Relating to the establishment of the Building Better Futures Program to support educational and occupational skills training opportunities and support services for students with intellectual and developmental disabilities at public and private institutions of higher education.
ModeratePlan for compliance
Low Cost
Effective:2025-05-26
Enforcing Agencies
Texas Higher Education Coordinating Board (THECB)
01
Compliance Analysis
Key implementation requirements and action items for compliance with this legislation
Implementation Timeline
Effective Date: May 26, 2025
Compliance Deadline: Institutions must secure U.S. Department of Education "Comprehensive Transition and Postsecondary" (CTP) approval no later than the 3rd anniversary of their initial selection for the state program.
Agency Rulemaking: The THECB is required to adopt rules "as soon as practicable." We are currently in a regulatory gray zone; the law is effective, but the application process and specific grant criteria do not yet exist. Expect draft rules by Q3 2025.
Immediate Action Plan
1.Initiate Federal Application: Do not wait for state rules. Begin the U.S. Department of Education CTP application immediately; this is a prerequisite for long-term compliance.
2.Audit Liability Coverage: Review General and Professional Liability policies to ensure coverage extends to non-degree, certificate-based occupational training for students with IDD.
3.Draft Safety Protocols: Legal counsel must draft the "Danger to Self/Others" assessment rubric immediately to standardize the admissions vetting process.
4.Segregate Admissions Data: Create a specific workflow for handling medical diagnostic data for applicants who may not eventually enroll.
Operational Changes Required
Contracts
Grant Agreements: Participating institutions must execute contracts with THECB containing claw-back provisions if federal CTP approval is not obtained within the 3-year statutory window.
Workforce MOUs: Institutions establishing occupational internships must amend Memorandums of Understanding (MOUs) with employer partners. These contracts must explicitly define liability and supervision responsibilities for students with IDD in workplace settings.
Hiring/Training
Admissions Protocols: Admissions officers must be trained on a new, separate "selective admissions process" mandated by the law. This process must evaluate "ability to benefit" rather than standard GPA/SAT metrics.
Risk Assessment: Staff must be trained to document determinations regarding whether an applicant poses a "danger to self or others," a specific statutory eligibility requirement.
Reporting & Record-Keeping
Medical Data Segregation: Institutions must establish a secure repository for diagnostic documentation (physician/psychologist verification of IDD) separate from standard academic records to ensure HIPAA/FERPA compliance prior to enrollment.
Non-Transferability Firewall: Registrars must code BBFP courses to ensure they do not apply toward associate or baccalaureate degrees, as strictly prohibited by Sec. 61.575.
Fees & Costs
Program Development: Institutions must front-load the costs of curriculum design and federal CTP application preparation.
Funding Uncertainty: The Fiscal Note states implications "cannot be determined." Institutions should budget for the scenario where state grants supplement, rather than fully cover, program costs.
Strategic Ambiguities & Considerations
1. The "Danger" Standard: The statute requires institutions to determine that a student is "not a danger to self or others" but provides no standard for this assessment. Rulemaking must clarify if THECB will provide a standardized risk matrix. Without one, institutions face significant tort liability for their internal assessment methodologies.
2. Grant Allowability: It is unclear if grant funds can be used for capital improvements (accessibility retrofits) or are restricted solely to operational/instructional costs.
3. Residency Formulas: While non-residents may be admitted if space allows, rulemaking must define if/how non-resident enrollment impacts the calculation of grant awards.
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Comprehensive Transition and Postsecondary (CTP) programs approved by the U.S. Department of Education are designed to support students with intellectual and developmental disabilities who want to continue education in academic and career fields to gain skills for employment. According to the office of Federal Student Aid within the department, there are only 4 CTP programs in Texas, whereas Ohio has 12 programs, Florida has 22 programs, and Tennessee has 8 programs. The bill author has informed the committee that a small percentage of students with intellectual and developmental disabilities are employed in competitive jobs in Texas and that students who enroll in a CTP program can be gainfully employed while participating in the program and maintain their job after they leave the program. H.B. 2081 seeks to facilitate the delivery of educational and occupational skills training to individuals with intellectual and developmental disabilities through CTP programs at institutions of higher education by providing for the administration of the building better futures program.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is expressly granted to the Texas Higher Education Coordinating Board in SECTION 1 of this bill.
ANALYSIS
H.B. 2081 amends the Education Code to require the Texas Higher Education Coordinating Board (THECB) to administer the building better futures program for the purpose of facilitating the delivery by public, private, and independent institutions of higher education of educational and occupational skills training opportunities and support services to students with intellectual and developmental disabilities in an inclusive and age-appropriate environment.
