Bill Text: TX HB5290 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to authorizing a private right of action against a school district or open enrollment charter school that violates a student or parental right.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-04-19 - Left pending in committee [HB5290 Detail]
Download: Texas-2023-HB5290-Introduced.html
| By: Dutton | H.B. No. 5290 | |
|
|
||
|
|
||
| relating to authorizing a private right of action against a school | ||
| district or open enrollment charter school that violates a student | ||
| or parental right. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 26 is amended by adding Section 26.016 to | ||
| read as follows: | ||
| Sec. 26.016. WAIVER OF GOVERNMENTAL IMMUNITY; PERMISSION TO | ||
| SUE. (a) Pursuant to Texas Education Code 4.001, the belief that | ||
| parental involvement is necessary for the maximum educational | ||
| achievement of a child, and to achieve the state's constitutional | ||
| purpose of a general diffusion of knowledge, this section makes | ||
| provision for a limited parental cause of action against an | ||
| independent school district or open-enrollment charter school in | ||
| order to preserve a student's rights. | ||
| (b) Sovereign immunity to suit is waived and abolished for a | ||
| claim by a parental or legal guardian on behalf of a public school | ||
| student against a school district or open-enrollment charter school | ||
| regarding the following: | ||
| (1) violation of Section 1.002, Education Code; | ||
| (2) violation of Chapter 26, Education Code; | ||
| (3) failure to provide a certified educator where | ||
| required by law; | ||
| (4) assignment to a campus with an unacceptable | ||
| performance rating for more than two years; or | ||
| (5) any provision of this code that requires a school | ||
| district or open-enrollment charter school to involve parents and | ||
| the school district or open-enrollment charter school does not | ||
| involve parents. | ||
| (c) A suit brought under this section is limited to the | ||
| following: | ||
| (1) Actual damages, general damages, specific | ||
| performance, or injunctive relief, if applicable; and | ||
| (2) Court costs and reasonable attorney's fees. | ||
| (d) A claimant under this section is not required to exhaust | ||
| administrative remedies before bringing an action under this | ||
| section. | ||
| (e) No independent school district in Texas may exempt | ||
| themselves from any provision of this act under Chapter 12A. | ||
| SECTION 2. 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 3. 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. | ||
