TX
Texas House Bill HB1669

Texas 2017 - 85th Regular

Texas House Bill HB1669 Compare Versions

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1-85R9670 KKA-F
21 By: King of Uvalde H.B. No. 1669
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54 A BILL TO BE ENTITLED
65 AN ACT
7- relating to appeals and complaints arising from school laws brought
8- by parents and public school students; authorizing the award of
9- attorney's fees.
6+ relating to certain complaints concerning a student's
7+ participation in an extracurricular activity.
108 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11- SECTION 1. Section 7.057, Education Code, is amended by
12- adding Subsection (c-1) and amending Subsection (e) to read as
13- follows:
14- (c-1) Except as otherwise provided by this subsection, if
15- the commissioner determines that an appeal brought by a parent or
16- student against a school district is frivolous, as defined by
17- Section 11.1511(b-1), the commissioner may order the parent or
18- student to pay the district's reasonable attorney's fees. The
19- commissioner shall consider an appeal brought against a school
20- district by a parent or student relating to a matter excluded from
21- the applicability of this section by Subsection (e)(1) to be
22- frivolous and shall order the parent or student to pay the
23- district's reasonable attorney's fees.
24- (e) This section does not apply to:
25- (1) a complaint concerning a student's participation
26- in an extracurricular activity that does not involve a violation of
27- a right guaranteed by Chapter 26;
28- (2) a case to which Subchapter G, Chapter 21, applies;
29- or
30- (3) [(2)] a student disciplinary action under Chapter
31- 37.
32- SECTION 2. Section 11.1511, Education Code, is amended by
33- adding Subsection (b-1) to read as follows:
34- (b-1) Under the process required by Subsection (b)(13),
35- district administrators and the board of trustees are not required
36- to provide a hearing regarding a frivolous complaint. In this
37- subsection, "frivolous complaint" means a complaint brought by a
38- parent or student that is without merit and is brought with the
39- intent to harass, annoy, threaten, or vex the school district, a
40- member of the board of trustees of the school district, a school
41- district employee, or a parent of a student enrolled in the school
42- district.
43- SECTION 3. Section 26.011, Education Code, is amended to
9+ SECTION 1. Section 26.011, Education Code, is amended to
4410 read as follows:
4511 Sec. 26.011. COMPLAINTS. (a) The board of trustees of each
4612 school district shall adopt a grievance procedure under which the
4713 board shall address each complaint that the board receives
4814 concerning violation of a right guaranteed by this chapter.
4915 (b) The board of trustees of a school district is not
5016 required by Subsection (a) or Section 11.1511(b)(13) to address a
5117 complaint that the board receives concerning a student's
5218 participation in an extracurricular activity that does not involve
53- a violation of a right guaranteed by this chapter.
54- SECTION 4. This Act applies only to an appeal or complaint
55- brought on or after the effective date of this Act. An appeal or
56- complaint brought before the effective date of this Act is covered
57- by the law in effect on the date the appeal or complaint was
58- brought, and the former law is continued in effect for that purpose.
59- SECTION 5. This Act takes effect September 1, 2017.
19+ a violation of a right guaranteed by this chapter. This subsection
20+ does not affect a claim brought by a parent under the Individuals
21+ with Disabilities Education Act (20 U.S.C. Section 1400 et seq.) or
22+ a successor federal statute addressing special education services
23+ for a child with a disability.
24+ SECTION 2. This Act takes effect September 1, 2017.