Texas 2023 - 88th Regular

Texas House Bill HB3315 Compare Versions

Version 1 (Old)

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1	1	By: Bell of Kaufman, Buckley, H.B. No. 3315
2	2	Harris of Anderson, Hefner, Dutton,
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a school district's grievance procedure regarding
8	8	complaints concerning violation of parental rights.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 26.011, Education Code, is amended by
11	11	adding Subsections (c), (d), and (e) to read as follows:
12	12	(c) The grievance procedure adopted under Subsection (a)
13	13	must:
14	14	(1) provide for:
15	15	(A) a parent's complaint to be:
16	16	(i) filed in writing with the principal of
17	17	the campus at which the parent's student is enrolled; and
18	18	(ii) considered timely regardless of when
19	19	the conduct giving rise to the complaint occurred if the complaint
20	20	alleges a violation of law or board policy that is continuous or
21	21	ongoing;
22	22	(B) if the principal does not grant the requested
23	23	relief, an appeal on written request to the district superintendent
24	24	or the superintendent's designee that includes a review of all
25	25	documents considered by the principal;
26	26	(C) if the superintendent or the
27	27	superintendent's designee does not grant the requested relief, an
28	28	appeal on written request to the board of trustees of the district
29	29	that:
30	30	(i) includes a review of all documents
31	31	considered by the principal and the superintendent or the
32	32	superintendent's designee;
33	33	(ii) unless otherwise agreed to by the
34	34	parties, must be finally decided not later than 120 calendar days
35	35	after the date on which the request for the appeal was submitted;
36	36	and
37	37	(iii) if a final decision is not rendered
38	38	before the date described by Subparagraph (ii), requires the board
39	39	to immediately render a final decision on the complaint in favor of
40	40	the parent; and
41	41	(D) if the board of trustees of the district does
42	42	not grant the requested relief, notice to the parent regarding the
43	43	parent's right to file an appeal with the commissioner under
44	44	Section 7.057; and
45	45	(2) be:
46	46	(A) posted in a prominent location on the
47	47	district's Internet website, along with instructions on how a
48	48	parent may file a complaint; and
49	49	(B) provided in English and Spanish to the parent
50	50	of each student enrolled in the district at the beginning of each
51	51	school year and on request.
52	52	(d) The agency shall:
53	53	(1) adopt a model grievance procedure for use by
54	54	school districts under this section; and
55	55	(2) post on the agency's Internet website a copy of the
56	56	model grievance procedure and general guidelines regarding how a
57	57	parent may file a complaint with a school district under this
58	58	section or appeal a district's decision to the commissioner under
59	59	Section 7.057.
60	60	(e) If, during the investigation of a grievance, the board
61	61	of trustees of a school district discovers an unreported violation
62	62	of a right guaranteed by this chapter or board policy concerning
63	63	those rights, the board of trustees shall open a new investigation
64	64	into the unreported violation.
65	65	SECTION 2. This Act applies beginning with the 2023-2024
66	66	school year.
67	67	SECTION 3. This Act takes effect immediately if it receives
68	68	a vote of two-thirds of all the members elected to each house, as
69	69	provided by Section 39, Article III, Texas Constitution. If this
70	70	Act does not receive the vote necessary for immediate effect, this
71	71	Act takes effect September 1, 2023.