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A BILL TO BE ENTITLED
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AN ACT
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relating to appeals regarding school laws and a school district's |
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grievance procedure regarding complaints concerning violation of |
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state education law or school district board of trustees policy. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) This section takes effect only if H.B. 1025, |
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89th Legislature, Regular Session, 2025, becomes law. |
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(b) Section 7.057, Education Code, is amended by amending |
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Subsections (a) and (c) and adding Subsection (c-1) to read as |
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follows: |
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(a) Except as provided by Subsection (e), a person may |
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appeal in writing to the inspector general [commissioner] if the |
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person is aggrieved by: |
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(1) the school laws of this state; or |
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(2) actions or decisions of any school district board |
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of trustees or open-enrollment charter school governing body that |
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violate: |
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(A) [the school laws of this] state or federal |
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law; [or] |
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(B) a policy adopted by a school district board |
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of trustees or open-enrollment charter school governing body; or |
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(C) a provision of a written employment contract |
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between the school district or open-enrollment charter school and a |
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[school] district or school employee, if a violation causes or |
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would cause monetary harm to the employee. |
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(c) In an appeal against a school district or |
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open-enrollment charter school, the inspector general |
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[commissioner] shall, not later than the 60th [240th] day after the |
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date the appeal is filed, issue a decision based on a review of the |
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record developed at the district or school level under a |
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substantial evidence standard of review. The parties to the appeal |
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may agree in writing to extend, by not more than seven [60] days, |
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the date by which the inspector general [commissioner] must issue a |
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decision under this subsection. The inspector general shall |
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provide a copy of the record to the person who filed the grievance |
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not later than the seventh day after the date on which the inspector |
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general receives the record. A school district's or |
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open-enrollment charter school's disclosure of the record to the |
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inspector general [commissioner] under this subsection is not an |
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offense under Section 551.146, Government Code. |
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(c-1) In an appeal against a school district or |
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open-enrollment charter school, the inspector general may find a |
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violation not raised by the person bringing the appeal. |
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SECTION 2. (a) This section takes effect only if H.B. 1025, |
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89th Legislature, Regular Session, 2025, does not become law. |
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(b) Section 7.057, Education Code, is amended by amending |
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Subsections (a) and (c) and adding Subsection (c-1) to read as |
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follows: |
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(a) Except as provided by Subsection (e), a person may |
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appeal in writing to the commissioner if the person is aggrieved by: |
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(1) the school laws of this state; or |
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(2) actions or decisions of any school district board |
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of trustees or open-enrollment charter school governing body that |
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violate: |
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(A) [the school laws of this] state or federal |
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law; [or] |
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(B) a policy adopted by a school district board |
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of trustees or open-enrollment charter school governing body; or |
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(C) a provision of a written employment contract |
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between the school district or open-enrollment charter school and a |
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[school] district or school employee, if a violation causes or |
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would cause monetary harm to the employee. |
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(c) In an appeal against a school district or |
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open-enrollment charter school, the commissioner shall, not later |
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than the 60th [240th] day after the date the appeal is filed, issue |
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a decision based on a review of the record developed at the district |
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or school level under a substantial evidence standard of review. |
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The parties to the appeal may agree in writing to extend, by not |
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more than seven [60] days, the date by which the commissioner must |
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issue a decision under this subsection. The commissioner shall |
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provide a copy of the record to the person who filed the grievance |
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not later than the seventh day after the date on which the |
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commissioner receives the record. A school district's or |
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open-enrollment charter school's disclosure of the record to the |
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commissioner under this subsection is not an offense under Section |
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551.146, Government Code. |
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(c-1) In an appeal against a school district or |
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open-enrollment charter school, the commissioner may find a |
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violation not raised by the person bringing the appeal. |
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SECTION 3. (a) This section takes effect only if H.B. 1025, |
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89th Legislature, Regular Session, 2025, becomes law. |
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(b) Section 7.057(f), Education Code, is amended by adding |
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Subdivision (3) to read as follows: |
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(3) "Inspector general" means the inspector general |
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appointed under Subchapter E, Chapter 7. |
