House Bill 3 (HB 3) Implementation: Update on Changes to the Bilingual Education Allotment

The passage of House Bill 3 (HB 3) by the 86th Texas Legislature in 2019, resulted in key changes to the weighted funding formula used to calculate the bilingual education allotment (BEA), which provides funding to local education agencies (LEAs) for the education of students participating in one of the State’s six English learner/limited English proficient (EL/LEP) program models. 

Under HB 3, students participating in a dual language immersion (DLI) program (one-way or two-way) receive additional BEA funds. The State has allocated an additional weight of 0.05 (for a total 0.15 weight) to the basic allotment for EL/LEP students participating in a DLI one-way or two-way program. An allotment at a weight of 0.05 is now also available for non-LEP students participating in a dual language immersion two-way program. The BEA weighted funding for EL/LEP students participating in a transitional bilingual education program (early exit, late exit) and an English as a Second Language (ESL) program (content-based, pull-out) remains unchanged at a 0.1 weight. 

This increase in funding for DLI programs was recommended by the Texas Commission on Public School Finance after a review of data indicated that DLI programs are more effective than other special language programs.

Additionally, under HB 3, the minimum spending requirement for BEA funds on provision of bilingual education or ESL programs has increased from 52% to 55%, and there has been an expansion of spending eligibility. Finally, as a result of HB 3, TEA will expand the tools and resources it provides to support effective implementation of DLI and other bilingual and special language programs.

Regarding new reporting requirements under HB3, The State Board of Education (SBOE) will adopt rules on the creation of an audit report regarding how BEA funds are spent. Agency staff plan to propose to the SBOE that the new reporting requirements be included in the annual financial audit required of LEAs under Chapter 39 of the Texas Education Code. The new reporting requirement will ensure that LEAs comply with the 55% minimum expenditure requirement that BEA funds be used for program implementation. 

Please address any questions you may have regarding this TAA letter to HB3info@tea.texas.gov and include Bilingual Education Allotment in the subject line.