# Tex. Education Code § 48.279: MAINTENANCE OF STATE FINANCIAL SUPPORT FOR SPECIAL EDUCATION > Texas · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_TX_Ced_C48_S48.279 ## Section - **Citation:** Tex. Education Code § 48.279 - **Heading:** MAINTENANCE OF STATE FINANCIAL SUPPORT FOR SPECIAL EDUCATION - **Jurisdiction:** Texas - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** TX Code / Code ed / Chapter 48 / Section 48.279 ## Text (a) Funds appropriated for purposes of this section or transferred in accordance with this section are state funds for purposes of compliance with the requirements regarding maintenance of state financial support for special education under 20 U.S.C. Section 1412(a)(18). The commissioner shall identify the amount of funding described by this subsection and separate that amount from other funding provided under this chapter. (b) If the commissioner determines that the total amount of funding for special education for a school year that ends during the first state fiscal year of a state fiscal biennium is less than the amount required to comply with requirements regarding maintenance of state financial support under 20 U.S.C. Section 1412(a)(18), the commissioner shall use funds appropriated for the Foundation School Program for the second state fiscal year of that biennium to increase funding for special education for the first state fiscal year of that biennium in an amount necessary to ensure compliance with that provision. (c) If the commissioner determines that the total amount of funding for special education for a school year that ends during the second state fiscal year of a state fiscal biennium is less than the amount required to comply with requirements regarding maintenance of state financial support under 20 U.S.C. Section 1412(a)(18), the commissioner shall submit to the legislature an estimate of the amount of funding needed to comply with that provision for that state fiscal year. (d) If federal funds are withheld for a school year due to noncompliance with requirements regarding maintenance of state financial support under 20 U.S.C. Section 1412(a)(18), the commissioner shall use for that school year an amount of funds described by Subsection (a) equal to the amount of withheld funds in the same manner and for the same purposes as the withheld funds would have been provided. (e) After the commissioner has replaced any withheld federal funds as provided by Subsection (d), the commissioner shall distribute the remaining amount, if any, of funds described by Subsection (a) to proportionately increase funding for the special education allotment under Section 48.102. (e) After the commissioner has replaced any withheld federal funds as provided by Subsection (d), the commissioner shall distribute the remaining amount, if any, of funds described by Subsection (a) to proportionately increase funding for the special education allotment under Section 48.102 and the special education service group allotment under Section 48.1021. (f) In complying with Subsection (d), the commissioner may implement any program necessary to ensure the use of funds in accordance with that subsection. ## Nearby sections - [Tex. Education Code § 48.001 § 48.001. STATE POLICY.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Ced_C48_S48.001.md) - [Tex. Education Code § 48.002 § 48.002. PURPOSES OF FOUNDATION SCHOOL PROGRAM.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Ced_C48_S48.002.md) - [Tex. Education Code § 48.003 § 48.003. STUDENT ELIGIBILITY.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Ced_C48_S48.003.md) - [Tex. Education Code § 48.004 § 48.004. ADMINISTRATION OF THE PROGRAM.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Ced_C48_S48.004.md) - [Tex. Education Code § 48.005 § 48.005. AVERAGE DAILY ATTENDANCE.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Ced_C48_S48.005.md) - [Tex. Education Code § 48.006 § 48.006. AVERAGE DAILY ATTENDANCE FOR DISTRICTS IN DISASTER AREA.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Ced_C48_S48.006.md) - [Tex. Education Code § 48.007 § 48.007. OFF-CAMPUS PROGRAMS APPROVED FOR PURPOSES OF AVERAGE DAILY ATTENDANCE.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Ced_C48_S48.007.md) - [Tex. Education Code § 48.008 § 48.008. PUBLIC EDUCATION INFORMATION MANAGEMENT SYSTEM (PEIMS).](https://www.frixlaw.com/law-library/statutes/STATE_TX_Ced_C48_S48.008.md) - [Tex. Education Code § 48.009 § 48.009. REQUIRED PEIMS REPORTING.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Ced_C48_S48.009.md) - [Tex. Education Code § 48.010 § 48.010. DETERMINATION OF FUNDING LEVELS.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Ced_C48_S48.010.md) - [Tex. Education Code § 48.011 § 48.011. COMMISSIONER AUTHORITY TO RESOLVE UNINTENDED CONSEQUENCES.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Ced_C48_S48.011.md) - [Tex. Education Code § 48.014 § 48.014. NOTICE FOR SCHOOL DISTRICTS REGARDING RECOURSE FOR INVALID PROPERTY VALUES.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Ced_C48_S48.014.md) - [Tex. Education Code § 48.0035 § 48.0035. USE OF FUNDING FOR CERTAIN PURPOSES.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Ced_C48_S48.0035.md) - [Tex. Education Code § 48.0051 § 48.0051. INCENTIVE FOR ADDITIONAL INSTRUCTIONAL DAYS.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Ced_C48_S48.0051.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TX_Ced_C48_S48.279. Check the current official text before relying on it. 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