| 1 | 1 | | By: Dutton H.B. No. 5290 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to authorizing a private right of action against a school |
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| 7 | 7 | | district or open enrollment charter school that violates a student |
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| 8 | 8 | | or parental right. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 26 is amended by adding Section 26.016 to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | Sec. 26.016. WAIVER OF GOVERNMENTAL IMMUNITY; PERMISSION TO |
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| 13 | 13 | | SUE. (a) Pursuant to Texas Education Code 4.001, the belief that |
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| 14 | 14 | | parental involvement is necessary for the maximum educational |
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| 15 | 15 | | achievement of a child, and to achieve the state's constitutional |
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| 16 | 16 | | purpose of a general diffusion of knowledge, this section makes |
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| 17 | 17 | | provision for a limited parental cause of action against an |
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| 18 | 18 | | independent school district or open-enrollment charter school in |
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| 19 | 19 | | order to preserve a student's rights. |
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| 20 | 20 | | (b) Sovereign immunity to suit is waived and abolished for a |
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| 21 | 21 | | claim by a parental or legal guardian on behalf of a public school |
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| 22 | 22 | | student against a school district or open-enrollment charter school |
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| 23 | 23 | | regarding the following: |
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| 24 | 24 | | (1) violation of Section 1.002, Education Code; |
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| 25 | 25 | | (2) violation of Chapter 26, Education Code; |
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| 26 | 26 | | (3) failure to provide a certified educator where |
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| 27 | 27 | | required by law; |
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| 28 | 28 | | (4) assignment to a campus with an unacceptable |
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| 29 | 29 | | performance rating for more than two years; or |
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| 30 | 30 | | (5) any provision of this code that requires a school |
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| 31 | 31 | | district or open-enrollment charter school to involve parents and |
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| 32 | 32 | | the school district or open-enrollment charter school does not |
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| 33 | 33 | | involve parents. |
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| 34 | 34 | | (c) A suit brought under this section is limited to the |
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| 35 | 35 | | following: |
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| 36 | 36 | | (1) Actual damages, general damages, specific |
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| 37 | 37 | | performance, or injunctive relief, if applicable; and |
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| 38 | 38 | | (2) Court costs and reasonable attorney's fees. |
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| 39 | 39 | | (d) A claimant under this section is not required to exhaust |
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| 40 | 40 | | administrative remedies before bringing an action under this |
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| 41 | 41 | | section. |
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| 42 | 42 | | (e) No independent school district in Texas may exempt |
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| 43 | 43 | | themselves from any provision of this act under Chapter 12A. |
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| 44 | 44 | | SECTION 2. To the extent of any conflict, this Act prevails |
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| 45 | 45 | | over another Act of the 88th Legislature, Regular Session, 2023, |
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| 46 | 46 | | relating to nonsubstantive additions to and corrections in enacted |
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| 47 | 47 | | codes. |
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| 48 | 48 | | SECTION 3. This Act takes effect immediately if it receives |
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| 49 | 49 | | a vote of two-thirds of all the members elected to each house, as |
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| 50 | 50 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 51 | 51 | | Act does not receive the vote necessary for immediate effect, this |
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| 52 | 52 | | Act takes effect September 1, 2023. |
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