Along with upholding the 33 million dollar penalty for spending less on the education of Special Education students in 2012 the U.S. Fifth Circuit of Appeals also criticized the way the state of Texas calculates how much to spend on Special Education. The U.S. Fifth Circuit of Appeals basically stated there is opportunity for future abuse by the state and the state’s method of allocating funds created an incentive to minimize a student’s actual needs.
Special Education and disability advocates have argued that the Texas formula for calculating Special Education funding and allocation is outdated and insufficient based on current student needs. The Texas formula leaves school districts with huge budget gaps since most students with a disability are in mainstream classrooms now.
The 86th regular legislative session begins on January 8, 2019 and school funding will be a top priority including fixing the outdated Special Education funding method and formula. The Texas Council of Administrators of Special Education (TCASE) and Disability Rights Texas proposed changing the Texas formula so it centers on the intensity of services needed similar to other states.
To read more about the opinion of the federal judges and more about how Texas funds Special Education click the link below: