Bill Text: TX SB2114 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the establishment of the office of independent ombudsman for the Texas Education Agency.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-21 - Referred to Education [SB2114 Detail]
Download: Texas-2023-SB2114-Introduced.html
88R10220 BDP-F | ||
By: Paxton | S.B. No. 2114 |
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relating to the establishment of the office of independent | ||
ombudsman for the Texas Education Agency. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 7.057(e), Education Code, is amended to | ||
read as follows: | ||
(e) This section does not apply to: | ||
(1) a case to which Subchapter G, Chapter 21, applies; | ||
(2) a complaint authorized to be filed with the | ||
independent ombudsman under Chapter 26A; or | ||
(3) [ |
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37. | ||
SECTION 2. Section 26.002, Education Code, is amended to | ||
read as follows: | ||
Sec. 26.002. DEFINITION. In this chapter, "parent" means a | ||
person who is a natural or adoptive parent, managing or possessory | ||
conservator, legal guardian, custodian, or other person with legal | ||
authority to act on behalf of a child [ |
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the parent-child relationship has been terminated or a person not | ||
entitled to possession of or access to a child under a court order. | ||
Except as provided by federal law, all rights of a parent under | ||
Title 2 of this code and all educational rights under Section | ||
151.001(a)(10), Family Code, shall be exercised by a student who is | ||
18 years of age or older or whose disabilities of minority have been | ||
removed for general purposes under Chapter 31, Family Code, unless | ||
the student has been determined to be incompetent or the student's | ||
rights have been otherwise restricted by a court order. | ||
SECTION 3. Section 26.011, Education Code, is amended to | ||
read as follows: | ||
Sec. 26.011. COMPLAINTS. A [ |
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concerning violation of a right guaranteed by this chapter must be | ||
filed with the independent ombudsman under Chapter 26A. | ||
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SECTION 4. Subtitle E, Title 2, Education Code, is amended | ||
by adding Chapter 26A to read as follows: | ||
CHAPTER 26A. INDEPENDENT OMBUDSMAN | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 26A.001. DEFINITIONS. In this chapter: | ||
(1) "Independent ombudsman" means the individual who | ||
has been appointed under this chapter to the office of independent | ||
ombudsman. | ||
(2) "Office" means the office of independent ombudsman | ||
established under this chapter. | ||
(3) "Parent" has the meaning assigned by Section | ||
26.002. | ||
Sec. 26A.002. ESTABLISHMENT; PURPOSE. The office of | ||
independent ombudsman is established for the purpose of securing | ||
the rights of parents guaranteed by Chapter 26. | ||
Sec. 26A.003. ADMINISTRATIVE ATTACHMENT; SUPPORT; BUDGET. | ||
(a) The office is administratively attached to the agency and may | ||
collaborate with the agency for the purpose of sharing subject | ||
matter expertise. | ||
(b) The agency shall provide administrative support and | ||
resources, including administrative personnel, to the office as | ||
necessary for the office to perform its duties. | ||
(c) The office, in accordance with the rules and procedures | ||
of the Legislative Budget Board, shall prepare, approve, and submit | ||
a legislative appropriations request that is separate from the | ||
legislative appropriations request for the agency and is used to | ||
develop the office's budget structure. The office shall maintain | ||
the legislative appropriations request and budget structure | ||
separately from those of the agency. | ||
Sec. 26A.004. INDEPENDENCE. The independent ombudsman in | ||
the performance of its duties and powers under this chapter acts | ||
independently of the agency. | ||
SUBCHAPTER B. APPOINTMENT AND MANAGEMENT OF OFFICE | ||
Sec. 26A.051. APPOINTMENT OF INDEPENDENT OMBUDSMAN. (a) | ||
The governor shall appoint the independent ombudsman for a term of | ||
two years, expiring February 1 of odd-numbered years. | ||
(b) A person appointed as independent ombudsman is eligible | ||
for reappointment. | ||
Sec. 26A.052. ASSISTANTS. The independent ombudsman may | ||
hire assistants to perform, under the direction of the independent | ||
ombudsman, the same duties and exercise the same powers as the | ||
independent ombudsman. | ||
Sec. 26A.053. CONFLICT OF INTEREST. (a) A person may not | ||
serve as independent ombudsman or as an assistant to the | ||
independent ombudsman if the person or the person's spouse: | ||
(1) is employed by or participates in the management | ||
of a business entity or other organization receiving funds from the | ||
agency or a school district; | ||
(2) owns or controls, directly or indirectly, any | ||
interest in a business entity or other organization receiving funds | ||
from the agency or a school district; or | ||
(3) uses or receives any amount of tangible goods, | ||
services, or funds from a school district. | ||
(b) A person may not serve as independent ombudsman or as an | ||
