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HB 2419
Texas House•In House Committee
Summary
HB 2419, “Relating to special education and special education funding under the Foundation School Program”, was introduced in the House on Feb 4, 2025 by Rep. Mary Gonzalez (D). It was referred to Public Education, and last saw action on Mar 17, 2025: Referred to Public Education.
Record
Text
HB 2419 has no co-sponsors and has not gone to a roll call.
hb2419/introduced.txt89R8129 KJE-DBy: González of El PasoH.B. No. 2419A BILL TO BE ENTITLEDAN ACTrelating to special education and special education funding underthe Foundation School Program.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:SECTION 1. Section 8.051(d), Education Code, is amended toread as follows:(d) Each regional education service center shall maintaincore services for purchase by school districts and campuses. Thecore services are:(1) training and assistance in:(A) teaching each subject area assessed underSection 39.023; and(B) providing instruction in personal financialliteracy as required under Section 28.0021;(2) training and assistance in providing each programthat 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 schooldistrict or campus assigned an unacceptable performance ratingunder Section 39.054;(4) training and assistance to teachers,administrators, members of district boards of trustees, and membersof site-based decision-making committees;(5) assistance specifically designed for a schooldistrict that is considered out of compliance with state or federalspecial education requirements, based on the agency's most recentcompliance review of the district's special education programs; and(6) assistance in complying with state laws and rules.SECTION 2. Subchapter I, Chapter 21, Education Code, isamended by adding Section 21.4024 to read as follows:Sec. 21.4024. SALARY STIPENDS FOR CERTAIN SPECIAL EDUCATIONEMPLOYEES. (a) A classroom teacher or full-time paraprofessionalassigned to and certified in special education is entitled toreceive an annual salary stipend in the amount of $1,000 plus $150for each year of experience in special education, up to a maximum of$2,500.(b) A salary stipend a classroom teacher receives under thissection:(1) is in addition to:(A) the regular salary to which the teacher isentitled under this subchapter; and(B) any local supplement; and(2) is not considered in determining whether thedistrict is paying the teacher the minimum monthly salary underSection 21.402.(c) A salary stipend a paraprofessional receives under thissection is in addition to any local supplement or wages the districtwould otherwise pay the paraprofessional during the school year.SECTION 3. Chapter 22, Education Code, is amended by addingSubchapter E to read as follows:SUBCHAPTER E. RETIRED SPECIAL EDUCATION TEACHER GRANT PROGRAMSec. 22.151. RETIRED SPECIAL EDUCATION TEACHER GRANTPROGRAM. (a) From money appropriated or otherwise available forthe purpose, the commissioner shall establish a grant program toreimburse school districts and open-enrollment charter schools forthe cost of required contributions under Section 825.4092,Government Code, for the employment of a retiree hired to teachspecial education or provide services related to special education.(b) A grant received under the program may only be used forthe cost of required contributions for the employment of a retiree:(1) who retired before September 1, 2024; or(2) as provided by the General Appropriations Act.(c) If the amount of grant requests under the programexceeds the amount appropriated or otherwise available for thepurpose, the commissioner shall proportionately reduce the amountof each grant.SECTION 4. Section 29.002, Education Code, is amended toread as follows:Sec. 29.002. DEFINITION. In this subchapter, "specialservices" means:(1) special education instruction, which may beprovided by professional and supported by paraprofessionalpersonnel in a general education setting [the regular classroom] orin a special education setting, as defined by commissioner rule [aninstructional arrangement described by Section 48.102]; and(2) related services, which are developmental,corrective, supportive, or evaluative services, not instructionalin nature, that may be required for the student to benefit fromspecial education instruction and for implementation of a student'sindividualized education program.SECTION 5. Subchapter A, Chapter 29, Education Code, isamended by adding Section 29.0055 to read as follows:Sec. 29.0055. LOCAL INTELLECTUAL AND DEVELOPMENTALDISABILITY AUTHORITY INFORMATION. At the meeting at which achild's initial individualized education program is developed, theschool district shall provide to the child's parent the contactinformation for the local intellectual and developmentaldisability authority for the region in which the district islocated for use in discussing services or public benefits that mayprovide additional support to the child.SECTION 6. Section 29.008, Education Code, is amended byamending Subsections (a) and (b) and adding Subsection (a-1) toread as follows:(a) The commissioner shall establish a list of approvedpublic or private facilities, institutions, or agencies inside oroutside of this state that a [A] school district, shared servicesarrangement unit, or regional education service center may contractwith [a public or private facility, institution, or agency insideor outside of this state] for the provision of services to studentswith disabilities in a residential placement. The commissioner mayapprove either the whole or a part of a facility or program.