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A BILL TO BE ENTITLED
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AN ACT
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relating to a school district's grievance procedure regarding |
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complaints concerning violation of parental rights. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 26.011, Education Code, is amended by |
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adding Subsections (c), (d), and (e) to read as follows: |
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(c) The grievance procedure adopted under Subsection (a) |
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must: |
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(1) provide for: |
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(A) a parent's complaint to be: |
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(i) filed in writing with the principal of |
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the campus at which the parent's student is enrolled; and |
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(ii) considered timely regardless of when |
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the conduct giving rise to the complaint occurred if the complaint |
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alleges a violation of law or board policy that is continuous or |
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ongoing; |
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(B) if the principal does not grant the requested |
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relief, an appeal on written request to the district superintendent |
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or the superintendent's designee that includes a review of all |
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documents considered by the principal; |
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(C) if the superintendent or the |
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superintendent's designee does not grant the requested relief, an |
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appeal on written request to the board of trustees of the district |
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that: |
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(i) includes a review of all documents |
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considered by the principal and the superintendent or the |
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superintendent's designee; |
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(ii) unless otherwise agreed to by the |
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parties, must be finally decided not later than 120 calendar days |
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after the date on which the request for the appeal was submitted; |
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and |
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(iii) if a final decision is not rendered |
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before the date described by Subparagraph (ii), requires the board |
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to immediately render a final decision on the complaint in favor of |
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the parent; and |
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(D) if the board of trustees of the district does |
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not grant the requested relief, notice to the parent regarding the |
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parent's right to file an appeal with the commissioner under |
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Section 7.057; and |
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(2) be: |
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(A) posted in a prominent location on the |
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district's Internet website, along with instructions on how a |
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parent may file a complaint; and |
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(B) provided in English and Spanish to the parent |
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of each student enrolled in the district at the beginning of each |
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school year and on request. |
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(d) The agency shall: |
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(1) adopt a model grievance procedure for use by |
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school districts under this section; and |
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(2) post on the agency's Internet website a copy of the |
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model grievance procedure and general guidelines regarding how a |
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parent may file a complaint with a school district under this |
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section or appeal a district's decision to the commissioner under |
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Section 7.057. |
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(e) If, during the investigation of a grievance, the board |
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of trustees of a school district discovers an unreported violation |
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of a right guaranteed by this chapter or board policy concerning |
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those rights, the board of trustees shall open a new investigation |
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into the unreported violation. |
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SECTION 2. This Act applies beginning with the 2023-2024 |
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school year. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |