Texas Education Code - Section 42.151. Special Education
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§ 42.151. 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 adjusted basic allotment multiplied by 1.1. 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 adjusted basic allotment 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 3.0 moderate, regular campus Self-contained, severe, 3.0 regular campus Off home campus 2.7 Nonpublic day school 1.7 Vocational adjustment class 2.3
(b) 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 under
the rules of the State Board of Education. 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 under the rules of the State
Board of Education with a funding weight of 2.8.
(c) 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 State Board of Education 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 board 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 State Board of Education 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) Funds allocated under this section, other than an
indirect cost allotment established under State Board of Education
rule, must be used in the special education program under
Subchapter A, Chapter 29.
(i) The agency shall encourage the placement of students in
special education programs, including students in residential
instructional arrangements, in the least restrictive environment
appropriate for their educational needs.
(j) Each year, the agency shall make and disseminate to each
school district a list of those districts that maintain for two
successive years a ratio of full-time equivalent students placed in
partially or totally self-contained classrooms to the number of
full-time equivalent students placed in resource room or mainstream
instructional arrangements that is 25 percent higher than the
statewide average ratio.
(k) 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 adjusted basic allotment or adjusted allotment, as applicable,
for each full-time equivalent student in average daily attendance,
multiplied by the amount designated for the 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.
(l) 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.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2003, 78th Leg., ch. 545, § 1, eff. Sept. 1,
2003.
Section: 42.007 42.101 42.102 42.103 42.104 42.105 42.106 42.151 42.152 42.153 42.154 42.155 42.156 42.157 42.158
Last modified: August 10, 2007
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