) and (c) and adding Subsection (e) to read  | 
         
         
            | 
                
			 | 
            as follows: | 
         
         
            | 
                
			 | 
                   (a)  The agency by rule shall establish and administer a  | 
         
         
            | 
                
			 | 
            parent-directed [supplemental special education services and  | 
         
         
            | 
                
			 | 
            instructional materials] program for students receiving special  | 
         
         
            | 
                
			 | 
            education services through which a parent may direct supplemental  | 
         
         
            | 
                
			 | 
            services and supplemental instructional materials for the parent's  | 
         
         
            | 
                
			 | 
            student [students] who meets [meet] the eligibility requirements  | 
         
         
            | 
                
			 | 
            for participation in the program.  Subject to Subsection (c), the  | 
         
         
            | 
                
			 | 
            agency shall provide each student approved as provided by this  | 
         
         
            | 
                
			 | 
            subchapter a grant in the amount provided under Section 48.306 [of  | 
         
         
            | 
                
			 | 
            not more than $1,500] to purchase supplemental [special education]  | 
         
         
            | 
                
			 | 
            services and supplemental [special education] instructional  | 
         
         
            | 
                
			 | 
            materials. | 
         
         
            | 
                
			 | 
                   (c)  A student may receive one grant under this subchapter  | 
         
         
            | 
                
			 | 
            unless the legislature appropriates money for an additional grant  | 
         
         
            | 
                
			 | 
            in the General Appropriations Act [The commissioner shall set aside  | 
         
         
            | 
                
			 | 
            an amount set by appropriation for each state fiscal year to fund  | 
         
         
            | 
                
			 | 
            the program under this section.  For each state fiscal year, the  | 
         
         
            | 
                
			 | 
            total amount provided for student grants under Subsection (a) may  | 
         
         
            | 
                
			 | 
            not exceed the amount set aside by the commissioner under this  | 
         
         
            | 
                
			 | 
            subsection]. | 
         
         
            | 
                
			 | 
                   (e)  The agency shall maintain an online user-friendly  | 
         
         
            | 
                
			 | 
            application system for parents to apply for a grant described by  | 
         
         
            | 
                
			 | 
            Subsection (a). | 
         
         
            | 
                
			 | 
                   SECTION 3.28.  Section 29.045, Education Code, is amended to  | 
         
         
            | 
                
			 | 
            read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 29.045.  APPROVAL OF APPLICATION; ASSIGNMENT OF  | 
         
         
            | 
                
			 | 
            ACCOUNT.  The [Subject to available funding the] agency shall  | 
         
         
            | 
                
			 | 
            approve each student who meets the program eligibility criteria  | 
         
         
            | 
                
			 | 
            established under Section 29.044 and assign to the student an  | 
         
         
            | 
                
			 | 
            account maintained under Section 29.042(b).  The account may only  | 
         
         
            | 
                
			 | 
            be used by the student's parent to purchase supplemental [special  | 
         
         
            | 
                
			 | 
            education] services or supplemental [special education]  | 
         
         
            | 
                
			 | 
            instructional materials for the student, subject to Sections 29.046  | 
         
         
            | 
                
			 | 
            and 29.047. | 
         
         
            | 
                
			 | 
                   SECTION 3.29.  Sections 29.046(a) and (b), Education Code,  | 
         
         
            | 
                
			 | 
            are amended to read as follows: | 
         
         
            | 
                
			 | 
                   (a)  Money in an account assigned to a student under Section  | 
         
         
            | 
                
			 | 
            29.045 may be used only for supplemental [special education]  | 
         
         
            | 
                
			 | 
            services and supplemental [special education] instructional  | 
         
         
            | 
                
			 | 
            materials. | 
         
         
            | 
                
			 | 
                   (b)  Supplemental [special education] services must be  | 
         
         
            | 
                
			 | 
            provided by an agency-approved provider. | 
         
         
            | 
                
			 | 
                   SECTION 3.30.  Sections 29.047(a), (c), (d), and (e),  | 
         
         
            | 
                
			 | 
            Education Code, are amended to read as follows: | 
         
         
            | 
                
			 | 
                   (a)  The agency shall establish criteria necessary for  | 
         
         
            | 
                
			 | 
            agency approval for each category of provider of a professional  | 
         
         
            | 
                
			 | 
            service that is a supplemental [special education] service, as  | 
         
         
            | 
                
			 | 
            identified by the agency. | 
         
         
            | 
                
			 | 
                   (c)  The agency shall provide a procedure for providers of  | 
         
         
            | 
                
			 | 
            supplemental [special education] services to apply to the agency to  | 
         
         
            | 
                
			 | 
            become an agency-approved provider. | 
         
         
            | 
                
			 | 
                   (d)  The agency may establish criteria for agency approval of  | 
         
         
            | 
                
			 | 
            vendors for each category of supplemental [special education]  | 
         
         
            | 
                
			 | 
            instructional materials identified by the agency. | 
         
         
            | 
                
			 | 
                   (e)  If the agency establishes criteria for agency approval  | 
         
         
            | 
                
			 | 
            for a vendor of a category of supplemental [special education]  | 
         
         
            | 
                
			 | 
            instructional materials, the agency shall provide a procedure for  | 
         
         
            | 
                
			 | 
            vendors of that category to apply to the agency to become an  | 
         
         
            | 
                
			 | 
            agency-approved vendor. | 
         
         
            | 
                
			 | 
                   SECTION 3.31.  Section 29.048, Education Code, is amended to  | 
         
         
            | 
                
			 | 
            read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 29.048.  ADMISSION, REVIEW, AND DISMISSAL COMMITTEE  | 
         
         
            | 
                
			 | 
            DUTIES.  (a)  A student's admission, review, and dismissal  | 
         
         
            | 
                
			 | 
            committee shall develop a student's individualized education  | 
         
         
            | 
                
			 | 
            program under Section 29.005, in compliance with the Individuals  | 
         
         
            | 
                
			 | 
            with Disabilities Education Act (20 U.S.C. Section 1400 et seq.),  | 
         
         
            | 
                
			 | 
            without consideration of any supplemental [special education]  | 
         
         
            | 
                
			 | 
            services or supplemental instructional materials that may be  | 
         
         
            | 
                
			 | 
            provided under the program under this subchapter. | 
         
         
            | 
                
			 | 
                   (b)  Unless the district first verifies that an account has  | 
         
         
            | 
                
			 | 
            been assigned to the student under Section 29.045, the [The]  | 
         
         
            | 
                
			 | 
            admission, review, and dismissal committee of a student approved  | 
         
         
            | 
                
			 | 
            for participation in the program shall provide to the student's  | 
         
         
            | 
                
			 | 
            parent at an admission, review, and dismissal committee meeting for  | 
         
         
            | 
                
			 | 
            the student: | 
         
         
            | 
                
			 | 
                         (1)  information regarding the types of supplemental  | 
         
         
            | 
                
			 | 
            [special education] services or supplemental instructional  | 
         
         
            | 
                
			 | 
            materials available under the program and provided by  | 
         
         
            | 
                
			 | 
            agency-approved providers for which an account maintained under  | 
         
         
            | 
                
			 | 
            Section 29.042(b) for the student may be used; and | 
         
         
            | 
                
			 | 
                         (2)  instructions regarding accessing an account  | 
         
         
            | 
                
			 | 
            described by Subdivision (1). | 
         
         
            | 
                
			 | 
                   SECTION 3.32.  Subchapter A-1, Chapter 29, Education Code,  | 
         
         
            | 
                
			 | 
            is amended by adding Section 29.0485 to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 29.0485.  DETERMINATION OF COMMISSIONER FINAL.   | 
         
         
            | 
                
			 | 
            Notwithstanding Section 7.057, a determination of the commissioner  | 
         
         
            | 
                
			 | 
            under this subchapter is final and may not be appealed. | 
         
         
            | 
                
			 | 
                   SECTION 3.33.  Section 29.049, Education Code, is amended to  | 
         
         
            | 
                
			 | 
            read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 29.049.  RULES.  The commissioner shall adopt rules as  | 
         
         
            | 
                
			 | 
            necessary to administer the supplemental [special education]  | 
         
         
            | 
                
			 | 
            services and supplemental instructional materials program under  | 
         
         
            | 
                
			 | 
            this subchapter. | 
         
         
            | 
                
			 | 
                   SECTION 3.34.  Section 29.153, Education Code, is amended by  | 
         
         
            | 
                
			 | 
            amending Subsection (b) and adding Subsection (b-2) to read as  | 
         
         
            | 
                
			 | 
            follows: | 
         
         
            | 
                
			 | 
                   (b)  A child is eligible for enrollment in a prekindergarten  | 
         
         
            | 
                
			 | 
            class under this section if the child is at least three years of age  | 
         
         
            | 
                
			 | 
            and: | 
         
         
            | 
                
			 | 
                         (1)  is unable to speak and comprehend the English  | 
         
         
            | 
                
			 | 
            language; | 
         
         
            | 
                
			 | 
                         (2)  is educationally disadvantaged; | 
         
         
            | 
                
			 | 
                         (3)  is homeless, regardless of the residence of the  | 
         
         
            | 
                
			 | 
            child, of either parent of the child, or of the child's guardian or  | 
         
         
            | 
                
			 | 
            other person having lawful control of the child; | 
         
         
            | 
                
			 | 
                         (4)  is the child of an active duty member of the armed  | 
         
         
            | 
                
			 | 
            forces of the United States, including the state military forces or  | 
         
         
            | 
                
			 | 
            a reserve component of the armed forces, who is ordered to active  | 
         
         
            | 
                
			 | 
            duty by proper authority; | 
         
         
            | 
                
			 | 
                         (5)  is the child of a member of the armed forces of the  | 
         
         
            | 
                
			 | 
            United States, including the state military forces or a reserve  | 
         
         
            | 
                
			 | 
            component of the armed forces, who was injured or killed while  | 
         
         
            | 
                
			 | 
            serving on active duty; | 
         
         
            | 
                
			 | 
                         (6)  is or ever has been in: | 
         
         
            | 
                
			 | 
                               (A)  the conservatorship of the Department of  | 
         
         
            | 
                
			 | 
            Family and Protective Services following an adversary hearing held  | 
         
         
            | 
                
			 | 
            as provided by Section 262.201, Family Code; or | 
         
         
            | 
                
			 | 
                               (B)  foster care in another state or territory, if  | 
         
         
            | 
                
			 | 
            the child resides in this state; [or] | 
         
         
            | 
                
			 | 
                         (7)  is the child of a person eligible for the Star of  | 
         
         
            | 
                
			 | 
            Texas Award as: | 
         
         
            | 
                
			 | 
                               (A)  a peace officer under Section 3106.002,  | 
         
         
            | 
                
			 | 
            Government Code; | 
         
         
            | 
                
			 | 
                               (B)  a firefighter under Section 3106.003,  | 
         
         
            | 
                
			 | 
            Government Code; or | 
         
         
            | 
                
			 | 
                               (C)  an emergency medical first responder under  | 
         
         
            | 
                
			 | 
            Section 3106.004, Government Code; or | 
         
         
            | 
                
			 | 
                         (8)  is a child eligible for special education services  | 
         
         
            | 
                
			 | 
            under Subchapter A and the child's admission, review, and dismissal  | 
         
         
            | 
                
			 | 
            committee determines the prekindergarten class to be the most  | 
         
         
            | 
                
			 | 
            appropriate placement for the child under the child's  | 
         
         
            | 
                
			 | 
            individualized education program. | 
         
         
            | 
                
			 | 
                   (b-2)  A child described by Subsection (b)(8) who is at least  | 
         
         
            | 
                
			 | 
            three years of age but younger than four years of age may be  | 
         
         
            | 
                
			 | 
            enrolled in a prekindergarten class offered to children who are at  | 
         
         
            | 
                
			 | 
            least four years of age if: | 
         
         
            | 
                
			 | 
                         (1)  the school district does not offer a  | 
         
         
            | 
                
			 | 
            prekindergarten program for children who are at least three years  | 
         
         
            | 
                
			 | 
            of age; and | 
         
         
            | 
                
			 | 
                         (2)  the child's admission, review, and dismissal  | 
         
         
            | 
                
			 | 
            committee determines the prekindergarten class to be the most  | 
         
         
            | 
                
			 | 
            appropriate placement for the child under the child's  | 
         
         
            | 
                
			 | 
            individualized education program. | 
         
         
            | 
                
			 | 
                   SECTION 3.35.  Section 29.301(1), Education Code, is amended  | 
         
         
            | 
                
			 | 
            to read as follows: | 
         
         
            | 
                
			 | 
                         (1)  "Admission, review, and dismissal committee"  | 
         
         
            | 
                
			 | 
            means the committee required by [State Board of Education rules to  | 
         
         
            | 
                
			 | 
            develop the individualized education program required by] the  | 
         
         
            | 
                
			 | 
            Individuals with Disabilities Education Act (20 U.S.C. Section 1400  | 
         