(a-1) Each contract described by this section [forresidential placement] must be approved by the commissioner. Thecommissioner may approve a [residential placement] contract underthis section only after at least a programmatic evaluation ofpersonnel qualifications, costs, adequacy of physical plant andequipment, and curriculum content. [The commissioner may approveeither the whole or a part of a facility or program.](b) Except as provided by Subsection (c), costs of anapproved contract for residential placement may be paid from acombination of federal, state, and local funds. The local share ofthe total contract cost for each student is that portion of thelocal tax effort that exceeds the district's local fund assignmentunder Section 48.256, divided by the average daily attendance inthe district. If the contract involves a private facility, thestate share of the total contract cost is that amount remainingafter subtracting the local share. If the contract involves apublic facility, the state share is that amount remaining aftersubtracting the local share from the portion of the contract thatinvolves the costs of instructional and related services. Forpurposes of this subsection, "local tax effort" means the totalamount of money generated by taxes imposed for debt service andmaintenance and operation less any amounts paid into a taxincrement fund under Chapter 311, Tax Code. This subsectionexpires September 1, 2029.SECTION 7. Section 29.014(d), Education Code, is amended toread as follows:(d) The basic allotment for a student enrolled in a districtto which this section applies is adjusted by the tier of intensityof service defined in accordance with [weight for a homeboundstudent under] Section 48.102 and designated by commissioner rulefor use under this section [48.102(a)].SECTION 8. Section 29.022(u)(3), Education Code, is amendedto read as follows:(3) "Self-contained classroom" does not include aclassroom that is a resource room as defined by commissioner rule[instructional arrangement under Section 48.102].SECTION 9. Subchapter A, Chapter 29, Education Code, isamended by adding Section 29.028 to read as follows:Sec. 29.028. SUPPORTS FOR RECRUITING SPECIAL EDUCATIONSTAFF. (a) From money appropriated or otherwise available for thepurpose, the agency shall provide grants to school districts andopen-enrollment charter schools to increase the number of qualifiedand appropriately credentialed special education staff, includingspecial education teachers, special education paraprofessionals,evaluation personnel, educational interpreters, ancillaryinstruction personnel, and related service personnel.(b) A school district or open-enrollment charter schoolthat receives a grant under this section shall require each personthe district or school uses the grant money to assist in becominglicensed, certified, or otherwise credentialed as described bySubsection (a) to work at the district or school for a periodestablished by commissioner rule.(c) The commissioner shall adopt rules establishing theperiod of required employment described by Subsection (b) and anyother rules necessary to implement this section.SECTION 10. Section 29.316(c), Education Code, is amendedto read as follows:(c) Not later than August 31 of each year, the agency, thedivision, and the center jointly shall prepare and post on theagency's, the division's, and the center's respective Internetwebsites a report on the language acquisition of children eightyears of age or younger who are deaf or hard of hearing. The reportmust:(1) include:(A) existing data reported in compliance withfederal law regarding children with disabilities; and(B) information relating to the languageacquisition of children who are deaf or hard of hearing and alsohave other disabilities;(2) state for each child:(A) the educational setting [instructionalarrangement] used with the child, as defined by commissioner rule[described by Section 48.102], including the time the child spendson average in a general education setting [mainstream instructionalarrangement];(B) the specific language acquisition servicesprovided to the child, including:(i) the time spent providing thoseservices; and(ii) a description of any hearingamplification used in the delivery of those services, including:(a) the type of hearing amplificationused;(b) the period of time in which thechild has had access to the hearing amplification; and(c) the average