89th Legislature Regular Session

SB 111

Overall Vote Recommendation
Vote Yes; Amend
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
SB 111 proposes to increase transparency regarding the legal expenditures of Texas public school districts related to special education disputes. Specifically, the bill requires each school district to submit a monthly report to the Texas Education Agency (TEA) and to publish the same information on its website for every special education due process complaint in which the district has incurred over $10,000 in legal fees. These reports must include the general subject matter of the dispute and the total legal fees accrued to date.

Importantly, the bill contains safeguards to protect student privacy. It expressly prohibits the inclusion of personally identifiable information in these reports and mandates compliance with the Family Educational Rights and Privacy Act of 1974 (FERPA). The TEA, in turn, must compile the data and publish it monthly, both as an aggregated statewide summary and disaggregated by individual school district. The bill also grants rulemaking authority to the Commissioner of Education to implement these provisions.

SB 111 aims to shed light on the often opaque and costly legal battles over special education services, allowing parents, taxpayers, and policymakers to better understand how districts allocate resources in this critical area.

The originally filed version of SB 111 proposed a dual approach to increasing transparency and fiscal responsibility in special education legal disputes. First, it imposed a hard cap of $10,000 in legal fees that a school district could spend on a single special education legal proceeding, unless explicitly authorized to exceed that limit by the district’s board of trustees. This version required a confidential report to be submitted to the board when legal costs reached 80% of the limit, including details about the case and projected total costs. The board would then be required to either authorize additional spending or direct the district to settle the matter. Additionally, it required public monthly reporting of cases exceeding the $10,000 limit, with a summary of the case and total fees, and mandated that TEA compile and publish this data monthly.

In contrast, the Committee Substitute version significantly softens the originally proposed financial restrictions. The cap on legal spending has been removed entirely. Instead, the focus is now solely on transparency: districts are only required to publicly report and submit to TEA monthly updates on ongoing legal proceedings where legal fees exceed $10,000. These reports must state the general subject matter and total legal fees incurred, and must comply with FERPA. The substitute eliminates the requirement for a district superintendent to submit a confidential report to the board or for the board to make a formal decision regarding continued litigation beyond the threshold. It also omits the enforcement mechanism tied to the $10,000 cap that was central to the original bill.

Overall, the substitute version maintains the transparency goal of the original bill but drops the stronger accountability measures related to legal spending oversight. The change reduces potential administrative burdens and legal limitations for districts, but at the cost of removing a structural check on escalating special education litigation costs.
Author
Bob Hall
Co-Author
Paul Bettencourt
Donna Campbell
Phil King
Fiscal Notes

According to the Legislative Budget Board (LBB), SB 111 would result in a net negative fiscal impact of approximately $1,015,090 to General Revenue over the 2026–2027 biennium. The primary driver of this cost is the implementation of reporting and publication requirements by the Texas Education Agency (TEA), which must aggregate and post legal fee information submitted monthly by school districts involved in special education legal disputes.

Specifically, TEA anticipates information technology (IT) expenses of $323,102 in fiscal year 2026 and $691,988 in fiscal year 2027 to establish the infrastructure and systems necessary to receive, process, and display the data collected under the bill’s provisions. Ongoing costs for maintaining the system and compliance activities are projected at $119,632 annually starting in fiscal year 2028.

On the local level, school districts would incur additional administrative costs. Each district would be required to compile monthly legal spending reports for any special education due process complaint where legal fees exceed $10,000, and then submit the report to TEA and post it on the district’s website. These costs will vary by district depending on the frequency and complexity of applicable legal proceedings, but the fiscal note does not quantify their aggregate financial impact. Nonetheless, the requirement to redact personally identifiable student information and ensure compliance with FERPA introduces additional labor and compliance burdens on local education agencies.

Overall, while SB 111 does not appropriate new funds, it creates the statutory foundation for TEA and school districts to absorb new recurring administrative and IT expenditures to implement the mandated transparency measures.

