85R9670 KKA-F
By: King of Uvalde H.B. No. 1669
A BILL TO BE ENTITLED
AN ACT
relating to appeals and complaints arising from school laws brought
by parents and public school students; authorizing the award of
attorney's fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 7.057, Education Code, is amended by
adding Subsection (c-1) and amending Subsection (e) to read as
follows:
(c-1) Except as otherwise provided by this subsection, if
the commissioner determines that an appeal brought by a parent or
student against a school district is frivolous, as defined by
Section 11.1511(b-1), the commissioner may order the parent or
student to pay the district's reasonable attorney's fees. The
commissioner shall consider an appeal brought against a school
district by a parent or student relating to a matter excluded from
the applicability of this section by Subsection (e)(1) to be
frivolous and shall order the parent or student to pay the
district's reasonable attorney's fees.
(e) This section does not apply to:
(1) a complaint concerning a student's participation
in an extracurricular activity that does not involve a violation of
a right guaranteed by Chapter 26;
(2) a case to which Subchapter G, Chapter 21, applies;
or
(3) [(2)] a student disciplinary action under Chapter
37.
SECTION 2. Section 11.1511, Education Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) Under the process required by Subsection (b)(13),
district administrators and the board of trustees are not required
to provide a hearing regarding a frivolous complaint. In this
subsection, "frivolous complaint" means a complaint brought by a
parent or student that is without merit and is brought with the
intent to harass, annoy, threaten, or vex the school district, a
member of the board of trustees of the school district, a school
district employee, or a parent of a student enrolled in the school
district.
SECTION 3. Section 26.011, Education Code, is amended to
read as follows:
Sec. 26.011. COMPLAINTS. (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.
(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.
SECTION 4. This Act applies only to an appeal or complaint
brought on or after the effective date of this Act. An appeal or
complaint brought before the effective date of this Act is covered
by the law in effect on the date the appeal or complaint was
brought, and the former law is continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2017.