assistant to the independent ombudsman if the person or the | ||
person's spouse is required to register as a lobbyist under Chapter | ||
305, Government Code, because of the person's activities for | ||
compensation on behalf of a profession related to the operation of | ||
the agency or a school district. | ||
(c) A person may not serve as independent ombudsman or as an | ||
assistant to the independent ombudsman if the person or the | ||
person's spouse is an officer, employee, manager, or paid | ||
consultant of a school district. | ||
Sec. 26A.054. COMPLAINTS. (a) The office shall maintain a | ||
system to promptly and efficiently act on complaints filed with the | ||
office that relate to the operations or staff of the office. The | ||
office shall maintain information about parties to the complaint, | ||
the subject matter of the complaint, a summary of the results of the | ||
review or investigation of the complaint, and the disposition of | ||
the complaint. | ||
(b) The office shall make information available describing | ||
its procedures for complaint investigation and resolution. | ||
(c) The office shall periodically notify the complaint | ||
parties of the status of the complaint until final disposition. | ||
Sec. 26A.055. REPORT. (a) The independent ombudsman shall | ||
submit on a quarterly basis to the commissioner, the governor, the | ||
lieutenant governor, the state auditor, and each member of the | ||
legislature a report that describes: | ||
(1) the work of the independent ombudsman; | ||
(2) the results of any review or investigation | ||
undertaken by the independent ombudsman; and | ||
(3) any recommendations that the independent | ||
ombudsman has in relation to the duties of the independent | ||
ombudsman. | ||
(b) The independent ombudsman shall immediately report to | ||
the commissioner, the governor, the lieutenant governor, the | ||
speaker of the house of representatives, and the state auditor any | ||
particularly serious or flagrant: | ||
(1) violation of parental rights under Chapter 26; or | ||
(2) interference by the agency with an investigation | ||
conducted by the office. | ||
Sec. 26A.056. REVIEW AND FORMAT OF REPORTS. (a) The office | ||
shall accept, both before and after publication, comments from the | ||
commissioner concerning the following types of reports published by | ||
the office under this chapter: | ||
(1) the office's quarterly report under Section | ||
26A.055(a); | ||
(2) reports concerning serious or flagrant | ||
circumstances under Section 26A.055(b); and | ||
(3) any other formal reports containing findings and | ||
making recommendations concerning systemic issues that affect the | ||
agency. | ||
(b) The commissioner may not submit comments under | ||
Subsection (a) after the 30th day after the date the report on which | ||
the commissioner is commenting is published. | ||
(c) The office shall ensure that reports described by | ||
Subsection (a) are in a format to which the commissioner can easily | ||
respond. | ||
(d) After receipt of comments under this section, the office | ||
is not obligated to change any report or change the manner in which | ||
the office performs the duties of the office. | ||
Sec. 26A.057. RULEMAKING AUTHORITY. (a) The office by rule | ||
shall establish policies and procedures for the operations of the | ||
office. | ||
(b) The office and the commissioner shall adopt rules | ||
necessary to implement Section 26A.056 including rules that | ||
establish procedures for the agency to review and comment on | ||
reports of the office and for the agency to expedite or eliminate | ||
review of and comment on a report due to an emergency or a serious or | ||
flagrant circumstance described by Section 26A.055(b). | ||
Sec. 26A.058. CONFIDENTIALITY. (a) The records of the | ||
independent ombudsman are confidential. | ||
(b) The independent ombudsman may make reports relating to | ||
an investigation public after the investigation is complete but | ||
only if the names of all children, parents, and employees are | ||
redacted from the report and remain confidential. | ||
(c) During the pendency of an investigation under this | ||
chapter, the office is not required to disclose the identity of any | ||
witness. | ||
(d) Unless otherwise provided by law, all evidence | ||
collected by the office in connection with an investigation, | ||
including witness statements and videos of interviews, are | ||
confidential and not subject to disclosure under Chapter 552, | ||
Government Code, except that evidence described by this section may | ||
be disclosed: | ||
(1) to a person with a legitimate interest in the | ||
investigation; or | ||
(2) in connection with an administrative or other | ||
legal proceeding brought under this title. | ||
Sec. 26A.059. SUNSET PROVISION. The office is subject to | ||
review under Chapter 325, Government Code (Texas Sunset Act), but | ||
is not abolished under that chapter. The office shall be reviewed | ||
during the periods in which the agency or its successor agency is | ||
reviewed. | ||
Sec. 26A.060. AUTHORITY OF STATE AUDITOR. The office is | ||
subject to audit by the state auditor in accordance with Chapter | ||
321, Government Code. | ||
