Texas 2025 - 89th Regular

Texas Senate Bill SB2171 Compare Versions

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

Old	New	Differences
1	1	89R16127 KJE-D
2	2	By: Parker S.B. No. 2171
3	3
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5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to a public school's grievance procedure.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 26.011, Education Code, is amended to
12	12	read as follows:
13	13	Sec. 26.011. GRIEVANCES [COMPLAINTS]. (a) The board of
14	14	trustees of each school district shall adopt a grievance procedure
15	15	under which the board shall address each grievance [complaint] that
16	16	the board receives concerning violation of a right guaranteed by
17	17	this chapter.
18	18	(b) The board of trustees of a school district is not
19	19	required by Subsection (a) or Section 11.1511(b)(13) to address a
20	20	grievance [complaint] that the board receives concerning a
21	21	student's participation in an extracurricular activity that does
22	22	not involve a violation of a right guaranteed by this chapter. This
23	23	subsection does not affect a claim brought by a parent under the
24	24	Individuals with Disabilities Education Act (20 U.S.C. Section 1400
25	25	et seq.) or a successor federal statute addressing special
26	26	education services for a child with a disability.
27	27	(c) The grievance procedure adopted under Subsection (a)
28	28	must:
29	29	(1) require the school district to provide to a person
30	30	who files a grievance not later than the fifth business day after
31	31	the date on which the grievance is filed written notice of rights
32	32	and procedures for the grievance procedure that includes:
33	33	(A) clear instructions regarding how to:
34	34	(i) pursue a grievance with the principal
35	35	of the campus at which the grievance arose; and
36	36	(ii) file an appeal at each level of the
37	37	grievance procedure, including to the superintendent and the board
38	38	of trustees of the district and to the commissioner under Section
39	39	7.057; and
40	40	(B) contact information for each relevant
41	41	district employee or other person involved in the grievance
42	42	procedure;
43	43	(2) establish uniform timelines by which the school
44	44	district must respond to a grievance at each level of the grievance
45	45	procedure;
46	46	(3) provide that if the school district fails to
47	47	comply with the uniform timelines established under Subdivision
48	48	(2), the person who filed the grievance may automatically appeal to
49	49	the next level of the grievance procedure;
50	50	(4) provide that a school district employee's
51	51	disclosure of confidential student information in violation of
52	52	state or federal law, including the Family Educational Rights and
53	53	Privacy Act of 1974 (20 U.S.C. Section 1232g), is grounds for
54	54	disciplinary action against the employee;
55	55	(5) require mandatory training for school district
56	56	employees on the proper handling of confidential student
57	57	information in accordance with state and federal law, including the
58	58	Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
59	59	Section 1232g); and
60	60	(6) require the school district to:
61	61	(A) maintain the record for the grievance at each
62	62	level of the grievance procedure, including any notices sent to the
63	63	person who filed the grievance and any official decisions or
64	64	actions taken; and
65	65	(B) provide secure and timely access to the
66	66	record for the grievance to the person who filed the grievance.
67	67	(d) The agency shall develop a model form of a notice of
68	68	rights and procedures for use under Subsection (c)(1).
69	69	(e) If a grievance is appealed to the commissioner under
70	70	Section 7.057, the agency may:
71	71	(1) investigate an alleged violation of state or
72	72	federal law regarding the confidentiality of student information,
73	73	including the Family Educational Rights and Privacy Act of 1974 (20
74	74	U.S.C. Section 1232g), relating to the grievance;
75	75	(2) collaborate with relevant federal agencies in an
76	76	investigation described by Subdivision (1); and
77	77	(3) take any action necessary to compel the school
78	78	district, the board of trustees of the district, or a district
79	79	employee to comply with law described by Subdivision (1).
80	80	(f) Each school district shall annually submit to the agency
