HB284 - Relating to the establishment of an ombudsman for parents of children enrolled in public school.

  89R560 BDP-F     By: Patterson H.B. No. 284       A BILL TO BE ENTITLED   AN ACT   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;                 (2)     a child enrolled in a school district or   open-enrollment charter school whose parent in good faith makes a   complaint to the ombudsman; or                 (3)     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, 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 September 1, 2025.