Hickland’s bill setting a uniform school grievance process

The text as introduced · 2,553 words

89R12426 KJE-F

By: Hickland
H.B. No. 3222

A BILL TO BE ENTITLED

AN ACT

relating to school district policies, appeals to the commissioner

of education, and reporting on settlement agreements entered into

by a public school.

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

SECTION 1. Section 7.057, Education Code, is amended by

amending Subsections (a) and (e) and adding Subsections (c-1) and

(g) to read as follows:

(a) Except as provided by Subsection (e), a person may

appeal in writing to the commissioner if the person is aggrieved

by[ :

[ (1) the school laws of this state; or

[ (2) ] actions or decisions of any school district

board of trustees that violate:

(1) [ (A) ] the school laws of this state; or

(2) [ (B) ] a provision of a written employment contract

between the school district and a school district employee, if a

violation causes or would cause monetary harm to the employee.

(c-1) In an appeal against a school district, the

commissioner may:

(1) if the record is insufficient for the commissioner

to resolve the appeal, remand the case to the district and order an

investigation and development of the record; and

(2) if the commissioner determines that an action or

decision of the district's board of trustees violated a law or

provision described by Subsection (a):

(A) reverse the case or remand the case to the

board of trustees for additional proceedings; and

(B) order the board of trustees to take

corrective action the commissioner determines appropriate to

remedy the violation.

(e) This section does not apply to:

(1) a case to which Subchapter G, Chapter 21, applies;

[ or ]

(2) a case involving extracurricular activities; or

(3) a student disciplinary action under Chapter 37.

(g) The commissioner may adopt rules as necessary to

implement this section.

SECTION 2. Subchapter C, Chapter 7, Education Code, is

amended by adding Sections 7.0571 and 7.0572 to read as follows:

Sec. 7.0571. REMAND. (a) In an appeal against a school

district under Section 7.057, the commissioner may remand the case

to the district for rehearing under Chapter 26A if the commissioner

determines that the appeal would have likely succeeded on the

merits if not for:

(1) a fatal procedural error at the district level;

(2) failure to allege the correct statutory violation;

or

(3) failure to develop necessary evidence at the

district level.

(b) In remanding a case under Subsection (a), the

commissioner may:

(1) identify specific issues or law for the school

district to address; and

(2) alter the timelines provided under Chapter 26A.

(c) A case remanded under this section may be appealed again

under Section 7.057, and the timelines established by that section

apply to the appeal unless the commissioner provides for a shorter

timeline.

(d) The commissioner may adopt rules as necessary to

implement this section.

Sec. 7.0572. DISPUTE RESOLUTION FACILITATION. (a) The

commissioner shall develop a program for the training and review of

dispute resolution facilitators.

(b) The commissioner shall establish requirements for a

person to qualify as a dispute resolution facilitator under this

section.

(c) In an appeal against a school district under Section

7.057, the commissioner may refer to dispute resolution

facilitation under this section a case involving a grievance by a

parent of or person standing in parental relation to a student

enrolled in the district arising from the parent's or person's

status as a parent of or person standing in parental relation to the

student if:

(1) the grievance does not allege:

(A) conduct described by Section 7.057(a) or (e);

or

(B) conduct for which Title 1 or 2, other than

Section 11.151(b), makes a specific decision of the district's

board of trustees final and unappealable or not subject to review;

and

(2) the commissioner determines that the district's

conduct should be reviewed for substantial error that is apparent

from the record.

(d) The commissioner shall appoint a dispute resolution

facilitator to an appeal referred to dispute resolution

facilitation under Subsection (c). A dispute resolution

facilitator:

(1) shall:

(A) propose factual findings related to the

grievance;

(B) consider information provided by the person

who filed the grievance and the school district;

(C) facilitate a resolution between the person

who filed the grievance and the school district; and

(D) if no resolution is possible, render a

decision that includes findings of fact and conclusions of law; and

(2) may recommend a remand of the grievance or grant

relief or redress to the person who filed the grievance in the same

manner as the commissioner under Section 7.057.

(e) The commissioner may adopt or reject the final

determination of a dispute resolution facilitator. If the

commissioner rejects the determination, no decision on the matter

is issued. If the commissioner adopts the determination, the

determination is binding on the parties. A determination by the

commissioner under this subsection is final and may not be

appealed, including under Section 7.057(d).

