HB4292 - Relating to appeals regarding school laws and a school district's grievance procedure regarding complaints concerning violation of state education law or school district board of trustees policy.

  89R12631 KJE-D     By: Shaheen H.B. No. 4292       A BILL TO BE ENTITLED   AN ACT   relating to appeals regarding school laws and a school district's   grievance procedure regarding complaints concerning violation of   state education law or school district board of trustees policy.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  (a)  This section takes effect only if H.B. 1025,   89th Legislature, Regular Session, 2025, becomes law.          (b)  Section 7.057, Education Code, is amended by amending   Subsections (a) and (c) and adding Subsection (c-1) to read as   follows:          (a)  Except as provided by Subsection (e), a person may   appeal in writing to the inspector general [ 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 or open-enrollment charter school governing body that   violate:                      (A)  [ the school laws of this ] state or federal   law ; [ or ]                      (B)   a policy adopted by a school district board   of trustees or open-enrollment charter school governing body; or                       (C)   a provision of a written employment contract   between the school district or open-enrollment charter school and a   [ school ] district or school employee, if a violation causes or   would cause monetary harm to the employee.          (c)  In an appeal against a school district or   open-enrollment charter school , the inspector general   [ commissioner ] shall, not later than the 60th [ 240th ] day after the   date the appeal is filed, issue a decision based on a review of the   record developed at the district or school level under a   substantial evidence standard of review.  The parties to the appeal   may agree in writing to extend, by not more than seven [ 60 ] days,   the date by which the inspector general [ commissioner ] must issue a   decision under this subsection.   The inspector general shall   provide a copy of the record to the person who filed the grievance   not later than the seventh day after the date on which the inspector   general receives the record.  A school district's or   open-enrollment charter school's disclosure of the record to the   inspector general [ commissioner ] under this subsection is not an   offense under Section 551.146, Government Code.           (c-1)     In an appeal against a school district or   open-enrollment charter school, the inspector general may find a   violation not raised by the person bringing the appeal.          SECTION 2.  (a)  This section takes effect only if H.B. 1025,   89th Legislature, Regular Session, 2025, does not become law.          (b)  Section 7.057, Education Code, is amended by amending   Subsections (a) and (c) and adding Subsection (c-1) 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 or open-enrollment charter school governing body that   violate:                      (A)  [ the school laws of this ] state or federal   law ; [ or ]                      (B)   a policy adopted by a school district board   of trustees or open-enrollment charter school governing body; or                       (C)   a provision of a written employment contract   between the school district or open-enrollment charter school and a   [ school ] district or school employee, if a violation causes or   would cause monetary harm to the employee.          (c)  In an appeal against a school district or   open-enrollment charter school , the commissioner shall, not later   than the 60th [ 240th ] day after the date the appeal is filed, issue   a decision based on a review of the record developed at the district   or school level under a substantial evidence standard of review.     The parties to the appeal may agree in writing to extend, by not   more than seven [ 60 ] days, the date by which the commissioner must   issue a decision under this subsection.   The commissioner shall   provide a copy of the record to the person who filed the grievance   not later than the seventh day after the date on which the   commissioner receives the record.  A school district's or   open-enrollment charter school's disclosure of the record to the   commissioner under this subsection is not an offense under Section   551.146, Government Code.           (c-1)     In an appeal against a school district or   open-enrollment charter school, the commissioner may find a   violation not raised by the person bringing the appeal.          SECTION 3.  (a)  This section takes effect only if H.B. 1025,   89th Legislature, Regular Session, 2025, becomes law.          (b)  Section 7.057(f), Education Code, is amended by adding   Subdivision (3) to read as follows:                 (3)     "Inspector general"   means the inspector general   appointed under Subchapter E, Chapter 7.          SECTION 4.  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 procedure required by Section   26.011;                 (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 5.  Section 26.011, Education Code, is amended to   read as follows:          Sec. 26.011.   GRIEVANCE PROCEDURE  [ COMPLAINTS ].  (a)  The   board of trustees of each school district shall adopt a grievance   procedure under which the board shall address each grievance   [ complaint ] that the board receives concerning a violation of a   right guaranteed by this chapter , of a board of trustees policy, or   of a provision of this title .          (b)  The board of trustees of a school district is not   required by Subsection (a) or Section 11.1511(b)(13) to address a   grievance [ 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 , of a   board of trustees policy, or of a provision of this title .  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.           (c)     The grievance procedure adopted under Subsection (a)   must provide for:                 (1)     a grievance to be considered timely filed   regardless of when the conduct giving rise to the grievance   occurred;                 (2)     a copy of each grievance filed with the school   district and any supporting documentation to be provided to the   district's board of trustees not later than the seventh business   day after the date on which the grievance is filed;                 (3)     the board of trustees of the school district to be   represented with respect to grievances by separate, independent   legal counsel from the district who is not recommended, directed,   or assigned by the district;                 (4)  not more than three levels of review as follows:                       (A)     a review by the principal of the district   campus at which the grievance was filed that includes:                             (i)     a conference with the principal and the   person who filed the grievance, recorded by the principal or the   principal's designee and provided to the person who filed the   grievance, held not later than:                                   (a)     the seventh business day after the   date on which the grievance is filed; or                                   (b)     if the grievance regards a safety   concern, the second business day after the date on which the   grievance is filed; and                             (ii)     a written decision by the principal   and, if applicable, relief not later than the seventh business day   after the date on which the conference was held under Subparagraph   (i);                       (B)     if the requested relief was not granted or if   the principal did not timely provide a written decision under   Paragraph (A)(ii), an automatic appeal to the superintendent of the   district at which the grievance was filed that includes:                             (i)     a conference with the superintendent   and the person who filed the grievance, recorded by the   superintendent or the superintendent's designee and provided to the   person who filed the grievance, held not later than the seventh   business day after the date on which the appeal was initiated; and                             (ii)     a written decision by the   superintendent and, if applicable, relief not later than the   seventh business day after the date on which the conference was held   under Subparagraph (i); and                       (C)     if the requested relief was not granted or if   the superintendent did not timely provide a written decision under   Paragraph (B)(ii), an automatic appeal to the board of trustees of   the district that includes:                             (i)     a hearing on the grievance at a meeting   of the board of trustees, which must be:                                &#xA [Text truncated for display. Full text available on Congress.gov.]