89R12631 KJE-D
By: Shaheen H.B. No. 4292
A BILL TO BE ENTITLED
AN ACT
relating to appeals regarding school laws and a school district's
grievance procedure regarding complaints concerning violation of
state education law or school district board of trustees policy.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) This section takes effect only if H.B. 1025,
89th Legislature, Regular Session, 2025, becomes law.
(b) Section 7.057, Education Code, is amended by amending
Subsections (a) and (c) and adding Subsection (c-1) to read as
follows:
(a) Except as provided by Subsection (e), a person may
appeal in writing to the inspector general [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 or open-enrollment charter school governing body that
violate:
(A) [the school laws of this] state or federal
law; [or]
(B) a policy adopted by a school district board
of trustees or open-enrollment charter school governing body; or
(C) a provision of a written employment contract
between the school district or open-enrollment charter school and a
[school] district or school employee, if a violation causes or
would cause monetary harm to the employee.
(c) In an appeal against a school district or
open-enrollment charter school, the inspector general
[commissioner] shall, not later than the 60th [240th] day after the
date the appeal is filed, issue a decision based on a review of the
record developed at the district or school level under a
substantial evidence standard of review. The parties to the appeal
may agree in writing to extend, by not more than seven [60] days,
the date by which the inspector general [commissioner] must issue a
decision under this subsection. The inspector general shall
provide a copy of the record to the person who filed the grievance
not later than the seventh day after the date on which the inspector
general receives the record. A school district's or
open-enrollment charter school's disclosure of the record to the
inspector general [commissioner] under this subsection is not an
offense under Section 551.146, Government Code.
(c-1) In an appeal against a school district or
open-enrollment charter school, the inspector general may find a
violation not raised by the person bringing the appeal.
SECTION 2. (a) This section takes effect only if H.B. 1025,
89th Legislature, Regular Session, 2025, does not become law.
(b) Section 7.057, Education Code, is amended by amending
Subsections (a) and (c) and adding Subsection (c-1) 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 or open-enrollment charter school governing body that
violate:
(A) [the school laws of this] state or federal
law; [or]
(B) a policy adopted by a school district board
of trustees or open-enrollment charter school governing body; or
(C) a provision of a written employment contract
between the school district or open-enrollment charter school and a
[school] district or school employee, if a violation causes or
would cause monetary harm to the employee.
(c) In an appeal against a school district or
open-enrollment charter school, the commissioner shall, not later
than the 60th [240th] day after the date the appeal is filed, issue
a decision based on a review of the record developed at the district
or school level under a substantial evidence standard of review.
The parties to the appeal may agree in writing to extend, by not
more than seven [60] days, the date by which the commissioner must
issue a decision under this subsection. The commissioner shall
provide a copy of the record to the person who filed the grievance
not later than the seventh day after the date on which the
commissioner receives the record. A school district's or
open-enrollment charter school's disclosure of the record to the
commissioner under this subsection is not an offense under Section
551.146, Government Code.
(c-1) In an appeal against a school district or
open-enrollment charter school, the commissioner may find a
violation not raised by the person bringing the appeal.
SECTION 3. (a) This section takes effect only if H.B. 1025,
89th Legislature, Regular Session, 2025, becomes law.
(b) Section 7.057(f), Education Code, is amended by adding
Subdivision (3) to read as follows:
(3) "Inspector general" means the inspector general
appointed under Subchapter E, Chapter 7.
SECTION 4. 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 procedure required by Section
26.011;
(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 5. Section 26.011, Education Code, is amended to
read as follows:
Sec. 26.011. GRIEVANCE PROCEDURE [COMPLAINTS]. (a) The
board of trustees of each school district shall adopt a grievance
procedure under which the board shall address each grievance
[complaint] that the board receives concerning a violation of a
right guaranteed by this chapter, of a board of trustees policy, or
of a provision of this title.
(b) The board of trustees of a school district is not
required by Subsection (a) or Section 11.1511(b)(13) to address a
grievance [complaint] that the board receives concerning a
student's participation in an extracurricular activity that does
not involve a violation of a right guaranteed by this chapter, of a
board of trustees policy, or of a provision of this title. This
subsection does not affect a claim brought by a parent under the
Individuals with Disabilities Education Act (20 U.S.C. Section 1400
et seq.) or a successor federal statute addressing special
education services for a child with a disability.
