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For this weekly feature, the Texas Council for Developmental Disabilities (TCDD) profiles a noteworthy bill going through the legislative process. The bill may relate directly to TCDD’s Public Policy Priorities or another disability-related issue.
Bill of the Week: SB 769
Senate Bill (SB) 769, relating to a report by the Texas Higher Education Coordinating Board (THECB) regarding enrollment and success in higher education for students with disabilities. SB 769 was authored by Sen. José Menéndez from San Antonio, District 26.
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We’ve created a Bill of the Week one-pager (PDF) for SB 769. This is a simplified explanation of the bill that you can share with your representative and personal network.
Background
Across Texas, students with disabilities continue to face significant barriers to accessing and succeeding in higher education. While the number of people with disabilities attending postsecondary institutions appears to be rising, enrollment rates are still lower than those of non-disabled students. Additionally, students with disabilities graduate from college at significantly lower rates than those without disabilities, as reported by the Postsecondary National Policy Institute (PDF).
Barriers to access and participation on campus include challenges navigating campus procedures, inadequate accommodations, faculty who are unaware of — or push back against — disability accommodations, discrimination, and more. These findings are highlighted in research from the National Center for College Students with Disabilities (PDF, 25 pages, 1.3 MB).
Disability advocates suggest that Texas lacks the state-level data needed to understand and adequately address issues within Texas higher education institutions. Understanding root problems and obtaining information on how colleges and universities can improve will help raise the number of students with disabilities who enroll and graduate from postsecondary education.
What does the bill do?
SB 769 would amend the Texas Education Code to require THECB to prepare and submit a report to the Legislature on enrollment and success in higher education for students with disabilities.
The report must identify:
- the number and percentage of students with a disability who enroll in an institution of higher education;
- barriers to enrollment in higher education for students with a disability;
- policies of the institutions that promote enrollment and success in higher education for students with a disability;
- services and accommodations for students with a disability that are provided for accessibility at the institutions;
- efforts by the institutions to provide students with a disability sufficient and accurate information regarding the educational rights and protections for persons with a disability under state and federal law; and
- recommendations for legislative or other action.
The bill defines “student with a disability” as a student covered under the Americans with Disabilities Act (ADA) of 1990, or Section 504 of the Rehabilitation Act of 1973.
Under the bill terms, public higher education institutions would be required to provide, upon request, any information necessary for THECB to prepare the report. THECB would be allowed to request information from private or independent higher education institutions. Those entities would not be required to respond.
If passed, SB 769 would take effect on Sept. 1, 2025, or immediately if passed by a two-thirds majority in each chamber. The report would be submitted no later than Sept. 1, 2027, and the statute would expire on Sept 1, 2028.
“[SB 769] seeks to help understand and strategize our investments and our policies when it comes to higher education accessibility.”
Sen. José Menéndez, SB 769 author
Where is the bill in the process?
On April 16, 2025, SB 769 passed the Senate. The bill is waiting for committee referral in the House.
The bill received a public hearing before the Senate Education K-16 Committee on April 3. You can watch the discussion on it here, beginning at the 1:24:09 mark.
Who supports the bill and why?
The following comments were provided at the April 3 hearing on SB 769:
- Arc of Texas: Sabrina Gonzalez Saucedo, director of public policy and advocacy at The Arc of Texas, testified in support of SB 769. She mentioned her service as a current member of THECB’s Advisory Council on Postsecondary Education for Persons with Intellectual and Developmental Disabilities. She emphasized that “postsecondary education opens doors to job opportunities, economic stability, and personal growth.” Pointing to the state’s goals for increasing postsecondary attainment as outlined in THECB’s 60×30 strategic plan (PDF, 44 pages, 1.5 MB), Gonzalez Saucedo suggested that reaching the benchmarks will require acknowledging and investing in the one in four Texas adults with disabilities.
Gonzalez Saucedo indicated that the percentage of college students with disabilities has nearly doubled over the past two decades. This is partially due to the enforcement of accessibility standards under the ADA, as well as inclusive transition programs that provide students with job training and life skills. She stressed that gaps still exist. Investing in comprehensive data collection is necessary to identify barriers, improve institutional policies, and ensure students can thrive. She stated: “SB 769 will provide lawmakers with a clear understanding of the higher education landscape, enabling more informed policies that support college access and success for students with disabilities.”
The following groups also registered their support for the bill: Alamo Colleges District, Disability Rights Texas, Methodist Healthcare Ministries, National Association of Social Workers, Texas Council of Administrators of Special Education, and United Ways of Texas.
Who opposes the bill and why?
One individual registered their opposition to the bill but did not testify on the nature of their concerns.
Additional Testimony
The following comments were provided on the bill at the April 3 hearing:
- Education Advocate: Zenobia Joseph, an educational consultant and policy analyst, testified on SB 769. She recommended that the report include details on the race and ethnicity of students with disabilities, as well as their types of disabilities, to get a better understanding of who is enrolled.
Additional Information
Informed by the values identified in the federal Developmental Disabilities Assistance and Bill of Rights Act, TCDD Council Members have adopted the following position statement:
Higher Education
TCDD supports the position that students with developmental disabilities deserve the preparation and support necessary to successfully transition into higher education and, ultimately, meaningful employment postgraduation. Students with disabilities deserve the opportunity to engage in career exploration activities and receive college preparation in high school through the support of their college counselors, teachers, and Texas Workforce Solutions-Vocational Rehabilitation Services. While participating in higher education, students with disabilities should have the opportunity to access campus life alongside their nondisabled peers and receive meaningful evidence of their academic achievements upon completion of their programs.
How much will the bill cost?
The Legislative Budget Board found that SB 769 would not impact the state budget in a significant way.
Is there a House companion to the bill?
House Bill (HB) 271 by Rep. Mary González is an identical bill to SB 769. It was favorably reported out of the House Committee on Higher Education on April 1. It is waiting to be scheduled for consideration by the full Texas House.
The following groups registered support at a March 25 hearing for HB 271: Coalition of Texans with Disabilities, Texas AFT, Texas Association of Business, Texas Council of Community Centers, Texas Parent to Parent, and Young Invincibles. No opposition was registered. You can watch the discussion on it here, beginning at the 0:09:00 mark.
Stay Informed
For the latest information about where SB 769 is in the process, follow the bill on the Texas Legislature Online. To receive future legislative updates from TCDD, follow us on Facebook, X, Instagram, and LinkedIn.
Bill of the Week Updates
Here is an update on previous TCDD Bills of the Week for the 89th legislative session.
HB 645, which would require the implementation of a statewide program to provide certain co-navigation services to people who are deaf-blind, passed the Texas House on April 17. It now heads to the Senate for consideration.
HB 1041 has been scheduled for consideration by the House on April 22. It would prohibit paid caregivers from serving as beneficiaries of life insurance policies for individuals under their care.
HB 2807 was favorably passed by the House Committee on Human Services on April 15. The bill now awaits scheduling for consideration by the full Texas House. HB 2807 would establish a statewide coordinating council for intellectual and developmental disability services.