(f) The school district against which the grievance was

filed shall pay the cost of the dispute resolution facilitator, the

hearing room, the certified court reporter at the hearing, and the

production of any original hearing transcript.

(g) Section 7.057(a-1) applies to conduct that may be

referred to dispute resolution facilitation under Subsection

(c)(1).

(h) The commissioner may adopt rules as necessary to

implement this section.

SECTION 3. Subchapter A, Chapter 11, Education Code, is

amended by adding Section 11.004 to read as follows:

Sec. 11.004. COMPLIANCE WITH MANDATORY POLICY. A school

district, the district's board of trustees, and the district's

employees shall implement and comply with each policy the district

is required to adopt under this code or other law.

SECTION 4. The heading to Section 11.1518, Education Code,

is amended to read as follows:

Sec. 11.1518. TRUSTEE INFORMATION [ POSTED ON WEBSITE ].

SECTION 5. Section 11.1518, Education Code, is amended by

amending Subsection (c) and adding Subsections (d) and (e) to read

as follows:

(c) Not later than the 30th day after a new person is sworn

in as a member [ Each time there is a change in the membership ] of a

school district's board of trustees, the district shall update the

information required under Subsection (a) and, as applicable:

(1) post the updated information on the district's

Internet website; or

(2) submit the updated information to the agency for

posting on the agency's Internet website in accordance with

Subsection (b).

(d) A school district shall annually submit to the agency

the information required under Subsection (a) for each member of

the district's board of trustees. The information must:

(1) identify the member designated as chair; and

(2) be updated as required by Subsection (c).

(e) The commissioner may adopt rules as necessary to

implement this section.

SECTION 6. Section 12A.004(a), Education Code, is amended

to read as follows:

(a) A local innovation plan may not provide for the

exemption of a district designated as a district of innovation from

the following provisions of this title:

(1) a state or federal requirement applicable to an

open-enrollment charter school operating under Subchapter D,

Chapter 12;

(2) Subchapters A, C, D, and E, Chapter 11, except that

a district may be exempt from Sections 11.1511(b)(5) and (14) and

Section 11.162;

(3) the grievance policy under Chapter 26A;

(4) state curriculum and graduation requirements

adopted under Chapter 28; and

(5) [ (4) ] academic and financial accountability and

sanctions under Chapters 39 and 39A.

SECTION 7. Section 26.011(a), Education Code, is amended to

read as follows:

(a) The board of trustees of each school district shall

adopt a grievance procedure that complies with Chapter 26A under

which the board shall address each complaint that the board

receives concerning violation of a right guaranteed by this

chapter.

SECTION 8. Subtitle E, Title 2, Education Code, is amended

by adding Chapter 26A to read as follows:

CHAPTER 26A. GRIEVANCE POLICY

Sec. 26A.001. GRIEVANCE POLICY. (a) The board of trustees

of a school district shall adopt a grievance policy to address

grievances received by the district.

(b) The policy must provide for the following levels of

review, subject to Subsection (c):

(1) review by:

(A) the principal of the school district campus

at which the grievance is filed or the principal's designee; or

(B) for a grievance that arises from subject

matter unrelated to a campus, an administrator at the school

district's central office;

(2) if established by the policy, an appeal to an

administrator at the school district's central office;

(3) an appeal to the superintendent of the school

district or the superintendent's designee; and

(4) an appeal to the board of trustees of the school

district.

(c) A review or appeal on a grievance must be conducted by a

person with the authority to address the grievance unless a

preliminary hearing is necessary to develop a record or a

recommendation for the board of trustees of the school district.

(d) The board of trustees of a school district may delegate

the authority to hear and decide a grievance to a committee of at

least three members composed only of members of the board of

trustees. For purposes of an appeal to the commissioner under

Section 7.057, a decision by the committee is a decision of the

board of trustees.

