By: Bell of Kaufman, Buckley, H.B. No. 3315
Harris of Anderson, Hefner, Dutton,
A BILL TO BE ENTITLED
AN ACT
relating to a school district's grievance procedure regarding
complaints concerning violation of parental rights.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 26.011, Education Code, is amended by
adding Subsections (c), (d), and (e) to read as follows:
(c) The grievance procedure adopted under Subsection (a)
must:
(1) provide for:
(A) a parent's complaint to be:
(i) filed in writing with the principal of
the campus at which the parent's student is enrolled; and
(ii) considered timely regardless of when
the conduct giving rise to the complaint occurred if the complaint
alleges a violation of law or board policy that is continuous or
ongoing;
(B) if the principal does not grant the requested
relief, an appeal on written request to the district superintendent
or the superintendent's designee that includes a review of all
documents considered by the principal;
(C) 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:
(i) includes a review of all documents
considered by the principal and the superintendent or the
superintendent's designee;
(ii) unless otherwise agreed to by the
parties, must be finally decided not later than 120 calendar days
after the date on which the request for the appeal was submitted;
and
(iii) if a final decision is not rendered
before the date described by Subparagraph (ii), requires the board
to immediately render a final decision on the complaint in favor of
the parent; and
(D) 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; and
(2) be:
(A) posted in a prominent location on the
district's Internet website, along with instructions on how a
parent may file a complaint; and
(B) provided in English and Spanish to the parent
of each student enrolled in the district at the beginning of each
school year and on request.
(d) 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 procedure and general guidelines regarding how a
parent may file a complaint with a school district under this
section or appeal a district's decision to the commissioner under
Section 7.057.
(e) If, during the investigation of a grievance, the board
of trustees of a school district discovers an unreported violation
of a right guaranteed by this chapter or board policy concerning
those rights, the board of trustees shall open a new investigation
into the unreported violation.
SECTION 2. This Act applies beginning with the 2023-2024
school year.
SECTION 3. 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.