Sec. 26A.061. PROMOTION OF AWARENESS OF OFFICE. The | ||
independent ombudsman shall promote awareness among the public and | ||
parents of children enrolled in a school district regarding: | ||
(1) how the office may be contacted; | ||
(2) the purpose of the office; and | ||
(3) the services the office provides. | ||
SUBCHAPTER C. DUTIES AND POWERS | ||
Sec. 26A.101. DUTIES AND POWERS. (a) The independent | ||
ombudsman shall: | ||
(1) review and, if necessary, investigate: | ||
(A) complaints alleging a violation of parental | ||
rights under Chapter 26; and | ||
(B) any other complaints authorized under other | ||
law to be filed with the independent ombudsman; and | ||
(2) for any complaint received other than a complaint | ||
described by Subdivision (1), refer the complainant to the | ||
appropriate entity. | ||
(b) To assess if a parent's rights under Chapter 26 have | ||
been violated, the independent ombudsman, in the course of its | ||
investigation or to secure information, may contact or consult | ||
with: | ||
(1) the board of trustees, an administrator, or an | ||
employee of a school district; | ||
(2) a child; | ||
(3) a parent; | ||
(4) an expert; or | ||
(5) any other individual. | ||
Sec. 26A.102. HEARING FOLLOWING DISPOSITION OF COMPLAINT. | ||
(a) Not later than the 15th day after the date on which the | ||
independent ombudsman finally disposes of a complaint alleging a | ||
violation of parental rights under Chapter 26, the school district | ||
or the person who filed the complaint may request a hearing if the | ||
district or person disagrees with the disposition of the complaint. | ||
(b) If a hearing is requested under Subsection (a), the | ||
hearing shall be conducted by the State Office of Administrative | ||
Hearings. | ||
(c) A hearing conducted under this section is a contested | ||
case under Chapter 2001, Government Code. | ||
(d) The administrative law judge who conducts a hearing | ||
under this section shall enter the final decision on the complaint | ||
after completion of the hearing. | ||
Sec. 26A.103. SCHOOL DISTRICT ACTION FOLLOWING DISPOSITION | ||
OF COMPLAINT. Following the independent ombudsman's final | ||
disposition of a complaint alleging a violation of parental rights | ||
under Chapter 26, the school district against which the complaint | ||
was filed shall take any action: | ||
(1) if the district did not request a hearing under | ||
Section 26A.102, required by the independent ombudsman in relation | ||
to the complaint; or | ||
(2) if the district requested a hearing under Section | ||
26A.102, necessary to comply with the administrative law judge's | ||
final decision on the complaint. | ||
Sec. 26A.104. TREATMENT OF EMPLOYEES WHO COOPERATE WITH | ||
INDEPENDENT OMBUDSMAN. The agency or a school district may not | ||
discriminate or retaliate against an employee who in good faith | ||
cooperates with the office in an investigation. | ||
Sec. 26A.105. TRAINING. The independent ombudsman may | ||
participate in any appropriate professional training. | ||
SUBCHAPTER D. ACCESS TO INFORMATION | ||
Sec. 26A.151. ACCESS TO INFORMATION OF GOVERNMENTAL | ||
ENTITIES. (a) The independent ombudsman has access to the agency's | ||
records relating to a parent, a child, or a complaint filed with the | ||
independent ombudsman under this chapter. | ||
(b) A school district shall allow the independent ombudsman | ||
access to the district's records relating to a complaint with the | ||
independent ombudsman under this chapter. | ||
Sec. 26A.152. ACCESS TO INFORMATION OF PRIVATE ENTITIES. A | ||
private entity that possesses records relating to a complaint filed | ||
with the independent ombudsman under this chapter shall provide | ||
access to those records to the independent ombudsman. | ||
SECTION 5. Section 28.004(i-1), Education Code, is amended | ||
to read as follows: | ||
(i-1) A parent may file [ |
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violation of this section with the independent ombudsman under | ||
Chapter 26A. | ||
SECTION 6. 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 with the independent ombudsman | ||
[ |
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under Chapter 26A [ |
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SECTION 7. Section 28.0211(f-3), Education Code, is amended | ||
to read as follows: | ||
(f-3) A [ |
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the independent ombudsman under Chapter 26A to contest the content | ||
or implementation of an educational plan developed under Subsection | ||
(f). | ||
SECTION 8. As soon as practicable after the effective date | ||
of this Act, the governor shall appoint an initial independent | ||
ombudsman under Chapter 26A, Education Code, as added by this Act, | ||
to a term expiring February 1, 2025. | ||
SECTION 9. The changes in law made by this Act apply only to | ||
a complaint filed with a school district or an appeal filed with the | ||
commissioner of education on or after January 1, 2024. A complaint | ||
or appeal filed before January 1, 2024, is governed by the law in | ||
effect on the date the complaint or appeal was filed, and the former | ||
law is continued in effect for that purpose. | ||
SECTION 10. This Act takes effect September 1, 2023. |