Texas House Bill HB3582

Texas 2025 - 89th Regular

• Filed: 3/3/25

Caption

Relating to a private civil cause of action against a public school for the violation of certain student or parental rights.

Impact

The bill would significantly alter the Education Code by enabling a new legal recourse for parents, effectively waiving sovereign immunity against public schools for actions covered under the new section added by the bill. This implies that schools could be held liable for decisions affecting students' educational experiences, thereby shifting some accountability toward school administrations. Notably, it emphasizes the belief that parental involvement is crucial for students' educational success, reflecting a shift towards a more parent-centric approach in public education policies.

Summary

House Bill 3582 proposes the introduction of a private civil cause of action against public schools for the violation of certain student and parental rights. The bill aims to empower parents of students enrolled in K-12 education to hold school districts and open-enrollment charter schools accountable if specific educational guidelines and parental involvement requirements are not met. Among the provisions, the bill allows parents to sue schools for not involving them adequately in their child's education, failing to employ qualified educators, or assigning students to poorly rated campuses.

Contention

Opponents of HB 3582 might argue that this bill could lead to an increase in litigation against schools, potentially straining educational resources and diverting attention away from teaching. Critics could express concerns about the implications for school governance and educator autonomy, with fears that excessive legal challenges might create an adversarial environment between parents and school staff. This could ultimately impact the overall quality of education if schools alongside their personnel become apprehensive about engaging in necessary educational decisions for fear of litigation.

Texas Constitutional Statutes Affected

Education Code

• Chapter 12. Charters
  • Section: New Section

• Chapter 26. Parental Rights And Responsibilities
  • Section: New Section