bill rewrites school grievance procedures

The text as introduced · 1,178 words

89R16127 KJE-D

By: Dutton
H.B. No. 5498

A BILL TO BE ENTITLED

AN ACT

relating to a public school's grievance procedure.

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

SECTION 1. Section 26.011, Education Code, is amended to

read as follows:

Sec. 26.011. GRIEVANCES [ 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 violation of a right guaranteed by

this chapter.

(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. 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:

(1) require the school district to provide to a person

who files a grievance not later than the fifth business day after

the date on which the grievance is filed written notice of rights

and procedures for the grievance procedure that includes:

(A) clear instructions regarding how to:

(i) pursue a grievance with the principal

of the campus at which the grievance arose; and

(ii) file an appeal at each level of the

grievance procedure, including to the superintendent and the board

of trustees of the district and to the commissioner under Section

7.057; and

(B) contact information for each relevant

district employee or other person involved in the grievance

procedure;

(2) establish uniform timelines by which the school

district must respond to a grievance at each level of the grievance

procedure;

(3) provide that if the school district fails to

comply with the uniform timelines established under Subdivision

(2), the person who filed the grievance may automatically appeal to

the next level of the grievance procedure;

(4) provide that a school district employee's

disclosure of confidential student information in violation of

state or federal law, including the Family Educational Rights and

Privacy Act of 1974 (20 U.S.C. Section 1232g), is grounds for

disciplinary action against the employee;

(5) require mandatory training for school district

employees on the proper handling of confidential student

information in accordance with state and federal law, including the

Family Educational Rights and Privacy Act of 1974 (20 U.S.C.

Section 1232g); and

(6) require the school district to:

(A) maintain the record for the grievance at each

level of the grievance procedure, including any notices sent to the

person who filed the grievance and any official decisions or

actions taken; and

(B) provide secure and timely access to the

record for the grievance to the person who filed the grievance.

(d) The agency shall develop a model form of a notice of

rights and procedures for use under Subsection (c)(1).

(e) If a grievance is appealed to the commissioner under

Section 7.057, the agency may:

(1) investigate an alleged violation of state or

federal law regarding the confidentiality of student information,

including the Family Educational Rights and Privacy Act of 1974 (20

U.S.C. Section 1232g), relating to the grievance;

(2) collaborate with relevant federal agencies in an

investigation described by Subdivision (1); and

(3) take any action necessary to compel the school

district, the board of trustees of the district, or a district

employee to comply with law described by Subdivision (1).

(f) Each school district shall annually submit to the agency

a report on grievances filed in the district during the preceding

year. The report must include for each grievance the resolution of

the grievance and any corrective action taken.

(g) Not later than December 1 of each year, the agency shall

post on the agency's Internet website a report on grievances filed

in school districts during the preceding year. The report must

aggregate the data statewide and state:

(1) the number of grievances filed;

(2) the number of grievances resolved and the

resolution of those grievances; and

(3) any corrective actions taken.

SECTION 2. Section 12.104(b), Education Code, is amended to

read as follows:

(b) An open-enrollment charter school is subject to:

(1) a provision of this title establishing a criminal

offense;

(2) the provisions in Chapter 554, Government Code;

and

(3) a prohibition, restriction, or requirement, as

applicable, imposed by this title or a rule adopted under this

title, relating to:

(A) the Public Education Information Management

System (PEIMS) to the extent necessary to monitor compliance with

this subchapter as determined by the commissioner;

(B) criminal history records under Subchapter C,

Chapter 22;

(C) reading instruments and accelerated reading

instruction programs under Section 28.006;

(D) accelerated instruction under Section

28.0211;

(E) high school graduation requirements under

Section 28.025;

(F) special education programs under Subchapter

A, Chapter 29;

(G) bilingual education under Subchapter B,

Chapter 29;

(H) prekindergarten programs under Subchapter E

or E-1, Chapter 29, except class size limits for prekindergarten

classes imposed under Section 25.112, which do not apply;

(I) extracurricular activities under Section

33.081;

(J) discipline management practices or behavior

management techniques under Section 37.0021;

(K) health and safety under Chapter 38;

(L) the provisions of Subchapter A, Chapter 39;

(M) public school accountability and special

investigations under Subchapters A, B, C, D, F, G, and J, Chapter

39, and Chapter 39A;

(N) the requirement under Section 21.006 to

report an educator's misconduct;

(O) intensive programs of instruction under

Section 28.0213;

(P) the right of a school employee to report a

crime, as provided by Section 37.148;

(Q) bullying prevention policies and procedures

under Section 37.0832;

(R) the right of a school under Section 37.0052

to place a student who has engaged in certain bullying behavior in a

disciplinary alternative education program or to expel the student;

(S) the right under Section 37.0151 to report to

local law enforcement certain conduct constituting assault or

harassment;

(T) a parent's right to information regarding the

provision of assistance for learning difficulties to the parent's

child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);

(U) establishment of residency under Section

25.001;

(V) school safety requirements under Sections

37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085,

37.1086, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, and

37.2071 and Subchapter J, Chapter 37;

(W) the early childhood literacy and mathematics

proficiency plans under Section 11.185;

(X) the college, career, and military readiness

plans under Section 11.186; [ and ]

(Y) parental options to retain a student under

Section 28.02124 ; and

(Z) the grievance procedure under Section

26.011 .

SECTION 3. This Act applies beginning with the 2025-2026

school year.

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.