By Cook                                                H.B. No. 268
       74R1804 CAS-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to school district grievance procedures and to appeal of
    1-3  district and Central Education Agency decisions.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter A, Chapter 21, Education Code, is
    1-6  amended by adding Section 21.011 to read as follows:
    1-7        Sec. 21.011.  GRIEVANCES AND DISPUTES.  (a)  The board of
    1-8  trustees of each school district having 2,000 or more students in
    1-9  average daily attendance shall adopt a procedure in accordance with
   1-10  this section for review of local grievances and disputes.  A
   1-11  district having fewer than 2,000 students in average daily
   1-12  attendance may adopt a procedure in accordance with this section.
   1-13        (b)  The procedure must provide for either a committee of
   1-14  board members or a hearing officer appointed by the board to hear a
   1-15  local dispute or grievance arising under board policy or under a
   1-16  law or rule governing public schools, other than:
   1-17              (1)  a dispute or grievance arising from an action or
   1-18  decision of the board; or
   1-19              (2)  a dispute or grievance for which this code
   1-20  specifically provides another procedure, including the procedures
   1-21  provided under Sections 21.301 and 21.3011.
   1-22        (c)  A hearing officer may be a member of the board of
   1-23  trustees or another person who satisfies criteria adopted by the
   1-24  board.
    2-1        (d)  The procedure must provide for the committee or hearing
    2-2  officer to submit a record of the hearing and a proposal for
    2-3  decision to the board of trustees during a specified period after
    2-4  the hearing.
    2-5        (e)  Based on the record of the hearing, the board of
    2-6  trustees may adopt or modify a proposal for decision or reject the
    2-7  proposal for decision and substitute its own conclusion.  The board
    2-8  shall prepare a record containing the record of the hearing, the
    2-9  proposal for decision, a statement of the board's action on the
   2-10  proposal, and a statement of the basis for the board's action.
   2-11        (f)  A hearing held under this section must be recorded by a
   2-12  person certified under Chapter 52, Government Code.
   2-13        (g)  Except as otherwise specifically provided by this code,
   2-14  in the case of a local grievance or dispute in a school district
   2-15  that adopts a procedure under this section, a person must comply
   2-16  with the procedure and must exhaust the remedies provided by the
   2-17  review procedure before making an appeal.  In the case of a school
   2-18  district that does not adopt a procedure under this section, the
   2-19  board of trustees must provide for board review of a grievance or
   2-20  dispute filed with the board, and the person filing the grievance
   2-21  may appeal the board's decision.
   2-22        SECTION 2.  Subchapter B, Chapter 11, Education Code, is
   2-23  amended by adding Section 11.331 to read as follows:
   2-24        Sec. 11.331.  APPEAL TO REGIONAL BOARD OF DIRECTORS.  (a)
   2-25  The State Board of Education shall adopt a procedure in accordance
   2-26  with this section that the regional board of directors of each
   2-27  Regional Education Service Center shall use for review of an action
    3-1  or decision of a board of trustees.
    3-2        (b)  A person aggrieved by an action of the board of trustees
    3-3  of a school district on a proposal for decision under Section
    3-4  21.011 or, except as otherwise specifically provided by this code,
    3-5  aggrieved by another action or decision of the board may appeal the
    3-6  action or decision to the regional board of directors of the
    3-7  Regional Education Service Center serving the region in which the
    3-8  district is located.  Except as provided by Section 21.179, a
    3-9  policy adopted by a board of trustees is final and may not be
   3-10  appealed unless a person is claiming that the policy violates state
   3-11  or federal law.
   3-12        (c)  In making an appeal under Subsection (b), a person must
   3-13  comply with the procedure adopted by the State Board of Education
   3-14  and must submit:
   3-15              (1)  the record of any hearing the board of trustees
   3-16  held before making its decision or taking its action; or
   3-17              (2)  a statement of the board action or decision being
   3-18  appealed, if the board of trustees did not:
   3-19                    (A)  hold a hearing before taking that action or
   3-20  making that decision; or
   3-21                    (B)  maintain a record of the hearing.
   3-22        (d)  The regional board of directors of each Regional
   3-23  Education Service Center shall either appoint a person to serve as
   3-24  hearing officer or provide for an administrative law judge of the
   3-25  State Office of Administrative Hearings to serve as a hearing
   3-26  officer under this section.  The hearing officer shall review the
   3-27  record submitted under Subsection (c)(1) or hold a hearing on an
    4-1  action or decision being appealed for which there is no record.
