| (a) Procedures for counting the average daily attendance
(ADA) of students receiving special education services in various
instructional settings must be developed by the commissioner of education
and included in the student attendance accounting handbook adopted
under §129.1025 of this title (relating to Adoption by Reference:
Student Attendance Accounting Handbook).
(b) State special education funds must be distributed
to school districts on the basis of ADA of full-time equivalents of
eligible students served in accordance with §129.21 of this title
(relating to Requirements for Student Attendance Accounting for State
Funding Purposes).
(c) The special education attendance must be converted
to contact hours by instructional arrangement and then to full-time
equivalents. The full-time equivalent for each instructional arrangement
is multiplied by the annual amount equal to the basic allotment or,
if applicable, the sum of the basic allotment and the allotment under
Texas Education Code (TEC), §48.101, and then multiplied by the
weight for the instructional arrangement as prescribed in TEC, §48.102(a).
Contact hours for any one student receiving special education services
may not exceed six hours per day or 30 hours per week for funding
purposes. The total contact hours generated per week is divided by
30 to determine the full-time equivalents. Special education full-time
equivalents generated are deducted from the school district's ADA
for purposes of the regular education allotment.
(d) The receipt of special education funds is contingent
upon the operation of an approved comprehensive special education
program in accordance with state and federal laws and regulations.
No district may divert special education funds for other purposes,
with the exception of administrative costs as defined in Chapter 105,
Subchapter B, of this title (relating to Use of State Funds). Funds
generated by full-time equivalents 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.
The district must maintain separate accountability for the total state
special education program fund within the general fund.
(e) 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.
(f) Students 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 may be
counted as part of the district's ADA if they receive instruction
from the basic program for at least 50% of the school day.
(g) Students from birth through age two with a visual
impairment, who are deaf or hard of hearing, or both who are provided
services by the district according to an individual family services
plan (IFSP) must be enrolled on the district home or regional day
school campus and must be considered eligible for ADA on the same
basis as other students receiving special education services.
(h) Funding for the mainstream special education instructional
arrangement must be based on the average daily attendance of the students
in the arrangement multiplied by the annual amount equal to the basic
allotment or, if applicable, the sum of the basic allotment and the
allotment under TEC, §48.101, and the 1.15 weight as provided
by TEC, §48.102(a). The attendance must not be converted to contact
hours/full-time equivalents as with the other instructional arrangements.
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| Source Note: The provisions of this §89.1121 adopted to be effective September 1, 1996, 21 TexReg 7240; amended to be effective March 6, 2001, 26 TexReg 1837; amended to be effective January 1, 2015, 39 TexReg 10446; amended to be effective October 5, 2021, 46 TexReg 6533 |
