BILL ANALYSIS

 

 

Senate Research Center

H.B. 1669

 

By: King, Tracy O. (Zaffirini)

 

Education

 

5/16/2017

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Chapter 26, Education Code, lists the rights of parents, including their entitlement to access student records, state assessments, teaching materials, and school board meetings, as well as their right to information concerning their child and information concerning special education. This chapter also requires a school board to address each complaint it receives concerning a violation of parental rights included in this chapter. Interested stakeholders express concern that some parents use this chapter to file complaints regarding their children's participation in extracurricular activities, which is not a right granted under this chapter.

 

H.B. 1669 would clarify that a school board is not required to address a complaint that concerns a student's participation in an extracurricular activity so long as it does not violate rights guaranteed by Chapter 26, Education Code. The bill would not affect a claim based on federal statute.

 

H.B. 1669 amends current law relating to certain complaints concerning a student's participation in an extracurricular activity.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 26.011, Education Code, as follows:

 

Sec. 26.011. COMPLAINTS. (a) Creates this subsection from existing text and makes no further changes to this subsection.

 

(b) Provides that the board of trustees of a school district (board) is not required by Subsection (a) (relating to requiring the board of each school district to adopt a certain grievance procedure) or Section 11.1511(b)(13) (relating to requiring a board, by rule, to adopt a process for providing a hearing regarding certain complaints) 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 (Parental Rights and Responsibilities). Provides that this subsection does not affect a claim brought by a parent under the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.) or a successor federal statute addressing special education services for a child with a disability.

 

SECTION 2. Effective date: September 1, 2017.