Bill Text: TX HB4690 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the grievance procedure used by public schools to address complaints by students or parents.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-04-19 - Left pending in committee [HB4690 Detail]
Download: Texas-2023-HB4690-Introduced.html
88R9084 JES-F | ||
By: Dutton | H.B. No. 4690 |
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relating to the grievance procedure used by public schools to | ||
address complaints by students or parents. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 7.057(a), Education Code, is amended to | ||
read as follows: | ||
(a) Except as provided by Subsection (e), a person may | ||
appeal in writing to the commissioner a decision by a hearing | ||
examiner under Section 26A.006 or 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: | ||
(A) the school laws of this state; [ |
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(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; or | ||
(C) the grievance policy adopted by the school | ||
district under Section 26A.002. | ||
SECTION 2. Section 12.104(b), Education Code, as amended by | ||
Chapters 542 (S.B. 168), 887 (S.B. 1697), 915 (H.B. 3607), 974 (S.B. | ||
2081), and 1046 (S.B. 1365), Acts of the 87th Legislature, Regular | ||
Session, 2021, is reenacted and amended to read as follows: | ||
(b) An open-enrollment charter school is subject to: | ||
(1) a provision of this title establishing a criminal | ||
offense; | ||
(2) the provisions in Chapter 554, Government Code; | ||
and | ||
(3) a prohibition, restriction, or requirement, as | ||
applicable, imposed by this title or a rule adopted under this | ||
title, relating to: | ||
(A) the Public Education Information Management | ||
System (PEIMS) to the extent necessary to monitor compliance with | ||
this subchapter as determined by the commissioner; | ||
(B) criminal history records under Subchapter C, | ||
Chapter 22; | ||
(C) reading instruments and accelerated reading | ||
instruction programs under Section 28.006; | ||
(D) accelerated instruction under Section | ||
28.0211; | ||
(E) high school graduation requirements under | ||
Section 28.025; | ||
(F) special education programs under Subchapter | ||
A, Chapter 29; | ||
(G) bilingual education under Subchapter B, | ||
Chapter 29; | ||
(H) prekindergarten programs under Subchapter E | ||
or E-1, Chapter 29, except class size limits for prekindergarten | ||
classes imposed under Section 25.112, which do not apply; | ||
(I) extracurricular activities under Section | ||
33.081; | ||
(J) discipline management practices or behavior | ||
management techniques under Section 37.0021; | ||
(K) health and safety under Chapter 38; | ||
(L) the provisions of Subchapter A, Chapter 39; | ||
(M) public school accountability and special | ||
investigations under Subchapters A, B, C, D, F, G, and J, Chapter | ||
39, and Chapter 39A; | ||
(N) the requirement under Section 21.006 to | ||
report an educator's misconduct; | ||
(O) intensive programs of instruction under | ||
Section 28.0213; | ||
(P) the right of a school employee to report a | ||
crime, as provided by Section 37.148; | ||
(Q) bullying prevention policies and procedures | ||
under Section 37.0832; | ||
(R) the right of a school under Section 37.0052 | ||
to place a student who has engaged in certain bullying behavior in a | ||
disciplinary alternative education program or to expel the student; | ||
(S) the right under Section 37.0151 to report to | ||
local law enforcement certain conduct constituting assault or | ||
harassment; | ||
(T) a parent's right to information regarding the | ||
provision of assistance for learning difficulties to the parent's | ||
child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d); | ||
(U) establishment of residency under Section | ||
25.001; | ||
(V) school safety requirements under Sections | ||
37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.1141, 37.115, | ||
37.207, and 37.2071; | ||
(W) the early childhood literacy and mathematics | ||
proficiency plans under Section 11.185; | ||
(X) the college, career, and military readiness | ||
plans under Section 11.186; [ |
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(Y) [ |
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under Section 28.02124; and | ||
(Z) the grievance policy and procedure under | ||
Chapter 26A. | ||
SECTION 3. The heading to Section 26.011, Education Code, | ||
is amended to read as follows: | ||
