Bill Text: TX HB89 | 2023 | 88th Legislature 3rd Special Session | Introduced
Bill Title: Relating to the establishment of an ombudsman for parents of children enrolled in public school.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-10-06 - Filed [HB89 Detail]
Download: Texas-2023-HB89-Introduced.html
| By: Patterson | H.B. No. 89 | |
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| relating to the establishment of an ombudsman for parents of | ||
| children enrolled in public school. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle E, Title 2, Education Code, is amended | ||
| by adding Chapter 26A to read as follows: | ||
| CHAPTER 26A. OMBUDSMAN | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 26A.001. DEFINITION. In this chapter, "ombudsman" | ||
| means the individual who has been appointed as the ombudsman under | ||
| this chapter. | ||
| SUBCHAPTER B. APPOINTMENT AND ADMINISTRATION | ||
| Sec. 26A.051. APPOINTMENT OF OMBUDSMAN. (a) The State | ||
| Board of Education shall appoint an ombudsman for parents of | ||
| children enrolled in public school to serve at the will of the | ||
| board. | ||
| (b) To be eligible for appointment as ombudsman, a person: | ||
| (1) must be: | ||
| (A) a resident of this state; and | ||
| (B) a parent of a child enrolled in a school | ||
| district or open-enrollment charter school; and | ||
| (2) may not be a current or former elected official. | ||
| (c) The ombudsman is administratively attached to the | ||
| agency. | ||
| (d) From money appropriated for the purpose, the ombudsman | ||
| may employ staff to assist the ombudsman in performing the | ||
| ombudsman's duties under this chapter. | ||
| Sec. 26A.052. COMMUNICATION AND CONFIDENTIALITY. (a) A | ||
| person may communicate with the ombudsman regarding a complaint by | ||
| telephone, mail, e-mail, or any other means the ombudsman | ||
| determines to be feasible, secure, and generally accessible. | ||
| (b) Information received by the ombudsman regarding a | ||
| complaint is confidential and not subject to disclosure under | ||
| Chapter 552, Government Code. The ombudsman shall maintain the | ||
| information in a manner that preserves the information's | ||
| confidentiality. | ||
| (c) The disclosure of confidential information to the | ||
| ombudsman under this chapter does not constitute a waiver of | ||
| confidentiality. Any information disclosed to the ombudsman under | ||
| this chapter remains confidential and privileged following | ||
| disclosure. | ||
| (d) This section does not prohibit the ombudsman from | ||
| communicating with the agency, the State Board of Education, or a | ||
| school district or open-enrollment charter school regarding | ||
| confidential information disclosed to the ombudsman by the agency, | ||
| board, district, or school. | ||
| Sec. 26A.053. PUBLIC OUTREACH. The ombudsman shall | ||
| collaborate with the agency to develop and implement an annual | ||
| outreach plan to promote awareness of the ombudsman among parents | ||
| of children enrolled in a school district or open-enrollment | ||
| charter school. | ||
| SUBCHAPTER C. DUTIES AND POWERS | ||
| Sec. 26A.101. DUTIES AND POWERS OF OMBUDSMAN. (a) The | ||
| ombudsman serves as a neutral party in assisting parents of | ||
| children enrolled in a school district or open-enrollment charter | ||
| school with complaints regarding issues involving the agency, the | ||
| State Board of Education, or a school district or open-enrollment | ||
| charter school. | ||
| (b) The ombudsman shall develop and implement statewide | ||
| procedures to: | ||
| (1) receive complaints from parents of children | ||
| enrolled in a school district or open-enrollment charter school | ||
| regarding unethical conduct or a violation of state or federal law | ||
| relating to public education or agency procedure or policy by: | ||
| (A) the agency, the State Board of Education, or | ||
| a school district or open-enrollment charter school; or | ||
| (B) an employee of the agency, the State Board of | ||
| Education, or a school district or open-enrollment charter school; | ||
| (2) review complaints filed with the ombudsman and | ||
| take appropriate action, including: | ||
| (A) conducting an investigation; and | ||
| (B) referring to the agency for resolution any | ||
| trends or systemic issues identified in complaints; | ||
| (3) provide any necessary assistance to parents of | ||
| children enrolled in a school district or open-enrollment charter | ||
| school in making complaints or reporting allegations of behavior | ||
| described by Subdivision (1); and | ||
| (4) ensure a parent of a child enrolled in a school | ||
| district or open-enrollment charter school who filed a complaint | ||
| receives a report on the results of any investigations conducted or | ||
| final determinations made regarding the complaint. | ||
| Sec. 26A.102. INVESTIGATION OF UNREPORTED VIOLATIONS. If, | ||
| during the investigation of a complaint, the ombudsman discovers | ||
| unreported unethical conduct or violations described by Section | ||
| 26A.101(b)(1), the ombudsman shall open a new investigation for | ||
| each unreported occurrence of unethical conduct or violation. | ||
| Sec. 26A.103. RETALIATION PROHIBITED. (a) The agency, a | ||
| school district, or an open-enrollment charter school may not | ||
| retaliate against: | ||
| (1) a parent of a child enrolled in a school district | ||
| or open-enrollment charter school who in good faith makes a | ||
| complaint to the ombudsman; or | ||
| (2) any person, including an employee of the agency, | ||
| State Board of Education, district, or school, who in good faith | ||
| cooperates with the ombudsman in an investigation. | ||
| (b) The ombudsman shall collaborate with the agency to | ||
| establish consequences for a retaliatory action taken in violation | ||
| of this section. | ||
| Sec. 26A.104. ACCESS TO INFORMATION. The agency shall | ||
| provide the ombudsman access to the agency's records relating to a | ||
| complaint filed with the ombudsman under this chapter. | ||
| Sec. 26A.105. REPORTS. (a) The ombudsman shall issue and | ||
| file with the agency a report that contains the ombudsman's final | ||
| determinations regarding a complaint and any recommended | ||
| corrective actions to be taken as a result of the complaint. | ||
| (b) Notwithstanding Section 26A.052, the ombudsman may make | ||
| a report relating to an investigation of a complaint public after | ||
| the complaint is resolved. A report made public under this | ||
| subsection may not include information that identifies any person | ||
| involved in the complaint, including the complainant, a child's | ||
| parent, or an employee of the agency, the State Board of Education, | ||
| a school district, or an open-enrollment charter school. | ||
| (c) Not later than December 1 of each year, the ombudsman | ||
| shall prepare and submit to the agency and the State Board of | ||
| Education a report on the ombudsman's work during the preceding | ||
| year. The report must include: | ||
| (1) a description of the ombudsman's work; | ||
| (2) any change made by the agency in response to a | ||
| substantiated complaint; | ||
| (3) a description of any trends in the nature of | ||
| complaints received by the ombudsman, any recommendations related | ||
| to addressing those trends, and an evaluation of the feasibility of | ||
| the ombudsman's recommendations; | ||
| (4) a glossary of terms used in the report; | ||
| (5) a description of the methods used to promote | ||
| awareness of the ombudsman under Section 26A.053 and the | ||
| ombudsman's outreach plan for the next year; and | ||
| (6) any public feedback received by the ombudsman | ||
| relating to the ombudsman's previous reports under this subsection. | ||
| (d) On receipt of the report required under Subsection (c), | ||
| the agency shall make the report publicly available on the agency's | ||
| Internet website. | ||
| SECTION 2. As soon as practicable after the effective date | ||
| of this Act, the State Board of Education shall appoint an ombudsman | ||
| under Chapter 26A, Education Code, as added by this Act. | ||
| SECTION 3. This Act takes effect on the 91st day after the | ||
| last day of the legislative session. | ||
