Texas 2023 88th Regular

Texas House Bill HB3831 Introduced / Bill

Filed 03/07/2023

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                    88R12575 TSS-D
 By: Lopez of Cameron H.B. No. 3831


 A BILL TO BE ENTITLED
 AN ACT
 relating to the formation of a committee to conduct proceedings
 relating to certain complaints and grievances submitted to the
 board of trustees of an independent school district.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 11.1511(b), Education Code, is amended
 to read as follows:
 (b)  The board shall:
 (1)  seek to establish working relationships with other
 public entities to make effective use of community resources and to
 serve the needs of public school students in the community;
 (2)  adopt a vision statement and comprehensive goals
 for the district and the superintendent and monitor progress toward
 those goals;
 (3)  establish performance goals for the district
 concerning:
 (A)  the academic and fiscal performance
 indicators under Subchapters C, D, and J, Chapter 39; and
 (B)  any performance indicators adopted by the
 district;
 (4)  ensure that the superintendent:
 (A)  is accountable for achieving performance
 results;
 (B)  recognizes performance accomplishments; and
 (C)  takes action as necessary to meet performance
 goals;
 (5)  adopt a policy to establish a district- and
 campus-level planning and decision-making process as required
 under Section 11.251;
 (6)  publish an annual educational performance report
 as required under Section 39.306;
 (7)  adopt an annual budget for the district as
 required under Section 44.004;
 (8)  adopt a tax rate each fiscal year as required under
 Section 26.05, Tax Code;
 (9)  monitor district finances to ensure that the
 superintendent is properly maintaining the district's financial
 procedures and records;
 (10)  ensure that district fiscal accounts are audited
 annually as required under Section 44.008;
 (11)  publish an end-of-year financial report for
 distribution to the community;
 (12)  conduct elections as required by law;
 (13)  by rule, adopt a process regarding a complaint
 through which district personnel, students or the parents or
 guardians of students, and members of the public may obtain a
 hearing from the district administrators and:
 (A)  the board; or
 (B)  a committee composed of board members formed
 under Section 11.1711 [regarding a complaint];
 (14)  make decisions relating to terminating the
 employment of district employees employed under a contract to which
 Chapter 21 applies, including terminating or not renewing an
 employment contract to which that chapter applies; and
 (15)  carry out other powers and duties as provided by
 this code or other law.
 SECTION 2.  Section 11.1513(i), Education Code, is amended
 to read as follows:
 (i)  The employment policy must provide each school district
 employee with the right to present grievances to:
 (1)  the district board of trustees; or
 (2)  a committee composed of members of the district
 board of trustees.
 SECTION 3.  Section 11.171, Education Code, is amended by
 adding Subsection (d) to read as follows:
 (d)  A school district grievance policy may permit the
 investigation and proceedings regarding a reported grievance to be
 conducted by a grievance and complaint committee formed under
 Section 11.1711.
 SECTION 4.  Subchapter D, Chapter 11, Education Code, is
 amended by adding Section 11.1711 to read as follows:
 Sec. 11.1711.  GRIEVANCE AND COMPLAINT COMMITTEE. (a)  The
 board of trustees of a school district may form a grievance and
 complaint committee, composed of members of the board of trustees,
 to conduct hearings, investigations, and other proceedings
 relating to grievances and complaints submitted to the board
 pursuant to a process adopted under Section 11.1511(b)(13) and a
 policy adopted under Section 11.171.
 (b)  The actions or decisions of a grievance and complaint
 committee shall be considered the actions or decisions of the board
 of trustees for purposes of an appeal under Section 7.057(a).
 SECTION 5.  The changes in law made by this Act apply only to
 a grievance or complaint reported on or after the effective date of
 this Act.  A grievance or complaint reported before the effective
 date of this Act is governed by the law in effect when the grievance
 or complaint is reported, and the former law is continued in effect
 for that purpose.
 SECTION 6.  This Act takes effect September 1, 2023.