89R12426 KJE-F

By: Hickland H.B. No. 3222

A BILL TO BE ENTITLED

AN ACT

relating to school district policies, appeals to the commissioner of education, and reporting on settlement agreements entered into by a public school.

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

SECTION 1. Section 7.057, Education Code, is amended by amending Subsections (a) and (e) and adding Subsections (c-1) and (g) to read as follows:

(a) Except as provided by Subsection (e), a person may appeal in writing to the commissioner if the person is aggrieved by[:

[(1) the school laws of this state; or

[(2)] actions or decisions of any school district board of trustees that violate:

(1) [(A)] the school laws of this state; or

(2) [(B)] a provision of a written employment contract between the school district and a school district employee, if a violation causes or would cause monetary harm to the employee.

(c-1) In an appeal against a school district, the commissioner may:

(1) if the record is insufficient for the commissioner to resolve the appeal, remand the case to the district and order an investigation and development of the record; and

(2) if the commissioner determines that an action or decision of the district's board of trustees violated a law or provision described by Subsection (a):

(A) reverse the case or remand the case to the board of trustees for additional proceedings; and

(B) order the board of trustees to take corrective action the commissioner determines appropriate to remedy the violation.

(e) This section does not apply to:

(1) a case to which Subchapter G, Chapter 21, applies; [or]

(2) a case involving extracurricular activities; or

(3) a student disciplinary action under Chapter 37.

(g) The commissioner may adopt rules as necessary to implement this section.

SECTION 2. Subchapter C, Chapter 7, Education Code, is amended by adding Sections 7.0571 and 7.0572 to read as follows:

Sec. 7.0571. REMAND. (a) In an appeal against a school district under Section 7.057, the commissioner may remand the case to the district for rehearing under Chapter 26A if the commissioner determines that the appeal would have likely succeeded on the merits if not for:

(1) a fatal procedural error at the district level;

(2) failure to allege the correct statutory violation; or

(3) failure to develop necessary evidence at the district level.

(b) In remanding a case under Subsection (a), the commissioner may:

(1) identify specific issues or law for the school district to address; and

(2) alter the timelines provided under Chapter 26A.

(c) A case remanded under this section may be appealed again under Section 7.057, and the timelines established by that section apply to the appeal unless the commissioner provides for a shorter timeline.

(d) The commissioner may adopt rules as necessary to implement this section.

Sec. 7.0572. DISPUTE RESOLUTION FACILITATION. (a) The commissioner shall develop a program for the training and review of dispute resolution facilitators.

(b) The commissioner shall establish requirements for a person to qualify as a dispute resolution facilitator under this section.

(c) In an appeal against a school district under Section 7.057, the commissioner may refer to dispute resolution facilitation under this section a case involving a grievance by a parent of or person standing in parental relation to a student enrolled in the district arising from the parent's or person's status as a parent of or person standing in parental relation to the student if:

(1) the grievance does not allege:

(A) conduct described by Section 7.057(a) or (e); or

(B) conduct for which Title 1 or 2, other than Section 11.151(b), makes a specific decision of the district's board of trustees final and unappealable or not subject to review; and

(2) the commissioner determines that the district's conduct should be reviewed for substantial error that is apparent from the record.

(d) The commissioner shall appoint a dispute resolution facilitator to an appeal referred to dispute resolution facilitation under Subsection (c). A dispute resolution facilitator:

(1) shall:

(A) propose factual findings related to the grievance;

(B) consider information provided by the person who filed the grievance and the school district;

(C) facilitate a resolution between the person who filed the grievance and the school district; and

(D) if no resolution is possible, render a decision that includes findings of fact and conclusions of law; and

(2) may recommend a remand of the grievance or grant relief or redress to the person who filed the grievance in the same manner as the commissioner under Section 7.057.

(e) The commissioner may adopt or reject the final determination of a dispute resolution facilitator. If the commissioner rejects the determination, no decision on the matter is issued. If the commissioner adopts the determination, the determination is binding on the parties. A determination by the commissioner under this subsection is final and may not be appealed, including under Section 7.057(d).

