HB3222 - Relating to school district policies, appeals to the commissioner of education, and reporting on settlement agreements entered into by a public school.

  89R12426 KJE-F     By: Hickland H.B. No. 3222       A BILL TO BE ENTITLED   AN ACT   relating to school district policies, appeals to the commissioner   of education, and reporting on settlement agreements entered into   by a public school.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 7.057, Education Code, is amended by   amending Subsections (a) and (e) and adding Subsections (c-1) and   (g) to read as follows:          (a)  Except as provided by Subsection (e), a person may   appeal in writing to the commissioner if the person is aggrieved   by[ :                [ (1)  the school laws of this state; or                [ (2) ]  actions or decisions of any school district   board of trustees that violate:                 (1)  [ (A) ]  the school laws of this state; or                 (2)  [ (B) ]  a provision of a written employment contract   between the school district and a school district employee, if a   violation causes or would cause monetary harm to the employee.           (c-1)     In an appeal against a school district, the   commissioner may:                 (1)     if the record is insufficient for the commissioner   to resolve the appeal, remand the case to the district and order an   investigation and development of the record; and                 (2)     if the commissioner determines that an action or   decision of the district's board of trustees violated a law or   provision described by Subsection (a):                       (A)     reverse the case or remand the case to the   board of trustees for additional proceedings; and                       (B)     order the board of trustees to take   corrective action the commissioner determines appropriate to   remedy the violation.          (e)  This section does not apply to:                (1)  a case to which Subchapter G, Chapter 21, applies;   [ or ]                (2)   a case involving extracurricular activities; or                 (3)   a student disciplinary action under Chapter 37.           (g)     The commissioner may adopt rules as necessary to   implement this section.          SECTION 2.  Subchapter C, Chapter 7, Education Code, is   amended by adding Sections 7.0571 and 7.0572 to read as follows:           Sec.   7.0571.     REMAND. (a)   In an appeal against a school   district under Section 7.057, the commissioner may remand the case   to the district for rehearing under Chapter 26A if the commissioner   determines that the appeal would have likely succeeded on the   merits if not for:                 (1)  a fatal procedural error at the district level;                 (2)     failure to allege the correct statutory violation;   or                 (3)     failure to develop necessary evidence at the   district level.           (b)     In remanding a case under Subsection (a), the   commissioner may:                 (1)     identify specific issues or law for the school   district to address; and                 (2)  alter the timelines provided under Chapter 26A.           (c)     A case remanded under this section may be appealed again   under Section 7.057, and the timelines established by that section   apply to the appeal unless the commissioner provides for a shorter   timeline.           (d)     The commissioner may adopt rules as necessary to   implement this section.           Sec.   7.0572.     DISPUTE RESOLUTION FACILITATION. (a)   The   commissioner shall develop a program for the training and review of   dispute resolution facilitators.           (b)     The commissioner shall establish requirements for a   person to qualify as a dispute resolution facilitator under this   section.           (c)     In an appeal against a school district under Section   7.057, the commissioner may refer to dispute resolution   facilitation under this section a case involving a grievance by a   parent of or person standing in parental relation to a student   enrolled in the district arising from the parent's or person's   status as a parent of or person standing in parental relation to the   student if:                 (1)  the grievance does not allege:                       (A)     conduct described by Section 7.057(a) or (e);   or                       (B)     conduct for which Title 1 or 2, other than   Section 11.151(b), makes a specific decision of the district's   board of trustees final and unappealable or not subject to review;   and                 (2)     the commissioner determines that the district's   conduct should be reviewed for substantial error that is apparent   from the record.           (d)     The commissioner shall appoint a dispute resolution   facilitator to an appeal referred to dispute resolution   facilitation under Subsection (c).   A dispute resolution   facilitator:                 (1)  shall:                       (A)     propose factual findings related to the   grievance;                       (B)     consider information provided by the person   who filed the grievance and the school district;                       (C)     facilitate a resolution between the person   who filed the grievance and the school district; and                       (D)     if no resolution is possible, render a   decision that includes findings of fact and conclusions of law; and                 (2)     may recommend a remand of the grievance or grant   relief or redress to the person who filed the grievance in the same   manner as the commissioner under Section 7.057.           (e)     The commissioner may adopt or reject the final   determination of a dispute resolution facilitator.   If the   commissioner rejects the determination, no decision on the matter   is issued.   If the commissioner adopts the determination, the   determination is binding on the parties.   A determination by the   commissioner under this subsection is final and may not be   appealed, including under Section 7.057(d).           (f)     The school district against which the grievance was   filed shall pay the cost of the dispute resolution facilitator, the   hearing room, the certified court reporter at the hearing, and the   production of any original hearing transcript.           (g)     Section 7.057(a-1) applies to conduct that may be   referred to dispute resolution facilitation under Subsection   (c)(1).           (h)     The commissioner may adopt rules as necessary to   implement this section.          SECTION 3.  Subchapter A, Chapter 11, Education Code, is   amended by adding Section 11.004 to read as follows:           Sec.   11.004.     COMPLIANCE WITH MANDATORY POLICY.   A school   district, the district's board of trustees, and the district's   employees shall implement and comply with each policy the district   is required to adopt under this code or other law.          SECTION 4.  The heading to Section 11.1518, Education Code,   is amended to read as follows:          Sec. 11.1518.  TRUSTEE INFORMATION [ POSTED ON WEBSITE ].          SECTION 5.  Section 11.1518, Education Code, is amended by   amending Subsection (c) and adding Subsections (d) and (e) to read   as follows:          (c)   Not later than the 30th day after a new person is sworn   in as a member  [ Each time there is a change in the membership ] of a   school district's board of trustees, the district shall update the   information required under Subsection (a) and, as applicable:                (1)  post the updated information on the district's   Internet website; or                (2)  submit the updated information to the agency for   posting on the agency's Internet website in accordance with   Subsection (b).           (d)     A school district shall annually submit to the agency   the information required under Subsection (a) for each member of   the district's board of trustees.   The information must:                 (1)  identify the member designated as chair; and                 (2)  be updated as required by Subsection (c).           (e)     The commissioner may adopt rules as necessary to   implement this section.          SECTION 6.  Section 12A.004(a), Education Code, is amended   to read as follows:          (a)  A local innovation plan may not provide for the   exemption of a district designated as a district of innovation from   the following provisions of this title:                (1)  a state or federal requirement applicable to an   open-enrollment charter school operating under Subchapter D,   Chapter 12;                (2)  Subchapters A, C, D, and E, Chapter 11, except that   a district may be exempt from Sections 11.1511(b)(5) and (14) and   Section 11.162;                (3)   the grievance policy under Chapter 26A;                 (4)   state curriculum and graduation requirements   adopted under Chapter 28; and                 (5)  [ (4) ]  academic and financial accountability and   sanctions under Chapters 39 and 39A.          SECTION 7.  Section 26.011(a), Education Code, is amended to   read as follows:          (a)  The board of trustees of each school district shall   adopt a grievance procedure that complies with Chapter 26A under   which the board shall address each complaint that the board   receives concerning violation of a right guaranteed by this   chapter.          SECTION 8.  Subtitle E, Title 2, Education Code, is amended   by adding Chapter 26A to read as follows:   CHAPTER 26A.   GRIEVANCE POLICY           Sec.   26A.001.     GRIEVANCE POLICY. (a)   The board of trustees   of a school district shall adopt a grievance policy to address   grievances received by the district.     & [Text truncated for display. Full text available on Congress.gov.]