81	81	a report on grievances filed in the district during the preceding
82	82	year. The report must include for each grievance the resolution of
83	83	the grievance and any corrective action taken.
84	84	(g) Not later than December 1 of each year, the agency shall
85	85	post on the agency's Internet website a report on grievances filed
86	86	in school districts during the preceding year. The report must
87	87	aggregate the data statewide and state:
88	88	(1) the number of grievances filed;
89	89	(2) the number of grievances resolved and the
90	90	resolution of those grievances; and
91	91	(3) any corrective actions taken.
92	92	SECTION 2. Section 12.104(b), Education Code, is amended to
93	93	read as follows:
94	94	(b) An open-enrollment charter school is subject to:
95	95	(1) a provision of this title establishing a criminal
96	96	offense;
97	97	(2) the provisions in Chapter 554, Government Code;
98	98	and
99	99	(3) a prohibition, restriction, or requirement, as
100	100	applicable, imposed by this title or a rule adopted under this
101	101	title, relating to:
102	102	(A) the Public Education Information Management
103	103	System (PEIMS) to the extent necessary to monitor compliance with
104	104	this subchapter as determined by the commissioner;
105	105	(B) criminal history records under Subchapter C,
106	106	Chapter 22;
107	107	(C) reading instruments and accelerated reading
108	108	instruction programs under Section 28.006;
109	109	(D) accelerated instruction under Section
110	110	28.0211;
111	111	(E) high school graduation requirements under
112	112	Section 28.025;
113	113	(F) special education programs under Subchapter
114	114	A, Chapter 29;
115	115	(G) bilingual education under Subchapter B,
116	116	Chapter 29;
117	117	(H) prekindergarten programs under Subchapter E
118	118	or E-1, Chapter 29, except class size limits for prekindergarten
119	119	classes imposed under Section 25.112, which do not apply;
120	120	(I) extracurricular activities under Section
121	121	33.081;
122	122	(J) discipline management practices or behavior
123	123	management techniques under Section 37.0021;
124	124	(K) health and safety under Chapter 38;
125	125	(L) the provisions of Subchapter A, Chapter 39;
126	126	(M) public school accountability and special
127	127	investigations under Subchapters A, B, C, D, F, G, and J, Chapter
128	128	39, and Chapter 39A;
129	129	(N) the requirement under Section 21.006 to
130	130	report an educator's misconduct;
131	131	(O) intensive programs of instruction under
132	132	Section 28.0213;
133	133	(P) the right of a school employee to report a
134	134	crime, as provided by Section 37.148;
135	135	(Q) bullying prevention policies and procedures
136	136	under Section 37.0832;
137	137	(R) the right of a school under Section 37.0052
138	138	to place a student who has engaged in certain bullying behavior in a
139	139	disciplinary alternative education program or to expel the student;
140	140	(S) the right under Section 37.0151 to report to
141	141	local law enforcement certain conduct constituting assault or
142	142	harassment;
143	143	(T) a parent's right to information regarding the
144	144	provision of assistance for learning difficulties to the parent's
145	145	child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
146	146	(U) establishment of residency under Section
147	147	25.001;
148	148	(V) school safety requirements under Sections
149	149	37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085,
150	150	37.1086, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, and
151	151	37.2071 and Subchapter J, Chapter 37;
152	152	(W) the early childhood literacy and mathematics
153	153	proficiency plans under Section 11.185;
154	154	(X) the college, career, and military readiness
155	155	plans under Section 11.186; [and]
156	156	(Y) parental options to retain a student under
157	157	Section 28.02124; and
158	158	(Z) the grievance procedure under Section
159	159	26.011.
160	160	SECTION 3. This Act applies beginning with the 2025-2026
161	161	school year.
162	162	SECTION 4. This Act takes effect immediately if it receives
163	163	a vote of two-thirds of all the members elected to each house, as
164	164	provided by Section 39, Article III, Texas Constitution. If this
165	165	Act does not receive the vote necessary for immediate effect, this
166	166	Act takes effect September 1, 2025.