Texas 2025 - 89th Regular

Texas House Bill HB3222 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R12426 KJE-F
2	2	By: Hickland H.B. No. 3222
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to school district policies, appeals to the commissioner
10	10	of education, and reporting on settlement agreements entered into
11	11	by a public school.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 7.057, Education Code, is amended by
14	14	amending Subsections (a) and (e) and adding Subsections (c-1) and
15	15	(g) to read as follows:
16	16	(a) Except as provided by Subsection (e), a person may
17	17	appeal in writing to the commissioner if the person is aggrieved
18	18	by[:
19	19	[(1) the school laws of this state; or
20	20	[(2)] actions or decisions of any school district
21	21	board of trustees that violate:
22	22	(1) [(A)] the school laws of this state; or
23	23	(2) [(B)] a provision of a written employment contract
24	24	between the school district and a school district employee, if a
25	25	violation causes or would cause monetary harm to the employee.
26	26	(c-1) In an appeal against a school district, the
27	27	commissioner may:
28	28	(1) if the record is insufficient for the commissioner
29	29	to resolve the appeal, remand the case to the district and order an
30	30	investigation and development of the record; and
31	31	(2) if the commissioner determines that an action or
32	32	decision of the district's board of trustees violated a law or
33	33	provision described by Subsection (a):
34	34	(A) reverse the case or remand the case to the
35	35	board of trustees for additional proceedings; and
36	36	(B) order the board of trustees to take
37	37	corrective action the commissioner determines appropriate to
38	38	remedy the violation.
39	39	(e) This section does not apply to:
40	40	(1) a case to which Subchapter G, Chapter 21, applies;
41	41	[or]
42	42	(2) a case involving extracurricular activities; or
43	43	(3) a student disciplinary action under Chapter 37.
44	44	(g) The commissioner may adopt rules as necessary to
45	45	implement this section.
46	46	SECTION 2. Subchapter C, Chapter 7, Education Code, is
47	47	amended by adding Sections 7.0571 and 7.0572 to read as follows:
48	48	Sec. 7.0571. REMAND. (a) In an appeal against a school
49	49	district under Section 7.057, the commissioner may remand the case
50	50	to the district for rehearing under Chapter 26A if the commissioner
51	51	determines that the appeal would have likely succeeded on the
52	52	merits if not for:
53	53	(1) a fatal procedural error at the district level;
54	54	(2) failure to allege the correct statutory violation;
55	55	or
56	56	(3) failure to develop necessary evidence at the
57	57	district level.
58	58	(b) In remanding a case under Subsection (a), the
59	59	commissioner may:
60	60	(1) identify specific issues or law for the school
61	61	district to address; and
62	62	(2) alter the timelines provided under Chapter 26A.
63	63	(c) A case remanded under this section may be appealed again
64	64	under Section 7.057, and the timelines established by that section
65	65	apply to the appeal unless the commissioner provides for a shorter
66	66	timeline.
67	67	(d) The commissioner may adopt rules as necessary to
68	68	implement this section.
69	69	Sec. 7.0572. DISPUTE RESOLUTION FACILITATION. (a) The
70	70	commissioner shall develop a program for the training and review of
71	71	dispute resolution facilitators.
72	72	(b) The commissioner shall establish requirements for a
73	73	person to qualify as a dispute resolution facilitator under this
74	74	section.
75	75	(c) In an appeal against a school district under Section
76	76	7.057, the commissioner may refer to dispute resolution
77	77	facilitation under this section a case involving a grievance by a
78	78	parent of or person standing in parental relation to a student
79	79	enrolled in the district arising from the parent's or person's
80	80	status as a parent of or person standing in parental relation to the
81	81	student if:
82	82	(1) the grievance does not allege:
83	83	(A) conduct described by Section 7.057(a) or (e);
84	84	or
85	85	(B) conduct for which Title 1 or 2, other than
86	86	Section 11.151(b), makes a specific decision of the district's
87	87	board of trustees final and unappealable or not subject to review;
88	88	and
89	89	(2) the commissioner determines that the district's
90	90	conduct should be reviewed for substantial error that is apparent
91	91	from the record.
