HB2419 - Relating to special education and special education funding under the Foundation School Program.

  89R8129 KJE-D     By: González of El Paso H.B. No. 2419       A BILL TO BE ENTITLED   AN ACT   relating to special education and special education funding under   the Foundation School Program.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 8.051(d), Education Code, is amended to   read as follows:          (d)  Each regional education service center shall maintain   core services for purchase by school districts and campuses.  The   core services are:                (1)  training and assistance in:                      (A)  teaching each subject area assessed under   Section 39.023; and                      (B)  providing instruction in personal financial   literacy as required under Section 28.0021;                (2)  training and assistance in providing each program   that 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 school   district or campus assigned an unacceptable performance rating   under Section 39.054;                (4)  training and assistance to teachers,   administrators, members of district boards of trustees, and members   of site-based decision-making committees;                (5)  assistance specifically designed for a school   district that is considered out of compliance with state or federal   special education requirements, based on the agency's most recent   compliance 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, is   amended by adding Section 21.4024 to read as follows:           Sec.   21.4024.     SALARY STIPENDS FOR CERTAIN SPECIAL EDUCATION   EMPLOYEES. (a)   A classroom teacher or full-time paraprofessional   assigned to and certified in special education is entitled to   receive an annual salary stipend in the amount of $1,000 plus $150   for each year of experience in special education, up to a maximum of   $2,500.           (b)     A salary stipend a classroom teacher receives under this   section:                 (1)  is in addition to:                       (A)     the regular salary to which the teacher is   entitled under this subchapter; and                       (B)  any local supplement; and                 (2)     is not considered in determining whether the   district is paying the teacher the minimum monthly salary under   Section 21.402.           (c)     A salary stipend a paraprofessional receives under this   section is in addition to any local supplement or wages the district   would otherwise pay the paraprofessional during the school year.          SECTION 3.  Chapter 22, Education Code, is amended by adding   Subchapter E to read as follows:   SUBCHAPTER E. RETIRED SPECIAL EDUCATION TEACHER GRANT PROGRAM           Sec.   22.151.     RETIRED SPECIAL EDUCATION TEACHER GRANT   PROGRAM. (a)   From money appropriated or otherwise available for   the purpose, the commissioner shall establish a grant program to   reimburse school districts and open-enrollment charter schools for   the cost of required contributions under Section 825.4092,   Government Code, for the employment of a retiree hired to teach   special education or provide services related to special education.           (b)     A grant received under the program may only be used for   the 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 program   exceeds the amount appropriated or otherwise available for the   purpose, the commissioner shall proportionately reduce the amount   of each grant.          SECTION 4.  Section 29.002, Education Code, is amended to   read as follows:          Sec. 29.002.  DEFINITION.  In this subchapter, "special   services" means:                (1)  special education instruction, which may be   provided by professional and supported by paraprofessional   personnel in a general education setting [ the regular classroom ] or   in a special education setting, as defined by commissioner rule [ an   instructional arrangement described by Section 48.102 ]; and                (2)  related services, which are developmental,   corrective, supportive, or evaluative services, not instructional   in nature, that may be required for the student to benefit from   special education instruction and for implementation of a student's   individualized education program.          SECTION 5.  Subchapter A, Chapter 29, Education Code, is   amended by adding Section 29.0055 to read as follows:           Sec.   29.0055.     LOCAL INTELLECTUAL AND DEVELOPMENTAL   DISABILITY AUTHORITY INFORMATION.   At the meeting at which a   child's initial individualized education program is developed, the   school district shall provide to the child's parent the contact   information for the local intellectual and developmental   disability authority for the region in which the district is   located for use in discussing services or public benefits that may   provide additional support to the child.          SECTION 6.  Section 29.008, Education Code, is amended by   amending Subsections (a) and (b) and adding Subsection (a-1) to   read as follows:          (a)   The commissioner shall establish a list of approved   public or private facilities, institutions, or agencies inside or   outside of this state that a  [ A ] school district, shared services   arrangement unit, or regional education service center may contract   with [ a public or private facility, institution, or agency inside   or outside of this state ] for the provision of services to students   with disabilities in a residential placement.   The commissioner may   approve either the whole or a part of a facility or program .           (a-1)   Each contract described by this section [ for   residential placement ] must be approved by the commissioner.  The   commissioner may approve a [ residential placement ] contract under   this section only after at least a programmatic evaluation of   personnel qualifications, costs, adequacy of physical plant and   equipment, and curriculum content.  [ The commissioner may approve   either the whole or a part of a facility or program. ]          (b)  Except as provided by Subsection (c), costs of an   approved contract for residential placement may be paid from a   combination of federal, state, and local funds.  The local share of   the total contract cost for each student is that portion of the   local tax effort that exceeds the district's local fund assignment   under Section 48.256, divided by the average daily attendance in   the district.  If the contract involves a private facility, the   state share of the total contract cost is that amount remaining   after subtracting the local share.  If the contract involves a   public facility, the state share is that amount remaining after   subtracting the local share from the portion of the contract that   involves the costs of instructional and related services.  For   purposes of this subsection, "local tax effort" means the total   amount of money generated by taxes imposed for debt service and   maintenance and operation less any amounts paid into a tax   increment fund under Chapter 311, Tax Code.   This subsection   expires September 1, 2029.          SECTION 7.  Section 29.014(d), Education Code, is amended to   read as follows:          (d)  The basic allotment for a student enrolled in a district   to which this section applies is adjusted by the tier of intensity   of service defined in accordance with [ weight for a homebound   student under ] Section 48.102 and designated by commissioner rule   for use under this section [ 48.102(a) ].          SECTION 8.  Section 29.022(u)(3), Education Code, is amended   to read as follows:                (3)  "Self-contained classroom" does not include a   classroom that is a resource room as defined by commissioner rule   [ instructional arrangement under Section 48.102 ].          SECTION 9.  Subchapter A, Chapter 29, Education Code, is   amended by adding Section 29.028 to read as follows:           Sec.   29.028.     SUPPORTS FOR RECRUITING SPECIAL EDUCATION   STAFF. (a) From money appropriated or otherwise available for the   purpose, the agency shall provide grants to school districts and   open-enrollment charter schools to increase the number of qualified   and appropriately credentialed special education staff, including   special education teachers, special education paraprofessionals,   evaluation personnel, educational interpreters, ancillary   instruction personnel, and related service personnel.           (b)     A school district or open-enrollment charter school   that receives a grant under this section shall require each person   the district or school uses the grant money to assist in becoming   licensed, certified, or otherwise credentialed as described by   Subsection (a) to work at the district or school for a period   established by commissioner rule.           (c)     The commissioner shall adopt rules establishing the   period of required employment described by Subsection (b) and any   other rules necessary to implement this section.          SECTION 10.  Section 29.316(c), Education Code, is amended   to read as follows:          (c)  Not later than August 31 of each year, the agency, the   division, and the center jointly shall prepare and post on the   agency's, the division's, and the center's respective Internet   websites a report on the language acquisition of children eight   years of age or younger who are deaf or hard of hearing. The report   must:                (1)  include:                      (A)  existing data reported in compliance with   federal law regarding children with disabilities; and                      (B)  information relating to the language   acquisition of children who are deaf or hard of hearing and also   have other disabilities;                (2)  state for each child:                      (A)  the educational setting [ instructional   arrangement ] used with the child, as defined by commissioner rule     [ described by Section 48.102 ], including the time the child spends   on average in a general education setting [ mainstream instructional   arrangement ];                      (B)  the specific language acquisition services   provided to the child, including:            &#xA [Text truncated for display. Full text available on Congress.gov.]