Bill Text: TX HB5288 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to a study by the Texas Education Agency on a service-intensity based funding formula to replace the special education allotment under the Foundation School Program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-24 - Referred to Public Education [HB5288 Detail]
Download: Texas-2023-HB5288-Introduced.html
| By: Hinojosa | H.B. No. 5288 | |
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| relating to a study by the Texas Education Agency on a | ||
| service-intensity based funding formula to replace the special | ||
| education allotment under the Foundation School Program. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter G, Chapter 48, Education Code, is | ||
| amended by adding Section 48.304 to read as follows: | ||
| Sec. 48.304. STUDY ON SERVICE-INTENSITY BASED FUNDING | ||
| FORMULA FOR SPECIAL EDUCATION. (a) In this section, | ||
| "service-intensity based funding" means a method of funding special | ||
| education services that: | ||
| (1) establishes tiers of intensity of service based on | ||
| the educational arrangements and specialized services required | ||
| under a student's individual education program; and | ||
| (2) provides for an amount of funding per student | ||
| based on the tier of intensity of service appropriate for the | ||
| student. | ||
| (b) The agency shall conduct a study on a transition to | ||
| service-intensity based funding for special education services | ||
| under the Foundation School Program. | ||
| (c) The study conducted under Subsection (b) must: | ||
| (1) assess current and projected needs of students who | ||
| receive special education services in public schools; | ||
| (2) identify current shortfalls in special education | ||
| services and funding mechanisms and analyze whether | ||
| service-intensity based funding could address those shortfalls; | ||
| (3) propose a plan for the optimal implementation of a | ||
| transition to service-intensity based funding; and | ||
| (4) include agency predictions regarding the likely | ||
| effect on local shares and the guaranteed yield amount of state | ||
| funds for school districts if the state transitions to | ||
| service-intensity based funding for special education services. | ||
| (d) In conducting the study under Subsection (b), the agency | ||
| shall solicit input from: | ||
| (1) parents or persons standing in parental relation | ||
| to students who receive special education services; | ||
| (2) students who receive special education services; | ||
| (3) teachers of students who receive special education | ||
| services; | ||
| (4) administrators; and | ||
| (5) school support staff. | ||
| (e) Not later than December 1, 2024, the agency shall | ||
| prepare and submit to the legislature a report on the results of the | ||
| study conducted under this section and recommendations based on | ||
| those results regarding: | ||
| (1) weights to be applied for students in each tier of | ||
| intensity of service to be included in a service-intensity based | ||
| funding formula included in proposed legislation relating to | ||
| transitioning special education funding under Section 48.102 to | ||
| service-intensity based funding; | ||
| (2) the amount and manner of determining tiers of | ||
| intensity of service based on the educational arrangements and | ||
| specialized services required under a student's individual | ||
| education program; and | ||
| (3) any other recommendations for legislative or other | ||
| action. | ||
| (f) This section expires September 1, 2025. | ||
| SECTION 2. This Act takes effect immediately if it 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, this | ||
| Act takes effect September 1, 2023. | ||
