Shaheen Grievance Bill Counts Safety Absences Twice For Attendance

The text as introduced · 3,136 words

89R12631 KJE-D

By: Shaheen
H.B. No. 4292

A BILL TO BE ENTITLED

AN ACT

relating to appeals regarding school laws and a school district's

grievance procedure regarding complaints concerning violation of

state education law or school district board of trustees policy.

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

SECTION 1. (a) This section takes effect only if H.B. 1025,

89th Legislature, Regular Session, 2025, becomes law.

(b) Section 7.057, Education Code, is amended by amending

Subsections (a) and (c) and adding Subsection (c-1) to read as

follows:

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

appeal in writing to the inspector general [ 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 or open-enrollment charter school governing body that

violate:

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

law ; [ or ]

(B) a policy adopted by a school district board

of trustees or open-enrollment charter school governing body; or

(C) a provision of a written employment contract

between the school district or open-enrollment charter school and a

[ school ] district or school employee, if a violation causes or

would cause monetary harm to the employee.

(c) In an appeal against a school district or

open-enrollment charter school , the inspector general

[ commissioner ] shall, not later than the 60th [ 240th ] day after the

date the appeal is filed, issue a decision based on a review of the

record developed at the district or school level under a

substantial evidence standard of review. The parties to the appeal

may agree in writing to extend, by not more than seven [ 60 ] days,

the date by which the inspector general [ commissioner ] must issue a

decision under this subsection. The inspector general shall

provide a copy of the record to the person who filed the grievance

not later than the seventh day after the date on which the inspector

general receives the record. A school district's or

open-enrollment charter school's disclosure of the record to the

inspector general [ commissioner ] under this subsection is not an

offense under Section 551.146, Government Code.

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

open-enrollment charter school, the inspector general may find a

violation not raised by the person bringing the appeal.

SECTION 2. (a) This section takes effect only if H.B. 1025,

89th Legislature, Regular Session, 2025, does not become law.

(b) Section 7.057, Education Code, is amended by amending

Subsections (a) and (c) and adding Subsection (c-1) 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 or open-enrollment charter school governing body that

violate:

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

law ; [ or ]

(B) a policy adopted by a school district board

of trustees or open-enrollment charter school governing body; or

(C) a provision of a written employment contract

between the school district or open-enrollment charter school and a

[ school ] district or school employee, if a violation causes or

would cause monetary harm to the employee.

(c) In an appeal against a school district or

open-enrollment charter school , the commissioner shall, not later

than the 60th [ 240th ] day after the date the appeal is filed, issue

a decision based on a review of the record developed at the district

or school level under a substantial evidence standard of review.

The parties to the appeal may agree in writing to extend, by not

more than seven [ 60 ] days, the date by which the commissioner must

issue a decision under this subsection. The commissioner shall

provide a copy of the record to the person who filed the grievance

not later than the seventh day after the date on which the

commissioner receives the record. A school district's or

open-enrollment charter school's disclosure of the record to the

commissioner under this subsection is not an offense under Section

551.146, Government Code.

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

open-enrollment charter school, the commissioner may find a

violation not raised by the person bringing the appeal.

SECTION 3. (a) This section takes effect only if H.B. 1025,

89th Legislature, Regular Session, 2025, becomes law.

(b) Section 7.057(f), Education Code, is amended by adding

Subdivision (3) to read as follows:

(3) "Inspector general" means the inspector general

appointed under Subchapter E, Chapter 7.

SECTION 4. 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 procedure required by Section

26.011;

(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 5. Section 26.011, Education Code, is amended to

read as follows:

Sec. 26.011. GRIEVANCE PROCEDURE [ COMPLAINTS ]. (a) The

board of trustees of each school district shall adopt a grievance

procedure under which the board shall address each grievance

[ complaint ] that the board receives concerning a violation of a

right guaranteed by this chapter , of a board of trustees policy, or

of a provision of this title .

(b) The board of trustees of a school district is not

required by Subsection (a) or Section 11.1511(b)(13) to address a

grievance [ complaint ] that the board receives concerning a

student's participation in an extracurricular activity that does

not involve a violation of a right guaranteed by this chapter , of a

board of trustees policy, or of a provision of this title . This

subsection does not affect a claim brought by a parent under the

Individuals with Disabilities Education Act (20 U.S.C. Section 1400

et seq.) or a successor federal statute addressing special

education services for a child with a disability.

