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A BILL TO BE ENTITLED
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AN ACT
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relating to authorizing a private right of action against a school |
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district or open enrollment charter school that violates a student |
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or parental right. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 26 is amended by adding Section 26.016 to |
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read as follows: |
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Sec. 26.016. WAIVER OF GOVERNMENTAL IMMUNITY; PERMISSION TO |
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SUE. (a) Pursuant to Texas Education Code 4.001, the belief that |
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parental involvement is necessary for the maximum educational |
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achievement of a child, and to achieve the state's constitutional |
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purpose of a general diffusion of knowledge, this section makes |
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provision for a limited parental cause of action against an |
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independent school district or open-enrollment charter school in |
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order to preserve a student's rights. |
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(b) Sovereign immunity to suit is waived and abolished for a |
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claim by a parental or legal guardian on behalf of a public school |
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student against a school district or open-enrollment charter school |
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regarding the following: |
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(1) violation of Section 1.002, Education Code; |
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(2) violation of Chapter 26, Education Code; |
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(3) failure to provide a certified educator where |
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required by law; |
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(4) assignment to a campus with an unacceptable |
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performance rating for more than two years; or |
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(5) any provision of this code that requires a school |
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district or open-enrollment charter school to involve parents and |
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the school district or open-enrollment charter school does not |
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involve parents. |
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(c) A suit brought under this section is limited to the |
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following: |
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(1) Actual damages, general damages, specific |
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performance, or injunctive relief, if applicable; and |
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(2) Court costs and reasonable attorney's fees. |
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(d) A claimant under this section 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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(e) No independent school district in Texas may exempt |
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themselves from any provision of this act under Chapter 12A. |
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SECTION 2. To the extent of any conflict, this Act prevails |
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over another Act of the 88th Legislature, Regular Session, 2023, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 3. 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, 2023. |