91�ȱ�

This letter informs local educational agencies (LEAs) of an update to how determination levels (DLs) will be calculated for the Texas Education Agency’s (91�ȱ�) Special Education program area of Results Driven Accountability (RDA) that differs from what is stated in the 2025 and 2026 Accountability Manuals, adopted by reference in . 

As a result of the passage of during the 89th Legislature, Regular Session, 2025, effective immediately, 91�ȱ� is prohibited by Texas Education Code (TEC) §37.028 from withholding state funding or imposing a penalty on a school district based on the number of students who are removed for disciplinary reasons with the exception of enforcing the federal requirements related to the determination of significant disproportionality. As a result, starting with the 2025 RDA process, the following special education discipline indicators will be excluded from Performance Level (PL) Mean and DL calculations: “SPED OSS and Expulsion >10 Days Rate (Ages 3-21),” “SPED ISS >10 Days Rate (Ages 3-21),” and “SPED Total Disciplinary Removals Rate (Ages 3-21).”  

91�ȱ� acknowledges that the prohibition prescribed by TEC §37.028 overrides the decisions made in the 2025 and 2026 Accountability Manuals. Therefore, 91�ȱ� will follow this new law in terms of DL calculations, effective immediately. 91�ȱ�  will communicate through various communication channels, including through this TAA and by posting on pertinent webpages, that the special education program area DL calculations for RDA will be changed as described below. 

Summary of Changes 

To align with HB 6, 91�ȱ� is implementing the following adjustments to the treatment of certain discipline-related indicators within the RDA framework:

• The PLs identified in RDA special education indicators “SPED OSS and Expulsion >10 Days Rate, Ages 3-21,” “SPED ISS >10 Days Rate, Ages 3-21,” and “SPED Total Disciplinary Removals Rate, Ages 3-21” will not be used in PL Mean or DL calculations. The PL Mean is calculated to help inform the DL calculation. 
• 91�ȱ� will continue to calculate and display PLs for these indicators, but for informational purposes only. This approach ensures compliance with TEC §37.028 while preserving data transparency.

Contact Information 

For questions, please contact your regional education service center (ESC), or e-mail sped@tea.texas.gov.