Bill Text: TX SB2114 | 2023-2024 | 88th Legislature | Introduced

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Bill Title: Relating to the establishment of the office of independent ombudsman for the Texas Education Agency.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-03-21 - Referred to Education [SB2114 Detail]

Download: Texas-2023-SB2114-Introduced.html

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88R10220 BDP-F
By: Paxton S.B. No. 2114

A BILL TO BE ENTITLED
AN ACT
relating to the establishment of the office of independent
ombudsman for the Texas Education Agency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 7.057(e), Education Code, is amended to
read as follows:
(e) This section does not apply to:
(1) a case to which Subchapter G, Chapter 21, applies;
(2) a complaint authorized to be filed with the
independent ombudsman under Chapter 26A; or
(3) [(2)] a student disciplinary action under Chapter
37.
SECTION 2. Section 26.002, Education Code, is amended to
read as follows:
Sec. 26.002. DEFINITION. In this chapter, "parent" means a
person who is a natural or adoptive parent, managing or possessory
conservator, legal guardian, custodian, or other person with legal
authority to act on behalf of a child [includes a person standing in
parental relation]. The term does not include a person as to whom
the parent-child relationship has been terminated or a person not
entitled to possession of or access to a child under a court order.
Except as provided by federal law, all rights of a parent under
Title 2 of this code and all educational rights under Section
151.001(a)(10), Family Code, shall be exercised by a student who is
18 years of age or older or whose disabilities of minority have been
removed for general purposes under Chapter 31, Family Code, unless
the student has been determined to be incompetent or the student's
rights have been otherwise restricted by a court order.
SECTION 3. Section 26.011, Education Code, is amended to
read as follows:
Sec. 26.011. COMPLAINTS. A [(a) The board of trustees of
each school district shall adopt a grievance procedure under which
the board shall address each] complaint [that the board receives]
concerning violation of a right guaranteed by this chapter must be
filed with the independent ombudsman under Chapter 26A.
[(b) The board of trustees of a school district is not
required by Subsection (a) or Section 11.1511(b)(13) 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 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.]
SECTION 4. Subtitle E, Title 2, Education Code, is amended
by adding Chapter 26A to read as follows:
CHAPTER 26A. INDEPENDENT OMBUDSMAN
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 26A.001. DEFINITIONS. In this chapter:
(1) "Independent ombudsman" means the individual who
has been appointed under this chapter to the office of independent
ombudsman.
(2) "Office" means the office of independent ombudsman
established under this chapter.
(3) "Parent" has the meaning assigned by Section
26.002.
Sec. 26A.002. ESTABLISHMENT; PURPOSE. The office of
independent ombudsman is established for the purpose of securing
the rights of parents guaranteed by Chapter 26.
Sec. 26A.003. ADMINISTRATIVE ATTACHMENT; SUPPORT; BUDGET.
(a) The office is administratively attached to the agency and may
collaborate with the agency for the purpose of sharing subject
matter expertise.
(b) The agency shall provide administrative support and
resources, including administrative personnel, to the office as
necessary for the office to perform its duties.
(c) The office, in accordance with the rules and procedures
of the Legislative Budget Board, shall prepare, approve, and submit
a legislative appropriations request that is separate from the
legislative appropriations request for the agency and is used to
develop the office's budget structure. The office shall maintain
the legislative appropriations request and budget structure
separately from those of the agency.
Sec. 26A.004. INDEPENDENCE. The independent ombudsman in
the performance of its duties and powers under this chapter acts
independently of the agency.
SUBCHAPTER B. APPOINTMENT AND MANAGEMENT OF OFFICE
Sec. 26A.051. APPOINTMENT OF INDEPENDENT OMBUDSMAN. (a)
The governor shall appoint the independent ombudsman for a term of
two years, expiring February 1 of odd-numbered years.
(b) A person appointed as independent ombudsman is eligible
for reappointment.
Sec. 26A.052. ASSISTANTS. The independent ombudsman may
hire assistants to perform, under the direction of the independent
ombudsman, the same duties and exercise the same powers as the
independent ombudsman.
Sec. 26A.053. CONFLICT OF INTEREST. (a) A person may not
serve as independent ombudsman or as an assistant to the
independent ombudsman if the person or the person's spouse:
(1) is employed by or participates in the management
of a business entity or other organization receiving funds from the
agency or a school district;
(2) owns or controls, directly or indirectly, any
interest in a business entity or other organization receiving funds
from the agency or a school district; or
(3) uses or receives any amount of tangible goods,
services, or funds from a school district.
