Texas 2025 - 89th Regular

Texas Senate Bill SB812 Compare Versions

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

Old	New	Differences
1	1	89R5535 BCH-D
2	2	By: Hughes S.B. No. 812
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the grievance procedure in public schools.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter D, Chapter 11, Education Code, is
12	12	amended by adding Section 11.1517 to read as follows:
13	13	Sec. 11.1517. STANDARD GRIEVANCE PROCEDURE. (a) The
14	14	grievance procedure adopted under Section 11.1511(b)(13) must:
15	15	(1) provide for:
16	16	(A) a complaint to be filed in writing with the:
17	17	(i) principal of the campus at which a
18	18	student is enrolled or a school employee works;
19	19	(ii) principal of the campus closest to the
20	20	place of employment of a district employee who does not work at a
21	21	school; and
22	22	(iii) principal of the campus closest to
23	23	the home address of a member of the public;
24	24	(B) a determination to be issued by the principal
25	25	on the complaint not later than the 21st day after the date the
26	26	complaint is filed;
27	27	(C) if the principal does not grant the requested
28	28	relief, an appeal on written request to the school district
29	29	superintendent or the superintendent's designee that includes a
30	30	review of all documents considered by the principal;
31	31	(D) a determination to be issued by the
32	32	superintendent or the superintendent's designee not later than the
33	33	21st day after the date the appeal is filed;
34	34	(E) if the superintendent or the
35	35	superintendent's designee does not grant the requested relief, an
36	36	appeal on written request to the board of trustees of the district
37	37	that includes a review of all documents considered by the principal
38	38	and the superintendent or the superintendent's designee;
39	39	(F) a determination to be adopted by the board of
40	40	trustees of the district not later than the 60th day after the date
41	41	the appeal is filed; and
42	42	(G) if the board of trustees of the district does
43	43	not grant the requested relief, notice to the parent regarding the
44	44	parent's right to file an appeal with the commissioner under
45	45	Section 7.057; and
46	46	(2) be:
47	47	(A) posted in a prominent location on the
48	48	district's Internet website, along with instructions on how a
49	49	complaint may be filed; and
50	50	(B) provided to each district employee and to the
51	51	parent of each student enrolled in the district at the beginning of
52	52	each school year and on request.
53	53	(b) The agency shall:
54	54	(1) adopt a model grievance procedure for use by
55	55	school districts under this section; and
56	56	(2) post on the agency's Internet website a copy of the
57	57	model grievance policy and general guidelines regarding how a
58	58	complaint may be filed with a school district under this section or
59	59	appeal a district's decision under Section 7.057.
60	60	(c) A grievance procedure adopted under this section may not
61	61	require a complainant to file a complaint within a specified period
62	62	of time.
63	63	(d) The board of trustees of a school district is not
64	64	required to address a complaint that the board receives concerning
65	65	a student's participation in an extracurricular activity that does
66	66	not involve a violation of a right guaranteed by this chapter. This
67	67	section does not affect a claim brought by a parent under the
68	68	Individuals with Disabilities Education Act (20 U.S.C. Section 1400
69	69	et seq.) or a successor federal statute addressing special
70	70	education services for a child with a disability.
71	71	SECTION 2. Section 12.104(b), Education Code, is amended to
72	72	read as follows:
73	73	(b) An open-enrollment charter school is subject to:
74	74	(1) a provision of this title establishing a criminal
75	75	offense;
76	76	(2) the provisions in Chapter 554, Government Code;
77	77	and
78	78	(3) a prohibition, restriction, or requirement, as
79	79	applicable, imposed by this title or a rule adopted under this
80	80	title, relating to:
81	81	(A) the Public Education Information Management
82	82	System (PEIMS) to the extent necessary to monitor compliance with
83	83	this subchapter as determined by the commissioner;
84	84	(B) criminal history records under Subchapter C,