Sec. 26.011. CERTAIN COMPLAINTS REGARDING EXTRACURRICULAR | ||
ACTIVITIES. | ||
SECTION 4. Section 26.011(b), Education Code, is amended to | ||
read as follows: | ||
(b) The board of trustees of a school district is not | ||
required by Section 26A.002 [ |
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11.1511(b)(13) to address a complaint that the board receives | ||
concerning a student's participation in an extracurricular | ||
activity that does not involve a violation of a right guaranteed by | ||
this chapter. This subsection does not affect a claim brought by a | ||
parent under the Individuals with Disabilities Education Act (20 | ||
U.S.C. Section 1400 et seq.) or a successor federal statute | ||
addressing special education services for a child with a | ||
disability. | ||
SECTION 5. Subtitle E, Title 2, Education Code, is amended | ||
by adding Chapter 26A to read as follows: | ||
CHAPTER 26A. GRIEVANCE POLICY | ||
Sec. 26A.001. DEFINITIONS. In this chapter: | ||
(1) "Complainant" means a student or the parent of a | ||
student, or both a student and the parent of the student, enrolled | ||
in a school district in this state who files a complaint with the | ||
student's school for the redress of a grievance under Section | ||
26A.003. | ||
(2) "Parent" includes a person standing in parental | ||
relation to a student. | ||
(3) "Superintendent" includes a superintendent's | ||
designee. | ||
Sec. 26A.002. GRIEVANCE POLICY. (a) The board of trustees | ||
of a school district shall adopt a grievance policy that provides | ||
multiple levels of review to address a grievance that becomes the | ||
subject of a complaint filed by a student or the parent of a student | ||
in the district in accordance with the requirements of this | ||
chapter. The grievance policy must: | ||
(1) require a complaint to be filed and addressed at | ||
each level of review in accordance with the requirements of this | ||
chapter; | ||
(2) require the district to provide the policy to each | ||
student and parent of a student in the district at the beginning of | ||
each school year; | ||
(3) prohibit the board of trustees of a district or a | ||
district employee from retaliating against a student or parent who | ||
files a complaint in accordance with the policy; | ||
(4) require a student or parent with multiple | ||
grievances arising out of a single event or series of related events | ||
to address all of the grievances in a single complaint; | ||
(5) permit any notice, form, or decision required by | ||
this chapter to be written to be submitted or sent electronically; | ||
(6) require the board of trustees, district employees, | ||
and a complainant to strictly comply with the deadlines provided by | ||
this chapter, including by permitting the district to dismiss a | ||
complaint by providing written notice to the complainant if the | ||
complaint form or a notice of appeal, as applicable, is not filed in | ||
compliance with the required deadline; and | ||
(7) for a withdrawal of a complaint: | ||
(A) permit a complainant to withdraw a complaint | ||
at any time; | ||
(B) prohibit a withdrawn complaint from being | ||
refiled or reopened unless approved by the district; and | ||
(C) permit the district to withdraw a complaint | ||
if the complainant fails to pursue the complaint or is determined by | ||
the district to be unreasonably extending the process of resolving | ||
the complaint. | ||
(b) The grievance policy adopted by a board of trustees | ||
under Subsection (a) must provide that a complainant whose | ||
complaint is dismissed under Subsection (a)(6) may appeal the | ||
dismissal by submitting a notice of appeal to the school district | ||
that dismissed the complaint in writing not later than the 10th | ||
business day after the date the complaint is dismissed. An appeal | ||
under this subsection is limited to whether the complainant | ||
strictly complied with the applicable deadline. | ||
(c) The grievance policy adopted by a board of trustees | ||
under Subsection (a) must require that a complainant participate in | ||
each level of review provided by the policy in accordance with this | ||
chapter. If the complainant is unable to attend a conference | ||
required by the policy, the complainant must provide notice to the | ||
principal of the school at which the complaint is filed for a level | ||
one conference or to the superintendent of the school district in | ||
which the complaint is filed for a level two conference not less | ||
