88R19514 BDP-F
By: Bell of Kaufman, Buckley, H.B. No. 890
Harris of Anderson, Hefner, Dutton
Substitute the following for H.B. No. 890:
By: Buckley C.S.H.B. No. 890
A BILL TO BE ENTITLED
AN ACT
relating to a process adopted by a school district regarding
complaints and hearings on complaints.
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 through which district
personnel, students or the parents or guardians of students, and
members of the public may file a complaint and obtain a hearing from
the district administrators and the board regarding the [a]
complaint that must:
(A) allow a complaint to be filed at any time
regardless of when the conduct initially giving rise to the
complaint occurred if the complaint alleges a violation of law or
board policy that is continuous or ongoing;
(B) unless otherwise provided by law, include:
(i) an initial administrative hearing; and
(ii) an opportunity to appeal the
administrative decision following the initial hearing;
(C) unless otherwise agreed to by the parties,
provide for a final decision on the complaint not later than 120
calendar days after the date on which the complaint was filed; and
(D) if a final decision on a complaint is not
rendered before the 120th day after the date on which the complaint
was filed, require the district to immediately render a final
decision on the complaint in favor of the complainant;
(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. The board of trustees of a school district shall
adopt a process for filing a complaint and obtaining a hearing in
accordance with Section 11.1511(b), Education Code, as amended by
this Act, as soon as practicable after the effective date of this
Act.
SECTION 3. This Act takes effect September 1, 2023.