89R5535 BCH-D
By: Hughes S.B. No. 812
A BILL TO BE ENTITLED
AN ACT
relating to the grievance procedure in public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 11, Education Code, is
amended by adding Section 11.1517 to read as follows:
Sec. 11.1517. STANDARD GRIEVANCE PROCEDURE. (a) The
grievance procedure adopted under Section 11.1511(b)(13) must:
(1) provide for:
(A) a complaint to be filed in writing with the:
(i) principal of the campus at which a
student is enrolled or a school employee works;
(ii) principal of the campus closest to the
place of employment of a district employee who does not work at a
school; and
(iii) principal of the campus closest to
the home address of a member of the public;
(B) a determination to be issued by the principal
on the complaint not later than the 21st day after the date the
complaint is filed;
(C) if the principal does not grant the requested
relief, an appeal on written request to the school district
superintendent or the superintendent's designee that includes a
review of all documents considered by the principal;
(D) a determination to be issued by the
superintendent or the superintendent's designee not later than the
21st day after the date the appeal is filed;
(E) if the superintendent or the
superintendent's designee does not grant the requested relief, an
appeal on written request to the board of trustees of the district
that includes a review of all documents considered by the principal
and the superintendent or the superintendent's designee;
(F) a determination to be adopted by the board of
trustees of the district not later than the 60th day after the date
the appeal is filed; and
(G) if the board of trustees of the district does
not grant the requested relief, notice to the parent regarding the
parent's right to file an appeal with the commissioner under
Section 7.057; and
(2) be:
(A) posted in a prominent location on the
district's Internet website, along with instructions on how a
complaint may be filed; and
(B) provided to each district employee and to the
parent of each student enrolled in the district at the beginning of
each school year and on request.
(b) The agency shall:
(1) adopt a model grievance procedure for use by
school districts under this section; and
(2) post on the agency's Internet website a copy of the
model grievance policy and general guidelines regarding how a
complaint may be filed with a school district under this section or
appeal a district's decision under Section 7.057.
(c) A grievance procedure adopted under this section may not
require a complainant to file a complaint within a specified period
of time.
(d) The board of trustees of a school district is not
required to address a 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. This
section 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.
SECTION 2. Section 12.104(b), Education Code, is amended to
read as follows:
(b) An open-enrollment charter school is subject to:
(1) a provision of this title establishing a criminal
offense;
(2) the provisions in Chapter 554, Government Code;
and
(3) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the commissioner;
(B) criminal history records under Subchapter C,
Chapter 22;
(C) reading instruments and accelerated reading
instruction programs under Section 28.006;
(D) accelerated instruction under Section
28.0211;
(E) high school graduation requirements under
Section 28.025;
(F) special education programs under Subchapter
A, Chapter 29;
(G) bilingual education under Subchapter B,
Chapter 29;
(H) prekindergarten programs under Subchapter E
or E-1, Chapter 29, except class size limits for prekindergarten
classes imposed under Section 25.112, which do not apply;
(I) extracurricular activities under Section
33.081;
(J) discipline management practices or behavior
management techniques under Section 37.0021;
(K) health and safety under Chapter 38;
(L) the provisions of Subchapter A, Chapter 39;
(M) public school accountability and special
investigations under Subchapters A, B, C, D, F, G, and J, Chapter
39, and Chapter 39A;
(N) the requirement under Section 21.006 to
report an educator's misconduct;
(O) intensive programs of instruction under
Section 28.0213;
(P) the right of a school employee to report a
crime, as provided by Section 37.148;
(Q) bullying prevention policies and procedures
under Section 37.0832;
(R) the right of a school under Section 37.0052
to place a student who has engaged in certain bullying behavior in a
disciplinary alternative education program or to expel the student;
(S) the right under Section 37.0151 to report to
local law enforcement certain conduct constituting assault or
harassment;
(T) a parent's right to information regarding the
provision of assistance for learning difficulties to the parent's
child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
(U) establishment of residency under Section
25.001;
(V) school safety requirements under Sections
37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085,
37.1086, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, and
37.2071 and Subchapter J, Chapter 37;
(W) the early childhood literacy and mathematics
proficiency plans under Section 11.185;
(X) the college, career, and military readiness
plans under Section 11.186; [and]
(Y) parental options to retain a student under
Section 28.02124; and
(Z) the standard grievance procedure under
Section 11.1517.
SECTION 3. Section 28.004(i-1), Education Code, is amended
to read as follows:
(i-1) A parent may use the grievance procedure adopted under
Section 11.1517 [26.011] concerning a complaint of a violation of
this section.
SECTION 4. Section 28.017(d), Education Code, is amended to
read as follows:
(d) If a school district does not comply with the
requirements of Subsection (c), a parent of a student enrolled in
the district may file a complaint in accordance with the district's
grievance procedure developed under Section 11.1517 [26.011].
SECTION 5. Section 28.0211(f-3), Education Code, is amended
to read as follows:
(f-3) The board of trustees of each school district shall
adopt a policy consistent with the grievance procedure adopted
under Section 11.1517 [26.011] to allow a parent to contest the
content or implementation of an accelerated education plan
developed under Subsection (f).
SECTION 6. Section 26.011, Education Code, is repealed.
SECTION 7. This Act applies beginning with the 2025-2026
school year.
SECTION 8. As soon as practicable and not later than
December 31, 2025, the commissioner of education shall adopt rules
regarding the grievance procedure in the public schools of this
state.
SECTION 9. 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.