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SECTION 4. 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) the grievance procedure required by Section |
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26.011; |
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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 5. Section 26.011, Education Code, is amended to |
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read as follows: |
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Sec. 26.011. GRIEVANCE PROCEDURE [COMPLAINTS]. (a) The |
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board of trustees of each school district shall adopt a grievance |
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procedure under which the board shall address each grievance |
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[complaint] that the board receives concerning a violation of a |
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right guaranteed by this chapter, of a board of trustees policy, or |
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of a provision of this title. |
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(b) The board of trustees of a school district is not |
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required by Subsection (a) or Section 11.1511(b)(13) to address a |
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grievance [complaint] that the board receives concerning a |
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student's participation in an extracurricular activity that does |
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not involve a violation of a right guaranteed by this chapter, of a |
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board of trustees policy, or of a provision of this title. This |
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subsection does not affect a claim brought by a parent under the |
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Individuals with Disabilities Education Act (20 U.S.C. Section 1400 |
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et seq.) or a successor federal statute addressing special |
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education services for a child with a disability. |
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(c) The grievance procedure adopted under Subsection (a) |
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must provide for: |
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(1) a grievance to be considered timely filed |
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regardless of when the conduct giving rise to the grievance |
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occurred; |
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(2) a copy of each grievance filed with the school |
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district and any supporting documentation to be provided to the |
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district's board of trustees not later than the seventh business |
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day after the date on which the grievance is filed; |
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(3) the board of trustees of the school district to be |
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represented with respect to grievances by separate, independent |
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legal counsel from the district who is not recommended, directed, |
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or assigned by the district; |
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(4) not more than three levels of review as follows: |
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(A) a review by the principal of the district |
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campus at which the grievance was filed that includes: |
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(i) a conference with the principal and the |
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person who filed the grievance, recorded by the principal or the |
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principal's designee and provided to the person who filed the |
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grievance, held not later than: |
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(a) the seventh business day after the |
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date on which the grievance is filed; or |
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(b) if the grievance regards a safety |
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concern, the second business day after the date on which the |
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grievance is filed; and |
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(ii) a written decision by the principal |
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and, if applicable, relief not later than the seventh business day |
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after the date on which the conference was held under Subparagraph |
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(i); |
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(B) if the requested relief was not granted or if |
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the principal did not timely provide a written decision under |
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Paragraph (A)(ii), an automatic appeal to the superintendent of the |
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district at which the grievance was filed that includes: |
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(i) a conference with the superintendent |
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and the person who filed the grievance, recorded by the |
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superintendent or the superintendent's designee and provided to the |
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person who filed the grievance, held not later than the seventh |
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business day after the date on which the appeal was initiated; and |
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(ii) a written decision by the |
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superintendent and, if applicable, relief not later than the |
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seventh business day after the date on which the conference was held |
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under Subparagraph (i); and |
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(C) if the requested relief was not granted or if |
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the superintendent did not timely provide a written decision under |
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Paragraph (B)(ii), an automatic appeal to the board of trustees of |
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the district that includes: |
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(i) a hearing on the grievance at a meeting |
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of the board of trustees, which must be: |
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(a) an open meeting if requested by |
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the person who filed the grievance; and |
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(b) recorded by audio or video |
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recording or by court reporter by the board of trustees, separate |
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from any other recording the board of trustees is required to make |
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of the meeting; |
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(ii) written notice of the proposed date, |
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time, and location of the hearing described by Subparagraph (i) |
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provided to the person who filed the grievance not later than the |
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seventh day after the date on which the appeal was initiated; |
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(iii) the consent of the person who filed |
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the grievance to the date and time of the hearing described by |
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Subparagraph (i); |
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(iv) the provision of all material, |
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including any video footage, the district will use at the hearing to |
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the person who filed the grievance not later than the third business |
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day before the date on which the hearing is held, redacted only as |
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authorized by law; and |
