By: Patterson H.B. No. 1924
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 September 1, 2023.