All Roll Calls
Yes: 317 • No: 7
TexasSB 56889th Legislature Regular SessionSenateWALLET
Relating to special education in public schools, including funding for special education under the Foundation School Program.
Sponsored By: Paul Bettencourt (Republican), Brad Buckley, Creighton, Pete Flores (Republican), José Menéndez (Democratic), Mayes Middleton (Republican), Tan Parker (Republican), Angela Paxton (Republican), Royce West (Democratic), Judith Zaffirini (Democratic)
Signed by Governor
Disabilities, Persons withEducation--Primary & Secondary--Charter SchoolsEducation--Primary & Secondary--FinanceEducation--Primary & Secondary--SpecialEducation--School DistrictsLegislatureState Finances--Management & ControlAUTISM & PERVASIVE DEVELOPMENTAL DISORDERSDYSLEXIAFOUNDATION SCHOOL PROGRAMREGIONAL EDUCATION SERVICE CENTERSVIDEO CAMERASBLIND & VISUALLY IMPAIRED, TEXAS SCHOOL FOR THEDEAF, TEXAS SCHOOL FOR THEEDUCATION AGENCY, TEXASEDUCATION, COMMISSIONER OFHEALTH & HUMAN SERVICES COMMISSION
Personalized for You
How does this bill affect your finances?
Personalize government policy and PRIA will tell you what this bill means for your household, plus every other piece of legislation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.
Bill Overview
Analyzed Economic Effects
29 provisions identified: 23 benefits, 1 costs, 5 mixed.
More children qualify for special education
Children with covered visual or hearing disabilities, including deaf-blindness, can qualify from birth through age 21. These disabilities must prevent safe or adequate education without special education services. Children ages 3–9 can qualify for developmental delays defined under federal law and state rules. Students ages 3–21 can qualify for other federally covered disabilities that prevent safe or adequate education without services. The Texas Education Agency must set eligibility rules that follow federal law.
Community support grants help eligible families
Families qualify for community support grants when a student's education committee would choose an approved residential placement. Students in day placement also qualify when they risk entering an approved residential program. Grants cover approved noneducational supports, not services that provide the student's free appropriate public education. At a parent's request, the commissioner must create an account for requesting payments; districts must notify eligible families and provide staff help. Commissioner rules set award amounts, access steps, and how parents can request an increase.
Better communication access for deaf students
Staff serving deaf or hard-of-hearing students must be prepared; teachers must use appropriate language modes or appropriately certified interpreters when certification exists. Assessments and placement materials must use the student's preferred communication mode. For students also learning English, that requirement covers all other procedures and materials. Districts must regularly assess language development for deaf or hard-of-hearing children age eight or younger using commissioner-approved tools. Districts must also continually evaluate their services using state measures and report results to the Texas Education Agency.
Camera protections reach more special education settings
After an authorized written request, districts and charter schools must provide cameras in covered special education settings. Covered settings primarily serve students averaging less than 50% of the instructional day in general education; parents can request only settings their child attends. Schools must respond within seven school business days and activate cameras within 45 school business days, with extensions allowed. Cameras must operate while the request remains active that school year; footage is confidential and cannot be used for teacher evaluations. Beginning September 1, 2025, the commissioner may fund equipment purchases or reimbursements only from school appropriations exceeding district entitlements.
Closer oversight of outside student placements
The commissioner must set minimum standards and approve residential and day placement providers and contracts. Reviews must cover staff qualifications, costs, facilities, equipment, and coursework; using an unlisted provider requires an approval application. Contracting districts must oversee each student's education plan and review the arrangement annually. Reviews must include standards and expectations for returning the student to general education. Providers must regularly report services and required evaluation information to the district and Texas Education Agency.
Modified coursework can earn graduation honors
Students in special education can earn an endorsement or the distinguished level of achievement using modified coursework. Students must complete the applicable course requirements. Their education planning committee must find the modified coursework rigorous enough and record that finding in their education plan. The committee also decides whether passing an end-of-course test is required.
