89R10381 KJE-D
By: Leo Wilson H.B. No. 2168
A BILL TO BE ENTITLED
AN ACT
relating to the Texas Commission on Federal Special Education Law
and Funding.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 29, Education Code, is amended by adding
Subchapter M to read as follows:
SUBCHAPTER M. TEXAS COMMISSION ON FEDERAL SPECIAL EDUCATION LAW AND
FUNDING
Sec. 29.501. DEFINITION. In this subchapter, "commission"
means the Texas Commission on Federal Special Education Law and
Funding.
Sec. 29.502. COMMISSION. (a) The commission is
established to study and make recommendations regarding this
state's approach to special education and compliance with the
Individuals with Disabilities Education Act (20 U.S.C. Section 1400
et seq.).
(b) The commission is composed of seven members, appointed
as follows:
(1) one member with an interest in special education
appointed by the governor;
(2) three senators appointed by the lieutenant
governor; and
(3) three representatives appointed by the speaker of
the house of representatives.
(c) In making appointments under Subsection (b), the
governor, the lieutenant governor, and the speaker of the house of
representatives shall coordinate to ensure that the membership of
the commission, to the extent possible, reflects the ethnic and
geographic diversity of this state.
Sec. 29.503. PRESIDING OFFICER. The governor shall
designate the presiding officer of the commission.
Sec. 29.504. COMPENSATION AND REIMBURSEMENT. A member of
the commission is not entitled to compensation for service on the
commission but is entitled to reimbursement for actual and
necessary expenses incurred in performing commission duties.
Sec. 29.505. ADMINISTRATIVE SUPPORT AND FUNDING. (a) The
agency shall provide administrative support for the commission.
(b) Funding for the administrative and operational expenses
of the commission shall be provided by legislative appropriation
made to the agency for that purpose.
(c) The agency:
(1) may procure goods and services to support the
commission's work, including research and consulting services; and
(2) in procuring goods and services for the commission
under Subdivision (1):
(A) is not required to comply with any
procurement law or procedure that applies to procurements by state
agencies, including Chapters 2155 and 2254, Government Code,
provided that the agency uses a procurement method that provides
the best value to the state given any applicable time constraints;
and
(B) may, but is not required to, consider the
best value standards provided by Sections 2155.074(b) and (b-1),
Government Code.
(d) The agency may not execute a contract for a good or
service for the commission unless the members of the commission
approve the contract by a majority vote.
Sec. 29.506. STUDY AND RECOMMENDATIONS. (a) The
commission shall conduct a study to:
(1) analyze the most effective statutory framework,
procedural safeguards, and practice approaches for public schools
to provide an appropriate education to students with disabilities;
(2) identify any provision of the Individuals with
Disabilities Education Act (20 U.S.C. Section 1400 et seq.) that:
(A) imposes an unreasonable burden on
implementing protections and educational initiatives for students
with disabilities; and
(B) does not effectively improve outcomes for
students with disabilities; and
(3) analyze the resources provided and used for and
controlled by compliance with the Individuals with Disabilities
Education Act (20 U.S.C. Section 1400 et seq.).
(b) Based on the study under Subsection (a), the commission
shall develop recommendations for state policy to provide the most
effective supports for students with disabilities and the most
positive state and local fiscal, student, and operational impacts
if this state refused to comply with a requirement of the
Individuals with Disabilities Education Act (20 U.S.C. Section 1400
et seq.).
Sec. 29.507. REPORT. Not later than December 31, 2028, the
commission shall submit to the governor and the legislature a
report regarding the commission's recommendations under Section
29.506.
Sec. 29.508. PUBLIC MEETINGS AND PUBLIC INFORMATION. (a)
The commission may hold public meetings as needed to fulfill the
commission's duties under this subchapter.
(b) The commission is not subject to Chapter 551, Government
Code.
Sec. 29.509. EXPIRATION. The commission is abolished and
this subchapter expires January 1, 2029.
SECTION 2. This Act takes effect September 1, 2025.