         
            | 
                
			 | 
            et seq.) for any student needing special education. | 
         
         
            | 
                
			 | 
                   SECTION 3.36.  Sections 29.304(a) and (c), Education Code,  | 
         
         
            | 
                
			 | 
            are amended to read as follows: | 
         
         
            | 
                
			 | 
                   (a)  A student who is deaf or hard of hearing must have an  | 
         
         
            | 
                
			 | 
            education in which teachers, psychologists, speech language  | 
         
         
            | 
                
			 | 
            pathologists [therapists], progress assessors, administrators, and  | 
         
         
            | 
                
			 | 
            others involved in education understand the unique nature of  | 
         
         
            | 
                
			 | 
            deafness and the hard-of-hearing condition.  A teacher of students  | 
         
         
            | 
                
			 | 
            who are deaf or hard of hearing either must be proficient in  | 
         
         
            | 
                
			 | 
            appropriate language modes or use an interpreter certified in  | 
         
         
            | 
                
			 | 
            appropriate language modes if certification is available. | 
         
         
            | 
                
			 | 
                   (c)  General [Regular] and special education personnel who  | 
         
         
            | 
                
			 | 
            work with students who are deaf or hard of hearing must be  | 
         
         
            | 
                
			 | 
            adequately prepared to provide educational instruction and  | 
         
         
            | 
                
			 | 
            services to those students. | 
         
         
            | 
                
			 | 
                   SECTION 3.37.  Section 29.310, Education Code, is amended by  | 
         
         
            | 
                
			 | 
            amending Subsection (c) and adding Subsection (d) to read as  | 
         
         
            | 
                
			 | 
            follows: | 
         
         
            | 
                
			 | 
                   (c)  The procedures and materials for the assessment and  | 
         
         
            | 
                
			 | 
            placement of a student who is deaf or hard of hearing shall be in the  | 
         
         
            | 
                
			 | 
            student's preferred mode of communication.  All other procedures  | 
         
         
            | 
                
			 | 
            and materials used with any student who is deaf or hard of hearing  | 
         
         
            | 
                
			 | 
            and who is an emergent bilingual student as defined by Section  | 
         
         
            | 
                
			 | 
            29.052 [has limited English proficiency] shall be in the student's  | 
         
         
            | 
                
			 | 
            preferred mode of communication. | 
         
         
            | 
                
			 | 
                   (d)  In recognizing the need for development of language and  | 
         
         
            | 
                
			 | 
            communication abilities in students who are deaf or hard of hearing  | 
         
         
            | 
                
			 | 
            but also calling for the use of methods of communication that will  | 
         
         
            | 
                
			 | 
            meet the needs of each individual student, each student who is deaf  | 
         
         
            | 
                
			 | 
            or hard of hearing must be thoroughly assessed to ascertain the  | 
         
         
            | 
                
			 | 
            student's potential for communicating through a variety of means. | 
         
         
            | 
                
			 | 
                   SECTION 3.38.  Section 29.313, Education Code, is amended to  | 
         
         
            | 
                
			 | 
            read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 29.313.  EVALUATION OF DEAF AND HARD OF HEARING  | 
         
         
            | 
                
			 | 
            SERVICES [PROGRAMS].  (a)  Each school district must provide  | 
         
         
            | 
                
			 | 
            continuous evaluation of the effectiveness of the district's  | 
         
         
            | 
                
			 | 
            services [programs of the district] for students who are deaf or  | 
         
         
            | 
                
			 | 
            hard of hearing.  The [If practicable,] evaluations shall follow  | 
         
         
            | 
                
			 | 
            program excellence indicators established by the agency. | 
         
         
            | 
                
			 | 
                   (b)  Each school district shall submit the evaluations under  | 
         
         
            | 
                
			 | 
            this section to the agency on a schedule set by the agency. | 
         
         
            | 
                
			 | 
                   SECTION 3.39.  Section 29.314, Education Code, is amended to  | 
         
         
            | 
                
			 | 
            read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 29.314.  TRANSITION INTO GENERAL EDUCATION [REGULAR]  | 
         
         
            | 
                
			 | 
            CLASS.  In addition to satisfying requirements of the admission,  | 
         
         
            | 
                
			 | 
            review, and dismissal committee and to satisfying requirements  | 
         
         
            | 
                
			 | 
            under state and federal law for vocational training, each school  | 
         
         
            | 
                
			 | 
            district shall develop and implement a transition plan for the  | 
         
         
            | 
                
			 | 
            transition of a student who is deaf or hard of hearing into a  | 
         
         
            | 
                
			 | 
            general education [regular] class [program] if the student is to be  | 
         
         
            | 
                
			 | 
            transferred from a special class or center or nonpublic,  | 
         
         
            | 
                
			 | 
            nonsectarian school into a general education [regular] class in a  | 
         
         
            | 
                
			 | 
            public school for any part of the school day.  The transition plan  | 
         
         
            | 
                
			 | 
            must provide for activities: | 
         
         
            | 
                
			 | 
                         (1)  to integrate the student into the general | 
         
         
            | 
                
			 | 
            [regular] education program and specify the nature of each activity  | 
         
         
            | 
                
			 | 
            and the time spent on the activity each day; and | 
         
         
            | 
                
			 | 
                         (2)  to support the transition of the student from the  | 
         
         
            | 
                
			 | 
            special education program into the general [regular] education  | 
         
         
            | 
                
			 | 
            program. | 
         
         
            | 
                
			 | 
                   SECTION 3.40.  Section 29.315, Education Code, is amended to  | 
         
         
            | 
                
			 | 
            read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 29.315.  TEXAS SCHOOL FOR THE DEAF MEMORANDUM OF  | 
         
         
            | 
                
			 | 
            UNDERSTANDING.  The Texas Education Agency and the Texas School for  | 
         
         
            | 
                
			 | 
            the Deaf shall develop[, agree to, and by commissioner rule adopt no  | 
         
         
            | 
                
			 | 
            later than September 1, 1998,] a memorandum of understanding to  | 
         
         
            | 
                
			 | 
            establish: | 
         
         
            | 
                
			 | 
                         (1)  the method for developing and reevaluating a set  | 
         
         
            | 
                
			 | 
            of indicators of the quality of learning at the Texas School for the  | 
         
         
            | 
                
			 | 
            Deaf; | 
         
         
            | 
                
			 | 
                         (2)  the process for the agency to conduct and report on  | 
         
         
            | 
                
			 | 
            an annual evaluation of the school's performance on the indicators; | 
         
         
            | 
                
			 | 
                         (3)  the requirements for the school's board to  | 
         
         
            | 
                
			 | 
            publish, discuss, and disseminate an annual report describing the  | 
         
         
            | 
                
			 | 
            educational performance of the school; and | 
         
         
            | 
                
			 | 
                         (4)  [the process for the agency to assign an  | 
         
         
            | 
                
			 | 
            accreditation status to the school, to reevaluate the status on an  | 
         
         
            | 
                
			 | 
            annual basis, and, if necessary, to conduct monitoring reviews; and | 
         
         
            | 
                
			 | 
                         [(5)]  the type of information the school shall be  | 
         
         
            | 
                
			 | 
            required to provide through the Public Education Information  | 
         
         
            | 
                
			 | 
            Management System (PEIMS). | 
         
         
            | 
                
			 | 
                   SECTION 3.41.  Section 29.316, Education Code, is amended to  | 
         
         
            | 
                
			 | 
            read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 29.316.  LANGUAGE ACQUISITION.  (a)  In this section,  | 
         
         
            | 
                
			 | 
            "language [: | 
         
         
            | 
                
			 | 
                         [(1)  "Center" means the Educational Resource Center on  | 
         
         
            | 
                
			 | 
            Deafness at the Texas School for the Deaf. | 
         
         
            | 
                
			 | 
                         [(2)  "Division" means the Division for Early Childhood  | 
         
         
            | 
                
			 | 
            Intervention Services of the Health and Human Services Commission. | 
         
         
            | 
                
			 | 
                         [(3)  "Language] acquisition" includes expressive and  | 
         
         
            | 
                
			 | 
            receptive language acquisition and literacy development in  | 
         
         
            | 
                
			 | 
            English, American Sign Language, or both, or, if applicable, in  | 
         
         
            | 
                
			 | 
            another language primarily used by a child's parent or guardian,  | 
         
         
            | 
                
			 | 
            and is separate from any modality used to communicate in the  | 
         
         
            | 
                
			 | 
            applicable language or languages. | 
         
         
            | 
                
			 | 
                   (b)  Each school district [The commissioner and the  | 
         
         
            | 
                
			 | 
            executive commissioner of the Health and Human Services Commission  | 
         
         
            | 
                
			 | 
            jointly] shall ensure that the language acquisition of each child  | 
         
         
            | 
                
			 | 
            eight years of age or younger who is deaf or hard of hearing is  | 
         
         
            | 
                
			 | 
            regularly assessed using a tool or assessment approved by the  | 
         
         
            | 
                
			 | 
            commissioner [determined to be valid and reliable as provided by  | 
         
         
            | 
                
			 | 
            Subsection (d)]. | 
         
         
            | 
                
			 | 
                   (c)  On a schedule determined by the commissioner, each  | 
         
         
            | 
                
			 | 
            school district shall report to the commissioner through the Public  | 
         
         
            | 
                
			 | 
            Education Information Management System (PEIMS) or another method  | 
         
         
            | 
                
			 | 
            set by commissioner rule the assessment data collected under  | 
         
         
            | 
                
			 | 
            Subsection (b) [Not later than August 31 of each year, the agency,  | 
         
         
            | 
                
			 | 
            the division, and the center jointly shall prepare and post on the  | 
         
         
            | 
                
			 | 
            agency's, the division's, and the center's respective Internet  | 
         
         
            | 
                
			 | 
            websites a report on the language acquisition of children eight  | 
         
         
            | 
                
			 | 
            years of age or younger who are deaf or hard of hearing. The report  | 
         
         
            | 
                
			 | 
            must: | 
         
         
            | 
                
			 | 
                         [(1)  include: | 
         
         
            | 
                
			 | 
                               [(A)  existing data reported in compliance with  | 
         
         
            | 
                
			 | 
            federal law regarding children with disabilities; and | 
         
         
            | 
                
			 | 
                               [(B)  information relating to the language  | 
         
         
            | 
                
			 | 
            acquisition of children who are deaf or hard of hearing and also  | 
         
         
            | 
                
			 | 
            have other disabilities; | 
         
         
            | 
                
			 | 
                         [(2)  state for each child: | 
         
         
            | 
                
			 | 
                               [(A)  the instructional arrangement used with the  | 
         
         
            | 
                
			 | 
            child, as described by Section 48.102, including the time the child  | 
         
         
            | 
                
			 | 
            spends in a mainstream instructional arrangement; | 
         
         
            | 
                
			 | 
                               [(B)  the specific language acquisition services  | 
         
         
            | 
                
			 | 
            provided to the child, including: | 
         
         
            | 
                
			 | 
                                     [(i)  the time spent providing those  | 
         
         
            | 
                
			 | 
            services; and | 
         
         
            | 
                
			 | 
                                     [(ii)  a description of any hearing  | 
         
         
            | 
                
			 | 
            amplification used in the delivery of those services, including: | 
         
         
            | 
                
			 | 
                                           [(a)  the type of hearing  | 
         
         
            | 
                
			 | 
            amplification used; | 
         
         
            | 
                
			 | 
                                           [(b)  the period of time in which the  | 
         
         
            | 
                
			 | 
            child has had access to the hearing amplification; and | 
         
         
            | 
                
			 | 
                                           [(c)  the average amount of time the  | 
         
         
            | 
                
			 | 
            child uses the hearing amplification each day; | 
         
         
            | 
                
			 | 
                               [(C)  the tools or assessments used to assess the  | 
         
         
            | 
                
			 | 
            child's language acquisition and the results obtained; | 
         
         
            | 
                
			 | 
                               [(D)  the preferred unique communication mode  | 
         
         
            | 
                
			 | 
            used by the child at home; and | 
         
         
            | 
                
			 | 
                               [(E)  the child's age, race, and gender, the age  | 
         
         
            | 
                
			 | 
            at which the child was identified as being deaf or hard of hearing,  | 
         
         
            | 
                
			 | 
            and any other relevant demographic information the commissioner  | 
         
         
            | 
                
			 | 
            determines to likely be correlated with or have an impact on the  | 
         
         
            | 
                
			 | 
            child's language acquisition; | 
         
         
            | 
                
			 | 
                         [(3)  compare progress in English literacy made by  | 
         
         
            | 
                
			 | 
            children who are deaf or hard of hearing to progress in that subject  | 
         
         
            | 
                
			 | 
            made by children of the same age who are not deaf or hard of hearing,  | 
         
         
            | 
                
			 | 
            by appropriate age range; and | 
         
         
            | 
                
			 | 
                         [(4)  be redacted as necessary to comply with state and  | 
         
         
            | 
                
			 | 
            federal law regarding the confidentiality of student medical or  | 
         
         
            | 
                
			 | 
            educational information]. | 
         
         
            | 
                
			 | 
                   (d)  The commissioner[, the executive commissioner of the  | 
         