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(v) a written decision by the board of |
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trustees and, if applicable, relief, which may not include remand |
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to the district, not later than the seventh business day after the |
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date on which the hearing is held; |
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(5) the person who filed the grievance to be notified |
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before the conference or hearing, as applicable, of: |
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(A) the school district's legal representation; |
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(B) each attorney employed by or under contract |
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with the school district who was involved in the matter giving rise |
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to the grievance before the grievance was filed and the nature of |
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the attorney's involvement; and |
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(C) the person responsible for investigating the |
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grievance at each level of review described by Subdivision (4); |
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(6) except as provided by Subsection (d), the addition |
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of evidence to the record throughout the grievance procedure, |
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regardless of when the evidence was discovered; and |
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(7) for a grievance alleging a violation of law or a |
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board of trustees policy, the grievance to proceed directly to the |
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level of review described by Subdivision (4)(C). |
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(d) The board of trustees of a school district may not use at |
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a hearing described by Subsection (c)(4)(C)(i) any material not in |
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the record developed at the level of review described by Subsection |
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(c)(4)(A) or (B). |
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(e) Notwithstanding any other provision of this section, a |
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person involved in the matter that gave rise to a grievance, |
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including school district staff or legal counsel, may not |
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participate in the grievance procedure adopted under Subsection (a) |
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for that grievance. In the event of a conflict of interest |
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described by this subsection for a person required to hear the |
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grievance under Subsection (c)(4): |
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(1) the district must select a person who does not have |
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a conflict of interest to hear the grievance at the applicable level |
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of review; |
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(2) the person who filed the grievance may contest the |
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person selected under Subdivision (1) if the person who filed the |
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grievance believes the selected person is conflicted as described |
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by this subsection or was not chosen in good faith; and |
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(3) if the district and the person who filed the |
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grievance cannot agree on a person to hear the grievance, the |
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grievance must be heard by the board of trustees of the district in |
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accordance with Subsection (c)(4)(C). |
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(f) A school district may not require a person who files a |
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grievance to submit a desired relief for the grievance. If desired |
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relief is submitted by the person, the district must allow the |
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person to amend the desired relief during the grievance procedure. |
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(g) A member of a school district board of trustees may file |
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a grievance with the district. The member may not vote on matters |
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related to that grievance. |
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(h) If, during the investigation of a grievance, a school |
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district discovers an unreported violation of a right guaranteed by |
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this chapter, of board of trustees policy, or of a provision of this |
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title, the district shall open a new investigation into the |
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unreported violation. |
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(i) A school district may not be represented by an attorney |
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at a conference or hearing held under Subsection (c)(4) unless the |
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person who filed the grievance is represented by an attorney at the |
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conference or hearing. |
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(k) Each absence of a student due to a safety concern during |
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the pendency of a grievance filed by or on behalf of the student |
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regarding that safety concern is counted as two absences for |
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purposes of calculating a school district's average daily |
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attendance. |
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(l) The superintendent of a school district is responsible |
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for ensuring that the grievance procedure adopted under Subsection |
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(a) is followed and may not delegate that responsibility to another |
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person. If the State Board for Educator Certification determines |
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that a superintendent has not ensured that the grievance procedure |
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is followed, the board may: |
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(1) issue an inscribed reprimand to be placed on the |
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superintendent's certification records for a period of at least |
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five years; or |
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(2) revoke the superintendent's certification. |
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(m) At the beginning of each school year, a school district |
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shall provide to each student and the parent of each student |
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enrolled in the district written notice regarding the district's |
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grievance procedure adopted under Subsection (a). The notice: |
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(1) may not be combined with any other notice or |
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information provided to the parent; and |
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(2) must include a detailed description of the |
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grievance procedure, including the levels of review, any time |
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limits provided, and the manner in which the person assigned to hear |
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a grievance is selected. |
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(n) A school district shall post in a prominent location on |
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the district's Internet website the grievance procedure adopted |
