1 | 1 | | 89R10381 KJE-D |
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2 | 2 | | By: Leo Wilson H.B. No. 2168 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the Texas Commission on Federal Special Education Law |
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10 | 10 | | and Funding. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Chapter 29, Education Code, is amended by adding |
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13 | 13 | | Subchapter M to read as follows: |
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14 | 14 | | SUBCHAPTER M. TEXAS COMMISSION ON FEDERAL SPECIAL EDUCATION LAW AND |
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15 | 15 | | FUNDING |
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16 | 16 | | Sec. 29.501. DEFINITION. In this subchapter, "commission" |
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17 | 17 | | means the Texas Commission on Federal Special Education Law and |
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18 | 18 | | Funding. |
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19 | 19 | | Sec. 29.502. COMMISSION. (a) The commission is |
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20 | 20 | | established to study and make recommendations regarding this |
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21 | 21 | | state's approach to special education and compliance with the |
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22 | 22 | | Individuals with Disabilities Education Act (20 U.S.C. Section 1400 |
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23 | 23 | | et seq.). |
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24 | 24 | | (b) The commission is composed of seven members, appointed |
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25 | 25 | | as follows: |
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26 | 26 | | (1) one member with an interest in special education |
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27 | 27 | | appointed by the governor; |
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28 | 28 | | (2) three senators appointed by the lieutenant |
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29 | 29 | | governor; and |
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30 | 30 | | (3) three representatives appointed by the speaker of |
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31 | 31 | | the house of representatives. |
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32 | 32 | | (c) In making appointments under Subsection (b), the |
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33 | 33 | | governor, the lieutenant governor, and the speaker of the house of |
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34 | 34 | | representatives shall coordinate to ensure that the membership of |
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35 | 35 | | the commission, to the extent possible, reflects the ethnic and |
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36 | 36 | | geographic diversity of this state. |
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37 | 37 | | Sec. 29.503. PRESIDING OFFICER. The governor shall |
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38 | 38 | | designate the presiding officer of the commission. |
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39 | 39 | | Sec. 29.504. COMPENSATION AND REIMBURSEMENT. A member of |
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40 | 40 | | the commission is not entitled to compensation for service on the |
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41 | 41 | | commission but is entitled to reimbursement for actual and |
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42 | 42 | | necessary expenses incurred in performing commission duties. |
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43 | 43 | | Sec. 29.505. ADMINISTRATIVE SUPPORT AND FUNDING. (a) The |
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44 | 44 | | agency shall provide administrative support for the commission. |
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45 | 45 | | (b) Funding for the administrative and operational expenses |
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46 | 46 | | of the commission shall be provided by legislative appropriation |
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47 | 47 | | made to the agency for that purpose. |
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48 | 48 | | (c) The agency: |
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49 | 49 | | (1) may procure goods and services to support the |
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50 | 50 | | commission's work, including research and consulting services; and |
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51 | 51 | | (2) in procuring goods and services for the commission |
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52 | 52 | | under Subdivision (1): |
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53 | 53 | | (A) is not required to comply with any |
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54 | 54 | | procurement law or procedure that applies to procurements by state |
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55 | 55 | | agencies, including Chapters 2155 and 2254, Government Code, |
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56 | 56 | | provided that the agency uses a procurement method that provides |
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57 | 57 | | the best value to the state given any applicable time constraints; |
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58 | 58 | | and |
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59 | 59 | | (B) may, but is not required to, consider the |
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60 | 60 | | best value standards provided by Sections 2155.074(b) and (b-1), |
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61 | 61 | | Government Code. |
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62 | 62 | | (d) The agency may not execute a contract for a good or |
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63 | 63 | | service for the commission unless the members of the commission |
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64 | 64 | | approve the contract by a majority vote. |
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65 | 65 | | Sec. 29.506. STUDY AND RECOMMENDATIONS. (a) The |
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66 | 66 | | commission shall conduct a study to: |
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67 | 67 | | (1) analyze the most effective statutory framework, |
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68 | 68 | | procedural safeguards, and practice approaches for public schools |
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69 | 69 | | to provide an appropriate education to students with disabilities; |
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70 | 70 | | (2) identify any provision of the Individuals with |
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71 | 71 | | Disabilities Education Act (20 U.S.C. Section 1400 et seq.) that: |
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72 | 72 | | (A) imposes an unreasonable burden on |
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73 | 73 | | implementing protections and educational initiatives for students |
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74 | 74 | | with disabilities; and |
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75 | 75 | | (B) does not effectively improve outcomes for |
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76 | 76 | | students with disabilities; and |
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77 | 77 | | (3) analyze the resources provided and used for and |
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78 | 78 | | controlled by compliance with the Individuals with Disabilities |
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79 | 79 | | Education Act (20 U.S.C. Section 1400 et seq.). |
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80 | 80 | | (b) Based on the study under Subsection (a), the commission |
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81 | 81 | | shall develop recommendations for state policy to provide the most |
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82 | 82 | | effective supports for students with disabilities and the most |
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83 | 83 | | positive state and local fiscal, student, and operational impacts |
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84 | 84 | | if this state refused to comply with a requirement of the |
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85 | 85 | | Individuals with Disabilities Education Act (20 U.S.C. Section 1400 |
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86 | 86 | | et seq.). |
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87 | 87 | | Sec. 29.507. REPORT. Not later than December 31, 2028, the |
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88 | 88 | | commission shall submit to the governor and the legislature a |
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89 | 89 | | report regarding the commission's recommendations under Section |
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90 | 90 | | 29.506. |
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91 | 91 | | Sec. 29.508. PUBLIC MEETINGS AND PUBLIC INFORMATION. (a) |
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92 | 92 | | The commission may hold public meetings as needed to fulfill the |
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93 | 93 | | commission's duties under this subchapter. |
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94 | 94 | | (b) The commission is not subject to Chapter 551, Government |
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95 | 95 | | Code. |
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96 | 96 | | Sec. 29.509. EXPIRATION. The commission is abolished and |
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97 | 97 | | this subchapter expires January 1, 2029. |
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98 | 98 | | SECTION 2. This Act takes effect September 1, 2025. |
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