Dutton Bill Lets Parents Sue Their Kid’s School Directly

The text as introduced · 494 words

89R11694 AMF-F

By: Dutton
H.B. No. 3582

A BILL TO BE ENTITLED

AN ACT

relating to a private civil cause of action against a public school

for the violation of certain student or parental rights.

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

SECTION 1. 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) liability to suit under Section 26.018;

(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 2. Chapter 26, Education Code, is amended by adding

Section 26.018 to read as follows:

Sec. 26.018. SUIT AGAINST PUBLIC SCHOOL AUTHORIZED. (a) To

further the mission and objectives of public education under

Section 4.001, the belief that parental involvement is necessary

for the maximum educational achievement of a child, and the state's

constitutional purpose of achieving a general diffusion of

knowledge, a parent of a student enrolled at a school district or

open-enrollment charter school may bring a civil action against the

district or school for:

(1) a violation of Section 1.002;

(2) a violation of this chapter;

(3) failure to employ an educator to teach a course in

which the student is enrolled, if required by law;

(4) the student's assignment to a campus that has been

assigned an unacceptable overall performance rating under Section

39.054 for the two preceding school years; or

(5) failure to involve the parent in any matter in

which the district or school is required to involve the parent as

provided by this code.

(b) A parent of a student who prevails in an action under

this section is entitled to recover, as applicable:

(1) actual damages;

(2) specific performance;

(3) injunctive relief; and

(4) court costs and reasonable attorney's fees.

(c) A parent of a student enrolled in a school district or

open-enrollment charter school is not required to exhaust

administrative remedies before bringing an action under this

section.

(d) Sovereign immunity to suit is waived and abolished to

the extent of liability created by this section.

SECTION 3. The change in law made by this Act applies only

to a cause of action that accrues on or after the effective date of

this Act.

SECTION 4. 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.