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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of grievance boards with concurrent |
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jurisdiction over certain appeals involving the administration of |
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public education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 8, Education Code, is amended by adding |
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Subchapter F to read as follows: |
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SUBCHAPTER F. GRIEVANCE BOARDS |
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Sec. 8.201. DEFINITION. In this subchapter, "grievance |
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board" means a grievance board established under this subchapter by |
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the executive director of a regional education service center. |
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Sec. 8.202. ESTABLISHMENT. The executive director of each |
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regional education service center shall establish and operate a |
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grievance board. A grievance board shall exercise jurisdiction |
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only within the regional boundaries of the center, as established |
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by the commissioner under Section 8.001(c). |
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Sec. 8.203. COMPOSITION. A grievance board is composed of |
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five members appointed by the executive director of each regional |
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education service center as follows: |
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(1) one member who is a school administrator employed |
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by a school district served by the center; |
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(2) two members who are classroom teachers employed by |
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a school district served by the center; and |
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(3) two members who are parents of students attending |
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public schools located in a school district served by the center. |
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Sec. 8.204. DUTIES AND POWERS. (a) A person may appeal in |
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writing to a grievance board established under this subchapter a |
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grievance over which the board has jurisdiction in the same manner |
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in which an appeal is made to the commissioner under Section 7.057, |
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as provided by Subsection (b). |
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(b) A grievance board has concurrent jurisdiction with the |
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commissioner regarding a grievance that may be appealed under |
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Section 7.057 if: |
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(1) the person aggrieved resides within the regional |
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boundaries of the regional education service center; |
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(2) the grievance involves: |
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(A) an action or decision of the board of |
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trustees of a school district served by the regional education |
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service center; |
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(B) the school laws of this state; or |
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(C) a provision of a written employment contract |
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between a school district served by the regional education service |
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center and a school district employee, if the violation causes or |
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would cause monetary harm to the employee; and |
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(3) the person aggrieved appeals to the grievance |
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board not later than the 60th day after the person exhausts the |
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person's options under the grievance procedure established by the |
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board of trustees of a school district under Section 26.011. |
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(c) Except as provided by Subsection (d) and subject to |
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Subsection (e), a grievance board shall hold a hearing and issue a |
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decision without cost to the parties involved not later than the |
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60th day after the date an appeal is filed with the grievance board. |
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(d) Subject to Subsection (e), in an appeal involving the |
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actions or decisions of the board of trustees of a school district, |
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a grievance board shall, not later than the 90th day after the date |
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the appeal is filed, hold a hearing and issue a decision based on a |
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review of the record developed at the district level under a |
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substantial evidence standard of review. |
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(e) The parties to an appeal to a grievance board may agree |
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in writing to extend, by not more than 30 days, the period for a |
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hearing and decision under Subsection (c) or (d), as applicable. |
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(f) A grievance board may issue a decision only by the |
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majority vote of its members. |
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(g) A person is not required to appeal to a grievance board |
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before: |
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(1) appealing to the commissioner under Section 7.057; |
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or |
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(2) pursuing a remedy under a law: |
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(A) outside of Title 1 or this title to which |
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Title 1 or this title makes reference; or |
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(B) with which Title 1 or this title requires |
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compliance. |
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(h) A person may file an appeal either with a grievance |
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board established under this subchapter or with the commissioner |
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under Section 7.057, but may not file an appeal with respect to the |
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same grievance with both a grievance board and the commissioner. |
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Sec. 8.205. HEARINGS. In conducting a hearing under this |
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subchapter, each member of a grievance board has the same authority |
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relating to discovery and conduct of a hearing as a hearing examiner |
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has under Subchapter F, Chapter 21. |
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Sec. 8.206. OFFICERS. A grievance board shall elect from |
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among its members by a majority vote the chair of the board. The |
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chair serves a term of one year. |
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Sec. 8.207. TERM OF OFFICE. The board members serve |
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staggered terms of two years, with the terms of two members expiring |
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on January 1 of each even-numbered year and the terms of three |
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members expiring on January 1 of each odd-numbered year. |
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Sec. 8.208. GROUNDS FOR REMOVAL OF BOARD MEMBER. (a) It is |
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a ground for removal from a grievance board that a member: |
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(1) commits malfeasance of office; |
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(2) cannot, because of illness or disability, |
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discharge the member's duties for a substantial part of the member's |
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term; |
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(3) is absent from more than half of the regularly |
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scheduled board meetings that the member is eligible to attend |
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during a calendar year, unless the absence is excused by majority |
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vote of the board; |
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(4) does not have at the time of appointment the |
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qualifications required by Section 8.203; or |
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(5) does not maintain during service on the board the |
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qualifications required by Section 8.203. |
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(b) The validity of an action of a grievance board is not |
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affected by the fact that it was taken when a ground for removal of a |
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board member existed. |
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Sec. 8.209. COMPENSATION AND REIMBURSEMENT. A member of a |
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grievance board is not entitled to compensation from the regional |
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educational service center but is entitled to reimbursement with |
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center funds for necessary expenses incurred in performing duties |
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as a board member. |
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Sec. 8.210. JUDICIAL REVIEW. (a) A person aggrieved by a |
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board's decision may appeal to a district court with jurisdiction |
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over the county in which the regional education service center that |
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established the grievance board is located. |
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(b) If the aggrieved party is a school district, the appeal |
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may be filed in a district court with jurisdiction over the county |
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in which the school district is located. |
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(c) An appeal under this section must be made by serving the |
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board's chair with citation issued and served in the manner |
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provided by law for civil suits. The petition must state the action |
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or decision from which the appeal is taken. At trial, the court |
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shall determine all issues of law and fact, except as provided by |
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Section 33.081(g). |
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SECTION 2. (a) Not later than January 1, 2026, each |
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executive director of a regional education service center shall: |
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(1) provide for the establishment and operation of a |
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grievance board, as required by Section 8.202, Education Code, as |
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added by this Act; and |
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(2) appoint the members of the center's grievance |
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board, as required by Section 8.203, Education Code, as added by |
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this Act. |
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(b) A grievance board established under Subchapter F, |
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Chapter 8, Education Code, as added by this Act, may not take action |
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until a majority of the members of the board have taken office. |
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SECTION 3. This Act applies only to an appeal brought on or |
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after the effective date of this Act. An appeal brought before the |
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effective date of this Act is covered by the law in effect on the |
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date the appeal was brought, and the former law is continued in |
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effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2025. |