88R19514 BDP-F
 
  By: Bell of Kaufman, Buckley, H.B. No. 890
      Harris of Anderson, Hefner, Dutton,
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a process adopted by a school district regarding
  complaints and hearings on complaints.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 11.1511(b), Education Code, is amended
  to read as follows:
         (b)  The board shall:
               (1)  seek to establish working relationships with other
  public entities to make effective use of community resources and to
  serve the needs of public school students in the community;
               (2)  adopt a vision statement and comprehensive goals
  for the district and the superintendent and monitor progress toward
  those goals;
               (3)  establish performance goals for the district
  concerning:
                     (A)  the academic and fiscal performance
  indicators under Subchapters C, D, and J, Chapter 39; and
                     (B)  any performance indicators adopted by the
  district;
               (4)  ensure that the superintendent:
                     (A)  is accountable for achieving performance
  results;
                     (B)  recognizes performance accomplishments; and
                     (C)  takes action as necessary to meet performance
  goals;
               (5)  adopt a policy to establish a district- and
  campus-level planning and decision-making process as required
  under Section 11.251;
               (6)  publish an annual educational performance report
  as required under Section 39.306;
               (7)  adopt an annual budget for the district as
  required under Section 44.004;
               (8)  adopt a tax rate each fiscal year as required under
  Section 26.05, Tax Code;
               (9)  monitor district finances to ensure that the
  superintendent is properly maintaining the district's financial
  procedures and records;
               (10)  ensure that district fiscal accounts are audited
  annually as required under Section 44.008;
               (11)  publish an end-of-year financial report for
  distribution to the community;
               (12)  conduct elections as required by law;
               (13)  by rule, adopt a process through which district
  personnel, students or the parents or guardians of students, and
  members of the public may file a complaint and obtain a hearing from
  the district administrators and the board regarding the [a]
  complaint that must:
                     (A)  allow a complaint to be filed at any time
  regardless of when the conduct initially giving rise to the
  complaint occurred if the complaint alleges a violation of law or
  board policy that is continuous or ongoing;
                     (B)  unless otherwise provided by law, include:
                           (i)  an initial administrative hearing; and
                           (ii)  an opportunity to appeal the
  administrative decision following the initial hearing; 
                     (C)  unless otherwise agreed to by the parties,
  provide for a final decision on the complaint not later than 120
  calendar days after the date on which the complaint was filed; and
                     (D)  if a final decision on a complaint is not
  rendered before the 120th day after the date on which the complaint
  was filed, require the district to immediately render a final
  decision on the complaint in favor of the complainant;
               (14)  make decisions relating to terminating the
  employment of district employees employed under a contract to which
  Chapter 21 applies, including terminating or not renewing an
  employment contract to which that chapter applies; and
               (15)  carry out other powers and duties as provided by
  this code or other law.
         SECTION 2.  The board of trustees of a school district shall
  adopt a process for filing a complaint and obtaining a hearing in
  accordance with Section 11.1511(b), Education Code, as amended by
  this Act, as soon as practicable after the effective date of this
  Act.
         SECTION 3.  This Act takes effect September 1, 2023.