88R10220 BDP-F
	By: Paxton	S.B. No. 2114

	A BILL TO BE ENTITLED
	AN ACT
	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) [(2)]  a student disciplinary action under Chapter
	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 [includes a person standing in
	parental relation].  The term does not include a person as to whom
	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 [(a)  The board of trustees of
	each school district shall adopt a grievance procedure under which
	the board shall address each] complaint [that the board receives]
	concerning violation of a right guaranteed by this chapter must be
	filed with the independent ombudsman under Chapter 26A.
	[(b)  The board of trustees of a school district is not
	required by Subsection (a) or Section 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 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 [use the grievance procedure adopted
	under Section 26.011 concerning] a complaint concerning [of] a
	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
	[in accordance with the district's grievance procedure developed]
	under Chapter 26A [Section 26.011].
	SECTION 7.  Section 28.0211(f-3), Education Code, is amended
	to read as follows:
	(f-3)  A [The board of trustees of each school district shall
	adopt a policy consistent with the grievance procedure adopted
	under Section 26.011 to allow a] parent may file a complaint with
	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.