McGuire Fields Questions on Funding Changes
Many members raised concerns about workload and timing. Participants said the new data entry process could take about 30 minutes on average per student, with one member telling McGuire that they estimate that a team of 30 would need seven weeks to complete entries for 4,600 students. The Oct. 8 deadline also drew concern because it falls during an already busy reporting period.
McGuire said the timeline is tied to TEA’s need to provide budget estimates to the Legislative Budget Board (LBB) by Oct. 1 and proposed weights by Dec. 1. The LBB develops budget and policy recommendations for legislative appropriations, completes fiscal analyses for proposed legislation, conducts evaluations and reviews to improve the efficiency and performance of state and local operations, and adopts constitutional and statutory spending limits.
TEA is working with vendors and internal data teams to reduce manual entry, including possible Excel export options, McGuire said. She also said the agency is exploring stipends for local education agencies (LEAs) completing summer data collection work, with a possible announcement expected later in the week. TCASE is actively involved in that conversation, providing feedback on options being considered by TEA at the conclusion of the webinar.
The member webinar also covered related services, School Health and Related Services (SHARS), virtual therapy, regional day school programs for the deaf (RDSPDs), funding and enrollment coding issues tied to Texas Education Freedom Accounts. McGuire clarified that speech may be treated as an instructional service when it is the only specially designed instruction a student receives. Otherwise, it is treated as a related service. She also said virtual therapy requires a remote conferencing waiver under the Student Attendance Accounting Handbook to generate state funding.
Several issues remain unresolved. Members asked TEA to revisit the 180-minute-per-six-weeks threshold for related service credit, to address financial concerns for districts sending students to RDSPDs and to resolve conflicts between TEA enrollment coding requirements and comptroller guidance for families seeking Texas Education Freedom Accounts.
McGuire also said TEA would review public comments on a proposed rule change that could end dual enrollment in 2026-27, an issue of concern for preschool students receiving services such as drop-in speech.
TCASE is working with both TEA and members of the Texas Legislature with the hope of softening the timeline for the funding data entry, as well as funds to help pay those who are assisting with the large task of data entry for this change. A letter (attachment being sent by slack) was sent last week to key lawmakers requesting that legislators either provide a supplemental appropriation during the next legislative session to compensate for this work or that legislators direct TEA to provide grant funds to districts. TCASE will also provide testimony on the issue at an expected hearing on June 1 that has not yet been posted.
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Andrea Chevalier Departs TCASE
Her work supported TCASE’s ongoing commitment to helping policymakers understand the real-world impact of decisions made at the Capitol, at TEA and in Washington, D.C.
“We are grateful for Andrea’s service to TCASE and for her commitment to our members,” said Theresa Parsons, TCASE executive director. “Her work has helped strengthen our advocacy efforts and keep special education leaders informed during an important time for our field. We wish her the very best as she begins this new role with Moak Casey.”
TCASE will begin the search for the next director. The association plans to hire a seasoned governmental relations professional with Texas Capitol relationships, legislative strategy experience, strong political judgment and lobbying experience.
TCASE also still plans to add support to the legislative team once the director position is filled. That approach will allow the association to first put the right leadership in place for its governmental relations strategy.
Members can expect continued communication on legislative, regulatory and policy developments affecting special education in Texas.
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Hearing Raises Concerns for Public Education
The hearing’s tenor was serious and often very tense, with lawmakers and witnesses returning to the same underlying problem: Districts are being asked to manage more complex expectations while facing financial and staffing strain. The focus of the hearing was to discuss the state of public education in Texas and hear about implementation of bills that were passed by the 89th Legislature.
The special education issues raised were less about a single proposed bill and more about operating conditions. Furlow’s testimony on behalf of TCASE underscored concerns familiar to district special education departments: evaluation capacity, ARD committee workload, related services staffing, documentation requirements, dispute resolution demands and the difficulty of maintaining compliance when local staffing and budgets are already stretched.
Written public comments submitted to the committee also reflected those concerns. Deeann Castillo, director of special populations in Ferris ISD, submitted comments urging the state to streamline the TEA special education complaint process. Castillo wrote that districts are receiving lengthy, technical complaints, sometimes generated with artificial intelligence tools, and said one response required about 25 staff hours and more than 200 pages of documentation. She recommended clearer complaint submission expectations, preliminary screening and more specific factual requirements.
The special education testimony fit within the committee’s broader discussion of efficiency and regulatory burden. The committee did not take action, but considers feedback when considering what issues will need addressed in the next legislative session that will begin in January.
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Special Education Rule Revisions Proposed
This proposal would move toward reporting ARD committee placement decisions as educational environments, while allowing instructional arrangements reported in 2025-26 to continue until an ARD committee develops a new or updated IEP affecting placement in 2026-27.
TEA also says the rules would add new TSDS PEIMS reporting distinctions for ARD committee-placed and non-ARD committee-placed residential placements, and for public and private day placement programs.
The comment period for this proposed rule runs through June 15, with virtual public hearings scheduled for June 4 and June 5. You may participate in either public hearing here. Anyone wishing to testify must be present at 9:30 a.m. and indicate to TEA staff their intent to comment and are encouraged to also send written testimony to sped@tea.texas.gov.
TEA Proposed Restraint and Time-Out Rule Changes
TEA also published proposed changes to its restraint and time-out rule on May 8. The proposal would clarify documentation and notification requirements for each use of restraint, establish a uniform timeline for placing written restraint documentation in the student’s special education eligibility folder, and reaffirm that restraint may not be used as discipline, behavior management or a method to gain compliance.
The comment period runs through June 8, with virtual hearings scheduled for May 28 and May 29.
TCASE is reviewing both of the above proposed rules and will offer analysis once our Legislative Task Force has had a chance to review them.
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Feds Announce $144 Million Increase for IDEA
States will distribute these funds to local education agencies (LEAs) using the existing IDEA Part B allocation formulas established in federal law. District allocations are generally based on a base amount tied to prior-year funding, student enrollment, and poverty data.
States must continue to follow IDEA maintenance of effort, excess cost, and allowable use requirements when allocating and administering the additional funds.
An additional $20.5 million will support IDEA Part C early intervention services for infants and toddlers with disabilities and their families.
The Department also released guidance clarifying that IDEA Part C funds may be used to support expectant parents when a disability is identified prenatally. This may help states strengthen early intervention outreach, family engagement, and transition planning before birth.
School leaders and special education administrators should watch for state education agency guidance regarding timelines, allocation amounts, and allowable uses of the additional IDEA funds.