| 1 | 1 | | 89R12631 KJE-D |
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| 2 | 2 | | By: Shaheen H.B. No. 4292 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to appeals regarding school laws and a school district's |
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| 10 | 10 | | grievance procedure regarding complaints concerning violation of |
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| 11 | 11 | | state education law or school district board of trustees policy. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. (a) This section takes effect only if H.B. 1025, |
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| 14 | 14 | | 89th Legislature, Regular Session, 2025, becomes law. |
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| 15 | 15 | | (b) Section 7.057, Education Code, is amended by amending |
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| 16 | 16 | | Subsections (a) and (c) and adding Subsection (c-1) to read as |
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| 17 | 17 | | follows: |
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| 18 | 18 | | (a) Except as provided by Subsection (e), a person may |
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| 19 | 19 | | appeal in writing to the inspector general [commissioner] if the |
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| 20 | 20 | | person is aggrieved by: |
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| 21 | 21 | | (1) the school laws of this state; or |
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| 22 | 22 | | (2) actions or decisions of any school district board |
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| 23 | 23 | | of trustees or open-enrollment charter school governing body that |
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| 24 | 24 | | violate: |
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| 25 | 25 | | (A) [the school laws of this] state or federal |
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| 26 | 26 | | law; [or] |
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| 27 | 27 | | (B) a policy adopted by a school district board |
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| 28 | 28 | | of trustees or open-enrollment charter school governing body; or |
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| 29 | 29 | | (C) a provision of a written employment contract |
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| 30 | 30 | | between the school district or open-enrollment charter school and a |
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| 31 | 31 | | [school] district or school employee, if a violation causes or |
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| 32 | 32 | | would cause monetary harm to the employee. |
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| 33 | 33 | | (c) In an appeal against a school district or |
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| 34 | 34 | | open-enrollment charter school, the inspector general |
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| 35 | 35 | | [commissioner] shall, not later than the 60th [240th] day after the |
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| 36 | 36 | | date the appeal is filed, issue a decision based on a review of the |
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| 37 | 37 | | record developed at the district or school level under a |
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| 38 | 38 | | substantial evidence standard of review. The parties to the appeal |
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| 39 | 39 | | may agree in writing to extend, by not more than seven [60] days, |
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| 40 | 40 | | the date by which the inspector general [commissioner] must issue a |
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| 41 | 41 | | decision under this subsection. The inspector general shall |
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| 42 | 42 | | provide a copy of the record to the person who filed the grievance |
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| 43 | 43 | | not later than the seventh day after the date on which the inspector |
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| 44 | 44 | | general receives the record. A school district's or |
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| 45 | 45 | | open-enrollment charter school's disclosure of the record to the |
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| 46 | 46 | | inspector general [commissioner] under this subsection is not an |
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| 47 | 47 | | offense under Section 551.146, Government Code. |
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| 48 | 48 | | (c-1) In an appeal against a school district or |
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| 49 | 49 | | open-enrollment charter school, the inspector general may find a |
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| 50 | 50 | | violation not raised by the person bringing the appeal. |
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| 51 | 51 | | SECTION 2. (a) This section takes effect only if H.B. 1025, |
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| 52 | 52 | | 89th Legislature, Regular Session, 2025, does not become law. |
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| 53 | 53 | | (b) Section 7.057, Education Code, is amended by amending |
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| 54 | 54 | | Subsections (a) and (c) and adding Subsection (c-1) to read as |
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| 55 | 55 | | follows: |
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| 56 | 56 | | (a) Except as provided by Subsection (e), a person may |
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| 57 | 57 | | appeal in writing to the commissioner if the person is aggrieved by: |
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| 58 | 58 | | (1) the school laws of this state; or |
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| 59 | 59 | | (2) actions or decisions of any school district board |
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| 60 | 60 | | of trustees or open-enrollment charter school governing body that |
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| 61 | 61 | | violate: |
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| 62 | 62 | | (A) [the school laws of this] state or federal |
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| 63 | 63 | | law; [or] |
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| 64 | 64 | | (B) a policy adopted by a school district board |
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| 65 | 65 | | of trustees or open-enrollment charter school governing body; or |
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| 66 | 66 | | (C) a provision of a written employment contract |
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| 67 | 67 | | between the school district or open-enrollment charter school and a |
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| 68 | 68 | | [school] district or school employee, if a violation causes or |
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| 69 | 69 | | would cause monetary harm to the employee. |