         
            | 
                
			 | 
            Health and Human Services Commission, and the center] shall adopt  | 
         
         
            | 
                
			 | 
            rules establishing the assessment data required to be reported  | 
         
         
            | 
                
			 | 
            under Subsection (c) [enter into a memorandum of understanding  | 
         
         
            | 
                
			 | 
            regarding: | 
         
         
            | 
                
			 | 
                         [(1)  the identification of experts in deaf education;  | 
         
         
            | 
                
			 | 
            and | 
         
         
            | 
                
			 | 
                         [(2)  the determination, in consultation with those  | 
         
         
            | 
                
			 | 
            experts, of the tools and assessments that are valid and reliable,  | 
         
         
            | 
                
			 | 
            in both content and administration, for use in assessing the  | 
         
         
            | 
                
			 | 
            language acquisition of children eight years of age or younger who  | 
         
         
            | 
                
			 | 
            are deaf or hard of hearing]. | 
         
         
            | 
                
			 | 
                   (e)  The commissioner shall annually post on the agency's  | 
         
         
            | 
                
			 | 
            Internet website a report on the language acquisition of children  | 
         
         
            | 
                
			 | 
            eight years of age or younger who are deaf or hard of hearing using  | 
         
         
            | 
                
			 | 
            the assessment data reported under Subsection (c) [agency shall use  | 
         
         
            | 
                
			 | 
            existing collected data and data collected and transferred from the  | 
         
         
            | 
                
			 | 
            Department of State Health Services and the Health and Human  | 
         
         
            | 
                
			 | 
            Services Commission, as agreed upon in the memorandum of  | 
         
         
            | 
                
			 | 
            understanding, for the report under this section]. | 
         
         
            | 
                
			 | 
                   (f)  The commissioner shall use the assessment data reported  | 
         
         
            | 
                
			 | 
            under Subsection (c) in determining whether to award a grant under  | 
         
         
            | 
                
			 | 
            Section 29.018 or in seeking federal money available for projects  | 
         
         
            | 
                
			 | 
            aimed at improving outcomes for students with disabilities [and the  | 
         
         
            | 
                
			 | 
            executive commissioner of the Health and Human Services Commission  | 
         
         
            | 
                
			 | 
            jointly shall adopt rules as necessary to implement this section,  | 
         
         
            | 
                
			 | 
            including rules for: | 
         
         
            | 
                
			 | 
                         [(1)  assigning each child eight years of age or  | 
         
         
            | 
                
			 | 
            younger who is deaf or hard of hearing a unique identification  | 
         
         
            | 
                
			 | 
            number for purposes of the report required under Subsection (c) and  | 
         
         
            | 
                
			 | 
            to enable the tracking of the child's language acquisition, and  | 
         
         
            | 
                
			 | 
            factors affecting the child's language acquisition, over time; and | 
         
         
            | 
                
			 | 
                         [(2)  implementing this section in a manner that  | 
         
         
            | 
                
			 | 
            complies with federal law regarding confidentiality of student  | 
         
         
            | 
                
			 | 
            medical or educational information, including the Health Insurance  | 
         
         
            | 
                
			 | 
            Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d  | 
         
         
            | 
                
			 | 
            et seq.) and the Family Educational Rights and Privacy Act of 1974  | 
         
         
            | 
                
			 | 
            (20 U.S.C. Section 1232g), and any state law relating to the privacy  | 
         
         
            | 
                
			 | 
            of student information]. | 
         
         
            | 
                
			 | 
                   SECTION 3.42.  The heading to Section 30.002, Education  | 
         
         
            | 
                
			 | 
            Code, is amended to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 30.002.  STATE PLAN [EDUCATION] FOR CHILDREN WITH  | 
         
         
            | 
                
			 | 
            VISUAL IMPAIRMENTS, WHO ARE DEAF OR HARD OF HEARING, OR WHO ARE  | 
         
         
            | 
                
			 | 
            DEAF-BLIND. | 
         
         
            | 
                
			 | 
                   SECTION 3.43.  Sections 30.002(a), (b), (c), and (e),  | 
         
         
            | 
                
			 | 
            Education Code, are amended to read as follows: | 
         
         
            | 
                
			 | 
                   (a)  The agency shall develop and administer a comprehensive  | 
         
         
            | 
                
			 | 
            statewide plan for the education of children [with visual  | 
         
         
            | 
                
			 | 
            impairments] who are under 22 [21] years of age and who have visual  | 
         
         
            | 
                
			 | 
            impairments, are deaf or hard of hearing, or are deaf-blind that  | 
         
         
            | 
                
			 | 
            will ensure that the children have an opportunity for achievement  | 
         
         
            | 
                
			 | 
            equal to the opportunities afforded their peers who do not have  | 
         
         
            | 
                
			 | 
            visual impairments, are not deaf or hard of hearing, or are not  | 
         
         
            | 
                
			 | 
            deaf-blind [with normal vision]. | 
         
         
            | 
                
			 | 
                   (b)  The agency shall: | 
         
         
            | 
                
			 | 
                         (1)  develop standards and guidelines for all special  | 
         
         
            | 
                
			 | 
            education and related services for children who have visual  | 
         
         
            | 
                
			 | 
            impairments, are deaf or hard of hearing, or are deaf-blind [with  | 
         
         
            | 
                
			 | 
            visual impairments] that it is authorized to provide or support  | 
         
         
            | 
                
			 | 
            under this code and federal law; | 
         
         
            | 
                
			 | 
                         (2)  supervise regional education service centers and  | 
         
         
            | 
                
			 | 
            other entities in assisting school districts in serving children  | 
         
         
            | 
                
			 | 
            who have visual impairments, are deaf or hard of hearing, or are  | 
         
         
            | 
                
			 | 
            deaf-blind [with visual impairments] more effectively; and | 
         
         
            | 
                
			 | 
                         (3)  [develop and administer special education  | 
         
         
            | 
                
			 | 
            services for students with both serious visual and auditory  | 
         
         
            | 
                
			 | 
            impairments; | 
         
         
            | 
                
			 | 
                         [(4)  evaluate special education services provided for  | 
         
         
            | 
                
			 | 
            children with visual impairments by school districts and approve or  | 
         
         
            | 
                
			 | 
            disapprove state funding of those services; and | 
         
         
            | 
                
			 | 
                         [(5)]  maintain an effective liaison between special  | 
         
         
            | 
                
			 | 
            education programs provided for children who have visual  | 
         
         
            | 
                
			 | 
            impairments, are deaf or hard of hearing, or are deaf-blind [with  | 
         
         
            | 
                
			 | 
            visual impairments] by school districts and related initiatives of  | 
         
         
            | 
                
			 | 
            the Health and Human Services Commission, [the Department of State  | 
         
         
            | 
                
			 | 
            Health Services Mental Health and Substance Abuse Division,] the  | 
         
         
            | 
                
			 | 
            Texas Workforce Commission, and other related programs, agencies,  | 
         
         
            | 
                
			 | 
            or facilities as appropriate. | 
         
         
            | 
                
			 | 
                   (c)  The comprehensive statewide plan for the education of  | 
         
         
            | 
                
			 | 
            children who have visual impairments, are deaf or hard of hearing,  | 
         
         
            | 
                
			 | 
            or are deaf-blind [with visual impairments] must: | 
         
         
            | 
                
			 | 
                         (1)  adequately provide for comprehensive diagnosis  | 
         
         
            | 
                
			 | 
            and evaluation of each school-age child who has a visual  | 
         
         
            | 
                
			 | 
            impairment, is deaf or hard of hearing, or is deaf-blind and  | 
         
         
            | 
                
			 | 
            adequately outline the expectations of a school district for such a  | 
         
         
            | 
                
			 | 
            child under three years of age [with a serious visual impairment]; | 
         
         
            | 
                
			 | 
                         (2)  include the procedures, format, and content of the  | 
         
         
            | 
                
			 | 
            individualized education program for each child who has a visual  | 
         
         
            | 
                
			 | 
            impairment, is deaf or hard of hearing, or is deaf-blind [with a  | 
         
         
            | 
                
			 | 
            visual impairment]; | 
         
         
            | 
                
			 | 
                         (3)  emphasize providing educational services to  | 
         
         
            | 
                
			 | 
            children who have visual impairments, are deaf or hard of hearing,  | 
         
         
            | 
                
			 | 
            or are deaf-blind [with visual impairments] in their home  | 
         
         
            | 
                
			 | 
            communities whenever possible; | 
         
         
            | 
                
			 | 
                         (4)  include information regarding the establishment  | 
         
         
            | 
                
			 | 
            of regional day school programs for the deaf under Subchapter D and  | 
         
         
            | 
                
			 | 
            the parameters of those programs [methods to ensure that children  | 
         
         
            | 
                
			 | 
            with visual impairments receiving special education services in  | 
         
         
            | 
                
			 | 
            school districts receive, before being placed in a classroom  | 
         
         
            | 
                
			 | 
            setting or within a reasonable time after placement: | 
         
         
            | 
                
			 | 
                               [(A)  evaluation of the impairment; and | 
         
         
            | 
                
			 | 
                               [(B)  instruction in an expanded core curriculum,  | 
         
         
            | 
                
			 | 
            which is required for students with visual impairments to succeed  | 
         
         
            | 
                
			 | 
            in classroom settings and to derive lasting, practical benefits  | 
         
         
            | 
                
			 | 
            from the education provided by school districts, including  | 
         
         
            | 
                
			 | 
            instruction in: | 
         
         
            | 
                
			 | 
                                     [(i)  compensatory skills, such as braille  | 
         
         
            | 
                
			 | 
            and concept development, and other skills needed to access the rest  | 
         
         
            | 
                
			 | 
            of the curriculum; | 
         
         
            | 
                
			 | 
                                     [(ii)  orientation and mobility; | 
         
         
            | 
                
			 | 
                                     [(iii)  social interaction skills; | 
         
         
            | 
                
			 | 
                                     [(iv)  career planning; | 
         
         
            | 
                
			 | 
                                     [(v)  assistive technology, including  | 
         
         
            | 
                
			 | 
            optical devices; | 
         
         
            | 
                
			 | 
                                     [(vi)  independent living skills; | 
         
         
            | 
                
			 | 
                                     [(vii)  recreation and leisure enjoyment; | 
         
         
            | 
                
			 | 
                                     [(viii)  self-determination; and | 
         
         
            | 
                
			 | 
                                     [(ix)  sensory efficiency]; | 
         
         
            | 
                
			 | 
                         (5)  provide for flexibility on the part of school  | 
         
         
            | 
                
			 | 
            districts to meet the unique [special] needs of children who have  | 
         
         
            | 
                
			 | 
            visual impairments, are deaf or hard of hearing, or are deaf-blind  | 
         
         
            | 
                
			 | 
            [with visual impairments] through: | 
         
         
            | 
                
			 | 
                               (A)  specialty staff and resources provided by the  | 
         
         
            | 
                
			 | 
            district; | 
         
         
            | 
                
			 | 
                               (B)  contractual arrangements with other  | 
         
         
            | 
                
			 | 
            qualified public or private agencies; | 
         
         
            | 
                
			 | 
                               (C)  supportive assistance from regional  | 
         
         
            | 
                
			 | 
            education service centers or adjacent school districts; | 
         
         
            | 
                
			 | 
                               (D)  short-term or long-term services through the  | 
         
         
            | 
                
			 | 
            Texas School for the Blind and Visually Impaired, the Texas School  | 
         
         
            | 
                
			 | 
            for the Deaf, regional day school programs for the deaf, or related  | 
         
         
            | 
                
			 | 
            facilities or programs; or | 
         
         
            | 
                
			 | 
                               (E)  other instructional and service arrangements  | 
         
         
            | 
                
			 | 
            approved by the agency; | 
         
         
            | 
                
			 | 
                         (6)  [include a statewide admission, review, and  | 
         
         
            | 
                
			 | 
            dismissal process; | 
         
         
            | 
                
			 | 
                         [(7)]  provide for effective interaction between the  | 
         
         
            | 
                
			 | 
            [visually impaired child's] classroom setting of the child who has  | 
         
         
            | 
                
			 | 
            a visual impairment, is deaf or hard of hearing, or is deaf-blind  | 
         
         
            | 
                
			 | 
            and the child's home environment, including providing for parental  | 
         
         
            | 
                
			 | 
            training and counseling either by school district staff or by  | 
         
         
            | 
                
			 | 
            representatives of other organizations directly involved in the  | 
         
         
            | 
                
			 | 
            development and implementation of the individualized education  | 
         
         
            | 
                
			 | 
            program for the child; | 
         
         
            | 
                
			 | 
                         (7)  describe recommended and required professional  | 
         
         
            | 
                
			 | 
            development activities based on the special education and related  | 
         
         
            | 
                
			 | 
            services provided by school district staff to children who have  | 
         
         
            | 
                
			 | 
            visual impairments, are deaf or hard of hearing, or are deaf-blind  | 
         