amount of time thechild uses the hearing amplification each day;(C) the tools or assessments used to assess thechild's language acquisition and the results obtained;(D) the preferred unique communication mode usedby the child at home; and(E) the child's age, race, and gender, the age atwhich the child was identified as being deaf or hard of hearing, andany other relevant demographic information the commissionerdetermines to likely be correlated with or have an impact on thechild's language acquisition;(3) compare progress in English literacy made bychildren who are deaf or hard of hearing to progress in that subjectmade 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 andfederal law regarding the confidentiality of student medical oreducational information.SECTION 11. Subchapter A, Chapter 48, Education Code, isamended by adding Section 48.0055 to read as follows:Sec. 48.0055. ENROLLMENT-BASED FUNDING. The commissionerby rule shall establish the method for determining averageenrollment for purposes of funding provided based on averageenrollment under Chapter 46 and this chapter.SECTION 12. Section 48.051(a), Education Code, is amendedto read as follows:(a) For each student in average daily attendance, notincluding the time students spend each day in career and technologyeducation programs or in special education programs receivingspecial education services in a setting [an instructionalarrangement] other than a general education setting [mainstream orcareer and technology education programs], for which an additionalallotment is made under Subchapter C, a school district is entitledto an allotment equal to the lesser of $6,160 or the amount thatresults from the following formula:A = $6,160 X TR/MCRwhere:"A" is the allotment to which a district is entitled;"TR" is the district's tier one maintenance and operationstax rate, as provided by Section 45.0032; and"MCR" is the district's maximum compressed tax rate, asdetermined under Section 48.2551.SECTION 13. Section 48.102, Education Code, is amended toread as follows:Sec. 48.102. SPECIAL EDUCATION. (a) For each student inaverage enrollment [daily attendance] in a special educationprogram under Subchapter A, Chapter 29, [in a mainstreaminstructional arrangement,] a school district is entitled to anannual allotment equal to the basic allotment, or, if applicable,the sum of the basic allotment and the allotment under Section48.101 to which the district is entitled, multiplied by the weightassigned under Subsection (c) to the highest tier of intensity ofservice for which the student qualifies [1.15].(a-1) Notwithstanding Subsection (a), for the 2026-2027 and2027-2028 school years, the amount of an allotment under thissection shall be determined in accordance with Section 48.1023.This subsection expires September 1, 2028. [For each full-timeequivalent student in average daily attendance in a specialeducation program under Subchapter A, Chapter 29, in aninstructional arrangement other than a mainstream instructionalarrangement, a district is entitled to an annual allotment equal tothe basic allotment, or, if applicable, the sum of the basicallotment and the allotment under Section 48.101 to which thedistrict is entitled, multiplied by a weight determined accordingto 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 seven tiers ofintensity of service for use in determining funding under thissection. The commissioner must include one tier specificallyaddressing students receiving special education services inresidential placement [A special instructional arrangement forstudents with disabilities residing in care and treatmentfacilities, other than state schools, whose parents or guardians donot reside in the district providing education services shall beestablished by commissioner rule. The funding weight for thisarrangement shall be 4.0 for those students who receive theireducation service on a local school district campus. A specialinstructional arrangement for students with disabilities residingin state schools shall be established by commissioner rule with afunding weight of 2.8].(c) The weights assigned to the seven tiers of intensity ofservice defined under Subsection (b) are, from least to mostintense, 0.6, 0.85, 1, 1.45, 1.75, 2, and 2, or other weightsprovided by appropriation. [For funding purposes, the number ofcontact hours credited per day for each student in the off homecampus instructional arrangement may not exceed the contact hourscredited per day for the multidistrict class instructionalarrangement in the 1992-1993 school year.](d) [For funding purposes the contact hours credited per dayfor each student in the resource room; self-contained, mild andmoderate; and self-contained, severe, instructional arrangementsmay not exceed the average of the statewide total contact hourscredited per day for those three instructional arrangements in the1992-1993 school year.