92	92	(d) The commissioner shall appoint a dispute resolution
93	93	facilitator to an appeal referred to dispute resolution
94	94	facilitation under Subsection (c). A dispute resolution
95	95	facilitator:
96	96	(1) shall:
97	97	(A) propose factual findings related to the
98	98	grievance;
99	99	(B) consider information provided by the person
100	100	who filed the grievance and the school district;
101	101	(C) facilitate a resolution between the person
102	102	who filed the grievance and the school district; and
103	103	(D) if no resolution is possible, render a
104	104	decision that includes findings of fact and conclusions of law; and
105	105	(2) may recommend a remand of the grievance or grant
106	106	relief or redress to the person who filed the grievance in the same
107	107	manner as the commissioner under Section 7.057.
108	108	(e) The commissioner may adopt or reject the final
109	109	determination of a dispute resolution facilitator. If the
110	110	commissioner rejects the determination, no decision on the matter
111	111	is issued. If the commissioner adopts the determination, the
112	112	determination is binding on the parties. A determination by the
113	113	commissioner under this subsection is final and may not be
114	114	appealed, including under Section 7.057(d).
115	115	(f) The school district against which the grievance was
116	116	filed shall pay the cost of the dispute resolution facilitator, the
117	117	hearing room, the certified court reporter at the hearing, and the
118	118	production of any original hearing transcript.
119	119	(g) Section 7.057(a-1) applies to conduct that may be
120	120	referred to dispute resolution facilitation under Subsection
121	121	(c)(1).
122	122	(h) The commissioner may adopt rules as necessary to
123	123	implement this section.
124	124	SECTION 3. Subchapter A, Chapter 11, Education Code, is
125	125	amended by adding Section 11.004 to read as follows:
126	126	Sec. 11.004. COMPLIANCE WITH MANDATORY POLICY. A school
127	127	district, the district's board of trustees, and the district's
128	128	employees shall implement and comply with each policy the district
129	129	is required to adopt under this code or other law.
130	130	SECTION 4. The heading to Section 11.1518, Education Code,
131	131	is amended to read as follows:
132	132	Sec. 11.1518. TRUSTEE INFORMATION [POSTED ON WEBSITE].
133	133	SECTION 5. Section 11.1518, Education Code, is amended by
134	134	amending Subsection (c) and adding Subsections (d) and (e) to read
135	135	as follows:
136	136	(c) Not later than the 30th day after a new person is sworn
137	137	in as a member [Each time there is a change in the membership] of a
138	138	school district's board of trustees, the district shall update the
139	139	information required under Subsection (a) and, as applicable:
140	140	(1) post the updated information on the district's
141	141	Internet website; or
142	142	(2) submit the updated information to the agency for
143	143	posting on the agency's Internet website in accordance with
144	144	Subsection (b).
145	145	(d) A school district shall annually submit to the agency
146	146	the information required under Subsection (a) for each member of
147	147	the district's board of trustees. The information must:
148	148	(1) identify the member designated as chair; and
149	149	(2) be updated as required by Subsection (c).
150	150	(e) The commissioner may adopt rules as necessary to
151	151	implement this section.
152	152	SECTION 6. Section 12A.004(a), Education Code, is amended
153	153	to read as follows:
154	154	(a) A local innovation plan may not provide for the
155	155	exemption of a district designated as a district of innovation from
156	156	the following provisions of this title:
157	157	(1) a state or federal requirement applicable to an
158	158	open-enrollment charter school operating under Subchapter D,
159	159	Chapter 12;
160	160	(2) Subchapters A, C, D, and E, Chapter 11, except that
161	161	a district may be exempt from Sections 11.1511(b)(5) and (14) and
162	162	Section 11.162;
163	163	(3) the grievance policy under Chapter 26A;
164	164	(4) state curriculum and graduation requirements
165	165	adopted under Chapter 28; and
166	166	(5) [(4)] academic and financial accountability and
167	167	sanctions under Chapters 39 and 39A.