         
            | 
                
			 | 
            [(8)  require the continuing education and professional  | 
         
         
            | 
                
			 | 
            development of school district staff providing special education  | 
         
         
            | 
                
			 | 
            services to children with visual impairments]; | 
         
         
            | 
                
			 | 
                         (8) [(9)]  provide for adequate monitoring and precise  | 
         
         
            | 
                
			 | 
            evaluation of special education services provided to children who  | 
         
         
            | 
                
			 | 
            have visual impairments, are deaf or hard of hearing, or are  | 
         
         
            | 
                
			 | 
            deaf-blind [with visual impairments] through school districts;  | 
         
         
            | 
                
			 | 
            [and] | 
         
         
            | 
                
			 | 
                         (9) [(10)]  require that school districts providing  | 
         
         
            | 
                
			 | 
            special education services to children who have visual impairments,  | 
         
         
            | 
                
			 | 
            are deaf or hard of hearing, or are deaf-blind [with visual  | 
         
         
            | 
                
			 | 
            impairments] develop procedures for assuring that staff assigned to  | 
         
         
            | 
                
			 | 
            work with the children have prompt and effective access directly to  | 
         
         
            | 
                
			 | 
            resources available through: | 
         
         
            | 
                
			 | 
                               (A)  cooperating agencies in the area; | 
         
         
            | 
                
			 | 
                               (B)  the Texas School for the Blind and Visually  | 
         
         
            | 
                
			 | 
            Impaired; | 
         
         
            | 
                
			 | 
                               (C)  the Texas School for the Deaf; | 
         
         
            | 
                
			 | 
                               (D)  the statewide outreach center at the Texas  | 
         
         
            | 
                
			 | 
            School for the Deaf; | 
         
         
            | 
                
			 | 
                               (E)  the Central Media Depository for specialized  | 
         
         
            | 
                
			 | 
            instructional materials and aids made specifically for use by  | 
         
         
            | 
                
			 | 
            students with visual impairments; | 
         
         
            | 
                
			 | 
                               (F) [(D)]  sheltered workshops participating in  | 
         
         
            | 
                
			 | 
            the state program of purchases of blind-made goods and services;  | 
         
         
            | 
                
			 | 
            and | 
         
         
            | 
                
			 | 
                               (G) [(E)]  related sources; and | 
         
         
            | 
                
			 | 
                         (10)  assist in the coordination of educational  | 
         
         
            | 
                
			 | 
            programs with other public and private agencies, including: | 
         
         
            | 
                
			 | 
                               (A)  agencies operating early childhood  | 
         
         
            | 
                
			 | 
            intervention programs; | 
         
         
            | 
                
			 | 
                               (B)  preschools; | 
         
         
            | 
                
			 | 
                               (C)  agencies operating child development  | 
         
         
            | 
                
			 | 
            programs; | 
         
         
            | 
                
			 | 
                               (D)  private nonsectarian schools; | 
         
         
            | 
                
			 | 
                               (E)  agencies operating regional occupational  | 
         
         
            | 
                
			 | 
            centers and programs; and | 
         
         
            | 
                
			 | 
                               (F)  as appropriate, postsecondary and adult  | 
         
         
            | 
                
			 | 
            programs for persons who are deaf or hard of hearing. | 
         
         
            | 
                
			 | 
                   (e)  Each eligible [blind or visually impaired] student who  | 
         
         
            | 
                
			 | 
            has a visual impairment, is deaf or hard of hearing, or is  | 
         
         
            | 
                
			 | 
            deaf-blind is entitled to receive educational programs according to  | 
         
         
            | 
                
			 | 
            an individualized education program that: | 
         
         
            | 
                
			 | 
                         (1)  is developed in accordance with federal and state  | 
         
         
            | 
                
			 | 
            requirements for providing special education services; | 
         
         
            | 
                
			 | 
                         (2)  is developed by a committee composed as required  | 
         
         
            | 
                
			 | 
            by federal law; | 
         
         
            | 
                
			 | 
                         (3)  reflects that the student has been provided a  | 
         
         
            | 
                
			 | 
            detailed explanation of the various service resources available to  | 
         
         
            | 
                
			 | 
            the student in the community and throughout the state; | 
         
         
            | 
                
			 | 
                         (4)  provides a detailed description of the  | 
         
         
            | 
                
			 | 
            arrangements made to provide the student with the evaluation and  | 
         
         
            | 
                
			 | 
            instruction required under this subchapter and Subchapter A,  | 
         
         
            | 
                
			 | 
            Chapter 29 [Subsection (c)(4)]; and | 
         
         
            | 
                
			 | 
                         (5)  sets forth the plans and arrangements made for  | 
         
         
            | 
                
			 | 
            contacts with and continuing services to the student beyond regular  | 
         
         
            | 
                
			 | 
            school hours to ensure the student learns the skills and receives  | 
         
         
            | 
                
			 | 
            the instruction required under this subchapter and Subchapter A,  | 
         
         
            | 
                
			 | 
            Chapter 29 [Subsection (c)(4)(B)]. | 
         
         
            | 
                
			 | 
                   SECTION 3.44.  Subchapter A, Chapter 30, Education Code, is  | 
         
         
            | 
                
			 | 
            amended by adding Section 30.0021 to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 30.0021.  REQUIREMENTS FOR CHILDREN WITH VISUAL  | 
         
         
            | 
                
			 | 
            IMPAIRMENTS.  (a) Each child with a visual impairment must receive  | 
         
         
            | 
                
			 | 
            instruction in an expanded core curriculum required for children  | 
         
         
            | 
                
			 | 
            with visual impairments to succeed in classroom settings and to  | 
         
         
            | 
                
			 | 
            derive lasting, practical benefits from education in a school  | 
         
         
            | 
                
			 | 
            district, including instruction in: | 
         
         
            | 
                
			 | 
                         (1)  compensatory skills, such as braille and concept  | 
         
         
            | 
                
			 | 
            development, and other skills necessary to access the rest of the  | 
         
         
            | 
                
			 | 
            curriculum; | 
         
         
            | 
                
			 | 
                         (2)  orientation and mobility; | 
         
         
            | 
                
			 | 
                         (3)  social interaction skills; | 
         
         
            | 
                
			 | 
                         (4)  career education; | 
         
         
            | 
                
			 | 
                         (5)  assistive technology, including optical devices; | 
         
         
            | 
                
			 | 
                         (6)  independent living skills; | 
         
         
            | 
                
			 | 
                         (7)  recreation and leisure enjoyment; | 
         
         
            | 
                
			 | 
                         (8)  self-determination; and | 
         
         
            | 
                
			 | 
                         (9)  sensory efficiency. | 
         
         
            | 
                
			 | 
                   (b)  To determine a child's eligibility for a school  | 
         
         
            | 
                
			 | 
            district's special education program under Subchapter A, Chapter  | 
         
         
            | 
                
			 | 
            29, on the basis of a visual impairment, the full individual and  | 
         
         
            | 
                
			 | 
            initial evaluation of the child under Section 29.004 and any  | 
         
         
            | 
                
			 | 
            reevaluation of the child must, in accordance with commissioner  | 
         
         
            | 
                
			 | 
            rule: | 
         
         
            | 
                
			 | 
                         (1)  include an orientation and mobility evaluation  | 
         
         
            | 
                
			 | 
            conducted: | 
         
         
            | 
                
			 | 
                               (A)  by a person who is appropriately certified as  | 
         
         
            | 
                
			 | 
            an orientation and mobility specialist, as determined by  | 
         
         
            | 
                
			 | 
            commissioner rule; and | 
         
         
            | 
                
			 | 
                               (B)  in a variety of lighting conditions and  | 
         
         
            | 
                
			 | 
            settings, including in the child's home, school, and community and  | 
         
         
            | 
                
			 | 
            in settings unfamiliar to the child; and | 
         
         
            | 
                
			 | 
                         (2)  provide for a person who is appropriately  | 
         
         
            | 
                
			 | 
            certified as an orientation and mobility specialist, as determined  | 
         
         
            | 
                
			 | 
            by commissioner rule, to participate, as part of a  | 
         
         
            | 
                
			 | 
            multidisciplinary team, in evaluating the data on which the  | 
         
         
            | 
                
			 | 
            determination of the child's eligibility is based. | 
         
         
            | 
                
			 | 
                   (c)  In developing an individualized education program under  | 
         
         
            | 
                
			 | 
            Section 29.005 for a child with a visual impairment, proficiency in  | 
         
         
            | 
                
			 | 
            reading and writing must be a significant indicator of the child's  | 
         
         
            | 
                
			 | 
            satisfactory educational progress.  The individualized education  | 
         
         
            | 
                
			 | 
            program must include instruction in braille and the use of braille  | 
         
         
            | 
                
			 | 
            unless the child's admission, review, and dismissal committee  | 
         
         
            | 
                
			 | 
            documents a determination, based on an evaluation of the child's  | 
         
         
            | 
                
			 | 
            appropriate literacy media and literacy skills and the child's  | 
         
         
            | 
                
			 | 
            current and future instructional needs, that braille is not an  | 
         
         
            | 
                
			 | 
            appropriate literacy medium for the child. | 
         
         
            | 
                
			 | 
                   (d)  Braille instruction: | 
         
         
            | 
                
			 | 
                         (1)  may be used in combination with other special  | 
         
         
            | 
                
			 | 
            education services appropriate to the educational needs of a child  | 
         
         
            | 
                
			 | 
            with a visual impairment; and | 
         
         
            | 
                
			 | 
                         (2)  must be provided by a teacher certified to teach  | 
         
         
            | 
                
			 | 
            children with visual impairments under Subchapter B, Chapter 21. | 
         
         
            | 
                
			 | 
                   (e)  A school district shall provide to each person assisting  | 
         
         
            | 
                
			 | 
            in the development of an individualized education program for a  | 
         
         
            | 
                
			 | 
            child with a visual impairment information describing the benefits  | 
         
         
            | 
                
			 | 
            of braille instruction. | 
         
         
            | 
                
			 | 
                   (f)  To facilitate implementation of this section, the  | 
         
         
            | 
                
			 | 
            commissioner shall develop a system to distribute from the  | 
         
         
            | 
                
			 | 
            foundation school fund to school districts or regional education  | 
         
         
            | 
                
			 | 
            service centers a special supplemental allowance for each student  | 
         
         
            | 
                
			 | 
            with a visual impairment.  The supplemental allowance may be spent  | 
         
         
            | 
                
			 | 
            only for special education services uniquely required by the nature  | 
         
         
            | 
                
			 | 
            of the child's disabilities and may not be used in lieu of  | 
         
         
            | 
                
			 | 
            educational funds otherwise available under this code or through  | 
         
         
            | 
                
			 | 
            state or local appropriations. | 
         
         
            | 
                
			 | 
                   SECTION 3.45.  Section 30.003, Education Code, is amended by  | 
         
         
            | 
                
			 | 
            amending Subsections (b), (d), (f-1), and (g) and adding Subsection  | 
         
         
            | 
                
			 | 
            (b-1) to read as follows: | 
         
         
            | 
                
			 | 
                   (b)  If the student is admitted to the school for a full-time  | 
         
         
            | 
                
			 | 
            program for the equivalent of two long semesters, the district's  | 
         
         
            | 
                
			 | 
            share of the cost is an amount equal to the dollar amount of  | 
         
         
            | 
                
			 | 
            maintenance and debt service taxes imposed by the district for that  | 
         
         
            | 
                
			 | 
            year, subject to Subsection (b-1), divided by the district's  | 
         
         
            | 
                
			 | 
            average daily attendance for the preceding year. | 
         
         
            | 
                
			 | 
                   (b-1)  The commissioner shall reduce the amount of  | 
         
         
            | 
                
			 | 
            maintenance taxes imposed by the district that are obligated to be  | 
         
         
            | 
                
			 | 
            paid under Subsection (b) for a year by the amount, if any, by which  | 
         
         
            | 
                
			 | 
            the district is required to reduce the district's local revenue  | 
         
         
            | 
                
			 | 
            level under Section 48.257 for that year. | 
         
         
            | 
                
			 | 
                   (d)  Each school district and state institution shall  | 
         
         
            | 
                
			 | 
            provide to the commissioner the necessary information to determine  | 
         
         
            | 
                
			 | 
            the district's share under this section.  The information must be  | 
         
         
            | 
                
			 | 
            reported to the commissioner on or before a date set by commissioner | 
         
         
            | 
                
			 | 
            rule [of the State Board of Education].  After determining the  | 
         
         
            | 
                
			 | 
            amount of a district's share for all students for which the district  | 
         
         
            | 
                
			 | 
            is responsible, the commissioner shall deduct that amount from the  | 
         
         
            | 
                
			 | 
            payments of foundation school funds payable to the district.  Each  | 
         
         
            | 
                
			 | 
            deduction shall be in the same percentage of the total amount of the  | 
         
         
            | 
                
			 | 
            district's share as the percentage of the total foundation school  | 
         