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under Subsection (a) and instructions regarding how to file a |
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grievance. |
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(o) A school district shall provide to each person who files |
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a grievance an optional survey on the person's experience with and |
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satisfaction with the results of the grievance procedure adopted |
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under Subsection (a). |
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(p) Each school district shall include the following |
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information in the district's Public Education Information |
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Management System (PEIMS) report: |
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(1) data relating to grievances filed with the |
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district during the preceding school year, disaggregated by the |
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level of review described by Subsection (c)(4), including: |
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(A) the number of grievances filed; |
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(B) the subject matter of each grievance; |
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(C) the number of grievances dismissed; and |
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(D) the number of grievances for which relief was |
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granted; and |
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(2) the results of the survey submitted under |
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Subsection (o). |
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(q) The commissioner may adopt rules as necessary to |
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implement this section. |
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SECTION 6. (a) This section takes effect only if H.B. 1025, |
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89th Legislature, Regular Session, 2025, becomes law. |
|
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(b) Section 26.011, Education Code, as amended by this Act, |
|
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is amended by adding Subsections (j) and (r) to read as follows: |
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(j) A school district may not retaliate against a student or |
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parent who files a grievance or a student on whose behalf a |
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grievance is filed. If the inspector general determines that a |
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district has retaliated against a student or parent in violation of |
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this subsection: |
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(1) the inspector general shall: |
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(A) investigate the grievance, if the grievance |
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has not yet been resolved; |
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(B) require the district to preserve all district |
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records until the audit described by Paragraph (C) is completed; |
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(C) not later than the 30th day after the date on |
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which the determination was made, conduct an audit of the district; |
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(D) if the inspector general determines that a |
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district educator has retaliated against a student or parent in |
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violation of this subsection, report the educator to the State |
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Board for Educator Certification for investigation; and |
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(E) report the determination to the commissioner |
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for purposes of Subdivision (2); and |
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(2) the commissioner may withhold approval for the |
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guarantee of the district's bonds by the permanent school fund |
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under Subchapter C, Chapter 45. |
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(r) In this section, "inspector general" means the |
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inspector general appointed under Subchapter E, Chapter 7. |
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SECTION 7. (a) This section takes effect only if H.B. 1025, |
|
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89th Legislature, Regular Session, 2025, does not become law. |
|
|
(b) Section 26.011, Education Code, as amended by this Act, |
|
|
is amended by adding Subsection (j) to read as follows: |
|
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(j) A school district may not retaliate against a student or |
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parent who files a grievance or a student on whose behalf a |
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grievance is filed. If the agency determines that a district has |
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retaliated against a student or parent in violation of this |
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subsection: |
|
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(1) the agency shall: |
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(A) investigate the grievance, if the grievance |
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has not yet been resolved; |
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(B) require the district to preserve all district |
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records until the audit described by Paragraph (C) is completed; |
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(C) not later than the 30th day after the date on |
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which the determination was made, conduct an audit of the district; |
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and |
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(D) if the agency determines that a district |
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educator has retaliated against a student or parent in violation of |
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this subsection, report the educator to the State Board for |
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Educator Certification for investigation; and |
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(2) the commissioner may withhold approval for the |
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guarantee of the district's bonds by the permanent school fund |
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under Subchapter C, Chapter 45. |
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|
SECTION 8. Section 25.087, Education Code, is amended by |
|
|
adding Subsection (b-10) to read as follows: |
|
|
(b-10) A school district shall excuse a student from |
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attending school for an absence due to a safety concern regarding |
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which a grievance filed by or on behalf of the student is pending |
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under Section 26.011. A student whose absence is excused under this |
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subsection may not be penalized for that absence and shall be |
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allowed a reasonable time to make up school work missed on those |
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days. If the student satisfactorily completes the school work, the |
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day of absence shall be counted as a day of compulsory attendance. |
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SECTION 9. This Act applies beginning with the 2025-2026 |
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school year. |
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SECTION 10. Except as otherwise provided by this Act, this |
|
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Act takes effect immediately if it receives a vote of two-thirds of |
|
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all the members elected to each house, as provided by Section 39, |
|
|
Article III, Texas Constitution. If this Act does not receive the |
|
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vote necessary for immediate effect, this Act takes effect |
|
|
September 1, 2025. |