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SB769

Regular Session

Relating to a report by the Texas Higher Education Coordinating Board regarding enrollment and success in higher education for students with disabilities.

Moderate
Low Cost
Effective:2025-09-01
SB769
Moderate
Relating to a report by the Texas Higher Education Coordinating Board regarding enrollment and success in higher education for students with disabilit...
Moderate Compliance Urgency
Requires near-term attention
Cost Impact
Low
Effective
2025-09-01
Enforcing Agencies
THECB
Primary Author: Sen. Jose Menendez
89th Texas Legislature
jdkey.com
01

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

  • Effective Date: September 1, 2025
  • Compliance Deadline: Internal Audit Required Immediately. While the agency report is due to the Legislature by December 1, 2027, institutions must begin data aggregation in FY 2026 to ensure accuracy and identify liability gaps before the Texas Higher Education Coordinating Board (THECB) issues its formal data call.
  • Agency Rulemaking: The THECB will issue guidance or rules defining data formats and the specific definition of "success" (likely retention and graduation rates) during FY 2026.

Immediate Action Plan

  • Appoint a Project Lead: Designate the Director of Disability Services or Title IX/504 Coordinator to lead the SB 769 response immediately.
  • Conduct a "Mock" Audit: Run a preliminary internal report comparing the retention rates of students with disabilities against the general student body to identify statistical red flags.
  • Draft the Narrative: Begin drafting the description of "barriers" now. Frame these as "opportunities for legislative funding investment" rather than admissions of legal failure.
  • Sanitize Policy Language: Review admissions and retention policies to ensure active, compliant language regarding disability access is present.

Operational Changes Required

Contracts

  • Vendor Audits: Review agreements with third-party accessibility providers (captioning, note-taking software, web accessibility). Ensure performance is documented, as these services must be listed in the state report.
  • Digital Infrastructure: Verify that Learning Management System (LMS) contracts (e.g., Canvas, Blackboard) have current Voluntary Product Accessibility Templates (VPATs) on file to substantiate claims of digital accessibility.

Hiring/Training

  • Cross-Departmental Collaboration: Mandate immediate coordination between Disability Services Offices (DSO), Registrars, and Institutional Research (IR). Staff must be trained to handle sensitive disability data in compliance with FERPA while aggregating it for state reporting.

Reporting & Record-Keeping

  • Data Integration: Configure Student Information Systems (SIS) to cross-reference students receiving ADA/Section 504 accommodations against academic success metrics (GPA, retention, graduation).
  • Qualitative Documentation: Create a specific record of how the institution informs students of their rights (handbooks, orientation logs) and a detailed inventory of all accommodations currently funded and provided.

Fees & Costs

  • Administrative Burden: No new state fees. Costs are internal, related to administrative time for data scrubbing, legal review of reported "barriers," and potential software configuration to generate required reports.

Strategic Ambiguities & Considerations

  • Definition of "Barriers": The statute requires reporting "barriers to enrollment." This is a high-risk area. If an institution bluntly reports physical or digital non-compliance, it creates a written admission of liability for ADA lawsuits.
  • "To the Extent Practicable": This phrase is the primary limitation of liability. Institutions must determine now what data is technically impossible to isolate without violating privacy, to justify non-reporting of granular data later.
  • Private Institution Mandate: The statute states the Board *may* request data from private institutions. Private entities should treat this as mandatory to avoid reputational risk and potential legislative scrutiny for non-cooperation.

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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

02

Legislative Timeline

This bill's path through the Texas Legislature

Filed
Jan 13, 2025
Passed Senate
Apr 16, 2025
Passed House
Apr 30, 2025
Signed
May 20, 2025
TopicsDisabilities, Persons WithEducationEducation--higherEducation--higher--admission & AttendanceHigher Education Coordinating Board, Texas
03

Senate Authors

Sen. Jose MenendezDemocrat · Primary Author
Coauthors (2)

House Sponsors

Rep. Mary GonzalezDemocrat · Primary Sponsor
Joint Sponsors

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

Related Legislation

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More from Sen. Jose Menendez

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Related by Topic

View more Disabilities, Persons With legislation
Quick Reference

Frequently Asked Questions

Common questions about SB769

Q

What does Texas SB769 do?

Senate Bill 769 mandates a comprehensive state audit of higher education enrollment, retention, and success rates for students with disabilities, effective September 1, 2025. This legislation forces Public and Private Institutions of Higher Education to aggregate previously siloed data—cross-referencing disability accommodations with academic performance metrics—exposing institutions to potential liability if significant disparities or unaddressed barriers are revealed in the report to the Legislature. Implementation Timeline Effective Date: September 1, 2025 Compliance Deadline: Internal Audit Required Immediately.

Q

Who authored SB769?

SB769 was authored by Texas Senator Jose Menendez during the Regular Session.

Q

When was SB769 signed into law?

SB769 was signed into law by Governor Greg Abbott on May 20, 2025.

Q

Which agencies enforce SB769?

SB769 is enforced by Texas Higher Education Coordinating Board (THECB).

Q

How urgent is compliance with SB769?

The compliance urgency for SB769 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

Q

What is the cost impact of SB769?

The cost impact of SB769 is estimated as "low". This may vary based on industry and implementation requirements.

Q

What topics does SB769 address?

SB769 addresses topics including disabilities, persons with, education, education--higher, education--higher--admission & attendance and higher education coordinating board, texas.

Legislative data provided by LegiScanLast updated: November 25, 2025

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