Texas 2023 88th Regular

Texas House Bill HB3315 House Committee Report / Bill

Filed 04/25/2023

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                    88R17178 KJE-D
 By: Bell of Kaufman, Buckley, H.B. No. 3315
 Harris of Anderson, Hefner, Dutton,
 et al.
 Substitute the following for H.B.


 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) and (d) 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 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.
 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.