(b) A person may not serve as independent ombudsman or as an
assistant to the independent ombudsman if the person or the
person's spouse is required to register as a lobbyist under Chapter
305, Government Code, because of the person's activities for
compensation on behalf of a profession related to the operation of
the agency or a school district.
(c) A person may not serve as independent ombudsman or as an
assistant to the independent ombudsman if the person or the
person's spouse is an officer, employee, manager, or paid
consultant of a school district.
Sec. 26A.054. COMPLAINTS. (a) The office shall maintain a
system to promptly and efficiently act on complaints filed with the
office that relate to the operations or staff of the office. The
office shall maintain information about parties to the complaint,
the subject matter of the complaint, a summary of the results of the
review or investigation of the complaint, and the disposition of
the complaint.
(b) The office shall make information available describing
its procedures for complaint investigation and resolution.
(c) The office shall periodically notify the complaint
parties of the status of the complaint until final disposition.
Sec. 26A.055. REPORT. (a) The independent ombudsman shall
submit on a quarterly basis to the commissioner, the governor, the
lieutenant governor, the state auditor, and each member of the
legislature a report that describes:
(1) the work of the independent ombudsman;
(2) the results of any review or investigation
undertaken by the independent ombudsman; and
(3) any recommendations that the independent
ombudsman has in relation to the duties of the independent
ombudsman.
(b) The independent ombudsman shall immediately report to
the commissioner, the governor, the lieutenant governor, the
speaker of the house of representatives, and the state auditor any
particularly serious or flagrant:
(1) violation of parental rights under Chapter 26; or
(2) interference by the agency with an investigation
conducted by the office.
Sec. 26A.056. REVIEW AND FORMAT OF REPORTS. (a) The office
shall accept, both before and after publication, comments from the
commissioner concerning the following types of reports published by
the office under this chapter:
(1) the office's quarterly report under Section
26A.055(a);
(2) reports concerning serious or flagrant
circumstances under Section 26A.055(b); and
(3) any other formal reports containing findings and
making recommendations concerning systemic issues that affect the
agency.
(b) The commissioner may not submit comments under
Subsection (a) after the 30th day after the date the report on which
the commissioner is commenting is published.
(c) The office shall ensure that reports described by
Subsection (a) are in a format to which the commissioner can easily
respond.
(d) After receipt of comments under this section, the office
is not obligated to change any report or change the manner in which
the office performs the duties of the office.
Sec. 26A.057. RULEMAKING AUTHORITY. (a) The office by rule
shall establish policies and procedures for the operations of the
office.
(b) The office and the commissioner shall adopt rules
necessary to implement Section 26A.056 including rules that
establish procedures for the agency to review and comment on
reports of the office and for the agency to expedite or eliminate
review of and comment on a report due to an emergency or a serious or
flagrant circumstance described by Section 26A.055(b).
Sec. 26A.058. CONFIDENTIALITY. (a) The records of the
independent ombudsman are confidential.
(b) The independent ombudsman may make reports relating to
an investigation public after the investigation is complete but
only if the names of all children, parents, and employees are
redacted from the report and remain confidential.
(c) During the pendency of an investigation under this
chapter, the office is not required to disclose the identity of any
witness.
(d) Unless otherwise provided by law, all evidence
collected by the office in connection with an investigation,
including witness statements and videos of interviews, are
confidential and not subject to disclosure under Chapter 552,
Government Code, except that evidence described by this section may
be disclosed:
(1) to a person with a legitimate interest in the
investigation; or
(2) in connection with an administrative or other
legal proceeding brought under this title.
Sec. 26A.059. SUNSET PROVISION. The office is subject to
review under Chapter 325, Government Code (Texas Sunset Act), but
is not abolished under that chapter. The office shall be reviewed
during the periods in which the agency or its successor agency is
reviewed.
Sec. 26A.060. AUTHORITY OF STATE AUDITOR. The office is
subject to audit by the state auditor in accordance with Chapter
321, Government Code.
Sec. 26A.061. PROMOTION OF AWARENESS OF OFFICE. The
independent ombudsman shall promote awareness among the public and
parents of children enrolled in a school district regarding:
(1) how the office may be contacted;
(2) the purpose of the office; and
(3) the services the office provides.