         
            | 
                
			 | 
            fund entitlement being paid to the district at the time of the  | 
         
         
            | 
                
			 | 
            deduction, except that the amount of any deduction may be modified  | 
         
         
            | 
                
			 | 
            to make necessary adjustments or to correct errors.  The  | 
         
         
            | 
                
			 | 
            commissioner shall provide for remitting the amount deducted to the  | 
         
         
            | 
                
			 | 
            appropriate school at the same time at which the remaining funds are  | 
         
         
            | 
                
			 | 
            distributed to the district.  If a district does not receive  | 
         
         
            | 
                
			 | 
            foundation school funds or if a district's foundation school  | 
         
         
            | 
                
			 | 
            entitlement is less than the amount of the district's share under  | 
         
         
            | 
                
			 | 
            this section, the commissioner shall direct the district to remit  | 
         
         
            | 
                
			 | 
            payment to the commissioner, and the commissioner shall remit the  | 
         
         
            | 
                
			 | 
            district's share to the appropriate school. | 
         
         
            | 
                
			 | 
                   (f-1)  The commissioner shall determine the total amount  | 
         
         
            | 
                
			 | 
            that the Texas School for the Blind and Visually Impaired and the  | 
         
         
            | 
                
			 | 
            Texas School for the Deaf would have received from school districts  | 
         
         
            | 
                
			 | 
            in accordance with this section if the following provisions had not  | 
         
         
            | 
                
			 | 
            reduced the districts' share of the cost of providing education  | 
         
         
            | 
                
			 | 
            services: | 
         
         
            | 
                
			 | 
                         (1)  H.B. No. 1, Acts of the 79th Legislature, 3rd  | 
         
         
            | 
                
			 | 
            Called Session, 2006; | 
         
         
            | 
                
			 | 
                         (2)  Subsection (b-1) of this section; | 
         
         
            | 
                
			 | 
                         (3)  Section 45.0032; | 
         
         
            | 
                
			 | 
                         (4) [(3)]  Section 48.255; and | 
         
         
            | 
                
			 | 
                         (5) [(4)]  Section 48.2551. | 
         
         
            | 
                
			 | 
                   (g)  The commissioner [State Board of Education] may adopt  | 
         
         
            | 
                
			 | 
            rules as necessary to implement this section. | 
         
         
            | 
                
			 | 
                   SECTION 3.46.  Section 30.004(b), Education Code, is amended  | 
         
         
            | 
                
			 | 
            to read as follows: | 
         
         
            | 
                
			 | 
                   (b)  The commissioner [State Board of Education] shall adopt  | 
         
         
            | 
                
			 | 
            rules prescribing the form and content of information required by  | 
         
         
            | 
                
			 | 
            Subsection (a). | 
         
         
            | 
                
			 | 
                   SECTION 3.47.  Section 30.005, Education Code, is amended to  | 
         
         
            | 
                
			 | 
            read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 30.005.  TEXAS SCHOOL FOR THE BLIND AND VISUALLY  | 
         
         
            | 
                
			 | 
            IMPAIRED MEMORANDUM OF UNDERSTANDING.  The Texas Education Agency  | 
         
         
            | 
                
			 | 
            and the Texas School for the Blind and Visually Impaired shall  | 
         
         
            | 
                
			 | 
            develop[, agree to, and by commissioner rule adopt] a memorandum of  | 
         
         
            | 
                
			 | 
            understanding to establish: | 
         
         
            | 
                
			 | 
                         (1)  the method for developing and reevaluating a set  | 
         
         
            | 
                
			 | 
            of indicators of the quality of learning at the Texas School for the  | 
         
         
            | 
                
			 | 
            Blind and Visually Impaired; | 
         
         
            | 
                
			 | 
                         (2)  the process for the agency to conduct and report on  | 
         
         
            | 
                
			 | 
            an annual evaluation of the school's performance on the indicators; | 
         
         
            | 
                
			 | 
                         (3)  the requirements for the school's board to  | 
         
         
            | 
                
			 | 
            publish, discuss, and disseminate an annual report describing the  | 
         
         
            | 
                
			 | 
            educational performance of the school; and | 
         
         
            | 
                
			 | 
                         (4)  [the process for the agency to: | 
         
         
            | 
                
			 | 
                               [(A)  assign an accreditation status to the  | 
         
         
            | 
                
			 | 
            school; | 
         
         
            | 
                
			 | 
                               [(B)  reevaluate the status on an annual basis;  | 
         
         
            | 
                
			 | 
            and | 
         
         
            | 
                
			 | 
                               [(C)  if necessary, conduct monitoring reviews;  | 
         
         
            | 
                
			 | 
            and | 
         
         
            | 
                
			 | 
                         [(5)]  the type of information the school shall be  | 
         
         
            | 
                
			 | 
            required to provide through the Public Education Information  | 
         
         
            | 
                
			 | 
            Management System (PEIMS). | 
         
         
            | 
                
			 | 
                   SECTION 3.48.  Section 30.021(e), Education Code, is amended  | 
         
         
            | 
                
			 | 
            to read as follows: | 
         
         
            | 
                
			 | 
                   (e)  The school shall cooperate with public and private  | 
         
         
            | 
                
			 | 
            agencies and organizations serving students and other persons with  | 
         
         
            | 
                
			 | 
            visual impairments in the planning, development, and  | 
         
         
            | 
                
			 | 
            implementation of effective educational and rehabilitative service  | 
         
         
            | 
                
			 | 
            delivery systems associated with educating students with visual  | 
         
         
            | 
                
			 | 
            impairments.  To maximize and make efficient use of state  | 
         
         
            | 
                
			 | 
            facilities, funding, and resources, the services provided in this  | 
         
         
            | 
                
			 | 
            area may include conducting a cooperative program with other  | 
         
         
            | 
                
			 | 
            agencies to serve students who have graduated from high school by  | 
         
         
            | 
                
			 | 
            completing all academic requirements applicable to students in  | 
         
         
            | 
                
			 | 
            general [regular] education, excluding satisfactory performance  | 
         
         
            | 
                
			 | 
            under Section 39.025, who are younger than 22 years of age on  | 
         
         
            | 
                
			 | 
            September 1 of the school year and who have identified needs related  | 
         
         
            | 
                
			 | 
            to vocational training, independent living skills, orientation and  | 
         
         
            | 
                
			 | 
            mobility, social and leisure skills, compensatory skills, or  | 
         
         
            | 
                
			 | 
            remedial academic skills. | 
         
         
            | 
                
			 | 
                   SECTION 3.49.  Section 30.081, Education Code, is amended to  | 
         
         
            | 
                
			 | 
            read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 30.081.  LEGISLATIVE INTENT CONCERNING REGIONAL DAY  | 
         
         
            | 
                
			 | 
            SCHOOLS FOR THE DEAF.  The legislature, by this subchapter, intends  | 
         
         
            | 
                
			 | 
            to continue a process of providing on a statewide basis a suitable  | 
         
         
            | 
                
			 | 
            education to deaf or hard of hearing students who are under 22 [21]  | 
         
         
            | 
                
			 | 
            years of age and assuring that those students have the opportunity  | 
         
         
            | 
                
			 | 
            to become independent citizens. | 
         
         
            | 
                
			 | 
                   SECTION 3.50.  Section 30.083, Education Code, is amended to  | 
         
         
            | 
                
			 | 
            read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 30.083.  STATEWIDE PLAN.  [(a)]  The director of  | 
         
         
            | 
                
			 | 
            services shall develop and administer a comprehensive statewide  | 
         
         
            | 
                
			 | 
            plan for educational services for students who are deaf or hard of  | 
         
         
            | 
                
			 | 
            hearing and receive special education and related services through  | 
         
         
            | 
                
			 | 
            a regional day school program for the deaf[, including continuing  | 
         
         
            | 
                
			 | 
            diagnosis and evaluation, counseling, and teaching].  The plan  | 
         
         
            | 
                
			 | 
            shall be included as part of the comprehensive state plan under  | 
         
         
            | 
                
			 | 
            Section 30.002 [designed to accomplish the following objectives: | 
         
         
            | 
                
			 | 
                         [(1)  providing assistance and counseling to parents of  | 
         
         
            | 
                
			 | 
            students who are deaf or hard of hearing in regional day school  | 
         
         
            | 
                
			 | 
            programs for the deaf and admitting to the programs students who  | 
         
         
            | 
                
			 | 
            have a hearing loss that interferes with the processing of  | 
         
         
            | 
                
			 | 
            linguistic information; | 
         
         
            | 
                
			 | 
                         [(2)  enabling students who are deaf or hard of hearing  | 
         
         
            | 
                
			 | 
            to reside with their parents or guardians and be provided an  | 
         
         
            | 
                
			 | 
            appropriate education in their home school districts or in regional  | 
         
         
            | 
                
			 | 
            day school programs for the deaf; | 
         
         
            | 
                
			 | 
                         [(3)  enabling students who are deaf or hard of hearing  | 
         
         
            | 
                
			 | 
            who are unable to attend schools at their place of residence and  | 
         
         
            | 
                
			 | 
            whose parents or guardians live too far from facilities of regional  | 
         
         
            | 
                
			 | 
            day school programs for the deaf for daily commuting to be  | 
         
         
            | 
                
			 | 
            accommodated in foster homes or other residential school facilities  | 
         
         
            | 
                
			 | 
            provided for by the agency so that those children may attend a  | 
         
         
            | 
                
			 | 
            regional day school program for the deaf; | 
         
         
            | 
                
			 | 
                         [(4)  enrolling in the Texas School for the Deaf those  | 
         
         
            | 
                
			 | 
            students who are deaf or hard of hearing whose needs can best be met  | 
         
         
            | 
                
			 | 
            in that school and designating the Texas School for the Deaf as the  | 
         
         
            | 
                
			 | 
            statewide educational resource for students who are deaf or hard of  | 
         
         
            | 
                
			 | 
            hearing; | 
         
         
            | 
                
			 | 
                         [(5)  encouraging students in regional day school  | 
         
         
            | 
                
			 | 
            programs for the deaf to attend general education classes on a  | 
         
         
            | 
                
			 | 
            part-time, full-time, or trial basis; and | 
         
         
            | 
                
			 | 
                         [(6)  recognizing the need for development of language  | 
         
         
            | 
                
			 | 
            and communications abilities in students who are deaf or hard of  | 
         
         
            | 
                
			 | 
            hearing, but also calling for the use of methods of communication  | 
         
         
            | 
                
			 | 
            that will meet the needs of each individual student, with each  | 
         
         
            | 
                
			 | 
            student assessed thoroughly so as to ascertain the student's  | 
         
         
            | 
                
			 | 
            potential for communications through a variety of means, including  | 
         
         
            | 
                
			 | 
            through oral or aural means, fingerspelling, or sign language]. | 
         
         
            | 
                
			 | 
                   [(b)  The director of services may establish separate  | 
         
         
            | 
                
			 | 
            programs to accommodate diverse communication methodologies.] | 
         
         
            | 
                
			 | 
                   SECTION 3.51.  Section 37.146(a), Education Code, is amended  | 
         
         
            | 
                
			 | 
            to read as follows: | 
         
         
            | 
                
			 | 
                   (a)  A complaint alleging the commission of a school offense  | 
         
         
            | 
                
			 | 
            must, in addition to the requirements imposed by Article 45A.101,  | 
         
         
            | 
                
			 | 
            Code of Criminal Procedure: | 
         
         
            | 
                
			 | 
                         (1)  be sworn to by a person who has personal knowledge  | 
         
         
            | 
                
			 | 
            of the underlying facts giving rise to probable cause to believe  | 
         
         
            | 
                
			 | 
            that an offense has been committed; and | 
         
         
            | 
                
			 | 
                         (2)  be accompanied by a statement from a school  | 
         
         
            | 
                
			 | 
            employee stating: | 
         
         
            | 
                
			 | 
                               (A)  whether the child is eligible for or receives  | 
         
         
            | 
                
			 | 
            special education services under Subchapter A, Chapter 29; and | 
         
         
            | 
                
			 | 
                               (B)  the graduated sanctions, if required under  | 
         
         
            | 
                
			 | 
            Section 37.144, that were imposed on the child before the complaint  | 
         
         
            | 
                
			 | 
            was filed. | 
         
         
            | 
                
			 | 
                   SECTION 3.52.  Section 38.003(c-1), Education Code, is  | 
         
         
            | 
                
			 | 
            amended to read as follows: | 
         
         
            | 
                
			 | 
                   (c-1)  The agency by rule shall develop procedures designed  | 
         
         
            | 
                
			 | 
            to allow the agency to: | 
         
         
            | 
                
			 | 
                         (1)  effectively audit and monitor and periodically  | 
         
         
            | 
                
			 | 
            conduct site visits of all school districts to ensure that  | 
         
         
            | 
                
			 | 
            districts are complying with this section, including the program  | 
         
         
            | 
                
			 | 
            approved by the State Board of Education under this section; | 
         
         
            | 
                
			 | 
                         (2)  identify any problems school districts experience  | 
         
         
            | 
                
			 | 
            in complying with this section, including the program approved by  | 
         
