If the legislation passes as amended currently, does that mean that the specific weights for the Unique Learning Needs portion (including ELs) will be set by rules from the Department of Education? How would those weights be set? Do we know what the 10 ULNs are yet?

Note: this question is similar to our question in the TISA Analysis Tool “How will English Learners be distributed across the 10 ULN weight levels?” and “How will students with disabilities be distributed across the 10 ULN weight levels? How is TDOE weighing the different identification options (e.g., IEP/services, diagnosis, time, and placement)?”

1. 1. Yes, TDOE will formally define the Unique Learning Needs (ULN) weights through rulemaking. However, TDOE released a proposed ULN Crosswalk that compares the BEP formula and the TISA formula and shares a preliminary plan for including  English Learners (ELs) at funding levels 2, 4, and 5.
   2. Additionally, the Commissioner at the K-12 Subcommittee Hearing (3/8/22) referenced the Special Education Options Codes from the BEP Handbook (pgs 66-67), which is based on time spent on services. Funding primarily based on time does not capture cost nuances because one hour of services can cost vastly different amounts based on a teacher-to-student ratio and other factors.
   3. During the Senate Ed Subcommittee Hearing (3/14/22), the Commissioner stated they are excited to make changes based on best practices to the existing BEP Codes during rulemaking.