Hughes Bill Lets Parents And Teachers Hear School Grievance Appeals

The text as introduced · 1,245 words

89R5534 BCH-D

By: Hughes
S.B. No. 813

A BILL TO BE ENTITLED

AN ACT

relating to the creation of grievance boards with concurrent

jurisdiction over certain appeals involving the administration of

public education.

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

SECTION 1. Chapter 8, Education Code, is amended by adding

Subchapter F to read as follows:

SUBCHAPTER F. GRIEVANCE BOARDS

Sec. 8.201. DEFINITION. In this subchapter, "grievance

board" means a grievance board established under this subchapter by

the executive director of a regional education service center.

Sec. 8.202. ESTABLISHMENT. The executive director of each

regional education service center shall establish and operate a

grievance board. A grievance board shall exercise jurisdiction

only within the regional boundaries of the center, as established

by the commissioner under Section 8.001(c).

Sec. 8.203. COMPOSITION. A grievance board is composed of

five members appointed by the executive director of each regional

education service center as follows:

(1) one member who is a school administrator employed

by a school district served by the center;

(2) two members who are classroom teachers employed by

a school district served by the center; and

(3) two members who are parents of students attending

public schools located in a school district served by the center.

Sec. 8.204. DUTIES AND POWERS. (a) A person may appeal in

writing to a grievance board established under this subchapter a

grievance over which the board has jurisdiction in the same manner

in which an appeal is made to the commissioner under Section 7.057,

as provided by Subsection (b).

(b) A grievance board has concurrent jurisdiction with the

commissioner regarding a grievance that may be appealed under

Section 7.057 if:

(1) the person aggrieved resides within the regional

boundaries of the regional education service center;

(2) the grievance involves:

(A) an action or decision of the board of

trustees of a school district served by the regional education

service center;

(B) the school laws of this state; or

(C) a provision of a written employment contract

between a school district served by the regional education service

center and a school district employee, if the violation causes or

would cause monetary harm to the employee; and

(3) the person aggrieved appeals to the grievance

board not later than the 60th day after the person exhausts the

person's options under the grievance procedure established by the

board of trustees of a school district under Section 26.011.

(c) Except as provided by Subsection (d) and subject to

Subsection (e), a grievance board shall hold a hearing and issue a

decision without cost to the parties involved not later than the

60th day after the date an appeal is filed with the grievance board.

(d) Subject to Subsection (e), in an appeal involving the

actions or decisions of the board of trustees of a school district,

a grievance board shall, not later than the 90th day after the date

the appeal is filed, hold a hearing and issue a decision based on a

review of the record developed at the district level under a

substantial evidence standard of review.

(e) The parties to an appeal to a grievance board may agree

in writing to extend, by not more than 30 days, the period for a

hearing and decision under Subsection (c) or (d), as applicable.

(f) A grievance board may issue a decision only by the

majority vote of its members.

(g) A person is not required to appeal to a grievance board

before:

(1) appealing to the commissioner under Section 7.057;

or

(2) pursuing a remedy under a law:

(A) outside of Title 1 or this title to which

Title 1 or this title makes reference; or

(B) with which Title 1 or this title requires

compliance.

(h) A person may file an appeal either with a grievance

board established under this subchapter or with the commissioner

under Section 7.057, but may not file an appeal with respect to the

same grievance with both a grievance board and the commissioner.

Sec. 8.205. HEARINGS. In conducting a hearing under this

subchapter, each member of a grievance board has the same authority

relating to discovery and conduct of a hearing as a hearing examiner

has under Subchapter F, Chapter 21.

Sec. 8.206. OFFICERS. A grievance board shall elect from

among its members by a majority vote the chair of the board. The

chair serves a term of one year.

Sec. 8.207. TERM OF OFFICE. The board members serve

staggered terms of two years, with the terms of two members expiring

on January 1 of each even-numbered year and the terms of three

members expiring on January 1 of each odd-numbered year.

Sec. 8.208. GROUNDS FOR REMOVAL OF BOARD MEMBER. (a) It is

a ground for removal from a grievance board that a member:

(1) commits malfeasance of office;

(2) cannot, because of illness or disability,

discharge the member's duties for a substantial part of the member's

term;

(3) is absent from more than half of the regularly

scheduled board meetings that the member is eligible to attend

during a calendar year, unless the absence is excused by majority

vote of the board;

(4) does not have at the time of appointment the

qualifications required by Section 8.203; or

(5) does not maintain during service on the board the

qualifications required by Section 8.203.

(b) The validity of an action of a grievance board is not

affected by the fact that it was taken when a ground for removal of a

board member existed.

Sec. 8.209. COMPENSATION AND REIMBURSEMENT. A member of a

grievance board is not entitled to compensation from the regional

educational service center but is entitled to reimbursement with

center funds for necessary expenses incurred in performing duties

as a board member.

Sec. 8.210. JUDICIAL REVIEW. (a) A person aggrieved by a

board's decision may appeal to a district court with jurisdiction

over the county in which the regional education service center that

established the grievance board is located.

(b) If the aggrieved party is a school district, the appeal

may be filed in a district court with jurisdiction over the county

in which the school district is located.

(c) An appeal under this section must be made by serving the

board's chair with citation issued and served in the manner

provided by law for civil suits. The petition must state the action

or decision from which the appeal is taken. At trial, the court

shall determine all issues of law and fact, except as provided by

Section 33.081(g).

SECTION 2. (a) Not later than January 1, 2026, each

executive director of a regional education service center shall:

(1) provide for the establishment and operation of a

grievance board, as required by Section 8.202, Education Code, as

added by this Act; and

(2) appoint the members of the center's grievance

board, as required by Section 8.203, Education Code, as added by

this Act.

(b) A grievance board established under Subchapter F,

Chapter 8, Education Code, as added by this Act, may not take action

until a majority of the members of the board have taken office.

SECTION 3. This Act applies only to an appeal brought on or

after the effective date of this Act. An appeal brought before the

effective date of this Act is covered by the law in effect on the

date the appeal was brought, and the former law is continued in

effect for that purpose.

SECTION 4. This Act takes effect September 1, 2025.