1 | 1 | | 88R12575 TSS-D |
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2 | 2 | | By: Lopez of Cameron H.B. No. 3831 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the formation of a committee to conduct proceedings |
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8 | 8 | | relating to certain complaints and grievances submitted to the |
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9 | 9 | | board of trustees of an independent school district. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Section 11.1511(b), Education Code, is amended |
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12 | 12 | | to read as follows: |
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13 | 13 | | (b) The board shall: |
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14 | 14 | | (1) seek to establish working relationships with other |
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15 | 15 | | public entities to make effective use of community resources and to |
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16 | 16 | | serve the needs of public school students in the community; |
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17 | 17 | | (2) adopt a vision statement and comprehensive goals |
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18 | 18 | | for the district and the superintendent and monitor progress toward |
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19 | 19 | | those goals; |
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20 | 20 | | (3) establish performance goals for the district |
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21 | 21 | | concerning: |
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22 | 22 | | (A) the academic and fiscal performance |
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23 | 23 | | indicators under Subchapters C, D, and J, Chapter 39; and |
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24 | 24 | | (B) any performance indicators adopted by the |
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25 | 25 | | district; |
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26 | 26 | | (4) ensure that the superintendent: |
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27 | 27 | | (A) is accountable for achieving performance |
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28 | 28 | | results; |
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29 | 29 | | (B) recognizes performance accomplishments; and |
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30 | 30 | | (C) takes action as necessary to meet performance |
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31 | 31 | | goals; |
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32 | 32 | | (5) adopt a policy to establish a district- and |
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33 | 33 | | campus-level planning and decision-making process as required |
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34 | 34 | | under Section 11.251; |
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35 | 35 | | (6) publish an annual educational performance report |
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36 | 36 | | as required under Section 39.306; |
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37 | 37 | | (7) adopt an annual budget for the district as |
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38 | 38 | | required under Section 44.004; |
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39 | 39 | | (8) adopt a tax rate each fiscal year as required under |
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40 | 40 | | Section 26.05, Tax Code; |
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41 | 41 | | (9) monitor district finances to ensure that the |
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42 | 42 | | superintendent is properly maintaining the district's financial |
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43 | 43 | | procedures and records; |
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44 | 44 | | (10) ensure that district fiscal accounts are audited |
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45 | 45 | | annually as required under Section 44.008; |
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46 | 46 | | (11) publish an end-of-year financial report for |
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47 | 47 | | distribution to the community; |
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48 | 48 | | (12) conduct elections as required by law; |
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49 | 49 | | (13) by rule, adopt a process regarding a complaint |
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50 | 50 | | through which district personnel, students or the parents or |
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51 | 51 | | guardians of students, and members of the public may obtain a |
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52 | 52 | | hearing from the district administrators and: |
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53 | 53 | | (A) the board; or |
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54 | 54 | | (B) a committee composed of board members formed |
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55 | 55 | | under Section 11.1711 [regarding a complaint]; |
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56 | 56 | | (14) make decisions relating to terminating the |
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57 | 57 | | employment of district employees employed under a contract to which |
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58 | 58 | | Chapter 21 applies, including terminating or not renewing an |
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59 | 59 | | employment contract to which that chapter applies; and |
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60 | 60 | | (15) carry out other powers and duties as provided by |
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61 | 61 | | this code or other law. |
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62 | 62 | | SECTION 2. Section 11.1513(i), Education Code, is amended |
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63 | 63 | | to read as follows: |
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64 | 64 | | (i) The employment policy must provide each school district |
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65 | 65 | | employee with the right to present grievances to: |
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66 | 66 | | (1) the district board of trustees; or |
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67 | 67 | | (2) a committee composed of members of the district |
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68 | 68 | | board of trustees. |
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69 | 69 | | SECTION 3. Section 11.171, Education Code, is amended by |
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70 | 70 | | adding Subsection (d) to read as follows: |
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71 | 71 | | (d) A school district grievance policy may permit the |
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72 | 72 | | investigation and proceedings regarding a reported grievance to be |
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73 | 73 | | conducted by a grievance and complaint committee formed under |
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74 | 74 | | Section 11.1711. |
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75 | 75 | | SECTION 4. Subchapter D, Chapter 11, Education Code, is |
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76 | 76 | | amended by adding Section 11.1711 to read as follows: |
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77 | 77 | | Sec. 11.1711. GRIEVANCE AND COMPLAINT COMMITTEE. (a) The |
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78 | 78 | | board of trustees of a school district may form a grievance and |
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79 | 79 | | complaint committee, composed of members of the board of trustees, |
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80 | 80 | | to conduct hearings, investigations, and other proceedings |
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81 | 81 | | relating to grievances and complaints submitted to the board |
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82 | 82 | | pursuant to a process adopted under Section 11.1511(b)(13) and a |
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83 | 83 | | policy adopted under Section 11.171. |
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84 | 84 | | (b) The actions or decisions of a grievance and complaint |
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85 | 85 | | committee shall be considered the actions or decisions of the board |
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86 | 86 | | of trustees for purposes of an appeal under Section 7.057(a). |
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87 | 87 | | SECTION 5. The changes in law made by this Act apply only to |
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88 | 88 | | a grievance or complaint reported on or after the effective date of |
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89 | 89 | | this Act. A grievance or complaint reported before the effective |
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90 | 90 | | date of this Act is governed by the law in effect when the grievance |
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91 | 91 | | or complaint is reported, and the former law is continued in effect |
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92 | 92 | | for that purpose. |
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93 | 93 | | SECTION 6. This Act takes effect September 1, 2023. |
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