[(e) The commissioner by rule shall prescribe thequalifications an instructional arrangement must meet in order tobe funded as a particular instructional arrangement under thissection. In prescribing the qualifications that a mainstreaminstructional arrangement must meet, the commissioner shallestablish requirements that students with disabilities and theirteachers receive the direct, indirect, and support services thatare necessary to enrich the regular classroom and enable studentsuccess.[(f) In this section, "full-time equivalent student" means30 hours of contact a week between a special education student andspecial education program personnel.[(g)] The commissioner shall adopt rules and proceduresgoverning contracts for residential and day program placement of[special education] students receiving special education services.(e) [The legislature shall provide by appropriation for thestate's share of the costs of those placements.[(h)] At least 55 percent of the funds allocated under thissection must be used in the special education program underSubchapter A, Chapter 29.(f) [(i)] The agency shall ensure [encourage] the placementof students in special education programs, including students inresidential placement [instructional arrangements], in the leastrestrictive environment appropriate for their educational needs.(g) [(j)] A school district that provides an extended yearprogram required by federal law for special education students whomay regress is entitled to receive funds in an amount equal to 75percent, or a lesser percentage determined by the commissioner, ofthe basic allotment, or, if applicable, the sum of the basicallotment and the allotment under Section 48.101 to which thedistrict is entitled for each [full-time equivalent] student inaverage enrollment [daily attendance], multiplied by the amountdesignated for the highest tier of intensity of service for whichthe student qualifies [student's instructional arrangement] underthis section, for each day the program is provided divided by thenumber of days in the minimum school year. The total amount ofstate funding for extended year services under this section may notexceed $20 [$10] million per year. A school district may use fundsreceived under this section only in providing an extended yearprogram.(h) [(k)] From the total amount of funds appropriated forspecial education under this section, the commissioner shallwithhold an amount specified in the General Appropriations Act, anddistribute that amount to school districts for programs underSection 29.014. The program established under that section isrequired only in school districts in which the program is financedby funds distributed under this subsection and any other fundsavailable for the program. After deducting the amount withheldunder this subsection from the total amount appropriated forspecial education, the commissioner shall reduce each district'sallotment proportionately and shall allocate funds to each districtaccordingly.(i) Not later than December 1 of each even-numbered year,the commissioner shall submit to the Legislative Budget Board, forpurposes of the allotment under this section, proposed weights forthe tiers of intensity of service for the next state fiscalbiennium. The commissioner must include information regarding theselection of the proposed weights. In developing the proposedweights, the commissioner shall consult with school districtsuperintendents and chief financial officers, the continuingadvisory committee appointed under Section 29.006, and otherrelevant stakeholders.SECTION 14. Subchapter C, Chapter 48, Education Code, isamended by adding Sections 48.1021, 48.1022, and 48.1023 to read asfollows:Sec. 48.1021. SPECIAL EDUCATION SERVICE GROUP ALLOTMENT.(a) For each six-week period in which a student in a specialeducation program under Subchapter A, Chapter 29, receives eligiblespecial education services, a school district is entitled to anallotment in the amount assigned under Subsection (c) to theservice group for which the student is eligible.(a-1) Notwithstanding Subsection (a), for the 2026-2027 and2027-2028 school years, the amount of an allotment under thissection shall be determined in accordance with Section 48.1023.This subsection expires September 1, 2028.(b) The commissioner by rule shall establish four servicegroups for use in determining funding under this section. Inestablishing the groups, the commissioner must consider:(1) the level of services, equipment, and technologyrequired to meet the needs of students receiving special educationservices; and(2) services that meet the needs of students receivingspecial education services and were previously eligible forreimbursement through the school health and related servicesprogram.(c) The amounts assigned to the four service groupsestablished under Subsection (b) are, from lowest to highest levelof service, $100, $350, $650, and $1,000, or other amounts providedby appropriation.(d) A school district is entitled to receive an allotmentunder this section for each service group for which a student iseligible.