    4-2        (e)  A person the regional board appoints as a hearing
    4-3  officer must satisfy the same eligibility qualifications as those
    4-4  required under Section 2003.041, Government Code, for employment as
    4-5  an administrative law judge.  A hearing officer has the same powers
    4-6  an administrative law judge has under Section 2003.042, Government
    4-7  Code.
    4-8        (f)  The procedure adopted by the State Board of Education
    4-9  must provide for the hearing officer to submit a record of any
   4-10  hearing held under this section and a proposal for decision to the
   4-11  regional board of directors during a specified period.  The
   4-12  proposal for decision must be based on the record submitted under
   4-13  Subsection (c)(1) or on the evidence presented at the hearing, as
   4-14  applicable.
   4-15        (g)  Based on the record submitted under Subsection (c)(1) or
   4-16  the record of the hearing, as applicable, the regional board of
   4-17  directors may adopt or modify the proposal for decision or reject
   4-18  the proposal for decision and substitute its own conclusion.  The
   4-19  board shall prepare a record containing the record of any hearing
   4-20  under this section, the proposal for decision, a statement of the
   4-21  board's action on the proposal, and a statement of the basis for
   4-22  the board's action.
   4-23        (h)  Review of a record submitted under Subsection (c)(1) is
   4-24  under the substantial evidence standard of review.  Review of an
   4-25  action or decision being appealed for which there is no record is
   4-26  by a hearing de novo and must be recorded by a person certified
   4-27  under Chapter 52, Government Code.
    5-1        (i)  A person aggrieved by an action or decision under this
    5-2  section may appeal to a district court in the county in which the
    5-3  Regional Education Service Center is located in the manner provided
    5-4  for judicial review of a contested case under Subchapter G, Chapter
    5-5  2001, Government Code.  Except as otherwise specifically provided
    5-6  by this code, review is by trial de novo.
    5-7        SECTION 3.  Section 11.13, Education Code, is amended to read
    5-8  as follows:
    5-9        Sec. 11.13.  APPEALS FROM ACTION OR DECISION OF AGENCY.
   5-10  <(a)  Except in cases of student disciplinary actions under Section
   5-11  21.301 or 21.3011 of this code, persons having any matter of
   5-12  dispute among them arising under the school laws of Texas or any
   5-13  person aggrieved by the school laws of Texas or by actions or
   5-14  decisions of any board of trustees or board of education may appeal
   5-15  in writing to the commissioner of education, who, after due notice
   5-16  to the parties interested, shall hold a hearing and render a
   5-17  decision without cost to the parties involved, but nothing
   5-18  contained in this section shall deprive any party of any legal
   5-19  remedy.>
   5-20        <(b)  Appeals by or on behalf of a student against a local
   5-21  school district shall be reviewed by the commissioner of education
   5-22  under a substantial evidence standard of review.>
   5-23        <(c)>  Any person<, county, or school district> aggrieved by
   5-24  any action or decision of the Central Education Agency <or decision
   5-25  of the commissioner of education> may appeal to a district court in
   5-26  Travis County, Texas.  Appeals shall be made by serving the
   5-27  commissioner of education with citation issued and served in the
    6-1  manner provided by law for civil suits.  The petition shall state
    6-2  the action or decision from which the appeal is taken.  Upon trial
    6-3  the court shall determine all issues of law and fact<, except as
    6-4  provided by Section 21.920(e) of this code>.
    6-5        SECTION 4.  Sections 21.3011(d)-(g), Education Code, are
    6-6  amended to read as follows:
    6-7        (d)  The superintendent of the school district <board> or the
    6-8  superintendent's <its> designee shall set a term for the expulsion,
    6-9  provided that:<.>
   6-10              (1)  the <The> expulsion may not extend beyond the end
   6-11  of the school year unless the conduct directly leading to the
   6-12  expulsion occurred during the final six-week reporting period of
   6-13  the school year, in which case the expulsion may extend beyond the
   6-14  end of the current school year but not beyond the end of the first
   6-15  semester of the next school year; and<.>
   6-16              (2)  a student <A pupil> who is to be expelled for the
   6-17  first time for possession, use, or for being under the influence of
   6-18  an alcoholic beverage as defined in this section may not be
   6-19  expelled beyond the end of the semester, unless the conduct
   6-20  directly leading to the expulsion occurred during the final
   6-21  six-week reporting period of a semester, which may result in
   6-22  expulsion not to extend beyond the end of the next regular
   6-23  semester.
   6-24        (e)  Before the expulsion, the superintendent of the school
   6-25  district <board> or the superintendent's <its> designee must
   6-26  provide the student a hearing at which the student is afforded
   6-27  appropriate due process as required by the federal constitution.
