Special Ed Commission Studies What If Texas Refused A Federal Requirement

The text as introduced · 677 words

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.