one grievance process for every Texas public school

The text as introduced · 1,197 words

89R5535 BCH-D

By: Hughes
S.B. No. 812

A BILL TO BE ENTITLED

AN ACT

relating to the grievance procedure in public schools.

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

SECTION 1. Subchapter D, Chapter 11, Education Code, is

amended by adding Section 11.1517 to read as follows:

Sec. 11.1517. STANDARD GRIEVANCE PROCEDURE. (a) The

grievance procedure adopted under Section 11.1511(b)(13) must:

(1) provide for:

(A) a complaint to be filed in writing with the:

(i) principal of the campus at which a

student is enrolled or a school employee works;

(ii) principal of the campus closest to the

place of employment of a district employee who does not work at a

school; and

(iii) principal of the campus closest to

the home address of a member of the public;

(B) a determination to be issued by the principal

on the complaint not later than the 21st day after the date the

complaint is filed;

(C) if the principal does not grant the requested

relief, an appeal on written request to the school district

superintendent or the superintendent's designee that includes a

review of all documents considered by the principal;

(D) a determination to be issued by the

superintendent or the superintendent's designee not later than the

21st day after the date the appeal is filed;

(E) if the superintendent or the

superintendent's designee does not grant the requested relief, an

appeal on written request to the board of trustees of the district

that includes a review of all documents considered by the principal

and the superintendent or the superintendent's designee;

(F) a determination to be adopted by the board of

trustees of the district not later than the 60th day after the date

the appeal is filed; and

(G) if the board of trustees of the district does

not grant the requested relief, notice to the parent regarding the

parent's right to file an appeal with the commissioner under

Section 7.057; and

(2) be:

(A) posted in a prominent location on the

district's Internet website, along with instructions on how a

complaint may be filed; and

(B) provided to each district employee and to the

parent of each student enrolled in the district at the beginning of

each school year and on request.

(b) The agency shall:

(1) adopt a model grievance procedure for use by

school districts under this section; and

(2) post on the agency's Internet website a copy of the

model grievance policy and general guidelines regarding how a

complaint may be filed with a school district under this section or

appeal a district's decision under Section 7.057.

(c) A grievance procedure adopted under this section may not

require a complainant to file a complaint within a specified period

of time.

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

required to address a 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

section 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.

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 standard grievance procedure under

Section 11.1517 .

SECTION 3. Section 28.004(i-1), Education Code, is amended

to read as follows:

(i-1) A parent may use the grievance procedure adopted under

Section 11.1517 [ 26.011 ] concerning a complaint of a violation of

this section.

SECTION 4. Section 28.017(d), Education Code, is amended to

read as follows:

(d) If a school district does not comply with the

requirements of Subsection (c), a parent of a student enrolled in

the district may file a complaint in accordance with the district's

grievance procedure developed under Section 11.1517 [ 26.011 ].

SECTION 5. Section 28.0211(f-3), Education Code, is amended

to read as follows:

(f-3) The board of trustees of each school district shall

adopt a policy consistent with the grievance procedure adopted

under Section 11.1517 [ 26.011 ] to allow a parent to contest the

content or implementation of an accelerated education plan

developed under Subsection (f).

SECTION 6. Section 26.011, Education Code, is repealed.

SECTION 7. This Act applies beginning with the 2025-2026

school year.

SECTION 8. As soon as practicable and not later than

December 31, 2025, the commissioner of education shall adopt rules

regarding the grievance procedure in the public schools of this

state.

SECTION 9. 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.