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.