168	168	SECTION 7. Section 26.011(a), Education Code, is amended to
169	169	read as follows:
170	170	(a) The board of trustees of each school district shall
171	171	adopt a grievance procedure that complies with Chapter 26A under
172	172	which the board shall address each complaint that the board
173	173	receives concerning violation of a right guaranteed by this
174	174	chapter.
175	175	SECTION 8. Subtitle E, Title 2, Education Code, is amended
176	176	by adding Chapter 26A to read as follows:
177	177	CHAPTER 26A. GRIEVANCE POLICY
178	178	Sec. 26A.001. GRIEVANCE POLICY. (a) The board of trustees
179	179	of a school district shall adopt a grievance policy to address
180	180	grievances received by the district.
181	181	(b) The policy must provide for the following levels of
182	182	review, subject to Subsection (c):
183	183	(1) review by:
184	184	(A) the principal of the school district campus
185	185	at which the grievance is filed or the principal's designee; or
186	186	(B) for a grievance that arises from subject
187	187	matter unrelated to a campus, an administrator at the school
188	188	district's central office;
189	189	(2) if established by the policy, an appeal to an
190	190	administrator at the school district's central office;
191	191	(3) an appeal to the superintendent of the school
192	192	district or the superintendent's designee; and
193	193	(4) an appeal to the board of trustees of the school
194	194	district.
195	195	(c) A review or appeal on a grievance must be conducted by a
196	196	person with the authority to address the grievance unless a
197	197	preliminary hearing is necessary to develop a record or a
198	198	recommendation for the board of trustees of the school district.
199	199	(d) The board of trustees of a school district may delegate
200	200	the authority to hear and decide a grievance to a committee of at
201	201	least three members composed only of members of the board of
202	202	trustees. For purposes of an appeal to the commissioner under
203	203	Section 7.057, a decision by the committee is a decision of the
204	204	board of trustees.
205	205	(e) The policy must:
206	206	(1) prohibit the board of trustees of the school
207	207	district or a district employee from retaliating against a student
208	208	or parent of or person standing in parental relation to a student
209	209	who files a grievance in accordance with the policy;
210	210	(2) require a person involved in reviewing a grievance
211	211	under the policy to recuse himself or herself from reviewing the
212	212	grievance if the person is the subject of the grievance;
213	213	(3) provide for a higher level of review under
214	214	Subsection (b) if the person who would otherwise review the
215	215	grievance is required to recuse himself or herself under
216	216	Subdivision (2);
217	217	(4) provide for the creation and retention of a record
218	218	of each hearing on the grievance, including:
219	219	(A) documents submitted by the person who filed
220	220	the grievance or determined relevant by school district personnel;
221	221	and
222	222	(B) a written record of the decision, including
223	223	an explanation of the basis for the decision and an indication of
224	224	each document that supports the decision;
225	225	(5) allow the person who filed the grievance to
226	226	supplement the record with additional documents or add additional
227	227	claims;
228	228	(6) allow for a remand to a lower level of review under
229	229	Subsection (b) to develop a record at any time, including at the
230	230	board of trustees level of review;
231	231	(7) require the school district to direct a grievance
232	232	that is filed with the incorrect administrator to the appropriate
233	233	administrator and consider the grievance filed on the date on which
234	234	the grievance was initially filed; and
235	235	(8) for a grievance before the board of trustees of the
236	236	school district, require that:
237	237	(A) the person who filed the grievance be
238	238	provided at least five business days before the date on which the
239	239	meeting to discuss the grievance will be held a description of any
240	240	information the board of trustees intends to rely on that is not
241	241	contained in the record; and
242	242	(B) the meeting at which the grievance is
243	243	discussed be recorded by video or audio recording or by transcript
244	244	created by a certified court reporter.