SUBCHAPTER C. DUTIES AND POWERS
Sec. 26A.101. DUTIES AND POWERS. (a) The independent
ombudsman shall:
(1) review and, if necessary, investigate:
(A) complaints alleging a violation of parental
rights under Chapter 26; and
(B) any other complaints authorized under other
law to be filed with the independent ombudsman; and
(2) for any complaint received other than a complaint
described by Subdivision (1), refer the complainant to the
appropriate entity.
(b) To assess if a parent's rights under Chapter 26 have
been violated, the independent ombudsman, in the course of its
investigation or to secure information, may contact or consult
with:
(1) the board of trustees, an administrator, or an
employee of a school district;
(2) a child;
(3) a parent;
(4) an expert; or
(5) any other individual.
Sec. 26A.102. HEARING FOLLOWING DISPOSITION OF COMPLAINT.
(a) Not later than the 15th day after the date on which the
independent ombudsman finally disposes of a complaint alleging a
violation of parental rights under Chapter 26, the school district
or the person who filed the complaint may request a hearing if the
district or person disagrees with the disposition of the complaint.
(b) If a hearing is requested under Subsection (a), the
hearing shall be conducted by the State Office of Administrative
Hearings.
(c) A hearing conducted under this section is a contested
case under Chapter 2001, Government Code.
(d) The administrative law judge who conducts a hearing
under this section shall enter the final decision on the complaint
after completion of the hearing.
Sec. 26A.103. SCHOOL DISTRICT ACTION FOLLOWING DISPOSITION
OF COMPLAINT. Following the independent ombudsman's final
disposition of a complaint alleging a violation of parental rights
under Chapter 26, the school district against which the complaint
was filed shall take any action:
(1) if the district did not request a hearing under
Section 26A.102, required by the independent ombudsman in relation
to the complaint; or
(2) if the district requested a hearing under Section
26A.102, necessary to comply with the administrative law judge's
final decision on the complaint.
Sec. 26A.104. TREATMENT OF EMPLOYEES WHO COOPERATE WITH
INDEPENDENT OMBUDSMAN. The agency or a school district may not
discriminate or retaliate against an employee who in good faith
cooperates with the office in an investigation.
Sec. 26A.105. TRAINING. The independent ombudsman may
participate in any appropriate professional training.
SUBCHAPTER D. ACCESS TO INFORMATION
Sec. 26A.151. ACCESS TO INFORMATION OF GOVERNMENTAL
ENTITIES. (a) The independent ombudsman has access to the agency's
records relating to a parent, a child, or a complaint filed with the
independent ombudsman under this chapter.
(b) A school district shall allow the independent ombudsman
access to the district's records relating to a complaint with the
independent ombudsman under this chapter.
Sec. 26A.152. ACCESS TO INFORMATION OF PRIVATE ENTITIES. A
private entity that possesses records relating to a complaint filed
with the independent ombudsman under this chapter shall provide
access to those records to the independent ombudsman.
SECTION 5. Section 28.004(i-1), Education Code, is amended
to read as follows:
(i-1) A parent may file [use the grievance procedure adopted
under Section 26.011 concerning] a complaint concerning [of] a
violation of this section with the independent ombudsman under
Chapter 26A.
SECTION 6. 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 with the independent ombudsman
[in accordance with the district's grievance procedure developed]
under Chapter 26A [Section 26.011].
SECTION 7. Section 28.0211(f-3), Education Code, is amended
to read as follows:
(f-3) A [The board of trustees of each school district shall
adopt a policy consistent with the grievance procedure adopted
under Section 26.011 to allow a] parent may file a complaint with
the independent ombudsman under Chapter 26A to contest the content
or implementation of an educational plan developed under Subsection
(f).
SECTION 8. As soon as practicable after the effective date
of this Act, the governor shall appoint an initial independent
ombudsman under Chapter 26A, Education Code, as added by this Act,
to a term expiring February 1, 2025.
SECTION 9. The changes in law made by this Act apply only to
a complaint filed with a school district or an appeal filed with the
commissioner of education on or after January 1, 2024. A complaint
or appeal filed before January 1, 2024, is governed by the law in
effect on the date the complaint or appeal was filed, and the former
law is continued in effect for that purpose.
SECTION 10. This Act takes effect September 1, 2023.