(e) The policy must:

(1) prohibit the board of trustees of the school

district or a district employee from retaliating against a student

or parent of or person standing in parental relation to a student

who files a grievance in accordance with the policy;

(2) require a person involved in reviewing a grievance

under the policy to recuse himself or herself from reviewing the

grievance if the person is the subject of the grievance;

(3) provide for a higher level of review under

Subsection (b) if the person who would otherwise review the

grievance is required to recuse himself or herself under

Subdivision (2);

(4) provide for the creation and retention of a record

of each hearing on the grievance, including:

(A) documents submitted by the person who filed

the grievance or determined relevant by school district personnel;

and

(B) a written record of the decision, including

an explanation of the basis for the decision and an indication of

each document that supports the decision;

(5) allow the person who filed the grievance to

supplement the record with additional documents or add additional

claims;

(6) allow for a remand to a lower level of review under

Subsection (b) to develop a record at any time, including at the

board of trustees level of review;

(7) require the school district to direct a grievance

that is filed with the incorrect administrator to the appropriate

administrator and consider the grievance filed on the date on which

the grievance was initially filed; and

(8) for a grievance before the board of trustees of the

school district, require that:

(A) the person who filed the grievance be

provided at least five business days before the date on which the

meeting to discuss the grievance will be held a description of any

information the board of trustees intends to rely on that is not

contained in the record; and

(B) the meeting at which the grievance is

discussed be recorded by video or audio recording or by transcript

created by a certified court reporter.

Sec. 26A.002. TIMELINES FOR FILING AND APPEAL. The policy

adopted under Section 26A.001 must:

(1) provide at least:

(A) for a grievance filed by a parent of or person

standing in parental relation to a student enrolled in the school

district:

(i) 60 days to file a grievance from the

date on which the parent or person knew or had reason to know of the

facts giving rise to the grievance; or

(ii) if the parent or person engaged in

informal attempts to resolve the grievance, the later of 90 days to

file a grievance from the date described by Subparagraph (i) or 30

days to file a grievance from the date on which the district

provided information to the parent or person regarding how to file

the grievance; and

(B) 20 days to file an appeal after the date on

which a decision on the grievance was made;

(2) for a hearing that is not before the board of

trustees of the school district, require:

(A) the district to hold a hearing not later than

the 10th day after the date on which the grievance or appeal was

filed; and

(B) a written decision to be made not later than

the 20th day after the date on which the hearing was held that

includes:

(i) any relief or redress to be provided;

and

(ii) information regarding filing an

appeal, including the timeline to appeal under this section and

Section 7.057, if applicable; and

(3) for a hearing before the board of trustees of the

school district, require the board of trustees to:

(A) hold a meeting to discuss the grievance not

later than the 60th day after the date on which the previous

decision on the grievance was made; and

(B) make a decision on the grievance not later

than the 30th day after the date on which the meeting is held under

Paragraph (A).

Sec. 26A.003. POSTING OF PROCEDURES AND FORMS. (a) The

board of trustees of a school district shall develop, make publicly

available in a prominent location on the district's Internet

website, and include in the district's student handbook:

(1) procedures for resolving grievances;

(2) standardized forms for filing a grievance, a

notice of appeal, or a request for a hearing under this chapter; and

(3) the method by which a grievance may be filed

electronically.

(b) A school district shall ensure that a grievance may be

submitted electronically at the location on the district's Internet

website at which the information described by Subsection (a) is

available.

(c) A school district shall submit and make accessible to

the agency the location on the district's Internet website at which

the information described by Subsection (a) is available.

SECTION 9. Subchapter Z, Chapter 44, Education Code, is

amended by adding Section 44.909 to read as follows:

Sec. 44.909. REPORT ON SETTLEMENT AGREEMENTS. In

accordance with commissioner rule, a school district or

open-enrollment charter school shall report to the agency the

amount of and the source of funding for each settlement agreement

entered into by the district or school.

SECTION 10. Section 12A.004(a), Education Code, as amended

by this Act, applies to a local innovation plan adopted or renewed

before, on, or after the effective date of this Act.

SECTION 11. (a) Except as provided by Subsection (b) of

this section, this Act applies beginning with the 2025-2026 school

year.

(b) The changes in law made by this Act apply to an appeal

filed with the commissioner of education on or after September 1,

2025. An appeal filed with the commissioner before September 1,

2025, is governed by the law in effect on the date the appeal was

filed, and the former law is continued in effect for that purpose.

SECTION 12. 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.