89R12426 KJE-F
By: Hickland H.B. No. 3222
A BILL TO BE ENTITLED
AN ACT
relating to school district policies, appeals to the commissioner
of education, and reporting on settlement agreements entered into
by a public school.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 7.057, Education Code, is amended by
amending Subsections (a) and (e) and adding Subsections (c-1) and
(g) to read as follows:
(a) Except as provided by Subsection (e), a person may
appeal in writing to the commissioner if the person is aggrieved
by[:
[(1) the school laws of this state; or
[(2)] actions or decisions of any school district
board of trustees that violate:
(1) [(A)] the school laws of this state; or
(2) [(B)] a provision of a written employment contract
between the school district and a school district employee, if a
violation causes or would cause monetary harm to the employee.
(c-1) In an appeal against a school district, the
commissioner may:
(1) if the record is insufficient for the commissioner
to resolve the appeal, remand the case to the district and order an
investigation and development of the record; and
(2) if the commissioner determines that an action or
decision of the district's board of trustees violated a law or
provision described by Subsection (a):
(A) reverse the case or remand the case to the
board of trustees for additional proceedings; and
(B) order the board of trustees to take
corrective action the commissioner determines appropriate to
remedy the violation.
(e) This section does not apply to:
(1) a case to which Subchapter G, Chapter 21, applies;
[or]
(2) a case involving extracurricular activities; or
(3) a student disciplinary action under Chapter 37.
(g) The commissioner may adopt rules as necessary to
implement this section.
SECTION 2. Subchapter C, Chapter 7, Education Code, is
amended by adding Sections 7.0571 and 7.0572 to read as follows:
Sec. 7.0571. REMAND. (a) In an appeal against a school
district under Section 7.057, the commissioner may remand the case
to the district for rehearing under Chapter 26A if the commissioner
determines that the appeal would have likely succeeded on the
merits if not for:
(1) a fatal procedural error at the district level;
(2) failure to allege the correct statutory violation;
or
(3) failure to develop necessary evidence at the
district level.
(b) In remanding a case under Subsection (a), the
commissioner may:
(1) identify specific issues or law for the school
district to address; and
(2) alter the timelines provided under Chapter 26A.
(c) A case remanded under this section may be appealed again
under Section 7.057, and the timelines established by that section
apply to the appeal unless the commissioner provides for a shorter
timeline.
(d) The commissioner may adopt rules as necessary to
implement this section.
Sec. 7.0572. DISPUTE RESOLUTION FACILITATION. (a) The
commissioner shall develop a program for the training and review of
dispute resolution facilitators.
(b) The commissioner shall establish requirements for a
person to qualify as a dispute resolution facilitator under this
section.
(c) In an appeal against a school district under Section
7.057, the commissioner may refer to dispute resolution
facilitation under this section a case involving a grievance by a
parent of or person standing in parental relation to a student
enrolled in the district arising from the parent's or person's
status as a parent of or person standing in parental relation to the
student if:
(1) the grievance does not allege:
(A) conduct described by Section 7.057(a) or (e);
or
(B) conduct for which Title 1 or 2, other than
Section 11.151(b), makes a specific decision of the district's
board of trustees final and unappealable or not subject to review;
and
(2) the commissioner determines that the district's
conduct should be reviewed for substantial error that is apparent
from the record.
(d) The commissioner shall appoint a dispute resolution
facilitator to an appeal referred to dispute resolution
facilitation under Subsection (c). A dispute resolution
facilitator:
(1) shall:
(A) propose factual findings related to the
grievance;
(B) consider information provided by the person
who filed the grievance and the school district;
(C) facilitate a resolution between the person
who filed the grievance and the school district; and
(D) if no resolution is possible, render a
decision that includes findings of fact and conclusions of law; and
(2) may recommend a remand of the grievance or grant
relief or redress to the person who filed the grievance in the same
manner as the commissioner under Section 7.057.
(e) The commissioner may adopt or reject the final
determination of a dispute resolution facilitator. If the
commissioner rejects the determination, no decision on the matter
is issued. If the commissioner adopts the determination, the
determination is binding on the parties. A determination by the
commissioner under this subsection is final and may not be
appealed, including under Section 7.057(d).