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| 70 | 70 | | (c) In an appeal against a school district or |
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| 71 | 71 | | open-enrollment charter school, the commissioner shall, not later |
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| 72 | 72 | | than the 60th [240th] day after the date the appeal is filed, issue |
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| 73 | 73 | | a decision based on a review of the record developed at the district |
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| 74 | 74 | | or school level under a substantial evidence standard of review. |
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| 75 | 75 | | The parties to the appeal may agree in writing to extend, by not |
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| 76 | 76 | | more than seven [60] days, the date by which the commissioner must |
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| 77 | 77 | | issue a decision under this subsection. The commissioner shall |
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| 78 | 78 | | provide a copy of the record to the person who filed the grievance |
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| 79 | 79 | | not later than the seventh day after the date on which the |
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| 80 | 80 | | commissioner receives the record. A school district's or |
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| 81 | 81 | | open-enrollment charter school's disclosure of the record to the |
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| 82 | 82 | | commissioner under this subsection is not an offense under Section |
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| 83 | 83 | | 551.146, Government Code. |
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| 84 | 84 | | (c-1) In an appeal against a school district or |
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| 85 | 85 | | open-enrollment charter school, the commissioner may find a |
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| 86 | 86 | | violation not raised by the person bringing the appeal. |
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| 87 | 87 | | SECTION 3. (a) This section takes effect only if H.B. 1025, |
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| 88 | 88 | | 89th Legislature, Regular Session, 2025, becomes law. |
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| 89 | 89 | | (b) Section 7.057(f), Education Code, is amended by adding |
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| 90 | 90 | | Subdivision (3) to read as follows: |
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| 91 | 91 | | (3) "Inspector general" means the inspector general |
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| 92 | 92 | | appointed under Subchapter E, Chapter 7. |
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| 93 | 93 | | SECTION 4. Section 12A.004(a), Education Code, is amended |
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| 94 | 94 | | to read as follows: |
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| 95 | 95 | | (a) A local innovation plan may not provide for the |
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| 96 | 96 | | exemption of a district designated as a district of innovation from |
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| 97 | 97 | | the following provisions of this title: |
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| 98 | 98 | | (1) a state or federal requirement applicable to an |
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| 99 | 99 | | open-enrollment charter school operating under Subchapter D, |
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| 100 | 100 | | Chapter 12; |
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| 101 | 101 | | (2) Subchapters A, C, D, and E, Chapter 11, except that |
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| 102 | 102 | | a district may be exempt from Sections 11.1511(b)(5) and (14) and |
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| 103 | 103 | | Section 11.162; |
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| 104 | 104 | | (3) the grievance procedure required by Section |
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| 105 | 105 | | 26.011; |
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| 106 | 106 | | (4) state curriculum and graduation requirements |
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| 107 | 107 | | adopted under Chapter 28; and |
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| 108 | 108 | | (5) [(4)] academic and financial accountability and |
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| 109 | 109 | | sanctions under Chapters 39 and 39A. |
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| 110 | 110 | | SECTION 5. Section 26.011, Education Code, is amended to |
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| 111 | 111 | | read as follows: |
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| 112 | 112 | | Sec. 26.011. GRIEVANCE PROCEDURE [COMPLAINTS]. (a) The |
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| 113 | 113 | | board of trustees of each school district shall adopt a grievance |
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| 114 | 114 | | procedure under which the board shall address each grievance |
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| 115 | 115 | | [complaint] that the board receives concerning a violation of a |
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| 116 | 116 | | right guaranteed by this chapter, of a board of trustees policy, or |
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| 117 | 117 | | of a provision of this title. |
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| 118 | 118 | | (b) The board of trustees of a school district is not |
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| 119 | 119 | | required by Subsection (a) or Section 11.1511(b)(13) to address a |
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| 120 | 120 | | grievance [complaint] that the board receives concerning a |
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| 121 | 121 | | student's participation in an extracurricular activity that does |
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| 122 | 122 | | not involve a violation of a right guaranteed by this chapter, of a |
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| 123 | 123 | | board of trustees policy, or of a provision of this title. This |
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| 124 | 124 | | subsection does not affect a claim brought by a parent under the |
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| 125 | 125 | | Individuals with Disabilities Education Act (20 U.S.C. Section 1400 |
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| 126 | 126 | | et seq.) or a successor federal statute addressing special |
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| 127 | 127 | | education services for a child with a disability. |
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| 128 | 128 | | (c) The grievance procedure adopted under Subsection (a) |