H.B. 2081 requires the THECB to adopt any rules necessary to implement the program as soon as practicable after the bill's effective date and authorizes the THECB to develop a competitive application process for the award of funds to eligible institutions under the program. The bill exempts a program or course offered under the program from requirements relating to THECB approval of academic programs, the transfer of credits, and a THECB-recommended core curriculum.
H.B. 2081 requires an institution of higher education to meet the following criteria to be eligible to participate in the program:
·be approved by or awaiting approval from the U.S. Department of Education to offer a comprehensive transition and postsecondary program for students with intellectual or developmental disabilities;
·develop and implement a selective admissions process to select eligible students for admission to the institution's comprehensive transition and postsecondary program; and
·award a certificate to each student who successfully completes the program at the institution.
The bill requires the THECB to establish criteria to ensure that each eligible institution that has requested but not yet received approval from the U.S. Department of Education for the institution's comprehensive transition and postsecondary program obtains that approval not later than the third anniversary of the date the institution is initially selected by the THECB for participation in the program.
H.B. 2081 requires a student applicant to meet the following criteria to be eligible to participate in the program:
·apply for admission to a comprehensive transition and postsecondary program, or a program that is awaiting approval from the U.S. Department of Education as such a program, at an eligible institution;
·be a citizen or a lawful permanent resident of the United States;
·be a Texas resident as determined for tuition purposes, except as otherwise provided by the bill;
·have an intellectual or developmental disability diagnosed by an individual qualified by license or statute to make such a diagnosis;
·be able and willing to learn and participate in an inclusive classroom and work setting; and
·not be a danger to the applicant's self or others, as determined by the accepting institution.
The bill requires an applicant to submit a copy of their lawful permanent resident form with the application, if applicable, and authorizes an eligible institution to require an applicant or the applicant's parent or guardian to provide proof of residency through one of the documents specified by the bill. The bill authorizes an applicant who is not a Texas resident to participate in the program at an eligible institution only if the applicant is otherwise eligible and the institution has an opening available in the program after all other eligible applicants are admitted.
H.B. 2081 prohibits semester credit hours or the equivalent completed through the program from being transferred to an associate or baccalaureate degree program. The bill authorizes the THECB to award money under the program only to eligible institutions to be used by those institutions for the program's established purpose and authorizes the THECB to use any available revenue, including legislative appropriations, and to solicit and accept gifts, grants, and donations from a public or private source for the purposes of the program.
EFFECTIVE DATE
On passage, or, if the bill does not receive the necessary vote, September 1, 2025.
Honorable Terry M. Wilson, Chair, House Committee on Higher Education
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB2081 by Bucy (Relating to the establishment of the Building Better Futures Program to support educational and occupational skills training opportunities and support services for students with intellectual and developmental disabilities at public and private institutions of higher education.), As Introduced
The fiscal implications of the bill cannot be determined due to the unavailability of data related to the number of institutions that would be eligible to receive awards and any grant amounts that would be awarded.
The bill would create the Building Better Futures Program that would be administered by the Higher Education Coordinating Board (Board). The Board would awards funds under the program only to eligible institutions to be used by institutions to facilitate the delivery of education and occupational skills training opportunities and support services for students participating the program. The Board would be required to draft rules regarding eligibility criteria and guidelines for grant amounts.
It is assumed that any costs associated with administering the program could be absorbed using existing resources. The fiscal impact cannot be determined but would be dependent on how many institutions would be eligible for awards, funding available for grant awards, and any grant amounts that would be awarded.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies:
781 Higher Education Coordinating Board
LBB Staff:
JMc, FV, LBO, GO
Related Legislation
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HB2081 immediately establishes the Building Better Futures Program (BBFP), a competitive state grant mechanism administered by the Texas Higher Education Coordinating Board (THECB) to fund postsecondary occupational training for students with intellectual and developmental disabilities (IDD). While the law targets Higher Education Institutions (HEIs), it creates immediate downstream compliance requirements for workforce partners regarding liability and supervision, and mandates that HEIs secure federal program approval within three years of receiving state funds. Implementation Timeline Effective Date: May 26, 2025 Compliance Deadline: Institutions must secure U.
Q
Who authored HB2081?
HB2081 was authored by Texas Representative John Bucy during the Regular Session.
Q
When was HB2081 signed into law?
HB2081 was signed into law by Governor Greg Abbott on May 26, 2025.
Q
Which agencies enforce HB2081?
HB2081 is enforced by Texas Higher Education Coordinating Board (THECB).
Q
How urgent is compliance with HB2081?
The compliance urgency for HB2081 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.
Q
What is the cost impact of HB2081?
The cost impact of HB2081 is estimated as "low". This may vary based on industry and implementation requirements.
Q
What topics does HB2081 address?
HB2081 addresses topics including disabilities, persons with, education, education--higher, education--higher--institutions & programs and education--higher--private schools.
Legislative data provided by LegiScanLast updated: November 25, 2025
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