Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 89 - ADAPTATIONS FOR SPECIAL POPULATIONS › Subchapter AA - COMMISSIONER'S RULES CONCERNING SPECIAL EDUCATION SERVICES › Division 4 - SPECIAL EDUCATION FUNDING › Section 89.1121 - Distribution of State Funds

Current through Reg. 49, No. 28; July 12, 2024
(a) Procedures for
					 counting the average daily attendance (ADA) of students receiving special
					 education services in various instructional settings must be developed by the
					 commissioner of education and included in the student attendance accounting
					 handbook adopted under §129.1025 of this title (relating to Adoption by
					 Reference: Student Attendance Accounting Handbook).
(b) State special education funds must be
					 distributed to school districts on the basis of ADA of full-time equivalents of
					 eligible students served in accordance with §129.21 of this title
					 (relating to Requirements for Student Attendance Accounting for State Funding
					 Purposes).
(c) The special
					 education attendance must be converted to contact hours by instructional
					 arrangement and then to full-time equivalents. The full-time equivalent for
					 each instructional arrangement is multiplied by the annual amount equal to the
					 basic allotment or, if applicable, the sum of the basic allotment and the
					 allotment under Texas Education Code (TEC), §48.101, and then multiplied
					 by the weight for the instructional arrangement as prescribed in TEC,
					 §48.102(a). Contact hours for any one student receiving special education
					 services may not exceed six hours per day or 30 hours per week for funding
					 purposes. The total contact hours generated per week is divided by 30 to
					 determine the full-time equivalents. Special education full-time equivalents
					 generated are deducted from the school district's ADA for purposes of the
					 regular education allotment.
(d)
					 The receipt of special education funds is contingent upon the operation of an
					 approved comprehensive special education program in accordance with state and
					 federal laws and regulations. No district may divert special education funds
					 for other purposes, with the exception of administrative costs as defined in
					 Chapter 105, Subchapter B, of this title (relating to Use of State Funds).
					 Funds generated by full-time equivalents in one instructional arrangement may
					 be spent on the overall special education program and are not limited to the
					 instructional arrangement which generated the funds. The district must maintain
					 separate accountability for the total state special education program fund
					 within the general fund.
(e) A
					 special education fund balance may be carried over to the next fiscal year but
					 must be expended on the special education program in the subsequent year. State
					 special education carryover funds cannot be used for administrative
					 costs.
(f) Students who are at
					 least three, but younger than 22, years of age on September 1 of the current
					 scholastic year who participate in the regional day school program for the deaf
					 may be counted as part of the district's ADA if they receive instruction from
					 the basic program for at least 50% of the school day.
(g) Students from birth through age two with
					 a visual impairment, who are deaf or hard of hearing, or both who are provided
					 services by the district according to an individual family services plan (IFSP)
					 must be enrolled on the district home or regional day school campus and must be
					 considered eligible for ADA on the same basis as other students receiving
					 special education services.
(h)
					 Funding for the mainstream special education instructional arrangement must be
					 based on the average daily attendance of the students in the arrangement
					 multiplied by the annual amount equal to the basic allotment or, if applicable,
					 the sum of the basic allotment and the allotment under TEC, §48.101, and
					 the 1.15 weight as provided by TEC, §48.102(a). The attendance must not be
					 converted to contact hours/full-time equivalents as with the other
					 instructional arrangements.