         
            | 
                
			 | 
            the State Board of Education under this section; | 
         
         
            | 
                
			 | 
                         (3)  develop reasonable and appropriate remedial  | 
         
         
            | 
                
			 | 
            strategies to address school district noncompliance and ensure the  | 
         
         
            | 
                
			 | 
            purposes of this section are accomplished, which may include the  | 
         
         
            | 
                
			 | 
            publication of a recommended evidence-based dyslexia program list;  | 
         
         
            | 
                
			 | 
            [and] | 
         
         
            | 
                
			 | 
                         (4)  solicit input from parents of students enrolled in  | 
         
         
            | 
                
			 | 
            a school district during the auditing and monitoring of the  | 
         
         
            | 
                
			 | 
            district under Subdivision (1) regarding the district's  | 
         
         
            | 
                
			 | 
            implementation of the program approved by the State Board of  | 
         
         
            | 
                
			 | 
            Education under this section; and | 
         
         
            | 
                
			 | 
                         (5)  engage in general supervision activities,  | 
         
         
            | 
                
			 | 
            including activities under the comprehensive system for monitoring  | 
         
         
            | 
                
			 | 
            described by Section 29.010, to ensure school district compliance  | 
         
         
            | 
                
			 | 
            with the program approved by the State Board of Education under this  | 
         
         
            | 
                
			 | 
            section and Part B, Individuals with Disabilities Education Act (20  | 
         
         
            | 
                
			 | 
            U.S.C. Section 1411 et seq.). | 
         
         
            | 
                
			 | 
                   SECTION 3.53.  Section 48.009(b), Education Code, is amended  | 
         
         
            | 
                
			 | 
            to read as follows: | 
         
         
            | 
                
			 | 
                   (b)  The commissioner by rule shall require each school  | 
         
         
            | 
                
			 | 
            district and open-enrollment charter school to report through the  | 
         
         
            | 
                
			 | 
            Public Education Information Management System information  | 
         
         
            | 
                
			 | 
            regarding: | 
         
         
            | 
                
			 | 
                         (1)  the number of students enrolled in the district or  | 
         
         
            | 
                
			 | 
            school who are identified as having dyslexia; | 
         
         
            | 
                
			 | 
                         (2)  the availability of school counselors, including  | 
         
         
            | 
                
			 | 
            the number of full-time equivalent school counselors, at each  | 
         
         
            | 
                
			 | 
            campus; | 
         
         
            | 
                
			 | 
                         (3)  the availability of expanded learning  | 
         
         
            | 
                
			 | 
            opportunities as described by Section 33.252 at each campus; | 
         
         
            | 
                
			 | 
                         (4)  the total number of students, other than students  | 
         
         
            | 
                
			 | 
            described by Subdivision (5), enrolled in the district or school  | 
         
         
            | 
                
			 | 
            with whom the district or school, as applicable, used intervention  | 
         
         
            | 
                
			 | 
            strategies, as that term is defined by Section 26.004, at any time  | 
         
         
            | 
                
			 | 
            during the year for which the report is made; | 
         
         
            | 
                
			 | 
                         (5)  the total number of students enrolled in the  | 
         
         
            | 
                
			 | 
            district or school to whom the district or school provided aids,  | 
         
         
            | 
                
			 | 
            accommodations, or services under Section 504, Rehabilitation Act  | 
         
         
            | 
                
			 | 
            of 1973 (29 U.S.C. Section 794), at any time during the year for  | 
         
         
            | 
                
			 | 
            which the report is made; | 
         
         
            | 
                
			 | 
                         (6)  disaggregated by campus and grade, the number of: | 
         
         
            | 
                
			 | 
                               (A)  children who are required to attend school  | 
         
         
            | 
                
			 | 
            under Section 25.085, are not exempted under Section 25.086, and  | 
         
         
            | 
                
			 | 
            fail to attend school without excuse for 10 or more days or parts of  | 
         
         
            | 
                
			 | 
            days within a six-month period in the same school year; | 
         
         
            | 
                
			 | 
                               (B)  students for whom the district initiates a  | 
         
         
            | 
                
			 | 
            truancy prevention measure under Section 25.0915(a-4); and | 
         
         
            | 
                
			 | 
                               (C)  parents of students against whom an  | 
         
         
            | 
                
			 | 
            attendance officer or other appropriate school official has filed a  | 
         
         
            | 
                
			 | 
            complaint under Section 25.093; [and] | 
         
         
            | 
                
			 | 
                         (7)  the number of students who are enrolled in a high  | 
         
         
            | 
                
			 | 
            school equivalency program, a dropout recovery school, or an adult  | 
         
         
            | 
                
			 | 
            education program provided under a high school diploma and industry  | 
         
         
            | 
                
			 | 
            certification charter school program provided by the district or  | 
         
         
            | 
                
			 | 
            school and who: | 
         
         
            | 
                
			 | 
                               (A)  are at least 18 years of age and under 26  | 
         
         
            | 
                
			 | 
            years of age; | 
         
         
            | 
                
			 | 
                               (B)  have not previously been reported to the  | 
         
         
            | 
                
			 | 
            agency as dropouts; and | 
         
         
            | 
                
			 | 
                               (C)  enroll in the program at the district or  | 
         
         
            | 
                
			 | 
            school after not attending school for a period of at least nine  | 
         
         
            | 
                
			 | 
            months; and | 
         
         
            | 
                
			 | 
                         (8)  students enrolled in a special education program  | 
         
         
            | 
                
			 | 
            under Subchapter A, Chapter 29, as necessary for the agency to  | 
         
         
            | 
                
			 | 
            adequately perform general supervision activities and determine  | 
         
         
            | 
                
			 | 
            funding under Sections 48.102 and 48.1021. | 
         
         
            | 
                
			 | 
                   SECTION 3.54.  Subchapter A, Chapter 48, Education Code, is  | 
         
         
            | 
                
			 | 
            amended by adding Section 48.011 to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 48.011.  COMMISSIONER AUTHORITY TO RESOLVE UNINTENDED  | 
         
         
            | 
                
			 | 
            CONSEQUENCES.  (a)  Subject to Subsection (b), the commissioner  | 
         
         
            | 
                
			 | 
            may, as necessary to implement changes made by the legislature to  | 
         
         
            | 
                
			 | 
            public school finance and school district maintenance and  | 
         
         
            | 
                
			 | 
            operations tax rates during the preceding four state fiscal years: | 
         
         
            | 
                
			 | 
                         (1)  adjust a school district's entitlement under this  | 
         
         
            | 
                
			 | 
            chapter if the funding formulas used to determine the district's  | 
         
         
            | 
                
			 | 
            entitlement result in an unanticipated loss, gain, or other result  | 
         
         
            | 
                
			 | 
            for a school district; and | 
         
         
            | 
                
			 | 
                         (2)  modify dates relating to the adoption of a school  | 
         
         
            | 
                
			 | 
            district's maintenance and operations tax rate and, if applicable,  | 
         
         
            | 
                
			 | 
            an election required for the district to adopt that tax rate. | 
         
         
            | 
                
			 | 
                   (b)  Before making an adjustment under Subsection (a), the  | 
         
         
            | 
                
			 | 
            commissioner shall notify and must receive approval from the  | 
         
         
            | 
                
			 | 
            Legislative Budget Board and the office of the governor. | 
         
         
            | 
                
			 | 
                   (c)  If the commissioner makes an adjustment under  | 
         
         
            | 
                
			 | 
            Subsection (a), the commissioner must provide to the legislature an  | 
         
         
            | 
                
			 | 
            explanation regarding the changes necessary to resolve the  | 
         
         
            | 
                
			 | 
            unintended consequences. | 
         
         
            | 
                
			 | 
                   SECTION 3.55.  Section 48.102, Education Code, is amended to  | 
         
         
            | 
                
			 | 
            read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 48.102.  SPECIAL EDUCATION.  (a)  For each student in  | 
         
         
            | 
                
			 | 
            average daily attendance in a special education program under  | 
         
         
            | 
                
			 | 
            Subchapter A, Chapter 29, [in a mainstream instructional  | 
         
         
            | 
                
			 | 
            arrangement,] 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 [1.15]. | 
         
         
            | 
                
			 | 
                   (a-1)  Notwithstanding Subsection (a), for the 2025-2026 and  | 
         
         
            | 
                
			 | 
            2026-2027 school years, the amount of an allotment under this  | 
         
         
            | 
                
			 | 
            section shall be determined in accordance with Section 48.1022.   | 
         
         
            | 
                
			 | 
            This subsection expires September 1, 2027.  [For each full-time  | 
         
         
            | 
                
			 | 
            equivalent student in average daily attendance in a special  | 
         
         
            | 
                
			 | 
            education program under Subchapter A, Chapter 29, in an  | 
         
         
            | 
                
			 | 
            instructional arrangement other than a mainstream instructional  | 
         
         
            | 
                
			 | 
            arrangement, a 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 determined according  | 
         
         
            | 
                
			 | 
            to instructional arrangement as follows: | 
         
         
            | 
                
			 | 
                         [Homebound  5.0 | 
         
         
            | 
                
			 | 
                         [Hospital class  3.0 | 
         
         
            | 
                
			 | 
                         [Speech therapy  5.0 | 
         
         
            | 
                
			 | 
                         [Resource room  3.0 | 
         
         
            | 
                
			 | 
                         [Self-contained, mild and moderate, regular campus  3.0 | 
         
         
            | 
                
			 | 
                         [Self-contained, severe, regular campus  3.0 | 
         
         
            | 
                
			 | 
                         [Off home campus  2.7 | 
         
         
            | 
                
			 | 
                         [Nonpublic day school  1.7 | 
         
         
            | 
                
			 | 
                         [Vocational adjustment class  2.3] | 
         
         
            | 
                
			 | 
                   (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  [A special instructional arrangement for students  | 
         
         
            | 
                
			 | 
            with disabilities residing in care and treatment facilities, other  | 
         
         
            | 
                
			 | 
            than state schools, whose parents or guardians do not reside in the  | 
         
         
            | 
                
			 | 
            district providing education services shall be established by  | 
         
         
            | 
                
			 | 
            commissioner rule.  The funding weight for this arrangement shall  | 
         
         
            | 
                
			 | 
            be 4.0 for those students who receive their education service on a  | 
         
         
            | 
                
			 | 
            local school district campus.  A special instructional arrangement  | 
         
         
            | 
                
			 | 
            for students with disabilities residing in state schools shall be  | 
         
         
            | 
                
			 | 
            established by commissioner rule with a funding weight of 2.8]. | 
         
         
            | 
                
			 | 
                   (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 | 
         
         
            | 
                
			 | 
                         (4)  any equipment or technology required for the  | 
         
         
            | 
                
			 | 
            services [For funding purposes, the number of contact hours  | 
         
         
            | 
                
			 | 
            credited per day for each student in the off home campus  | 
         
         
            | 
                
			 | 
            instructional arrangement may not exceed the contact hours credited  | 
         
         
            | 
                
			 | 
            per day for the multidistrict class instructional arrangement in  | 
         
         
            | 
                
			 | 
            the 1992-1993 school year]. | 
         
         
            | 
                
			 | 
                   (d)  [For funding purposes the contact hours credited per day  | 
         
         
            | 
                
			 | 
            for each student in the resource room; self-contained, mild and  | 
         
         
            | 
                
			 | 
            moderate; and self-contained, severe, instructional arrangements  | 
         
         
            | 
                
			 | 
            may not exceed the average of the statewide total contact hours  | 
         
         
            | 
                
			 | 
            credited per day for those three instructional arrangements in the  | 
         
         
            | 
                
			 | 
            1992-1993 school year. | 
         
         
            | 
                
			 | 
                   [(e)  The commissioner by rule shall prescribe the  | 
         
         
            | 
                
			 | 
            qualifications an instructional arrangement must meet in order to  | 
         
         
            | 
                
			 | 
            be funded as a particular instructional arrangement under this  | 
         
         
            | 
                
			 | 
            section.  In prescribing the qualifications that a mainstream  | 
         
         
            | 
                
			 | 
            instructional arrangement must meet, the commissioner shall  | 
         
         
            | 
                
			 | 
            establish requirements that students with disabilities and their  | 
         
         
            | 
                
			 | 
            teachers receive the direct, indirect, and support services that  | 
         
         
            | 
                
			 | 
            are necessary to enrich the regular classroom and enable student  | 
         
         
            | 
                
			 | 
            success. | 
         
         
            | 
                
			 | 
                   [(f)  In this section, "full-time equivalent student" means  | 
         
         
            | 
                
			 | 
            30 hours of contact a week between a special education student and  | 
         
         
            | 
                
			 | 
            special education program personnel. | 
         
         
            | 
                
			 | 
                   [(g)  The commissioner shall adopt rules and procedures  | 
         
         
            | 
                
			 | 
            governing contracts for residential placement of special education  | 
         
         
            | 
                
			 | 
            students.  The legislature shall provide by appropriation for the  | 
         