(e) A school district is entitled to the full amount of anallotment under this section for a student receiving eligiblespecial education services during any part of a six-week period.(f) At least 55 percent of the funds allocated under thissection must be used for a special education program underSubchapter A, Chapter 29.(g) Not later than December 1 of each even-numbered year,the commissioner shall submit to the Legislative Budget Board, forpurposes of the allotment under this section, proposed amounts offunding for the service groups for the next state fiscal biennium.The commissioner must include information regarding the selectionof the proposed amounts. In developing the proposed amounts, thecommissioner shall consult with school district superintendentsand chief financial officers, the continuing advisory committeeappointed under Section 29.006, and other relevant stakeholders.Sec. 48.1022. SPECIAL EDUCATION FULL INDIVIDUAL AND INITIALEVALUATION. For each student for whom a school district conducts afull individual and initial evaluation under Section 29.004 or 20U.S.C. Section 1414(a)(1), the district is entitled to an allotmentof $500 or a greater amount provided by appropriation.Sec. 48.1023. SPECIAL EDUCATION TRANSITION FUNDING. (a)For the 2026-2027 and 2027-2028 school years, the commissioner mayadjust weights or amounts provided under Section 48.102 or 48.1021as necessary to ensure compliance with requirements regardingmaintenance of state financial support under 20 U.S.C. Section1412(a)(18) and maintenance of local financial support underapplicable federal law.(b) For the 2026-2027 and 2027-2028 school years, thecommissioner shall determine the formulas through which schooldistricts receive funding under Sections 48.102 and 48.1021. Indetermining the formulas, the commissioner may combine the methodsof funding under those sections with the method of funding providedby Section 48.102, as it existed on January 1, 2025.(c) For the 2028-2029 school year, the commissioner mayadjust the weights or amounts set for purposes of Section 48.102 or48.1021. Before making an adjustment under this subsection, thecommissioner shall:(1) submit the proposed adjustment to the secretary ofstate for publication in the Texas Register and must receive noticeof publication; and(2) notify in writing and must receive approval fromthe Legislative Budget Board.(d) Notwithstanding any other provision of this section,the sum of funding provided under Sections 48.102 and 48.1021 forthe 2026-2027 or for the 2027-2028 school year as adjusted underthis section may not exceed the sum of:(1) funding that would have been provided underSection 48.102, as it existed on January 1, 2025; and(2) the amount set by the legislature in the GeneralAppropriations Act.(e) Each school district and open-enrollment charter schoolshall report to the agency information necessary to implement thissection.(f) The agency shall provide technical assistance to schooldistricts and open-enrollment charter schools to ensure asuccessful transition in funding formulas for special education.(g) This section expires September 1, 2030.SECTION 15. Sections 48.103(a) and (c), Education Code, areamended to read as follows:(a) Subject to Subsection (b), for each student that aschool district serves who has been identified as having dyslexiaor a related disorder, the district is entitled to an annualallotment equal to the basic allotment multiplied by 0.5 [0.1] or agreater amount provided by appropriation.(c) A school district may receive funding for a studentunder each provision of this section, [and] Section 48.102, andSection 48.1021 for which [if] the student qualifies [satisfies therequirements of both sections].SECTION 16. Section 48.110(d), Education Code, is amendedto read as follows:(d) For each annual graduate in a cohort described bySubsection (b) who demonstrates college, career, or militaryreadiness as described by Subsection (f) in excess of the minimumnumber of students determined for the applicable district cohortunder Subsection (c), a school district is entitled to an annualoutcomes bonus of:(1) if the annual graduate is educationallydisadvantaged, $5,000;(2) if the annual graduate is not educationallydisadvantaged, $3,000; and(3) if the annual graduate is enrolled in a specialeducation program under Subchapter A, Chapter 29, $5,000 [$2,000],regardless of whether the annual graduate is educationallydisadvantaged.SECTION 17. Section 48.151(g), Education Code, is amendedto read as follows:(g) A school district or county that provides specialtransportation services for eligible [special education] studentsreceiving special education services is entitled to a stateallocation at a [paid on a previous year's cost-per-mile basis.The] rate of $2 per mile or a greater amount provided [allowableshall be set] by appropriation [based on data gathered from thefirst year of each preceding biennium]. Districts may use a portionof their support allocation to pay transportation costs, ifnecessary. The commissioner may grant an amount set byappropriation for private transportation to reimburse parents ortheir agents for transporting eligible special education students.The mileage allowed shall be computed along the shortest publicroad from the student's home to school and back, morning andafternoon. The need for this type of transportation shall bedetermined on an individual basis and shall be approved only inextreme hardship cases.SECTION 18. Subchapter D, Chapter 48, Education Code, isamended by adding Section 48.157 to read as follows:Sec. 48.157. SPECIAL EDUCATION CERTIFICATION ALLOTMENT.