(f) The school district against which the grievance was
filed shall pay the cost of the dispute resolution facilitator, the
hearing room, the certified court reporter at the hearing, and the
production of any original hearing transcript.
(g) Section 7.057(a-1) applies to conduct that may be
referred to dispute resolution facilitation under Subsection
(c)(1).
(h) The commissioner may adopt rules as necessary to
implement this section.
SECTION 3. Subchapter A, Chapter 11, Education Code, is
amended by adding Section 11.004 to read as follows:
Sec. 11.004. COMPLIANCE WITH MANDATORY POLICY. A school
district, the district's board of trustees, and the district's
employees shall implement and comply with each policy the district
is required to adopt under this code or other law.
SECTION 4. The heading to Section 11.1518, Education Code,
is amended to read as follows:
Sec. 11.1518. TRUSTEE INFORMATION [POSTED ON WEBSITE].
SECTION 5. Section 11.1518, Education Code, is amended by
amending Subsection (c) and adding Subsections (d) and (e) to read
as follows:
(c) Not later than the 30th day after a new person is sworn
in as a member [Each time there is a change in the membership] of a
school district's board of trustees, the district shall update the
information required under Subsection (a) and, as applicable:
(1) post the updated information on the district's
Internet website; or
(2) submit the updated information to the agency for
posting on the agency's Internet website in accordance with
Subsection (b).
(d) A school district shall annually submit to the agency
the information required under Subsection (a) for each member of
the district's board of trustees. The information must:
(1) identify the member designated as chair; and
(2) be updated as required by Subsection (c).
(e) The commissioner may adopt rules as necessary to
implement this section.
SECTION 6. Section 12A.004(a), Education Code, is amended
to read as follows:
(a) A local innovation plan may not provide for the
exemption of a district designated as a district of innovation from
the following provisions of this title:
(1) a state or federal requirement applicable to an
open-enrollment charter school operating under Subchapter D,
Chapter 12;
(2) Subchapters A, C, D, and E, Chapter 11, except that
a district may be exempt from Sections 11.1511(b)(5) and (14) and
Section 11.162;
(3) the grievance policy under Chapter 26A;
(4) state curriculum and graduation requirements
adopted under Chapter 28; and
(5) [(4)] academic and financial accountability and
sanctions under Chapters 39 and 39A.
SECTION 7. Section 26.011(a), Education Code, is amended to
read as follows:
(a) The board of trustees of each school district shall
adopt a grievance procedure that complies with Chapter 26A under
which the board shall address each complaint that the board
receives concerning violation of a right guaranteed by this
chapter.
SECTION 8. Subtitle E, Title 2, Education Code, is amended
by adding Chapter 26A to read as follows:
CHAPTER 26A. GRIEVANCE POLICY
Sec. 26A.001. GRIEVANCE POLICY. (a) The board of trustees
of a school district shall adopt a grievance policy to address
grievances received by the district.
(b) The policy must provide for the following levels of
review, subject to Subsection (c):
(1) review by:
(A) the principal of the school district campus
at which the grievance is filed or the principal's designee; or
(B) for a grievance that arises from subject
matter unrelated to a campus, an administrator at the school
district's central office;
(2) if established by the policy, an appeal to an
administrator at the school district's central office;
(3) an appeal to the superintendent of the school
district or the superintendent's designee; and
(4) an appeal to the board of trustees of the school
district.
(c) A review or appeal on a grievance must be conducted by a
person with the authority to address the grievance unless a
preliminary hearing is necessary to develop a record or a
recommendation for the board of trustees of the school district.
(d) The board of trustees of a school district may delegate
the authority to hear and decide a grievance to a committee of at
least three members composed only of members of the board of
trustees. For purposes of an appeal to the commissioner under
Section 7.057, a decision by the committee is a decision of the
board of trustees.
