The Legal Framework for the Child-Centered Special Education Process
 
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DISTRIBUTION OF STATE SPECIAL EDUCATION FUNDS TO LEAs  
 
Authorities:  34 C.F.R. Part 300; Texas Education Code; 19 T.A.C. Chapters 89, 129
 
 
 
FEDERAL AND STATE REQUIREMENTS CITATIONS

AVERAGE DAILY ATTENDANCE (ADA)


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Procedures for counting the ADA of children receiving special education services in various instructional settings will be developed by the Commissioner of Education and included in the daily register for pupil attendance accounting; and

 		89.1121(a)


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State special education funds will be distributed to local educational agencies (LEA) on the basis of ADA of full time equivalents (FTEs) of eligible children served in accordance with the Requirements for Student Attendance Accounting for State Funding Purposes.

 		129.21
89.1121(b)


FULL TIME EQUIVALENTS (FTES)


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The special education attendance will be converted to contact hours by instructional arrangement and then to FTEs.

 		89.1121(c)


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The FTE for each instructional arrangement is multiplied by the LEA's adjusted basic allotment and then multiplied by the weight for the instructional arrangement.

 		89.1121(c)


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Contact hours for any one child receiving special education services may not exceed six hours per day or 30 hours per week for funding purposes.

 		89.1121(c)
TEC 42.151(f)


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The total contact hours generated per week will be divided by 30 to determine the FTEs.

 		89.1121(c)


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Special education FTEs generated will be deducted from the LEA's ADA for purposes of the regular education allotment.

 		89.1121(c)


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Funds generated by FTEs 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.

 		89.1121(d)


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For each FTE child in ADA in a special education program and in an instructional arrangement other than a mainstream instructional arrangement, the LEA is entitled to an annual allotment equal to the adjusted basic allotment multiplied by a weight determined according to instructional arrangement as follows: TEC 42.151(a)


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  • Funding for the mainstream special education instructional arrangement will be based on the ADA of the children in the arrangement multiplied by the adjusted basic allotment/adjusted allotment (ABA/AA) and the 1.1 weight; but
 		89.1121(h)


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  • The attendance will not be converted to contact hours/FTEs as with the other instructional arrangements.
 		89.1121(h)


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For funding purposes the contact hours credited per day for the 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.

 		TEC 42.151(d)


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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. TEC 42.151(c)


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  • For each FTE child in ADA in a special education program in an instructional arrangement other than a mainstream instructional arrangement, the LEA is entitled to an annual allotment equal to the adjusted basic allotment multiplied by a weight determined according to instructional arrangement as follows:
 		TEC 42.151(a)


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    • Homebound 5.0;
 		TEC 42.151(a)


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    • Hospital class 3.0;
 		TEC 42.151(a)


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    • Speech therapy 5.0;
 		TEC 42.151(a)


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    • Resource room 3.0;
 		TEC 42.151(a)


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    • Self-contained, mild and moderate, regular campus 3.0;
 		TEC 42.151(a)


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    • Self-contained, severe, regular campus 3.0;
 		TEC 42.151(a)


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    • Off home campus 2.7;
 		TEC 42.151(a)


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    • Nonpublic day school 1.7; and
 		TEC 42.151(a)


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    • Vocational adjustment class 2.3.
 		TEC 42.151(a)


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A special instructional arrangement for children with disabilities residing in care and treatment facilities, whose parents or guardians do not reside in the LEA providing education services must be established under the rules of the State Board of Education (SBOE): TEC 42.151(b)


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  • The funding weight for other than state schools will be 4.0 for those children who receive their education service on a LEA campus; but
 		TEC 42.151(b)


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  • The funding weight for children with disabilities residing in state schools will be 2.8.
 		TEC 42.151(b)


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The LEA that provides an extended school year (ESY) program is entitled to receive funds up to 75 percent of the applicable allotment for each FTE child in ADA, multiplied by the amount designated for the child's instructional arrangement for each day the program is provided and divided by the number of days in the minimum school year: TEC 42.151(k)


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  • The LEA may use funds received for ESY only in providing an extended year program; and
 		TEC 42.151(k)


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 		89.1065(9)


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Children from birth through age two with a visual or auditory impairment or both who are provided services by the LEA according to an individual family services plan (IFSP) will be enrolled on the home or regional day school campus and will be considered eligible for ADA on the same basis as other children receiving special education services. 89.1121(g)


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Children 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 (RDSPD) may be counted as part of the LEA's ADA if they receive instruction from the LEA's basic program for at least 50 percent of the school day. 89.1121(f)


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The commissioner will withhold an amount specified in the General Appropriations Act and distribute that amount to LEAs that provide education solely to students confined to or educated in hospitals: TEC 29.014
TEC 42.151(l)


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  • This program is required only in LEAs in which the program is financed by funds distributed under this subsection and any other funds available for the program; and
 		TEC 29.014
TEC 42.151(l)


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  • After deducting the amount withheld under this subsection from the total amount appropriated for special education, the commissioner will reduce each LEA's allotment proportionately and allocate funds to each LEA accordingly.
 		TEC 42.151(l)


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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. 89.1121(e)

 
 
Last Updated: Friday, July 10, 2009
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