(c) The grievance procedure adopted under Subsection (a)
must provide for:
(1) a grievance to be considered timely filed
regardless of when the conduct giving rise to the grievance
occurred;
(2) a copy of each grievance filed with the school
district and any supporting documentation to be provided to the
district's board of trustees not later than the seventh business
day after the date on which the grievance is filed;
(3) the board of trustees of the school district to be
represented with respect to grievances by separate, independent
legal counsel from the district who is not recommended, directed,
or assigned by the district;
(4) not more than three levels of review as follows:
(A) a review by the principal of the district
campus at which the grievance was filed that includes:
(i) a conference with the principal and the
person who filed the grievance, recorded by the principal or the
principal's designee and provided to the person who filed the
grievance, held not later than:
(a) the seventh business day after the
date on which the grievance is filed; or
(b) if the grievance regards a safety
concern, the second business day after the date on which the
grievance is filed; and
(ii) a written decision by the principal
and, if applicable, relief not later than the seventh business day
after the date on which the conference was held under Subparagraph
(i);
(B) if the requested relief was not granted or if
the principal did not timely provide a written decision under
Paragraph (A)(ii), an automatic appeal to the superintendent of the
district at which the grievance was filed that includes:
(i) a conference with the superintendent
and the person who filed the grievance, recorded by the
superintendent or the superintendent's designee and provided to the
person who filed the grievance, held not later than the seventh
business day after the date on which the appeal was initiated; and
(ii) a written decision by the
superintendent and, if applicable, relief not later than the
seventh business day after the date on which the conference was held
under Subparagraph (i); and
(C) if the requested relief was not granted or if
the superintendent did not timely provide a written decision under
Paragraph (B)(ii), an automatic appeal to the board of trustees of
the district that includes:
(i) a hearing on the grievance at a meeting
of the board of trustees, which must be:
(a) an open meeting if requested by
the person who filed the grievance; and
(b) recorded by audio or video
recording or by court reporter by the board of trustees, separate
from any other recording the board of trustees is required to make
of the meeting;
(ii) written notice of the proposed date,
time, and location of the hearing described by Subparagraph (i)
provided to the person who filed the grievance not later than the
seventh day after the date on which the appeal was initiated;
(iii) the consent of the person who filed
the grievance to the date and time of the hearing described by
Subparagraph (i);
(iv) the provision of all material,
including any video footage, the district will use at the hearing to
the person who filed the grievance not later than the third business
day before the date on which the hearing is held, redacted only as
authorized by law; and
(v) a written decision by the board of
trustees and, if applicable, relief, which may not include remand
to the district, not later than the seventh business day after the
date on which the hearing is held;
(5) the person who filed the grievance to be notified
before the conference or hearing, as applicable, of:
(A) the school district's legal representation;
(B) each attorney employed by or under contract
with the school district who was involved in the matter giving rise
to the grievance before the grievance was filed and the nature of
the attorney's involvement; and
(C) the person responsible for investigating the
grievance at each level of review described by Subdivision (4);
(6) except as provided by Subsection (d), the addition
of evidence to the record throughout the grievance procedure,
regardless of when the evidence was discovered; and
(7) for a grievance alleging a violation of law or a
board of trustees policy, the grievance to proceed directly to the
level of review described by Subdivision (4)(C).
(d) The board of trustees of a school district may not use at
a hearing described by Subsection (c)(4)(C)(i) any material not in
the record developed at the level of review described by Subsection
(c)(4)(A) or (B).
(e) Notwithstanding any other provision of this section, a
person involved in the matter that gave rise to a grievance,
including school district staff or legal counsel, may not
participate in the grievance procedure adopted under Subsection (a)
for that grievance. In the event of a conflict of interest
described by this subsection for a person required to hear the
grievance under Subsection (c)(4):
(1) the district must select a person who does not have
a conflict of interest to hear the grievance at the applicable level
of review;
(2) the person who filed the grievance may contest the
person selected under Subdivision (1) if the person who filed the
grievance believes the selected person is conflicted as described
by this subsection or was not chosen in good faith; and
(3) if the district and the person who filed the
grievance cannot agree on a person to hear the grievance, the
grievance must be heard by the board of trustees of the district in
accordance with Subsection (c)(4)(C).
(f) A school district may not require a person who files a
grievance to submit a desired relief for the grievance. If desired
relief is submitted by the person, the district must allow the
person to amend the desired relief during the grievance procedure.
(g) A member of a school district board of trustees may file
a grievance with the district. The member may not vote on matters
related to that grievance.
(h) If, during the investigation of a grievance, a school
district discovers an unreported violation of a right guaranteed by
this chapter, of board of trustees policy, or of a provision of this
title, the district shall open a new investigation into the
unreported violation.
(i) A school district may not be represented by an attorney
at a conference or hearing held under Subsection (c)(4) unless the
person who filed the grievance is represented by an attorney at the
conference or hearing.
