Intensity of Services & Sped Funding Reference — Texas

Scope: This page is a diagnostician-facing orientation to the new funding framework — not an ARD or IEP tool. Tier determination is an ARD committee function driven by IEP documentation. The TEA Special Education Funding Tool (linked in TEA Resources tab) is the official instrument for calculating tiers and service groups.

What Changed and Why

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Old Model → New Model: The Core Shift

New SY 2026–27▼

Old system (through SY 2025–26): Funding was tied to instructional arrangement/setting codes — essentially, how many minutes per day a student spent in a special education setting. A student spending more time outside general education generated a higher funding weight, regardless of the actual intensity of services required.

New system (effective September 1, 2026): Funding is tied to the intensity of specially designed instruction (SDI) and related services documented in a student's IEP, regardless of where those services are delivered. A student in a general education classroom who requires intensive daily support can now generate higher funding than one in a self-contained setting who requires minimal intervention.

AuthorityHB 2 / SB 568, 89th Regular Session · TEC §48.102 (amended) and §48.1021 (new), effective September 1, 2026

Why this matters for diagnosticians: The FIE is the evidentiary foundation that ARD committees use to build IEPs. If the FIE clearly documents the type, frequency, and nature of required SDI — including specialized provider needs, ratio requirements, and equipment — the ARD team has the evidence needed to tier accurately.

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Two-Component Funding Structure

Structure▼

The new system has two funding components that work together:

🏷️ Intensity Tiers (1–8)

Base funding determined by scoring a student across 5 domains from their IEP. Composite score maps to one of 8 tiers. Higher tier = higher base funding weight.

➕ Service Groups (1–5)

Add-on funding for students whose IEPs require additional resources beyond the base tier — primarily related services and 1:1 staffing ratios.

TEC§48.102 — Intensity Tiers · §48.1021 — Service Groups

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Transition Year Funding Guarantee (SY 2026–27 Only)

SY 2026–27 Only▼

During the 2026–27 transition year, TEA has guaranteed that no district will receive less special education funding than it would have received under the old instructional arrangement system. The new system adds a statewide $250 million increase, distributed at settle-up (September 2027) based on actual PEIMS data.

Beginning SY 2027–28: The old instructional arrangement/setting codes go away entirely. Funding will be based solely on the new intensity of services model. Districts should plan accordingly.

AuthorityTEC §48.1022(b) — Transition year funding floor and $250M statewide increase

Note: Tier 1 and Tier 8 are defined in statute. Tiers 2–7 are established through commissioner rules currently in draft form (as of April 2026) and are subject to change before final adoption. The tier weights (funding amounts) will not be finalized until settle-up in September 2027.

Eight Intensity Tiers

Tier	Student Profile	Source
1	Speech Therapy Only Student receives speech therapy as their only instructional special education service — no other SDI beyond speech.	Statute
2	Minimal SDI Support Low composite domain score. Student requires some SDI but with minimal intensity across domains (draft rules — subject to change).	Draft Rule
3	Low-Moderate SDI Support Some domain areas show minimal support needs; others show moderate. Composite score in low-moderate range (draft rules).	Draft Rule
4	Moderate SDI Support Multiple domains require moderate support levels. Composite score in middle range (draft rules).	Draft Rule
5	Moderate-High SDI Support Several domains with moderate to significant support needs. Composite score upper-middle range (draft rules).	Draft Rule
6	High SDI Support High composite score across multiple domains. Significant SDI required in several areas (draft rules).	Draft Rule
7	Very High SDI Support Near-maximum composite score. Significant support needs across most or all domains (draft rules).	Draft Rule
8	Residential Placement ARD committee has determined that a residential placement program is the student's least restrictive environment (LRE) for educational purposes.	Statute

How Tiers Are Calculated

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Scoring Process: Domains → Composite Score → Tier

Process▼

Each of the five domains is scored independently on a 0–3 scale based on four factors. The highest factor score determines the domain score (not an average). Domain scores are then summed for a composite score, which maps to one of the 8 tiers.

No support required for FAPE

Minimal support required

Moderate support required

Significant support required

Key rule: If you cannot find documentation in the student's IEP that a particular level of support is required for FAPE, you cannot assign that score. The default is always 0 — "No support required for FAPE." When uncertain between two ratings, choose the lower one. IEP documentation quality is everything.