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| 129 | 129 | | must provide for: |
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| 130 | 130 | | (1) a grievance to be considered timely filed |
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| 131 | 131 | | regardless of when the conduct giving rise to the grievance |
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| 132 | 132 | | occurred; |
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| 133 | 133 | | (2) a copy of each grievance filed with the school |
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| 134 | 134 | | district and any supporting documentation to be provided to the |
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| 135 | 135 | | district's board of trustees not later than the seventh business |
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| 136 | 136 | | day after the date on which the grievance is filed; |
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| 137 | 137 | | (3) the board of trustees of the school district to be |
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| 138 | 138 | | represented with respect to grievances by separate, independent |
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| 139 | 139 | | legal counsel from the district who is not recommended, directed, |
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| 140 | 140 | | or assigned by the district; |
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| 141 | 141 | | (4) not more than three levels of review as follows: |
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| 142 | 142 | | (A) a review by the principal of the district |
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| 143 | 143 | | campus at which the grievance was filed that includes: |
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| 144 | 144 | | (i) a conference with the principal and the |
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| 145 | 145 | | person who filed the grievance, recorded by the principal or the |
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| 146 | 146 | | principal's designee and provided to the person who filed the |
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| 147 | 147 | | grievance, held not later than: |
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| 148 | 148 | | (a) the seventh business day after the |
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| 149 | 149 | | date on which the grievance is filed; or |
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| 150 | 150 | | (b) if the grievance regards a safety |
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| 151 | 151 | | concern, the second business day after the date on which the |
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| 152 | 152 | | grievance is filed; and |
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| 153 | 153 | | (ii) a written decision by the principal |
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| 154 | 154 | | and, if applicable, relief not later than the seventh business day |
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| 155 | 155 | | after the date on which the conference was held under Subparagraph |
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| 156 | 156 | | (i); |
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| 157 | 157 | | (B) if the requested relief was not granted or if |
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| 158 | 158 | | the principal did not timely provide a written decision under |
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| 159 | 159 | | Paragraph (A)(ii), an automatic appeal to the superintendent of the |
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| 160 | 160 | | district at which the grievance was filed that includes: |
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| 161 | 161 | | (i) a conference with the superintendent |
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| 162 | 162 | | and the person who filed the grievance, recorded by the |
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| 163 | 163 | | superintendent or the superintendent's designee and provided to the |
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| 164 | 164 | | person who filed the grievance, held not later than the seventh |
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| 165 | 165 | | business day after the date on which the appeal was initiated; and |
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| 166 | 166 | | (ii) a written decision by the |
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| 167 | 167 | | superintendent and, if applicable, relief not later than the |
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| 168 | 168 | | seventh business day after the date on which the conference was held |
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| 169 | 169 | | under Subparagraph (i); and |
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| 170 | 170 | | (C) if the requested relief was not granted or if |
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| 171 | 171 | | the superintendent did not timely provide a written decision under |
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| 172 | 172 | | Paragraph (B)(ii), an automatic appeal to the board of trustees of |
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| 173 | 173 | | the district that includes: |
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| 174 | 174 | | (i) a hearing on the grievance at a meeting |
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| 175 | 175 | | of the board of trustees, which must be: |
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| 176 | 176 | | (a) an open meeting if requested by |
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| 177 | 177 | | the person who filed the grievance; and |
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| 178 | 178 | | (b) recorded by audio or video |
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| 179 | 179 | | recording or by court reporter by the board of trustees, separate |
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| 180 | 180 | | from any other recording the board of trustees is required to make |
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| 181 | 181 | | of the meeting; |
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| 182 | 182 | | (ii) written notice of the proposed date, |
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| 183 | 183 | | time, and location of the hearing described by Subparagraph (i) |
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| 184 | 184 | | provided to the person who filed the grievance not later than the |
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| 185 | 185 | | seventh day after the date on which the appeal was initiated; |
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| 186 | 186 | | (iii) the consent of the person who filed |
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| 187 | 187 | | the grievance to the date and time of the hearing described by |
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| 188 | 188 | | Subparagraph (i); |
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| 189 | 189 | | (iv) the provision of all material, |
