HB3582 - Relating to a private civil cause of action against a public school for the violation of certain student or parental rights.

  89R11694 AMF-F     By: Dutton H.B. No. 3582       A BILL TO BE ENTITLED   AN ACT   relating to a private civil cause of action against a public school   for the violation of certain student or parental rights.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  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)   liability to suit under Section 26.018;                 (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 2.  Chapter 26, Education Code, is amended by adding   Section 26.018 to read as follows:           Sec.   26.018.     SUIT AGAINST PUBLIC SCHOOL AUTHORIZED. (a)   To   further the mission and objectives of public education under   Section 4.001, the belief that parental involvement is necessary   for the maximum educational achievement of a child, and the state's   constitutional purpose of achieving a general diffusion of   knowledge, a parent of a student enrolled at a school district or   open-enrollment charter school may bring a civil action against the   district or school for:                 (1)  a violation of Section 1.002;                 (2)  a violation of this chapter;                 (3)     failure to employ an educator to teach a course in   which the student is enrolled, if required by law;                 (4)     the student's assignment to a campus that has been   assigned an unacceptable overall performance rating under Section   39.054 for the two preceding school years; or                 (5)     failure to involve the parent in any matter in   which the district or school is required to involve the parent as   provided by this code.           (b)     A parent of a student who prevails in an action under   this section is entitled to recover, as applicable:                 (1)  actual damages;                 (2)  specific performance;                 (3)  injunctive relief; and                 (4)  court costs and reasonable attorney's fees.           (c)     A parent of a student enrolled in a school district or   open-enrollment charter school is not required to exhaust   administrative remedies before bringing an action under this   section.           (d)     Sovereign immunity to suit is waived and abolished to   the extent of liability created by this section.          SECTION 3.  The change in law made by this Act applies only   to a cause of action that accrues on or after the effective date of   this Act.          SECTION 4.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2025.