HB 361 — Funding for special education under the Foundation Schoo

90R1884 ANG-F By: González of El Paso H.B. No. 361 relating to funding for special education under the Foundation School Program for the 2026-2027 and 2027-2028 school years.

SECTION 1. Section 48.102(a-1), Education Code, is amended to read as follows: (a-1) Notwithstanding Subsection (a), for the 2026-2027 and 2027-2028 school years [ year ], the amount of an allotment under this section shall be determined in accordance with Section 48.1022. This subsection expires September 1, 2028 [ 2027 ].

SECTION 2. Section 48.1021(a-1), Education Code, is amended to read as follows: (a-1) Notwithstanding Subsection (a), for the 2026-2027 and 2027-2028 school years [ year ], the amount of an allotment under this section shall be determined in accordance with Section 48.1022. This subsection expires September 1, 2028 [ 2027 ].

SECTION 3. Sections 48.1022(a), (b), and (e), Education Code, are amended to read as follows: (a) For the 2026-2027 and 2027-2028 school years [ year ], the commissioner shall [ may ] adjust weights or amounts provided under Section 48.102 or 48.1021 as necessary to ensure compliance with requirements regarding maintenance of state financial support under 20 U.S.C. Section 1412(a)(18) and maintenance of local financial support and effort under applicable federal law. (b) For the 2026-2027 and 2027-2028 school years [ year ], the commissioner shall determine the formulas through which school districts receive funding under Sections 48.102 and 48.1021. In determining the formulas, the commissioner shall ensure : (1) the estimated statewide amount provided by the sum of the allotments under Sections 48.102 and 48.1021 for the 2026-2027 school year is approximately $250 million greater than the amount that would have been provided under the allotment under Section 48.102, as that section existed on September 1, 2025, for that school year, calculating both amounts using the basic allotment in effect for the 2026-2027 school year ; and (2) the amount provided to a school district under Sections 48.102 and 48.1021 for the 2027-2028 school year is not less than the amount provided to the district under those sections for the 2026-2027 school year . (e) This section expires September 1, 2029 [ 2028 ].

SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2027.