245	245	Sec. 26A.002. TIMELINES FOR FILING AND APPEAL. The policy
246	246	adopted under Section 26A.001 must:
247	247	(1) provide at least:
248	248	(A) for a grievance filed by a parent of or person
249	249	standing in parental relation to a student enrolled in the school
250	250	district:
251	251	(i) 60 days to file a grievance from the
252	252	date on which the parent or person knew or had reason to know of the
253	253	facts giving rise to the grievance; or
254	254	(ii) if the parent or person engaged in
255	255	informal attempts to resolve the grievance, the later of 90 days to
256	256	file a grievance from the date described by Subparagraph (i) or 30
257	257	days to file a grievance from the date on which the district
258	258	provided information to the parent or person regarding how to file
259	259	the grievance; and
260	260	(B) 20 days to file an appeal after the date on
261	261	which a decision on the grievance was made;
262	262	(2) for a hearing that is not before the board of
263	263	trustees of the school district, require:
264	264	(A) the district to hold a hearing not later than
265	265	the 10th day after the date on which the grievance or appeal was
266	266	filed; and
267	267	(B) a written decision to be made not later than
268	268	the 20th day after the date on which the hearing was held that
269	269	includes:
270	270	(i) any relief or redress to be provided;
271	271	and
272	272	(ii) information regarding filing an
273	273	appeal, including the timeline to appeal under this section and
274	274	Section 7.057, if applicable; and
275	275	(3) for a hearing before the board of trustees of the
276	276	school district, require the board of trustees to:
277	277	(A) hold a meeting to discuss the grievance not
278	278	later than the 60th day after the date on which the previous
279	279	decision on the grievance was made; and
280	280	(B) make a decision on the grievance not later
281	281	than the 30th day after the date on which the meeting is held under
282	282	Paragraph (A).
283	283	Sec. 26A.003. POSTING OF PROCEDURES AND FORMS. (a) The
284	284	board of trustees of a school district shall develop, make publicly
285	285	available in a prominent location on the district's Internet
286	286	website, and include in the district's student handbook:
287	287	(1) procedures for resolving grievances;
288	288	(2) standardized forms for filing a grievance, a
289	289	notice of appeal, or a request for a hearing under this chapter; and
290	290	(3) the method by which a grievance may be filed
291	291	electronically.
292	292	(b) A school district shall ensure that a grievance may be
293	293	submitted electronically at the location on the district's Internet
294	294	website at which the information described by Subsection (a) is
295	295	available.
296	296	(c) A school district shall submit and make accessible to
297	297	the agency the location on the district's Internet website at which
298	298	the information described by Subsection (a) is available.
299	299	SECTION 9. Subchapter Z, Chapter 44, Education Code, is
300	300	amended by adding Section 44.909 to read as follows:
301	301	Sec. 44.909. REPORT ON SETTLEMENT AGREEMENTS. In
302	302	accordance with commissioner rule, a school district or
303	303	open-enrollment charter school shall report to the agency the
304	304	amount of and the source of funding for each settlement agreement
305	305	entered into by the district or school.
306	306	SECTION 10. Section 12A.004(a), Education Code, as amended
307	307	by this Act, applies to a local innovation plan adopted or renewed
308	308	before, on, or after the effective date of this Act.
309	309	SECTION 11. (a) Except as provided by Subsection (b) of
310	310	this section, this Act applies beginning with the 2025-2026 school
311	311	year.
312	312	(b) The changes in law made by this Act apply to an appeal
313	313	filed with the commissioner of education on or after September 1,
314	314	2025. An appeal filed with the commissioner before September 1,
315	315	2025, is governed by the law in effect on the date the appeal was
316	316	filed, and the former law is continued in effect for that purpose.
317	317	SECTION 12. This Act takes effect immediately if it
318	318	receives a vote of two-thirds of all the members elected to each
319	319	house, as provided by Section 39, Article III, Texas Constitution.
320	320	If this Act does not receive the vote necessary for immediate
321	321	effect, this Act takes effect September 1, 2025.