Five Required Domains

Each domain is evaluated using the student's current IEP documentation. Within each domain, four factors are assessed. The highest factor score (0–3) becomes the domain score.

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Curriculum & Instruction

Type, nature & frequency of SDI
Specialized provider requirement
Required staff-to-student ratio
Specialized equipment or technology

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Behavior

Type, nature & frequency of behavioral SDI
Specialized behavior provider requirement
Required staff-to-student ratio for behavior
Specialized equipment or technology for behavior

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Communication

Type, nature & frequency of communication SDI
Specialized communication provider
Required staff-to-student ratio for communication
Specialized AAC or communication technology

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Independent Functioning

Type, nature & frequency of adaptive SDI
Specialized provider for independent functioning
Required staff-to-student ratio
Specialized equipment or adaptive technology

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Personal Care / Health

Type, nature & frequency of personal care SDI
Specialized health care provider
Required staff-to-student ratio for personal care
Specialized health equipment or technology

Four Factors Evaluated Per Domain

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What Each Factor Examines

Detail▼

① Type, Nature & Frequency of Services

How often does the student receive this type of SDI, and how specialized is it? Daily intensive support scores higher than weekly pull-out.

② Specialized Provider Required

Does the IEP specify that services must be delivered by a provider with specialized credentials (e.g., licensed SLP, BCBA, orientation & mobility specialist)?

③ Specific Staff-to-Student Ratio Required

Does the IEP specify a required ratio (e.g., 1:1, 1:3) for delivering services? Mandated ratios indicate higher intensity.

④ Specialized Equipment or Technology Required

Does the student's FAPE require specialized equipment, assistive technology, AAC devices, or medical equipment that must be provided by the district?

Critical reminder: A factor can only be scored above 0 if the requirement is explicitly documented in the student's IEP as necessary for FAPE. ARD committees cannot assign scores based on what they know about the student — it must be in the IEP.

Five Service Groups

Service groups are add-on funding layered on top of a student's intensity tier. They recognize that some students require additional measurable resources to implement their IEPs, beyond what the base tier captures. A student can qualify for a service group in addition to their tier — these are not mutually exclusive.

Group	Description	Category
1	Student requires a limited amount of related services beyond those captured by the tier (e.g., occasional OT, PT, or other related services at lower frequency).	Related Services
2	Student requires a moderate amount of related services documented in the IEP — more frequent or involving more service types than Group 1.	Related Services
3	Student requires extensive related services — high frequency, multiple service types, or particularly resource-intensive related services documented in the IEP.	Related Services
4	Student is assigned a 1:1 provider-to-student ratio for at least 50% of the student's instructional day, as documented and required in the IEP for FAPE.	1:1 Staffing
5	Student is assigned a 1:1 provider-to-student ratio for at least 50% of the student's instructional day AND requires extensive related services (combines the highest staffing intensity with high related service needs).	1:1 Staffing + Related

Groups 1–3 are based on the extent and frequency of related services. Groups 4–5 are for students requiring 1:1 staffing for at least half of their instructional day. Like tiers, service group assignment must be grounded in explicit IEP documentation of required services for FAPE.

🔬 Why This Matters for Diagnosticians

Your FIE report is the evidentiary foundation that ARD committees build IEPs from — and the IEP is what drives tier and service group determination.
Stronger FIE documentation → better IEP documentation → more accurate tier placement → appropriate funding for the services a student actually needs.
The TEA explicitly states: "It cannot be determined to be true unless there is evidence in the IEP." That evidence starts with your evaluation.
You are not responsible for tier determination — that is an ARD committee function. Your role is to provide thorough, evidence-based documentation of a student's needs.

FIE Documentation That Supports Accurate Tiering

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What to Ensure is Well-Documented in Your FIE

FIE Practice▼

The five domains map directly onto areas that a thorough FIE already addresses. The following documentation practices strengthen the ARD committee's ability to assign accurate tiers and service groups:

Curriculum & Instruction Domain

Clearly document the nature and extent of academic impact. Specify whether the student can access grade-level curriculum with accommodations only, or requires individually designed curriculum/instruction. Note whether standard interventions are sufficient or whether the student requires an approach unavailable in general education.

Behavior Domain

If behavior is an area of concern, document frequency, intensity, and impact in concrete behavioral terms. Note whether existing interventions have been effective and whether specialized behavioral support is required. BASC-3, Conners-4, and FBA data are directly relevant here.