than three business days before the date of the applicable | ||
conference to: | ||
(1) allow another to appear at the conference on the | ||
complainant's behalf; or | ||
(2) postpone the conference. | ||
Sec. 26A.003. LEVEL ONE: ACTION BY PRINCIPAL. (a) A student | ||
or the parent of a student who has a grievance against the school | ||
district campus at which the student is enrolled may file a | ||
complaint containing the grievance with the principal of the campus | ||
on the form developed and made available under Section 26A.007 not | ||
later than the 15th business day after the date on which the student | ||
or parent knew or had reason to know of the event giving rise to the | ||
grievance. | ||
(b) The complainant must include with the complaint form a | ||
copy of each document the complainant believes supports the | ||
complaint, or if the complainant is not able to provide a copy of a | ||
supporting document, present the document at the level one | ||
conference required under Subsection (d)(2). A complainant may not | ||
submit a new document to support a complaint after the level one | ||
conference unless: | ||
(1) the document did not exist or the complainant did | ||
not know the document existed before the level one conference; or | ||
(2) the complainant learned of new information after | ||
the level one conference that made relevant a previously irrelevant | ||
document. | ||
(c) A principal may designate a person as the principal's | ||
designee for purposes of receiving or addressing a complaint filed | ||
under this section if the person designated has the authority | ||
necessary to remedy the grievance in the filed complaint. | ||
(d) The principal or the principal's designee shall: | ||
(1) investigate the grievance alleged in the | ||
complaint; | ||
(2) not later than the 10th business day after the | ||
complaint is filed, hold a level one conference with the person who | ||
filed the complaint; | ||
(3) consider, in reaching a decision regarding the | ||
complaint, information provided in the level one conference and any | ||
other relevant information the principal or designee believes may | ||
assist in resolving the complaint; and | ||
(4) provide the complainant a written level one | ||
decision regarding the complaint, including any relief or redress | ||
planned by the principal or principal's designee in response to the | ||
grievance alleged in the complaint, not later than the 10th | ||
business day after the date of the conference. | ||
(e) The principal or principal's designee may set a | ||
reasonable maximum duration for a level one conference held under | ||
this section. | ||
(f) A principal shall record a level one conference held | ||
under this section and maintain the recording with the level one | ||
record. | ||
Sec. 26A.004. LEVEL TWO: ACTION BY SUPERINTENDENT. (a) A | ||
complainant may appeal to a level two conference with the | ||
superintendent of the school district of the campus in which the | ||
complaint was filed under Section 26A.003 if: | ||
(1) the level one decision does not resolve the | ||
complaint in the manner requested by the complainant; or | ||
(2) the principal of the campus at which the complaint | ||
was filed or the principal's designee designated under Section | ||
26A.003(c) did not provide the complainant a level one decision by | ||
the date required under Section 26A.003(d)(4). | ||
(b) To request a level two conference, the complainant must | ||
submit a notice of appeal on the form developed and made available | ||
under Section 26A.007 to the principal of the campus at which the | ||
complaint was filed not later than the 10th business day after | ||
either the date the level one decision was provided to the | ||
complainant or the date the level one decision was required to be | ||
provided to the complainant under Section 26A.003(d)(4). | ||
(c) On receiving a notice of appeal under Subsection (b), | ||
the principal shall prepare and submit to the superintendent of the | ||
school district and the complainant a level one record including: | ||
(1) the original complaint submitted under Section | ||
26A.003, including each document submitted with the complaint; | ||
(2) each document, if any, separately submitted by a | ||
complainant before the level one decision was issued; and | ||
(3) the level one decision, including: | ||
(A) any documents attached to the decision; and | ||
(B) each document relied on by the principal or | ||