(c) The grievance procedure adopted under Subsection (a)

must provide for:

(1) a grievance to be considered timely filed

regardless of when the conduct giving rise to the grievance

occurred;

(2) a copy of each grievance filed with the school

district and any supporting documentation to be provided to the

district's board of trustees not later than the seventh business

day after the date on which the grievance is filed;

(3) the board of trustees of the school district to be

represented with respect to grievances by separate, independent

legal counsel from the district who is not recommended, directed,

or assigned by the district;

(4) not more than three levels of review as follows:

(A) a review by the principal of the district

campus at which the grievance was filed that includes:

(i) a conference with the principal and the

person who filed the grievance, recorded by the principal or the

principal's designee and provided to the person who filed the

grievance, held not later than:

(a) the seventh business day after the

date on which the grievance is filed; or

(b) if the grievance regards a safety

concern, the second business day after the date on which the

grievance is filed; and

(ii) a written decision by the principal

and, if applicable, relief not later than the seventh business day

after the date on which the conference was held under Subparagraph

(i);

(B) if the requested relief was not granted or if

the principal did not timely provide a written decision under

Paragraph (A)(ii), an automatic appeal to the superintendent of the

district at which the grievance was filed that includes:

(i) a conference with the superintendent

and the person who filed the grievance, recorded by the

superintendent or the superintendent's designee and provided to the

person who filed the grievance, held not later than the seventh

business day after the date on which the appeal was initiated; and

(ii) a written decision by the

superintendent and, if applicable, relief not later than the

seventh business day after the date on which the conference was held

under Subparagraph (i); and

(C) if the requested relief was not granted or if

the superintendent did not timely provide a written decision under

Paragraph (B)(ii), an automatic appeal to the board of trustees of

the district that includes:

(i) a hearing on the grievance at a meeting

of the board of trustees, which must be:

(a) an open meeting if requested by

the person who filed the grievance; and

(b) recorded by audio or video

recording or by court reporter by the board of trustees, separate

from any other recording the board of trustees is required to make

of the meeting;

(ii) written notice of the proposed date,

time, and location of the hearing described by Subparagraph (i)

provided to the person who filed the grievance not later than the

seventh day after the date on which the appeal was initiated;

(iii) the consent of the person who filed

the grievance to the date and time of the hearing described by

Subparagraph (i);

(iv) the provision of all material,

including any video footage, the district will use at the hearing to

the person who filed the grievance not later than the third business

day before the date on which the hearing is held, redacted only as

authorized by law; and

(v) a written decision by the board of

trustees and, if applicable, relief, which may not include remand

to the district, not later than the seventh business day after the

date on which the hearing is held;

(5) the person who filed the grievance to be notified

before the conference or hearing, as applicable, of:

(A) the school district's legal representation;

(B) each attorney employed by or under contract

with the school district who was involved in the matter giving rise

to the grievance before the grievance was filed and the nature of

the attorney's involvement; and

(C) the person responsible for investigating the

grievance at each level of review described by Subdivision (4);

(6) except as provided by Subsection (d), the addition

of evidence to the record throughout the grievance procedure,

regardless of when the evidence was discovered; and

(7) for a grievance alleging a violation of law or a

board of trustees policy, the grievance to proceed directly to the

level of review described by Subdivision (4)(C).

(d) The board of trustees of a school district may not use at

a hearing described by Subsection (c)(4)(C)(i) any material not in

the record developed at the level of review described by Subsection

(c)(4)(A) or (B).

(e) Notwithstanding any other provision of this section, a

person involved in the matter that gave rise to a grievance,

including school district staff or legal counsel, may not

participate in the grievance procedure adopted under Subsection (a)

for that grievance. In the event of a conflict of interest

described by this subsection for a person required to hear the

grievance under Subsection (c)(4):

(1) the district must select a person who does not have

a conflict of interest to hear the grievance at the applicable level

of review;

(2) the person who filed the grievance may contest the

person selected under Subdivision (1) if the person who filed the

grievance believes the selected person is conflicted as described

by this subsection or was not chosen in good faith; and

(3) if the district and the person who filed the

grievance cannot agree on a person to hear the grievance, the

grievance must be heard by the board of trustees of the district in

accordance with Subsection (c)(4)(C).

(f) A school district may not require a person who files a

grievance to submit a desired relief for the grievance. If desired

relief is submitted by the person, the district must allow the

person to amend the desired relief during the grievance procedure.

(g) A member of a school district board of trustees may file

a grievance with the district. The member may not vote on matters

related to that grievance.

(h) If, during the investigation of a grievance, a school

district discovers an unreported violation of a right guaranteed by

this chapter, of board of trustees policy, or of a provision of this

title, the district shall open a new investigation into the

unreported violation.

(i) A school district may not be represented by an attorney

at a conference or hearing held under Subsection (c)(4) unless the

person who filed the grievance is represented by an attorney at the

conference or hearing.

