Texas 2025 - 89th Regular

Texas Senate Bill SB813 Compare Versions

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

Old	New	Differences
1	1	89R5534 BCH-D
2	2	By: Hughes S.B. No. 813
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the creation of grievance boards with concurrent
10	10	jurisdiction over certain appeals involving the administration of
11	11	public education.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Chapter 8, Education Code, is amended by adding
14	14	Subchapter F to read as follows:
15	15	SUBCHAPTER F. GRIEVANCE BOARDS
16	16	Sec. 8.201. DEFINITION. In this subchapter, "grievance
17	17	board" means a grievance board established under this subchapter by
18	18	the executive director of a regional education service center.
19	19	Sec. 8.202. ESTABLISHMENT. The executive director of each
20	20	regional education service center shall establish and operate a
21	21	grievance board. A grievance board shall exercise jurisdiction
22	22	only within the regional boundaries of the center, as established
23	23	by the commissioner under Section 8.001(c).
24	24	Sec. 8.203. COMPOSITION. A grievance board is composed of
25	25	five members appointed by the executive director of each regional
26	26	education service center as follows:
27	27	(1) one member who is a school administrator employed
28	28	by a school district served by the center;
29	29	(2) two members who are classroom teachers employed by
30	30	a school district served by the center; and
31	31	(3) two members who are parents of students attending
32	32	public schools located in a school district served by the center.
33	33	Sec. 8.204. DUTIES AND POWERS. (a) A person may appeal in
34	34	writing to a grievance board established under this subchapter a
35	35	grievance over which the board has jurisdiction in the same manner
36	36	in which an appeal is made to the commissioner under Section 7.057,
37	37	as provided by Subsection (b).
38	38	(b) A grievance board has concurrent jurisdiction with the
39	39	commissioner regarding a grievance that may be appealed under
40	40	Section 7.057 if:
41	41	(1) the person aggrieved resides within the regional
42	42	boundaries of the regional education service center;
43	43	(2) the grievance involves:
44	44	(A) an action or decision of the board of
45	45	trustees of a school district served by the regional education
46	46	service center;
47	47	(B) the school laws of this state; or
48	48	(C) a provision of a written employment contract
49	49	between a school district served by the regional education service
50	50	center and a school district employee, if the violation causes or
51	51	would cause monetary harm to the employee; and
52	52	(3) the person aggrieved appeals to the grievance
53	53	board not later than the 60th day after the person exhausts the
54	54	person's options under the grievance procedure established by the
55	55	board of trustees of a school district under Section 26.011.
56	56	(c) Except as provided by Subsection (d) and subject to
57	57	Subsection (e), a grievance board shall hold a hearing and issue a
58	58	decision without cost to the parties involved not later than the
59	59	60th day after the date an appeal is filed with the grievance board.
60	60	(d) Subject to Subsection (e), in an appeal involving the
61	61	actions or decisions of the board of trustees of a school district,
62	62	a grievance board shall, not later than the 90th day after the date
63	63	the appeal is filed, hold a hearing and issue a decision based on a
64	64	review of the record developed at the district level under a
65	65	substantial evidence standard of review.
66	66	(e) The parties to an appeal to a grievance board may agree
67	67	in writing to extend, by not more than 30 days, the period for a
68	68	hearing and decision under Subsection (c) or (d), as applicable.
69	69	(f) A grievance board may issue a decision only by the
70	70	majority vote of its members.
71	71	(g) A person is not required to appeal to a grievance board
72	72	before:
73	73	(1) appealing to the commissioner under Section 7.057;
74	74	or
75	75	(2) pursuing a remedy under a law:
76	76	(A) outside of Title 1 or this title to which
77	77	Title 1 or this title makes reference; or
78	78	(B) with which Title 1 or this title requires
79	79	compliance.
80	80	(h) A person may file an appeal either with a grievance
81	81	board established under this subchapter or with the commissioner
82	82	under Section 7.057, but may not file an appeal with respect to the
83	83	same grievance with both a grievance board and the commissioner.
84	84	Sec. 8.205. HEARINGS. In conducting a hearing under this
85	85	subchapter, each member of a grievance board has the same authority
86	86	relating to discovery and conduct of a hearing as a hearing examiner
87	87	has under Subchapter F, Chapter 21.
88	88	Sec. 8.206. OFFICERS. A grievance board shall elect from
89	89	among its members by a majority vote the chair of the board. The
90	90	chair serves a term of one year.
91	91	Sec. 8.207. TERM OF OFFICE. The board members serve
92	92	staggered terms of two years, with the terms of two members expiring
93	93	on January 1 of each even-numbered year and the terms of three
94	94	members expiring on January 1 of each odd-numbered year.
95	95	Sec. 8.208. GROUNDS FOR REMOVAL OF BOARD MEMBER. (a) It is
96	96	a ground for removal from a grievance board that a member:
97	97	(1) commits malfeasance of office;
98	98	(2) cannot, because of illness or disability,
99	99	discharge the member's duties for a substantial part of the member's
100	100	term;
101	101	(3) is absent from more than half of the regularly
102	102	scheduled board meetings that the member is eligible to attend
103	103	during a calendar year, unless the absence is excused by majority
104	104	vote of the board;
105	105	(4) does not have at the time of appointment the
106	106	qualifications required by Section 8.203; or
107	107	(5) does not maintain during service on the board the
108	108	qualifications required by Section 8.203.
109	109	(b) The validity of an action of a grievance board is not
110	110	affected by the fact that it was taken when a ground for removal of a
111	111	board member existed.
112	112	Sec. 8.209. COMPENSATION AND REIMBURSEMENT. A member of a
113	113	grievance board is not entitled to compensation from the regional
114	114	educational service center but is entitled to reimbursement with
115	115	center funds for necessary expenses incurred in performing duties
116	116	as a board member.
117	117	Sec. 8.210. JUDICIAL REVIEW. (a) A person aggrieved by a
118	118	board's decision may appeal to a district court with jurisdiction
119	119	over the county in which the regional education service center that
120	120	established the grievance board is located.
121	121	(b) If the aggrieved party is a school district, the appeal
122	122	may be filed in a district court with jurisdiction over the county
123	123	in which the school district is located.
124	124	(c) An appeal under this section must be made by serving the
125	125	board's chair with citation issued and served in the manner
126	126	provided by law for civil suits. The petition must state the action
127	127	or decision from which the appeal is taken. At trial, the court
128	128	shall determine all issues of law and fact, except as provided by
129	129	Section 33.081(g).
130	130	SECTION 2. (a) Not later than January 1, 2026, each
131	131	executive director of a regional education service center shall:
132	132	(1) provide for the establishment and operation of a
133	133	grievance board, as required by Section 8.202, Education Code, as
134	134	added by this Act; and
135	135	(2) appoint the members of the center's grievance
136	136	board, as required by Section 8.203, Education Code, as added by
137	137	this Act.
138	138	(b) A grievance board established under Subchapter F,
139	139	Chapter 8, Education Code, as added by this Act, may not take action
140	140	until a majority of the members of the board have taken office.
141	141	SECTION 3. This Act applies only to an appeal brought on or
142	142	after the effective date of this Act. An appeal brought before the
143	143	effective date of this Act is covered by the law in effect on the
144	144	date the appeal was brought, and the former law is continued in
145	145	effect for that purpose.
146	146	SECTION 4. This Act takes effect September 1, 2025.