the principal's designee in reaching the decision. | ||
(d) A superintendent shall hold a level two conference1 with | ||
a complainant who submitted a notice of appeal under this section | ||
not later than the 15th business day after the date the notice was | ||
filed. A level two conference: | ||
(1) must be limited to a grievance submitted by the | ||
complainant identified in the notice of the appeal; | ||
(2) must provide the complainant a specific amount of | ||
time to present the complainant's reasons for appealing a level one | ||
decision and the grievance that is the basis of the complaint, which | ||
may include presentation of documentation or witnesses; | ||
(3) is not an evidentiary hearing or a due process | ||
hearing within the meaning of any federal law; and | ||
(4) may not include the cross-examination of a | ||
witness. | ||
(e) A superintendent who conducts a level two conference | ||
under this section shall provide the complainant with a written | ||
level two decision not later than the 15th business day after the | ||
date of the conference, including any relief or redress planned by | ||
the superintendent in response to the grievance alleged in the | ||
complaint. The superintendent may consider in reaching a decision | ||
the level one record, information provided at the level two | ||
conference, and any other relevant information the superintendent | ||
believes may assist in resolving the complaint. | ||
(f) A superintendent shall record a level two conference and | ||
maintain the recording with the level one and level two records for | ||
a complaint. | ||
Sec. 26A.005. LEVEL THREE: ACTION BY BOARD OF TRUSTEES. (a) | ||
A complainant may appeal a level two decision by requesting a | ||
hearing by the board of trustees of the school district in which the | ||
complaint was filed if: | ||
(1) the level two decision does not resolve the | ||
complaint in the manner requested by the complainant; or | ||
(2) the superintendent of the school district in which | ||
the complaint was filed did not provide the complainant a level two | ||
decision by the date required under Section 26A.004(e). | ||
(b) To request a level three hearing, the complainant must | ||
submit a request for a hearing on a form developed and made | ||
available under Section 26A.007 to the superintendent who made the | ||
level two decision not later than the 10th business day after: | ||
(1) the date the level two decision was provided to the | ||
complainant; or | ||
(2) the date the level two decision was required to be | ||
provided to the complainant under Section 26A.004(e). | ||
(c) On receiving a request for a hearing under Subsection | ||
(b), the superintendent shall prepare and submit to the board of | ||
trustees of the school district and the complainant a level two | ||
record. The board may not hold a level three hearing until a level | ||
two record has been submitted under this subsection. A level two | ||
record must include: | ||
(1) the level one record; | ||
(2) the notice of appeal filed under Section 26A.004; | ||
and | ||
(3) the level two decision, including: | ||
(A) any document attached to the decision; and | ||
(B) each document relied on by the superintendent | ||
in reaching the decision. | ||
(d) The superintendent shall provide a complainant written | ||
notice of the date, time, and place of the board of trustees meeting | ||
for which the complaint is on the agenda at least five business days | ||
before the date of the meeting. | ||
(e) The board of trustees shall: | ||
(1) if the board intends to rely on information not | ||
contained in the level two record, provide the complainant a | ||
description of that information at least five business days before | ||
the date of the meeting for which the complaint is on the agenda; | ||
(2) determine whether to hear a complaint at an open | ||
meeting in accordance with Chapter 551, Government Code, and any | ||
other applicable law; | ||
(3) hold a level three hearing at a meeting of the | ||
board for which the complaint is on the agenda: | ||
(A) for which the board must prepare a record | ||
separate from any other record the board is required to prepare for | ||
the meeting or complaint; | ||
(B) that the board must record by audio or video | ||
recording or a court reporter; and | ||
(C) that shall include: | ||
(i) a presentation made by the complainant; | ||
(ii) a presentation made by a member of the | ||
relevant district campus's administration; | ||