85	85	Chapter 22;
86	86	(C) reading instruments and accelerated reading
87	87	instruction programs under Section 28.006;
88	88	(D) accelerated instruction under Section
89	89	28.0211;
90	90	(E) high school graduation requirements under
91	91	Section 28.025;
92	92	(F) special education programs under Subchapter
93	93	A, Chapter 29;
94	94	(G) bilingual education under Subchapter B,
95	95	Chapter 29;
96	96	(H) prekindergarten programs under Subchapter E
97	97	or E-1, Chapter 29, except class size limits for prekindergarten
98	98	classes imposed under Section 25.112, which do not apply;
99	99	(I) extracurricular activities under Section
100	100	33.081;
101	101	(J) discipline management practices or behavior
102	102	management techniques under Section 37.0021;
103	103	(K) health and safety under Chapter 38;
104	104	(L) the provisions of Subchapter A, Chapter 39;
105	105	(M) public school accountability and special
106	106	investigations under Subchapters A, B, C, D, F, G, and J, Chapter
107	107	39, and Chapter 39A;
108	108	(N) the requirement under Section 21.006 to
109	109	report an educator's misconduct;
110	110	(O) intensive programs of instruction under
111	111	Section 28.0213;
112	112	(P) the right of a school employee to report a
113	113	crime, as provided by Section 37.148;
114	114	(Q) bullying prevention policies and procedures
115	115	under Section 37.0832;
116	116	(R) the right of a school under Section 37.0052
117	117	to place a student who has engaged in certain bullying behavior in a
118	118	disciplinary alternative education program or to expel the student;
119	119	(S) the right under Section 37.0151 to report to
120	120	local law enforcement certain conduct constituting assault or
121	121	harassment;
122	122	(T) a parent's right to information regarding the
123	123	provision of assistance for learning difficulties to the parent's
124	124	child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
125	125	(U) establishment of residency under Section
126	126	25.001;
127	127	(V) school safety requirements under Sections
128	128	37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085,
129	129	37.1086, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, and
130	130	37.2071 and Subchapter J, Chapter 37;
131	131	(W) the early childhood literacy and mathematics
132	132	proficiency plans under Section 11.185;
133	133	(X) the college, career, and military readiness
134	134	plans under Section 11.186; [and]
135	135	(Y) parental options to retain a student under
136	136	Section 28.02124; and
137	137	(Z) the standard grievance procedure under
138	138	Section 11.1517.
139	139	SECTION 3. Section 28.004(i-1), Education Code, is amended
140	140	to read as follows:
141	141	(i-1) A parent may use the grievance procedure adopted under
142	142	Section 11.1517 [26.011] concerning a complaint of a violation of
143	143	this section.
144	144	SECTION 4. Section 28.017(d), Education Code, is amended to
145	145	read as follows:
146	146	(d) If a school district does not comply with the
147	147	requirements of Subsection (c), a parent of a student enrolled in
148	148	the district may file a complaint in accordance with the district's
149	149	grievance procedure developed under Section 11.1517 [26.011].
150	150	SECTION 5. Section 28.0211(f-3), Education Code, is amended
151	151	to read as follows:
152	152	(f-3) The board of trustees of each school district shall
153	153	adopt a policy consistent with the grievance procedure adopted
154	154	under Section 11.1517 [26.011] to allow a parent to contest the
155	155	content or implementation of an accelerated education plan
156	156	developed under Subsection (f).
157	157	SECTION 6. Section 26.011, Education Code, is repealed.
158	158	SECTION 7. This Act applies beginning with the 2025-2026
159	159	school year.
160	160	SECTION 8. As soon as practicable and not later than
161	161	December 31, 2025, the commissioner of education shall adopt rules
162	162	regarding the grievance procedure in the public schools of this
163	163	state.
164	164	SECTION 9. This Act takes effect immediately if it receives
165	165	a vote of two-thirds of all the members elected to each house, as
166	166	provided by Section 39, Article III, Texas Constitution. If this
167	167	Act does not receive the vote necessary for immediate effect, this
168	168	Act takes effect September 1, 2025.