BILL ANALYSIS

 

 

 

C.S.H.B. 2151

By: King, Tracy O.

Public Education

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Interested parties assert that certain complaints concerning students' participation in extracurricular activities are harming the functionality of Texas school districts by causing the districts to waste a considerable amount of resources addressing claims that often have no legal basis. C.S.H.B. 2151 seeks to address this waste of resources.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

C.S.H.B. 2151 amends the Education Code to establish, beginning with the 2015–2016 school year, that the board of trustees of a school district is not required to address a complaint that the board receives concerning a student's participation in an extracurricular activity that does not involve a violation of a right guaranteed by statutory provisions relating to parental rights and responsibilities.

 

EFFECTIVE DATE

 

On passage, or, if the bill does not receive the necessary vote, September 1, 2015.

 

COMPARISON OF ORIGINAL AND SUBSTITUTE

 

While C.S.H.B. 2151 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.

 

INTRODUCED

HOUSE COMMITTEE SUBSTITUTE

SECTION 1. Section 26.011, Education Code, is amended to read as follows:

Sec. 26.011. COMPLAINTS. (a) The board of trustees of each school district shall adopt a grievance procedure under which the board shall address each complaint that the board receives concerning violation of a right guaranteed by this chapter.

(b) The board of trustees of a school district is not required by Subsection (a) to address a complaint that the board receives concerning a student's participation in an extracurricular activity that does not involve a violation of a right guaranteed by this chapter.

SECTION 1. Section 26.011, Education Code, is amended to read as follows:

Sec. 26.011. COMPLAINTS. (a) The board of trustees of each school district shall adopt a grievance procedure under which the board shall address each complaint that the board receives concerning violation of a right guaranteed by this chapter.

(b) The board of trustees of a school district is not required by Subsection (a) or Section 11.1511(b)(13) to address a complaint that the board receives concerning a student's participation in an extracurricular activity that does not involve a violation of a right guaranteed by this chapter.

SECTION 2. This Act applies beginning with the 2015-2016 school year.

SECTION 2. Same as introduced version.

 

SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2015.

SECTION 3. Same as introduced version.