Bill Text: TX SB1880 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the grievance procedure in public schools.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-20 - Referred to Education [SB1880 Detail]
Download: Texas-2023-SB1880-Introduced.html
By: Hughes | S.B. No. 1880 | |
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relating to the grievance procedure in public schools. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 7.057, Education Code, is amended by | ||
amending Subsection (a) and adding Subsection (g) to read as | ||
follows: | ||
(a) Except as provided by Subsection (e) and as an | ||
alternative to an appeal under Subchapter I, Chapter 11, 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 that violate: | ||
(A) the school laws of this state; or | ||
(B) a provision of a written employment contract | ||
between the school district and a school district employee, if a | ||
violation causes or would cause monetary harm to the employee. | ||
(g) A person who appeals under this section may not appeal | ||
under Subchapter I, Chapter 11. | ||
SECTION 2. 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 or with the district's parent review committee under | ||
Subchapter I; 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 or Subchapter I. | ||
(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 3. Chapter 11, Education Code, is amended by adding | ||
Subchapter I to read as follows: | ||
SUBCHAPTER I. PARENT REVIEW COMMITTEE | ||
Sec. 11.401. DEFINITIONS. In this subchapter: | ||
(1) "Board" means the board of trustees of an | ||
independent school district. | ||
(2) "Parent review committee" means a committee | ||
established under this subchapter. | ||
(3) "Record" includes, at a minimum, an audible | ||
electronic recording or written transcript of all oral testimony or | ||
argument. | ||
(4) "School laws of this state" means Title 1 and this | ||
title and rules adopted under that or this title. | ||
Sec. 11.402. ESTABLISHMENT. (a) Each trustee of the board | ||
shall appoint one member to a parent review committee. Except as | ||
otherwise provided by Section 11.405, a member of the committee | ||
continues to serve on the committee during the term of office of | ||
the board trustee who appointed the member. | ||
(b) The committee exercises jurisdiction only within the | ||
school district. | ||
Sec. 11.403. COMPOSITION. (a) A member of a parent review | ||
committee must be a parent or guardian of a school district | ||
student. | ||
(b) The number of members of the committee is equal to the | ||
number of members of the board. | ||
Sec. 11.404. OFFICERS. A parent review committee shall | ||
elect from among its members by a majority vote the chair of the | ||
committee. The chair serves a term of one year. | ||
Sec. 11.405. GROUNDS FOR REMOVAL OF COMMITTEE MEMBER. (a) | ||
A member of the parent review committee may be removed if the | ||
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 committee meetings that the member is eligible to | ||
attend during a calendar year, unless the absence is excused | ||
by majority vote of the committee; | ||
(4) does not have at the time of appointment the | ||
qualifications required by Section 11.403(a); or | ||
(5) does not maintain during service on the committee | ||
the qualifications required by Section 11.403(a). | ||
(b) A member of a parent review committee may be removed by a | ||
majority vote of the school district board of trustees for a ground | ||
provided by this section. | ||
(c) The validity of an action of a parent review committee is | ||
not affected by the fact that it was taken when a ground for removal | ||
of a committee member existed. | ||
Sec. 11.406. COMPENSATION AND REIMBURSEMENT. A parent | ||
review committee is not entitled to compensation from the school | ||
district but is entitled to reimbursement with district funds for | ||
necessary expenses incurred in performing duties as a committee | ||
member. | ||
Sec. 11.407. PARENT REVIEW COMMITTEE APPEAL. (a) Except as | ||
provided by Subsection (f) and as an alternative to an appeal under | ||
Section 7.057, a person may appeal in writing to a parent review | ||
committee if the person is aggrieved by: | ||
(1) the school laws of this state; or | ||
(2) actions or decisions of the board that violate: | ||
(A) the school laws of this state; or | ||
(B) a provision of a written employment contract | ||
between the school district and a school district employee, if a | ||
violation causes or would cause monetary harm to the employee. | ||
(b) A person is not required to appeal to the committee | ||
before pursuing a remedy under a law outside of Title 1 or this | ||
title to which Title 1 or this title makes reference or with which | ||
Title 1 or this title requires compliance. | ||
(c) Except as provided by Subsection (d), the committee | ||
after due notice to the parties interested shall, not later than the | ||
90th day after the date an appeal under Subsection (a) is filed, | ||
hold a hearing and issue a decision without cost to the parties | ||
involved. In conducting a hearing under this subsection, the | ||
committee has the same authority relating to discovery and conduct | ||
of a hearing as a hearing examiner has under Subchapter F, Chapter | ||
21. This section does not deprive any party of any legal remedy. | ||
(d) In an appeal against a school district, the committee | ||
shall, not later than the 120th day after the date the appeal is | ||
filed, issue a decision based on a review of the record developed at | ||
the district level under a substantial evidence standard of review. | ||
The parties to the appeal may agree in writing to extend, by not | ||
more than 60 days, the date by which the committee must issue a | ||
decision under this subsection. A school district's disclosure of | ||
the record to the committee under this subsection is not an offense | ||
under Section 551.146, Government Code. | ||
(e) A decision of the committee: | ||
(1) must be adopted by majority vote; and | ||
(2) is binding on the school district. | ||
(f) A person aggrieved by a committee decision may appeal to | ||
a district court with jurisdiction over the county in which the | ||