(f) The school district against which the grievance was filed shall pay the cost of the dispute resolution facilitator, the hearing room, the certified court reporter at the hearing, and the production of any original hearing transcript.

(g) Section 7.057(a-1) applies to conduct that may be referred to dispute resolution facilitation under Subsection (c)(1).

(h) The commissioner may adopt rules as necessary to implement this section.

SECTION 3. Subchapter A, Chapter 11, Education Code, is amended by adding Section 11.004 to read as follows:

Sec. 11.004. COMPLIANCE WITH MANDATORY POLICY. A school district, the district's board of trustees, and the district's employees shall implement and comply with each policy the district is required to adopt under this code or other law.

SECTION 4. The heading to Section 11.1518, Education Code, is amended to read as follows:

Sec. 11.1518. TRUSTEE INFORMATION [POSTED ON WEBSITE].

SECTION 5. Section 11.1518, Education Code, is amended by amending Subsection (c) and adding Subsections (d) and (e) to read as follows:

(c) Not later than the 30th day after a new person is sworn in as a member [Each time there is a change in the membership] of a school district's board of trustees, the district shall update the information required under Subsection (a) and, as applicable:

(1) post the updated information on the district's Internet website; or

(2) submit the updated information to the agency for posting on the agency's Internet website in accordance with Subsection (b).

(d) A school district shall annually submit to the agency the information required under Subsection (a) for each member of the district's board of trustees. The information must:

(1) identify the member designated as chair; and

(2) be updated as required by Subsection (c).

(e) The commissioner may adopt rules as necessary to implement this section.

SECTION 6. Section 12A.004(a), Education Code, is amended to read as follows:

(a) A local innovation plan may not provide for the exemption of a district designated as a district of innovation from the following provisions of this title:

(1) a state or federal requirement applicable to an open-enrollment charter school operating under Subchapter D, Chapter 12;

(2) Subchapters A, C, D, and E, Chapter 11, except that a district may be exempt from Sections 11.1511(b)(5) and (14) and Section 11.162;

(3) the grievance policy under Chapter 26A;

(4) state curriculum and graduation requirements adopted under Chapter 28; and

(5) [(4)] academic and financial accountability and sanctions under Chapters 39 and 39A.

SECTION 7. Section 26.011(a), Education Code, is amended to read as follows:

(a) The board of trustees of each school district shall adopt a grievance procedure that complies with Chapter 26A under which the board shall address each complaint that the board receives concerning violation of a right guaranteed by this chapter.

SECTION 8. Subtitle E, Title 2, Education Code, is amended by adding Chapter 26A to read as follows:

CHAPTER 26A. GRIEVANCE POLICY

Sec. 26A.001. GRIEVANCE POLICY. (a) The board of trustees of a school district shall adopt a grievance policy to address grievances received by the district.

(b) The policy must provide for the following levels of review, subject to Subsection (c):

(1) review by:

(A) the principal of the school district campus at which the grievance is filed or the principal's designee; or

(B) for a grievance that arises from subject matter unrelated to a campus, an administrator at the school district's central office;

(2) if established by the policy, an appeal to an administrator at the school district's central office;

(3) an appeal to the superintendent of the school district or the superintendent's designee; and

(4) an appeal to the board of trustees of the school district.

(c) A review or appeal on a grievance must be conducted by a person with the authority to address the grievance unless a preliminary hearing is necessary to develop a record or a recommendation for the board of trustees of the school district.

(d) The board of trustees of a school district may delegate the authority to hear and decide a grievance to a committee of at least three members composed only of members of the board of trustees. For purposes of an appeal to the commissioner under Section 7.057, a decision by the committee is a decision of the board of trustees.

