The 2021 Legislative Session is over, though the Governor is threatening to hold a special session. In this post we’ll talk about the budget and some of the major bills.
First, appropriations. Keep in mind that the appropriations are meant to cover fiscal years 2022 and 2023, which is how I have them listed below. To help you compare, I have also included the appropriations numbers for 2020 and 2021. To see the full act (this is Senate Bill 1), go to: https://capitol.texas.gov/tlodocs/87R/billtext/pdf/SB00001F.pdf#navpanes=0
| 2022 | 2023 | 2020 | 2021 | |
| Intermediate Care Facilities- Individual with ID | $273,635,879.00 | $273,636,154.00 | $264,548,602.00 | $274,357,827.00 |
| HCS | $1,312,439,342.00 | $1,326,595,569.00 | $1,220,896,368.00 | $1,260,673,094.00 |
| CLASS | $319,847,339.00 | $331,701,209.00 | $298,169,057.00 | $303,506,234.00 |
| Deaf Blind Multiple Disabilities | $18,375,178.00 | $18,577,976.00 | $16,810,194.00 | $17,002,026.00 |
| Texas Home Living Waiver | $107,819,604.00 | $114,849,301.00 | $113,599,515.00 | $109,878,380.00 |
| ECI Services | $168,878,711.00 | $170,142,861.00 | $169,720,796.00 | $171,886,178.00 |
| ECI Respite and Quality Assurance | $3,891,945.00 | $3,780,966.00 | $3,530,966.00 | $3,530,966.00 |
| Autism Program | $7,188,435.00 | $7,188,435.00 | $7,188,435.00 | $7,188,435.00 |
| Children with Special Healthcare Needs | $30,500,816.00 | $30,500,816.00 | $30,500,815.00 | $30,500,818.00 |
| State Supported Living Centers | $686,798,420.00 | $684,090,799.00 | $700,391,137.00 | $693,967,624.00 |
What’s going on with appropriations? By and large they are increasing over fiscal years 2020 and 2021. The only exception are the state supported living centers, which are seeing a slight decrease in funding when compared to FY 2020 and 2021.
As usual, the Legislature puts mandates on the various state agencies. Interesting ones from Senate Bill 1 are:
- The Health and Human Services Commission (HHSC) will conduct a cost comparison between HCS, the Texas Home Living Waiver, and the intermediate care facilities.
- HHSC will report on the interest lists on their website (how many people rare on them, for how long, etc.).
- There will be a study of behavioral and medical needs for individuals receiving the HCS waiver.
- HHSC will evaluate technology to create a “no wrong door” online portal to requrst interest list placement.
- Behavioral support specialists will be hired at two state supported living centers.
Now that we’ve touched on appropriations, let’s cover some of the bills that made it through the Legislature and went to the Governor:
- HB 547: Home school students can participate in UIL sports with a school. Student must demonstrate grade level proficiency with a normed exam. Does not make accommodations or exceptions for students with special needs.
- HB 785: Behavior improvement plans must be reviewed annually, restraints must be documented and communicated to parents, required documentation of time outs for students on behavior plans, change of placement requirements for disciplinary matters
- HB 1252: TEA may not adopt a time period that is shorter than Federal law with regards to filing a complaint or requesting a special education due process hearing.
- HB 2056: Relating to the practice of dentistry. Children with special healthcare needs can receive teledentistry services and health plan providers must provide those benefits.
- HB 2256: Establishes a bilingual special education teaching certificate.
- HB 3720: People seeking to get on the interest list must fill out a questionnaire about the services they need and timelines or they will be listed as inactive.
- SB 776: Creating an inclusive sports program in UIL for students with intellectual and developmental disabilities. Unclear if this incorporates into existing programs or sets up a parallel one.
- SB 1129: Transferring guardianship to different courts (in case someone moves).
- SB 1716: Up to $1500 to purchase supplemental special education services. Sets up a grant program that parents can apply for.
The following are bills that did not make it:
- HB 742: alternative assessments for special education students.
- HB 828: requiring disability studies as part of K-12 enrichment curriculum.
- HB 843: health benefit plans would have covered ECI services.
- HB 855: study on special education students moving on to college.
- HB 1163: preventing floor restraints.
- HB 1602: career/employment skills development for special education students.
- HB 1675: guardianship bill.
- HB 2125: would have provided an extra year of special education eligibility past 21 for students in school during the pandemic
- HB 3148: integration of mental health with behavior plans.
- HB 3707: commission to study funding of special education.
- HB 3880: dyslexia services.
- HB 4360: allowing recording of ARD meetings.
- SB 7: the voting bill.
- SB 180: training for special education teachers.
- SB 520: inclusive and accessible playgrounds.
- SB 661: education/occupational training by colleges for individuals with intellectual and developmental disabilities.
- SB 691: guardianship judges.
- SB 1157: interagency task force to ensure appropriate care settings for individuals with disabilities
The state probably isn’t done with SB7 (the voting bill), the Governor has threatened to call a special session over that.
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