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A BILL TO BE ENTITLED
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AN ACT
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relating to a private civil cause of action against a public school |
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for the violation of certain student or parental rights. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12A.004(a), Education Code, is amended |
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to read as follows: |
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(a) A local innovation plan may not provide for the |
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exemption of a district designated as a district of innovation from |
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the following provisions of this title: |
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(1) a state or federal requirement applicable to an |
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open-enrollment charter school operating under Subchapter D, |
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Chapter 12; |
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(2) Subchapters A, C, D, and E, Chapter 11, except that |
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a district may be exempt from Sections 11.1511(b)(5) and (14) and |
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Section 11.162; |
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(3) liability to suit under Section 26.018; |
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(4) state curriculum and graduation requirements |
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adopted under Chapter 28; and |
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(5) [(4)] academic and financial accountability and |
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sanctions under Chapters 39 and 39A. |
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SECTION 2. Chapter 26, Education Code, is amended by adding |
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Section 26.018 to read as follows: |
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Sec. 26.018. SUIT AGAINST PUBLIC SCHOOL AUTHORIZED. (a) To |
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further the mission and objectives of public education under |
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Section 4.001, the belief that parental involvement is necessary |
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for the maximum educational achievement of a child, and the state's |
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constitutional purpose of achieving a general diffusion of |
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knowledge, a parent of a student enrolled at a school district or |
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open-enrollment charter school may bring a civil action against the |
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district or school for: |
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(1) a violation of Section 1.002; |
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(2) a violation of this chapter; |
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(3) failure to employ an educator to teach a course in |
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which the student is enrolled, if required by law; |
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(4) the student's assignment to a campus that has been |
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assigned an unacceptable overall performance rating under Section |
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39.054 for the two preceding school years; or |
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(5) failure to involve the parent in any matter in |
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which the district or school is required to involve the parent as |
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provided by this code. |
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(b) A parent of a student who prevails in an action under |
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this section is entitled to recover, as applicable: |
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(1) actual damages; |
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(2) specific performance; |
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(3) injunctive relief; and |
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(4) court costs and reasonable attorney's fees. |
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(c) A parent of a student enrolled in a school district or |
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open-enrollment charter school is not required to exhaust |
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administrative remedies before bringing an action under this |
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section. |
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(d) Sovereign immunity to suit is waived and abolished to |
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the extent of liability created by this section. |
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SECTION 3. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |