bill gives parents a state office to complain to

The text as introduced · 1,115 words

89R560 BDP-F

By: Patterson
H.B. No. 284

A BILL TO BE ENTITLED

AN ACT

relating to the establishment of an ombudsman for parents of

children enrolled in public school.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle E, Title 2, Education Code, is amended

by adding Chapter 26A to read as follows:

CHAPTER 26A. OMBUDSMAN

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 26A.001. DEFINITION. In this chapter, "ombudsman"

means the individual who has been appointed as the ombudsman under

this chapter.

SUBCHAPTER B. APPOINTMENT AND ADMINISTRATION

Sec. 26A.051. APPOINTMENT OF OMBUDSMAN. (a) The State

Board of Education shall appoint an ombudsman for parents of

children enrolled in public school to serve at the will of the

board.

(b) To be eligible for appointment as ombudsman, a person:

(1) must be:

(A) a resident of this state; and

(B) a parent of a child enrolled in a school

district or open-enrollment charter school; and

(2) may not be a current or former elected official.

(c) The ombudsman is administratively attached to the

agency.

(d) From money appropriated for the purpose, the ombudsman

may employ staff to assist the ombudsman in performing the

ombudsman's duties under this chapter.

Sec. 26A.052. COMMUNICATION AND CONFIDENTIALITY. (a) A

person may communicate with the ombudsman regarding a complaint by

telephone, mail, e-mail, or any other means the ombudsman

determines to be feasible, secure, and generally accessible.

(b) Information received by the ombudsman regarding a

complaint is confidential and not subject to disclosure under

Chapter 552, Government Code. The ombudsman shall maintain the

information in a manner that preserves the information's

confidentiality.

(c) The disclosure of confidential information to the

ombudsman under this chapter does not constitute a waiver of

confidentiality. Any information disclosed to the ombudsman under

this chapter remains confidential and privileged following

disclosure.

(d) This section does not prohibit the ombudsman from

communicating with the agency, the State Board of Education, or a

school district or open-enrollment charter school regarding

confidential information disclosed to the ombudsman by the agency,

board, district, or school.

Sec. 26A.053. PUBLIC OUTREACH. The ombudsman shall

collaborate with the agency to develop and implement an annual

outreach plan to promote awareness of the ombudsman among parents

of children enrolled in a school district or open-enrollment

charter school.

SUBCHAPTER C. DUTIES AND POWERS

Sec. 26A.101. DUTIES AND POWERS OF OMBUDSMAN. (a) The

ombudsman serves as a neutral party in assisting parents of

children enrolled in a school district or open-enrollment charter

school with complaints regarding issues involving the agency, the

State Board of Education, or a school district or open-enrollment

charter school.

(b) The ombudsman shall develop and implement statewide

procedures to:

(1) receive complaints from parents of children

enrolled in a school district or open-enrollment charter school

regarding unethical conduct or a violation of state or federal law

relating to public education or agency procedure or policy by:

(A) the agency, the State Board of Education, or

a school district or open-enrollment charter school; or

(B) an employee of the agency, the State Board of

Education, or a school district or open-enrollment charter school;

(2) review complaints filed with the ombudsman and

take appropriate action, including:

(A) conducting an investigation; and

(B) referring to the agency for resolution any

trends or systemic issues identified in complaints;

(3) provide any necessary assistance to parents of

children enrolled in a school district or open-enrollment charter

school in making complaints or reporting allegations of behavior

described by Subdivision (1); and

(4) ensure a parent of a child enrolled in a school

district or open-enrollment charter school who filed a complaint

receives a report on the results of any investigations conducted or

final determinations made regarding the complaint.

Sec. 26A.102. INVESTIGATION OF UNREPORTED VIOLATIONS. If,

during the investigation of a complaint, the ombudsman discovers

unreported unethical conduct or violations described by Section

26A.101(b)(1), the ombudsman shall open a new investigation for

each unreported occurrence of unethical conduct or violation.

Sec. 26A.103. RETALIATION PROHIBITED. (a) The agency, a

school district, or an open-enrollment charter school may not

retaliate against:

(1) a parent of a child enrolled in a school district

or open-enrollment charter school who in good faith makes a

complaint to the ombudsman;

(2) a child enrolled in a school district or

open-enrollment charter school whose parent in good faith makes a

complaint to the ombudsman; or

(3) any person, including an employee of the agency,

State Board of Education, district, or school, who in good faith

cooperates with the ombudsman in an investigation.

(b) The ombudsman shall collaborate with the agency to

establish consequences for a retaliatory action taken in violation

of this section.

Sec. 26A.104. ACCESS TO INFORMATION. The agency shall

provide the ombudsman access to the agency's records relating to a

complaint filed with the ombudsman under this chapter.

Sec. 26A.105. REPORTS. (a) The ombudsman shall issue and

file with the agency a report that contains the ombudsman's final

determinations regarding a complaint and any recommended

corrective actions to be taken as a result of the complaint.

(b) Notwithstanding Section 26A.052, the ombudsman may make

a report relating to an investigation of a complaint public after

the complaint is resolved. A report made public under this

subsection may not include information that identifies any person

involved in the complaint, including the complainant, a child, a

child's parent, or an employee of the agency, the State Board of

Education, a school district, or an open-enrollment charter school.

(c) Not later than December 1 of each year, the ombudsman

shall prepare and submit to the agency and the State Board of

Education a report on the ombudsman's work during the preceding

year. The report must include:

(1) a description of the ombudsman's work;

(2) any change made by the agency in response to a

substantiated complaint;

(3) a description of any trends in the nature of

complaints received by the ombudsman, any recommendations related

to addressing those trends, and an evaluation of the feasibility of

the ombudsman's recommendations;

(4) a glossary of terms used in the report;

(5) a description of the methods used to promote

awareness of the ombudsman under Section 26A.053 and the

ombudsman's outreach plan for the next year; and

(6) any public feedback received by the ombudsman

relating to the ombudsman's previous reports under this subsection.

(d) On receipt of the report required under Subsection (c),

the agency shall make the report publicly available on the agency's

Internet website.

SECTION 2. As soon as practicable after the effective date

of this Act, the State Board of Education shall appoint an ombudsman

under Chapter 26A, Education Code, as added by this Act.

SECTION 3. This Act takes effect September 1, 2025.