The Texas Education Agency (TEA) recently posted correspondence programing updates on program and funding changes affecting special education and related services as a result of House Bill 2.
Of note the correspondence specified that HB 2 creates a new special education funding framework, beginning with SY 2026–27, which:
• Modifies special education funding to weights to be set by the commissioner using eight tiers of intensity; and
• Directs the commissioner to establish at least 4 service groups.
The commissioner will determine formulas to ensure the estimated statewide amount is approximately $250 million more under the tiers and service groups than what would have been provided under the former special education system as it existed on September 1, 2025. Moving forward, the commissioner will submit to the Legislative Budget Board (LBB) proposed weights for the tiers and amounts for the service groups (by December 1 of each even-numbered year).
HB 2 also continues provision under TEC, §48.102, of extended school year (ESY) with funding provided at the highest tier of intensity for which the student qualifies and removes current limitations on funding for ESY that restrict amounts to 75 percent of calculated amounts and impose an annual statewide cap of $10 million.
The agency conducted a funding pilot last year; the observations and data received from that pilot will drive stakeholder engagement efforts this fall. Proposed rules to establish those tiers and service groups will be published in the Texas Register sometime in Spring 2026. More detailed guidance will be provided in future correspondence as it becomes available.