Vote Recommendation Notes

SB 111 seeks to increase fiscal transparency and accountability by requiring public school districts to report monthly on legal fees spent in special education due process proceedings that exceed $10,000. Districts must publish this information on their websites and submit it to the Texas Education Agency (TEA), which is then required to compile and publish statewide and district-level summaries. This approach provides taxpayers, policymakers, and stakeholders greater visibility into how public funds are being used in what are often protracted and costly legal disputes over special education services.

The bill strongly supports the liberty principles of government transparency and personal responsibility. It empowers parents, advocates, and taxpayers with access to real-time financial data that has historically only been accessible through delayed and burdensome public information requests. It also fosters greater accountability by potentially deterring excessive legal expenditures, encouraging school districts to seek earlier and more collaborative resolutions when possible.

However, the bill does introduce new administrative responsibilities and recurring costs at both the state and local levels. TEA is projected to incur more than $1 million in General Revenue costs through the next biennium to build and maintain systems for processing and publishing this data. School districts—especially small or rural ones—may experience new burdens as they work to comply with monthly reporting mandates and ensure compliance with federal privacy laws like FERPA. These burdens are real, but they are largely procedural rather than ideological, and they do not violate the core principles of limited or efficient government. Importantly, the bill does not create new regulations for individuals or private entities.

To better align with the principle of limited government, the bill would benefit from clarifying or strengthening amendments. Suggested improvements could include raising the $10,000 reporting threshold to a more meaningful level to reduce bureaucratic overhead, shifting from monthly to quarterly reporting to ease administrative strain, or consolidating TEA’s publication requirements to avoid duplicative data handling. These changes would reduce the implementation burden while preserving the bill’s intent and impact.

In conclusion, SB 111 meaningfully advances the cause of public accountability and responsible stewardship of taxpayer dollars. The structure and purpose of the bill are fundamentally sound and consistent with liberty-oriented governance. Therefore, Texas Policy Research recommends that lawmakers vote YES on SB 111 but also consider amending the bill as described above to improve its efficiency and reduce compliance costs.

  • Individual Liberty: The bill respects and safeguards individual liberty by explicitly requiring compliance with the Family Educational Rights and Privacy Act (FERPA), which protects students' personally identifiable information. By mandating anonymized public reporting, the bill ensures transparency without infringing on the privacy rights of students or families. This careful balance allows the public to scrutinize government activity without compromising individual rights.
  • Personal Responsibility: The bill reinforces personal responsibility in the public sector by requiring school districts to publicly disclose how they spend taxpayer funds on legal disputes related to special education. This fosters greater accountability from school administrators and legal counsel who might otherwise litigate aggressively or inefficiently without oversight. Increased transparency may also encourage more thoughtful, cost-effective resolution of disputes, aligning with a culture of prudent decision-making.
  • Free Enterprise: The bill does not directly affect private businesses or the operation of the free market. However, legal service providers that contract with school districts could experience indirect effects if districts become more conservative in initiating or continuing litigation. Still, the legislation imposes no new restrictions or regulations on the private sector.
  • Private Property Rights: There is no direct effect on private property rights. The bill does not alter ownership, use, or compensation related to property and does not involve eminent domain or regulatory takings.
  • Limited Government: The bill promotes a key goal of limited government—transparency in the use of public funds—by shining light on previously obscure legal expenditures. However, it also expands the administrative duties of both the Texas Education Agency (TEA) and local school districts. TEA is required to build, maintain, and regularly update a new statewide reporting system, while districts must track and submit legal fee data monthly. This administrative expansion is projected to cost over $1 million during the initial biennium and introduces a recurring regulatory function. While these administrative burdens are modest in scale and targeted in scope, they should be carefully weighed against the benefits. Amendments that raise the reporting threshold or reduce reporting frequency could reduce this impact while still achieving the bill’s transparency goals.
Related Legislation
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