(iii) questions asked by members of the | ||
board and responses to those questions; and | ||
(iv) if requested by the board, an | ||
explanation by the relevant district campus's administration of the | ||
level one and level two decisions made for the complaint; and | ||
(4) after the level three hearing, provide the | ||
complainant a level three decision, including any relief or redress | ||
planned by the board in response to the grievance alleged in the | ||
complaint, in writing not later than the earlier of: | ||
(A) 60 business days after the date of the | ||
meeting for which the complaint was on the agenda; or | ||
(B) the date of the next meeting of the board | ||
after the meeting for which the complaint was on the agenda. | ||
(f) The presiding officer of the board of trustees may set | ||
reasonable time limits and guidelines for a level three hearing. | ||
Sec. 26A.006. LEVEL FOUR: ACTION BY HEARING EXAMINER. (a) | ||
If the board of trustees of a school district does not provide a | ||
complainant a level three decision by the date required under | ||
Section 26A.005(e)(4), the complainant may request the | ||
commissioner appoint a hearing examiner qualified under Subchapter | ||
F, Chapter 21. A hearing examiner appointed under this subsection | ||
shall: | ||
(1) determine facts relating to the complainant's | ||
grievance; | ||
(2) consider information provided by the relevant | ||
school district and complainant; and | ||
(3) render a decision, which must include findings of | ||
fact and conclusions of law and may grant relief or redress to the | ||
complainant. | ||
(b) Sections 21.252 through 21.256 apply to a hearing under | ||
this section as if the complainant was a teacher. Sections 21.257 | ||
and 21.258 do not apply to a hearing under this section. | ||
(c) The school district shall bear the cost of the hearing | ||
examiner, the hearing room, the certified shorthand reporter at the | ||
hearing, and the production of any original hearing transcript as | ||
provided by Section 21.255(e). | ||
(d) A complainant who is a parent may appeal a decision made | ||
by a hearing examiner under this section to the commissioner under | ||
Section 7.057 by providing notice of the appeal in the form required | ||
by the commissioner not later than the 30th day after the date the | ||
parent receives notice of the hearing examiner's decision. For an | ||
appeal to the commissioner submitted under this subsection: | ||
(1) the school district is a party to the appeal; and | ||
(2) the hearing examiner is not a party to the appeal. | ||
Sec. 26A.007. COMPLAINT, NOTICES OF APPEAL, AND REQUESTS | ||
FOR HEARING FORMS. The board of trustees of a school district shall | ||
develop and make available to students and the parents of students | ||
enrolled in the district standardized forms for the filing of each | ||
complaint, a notice of appeal, or a request for a hearing described | ||
by this chapter other than a notice of appeal filed with the | ||
commissioner under Section 26A.006. | ||
SECTION 6. Section 28.004(i-1), Education Code, is amended | ||
to read as follows: | ||
(i-1) A parent may use the grievance procedure adopted under | ||
Section 26A.002 [ |
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this section. | ||
SECTION 7. Section 28.017(d), Education Code, is amended to | ||
read as follows: | ||
(d) If a school district does not comply with the | ||
requirements of Subsection (c), a parent of a student enrolled in | ||
the district may file a complaint in accordance with the district's | ||
grievance procedure developed under Section 26A.002 [ |
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SECTION 8. Section 28.0211(f-3), Education Code, is amended | ||
to read as follows: | ||
(f-3) The board of trustees of each school district shall | ||
adopt a policy consistent with the grievance procedure adopted | ||
under Section 26A.002 [ |
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content or implementation of an educational plan developed under | ||
Subsection (f). | ||
SECTION 9. Section 26.011(a), Education Code, is repealed. | ||
SECTION 10. To the extent of any conflict, this Act prevails | ||
over another Act of the 88th Legislature, Regular Session, 2023, | ||
relating to nonsubstantive additions to and corrections in enacted | ||
codes. | ||
SECTION 11. This Act applies beginning with the 2023-2024 | ||
school year. | ||
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, 2023. |