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| 190 | 190 | | including any video footage, the district will use at the hearing to |
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| 191 | 191 | | the person who filed the grievance not later than the third business |
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| 192 | 192 | | day before the date on which the hearing is held, redacted only as |
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| 193 | 193 | | authorized by law; and |
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| 194 | 194 | | (v) a written decision by the board of |
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| 195 | 195 | | trustees and, if applicable, relief, which may not include remand |
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| 196 | 196 | | to the district, not later than the seventh business day after the |
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| 197 | 197 | | date on which the hearing is held; |
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| 198 | 198 | | (5) the person who filed the grievance to be notified |
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| 199 | 199 | | before the conference or hearing, as applicable, of: |
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| 200 | 200 | | (A) the school district's legal representation; |
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| 201 | 201 | | (B) each attorney employed by or under contract |
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| 202 | 202 | | with the school district who was involved in the matter giving rise |
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| 203 | 203 | | to the grievance before the grievance was filed and the nature of |
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| 204 | 204 | | the attorney's involvement; and |
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| 205 | 205 | | (C) the person responsible for investigating the |
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| 206 | 206 | | grievance at each level of review described by Subdivision (4); |
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| 207 | 207 | | (6) except as provided by Subsection (d), the addition |
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| 208 | 208 | | of evidence to the record throughout the grievance procedure, |
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| 209 | 209 | | regardless of when the evidence was discovered; and |
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| 210 | 210 | | (7) for a grievance alleging a violation of law or a |
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| 211 | 211 | | board of trustees policy, the grievance to proceed directly to the |
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| 212 | 212 | | level of review described by Subdivision (4)(C). |
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| 213 | 213 | | (d) The board of trustees of a school district may not use at |
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| 214 | 214 | | a hearing described by Subsection (c)(4)(C)(i) any material not in |
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| 215 | 215 | | the record developed at the level of review described by Subsection |
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| 216 | 216 | | (c)(4)(A) or (B). |
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| 217 | 217 | | (e) Notwithstanding any other provision of this section, a |
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| 218 | 218 | | person involved in the matter that gave rise to a grievance, |
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| 219 | 219 | | including school district staff or legal counsel, may not |
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| 220 | 220 | | participate in the grievance procedure adopted under Subsection (a) |
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| 221 | 221 | | for that grievance. In the event of a conflict of interest |
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| 222 | 222 | | described by this subsection for a person required to hear the |
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| 223 | 223 | | grievance under Subsection (c)(4): |
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| 224 | 224 | | (1) the district must select a person who does not have |
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| 225 | 225 | | a conflict of interest to hear the grievance at the applicable level |
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| 226 | 226 | | of review; |
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| 227 | 227 | | (2) the person who filed the grievance may contest the |
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| 228 | 228 | | person selected under Subdivision (1) if the person who filed the |
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| 229 | 229 | | grievance believes the selected person is conflicted as described |
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| 230 | 230 | | by this subsection or was not chosen in good faith; and |
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| 231 | 231 | | (3) if the district and the person who filed the |
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| 232 | 232 | | grievance cannot agree on a person to hear the grievance, the |
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| 233 | 233 | | grievance must be heard by the board of trustees of the district in |
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| 234 | 234 | | accordance with Subsection (c)(4)(C). |
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| 235 | 235 | | (f) A school district may not require a person who files a |
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| 236 | 236 | | grievance to submit a desired relief for the grievance. If desired |
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| 237 | 237 | | relief is submitted by the person, the district must allow the |
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| 238 | 238 | | person to amend the desired relief during the grievance procedure. |
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| 239 | 239 | | (g) A member of a school district board of trustees may file |
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| 240 | 240 | | a grievance with the district. The member may not vote on matters |
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| 241 | 241 | | related to that grievance. |
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| 242 | 242 | | (h) If, during the investigation of a grievance, a school |
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| 243 | 243 | | district discovers an unreported violation of a right guaranteed by |
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| 244 | 244 | | this chapter, of board of trustees policy, or of a provision of this |
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| 245 | 245 | | title, the district shall open a new investigation into the |
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| 246 | 246 | | unreported violation. |
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| 247 | 247 | | (i) A school district may not be represented by an attorney |
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| 248 | 248 | | at a conference or hearing held under Subsection (c)(4) unless the |
