HB2168 - Relating to the Texas Commission on Federal Special Education Law and Funding.

  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.