(e) The policy must:

(1) prohibit the board of trustees of the school district or a district employee from retaliating against a student or parent of or person standing in parental relation to a student who files a grievance in accordance with the policy;

(2) require a person involved in reviewing a grievance under the policy to recuse himself or herself from reviewing the grievance if the person is the subject of the grievance;

(3) provide for a higher level of review under Subsection (b) if the person who would otherwise review the grievance is required to recuse himself or herself under Subdivision (2);

(4) provide for the creation and retention of a record of each hearing on the grievance, including:

(A) documents submitted by the person who filed the grievance or determined relevant by school district personnel; and

(B) a written record of the decision, including an explanation of the basis for the decision and an indication of each document that supports the decision;

(5) allow the person who filed the grievance to supplement the record with additional documents or add additional claims;

(6) allow for a remand to a lower level of review under Subsection (b) to develop a record at any time, including at the board of trustees level of review;

(7) require the school district to direct a grievance that is filed with the incorrect administrator to the appropriate administrator and consider the grievance filed on the date on which the grievance was initially filed; and

(8) for a grievance before the board of trustees of the school district, require that:

(A) the person who filed the grievance be provided at least five business days before the date on which the meeting to discuss the grievance will be held a description of any information the board of trustees intends to rely on that is not contained in the record; and

(B) the meeting at which the grievance is discussed be recorded by video or audio recording or by transcript created by a certified court reporter.

Sec. 26A.002. TIMELINES FOR FILING AND APPEAL. The policy adopted under Section 26A.001 must:

(1) provide at least:

(A) for a grievance filed by a parent of or person standing in parental relation to a student enrolled in the school district:

(i) 60 days to file a grievance from the date on which the parent or person knew or had reason to know of the facts giving rise to the grievance; or

(ii) if the parent or person engaged in informal attempts to resolve the grievance, the later of 90 days to file a grievance from the date described by Subparagraph (i) or 30 days to file a grievance from the date on which the district provided information to the parent or person regarding how to file the grievance; and

(B) 20 days to file an appeal after the date on which a decision on the grievance was made;

(2) for a hearing that is not before the board of trustees of the school district, require:

(A) the district to hold a hearing not later than the 10th day after the date on which the grievance or appeal was filed; and

(B) a written decision to be made not later than the 20th day after the date on which the hearing was held that includes:

(i) any relief or redress to be provided; and

(ii) information regarding filing an appeal, including the timeline to appeal under this section and Section 7.057, if applicable; and

(3) for a hearing before the board of trustees of the school district, require the board of trustees to:

(A) hold a meeting to discuss the grievance not later than the 60th day after the date on which the previous decision on the grievance was made; and

(B) make a decision on the grievance not later than the 30th day after the date on which the meeting is held under Paragraph (A).

Sec. 26A.003. POSTING OF PROCEDURES AND FORMS. (a) The board of trustees of a school district shall develop, make publicly available in a prominent location on the district's Internet website, and include in the district's student handbook:

(1) procedures for resolving grievances;

(2) standardized forms for filing a grievance, a notice of appeal, or a request for a hearing under this chapter; and

(3) the method by which a grievance may be filed electronically.

(b) A school district shall ensure that a grievance may be submitted electronically at the location on the district's Internet website at which the information described by Subsection (a) is available.

(c) A school district shall submit and make accessible to the agency the location on the district's Internet website at which the information described by Subsection (a) is available.

SECTION 9. Subchapter Z, Chapter 44, Education Code, is amended by adding Section 44.909 to read as follows:

Sec. 44.909. REPORT ON SETTLEMENT AGREEMENTS. In accordance with commissioner rule, a school district or open-enrollment charter school shall report to the agency the amount of and the source of funding for each settlement agreement entered into by the district or school.

SECTION 10. Section 12A.004(a), Education Code, as amended by this Act, applies to a local innovation plan adopted or renewed before, on, or after the effective date of this Act.

SECTION 11. (a) Except as provided by Subsection (b) of this section, this Act applies beginning with the 2025-2026 school year.

(b) The changes in law made by this Act apply to an appeal filed with the commissioner of education on or after September 1, 2025. An appeal filed with the commissioner before September 1, 2025, is governed by the law in effect on the date the appeal was filed, and the former law is continued in effect for that purpose.

SECTION 12. 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, 2025.