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| 249 | 249 | | person who filed the grievance is represented by an attorney at the |
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| 250 | 250 | | conference or hearing. |
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| 251 | 251 | | (k) Each absence of a student due to a safety concern during |
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| 252 | 252 | | the pendency of a grievance filed by or on behalf of the student |
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| 253 | 253 | | regarding that safety concern is counted as two absences for |
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| 254 | 254 | | purposes of calculating a school district's average daily |
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| 255 | 255 | | attendance. |
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| 256 | 256 | | (l) The superintendent of a school district is responsible |
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| 257 | 257 | | for ensuring that the grievance procedure adopted under Subsection |
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| 258 | 258 | | (a) is followed and may not delegate that responsibility to another |
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| 259 | 259 | | person. If the State Board for Educator Certification determines |
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| 260 | 260 | | that a superintendent has not ensured that the grievance procedure |
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| 261 | 261 | | is followed, the board may: |
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| 262 | 262 | | (1) issue an inscribed reprimand to be placed on the |
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| 263 | 263 | | superintendent's certification records for a period of at least |
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| 264 | 264 | | five years; or |
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| 265 | 265 | | (2) revoke the superintendent's certification. |
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| 266 | 266 | | (m) At the beginning of each school year, a school district |
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| 267 | 267 | | shall provide to each student and the parent of each student |
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| 268 | 268 | | enrolled in the district written notice regarding the district's |
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| 269 | 269 | | grievance procedure adopted under Subsection (a). The notice: |
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| 270 | 270 | | (1) may not be combined with any other notice or |
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| 271 | 271 | | information provided to the parent; and |
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| 272 | 272 | | (2) must include a detailed description of the |
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| 273 | 273 | | grievance procedure, including the levels of review, any time |
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| 274 | 274 | | limits provided, and the manner in which the person assigned to hear |
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| 275 | 275 | | a grievance is selected. |
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| 276 | 276 | | (n) A school district shall post in a prominent location on |
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| 277 | 277 | | the district's Internet website the grievance procedure adopted |
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| 278 | 278 | | under Subsection (a) and instructions regarding how to file a |
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| 279 | 279 | | grievance. |
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| 280 | 280 | | (o) A school district shall provide to each person who files |
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| 281 | 281 | | a grievance an optional survey on the person's experience with and |
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| 282 | 282 | | satisfaction with the results of the grievance procedure adopted |
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| 283 | 283 | | under Subsection (a). |
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| 284 | 284 | | (p) Each school district shall include the following |
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| 285 | 285 | | information in the district's Public Education Information |
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| 286 | 286 | | Management System (PEIMS) report: |
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| 287 | 287 | | (1) data relating to grievances filed with the |
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| 288 | 288 | | district during the preceding school year, disaggregated by the |
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| 289 | 289 | | level of review described by Subsection (c)(4), including: |
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| 290 | 290 | | (A) the number of grievances filed; |
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| 291 | 291 | | (B) the subject matter of each grievance; |
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| 292 | 292 | | (C) the number of grievances dismissed; and |
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| 293 | 293 | | (D) the number of grievances for which relief was |
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| 294 | 294 | | granted; and |
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| 295 | 295 | | (2) the results of the survey submitted under |
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| 296 | 296 | | Subsection (o). |
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| 297 | 297 | | (q) The commissioner may adopt rules as necessary to |
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| 298 | 298 | | implement this section. |
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| 299 | 299 | | SECTION 6. (a) This section takes effect only if H.B. 1025, |
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| 300 | 300 | | 89th Legislature, Regular Session, 2025, becomes law. |
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| 301 | 301 | | (b) Section 26.011, Education Code, as amended by this Act, |
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| 302 | 302 | | is amended by adding Subsections (j) and (r) to read as follows: |
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| 303 | 303 | | (j) A school district may not retaliate against a student or |
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| 304 | 304 | | parent who files a grievance or a student on whose behalf a |
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| 305 | 305 | | grievance is filed. If the inspector general determines that a |
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| 306 | 306 | | district has retaliated against a student or parent in violation of |
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| 307 | 307 | | this subsection: |
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| 308 | 308 | | (1) the inspector general shall: |
