Tex. Educ. Code Section 48.102
Special Education


(a)

For each student in average daily attendance in a special education program under Subchapter A (Statewide Plan), Chapter 29 (Educational Programs), in a mainstream instructional arrangement, a school district is entitled to an annual allotment equal to the basic allotment, or, if applicable, the sum of the basic allotment and the allotment under Section 48.101 (Small and Mid-sized District Allotment) to which the district is entitled, multiplied by 1.15. For each full-time equivalent student in average daily attendance in a special education program under Subchapter A (Statewide Plan), Chapter 29 (Educational Programs), in an instructional arrangement other than a mainstream instructional arrangement, a district is entitled to an annual allotment equal to the basic allotment, or, if applicable, the sum of the basic allotment and the allotment under Section 48.101 (Small and Mid-sized District Allotment) to which the district is entitled, multiplied by a weight determined according to instructional arrangement as follows:
Self-contained, mild and moderate,

(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 by commissioner rule. 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 by commissioner rule 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 commissioner 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 commissioner 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 commissioner 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)

At least 55 percent of the funds allocated under this section must be used in the special education program under Subchapter A (Statewide Plan), Chapter 29 (Educational Programs).

(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)

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 basic allotment, or, if applicable, the sum of the basic allotment and the allotment under Section 48.101 (Small and Mid-sized District Allotment) to which the district is entitled 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.

(k)

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 (School Districts that Provide Education Solely to Students Confined to or Educated in Hospitals). 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, Sec. 1, eff. May 30, 1995. Amended by Acts 2003, 78th Leg., ch. 545, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 494 (H.B. 1130), Sec. 1, eff. September 1, 2011.
Transferred, redesignated and amended from Education Code, Section 42.151 by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.025, eff. September 1, 2019.

Source: Section 48.102 — Special Education, https://statutes.­capitol.­texas.­gov/Docs/ED/htm/ED.­48.­htm#48.­102 (accessed Mar. 23, 2024).

48.001
State Policy
48.002
Purposes of Foundation School Program
48.003
Student Eligibility
48.004
Administration of the Program
48.005
Average Daily Attendance
48.006
Average Daily Attendance for Districts in Disaster Area
48.007
Off-campus Programs Approved for Purposes of Average Daily Attendance
48.009
Required Peims Reporting
48.010
Determination of Funding Levels
48.0051
Incentive for Additional Instructional Days
48.051
Basic Allotment
48.052
Sparsity Adjustment
48.053
Allotment for Certain Special-purpose School Districts
48.101
Small and Mid-sized District Allotment
48.102
Special Education
48.103
Allotment for Student with Dyslexia or Related Disorder
48.104
Compensatory Education Allotment
48.105
Bilingual Education Allotment
48.106
Career and Technology Education Allotment
48.107
Public Education Grant Allotment
48.108
Early Education Allotment
48.109
Gifted and Talented Student Allotment
48.110
College, Career, or Military Readiness Outcomes Bonus
48.111
Fast Growth Allotment
48.112
Teacher Incentive Allotment
48.114
Mentor Program Allotment
48.115
School Safety Allotment
48.151
Transportation Allotment
48.152
New Instructional Facility Allotment
48.153
Dropout Recovery School and Residential Placement Facility Allotment
48.154
Tuition Allotment for Districts Not Offering All Grade Levels
48.155
College Preparation Assessment Reimbursement
48.156
Certification Examination Reimbursement
48.201
Purpose
48.202
Tier Two Allotment
48.203
Limitation on Enrichment Tax Rate
48.204
Computation of Aid for District on Military Reservation or at State School
48.251
Financing
48.252
School District Entitlement for Certain Students
48.253
Additional State Aid for Tax Increment Financing Payments
48.254
Additional State Aid for Ad Valorem Tax Credits Under Texas Economic Development Act
48.255
State Compression Percentage
48.257
Local Revenue Level in Excess of Entitlement
48.258
Adjustment for Rapid Decline in Taxable Value of Property
48.259
Adjustment for Optional Homestead Exemption
48.260
Adjustment for Property Value Affected by State of Disaster
48.261
Reimbursement for Disaster Remediation Costs
48.262
Adjustments for Certain Districts Receiving Federal Impact Aid
48.265
Excess Funds for Video Surveillance of Special Education Settings
48.266
Distribution of Foundation School Fund
48.267
Adjustment by Commissioner
48.268
Adjustment for Resolution of Dispute or Error Resulting in Taxation of Same Property by Multiple School Districts
48.269
Estimates Required
48.270
Falsification of Records
48.271
Effect of Appraisal Appeal
48.272
Recovery of Overallocated Funds
48.273
Foundation School Fund Transfers
48.274
Foundation School Fund Transfers to Certain Charter Schools
48.275
Use of Certain Funds
48.277
Formula Transition Grant
48.278
Equalized Wealth Transition Grant
48.279
Maintenance of State Financial Support for Special Education
48.283
Additional State Aid for Certain Districts Impacted by Compression
48.301
Additional Assistance for Districts with Students Using Public Education Grants
48.302
Subsidy for High School Equivalency Examination for Certain Individuals
48.303
Additional State Aid for Regional Education Service Center Staff Salary Increases
48.305
Allotment for Non-enrolled Students Participating in University Interscholastic League Activities
48.307
Additional State Aid for State-approved Instructional Materials
48.308
Additional State Aid for Open Education Resource Instructional Material
48.1041
Compensatory Education Allotment Advisory Committee
48.2541
Additional State Aid for Certain Ad Valorem Tax Refunds
48.2542
Additional State Aid for Adjustment of Limitation on Tax Increases on Homestead of Elderly or Disabled
48.2543
Additional State Aid for Homestead Exemption
48.2551
Maximum Compressed Tax Rate
48.2552
Limitation on Maximum Compressed Rate
48.2556
Posting on Agency Website of Information Related to Reduction of Limitation of Tax on Homesteads of Elderly or Disabled
48.2642
Adjustments for Texas First Early High School Completion Program Graduates
48.2721
Recovery of Funds from Excessive Taxation

Accessed:
Mar. 23, 2024

§ 48.102’s source at texas​.gov