school district is located. An appeal must be made by serving the | ||
committee'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 | ||
Subsection (g). | ||
(g) An appeal to the committee is not a contested case under | ||
Chapter 2001, Government Code, if the issues presented relate to a | ||
student's eligibility to participate in extracurricular | ||
activities, including issues related to the student's grades, the | ||
school district's grading policy as applied to the student's | ||
eligibility, or the student's eligibility based on conduct | ||
described by Section 33.081(e-1). The decision of the committee in | ||
a matter governed by this subsection may not be appealed except on | ||
the grounds that the decision is arbitrary or capricious. Evidence | ||
may not be introduced on appeal other than the record of the | ||
evidence before the commissioner. | ||
(h) This subchapter does not apply to: | ||
(1) a case to which Subchapter G, Chapter 21, applies; | ||
or | ||
(2) a student disciplinary action under Chapter 37. | ||
(i) A person who appeals under this section may not appeal | ||
under Section 7.057. | ||
SECTION 4. Section 12.104(b), Education Code, as amended by | ||
Chapters 542 (S.B. 168), 887 (S.B. 1697), 915 (H.B. 3607), 974 (S.B. | ||
2081), and 1046 (S.B. 1365), Acts of the 87th Legislature, Regular | ||
Session, 2021, is reenacted and 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; | ||
(0) 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 | ||
37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.1141, 37.115, | ||
37.207, and 37.2071; | ||
(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; [ |
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(Y) [ |
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under Section 28.02124; | ||
(Z) the standard grievance procedure under | ||
Section 11.1517; and | ||
(AA) parent review committees under Subchapter I, | ||
Chapter 11. | ||
SECTION 5. 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 [ |
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this section. | ||
SECTION 6. Section 28.017, Education Code, as added by | ||
Chapter 762 (S.B. 2039), Acts of the 85th Legislature, Regular | ||
Session, 2017, is reenacted and amended to read as follows: | ||
Sec. 28.017. INSTRUCTION ON PREVENTION OF SEXUAL ABUSE AND | ||
SEX TRAFFICKING. (a) The commissioner, in cooperation with the | ||
human trafficking prevention task force created under Section | ||
402.035, Government Code, and any other persons the commissioner | ||
considers appropriate, shall develop one or more sexual abuse and | ||
sex trafficking instructional modules that a school district may | ||
use in the district's health curriculum. The modules may include: | ||
(1) information on the different forms of sexual abuse | ||
and assault, sex trafficking, and risk factors for sex trafficking; | ||
(2) the procedures for reporting sexual abuse and sex | ||
trafficking or suspected sexual abuse or sex trafficking; | ||
(3) strategies for sexual abuse and assault prevention | ||
and overcoming peer pressure; | ||
(4) information on establishing healthy boundaries for | ||
relationships, recognizing potentially abusive or harmful | ||
relationships, and avoiding high-risk activities; | ||
(5) the recruiting tactics of sex traffickers and peer | ||
recruiters, including recruitment through the Internet; | ||
(6) the legal aspects of sexual abuse and sex | ||
trafficking under state and federal law; and | ||
(7) the influence of culture and mass media on | ||
perceptions of sexual abuse and sex trafficking, including | ||
stereotypes and myths about victims and abusers, victim blaming, | ||
and the role of language. | ||
(b) The module or modules developed under Subsection (a) | ||
must emphasize compassion for victims of sexual abuse or sex | ||
trafficking and the creation of a positive reentry experience for | ||
survivors of sexual abuse or sex trafficking into schools. | ||
(c) Before the beginning of each school year, a school | ||
district that elects to use a module developed under Subsection (a) | ||
in the district's health curriculum shall provide written notice to | ||
the parent of each student enrolled in the district that includes | ||
the following: | ||
(1) a statement that the district will provide | ||
instruction relating to sexual abuse and sex trafficking awareness | ||
to students enrolled in the district; | ||
(2) a description of the material that will be used in | ||
providing instruction to students; and | ||
(3) a statement that the parent has the right to review | ||
the material and remove the parent's student from the instruction. | ||
(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 [ |
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SECTION 7. 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 [ |
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content or implementation of an educational plan developed under | ||
Subsection (f). | ||
SECTION 8. Section 26.011, Education Code, is repealed. | ||
SECTION 9. (a) Not later than January 1, 2024, each school | ||
district shall: | ||
(1) provide for the establishment and operation of a | ||
parent review committee, as required by Section 11.402, Education | ||
Code, as added by this Act; and | ||
(2) appoint the members of the committee, as required | ||
by Section 11.402, Education Code, as added by this Act. | ||
(b) A committee established under Subchapter I, Chapter 11, | ||
Education Code, as added by this Act, may not take action until a | ||
majority of the members of the committee have taken office. | ||
SECTION 10. Sections 1 and 3 of this Act apply only to an | ||
appeal brought on or after January 1, 2024. An appeal brought before | ||
that date 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 11. Section 2 of this Act applies beginning with the | ||
2023-2024 school year. | ||
SECTION 12. As soon as practicable and not later than | ||
December 31, 2023, the commissioner of education shall adopt rules | ||
regarding the grievance procedure in the public schools of this | ||
state. | ||
SECTION 13. 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, 2023. |