School districts are entitled to a special education service-group allotment, and the commissioner must set at least four service groups.
Text of section effective on September 01, 2026 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 2026-2027 school year, 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. Added by Acts 2025, 89th Leg., R.S., Ch. 1065 (H.B. 2), Sec. 4.55, eff. September 1, 2026. Added by Acts 2025, 89th Leg., R.S., Ch. 1137 (S.B. 568), Sec. 56, eff. September 1, 2026.