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| 309 | 309 | | (A) investigate the grievance, if the grievance |
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| 310 | 310 | | has not yet been resolved; |
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| 311 | 311 | | (B) require the district to preserve all district |
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| 312 | 312 | | records until the audit described by Paragraph (C) is completed; |
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| 313 | 313 | | (C) not later than the 30th day after the date on |
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| 314 | 314 | | which the determination was made, conduct an audit of the district; |
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| 315 | 315 | | (D) if the inspector general determines that a |
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| 316 | 316 | | district educator has retaliated against a student or parent in |
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| 317 | 317 | | violation of this subsection, report the educator to the State |
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| 318 | 318 | | Board for Educator Certification for investigation; and |
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| 319 | 319 | | (E) report the determination to the commissioner |
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| 320 | 320 | | for purposes of Subdivision (2); and |
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| 321 | 321 | | (2) the commissioner may withhold approval for the |
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| 322 | 322 | | guarantee of the district's bonds by the permanent school fund |
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| 323 | 323 | | under Subchapter C, Chapter 45. |
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| 324 | 324 | | (r) In this section, "inspector general" means the |
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| 325 | 325 | | inspector general appointed under Subchapter E, Chapter 7. |
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| 326 | 326 | | SECTION 7. (a) This section takes effect only if H.B. 1025, |
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| 327 | 327 | | 89th Legislature, Regular Session, 2025, does not become law. |
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| 328 | 328 | | (b) Section 26.011, Education Code, as amended by this Act, |
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| 329 | 329 | | is amended by adding Subsection (j) to read as follows: |
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| 330 | 330 | | (j) A school district may not retaliate against a student or |
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| 331 | 331 | | parent who files a grievance or a student on whose behalf a |
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| 332 | 332 | | grievance is filed. If the agency determines that a district has |
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| 333 | 333 | | retaliated against a student or parent in violation of this |
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| 334 | 334 | | subsection: |
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| 335 | 335 | | (1) the agency shall: |
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| 336 | 336 | | (A) investigate the grievance, if the grievance |
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| 337 | 337 | | has not yet been resolved; |
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| 338 | 338 | | (B) require the district to preserve all district |
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| 339 | 339 | | records until the audit described by Paragraph (C) is completed; |
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| 340 | 340 | | (C) not later than the 30th day after the date on |
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| 341 | 341 | | which the determination was made, conduct an audit of the district; |
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| 342 | 342 | | and |
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| 343 | 343 | | (D) if the agency determines that a district |
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| 344 | 344 | | educator has retaliated against a student or parent in violation of |
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| 345 | 345 | | this subsection, report the educator to the State Board for |
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| 346 | 346 | | Educator Certification for investigation; and |
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| 347 | 347 | | (2) the commissioner may withhold approval for the |
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| 348 | 348 | | guarantee of the district's bonds by the permanent school fund |
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| 349 | 349 | | under Subchapter C, Chapter 45. |
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| 350 | 350 | | SECTION 8. Section 25.087, Education Code, is amended by |
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| 351 | 351 | | adding Subsection (b-10) to read as follows: |
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| 352 | 352 | | (b-10) A school district shall excuse a student from |
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| 353 | 353 | | attending school for an absence due to a safety concern regarding |
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| 354 | 354 | | which a grievance filed by or on behalf of the student is pending |
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| 355 | 355 | | under Section 26.011. A student whose absence is excused under this |
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| 356 | 356 | | subsection may not be penalized for that absence and shall be |
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| 357 | 357 | | allowed a reasonable time to make up school work missed on those |
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| 358 | 358 | | days. If the student satisfactorily completes the school work, the |
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| 359 | 359 | | day of absence shall be counted as a day of compulsory attendance. |
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| 360 | 360 | | SECTION 9. This Act applies beginning with the 2025-2026 |
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| 361 | 361 | | school year. |
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| 362 | 362 | | SECTION 10. Except as otherwise provided by this Act, this |
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| 363 | 363 | | Act takes effect immediately if it receives a vote of two-thirds of |
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| 364 | 364 | | all the members elected to each house, as provided by Section 39, |
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| 365 | 365 | | Article III, Texas Constitution. If this Act does not receive the |
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| 366 | 366 | | vote necessary for immediate effect, this Act takes effect |
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| 367 | 367 | | September 1, 2025. |
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