Bill Text: TX HB89 | 2023 | 88th Legislature 3rd Special Session | Introduced


Bill Title: Relating to the establishment of an ombudsman for parents of children enrolled in public school.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-10-06 - Filed [HB89 Detail]

Download: Texas-2023-HB89-Introduced.html
 
 
  By: Patterson H.B. No. 89
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the establishment of an ombudsman for parents of
  children enrolled in public school.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle E, Title 2, Education Code, is amended
  by adding Chapter 26A to read as follows:
  CHAPTER 26A. OMBUDSMAN
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 26A.001.  DEFINITION. In this chapter, "ombudsman"
  means the individual who has been appointed as the ombudsman under
  this chapter.
  SUBCHAPTER B. APPOINTMENT AND ADMINISTRATION
         Sec. 26A.051.  APPOINTMENT OF OMBUDSMAN. (a) The State
  Board of Education shall appoint an ombudsman for parents of
  children enrolled in public school to serve at the will of the
  board.
         (b)  To be eligible for appointment as ombudsman, a person:
               (1)  must be:
                     (A)  a resident of this state; and
                     (B)  a parent of a child enrolled in a school
  district or open-enrollment charter school; and
               (2)  may not be a current or former elected official.
         (c)  The ombudsman is administratively attached to the
  agency.
         (d)  From money appropriated for the purpose, the ombudsman
  may employ staff to assist the ombudsman in performing the
  ombudsman's duties under this chapter.
         Sec. 26A.052.  COMMUNICATION AND CONFIDENTIALITY. (a) A
  person may communicate with the ombudsman regarding a complaint by
  telephone, mail, e-mail, or any other means the ombudsman
  determines to be feasible, secure, and generally accessible.
         (b)  Information received by the ombudsman regarding a
  complaint is confidential and not subject to disclosure under
  Chapter 552, Government Code. The ombudsman shall maintain the
  information in a manner that preserves the information's
  confidentiality.
         (c)  The disclosure of confidential information to the
  ombudsman under this chapter does not constitute a waiver of
  confidentiality. Any information disclosed to the ombudsman under
  this chapter remains confidential and privileged following
  disclosure.
         (d)  This section does not prohibit the ombudsman from
  communicating with the agency, the State Board of Education, or a
  school district or open-enrollment charter school regarding
  confidential information disclosed to the ombudsman by the agency,
  board, district, or school.
         Sec. 26A.053.  PUBLIC OUTREACH. The ombudsman shall
  collaborate with the agency to develop and implement an annual
  outreach plan to promote awareness of the ombudsman among parents
  of children enrolled in a school district or open-enrollment
  charter school.
  SUBCHAPTER C. DUTIES AND POWERS
         Sec. 26A.101.  DUTIES AND POWERS OF OMBUDSMAN. (a) The
  ombudsman serves as a neutral party in assisting parents of
  children enrolled in a school district or open-enrollment charter
  school with complaints regarding issues involving the agency, the
  State Board of Education, or a school district or open-enrollment
  charter school.
         (b)  The ombudsman shall develop and implement statewide
  procedures to:
               (1)  receive complaints from parents of children
  enrolled in a school district or open-enrollment charter school
  regarding unethical conduct or a violation of state or federal law
  relating to public education or agency procedure or policy by:
                     (A)  the agency, the State Board of Education, or
  a school district or open-enrollment charter school; or
                     (B)  an employee of the agency, the State Board of
  Education, or a school district or open-enrollment charter school;
               (2)  review complaints filed with the ombudsman and
  take appropriate action, including:
                     (A)  conducting an investigation; and
                     (B)  referring to the agency for resolution any
  trends or systemic issues identified in complaints;
               (3)  provide any necessary assistance to parents of
  children enrolled in a school district or open-enrollment charter
  school in making complaints or reporting allegations of behavior
  described by Subdivision (1); and
               (4)  ensure a parent of a child enrolled in a school
  district or open-enrollment charter school who filed a complaint
  receives a report on the results of any investigations conducted or
  final determinations made regarding the complaint.
         Sec. 26A.102.  INVESTIGATION OF UNREPORTED VIOLATIONS. If,
  during the investigation of a complaint, the ombudsman discovers
  unreported unethical conduct or violations described by Section
  26A.101(b)(1), the ombudsman shall open a new investigation for
  each unreported occurrence of unethical conduct or violation.
         Sec. 26A.103.  RETALIATION PROHIBITED. (a) The agency, a
  school district, or an open-enrollment charter school may not
  retaliate against:
               (1)  a parent of a child enrolled in a school district
  or open-enrollment charter school who in good faith makes a
  complaint to the ombudsman; or
               (2)  any person, including an employee of the agency,
  State Board of Education, district, or school, who in good faith
  cooperates with the ombudsman in an investigation.
         (b)  The ombudsman shall collaborate with the agency to
  establish consequences for a retaliatory action taken in violation
  of this section.
         Sec. 26A.104.  ACCESS TO INFORMATION. The agency shall
  provide the ombudsman access to the agency's records relating to a
  complaint filed with the ombudsman under this chapter.
         Sec. 26A.105.  REPORTS. (a) The ombudsman shall issue and
  file with the agency a report that contains the ombudsman's final
  determinations regarding a complaint and any recommended
  corrective actions to be taken as a result of the complaint.
         (b)  Notwithstanding Section 26A.052, the ombudsman may make
  a report relating to an investigation of a complaint public after
  the complaint is resolved. A report made public under this
  subsection may not include information that identifies any person
  involved in the complaint, including the complainant, a child's
  parent, or an employee of the agency, the State Board of Education,
  a school district, or an open-enrollment charter school.
         (c)  Not later than December 1 of each year, the ombudsman
  shall prepare and submit to the agency and the State Board of
  Education a report on the ombudsman's work during the preceding
  year. The report must include:
               (1)  a description of the ombudsman's work;
               (2)  any change made by the agency in response to a
  substantiated complaint;
               (3)  a description of any trends in the nature of
  complaints received by the ombudsman, any recommendations related
  to addressing those trends, and an evaluation of the feasibility of
  the ombudsman's recommendations;
               (4)  a glossary of terms used in the report;
               (5)  a description of the methods used to promote
  awareness of the ombudsman under Section 26A.053 and the
  ombudsman's outreach plan for the next year; and
               (6)  any public feedback received by the ombudsman
  relating to the ombudsman's previous reports under this subsection.
         (d)  On receipt of the report required under Subsection (c),
  the agency shall make the report publicly available on the agency's
  Internet website.
         SECTION 2.  As soon as practicable after the effective date
  of this Act, the State Board of Education shall appoint an ombudsman
  under Chapter 26A, Education Code, as added by this Act.
         SECTION 3.  This Act takes effect on the 91st day after the
  last day of the legislative session.
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