Schools get help supporting student behavior
Teachers and aides in settings designed for specialized behavioral support must have behavioral training available. Training must be available as needed or at intervals listed in the student's individualized education program. Districts can also request state or regional help creating classrooms that support students with disabilities. This includes students whose behavior seriously disrupts their own learning or others' learning. The district request process does not guarantee a particular service for an individual student.
Students gain stronger school placement protections
The Texas Education Agency must ensure special education students learn in the least restrictive setting appropriate for their needs. This duty includes students in residential placements and replaces a duty merely to encourage such settings. State health and education agencies must develop placement information for children who may qualify for a state supported living center. Schools must give parents those materials when the child's education committee discusses residential placement.
Students with sensory disabilities gain planning
Texas must maintain a statewide education plan for children under 22 with visual impairments, hearing loss, or deaf-blindness. It covers evaluations, individualized education programs, community services when possible, regional deaf programs, staff training, resources, and oversight. Eligible students are entitled to programs through an individualized education program. Every deaf or hard-of-hearing student must receive a thorough assessment of different ways they can communicate. The commissioner must use language-assessment data for deaf or hard-of-hearing children age eight or younger in disability grant and federal funding decisions.
Students with visual impairments gain instruction
Students with visual impairments must receive expanded instruction in skills such as mobility, technology, independent living, and self-determination. Initial eligibility evaluations and reevaluations must include a certified orientation and mobility specialist's assessment across settings and lighting conditions. That specialist must join the eligibility review, and education plans must treat reading and writing proficiency as a key progress measure. Plans must include braille unless the committee documents that literacy findings and current and future learning needs make it inappropriate. A properly certified teacher must teach braille, and districts must explain its benefits to education-plan participants.
Regional centers must support school services
Regional education service centers must offer core training and help that districts and campuses can purchase for covered state-funded programs. They must also maintain regional special education support. That support may include shared programs, equipment, direct services, and help finding suitable placements. Placement help covers students whose home districts cannot appropriately serve them.
Stronger checks on special education services
The Texas Education Agency must maintain a statewide system for special education compliance, guidance, training, and reporting. Reviews must include regular checks, risk-based checks, and input from parents and teachers. The agency can require expert help when violations or data show a need. Districts out of compliance for more than one year face progressive sanctions, including possible withheld funds that can support students and staff. Oversight also covers dyslexia programs; the agency may recommend evidence-based programs.
Broader school funding for dyslexia services
Beginning September 1, 2026, more students with dyslexia or related disorders count toward district dyslexia funding. Coverage includes qualifying services under an individualized education or Section 504 plan, and permitted dyslexia-related classroom or test changes without either plan. Districts can combine dyslexia funding with both special education allotments when the student qualifies for each. The former 20% cap on using dyslexia funds for private supplemental academic services is removed. Those services must be recommended under the student's applicable program or plan, and students cannot miss school to attend.
Funding caps lifted for extended-year services
The law removes the former 75% funding limit and $10 million yearly statewide cap for qualifying extended-year special education. Funding uses the basic allotment, any applicable additional allotment, and the student's highest qualifying service tier. It is prorated by program days. Schools can use this money only for federally required extended-year programs for students who may lose skills.
School funds reserved for special education
Beginning September 1, 2026, at least 55% of service-group allotment funds must support special education programs. Also beginning that date, designated funds must first replace federal funds withheld under the law's funding rule. Any money remaining must proportionately increase the special education and service-group allotments. These funds go to schools, not directly to families.
Special education funding follows student services
Beginning September 1, 2026, districts receive service-group funding for special education students, with amounts set in the state budget. At least four groups must reflect services, staff qualifications, staffing ratios, and needed equipment or technology. The commissioner submits proposed amounts for the next two-year budget to the Legislative Budget Board by December 1 of each even-numbered year. For 2026–2027, formulas must provide about $250 million more statewide than the former formula, using the same basic allotment. The commissioner can adjust amounts to meet federal funding-support requirements; the transition funding law expires September 1, 2028.
Limits on private placement education funding
For private placements mainly for care or treatment, public education money cannot pay for the facility's own education program. If the district provides education instead, public funds may cover appropriate education services approved by the student's planning committee. Rules dividing approved residential placement costs among federal, state, and local funds expire September 1, 2027. The provision does not specify replacement cost-sharing rules or a family payment amount.