(k) Each absence of a student due to a safety concern during
the pendency of a grievance filed by or on behalf of the student
regarding that safety concern is counted as two absences for
purposes of calculating a school district's average daily
attendance.
(l) The superintendent of a school district is responsible
for ensuring that the grievance procedure adopted under Subsection
(a) is followed and may not delegate that responsibility to another
person. If the State Board for Educator Certification determines
that a superintendent has not ensured that the grievance procedure
is followed, the board may:
(1) issue an inscribed reprimand to be placed on the
superintendent's certification records for a period of at least
five years; or
(2) revoke the superintendent's certification.
(m) At the beginning of each school year, a school district
shall provide to each student and the parent of each student
enrolled in the district written notice regarding the district's
grievance procedure adopted under Subsection (a). The notice:
(1) may not be combined with any other notice or
information provided to the parent; and
(2) must include a detailed description of the
grievance procedure, including the levels of review, any time
limits provided, and the manner in which the person assigned to hear
a grievance is selected.
(n) A school district shall post in a prominent location on
the district's Internet website the grievance procedure adopted
under Subsection (a) and instructions regarding how to file a
grievance.
(o) A school district shall provide to each person who files
a grievance an optional survey on the person's experience with and
satisfaction with the results of the grievance procedure adopted
under Subsection (a).
(p) Each school district shall include the following
information in the district's Public Education Information
Management System (PEIMS) report:
(1) data relating to grievances filed with the
district during the preceding school year, disaggregated by the
level of review described by Subsection (c)(4), including:
(A) the number of grievances filed;
(B) the subject matter of each grievance;
(C) the number of grievances dismissed; and
(D) the number of grievances for which relief was
granted; and
(2) the results of the survey submitted under
Subsection (o).
(q) The commissioner may adopt rules as necessary to
implement this section.
SECTION 6. (a) This section takes effect only if H.B. 1025,
89th Legislature, Regular Session, 2025, becomes law.
(b) Section 26.011, Education Code, as amended by this Act,
is amended by adding Subsections (j) and (r) to read as follows:
(j) A school district may not retaliate against a student or
parent who files a grievance or a student on whose behalf a
grievance is filed. If the inspector general determines that a
district has retaliated against a student or parent in violation of
this subsection:
(1) the inspector general shall:
(A) investigate the grievance, if the grievance
has not yet been resolved;
(B) require the district to preserve all district
records until the audit described by Paragraph (C) is completed;
(C) not later than the 30th day after the date on
which the determination was made, conduct an audit of the district;
(D) if the inspector general determines that a
district educator has retaliated against a student or parent in
violation of this subsection, report the educator to the State
Board for Educator Certification for investigation; and
(E) report the determination to the commissioner
for purposes of Subdivision (2); and
(2) the commissioner may withhold approval for the
guarantee of the district's bonds by the permanent school fund
under Subchapter C, Chapter 45.
(r) In this section, "inspector general" means the
inspector general appointed under Subchapter E, Chapter 7.
SECTION 7. (a) This section takes effect only if H.B. 1025,
89th Legislature, Regular Session, 2025, does not become law.
(b) Section 26.011, Education Code, as amended by this Act,
is amended by adding Subsection (j) to read as follows:
(j) A school district may not retaliate against a student or
parent who files a grievance or a student on whose behalf a
grievance is filed. If the agency determines that a district has
retaliated against a student or parent in violation of this
subsection:
(1) the agency shall:
(A) investigate the grievance, if the grievance
has not yet been resolved;
(B) require the district to preserve all district
records until the audit described by Paragraph (C) is completed;
(C) not later than the 30th day after the date on
which the determination was made, conduct an audit of the district;
and
(D) if the agency determines that a district
educator has retaliated against a student or parent in violation of
this subsection, report the educator to the State Board for
Educator Certification for investigation; and
(2) the commissioner may withhold approval for the
guarantee of the district's bonds by the permanent school fund
under Subchapter C, Chapter 45.
SECTION 8. Section 25.087, Education Code, is amended by
adding Subsection (b-10) to read as follows:
(b-10) A school district shall excuse a student from
attending school for an absence due to a safety concern regarding
which a grievance filed by or on behalf of the student is pending
under Section 26.011. A student whose absence is excused under this
subsection may not be penalized for that absence and shall be
allowed a reasonable time to make up school work missed on those
days. If the student satisfactorily completes the school work, the
day of absence shall be counted as a day of compulsory attendance.
SECTION 9. This Act applies beginning with the 2025-2026
school year.
SECTION 10. Except as otherwise provided by this Act, 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.