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.

ModeratePlan for compliance

Low Cost

Effective:2025-09-01

Enforcing Agencies

Texas Higher Education Coordinating Board (THECB)

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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Legislative Timeline

This bill's path through the Texas Legislature

TopicsDisabilities, Persons With Education Education--higher Education--higher--admission & Attendance Higher Education Coordinating Board, Texas

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

Senate Research Center	S.B. 769
89R1004 JTZ-F	By: Men�ndez
	Education K-16
	3/31/2025
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Students with disabilities at Texas colleges and universities have noted a lack of access to necessary accommodations during their studies. In addition, many students feel they are at a higher disadvantage when applying to or enrolling in Texas colleges and universities.

While roughly half of high school graduates enroll in a higher education institution immediately after graduating, only an estimated 31 percent of students with disabilities had done so by two years after their graduation. Many barriers are keeping students with disabilities from enrolling into Texas colleges, including but not limited to, accessibility of campuses and dorms, lack of assistance with an application, and little information about special services offered that aid students with disabilities. Currently, Texas lack the state-produced data we need to understand and adequately address the issue within our institutions of higher education. Understanding the root problem and obtaining information on how higher education institutions can improve will help raise the number of students with disabilities that are enrolling in a higher education institution.

S.B. 769 instructs the Texas Higher Education Coordinating Board to study and report to the legislature on the state of students with disabilities in Texas colleges and universities. That includes any barriers to admission, total enrollment levels, availability of accommodations, and related school policies.

As proposed, S.B. 769 amends current law relating to a report by the Texas Higher Education Coordinating Board regarding enrollment and success in higher education for students with disabilities.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subchapter C, Chapter 61, Education Code, by adding Section 61.06642, as follows:

Sec. 61.06642. REPORT REGARDING ENROLLMENT AND SUCCESS IN HIGHER EDUCATION FOR STUDENTS WITH DISABILITIES. (a) Requires the Texas Higher Education Coordinating Board (THECB), not later than September 1, 2026, to prepare and submit to the legislature a report on enrollment and success in higher education for students with a disability.

(b) Requires that the report identify, to the extent practicable, certain factors that influence the enrollment and success of students with disabilities in higher education.

(c) Requires an institution of higher education to provide to THECB on request, and authorizes THECB to request from a private or independent institution of higher education, any information necessary for THECB to prepare the report.

(d) Provides that this section expires September 1, 2027.

SECTION 2. Effective date: upon passage or September 1, 2025.

Senate Authors

Sen. Jose MenendezDemocrat · Primary Author

Coauthors (2)

House Sponsors

Rep. Mary GonzalezDemocrat · Primary Sponsor

Joint Sponsors

Christian Manuel (D)

Bill Text(with markup)

S.B. No. 769

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to a report by the Texas Higher Education Coordinating
	Board regarding enrollment and success in higher education for
	students with disabilities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Subchapter C, Chapter 61, Education Code, is
	amended by adding Section 61.06642 to read as follows:
	Sec. 61.06642. REPORT REGARDING ENROLLMENT AND SUCCESS IN
	HIGHER EDUCATION FOR STUDENTS WITH DISABILITIES. (a) In this
	section, "student with a disability" means a student covered under:
	(1) the Americans with Disabilities Act of 1990 (42
	U.S.C. Section 12101 et seq.); or
	(2) Section 504, Rehabilitation Act of 1973 (29 U.S.C.
	Section 794).
	(b) Not later than December 1, 2027, the board shall prepare
	and submit to the legislature a report on enrollment and success in
	higher education for students with a disability.
	(c) The report must identify, to the extent practicable:
	(1) the number and percentage of students with a
	disability who enroll in an institution of higher education or
	private or independent institution of higher education;
	(2) barriers to enrollment in higher education for
	students with a disability;
	(3) policies of institutions of higher education or
	private or independent institutions of higher education that
	promote enrollment and success in higher education for students
	with a disability;
	(4) what services and accommodations for students with
	a disability are provided for accessibility at institutions of
	higher education or private or independent institutions of higher
	education;
	(5) what institutions of higher education or private
	or independent institutions of higher education do to provide to
	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
	(6) any recommendations for legislative or other
	action.
	(d) An institution of higher education shall provide to the
	board on request, and the board may request from a private or
	independent institution of higher education, any information
	necessary for the board to prepare the report.
	(e) This section expires September 1, 2028.
	SECTION 2. This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution. If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


April 1, 2025

TO:	Honorable Brandon Creighton, Chair, Senate Committee on Education K-16

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	SB769 by Menéndez (Relating to a report by the Texas Higher Education Coordinating Board regarding enrollment and success in higher education for students with disabilities.), As Introduced

No significant fiscal implication to the State is anticipated.

It is assumed that any costs associated with the bill could be absorbed using existing resources.

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, GO, LBO

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Frequently Asked Questions

Common questions about SB769

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.

Who authored SB769?

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

When was SB769 signed into law?

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

Which agencies enforce SB769?

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

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.

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.

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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