    7-1  The <If the> decision to expel a student <is made by the board's
    7-2  designee, the decision> may be appealed to either a committee of
    7-3  board members or a hearing officer appointed by the board of
    7-4  trustees in accordance with board rule.  The decision of the
    7-5  committee or hearing officer, as applicable, <board> may be
    7-6  appealed by trial de novo to a state district court of the county
    7-7  in which the school district's central administrative office is
    7-8  located.
    7-9        (f)  A teacher may remove from class and recommend for
   7-10  expulsion a student who engages in conduct for which a student may
   7-11  be expelled under Subsection (b) or (c) of this section.  If a
   7-12  teacher recommends a student for expulsion, the superintendent of
   7-13  the school district <board> or the superintendent's <its> designee
   7-14  shall conduct a hearing under Subsection (e) of this section.  If
   7-15  the superintendent <board> or the superintendent's <its> designee
   7-16  decides not to expel the student and the student is again
   7-17  recommended for expulsion by the teacher during the same school
   7-18  year, the hearing under Subsection (e) of this section may be
   7-19  conducted only by the superintendent of the school district
   7-20  <board>.
   7-21        (g)  The superintendent of the school district <board> or the
   7-22  superintendent's <its> designee shall deliver a copy of the order
   7-23  expelling the student to the student and the student's parent or
   7-24  guardian.  The superintendent <board> or the superintendent's <its>
   7-25  designee shall also deliver a copy of the order to the authorized
   7-26  officer of the juvenile court in the county in which the student
   7-27  resides.  The officer shall determine whether:
    8-1              (1)  a petition should be filed alleging that the
    8-2  student is in need of supervision or engaged in delinquent conduct;
    8-3  or
    8-4              (2)  the student should be referred to an appropriate
    8-5  state agency.
    8-6        SECTION 5.  Section 11.03(f), Education Code, is amended to
    8-7  read as follows:
    8-8        (f)  Actions of the board may be appealed as provided by
    8-9  Section 11.331 for an appeal of an action of a board of trustees of
   8-10  a school district <in writing to the commissioner of education,
   8-11  who, after due notice to the parties interested, shall hold a
   8-12  hearing and render a decision without cost to the parties involved,
   8-13  but nothing contained in this section shall deprive any party of
   8-14  any legal remedy.  The decision of the commissioner may be appealed
   8-15  to a district court in Travis County>.
   8-16        SECTION 6.  Section 11.061(f), Education Code, is amended to
   8-17  read as follows:
   8-18        (f)  Actions of the board may be appealed as provided by
   8-19  Section 11.331 for an appeal of an action of a board of trustees of
   8-20  a school district <in writing to the commissioner of education,
   8-21  who, after due notice to the parties interested, shall hold a
   8-22  hearing and render a decision without cost to the parties involved,
   8-23  but nothing contained in this section shall deprive any party of
   8-24  any legal remedy.  The decision of the commissioner may be appealed
   8-25  to a district court in Travis County>.
   8-26        SECTION 7.  Section 13.115, Education Code, is amended to
   8-27  read as follows:
    9-1        Sec. 13.115.  Appeals.  (a)  If the board of trustees
    9-2  discharges a teacher during the school year under Section 13.109(a)
    9-3  of this code or suspends a teacher without pay in lieu of discharge
    9-4  under Section 13.109(b)(2) of this code, the teacher shall have the
    9-5  right to appeal such action as provided by Section 11.331 of this
    9-6  code, except that <to the commissioner of education, for review by
    9-7  him, provided> notice of such appeal must be <is> filed with the
    9-8  board of trustees and a copy thereof mailed to the regional board
    9-9  of directors <commissioner> within 15 days after written notice of
   9-10  the action taken by the board of trustees shall be given to the
   9-11  teacher; or, the teacher may challenge the legality of such action
   9-12  by suit brought in the district court of any county in which such
   9-13  school district lies within 30 days after such notice of the action
   9-14  taken by the board of trustees has been given to the teacher.
   9-15        (b)  If the board of trustees shall order the continuing
   9-16  contract status of any teacher holding such a contract abrogated at
   9-17  the end of any school year and such teacher returned to
   9-18  probationary contract status, or if the board of trustees shall
   9-19  order that any teacher holding a continuing contract be dismissed
   9-20  at the end of the school year, or that any teacher holding a
   9-21  probationary contract shall be dismissed at the end of a school
   9-22  year before the end of the employment period covered by such
   9-23  probationary contract, the teacher affected by such order, after
   9-24  filing notice of appeal with the board of trustees, may appeal as
   9-25  provided by Section 11.331 of this code, except that  the teacher
   9-26  must mail <to the commissioner of education by mailing> a copy of
   9-27  the notice of appeal to the regional board of directors
   10-1  <commissioner> within 15 days after written notice of the action
   10-2  taken by the board of trustees has been given to the teacher.