(e) The policy must:
(1) prohibit the board of trustees of the school
district or a district employee from retaliating against a student
or parent of or person standing in parental relation to a student
who files a grievance in accordance with the policy;
(2) require a person involved in reviewing a grievance
under the policy to recuse himself or herself from reviewing the
grievance if the person is the subject of the grievance;
(3) provide for a higher level of review under
Subsection (b) if the person who would otherwise review the
grievance is required to recuse himself or herself under
Subdivision (2);
(4) provide for the creation and retention of a record
of each hearing on the grievance, including:
(A) documents submitted by the person who filed
the grievance or determined relevant by school district personnel;
and
(B) a written record of the decision, including
an explanation of the basis for the decision and an indication of
each document that supports the decision;
(5) allow the person who filed the grievance to
supplement the record with additional documents or add additional
claims;
(6) allow for a remand to a lower level of review under
Subsection (b) to develop a record at any time, including at the
board of trustees level of review;
(7) require the school district to direct a grievance
that is filed with the incorrect administrator to the appropriate
administrator and consider the grievance filed on the date on which
the grievance was initially filed; and
(8) for a grievance before the board of trustees of the
school district, require that:
(A) the person who filed the grievance be
provided at least five business days before the date on which the
meeting to discuss the grievance will be held a description of any
information the board of trustees intends to rely on that is not
contained in the record; and
(B) the meeting at which the grievance is
discussed be recorded by video or audio recording or by transcript
created by a certified court reporter.
Sec. 26A.002. TIMELINES FOR FILING AND APPEAL. The policy
adopted under Section 26A.001 must:
(1) provide at least:
(A) for a grievance filed by a parent of or person
standing in parental relation to a student enrolled in the school
district:
(i) 60 days to file a grievance from the
date on which the parent or person knew or had reason to know of the
facts giving rise to the grievance; or
(ii) if the parent or person engaged in
informal attempts to resolve the grievance, the later of 90 days to
file a grievance from the date described by Subparagraph (i) or 30
days to file a grievance from the date on which the district
provided information to the parent or person regarding how to file
the grievance; and
(B) 20 days to file an appeal after the date on
which a decision on the grievance was made;
(2) for a hearing that is not before the board of
trustees of the school district, require:
(A) the district to hold a hearing not later than
the 10th day after the date on which the grievance or appeal was
filed; and
(B) a written decision to be made not later than
the 20th day after the date on which the hearing was held that
includes:
(i) any relief or redress to be provided;
and
(ii) information regarding filing an
appeal, including the timeline to appeal under this section and
Section 7.057, if applicable; and
(3) for a hearing before the board of trustees of the
school district, require the board of trustees to:
(A) hold a meeting to discuss the grievance not
later than the 60th day after the date on which the previous
decision on the grievance was made; and
(B) make a decision on the grievance not later
than the 30th day after the date on which the meeting is held under
Paragraph (A).
Sec. 26A.003. POSTING OF PROCEDURES AND FORMS. (a) The
board of trustees of a school district shall develop, make publicly
available in a prominent location on the district's Internet
website, and include in the district's student handbook:
(1) procedures for resolving grievances;
(2) standardized forms for filing a grievance, a
notice of appeal, or a request for a hearing under this chapter; and
(3) the method by which a grievance may be filed
electronically.
(b) A school district shall ensure that a grievance may be
submitted electronically at the location on the district's Internet
website at which the information described by Subsection (a) is
available.
(c) A school district shall submit and make accessible to
the agency the location on the district's Internet website at which
the information described by Subsection (a) is available.
SECTION 9. Subchapter Z, Chapter 44, Education Code, is
amended by adding Section 44.909 to read as follows:
Sec. 44.909. REPORT ON SETTLEMENT AGREEMENTS. In
accordance with commissioner rule, a school district or
open-enrollment charter school shall report to the agency the
amount of and the source of funding for each settlement agreement
entered into by the district or school.
SECTION 10. Section 12A.004(a), Education Code, as amended
by this Act, applies to a local innovation plan adopted or renewed
before, on, or after the effective date of this Act.
SECTION 11. (a) Except as provided by Subsection (b) of
this section, this Act applies beginning with the 2025-2026 school
year.
(b) The changes in law made by this Act apply to an appeal
filed with the commissioner of education on or after September 1,
2025. An appeal filed with the commissioner before September 1,
2025, is governed by the law in effect on the date the appeal was
filed, and the former law is continued in effect for that purpose.
SECTION 12. 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, 2025.