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.