   10-3        <(c)  Either party to an appeal to the commissioner shall
   10-4  have the right to appeal from his decision to a District Court in
   10-5  Travis County.>
   10-6        SECTION 8.  Section 13.503(d), Education Code, is amended to
   10-7  read as follows:
   10-8        (d)  A noncertified instructor may be terminated whenever the
   10-9  board of trustees determines that the best interests of the school
  10-10  district are served thereby.  A noncertified instructor does not
  10-11  acquire a property interest in continued employment in a school
  10-12  district and may not appeal a termination decision of a board of
  10-13  trustees <to the commissioner of education>.
  10-14        SECTION 9.  Section 17.96(h), Education Code, is amended to
  10-15  read as follows:
  10-16        (h)  In a county in which the county board of school trustees
  10-17  and the office of county school superintendent have been abolished,
  10-18  the appeal of a decision of a local school board required by law to
  10-19  be heard by the county school superintendent or the county board of
  10-20  school trustees shall be heard <by the commissioner of education>
  10-21  in the manner provided by Section 11.331 <11.13> of this code.
  10-22        SECTION 10.  Section 19.009(a), Education Code, is amended to
  10-23  read as follows:
  10-24        (a)  A decision of a commissioners court under this chapter
  10-25  may be appealed in writing to the commissioner of education <in the
  10-26  manner prescribed by Section 11.13 of this code>.  The commissioner
  10-27  shall hold a hearing and issue a decision without cost to the
   11-1  parties involved.
   11-2        SECTION 11.  Section 19.022(i), Education Code, is amended to
   11-3  read as follows:
   11-4        (i)  If the board of trustees of either affected district
   11-5  disapproves the petition, an aggrieved party to the proceedings in
   11-6  either district may appeal the board's decision in writing to the
   11-7  commissioner of education <under Section 11.13 of this code>.  An
   11-8  appeal under this subsection is de novo.  In deciding the appeal,
   11-9  the commissioner shall consider the educational interests of the
  11-10  students in the affected territory and the affected districts and
  11-11  the social, economic, and educational effects of the proposed
  11-12  boundary change.
  11-13        SECTION 12.  Section 19.0221(i), Education Code, is amended
  11-14  to read as follows:
  11-15        (i)  If the board of trustees of either affected district
  11-16  disapproves the petition, an aggrieved party to the proceedings in
  11-17  either district may appeal the board's decision in writing to the
  11-18  commissioner of education <under Section 11.13 of this code>.  An
  11-19  appeal under this subsection is de novo.  In deciding the appeal,
  11-20  the commissioner shall consider the educational interests of any
  11-21  future students expected to reside in the affected territory, the
  11-22  educational interests of students in the affected districts, and
  11-23  the social, economic, and educational effects of the proposed
  11-24  boundary change, as well as any material adverse economic effect on
  11-25  taxable property in the affected territory.
  11-26        SECTION 13.  Section 21.078(b), Education Code, is amended to
  11-27  read as follows:
   12-1        (b)  Whenever a hearing is requested, it shall be conducted
   12-2  by the board in compliance with the provisions of this section.
   12-3  Section 21.011 does not apply to a hearing under this section.
   12-4        SECTION 14.  Section 21.179, Education Code, is amended to
   12-5  read as follows:
   12-6        Sec. 21.179.  Appeals.  Appeals under Section 11.331 <to the
   12-7  commissioner of education and to a district court of Travis County>
   12-8  may be had from policy decisions of the school boards affecting
   12-9  transportation.
  12-10        SECTION 15.  Section 21.207, Education Code, is amended to
  12-11  read as follows:
  12-12        Sec. 21.207.  Appeal.  <(a)>  If the teacher is aggrieved by
  12-13  the decision of the board of trustees, he may appeal as provided by
  12-14  <to the State Commissioner of Education pursuant to> Section 11.331
  12-15  <11.13> of this code.  <The commissioner may not substitute his
  12-16  judgment for that of the board of trustees, unless the decision
  12-17  below was arbitrary, capricious, unlawful, or not supported by
  12-18  substantial evidence.>
  12-19        <(b)  Either party may appeal the commissioner's decision to
  12-20  a district court in Travis County.>
  12-21        SECTION 16.  Section 21.463, Education Code, is amended to
  12-22  read as follows:
  12-23        Sec. 21.463.  Appeals.  A parent of a student enrolled in a
  12-24  district offering bilingual education or special language programs
  12-25  may appeal <to the commissioner of education> under Section 11.331
  12-26  <11.13> of this code if the district fails to comply with the
  12-27  requirements of law or the rules of the State Board of Education.
