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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of an ombudsman for parents of |
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children enrolled in public school. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle E, Title 2, Education Code, is amended |
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by adding Chapter 26A to read as follows: |
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CHAPTER 26A. OMBUDSMAN |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 26A.001. DEFINITION. In this chapter, "ombudsman" |
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means the individual who has been appointed as the ombudsman under |
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this chapter. |
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SUBCHAPTER B. APPOINTMENT AND ADMINISTRATION |
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Sec. 26A.051. APPOINTMENT OF OMBUDSMAN. (a) The State |
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Board of Education shall appoint an ombudsman for parents of |
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children enrolled in public school to serve at the will of the |
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board. |
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(b) To be eligible for appointment as ombudsman, a person: |
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(1) must be: |
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(A) a resident of this state; and |
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(B) a parent of a child enrolled in a school |
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district or open-enrollment charter school; and |
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(2) may not be a current or former elected official. |
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(c) The ombudsman is administratively attached to the |
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agency. |
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(d) From money appropriated for the purpose, the ombudsman |
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may employ staff to assist the ombudsman in performing the |
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ombudsman's duties under this chapter. |
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Sec. 26A.052. COMMUNICATION AND CONFIDENTIALITY. (a) A |
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person may communicate with the ombudsman regarding a complaint by |
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telephone, mail, e-mail, or any other means the ombudsman |
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determines to be feasible, secure, and generally accessible. |
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(b) Information received by the ombudsman regarding a |
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complaint is confidential and not subject to disclosure under |
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Chapter 552, Government Code. The ombudsman shall maintain the |
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information in a manner that preserves the information's |
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confidentiality. |
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(c) The disclosure of confidential information to the |
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ombudsman under this chapter does not constitute a waiver of |
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confidentiality. Any information disclosed to the ombudsman under |
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this chapter remains confidential and privileged following |
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disclosure. |
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(d) This section does not prohibit the ombudsman from |
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communicating with the agency, the State Board of Education, or a |
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school district or open-enrollment charter school regarding |
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confidential information disclosed to the ombudsman by the agency, |
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board, district, or school. |
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Sec. 26A.053. PUBLIC OUTREACH. The ombudsman shall |
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collaborate with the agency to develop and implement an annual |
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outreach plan to promote awareness of the ombudsman among parents |
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of children enrolled in a school district or open-enrollment |
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charter school. |
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SUBCHAPTER C. DUTIES AND POWERS |
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Sec. 26A.101. DUTIES AND POWERS OF OMBUDSMAN. (a) The |
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ombudsman serves as a neutral party in assisting parents of |
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children enrolled in a school district or open-enrollment charter |
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school with complaints regarding issues involving the agency, the |
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State Board of Education, or a school district or open-enrollment |
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charter school. |
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(b) The ombudsman shall develop and implement statewide |
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procedures to: |
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(1) receive complaints from parents of children |
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enrolled in a school district or open-enrollment charter school |
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regarding unethical conduct or a violation of state or federal law |
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relating to public education or agency procedure or policy by: |
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(A) the agency, the State Board of Education, or |
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a school district or open-enrollment charter school; or |
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(B) an employee of the agency, the State Board of |
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Education, or a school district or open-enrollment charter school; |
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(2) review complaints filed with the ombudsman and |
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take appropriate action, including: |
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(A) conducting an investigation; and |
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(B) referring to the agency for resolution any |
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trends or systemic issues identified in complaints; |
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(3) provide any necessary assistance to parents of |
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children enrolled in a school district or open-enrollment charter |
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school in making complaints or reporting allegations of behavior |
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described by Subdivision (1); and |
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(4) ensure a parent of a child enrolled in a school |
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district or open-enrollment charter school who filed a complaint |
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receives a report on the results of any investigations conducted or |
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final determinations made regarding the complaint. |
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Sec. 26A.102. INVESTIGATION OF UNREPORTED VIOLATIONS. If, |
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during the investigation of a complaint, the ombudsman discovers |
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unreported unethical conduct or violations described by Section |
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26A.101(b)(1), the ombudsman shall open a new investigation for |
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each unreported occurrence of unethical conduct or violation. |
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Sec. 26A.103. RETALIATION PROHIBITED. (a) The agency, a |
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school district, or an open-enrollment charter school may not |
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retaliate against: |
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(1) a parent of a child enrolled in a school district |
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or open-enrollment charter school who in good faith makes a |
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complaint to the ombudsman; |
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(2) a child enrolled in a school district or |
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open-enrollment charter school whose parent in good faith makes a |
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complaint to the ombudsman; or |
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(3) any person, including an employee of the agency, |
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State Board of Education, district, or school, who in good faith |
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cooperates with the ombudsman in an investigation. |
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(b) The ombudsman shall collaborate with the agency to |
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establish consequences for a retaliatory action taken in violation |
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of this section. |
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Sec. 26A.104. ACCESS TO INFORMATION. The agency shall |
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provide the ombudsman access to the agency's records relating to a |
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complaint filed with the ombudsman under this chapter. |
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Sec. 26A.105. REPORTS. (a) The ombudsman shall issue and |
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file with the agency a report that contains the ombudsman's final |
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determinations regarding a complaint and any recommended |
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corrective actions to be taken as a result of the complaint. |
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(b) Notwithstanding Section 26A.052, the ombudsman may make |
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a report relating to an investigation of a complaint public after |
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the complaint is resolved. A report made public under this |
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subsection may not include information that identifies any person |
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involved in the complaint, including the complainant, a child, a |
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child's parent, or an employee of the agency, the State Board of |
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Education, a school district, or an open-enrollment charter school. |
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(c) Not later than December 1 of each year, the ombudsman |
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shall prepare and submit to the agency and the State Board of |
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Education a report on the ombudsman's work during the preceding |
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year. The report must include: |
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(1) a description of the ombudsman's work; |
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(2) any change made by the agency in response to a |
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substantiated complaint; |
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(3) a description of any trends in the nature of |
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complaints received by the ombudsman, any recommendations related |
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to addressing those trends, and an evaluation of the feasibility of |
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the ombudsman's recommendations; |
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(4) a glossary of terms used in the report; |
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(5) a description of the methods used to promote |
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awareness of the ombudsman under Section 26A.053 and the |
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ombudsman's outreach plan for the next year; and |
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(6) any public feedback received by the ombudsman |
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relating to the ombudsman's previous reports under this subsection. |
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(d) On receipt of the report required under Subsection (c), |
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the agency shall make the report publicly available on the agency's |
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Internet website. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, the State Board of Education shall appoint an ombudsman |
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under Chapter 26A, Education Code, as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2025. |