By: Dutton H.B. No. 5290
A BILL TO BE ENTITLED
AN ACT
relating to authorizing a private right of action against a school
district or open enrollment charter school that violates a student
or parental right.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 26 is amended by adding Section 26.016 to
read as follows:
Sec. 26.016. WAIVER OF GOVERNMENTAL IMMUNITY; PERMISSION TO
SUE. (a) Pursuant to Texas Education Code 4.001, the belief that
parental involvement is necessary for the maximum educational
achievement of a child, and to achieve the state's constitutional
purpose of a general diffusion of knowledge, this section makes
provision for a limited parental cause of action against an
independent school district or open-enrollment charter school in
order to preserve a student's rights.
(b) Sovereign immunity to suit is waived and abolished for a
claim by a parental or legal guardian on behalf of a public school
student against a school district or open-enrollment charter school
regarding the following:
(1) violation of Section 1.002, Education Code;
(2) violation of Chapter 26, Education Code;
(3) failure to provide a certified educator where
required by law;
(4) assignment to a campus with an unacceptable
performance rating for more than two years; or
(5) any provision of this code that requires a school
district or open-enrollment charter school to involve parents and
the school district or open-enrollment charter school does not
involve parents.
(c) A suit brought under this section is limited to the
following:
(1) Actual damages, general damages, specific
performance, or injunctive relief, if applicable; and
(2) Court costs and reasonable attorney's fees.
(d) A claimant under this section is not required to exhaust
administrative remedies before bringing an action under this
section.
(e) No independent school district in Texas may exempt
themselves from any provision of this act under Chapter 12A.
SECTION 2. To the extent of any conflict, this Act prevails
over another Act of the 88th Legislature, Regular Session, 2023,
relating to nonsubstantive additions to and corrections in enacted
codes.
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.