         
            | 
                
			 | 
            state's share of the costs of those placements. | 
         
         
            | 
                
			 | 
                   [(h)]  At least 55 percent of the funds allocated under this  | 
         
         
            | 
                
			 | 
            section must be used in the special education program under  | 
         
         
            | 
                
			 | 
            Subchapter A, Chapter 29. | 
         
         
            | 
                
			 | 
                   (e) [(i)]  The agency shall ensure [encourage] the placement  | 
         
         
            | 
                
			 | 
            of students in special education programs, including students in  | 
         
         
            | 
                
			 | 
            residential placement [instructional arrangements], in the least  | 
         
         
            | 
                
			 | 
            restrictive environment appropriate for their educational needs. | 
         
         
            | 
                
			 | 
                   (f) [(j)]  A school district that provides an extended year  | 
         
         
            | 
                
			 | 
            program required by federal law for special education students who  | 
         
         
            | 
                
			 | 
            may regress is entitled to receive funds in an amount equal to [75  | 
         
         
            | 
                
			 | 
            percent, or a lesser percentage determined by the commissioner, of]  | 
         
         
            | 
                
			 | 
            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 for each [full-time equivalent] student in  | 
         
         
            | 
                
			 | 
            average daily attendance, multiplied by the amount designated for  | 
         
         
            | 
                
			 | 
            the highest tier of intensity of service for which the student  | 
         
         
            | 
                
			 | 
            qualifies [student's instructional arrangement] under this  | 
         
         
            | 
                
			 | 
            section, for each day the program is provided divided by the number  | 
         
         
            | 
                
			 | 
            of days in the minimum school year.  [The total amount of state  | 
         
         
            | 
                
			 | 
            funding for extended year services under this section may not  | 
         
         
            | 
                
			 | 
            exceed $10 million per year.]  A school district may use funds  | 
         
         
            | 
                
			 | 
            received under this section only in providing an extended year  | 
         
         
            | 
                
			 | 
            program. | 
         
         
            | 
                
			 | 
                   (g) [(k)]  From the total amount of funds appropriated for  | 
         
         
            | 
                
			 | 
            special education under this section, the commissioner shall  | 
         
         
            | 
                
			 | 
            withhold an amount specified in the General Appropriations Act, and  | 
         
         
            | 
                
			 | 
            distribute that amount to school districts for programs under  | 
         
         
            | 
                
			 | 
            Section 29.014.  The program established under that section is  | 
         
         
            | 
                
			 | 
            required only in school districts in which the program is financed  | 
         
         
            | 
                
			 | 
            by funds distributed under this subsection and any other funds  | 
         
         
            | 
                
			 | 
            available for the program.  After deducting the amount withheld  | 
         
         
            | 
                
			 | 
            under this subsection from the total amount appropriated for  | 
         
         
            | 
                
			 | 
            special education, the commissioner shall reduce each district's  | 
         
         
            | 
                
			 | 
            allotment proportionately and shall allocate funds to each district  | 
         
         
            | 
                
			 | 
            accordingly. | 
         
         
            | 
                
			 | 
                   (h)  Not later than December 1 of each even-numbered year,  | 
         
         
            | 
                
			 | 
            the commissioner shall submit to the Legislative Budget Board, for  | 
         
         
            | 
                
			 | 
            purposes of the allotment under this section, proposed weights for  | 
         
         
            | 
                
			 | 
            the tiers of intensity of service for the next state fiscal  | 
         
         
            | 
                
			 | 
            biennium. | 
         
         
            | 
                
			 | 
                   SECTION 3.56.  Subchapter C, Chapter 48, Education Code, is  | 
         
         
            | 
                
			 | 
            amended by adding Sections 48.1021 and 48.1022 to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 48.1021.  SPECIAL EDUCATION SERVICE GROUP ALLOTMENT.   | 
         
         
            | 
                
			 | 
            (a)  For each student in a special education program under  | 
         
         
            | 
                
			 | 
            Subchapter A, Chapter 29, a school district is entitled to an  | 
         
         
            | 
                
			 | 
            allotment in an amount set by the legislature in the General  | 
         
         
            | 
                
			 | 
            Appropriations Act for the service group for which the student  | 
         
         
            | 
                
			 | 
            receives services. | 
         
         
            | 
                
			 | 
                   (a-1)  Notwithstanding Subsection (a), for the 2025-2026 and  | 
         
         
            | 
                
			 | 
            2026-2027 school years, 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 establish at least four  | 
         
         
            | 
                
			 | 
            service groups for use in determining funding under this section.   | 
         
         
            | 
                
			 | 
            In establishing the groups, the commissioner must 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 | 
         
         
            | 
                
			 | 
                         (4)  any equipment or technology required for the  | 
         
         
            | 
                
			 | 
            services. | 
         
         
            | 
                
			 | 
                   (c)  At least 55 percent of the funds allocated under this  | 
         
         
            | 
                
			 | 
            section must be used for a special education program under  | 
         
         
            | 
                
			 | 
            Subchapter A, Chapter 29. | 
         
         
            | 
                
			 | 
                   (d)  Not later than December 1 of each even-numbered year,  | 
         
         
            | 
                
			 | 
            the commissioner shall submit to the Legislative Budget Board, for  | 
         
         
            | 
                
			 | 
            purposes of the allotment under this section, proposed amounts of  | 
         
         
            | 
                
			 | 
            funding for the service groups for the next state fiscal biennium. | 
         
         
            | 
                
			 | 
                   Sec. 48.1022.  SPECIAL EDUCATION TRANSITION FUNDING.   | 
         
         
            | 
                
			 | 
            (a)  For the 2025-2026 and 2026-2027 school years, the commissioner  | 
         
         
            | 
                
			 | 
            may adjust weights or amounts provided under Section 48.102 or  | 
         
         
            | 
                
			 | 
            48.1021 as necessary to ensure compliance with requirements  | 
         
         
            | 
                
			 | 
            regarding maintenance of state financial support under 20 U.S.C.  | 
         
         
            | 
                
			 | 
            Section 1412(a)(18) and maintenance of local financial support  | 
         
         
            | 
                
			 | 
            under applicable federal law. | 
         
         
            | 
                
			 | 
                   (b)  For the 2025-2026 and 2026-2027 school years, the  | 
         
         
            | 
                
			 | 
            commissioner shall determine the formulas through which school  | 
         
         
            | 
                
			 | 
            districts receive funding under Sections 48.102 and 48.1021.  In  | 
         
         
            | 
                
			 | 
            determining the formulas, the commissioner shall ensure the  | 
         
         
            | 
                
			 | 
            estimated statewide increase from the allotment under Section  | 
         
         
            | 
                
			 | 
            48.102 for the 2024-2025 school year to the sum of the allotments  | 
         
         
            | 
                
			 | 
            under Sections 48.102 and 48.1021 for the 2025-2026 school year is  | 
         
         
            | 
                
			 | 
            approximately $800 million. | 
         
         
            | 
                
			 | 
                   (c)  Each school district and open-enrollment charter school  | 
         
         
            | 
                
			 | 
            shall report to the agency information necessary to implement this  | 
         
         
            | 
                
			 | 
            section. | 
         
         
            | 
                
			 | 
                   (d)  The agency shall provide technical assistance to school  | 
         
         
            | 
                
			 | 
            districts and open-enrollment charter schools to ensure a  | 
         
         
            | 
                
			 | 
            successful transition in funding formulas for special education. | 
         
         
            | 
                
			 | 
                   (e)  This section expires September 1, 2028. | 
         
         
            | 
                
			 | 
                   SECTION 3.57.  Sections 48.103(b), (c), and (d), Education  | 
         
         
            | 
                
			 | 
            Code, are amended to read as follows: | 
         
         
            | 
                
			 | 
                   (b)  A school district is entitled to an allotment under  | 
         
         
            | 
                
			 | 
            Subsection (a) only for a student who: | 
         
         
            | 
                
			 | 
                         (1)  is receiving: | 
         
         
            | 
                
			 | 
                               (A)  instruction, services, or accommodations for  | 
         
         
            | 
                
			 | 
            dyslexia or a related disorder in accordance with[: | 
         
         
            | 
                
			 | 
                               [(A)]  an individualized education program  | 
         
         
            | 
                
			 | 
            developed for the student under Section 29.005; or | 
         
         
            | 
                
			 | 
                               (B)  accommodations for dyslexia or a related  | 
         
         
            | 
                
			 | 
            disorder in accordance with a plan developed for the student under  | 
         
         
            | 
                
			 | 
            Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794); or | 
         
         
            | 
                
			 | 
                         (2)  [is receiving instruction that: | 
         
         
            | 
                
			 | 
                               [(A)  meets applicable dyslexia program criteria  | 
         
         
            | 
                
			 | 
            established by the State Board of Education; and | 
         
         
            | 
                
			 | 
                               [(B)  is provided by a person with specific  | 
         
         
            | 
                
			 | 
            training in providing that instruction; or | 
         
         
            | 
                
			 | 
                         [(3)]  is permitted, on the basis of having dyslexia or  | 
         
         
            | 
                
			 | 
            a related disorder, to use modifications in the classroom or  | 
         
         
            | 
                
			 | 
            accommodations in the administration of assessment instruments  | 
         
         
            | 
                
			 | 
            under Section 39.023 without a program or plan described by  | 
         
         
            | 
                
			 | 
            Subdivision (1). | 
         
         
            | 
                
			 | 
                   (c)  A school district may receive funding for a student  | 
         
         
            | 
                
			 | 
            under each provision of this section, [and] Section 48.102, and  | 
         
         
            | 
                
			 | 
            Section 48.1021 for which [if] the student qualifies [satisfies the  | 
         
         
            | 
                
			 | 
            requirements of both sections]. | 
         
         
            | 
                
			 | 
                   (d)  A school district may use [an amount not to exceed 20  | 
         
         
            | 
                
			 | 
            percent of] the allotment provided for a qualifying student under  | 
         
         
            | 
                
			 | 
            this section to contract with a private provider to provide  | 
         
         
            | 
                
			 | 
            supplemental academic services to the student that are recommended  | 
         
         
            | 
                
			 | 
            under the student's program or plan described by Subsection (b).  A  | 
         
         
            | 
                
			 | 
            student may not be excused from school to receive supplemental  | 
         
         
            | 
                
			 | 
            academic services provided under this subsection. | 
         
         
            | 
                
			 | 
                   SECTION 3.58.  Section 48.110(d), Education Code, is amended  | 
         
         
            | 
                
			 | 
            to read as follows: | 
         
         
            | 
                
			 | 
                   (d)  For each annual graduate in a cohort described by  | 
         
         
            | 
                
			 | 
            Subsection (b) who demonstrates college, career, or military  | 
         
         
            | 
                
			 | 
            readiness as described by Subsection (f) in excess of the minimum  | 
         
         
            | 
                
			 | 
            number of students determined for the applicable district cohort  | 
         
         
            | 
                
			 | 
            under Subsection (c), a school district is entitled to an annual  | 
         
         
            | 
                
			 | 
            outcomes bonus of: | 
         
         
            | 
                
			 | 
                         (1)  if the annual graduate is educationally  | 
         
         
            | 
                
			 | 
            disadvantaged, $5,000; | 
         
         
            | 
                
			 | 
                         (2)  if the annual graduate is not educationally  | 
         
         
            | 
                
			 | 
            disadvantaged, $3,000; and | 
         
         
            | 
                
			 | 
                         (3)  if the annual graduate is enrolled in a special  | 
         
         
            | 
                
			 | 
            education program under Subchapter A, Chapter 29, $4,000 [$2,000],  | 
         
         
            | 
                
			 | 
            regardless of whether the annual graduate is educationally  | 
         
         
            | 
                
			 | 
            disadvantaged. | 
         
         
            | 
                
			 | 
                   SECTION 3.59.  Section 48.151(g), Education Code, is amended  | 
         
         
            | 
                
			 | 
            to read as follows: | 
         
         
            | 
                
			 | 
                   (g)  A school district or county that provides special  | 
         
         
            | 
                
			 | 
            transportation services for eligible special education students is  | 
         
         
            | 
                
			 | 
            entitled to a state allocation at a [paid on a previous year's  | 
         
         
            | 
                
			 | 
            cost-per-mile basis.  The] rate per mile equal to the sum of the  | 
         
         
            | 
                
			 | 
            rate per mile set under Subsection (c) and $0.13, or a greater  | 
         
         
            | 
                
			 | 
            amount provided [allowable shall be set] by appropriation [based on  | 
         
         
            | 
                
			 | 
            data gathered from the first year of each preceding biennium].   | 
         
         
            | 
                
			 | 
            Districts may use a portion of their support allocation to pay  | 
         
         
            | 
                
			 | 
            transportation costs, if necessary.  The commissioner may grant an  | 
         
         
            | 
                
			 | 
            amount set by appropriation for private transportation to reimburse  | 
         
         
            | 
                
			 | 
            parents or their agents for transporting eligible special education  | 
         
         
            | 
                
			 | 
            students.  The mileage allowed shall be computed along the shortest  | 
         