Student grants come with funding limits
Approved students can get up to $1,500 for extra services from state-approved providers and learning materials; applications are online. Students get one grant unless the state budget funds another. Awards depend on funding, and remaining eligible applicants join a waiting list for the next school year. A regional education center running the program can receive up to 4% of grant funding for administration. The education commissioner's program decisions are final and cannot be appealed.
School funding shifts toward service needs
Special education funding replaces placement-based weights with each student's highest qualifying level among eight service-intensity tiers. Tiers include residential placement and speech-only services, considering staffing, qualifications, equipment, and technology; lawmakers set the funding weights. The 2026–2027 school year uses a separate calculation. Covered districts also use service tiers for students temporarily eligible because of hospital confinement, with attendance hours suited to their condition when general education is appropriate. Shortage-grant eligibility must count both special education allotments and federal funds, limiting grants to districts still lacking enough money.
Supplemental accounts stay separate from school plans
School teams must develop education plans under federal disability law without considering parent-directed supplemental services or materials. For approved students, the team must explain approved services, materials, and account access unless the district has already verified account assignment. These rules do not set an account award amount.
Coordinated support for sensory disability services
The Texas Education Agency must carry out statewide duties for children with visual impairments, hearing disabilities, or deaf-blindness. The commissioner must create a system to distribute extra funding for visual impairment services to districts or regional centers. The director of services must develop and manage a statewide regional deaf-school plan within the broader statewide plan. The law's stated goal for regional day schools covers deaf and hard-of-hearing students under 22, including age 21.
Education providers keep control over teaching
State rules for the supplemental education program cannot treat providers, materials sellers, or participants as state agents. Rules cannot force actions against their religious or institutional values or go beyond enforcing program requirements. Program funding cannot depend on specified changes to their policies or teaching practices. Receiving program money alone does not make a provider or seller a recipient of federal financial assistance.
Schools report outcomes and earn bonuses
District and charter school boards must discuss special education student outcomes publicly at least once a year. State measures must include college, career, or military readiness. Beginning September 1, 2025, the district bonus for each qualifying special education graduate rises from $2,000 to $4,000. Bonuses cover ready graduates above the district cohort's minimum number, regardless of whether they are educationally disadvantaged. The money goes to districts, not graduates or families.
Funding supports deaf and blind students
The state must provide districts or regional education centers an allowance for each student with a visual impairment. Its amount is unspecified; it covers uniquely needed disability services and cannot replace other education funding. Beginning September 1, 2025, regional deaf education programs receive $6,925 per student each school year, or more through appropriations. The state must adjust those allotments to total at least $35 million per school year. When a district must reduce local revenue, its maintenance-tax contribution for students at the state blind or deaf school falls by that amount.
Regional day programs gain startup funding
Beginning September 1, 2025, a designated day placement program or cooperative receives $250,000 for its first year. Later years bring $100,000, plus $150,000 when at least three students are enrolled. Programs must follow commissioner rules, increase local service availability, and generally serve all district and charter students in the county. The commissioner can waive or modify that countywide service requirement. Designations are limited to one per county each year, and no more than 20 programs receive funding annually.
Schools get evaluation and transportation funding
Beginning September 1, 2025, districts receive $1,000 per child receiving a qualifying full individual and initial special education evaluation. The state budget can provide a higher amount. Eligible special education transportation uses the state's base mileage rate plus 13 cents per mile, or more through appropriations. This replaces the prior-year cost-per-mile basis. Both payments support school costs rather than paying families directly.
Fewer required sensory education oversight steps
The Texas School for the Deaf's state agreement no longer must include accreditation ratings, annual rating reviews, or monitoring when needed. The statewide sensory disability plan no longer must include one statewide admission, review, and dismissal process. Removing that planning requirement does not itself change special education eligibility.
Clearer education plans, narrower autism authority
Districts must form a child's education planning committee before special education enrollment. A required general education teacher must, when practical, be responsible for carrying out part of the plan. Parents whose main language is Spanish must receive a written or audio Spanish copy; districts must make good-faith translation efforts for other languages. The commissioner can require autism-specific plan content needed for a free appropriate public education. That authority no longer names other pervasive developmental disorders, but this change does not itself remove services.