   13-1  If the parent disagrees with the placement of the student in the
   13-2  program, he or she may file a grievance under Section 21.011 of
   13-3  this code <appeal that decision to the local board of trustees.
   13-4  Appeals shall be in accordance with procedures adopted by the State
   13-5  Board of Education consistent with the appeal of contested cases
   13-6  under the Administrative Procedure and Texas Register Act, as
   13-7  amended (Article 6252-13a, Vernon's Texas Civil Statutes)>.
   13-8        SECTION 17.  Section 21.920(e), Education Code, is amended to
   13-9  read as follows:
  13-10        (e)  Notwithstanding Section 11.331, the <An appeal to the
  13-11  commissioner of education is not a contested case under the
  13-12  Administrative Procedure and Texas Register Act (Article 6252-13a,
  13-13  Vernon's Texas Civil Statutes) if the issues presented relate to a
  13-14  student's eligibility to participate in extracurricular activities,
  13-15  including issues related to the student's grades or the school
  13-16  district's grading policy as applied to the student's eligibility.
  13-17  The commissioner may delegate the matter for decision to a person
  13-18  or entity the commissioner designates.  The> decision of the
  13-19  regional board of directors under that section <commissioner or the
  13-20  commissioner's designee> in a matter relating to a student's
  13-21  eligibility to participate in extracurricular activities, including
  13-22  a matter relating to the student's grades or the school district's
  13-23  grading policy as applied to the student's eligibility, <governed
  13-24  by this subsection> may not be appealed except on the grounds that
  13-25  the decision is arbitrary or capricious.  Evidence may not be
  13-26  introduced on appeal other than the record of the evidence before
  13-27  the regional board of directors <commissioner>.
   14-1        SECTION 18.  Section 22.08(f), Education Code, is amended to
   14-2  read as follows:
   14-3        (f)  The trustees of a common or common consolidated school
   14-4  district may dismiss teachers or other employees, but a teacher or
   14-5  other official dismissed shall have the right of appeal under
   14-6  Section 11.331 <to the commissioner of education>.
   14-7        SECTION 19.  Section 25.08(b), Education Code, is amended to
   14-8  read as follows:
   14-9        (b)  The board of trustees of a rural high school district
  14-10  shall have the right to be heard by the county board of school
  14-11  trustees relative to the classification of schools within the
  14-12  district and shall have the right of appeal from that
  14-13  classification under Section 11.331 <to the commissioner of
  14-14  education>.
  14-15        SECTION 20.  Section 36.011(a), Education Code, is amended to
  14-16  read as follows:
  14-17        (a)  Except as provided by Subchapter G, a decision of the
  14-18  commissioner under this chapter is appealable under Section 11.13
  14-19  <11.13(c)>.
  14-20        SECTION 21.  (a)  A school district required to adopt a
  14-21  grievance procedure under Section 21.011, Education Code, as added
  14-22  by this Act, shall adopt the procedure not later than January 1,
  14-23  1996.
  14-24        (b)  A local grievance or dispute filed on or after April 1,
  14-25  1996, in a district that is required to adopt a grievance procedure
  14-26  under Section 21.011, Education Code, as added by this Act, must be
  14-27  filed in compliance with the procedure.
   15-1        (c)  The State Board of Education shall adopt a review
   15-2  procedure in accordance with Section 11.331, Education Code, as
   15-3  added by this Act, not later than January 1, 1996.
   15-4        (d)  An appeal filed on or after April 1, 1996, from an
   15-5  action or decision of the board of trustees of a school district to
   15-6  which Section 11.331, Education Code, as added by this Act, applies
   15-7  must comply with the procedure adopted by the State Board of
   15-8  Education under that section.
   15-9        (e)  An appeal filed before April 1, 1996, under Section
  15-10  11.13, Education Code, as that section existed before amendment by
  15-11  this Act, shall be heard in accordance with that section as it
  15-12  existed before amendment by this Act, and the prior law is
  15-13  continued in effect for that purpose.
  15-14        (f)  Sections 21.3011(d)-(g), Education Code, as amended by
  15-15  this Act, apply beginning with the 1995-1996 school year.
  15-16        SECTION 22.  The importance of this legislation and the
  15-17  crowded condition of the calendars in both houses create an
  15-18  emergency and an imperative public necessity that the
  15-19  constitutional rule requiring bills to be read on three several
  15-20  days in each house be suspended, and this rule is hereby suspended,
  15-21  and that this Act take effect and be in force from and after its
  15-22  passage, and it is so enacted.