Communication Domain

Document communication functioning clearly — whether the student uses verbal language functionally, requires AAC, or needs specialized communication support. CELF, CTOPP, TAPS-4, and OL narrative data inform this domain. Note any referral for SLP evaluation or existing SLP services.

Independent Functioning Domain

Adaptive behavior data (ABAS-3) is directly relevant. Document whether the student requires support for daily living, self-care, or functional independence. Vineland, ABAS scores, and structured observations inform this. Note whether a paraprofessional is currently supporting these areas.

Personal Care / Health Domain

Note any health conditions documented in medical records provided to the team. If the student requires nursing care, medication administration during the day, or physical health monitoring, ensure health-related impact is noted in the FIE. Health information from the OHI referral documentation is especially relevant.

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What Diagnosticians Are NOT Responsible For

Scope Clarity▼

The intensity of services framework is an ARD/IEP function, not a FIE function. As a diagnostician, you are not responsible for:

Determining or assigning a student's intensity tier
Determining which service groups apply
Using the TEA Special Education Funding Tool
Entering data into PEIMS/TSDS for the new funding system
Calculating minutes in special education settings

Your role: Write a thorough, evidence-based FIE that accurately characterizes the student's strengths and needs across domains. The ARD committee uses that foundation to build an IEP, and the IEP is what drives tiering. Good evaluations → defensible IEPs → accurate funding.

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Connection to Impact Statements (Garcia-Prats / TEDA Framework)

FIE Writing▼

The Garcia-Prats impact statement model — documenting how a disability affects access to the general curriculum and what supports help — aligns naturally with the domain structure of the new funding model. An impact statement that specifies what type of support is needed, how often, and by whom gives the ARD committee the exact evidence they need for each domain factor.

Consider: When writing impact statements and FIE recommendations, be explicit about whether standard classroom accommodations are sufficient or whether individually designed instruction (SDI) is required. This distinction is central to the funding model — and to FAPE determination.

Key Dates — SY 2026–27 Transition

Now — Spring 2026

Draft Commissioner Rules Published for Comment

TEA is posting proposed rules in the Texas Register for public comment. Draft rules define Tiers 2–7 and Service Groups 1–5. Rules subject to change before final adoption. Final adoption expected summer or early fall 2026.

May 7, 2026 onward

TEA Weekly Zoom Office Hours Begin

TEA OSPSS hosts office hours every Thursday at 9:00–9:30 AM and 4:00–4:30 PM to answer questions about the new funding system. Registration link on the TEA sped funding webpage.

August 14, 2026

Voluntary Early Data Submission to TEA

Districts that have already completed tier/service group determinations using the TEA funding tool can voluntarily submit that data to TEA via secure upload. Helps TEA prepare LBB attendance projections. Not required — supplemental to October PEIMS submission.

September 1, 2026

New Funding Model Takes Effect

TEC §48.102 (amended) and §48.1021 (new) become effective. SY 2026–27 begins under the transition framework — both old IA/setting codes AND new tiers/service groups must be reported.

October 8, 2026 ⚠️

Tier & Service Group Data Due — PEIMS 1st Six-Weeks

By this date, districts must submit via PEIMS: (1) tier of intensity, (2) service groups, and (3) average minutes per instructional day in a special education setting for each student receiving special education. Based on the IEP expected to be in place on the first day of SY 2026–27.

October 1, 2026

TEA Submits Attendance Projections to LBB

TEA must submit statewide attendance projections (including estimated tiers and service groups) to the Legislative Budget Board for the 2028–29 biennium.

December 1, 2026

TEA Submits Tier Weights & Service Group Amounts to LBB

TEA must submit estimated tier weights and service group dollar amounts to the LBB, based on first six-week PEIMS data. Final weights and amounts will not be determined until settle-up.

September 2027

Settle-Up: Final SY 2026–27 Funding Determined

Final tier weights and service group amounts determined at settle-up based on PEIMS Summer Submission data. All districts receive at least the old IA-based amount for the transition year. Additional funding distributed based on actual tier/service group data.

SY 2027–28

Old System Sunsets — Intensity Model Only

Instructional arrangement/setting codes are no longer collected or reported. Funding is based solely on the intensity of services model using final tier weights and service group amounts. No more transition year floor guarantee.

💰 Intensity of Services Funding Model