(a) For each classroom teacher, educational diagnostician,licensed specialist in school psychology, speech pathologist,physical therapist, occupational therapist, behavior analyst,dyslexia therapist, or other special education professionalemployed by a school district who, during the preceding year,became certified under Subchapter B, Chapter 21, to teach specialeducation or as an educational diagnostician or under theapplicable provision of the Occupations Code, as applicable, thedistrict is entitled to an allotment in the amount of the employee'scertification fee.(b) A school district shall use an allotment received underthis section to provide a stipend in the amount of the allotment tothe employee for whom the district received the allotment. Astipend received under this subsection by an employee subject tothe minimum salary schedule under Section 21.402 is not consideredin determining whether the district is paying the employee theminimum monthly salary under that section.SECTION 19. Subchapter F, Chapter 48, Education Code, isamended by adding Section 48.2522 to read as follows:Sec. 48.2522. ADDITIONAL STATE AID FOR SALARY STIPENDS FORCERTAIN SPECIAL EDUCATION EMPLOYEES. A school district, includinga school district that is otherwise ineligible for state aid underthis chapter, is entitled to state aid in an amount equal to thetotal amount of salary stipends to which classroom teachers andparaprofessionals employed by the district are entitled to receiveunder Section 21.4024.SECTION 20. Section 48.265(a), Education Code, is amendedto read as follows:(a) If [Notwithstanding any other provision of law, if] thecommissioner determines that the amount appropriated for thepurposes of the Foundation School Program exceeds the amount towhich school districts are entitled under this chapter, thecommissioner may provide [by rule shall establish a grant programthrough which excess funds are awarded as] grants using the excessmoney for the purchase of video equipment, or for the reimbursementof costs for previously purchased video equipment, used formonitoring special education classrooms or other special educationsettings required under Section 29.022.SECTION 21. Section 48.279(e), Education Code, is amendedto read as follows:(e) After the commissioner has replaced any withheldfederal funds as provided by Subsection (d), the commissioner shalldistribute the remaining amount, if any, of funds described bySubsection (a) to proportionately increase funding for the specialeducation allotment under Section 48.102 and the special educationservice group allotment under Section 48.1021.SECTION 22. Section 825.4092(f), Government Code, isamended to read as follows:(f) A reporting employer is ultimately responsible forpayment of the amounts required to be contributed under Subsections(b) and (c). The employer may not directly or indirectly pass thatcost on to the retiree through payroll deduction, by imposition of afee, or by any other means designed to recover the cost. Thissubsection does not apply to contributions required for a retireeemployed by a school district or open-enrollment charter school toteach special education.SECTION 23. Section 21.4024, Education Code, as added bythis Act, Subchapter E, Chapter 22, Education Code, as added by thisAct, Chapter 29, Education Code, as amended by this Act, and Section825.4092(f), Government Code, as amended by this Act, applybeginning with the 2025-2026 school year.SECTION 24. (a) Except as provided by Subsection (b) ofthis section, this Act takes effect immediately if it receives avote of two-thirds of all the members elected to each house, asprovided by Section 39, Article III, Texas Constitution. If thisAct does not receive the vote necessary for immediate effect, thisAct takes effect September 1, 2025.(b) The amendments by this Act to Chapter 48, EducationCode, take effect September 1, 2025.
Relating to special education and special education funding under the Foundation School Program.
Sponsors
Rep. Mary Gonzalez (D) sponsors HB 2419 alone.
Committees
HB 2419 went before 1 committee: Public Education.
History
HB 2419 has taken 3 actions since Feb 4, 2025, the latest on Mar 17, 2025.
| Chamber | Action | |||
|---|---|---|---|---|
Mar 17, 2025 | House | Read first time | ||
Mar 17, 2025 | House | Referred to Public Education | ||
Feb 4, 2025 | House | Filed |
Votes
HB 2419 has not gone to a roll call.
Source: capitol.texas.gov · legiscan.com