Texas 2025 - 89th Regular

Texas House Bill HB3582 Compare Versions

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

Old	New	Differences
1	1	89R11694 AMF-F
2	2	By: Dutton H.B. No. 3582
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to a private civil cause of action against a public school
10	10	for the violation of certain student or parental rights.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 12A.004(a), Education Code, is amended
13	13	to read as follows:
14	14	(a) A local innovation plan may not provide for the
15	15	exemption of a district designated as a district of innovation from
16	16	the following provisions of this title:
17	17	(1) a state or federal requirement applicable to an
18	18	open-enrollment charter school operating under Subchapter D,
19	19	Chapter 12;
20	20	(2) Subchapters A, C, D, and E, Chapter 11, except that
21	21	a district may be exempt from Sections 11.1511(b)(5) and (14) and
22	22	Section 11.162;
23	23	(3) liability to suit under Section 26.018;
24	24	(4) state curriculum and graduation requirements
25	25	adopted under Chapter 28; and
26	26	(5) [(4)] academic and financial accountability and
27	27	sanctions under Chapters 39 and 39A.
28	28	SECTION 2. Chapter 26, Education Code, is amended by adding
29	29	Section 26.018 to read as follows:
30	30	Sec. 26.018. SUIT AGAINST PUBLIC SCHOOL AUTHORIZED. (a) To
31	31	further the mission and objectives of public education under
32	32	Section 4.001, the belief that parental involvement is necessary
33	33	for the maximum educational achievement of a child, and the state's
34	34	constitutional purpose of achieving a general diffusion of
35	35	knowledge, a parent of a student enrolled at a school district or
36	36	open-enrollment charter school may bring a civil action against the
37	37	district or school for:
38	38	(1) a violation of Section 1.002;
39	39	(2) a violation of this chapter;
40	40	(3) failure to employ an educator to teach a course in
41	41	which the student is enrolled, if required by law;
42	42	(4) the student's assignment to a campus that has been
43	43	assigned an unacceptable overall performance rating under Section
44	44	39.054 for the two preceding school years; or
45	45	(5) failure to involve the parent in any matter in
46	46	which the district or school is required to involve the parent as
47	47	provided by this code.
48	48	(b) A parent of a student who prevails in an action under
49	49	this section is entitled to recover, as applicable:
50	50	(1) actual damages;
51	51	(2) specific performance;
52	52	(3) injunctive relief; and
53	53	(4) court costs and reasonable attorney's fees.
54	54	(c) A parent of a student enrolled in a school district or
55	55	open-enrollment charter school is not required to exhaust
56	56	administrative remedies before bringing an action under this
57	57	section.
58	58	(d) Sovereign immunity to suit is waived and abolished to
59	59	the extent of liability created by this section.
60	60	SECTION 3. The change in law made by this Act applies only
61	61	to a cause of action that accrues on or after the effective date of
62	62	this Act.
63	63	SECTION 4. This Act takes effect immediately if it receives
64	64	a vote of two-thirds of all the members elected to each house, as
65	65	provided by Section 39, Article III, Texas Constitution. If this
66	66	Act does not receive the vote necessary for immediate effect, this
67	67	Act takes effect September 1, 2025.