(k) Each absence of a student due to a safety concern during

the pendency of a grievance filed by or on behalf of the student

regarding that safety concern is counted as two absences for

purposes of calculating a school district's average daily

attendance.

(l) The superintendent of a school district is responsible

for ensuring that the grievance procedure adopted under Subsection

(a) is followed and may not delegate that responsibility to another

person. If the State Board for Educator Certification determines

that a superintendent has not ensured that the grievance procedure

is followed, the board may:

(1) issue an inscribed reprimand to be placed on the

superintendent's certification records for a period of at least

five years; or

(2) revoke the superintendent's certification.

(m) At the beginning of each school year, a school district

shall provide to each student and the parent of each student

enrolled in the district written notice regarding the district's

grievance procedure adopted under Subsection (a). The notice:

(1) may not be combined with any other notice or

information provided to the parent; and

(2) must include a detailed description of the

grievance procedure, including the levels of review, any time

limits provided, and the manner in which the person assigned to hear

a grievance is selected.

(n) A school district shall post in a prominent location on

the district's Internet website the grievance procedure adopted

under Subsection (a) and instructions regarding how to file a

grievance.

(o) A school district shall provide to each person who files

a grievance an optional survey on the person's experience with and

satisfaction with the results of the grievance procedure adopted

under Subsection (a).

(p) Each school district shall include the following

information in the district's Public Education Information

Management System (PEIMS) report:

(1) data relating to grievances filed with the

district during the preceding school year, disaggregated by the

level of review described by Subsection (c)(4), including:

(A) the number of grievances filed;

(B) the subject matter of each grievance;

(C) the number of grievances dismissed; and

(D) the number of grievances for which relief was

granted; and

(2) the results of the survey submitted under

Subsection (o).

(q) The commissioner may adopt rules as necessary to

implement this section.

SECTION 6. (a) This section takes effect only if H.B. 1025,

89th Legislature, Regular Session, 2025, becomes law.

(b) Section 26.011, Education Code, as amended by this Act,

is amended by adding Subsections (j) and (r) to read as follows:

(j) A school district may not retaliate against a student or

parent who files a grievance or a student on whose behalf a

grievance is filed. If the inspector general determines that a

district has retaliated against a student or parent in violation of

this subsection:

(1) the inspector general shall:

(A) investigate the grievance, if the grievance

has not yet been resolved;

(B) require the district to preserve all district

records until the audit described by Paragraph (C) is completed;

(C) not later than the 30th day after the date on

which the determination was made, conduct an audit of the district;

(D) if the inspector general determines that a

district educator has retaliated against a student or parent in

violation of this subsection, report the educator to the State

Board for Educator Certification for investigation; and

(E) report the determination to the commissioner

for purposes of Subdivision (2); and

(2) the commissioner may withhold approval for the

guarantee of the district's bonds by the permanent school fund

under Subchapter C, Chapter 45.

(r) In this section, "inspector general" means the

inspector general appointed under Subchapter E, Chapter 7.

SECTION 7. (a) This section takes effect only if H.B. 1025,

89th Legislature, Regular Session, 2025, does not become law.

(b) Section 26.011, Education Code, as amended by this Act,

is amended by adding Subsection (j) to read as follows:

(j) A school district may not retaliate against a student or

parent who files a grievance or a student on whose behalf a

grievance is filed. If the agency determines that a district has

retaliated against a student or parent in violation of this

subsection:

(1) the agency shall:

(A) investigate the grievance, if the grievance

has not yet been resolved;

(B) require the district to preserve all district

records until the audit described by Paragraph (C) is completed;

(C) not later than the 30th day after the date on

which the determination was made, conduct an audit of the district;

and

(D) if the agency determines that a district

educator has retaliated against a student or parent in violation of

this subsection, report the educator to the State Board for

Educator Certification for investigation; and

(2) the commissioner may withhold approval for the

guarantee of the district's bonds by the permanent school fund

under Subchapter C, Chapter 45.

SECTION 8. Section 25.087, Education Code, is amended by

adding Subsection (b-10) to read as follows:

(b-10) A school district shall excuse a student from

attending school for an absence due to a safety concern regarding

which a grievance filed by or on behalf of the student is pending

under Section 26.011. A student whose absence is excused under this

subsection may not be penalized for that absence and shall be

allowed a reasonable time to make up school work missed on those

days. If the student satisfactorily completes the school work, the

day of absence shall be counted as a day of compulsory attendance.

SECTION 9. This Act applies beginning with the 2025-2026

school year.

SECTION 10. Except as otherwise provided by this Act, 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.