More dispute help, tighter representative rules
The Texas Education Agency must set up rules for independent facilitators to help prevent or resolve education-plan disputes. Federal funding is allowed only when the commissioner finds enough money available. Representatives must know special education laws and dispute options. A former district employee cannot represent someone against that district if the district objects. Paid hearing representatives must agree to an ethics code and a written agreement that explains how client disputes are resolved.
Sponsors & Cosponsors
Sponsors
Paul Bettencourt
Republican • Senate
Brad Buckley
House
Creighton
Affiliation unavailable
Pete Flores
Republican • Senate
José Menéndez
Democratic • Senate
Mayes Middleton
Republican • Senate
Tan Parker
Republican • Senate
Angela Paxton
Republican • Senate
Royce West
Democratic • Senate
Judith Zaffirini
Democratic • Senate
Cosponsors
Carol Alvarado
Democratic • Senate
César Blanco
Democratic • Senate
Donna Campbell
Republican • Senate
Molly Cook
Democratic • Senate
Brent Hagenbuch
Republican • Senate
Juan "Chuy" Hinojosa
Democratic • Senate
Joan Huffman
Republican • Senate
Phil King
Republican • Senate
Lois Kolkhorst
Republican • Senate
Charles Perry
Republican • Senate
Roll Call Votes
House vote • 6/1/2025
Record vote
Yes: 126 • No: 6
Senate vote • 5/31/2025
Record vote
Yes: 0 • No: 0
Senate vote • 5/31/2025
Record vote
Yes: 0 • No: 0
House vote • 5/28/2025
Record vote
Yes: 141 • No: 0
Senate vote • 4/7/2025
Record vote
Yes: 29 • No: 1
Senate vote • 4/7/2025
Record vote
Yes: 0 • No: 0
Senate vote • Unknown
Committee vote: Education K-16
Yes: 11 • No: 0
House vote • Unknown
Committee vote: Public Education
Yes: 10 • No: 0
Actions Timeline
See remarks for effective date
6/20/2025HouseSigned by the Governor
6/20/2025HouseSent to the Governor
6/3/2025HouseSigned in the House
6/2/2025HouseSigned in the Senate
6/2/2025SenateReported enrolled
6/2/2025SenateHouse adopts conf. comm. report-reported
6/1/2025SenateStatement(s) of vote recorded in Journal
6/1/2025HouseRecord vote (RV#4139)
6/1/2025HouseHouse adopts conference committee report
6/1/2025HouseHouse adopts resolution to go outside bounds (HR 1501)
6/1/2025HouseSenate adopts conf. comm. report-reported
5/31/2025HouseRecord vote
5/31/2025SenateSenate adopts conference committee report
5/31/2025SenateRecord vote
5/31/2025SenateRules suspended
5/31/2025SenateSenate adopts resolution to go outside bounds (SR 709)
5/31/2025SenateConference committee report filed
5/31/2025SenateConf. Comm. Report distributed
5/31/2025HouseHouse appoints conferees-reported
5/30/2025SenateHouse grants request for conf comm-reported
5/30/2025SenateHouse appoints conferees
5/30/2025HouseHouse grants request for conference committee
5/30/2025HouseSenate appoints conferees-reported
5/29/2025HouseSenate requests conference committee-reported
5/29/2025House
Bill Text
Engrossed
Enrolled
House Committee Report
Introduced
Senate Committee Report
Related Bills
SB 25, Relating to health and nutrition standards to promote healthy living, including requirements for food labeling, primary and secondary education, higher education, and continuing education for certain health care professionals; authorizing a civil penalty.
HB 4325, Relating to civil liability for prohibited barratry.
HB 4042, Relating to the applicability of certain safety provisions and regulatory fees administered by the Railroad Commission of Texas to gas distribution pipelines.
HB 3372, Relating to prohibiting certain personal services performed by school district administrators; providing a civil penalty.
HB 2853, Relating to student union building fees at The University of Texas at El Paso.
HB 2518, Relating to the use of installment premium payment plans on Texas Windstorm Insurance Association policies.