         
            | 
                
			 | 
            public road from the student's home to school and back, morning and  | 
         
         
            | 
                
			 | 
            afternoon.  The need for this type of transportation shall be  | 
         
         
            | 
                
			 | 
            determined on an individual basis and shall be approved only in  | 
         
         
            | 
                
			 | 
            extreme hardship cases. | 
         
         
            | 
                
			 | 
                   SECTION 3.60.  Subchapter D, Chapter 48, Education Code, is  | 
         
         
            | 
                
			 | 
            amended by adding Section 48.158 to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 48.158.  SPECIAL EDUCATION FULL INDIVIDUAL AND INITIAL  | 
         
         
            | 
                
			 | 
            EVALUATION.  For each child for whom a school district conducts a  | 
         
         
            | 
                
			 | 
            full individual and initial evaluation under Section 29.004 or 20  | 
         
         
            | 
                
			 | 
            U.S.C. Section 1414(a)(1), the district is entitled to an allotment  | 
         
         
            | 
                
			 | 
            of $1,000 or a greater amount provided by appropriation. | 
         
         
            | 
                
			 | 
                   SECTION 3.61.  Section 48.265(a), Education Code, is amended  | 
         
         
            | 
                
			 | 
            to read as follows: | 
         
         
            | 
                
			 | 
                   (a)  If [Notwithstanding any other provision of law, if] the  | 
         
         
            | 
                
			 | 
            commissioner determines that the amount appropriated for the  | 
         
         
            | 
                
			 | 
            purposes of the Foundation School Program exceeds the amount to  | 
         
         
            | 
                
			 | 
            which school districts are entitled under this chapter, the  | 
         
         
            | 
                
			 | 
            commissioner may provide [by rule shall establish a grant program  | 
         
         
            | 
                
			 | 
            through which excess funds are awarded as] grants using the excess  | 
         
         
            | 
                
			 | 
            money for the purchase of video equipment, or for the reimbursement  | 
         
         
            | 
                
			 | 
            of costs for previously purchased video equipment, used for  | 
         
         
            | 
                
			 | 
            monitoring special education classrooms or other special education  | 
         
         
            | 
                
			 | 
            settings required under Section 29.022. | 
         
         
            | 
                
			 | 
                   SECTION 3.62.  Section 48.279(e), Education Code, is amended  | 
         
         
            | 
                
			 | 
            to read as follows: | 
         
         
            | 
                
			 | 
                   (e)  After the commissioner has replaced any withheld  | 
         
         
            | 
                
			 | 
            federal funds as provided by Subsection (d), the commissioner shall  | 
         
         
            | 
                
			 | 
            distribute the remaining amount, if any, of funds described by  | 
         
         
            | 
                
			 | 
            Subsection (a) to proportionately increase funding for the special  | 
         
         
            | 
                
			 | 
            education allotment under Section 48.102 and the special education  | 
         
         
            | 
                
			 | 
            service group allotment under Section 48.1021. | 
         
         
            | 
                
			 | 
                   SECTION 3.63.  Subchapter G, Chapter 48, Education Code, is  | 
         
         
            | 
                
			 | 
            amended by adding Sections 48.304, 48.306, and 48.315 to read as  | 
         
         
            | 
                
			 | 
            follows: | 
         
         
            | 
                
			 | 
                   Sec. 48.304.  DAY PLACEMENT PROGRAM OR COOPERATIVE FUNDING.   | 
         
         
            | 
                
			 | 
            (a)  For each qualifying day placement program or cooperative that a  | 
         
         
            | 
                
			 | 
            regional education service center, school district, or  | 
         
         
            | 
                
			 | 
            open-enrollment charter school establishes, the program or  | 
         
         
            | 
                
			 | 
            cooperative is entitled to an allotment of: | 
         
         
            | 
                
			 | 
                         (1)  $250,000 for the first year of the program's or  | 
         
         
            | 
                
			 | 
            cooperative's operation; and | 
         
         
            | 
                
			 | 
                         (2)  the sum of: | 
         
         
            | 
                
			 | 
                               (A)  $100,000 for each year of the program's or  | 
         
         
            | 
                
			 | 
            cooperative's operation after the first year; and | 
         
         
            | 
                
			 | 
                               (B)  $150,000 if at least three students are  | 
         
         
            | 
                
			 | 
            enrolled in the program or cooperative for a year described by  | 
         
         
            | 
                
			 | 
            Paragraph (A). | 
         
         
            | 
                
			 | 
                   (b)  A day placement program or cooperative qualifies for  | 
         
         
            | 
                
			 | 
            purposes of Subsection (a) if: | 
         
         
            | 
                
			 | 
                         (1)  the program or cooperative complies with  | 
         
         
            | 
                
			 | 
            commissioner rules adopted for purposes of this section under  | 
         
         
            | 
                
			 | 
            Section 48.004; | 
         
         
            | 
                
			 | 
                         (2)  the program or cooperative offers services to  | 
         
         
            | 
                
			 | 
            students who are enrolled at any school district or open-enrollment  | 
         
         
            | 
                
			 | 
            charter school in the county in which the program or cooperative is  | 
         
         
            | 
                
			 | 
            offered, unless the commissioner by rule waives or modifies the  | 
         
         
            | 
                
			 | 
            requirement under this subdivision for the program or cooperative  | 
         
         
            | 
                
			 | 
            to serve all students in a county; and | 
         
         
            | 
                
			 | 
                         (3)  the agency has designated the program or  | 
         
         
            | 
                
			 | 
            cooperative for service in the county in which the program or  | 
         
         
            | 
                
			 | 
            cooperative is offered and determined that, at the time of  | 
         
         
            | 
                
			 | 
            designation, the program or cooperative increases the availability  | 
         
         
            | 
                
			 | 
            of day placement services in the county. | 
         
         
            | 
                
			 | 
                   (c)  The agency may not designate more than one day placement  | 
         
         
            | 
                
			 | 
            program or cooperative for service per county each year. | 
         
         
            | 
                
			 | 
                   (d)  The agency may designate a regional education service  | 
         
         
            | 
                
			 | 
            center to implement and administer this section. | 
         
         
            | 
                
			 | 
                   (e)  Notwithstanding any other provision of this section,  | 
         
         
            | 
                
			 | 
            the agency may not provide an allotment under this section to more  | 
         
         
            | 
                
			 | 
            than 20 day placement programs or cooperatives for a year. | 
         
         
            | 
                
			 | 
                   Sec. 48.306.  PARENT-DIRECTED SERVICES FOR STUDENTS  | 
         
         
            | 
                
			 | 
            RECEIVING SPECIAL EDUCATION SERVICES GRANT.  (a)  A student to whom  | 
         
         
            | 
                
			 | 
            the agency awards a grant under Subchapter A-1, Chapter 29, is  | 
         
         
            | 
                
			 | 
            entitled to receive an amount of $1,500 or a greater amount provided  | 
         
         
            | 
                
			 | 
            by appropriation. | 
         
         
            | 
                
			 | 
                   (b)  The legislature shall include in the appropriations for  | 
         
         
            | 
                
			 | 
            the Foundation School Program state aid sufficient for the agency  | 
         
         
            | 
                
			 | 
            to award grants under Subchapter A-1, Chapter 29, in the amount  | 
         
         
            | 
                
			 | 
            provided by this section. | 
         
         
            | 
                
			 | 
                   (c)  A student may receive one grant under Subchapter A-1,  | 
         
         
            | 
                
			 | 
            Chapter 29, unless the legislature appropriates money for an  | 
         
         
            | 
                
			 | 
            additional grant in the General Appropriations Act. | 
         
         
            | 
                
			 | 
                   (d)  A regional education service center designated to  | 
         
         
            | 
                
			 | 
            administer the program under Subchapter A-1, Chapter 29, for a  | 
         
         
            | 
                
			 | 
            school year is entitled to an amount equal to four percent of each  | 
         
         
            | 
                
			 | 
            grant awarded under that subchapter for that school year. | 
         
         
            | 
                
			 | 
                   (e)  Notwithstanding Section 7.057, a determination of the  | 
         
         
            | 
                
			 | 
            commissioner under this section is final and may not be appealed. | 
         
         
            | 
                
			 | 
                   Sec. 48.315.  FUNDING FOR REGIONAL DAY SCHOOL PROGRAMS FOR  | 
         
         
            | 
                
			 | 
            THE DEAF.  (a)  The program administrator or fiscal agent of a  | 
         
         
            | 
                
			 | 
            regional day school program for the deaf is entitled to receive for  | 
         
         
            | 
                
			 | 
            each school year an allotment of $6,925, or a greater amount  | 
         
         
            | 
                
			 | 
            provided by appropriation, for each student receiving services from  | 
         
         
            | 
                
			 | 
            the program. | 
         
         
            | 
                
			 | 
                   (b)  Notwithstanding Subsection (a), the agency shall adjust  | 
         
         
            | 
                
			 | 
            the amount of an allotment under that subsection for a school year  | 
         
         
            | 
                
			 | 
            to ensure the total amount of allotments provided under that  | 
         
         
            | 
                
			 | 
            subsection is at least $35 million for that school year. | 
         
         
            | 
                
			 | 
                   SECTION 3.64.  The following provisions of the Education  | 
         
         
            | 
                
			 | 
            Code are repealed: | 
         
         
            | 
                
			 | 
                         (1)  Section 7.055(b)(24); | 
         
         
            | 
                
			 | 
                         (2)  Sections 7.102(c)(18), (19), (20), (21), and (22); | 
         
         
            | 
                
			 | 
                         (3)  Section 29.002; | 
         
         
            | 
                
			 | 
                         (4)  Section 29.0041(c); | 
         
         
            | 
                
			 | 
                         (5)  Section 29.005(f); | 
         
         
            | 
                
			 | 
                         (6)  Section 29.0161; | 
         
         
            | 
                
			 | 
                         (7)  Section 29.018(c); | 
         
         
            | 
                
			 | 
                         (8)  Sections 29.308, 29.309, 29.311, 30.001, and  | 
         
         
            | 
                
			 | 
            30.0015; | 
         
         
            | 
                
			 | 
                         (9)  Sections 30.002(c-1), (c-2), (f), (f-1), and (g); | 
         
         
            | 
                
			 | 
                         (10)  Section 30.084; | 
         
         
            | 
                
			 | 
                         (11)  Section 30.087(b); and | 
         
         
            | 
                
			 | 
                         (12)  Section 38.003(d). | 
         
         
            | 
                
			 | 
                   SECTION 3.65.  The commissioner of education shall award a  | 
         
         
            | 
                
			 | 
            grant under Subchapter A-1, Chapter 29, Education Code, as amended  | 
         
         
            | 
                
			 | 
            by this Act, for the 2025-2026 school year to each eligible  | 
         
         
            | 
                
			 | 
            applicant who applied but was not accepted for the 2024-2025 school  | 
         
         
            | 
                
			 | 
            year. | 
         
         
            | 
                
			 | 
            ARTICLE 4.  TRANSITION AND EFFECTIVE DATE | 
         
         
            | 
                
			 | 
                   SECTION 4.01.  (a)  Except as otherwise provided by this Act  | 
         
         
            | 
                
			 | 
            and by Subsection (b) of this section, the changes made by this Act  | 
         
         
            | 
                
			 | 
            to Chapters 7, 8, 12A, 21, 25, 28, 29, 30, 37, and 38, Education  | 
         
         
            | 
                
			 | 
            Code, apply beginning with the 2025-2026 school year. | 
         
         
            | 
                
			 | 
                   (b)  Section 21.0032, Education Code, as added by this Act,  | 
         
         
            | 
                
			 | 
            and Sections 21.3521 and 29.008, Education Code, as amended by this  | 
         
         
            | 
                
			 | 
            Act, apply beginning with the 2026-2027 school year. | 
         
         
            | 
                
			 | 
                   SECTION 4.02.  (a)  Except as otherwise provided by this Act  | 
         
         
            | 
                
			 | 
            and as provided by Subsections (b) and (c) of this section, this Act  | 
         
         
            | 
                
			 | 
            takes effect September 1, 2025. | 
         
         
            | 
                
			 | 
                   (b)  The changes made by this Act to Chapters 7, 8, 12A, 21,  | 
         
         
            | 
                
			 | 
            25, 28, 29, 30, 37, and 38, Education Code, and Section 48.283,  | 
         
         
            | 
                
			 | 
            Education Code, take effect immediately if this Act receives a vote  | 
         
         
            | 
                
			 | 
            of two-thirds of all the members elected to each house, as provided  | 
         
         
            | 
                
			 | 
            by Section 39, Article III, Texas Constitution.  If this Act does  | 
         
         
            | 
                
			 | 
            not receive the vote necessary for immediate effect, those changes  | 
         
         
            | 
                
			 | 
            take effect September 1, 2025. | 
         
         
            | 
                
			 | 
                   (c)  The changes made by this Act to Sections 48.104, 48.105,  | 
         
         
            | 
                
			 | 
            and 48.112, Education Code, take effect September 1, 2026. |