88R17178 KJE-D

By: Bell of Kaufman, Buckley, H.B. No. 3315

Harris of Anderson, Hefner, Dutton,

et al.

Substitute the following for H.B.

A BILL TO BE ENTITLED

AN ACT

relating to a school district's grievance procedure regarding complaints concerning violation of parental rights.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 26.011, Education Code, is amended by adding Subsections (c) and (d) to read as follows:

(c) The grievance procedure adopted under Subsection (a) must:

(1) provide for:

(A) a parent's complaint to be:

(i) filed in writing with the principal of the campus at which the parent's student is enrolled; and

(ii) considered timely regardless of when the conduct giving rise to the complaint occurred if the complaint alleges a violation of law or board policy that is continuous or ongoing;

(B) if the principal does not grant the requested relief, an appeal on written request to the district superintendent or the superintendent's designee that includes a review of all documents considered by the principal;

(C) if the superintendent or the superintendent's designee does not grant the requested relief, an appeal on written request to the board of trustees of the district that:

(i) includes a review of all documents considered by the principal and the superintendent or the superintendent's designee;

(ii) unless otherwise agreed to by the parties, must be finally decided not later than 120 calendar days after the date on which the request for the appeal was submitted; and

(iii) if a final decision is not rendered before the date described by Subparagraph (ii), requires the board to immediately render a final decision on the complaint in favor of the parent; and

(D) if the board of trustees of the district does not grant the requested relief, notice to the parent regarding the parent's right to file an appeal with the commissioner under Section 7.057; and

(2) be:

(A) posted in a prominent location on the district's Internet website, along with instructions on how a parent may file a complaint; and

(B) provided to the parent of each student enrolled in the district at the beginning of each school year and on request.

(d) The agency shall:

(1) adopt a model grievance procedure for use by school districts under this section; and

(2) post on the agency's Internet website a copy of the model grievance procedure and general guidelines regarding how a parent may file a complaint with a school district under this section or appeal a district's decision to the commissioner under Section 7.057.

SECTION 2. This Act applies beginning with the 2023-2024 school year.

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, 2023.