HB5498 - Relating to a public school's grievance procedure.

  89R16127 KJE-D     By: Dutton H.B. No. 5498       A BILL TO BE ENTITLED   AN ACT   relating to a public school's grievance procedure.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 26.011, Education Code, is amended to   read as follows:          Sec. 26.011.   GRIEVANCES  [ 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 violation of a right guaranteed by   this chapter.          (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.  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:                 (1)     require the school district to provide to a person   who files a grievance not later than the fifth business day after   the date on which the grievance is filed written notice of rights   and procedures for the grievance procedure that includes:                       (A)  clear instructions regarding how to:                             (i)     pursue a grievance with the principal   of the campus at which the grievance arose; and                             (ii)     file an appeal at each level of the   grievance procedure, including to the superintendent and the board   of trustees of the district and to the commissioner under Section   7.057; and                       (B)     contact information for each relevant   district employee or other person involved in the grievance   procedure;                 (2)     establish uniform timelines by which the school   district must respond to a grievance at each level of the grievance   procedure;                 (3)     provide that if the school district fails to   comply with the uniform timelines established under Subdivision   (2), the person who filed the grievance may automatically appeal to   the next level of the grievance procedure;                 (4)     provide that a school district employee's   disclosure of confidential student information in violation of   state or federal law, including the Family Educational Rights and   Privacy Act of 1974 (20 U.S.C. Section 1232g), is grounds for   disciplinary action against the employee;                 (5)     require mandatory training for school district   employees on the proper handling of confidential student   information in accordance with state and federal law, including the   Family Educational Rights and Privacy Act of 1974 (20 U.S.C.   Section 1232g); and                 (6)  require the school district to:                       (A)     maintain the record for the grievance at each   level of the grievance procedure, including any notices sent to the   person who filed the grievance and any official decisions or   actions taken; and                       (B)     provide secure and timely access to the   record for the grievance to the person who filed the grievance.           (d)     The agency shall develop a model form of a notice of   rights and procedures for use under Subsection (c)(1).           (e)     If a grievance is appealed to the commissioner under   Section 7.057, the agency may:                 (1)     investigate an alleged violation of state or   federal law regarding the confidentiality of student information,   including the Family Educational Rights and Privacy Act of 1974 (20   U.S.C. Section 1232g), relating to the grievance;                 (2)     collaborate with relevant federal agencies in an   investigation described by Subdivision (1); and                 (3)     take any action necessary to compel the school   district, the board of trustees of the district, or a district   employee to comply with law described by Subdivision (1).           (f)     Each school district shall annually submit to the agency   a report on grievances filed in the district during the preceding   year.   The report must include for each grievance the resolution of   the grievance and any corrective action taken.           (g)     Not later than December 1 of each year, the agency shall   post on the agency's Internet website a report on grievances filed   in school districts during the preceding year.   The report must   aggregate the data statewide and state:                 (1)  the number of grievances filed;                 (2)     the number of grievances resolved and the   resolution of those grievances; and                 (3)  any corrective actions taken.          SECTION 2.  Section 12.104(b), Education Code, is amended to   read as follows:          (b)  An open-enrollment charter school is subject to:                (1)  a provision of this title establishing a criminal   offense;                (2)  the provisions in Chapter 554, Government Code;   and                (3)  a prohibition, restriction, or requirement, as   applicable, imposed by this title or a rule adopted under this   title, relating to:                      (A)  the Public Education Information Management   System (PEIMS) to the extent necessary to monitor compliance with   this subchapter as determined by the commissioner;                      (B)  criminal history records under Subchapter C,   Chapter 22;                      (C)  reading instruments and accelerated reading   instruction programs under Section 28.006;                      (D)  accelerated instruction under Section   28.0211;                      (E)  high school graduation requirements under   Section 28.025;                      (F)  special education programs under Subchapter   A, Chapter 29;                      (G)  bilingual education under Subchapter B,   Chapter 29;                      (H)  prekindergarten programs under Subchapter E   or E-1, Chapter 29, except class size limits for prekindergarten   classes imposed under Section 25.112, which do not apply;                      (I)  extracurricular activities under Section   33.081;                      (J)  discipline management practices or behavior   management techniques under Section 37.0021;                      (K)  health and safety under Chapter 38;                      (L)  the provisions of Subchapter A, Chapter 39;                      (M)  public school accountability and special   investigations under Subchapters A, B, C, D, F, G, and J, Chapter   39, and Chapter 39A;                      (N)  the requirement under Section 21.006 to   report an educator's misconduct;                      (O)  intensive programs of instruction under   Section 28.0213;                      (P)  the right of a school employee to report a   crime, as provided by Section 37.148;                      (Q)  bullying prevention policies and procedures   under Section 37.0832;                      (R)  the right of a school under Section 37.0052   to place a student who has engaged in certain bullying behavior in a   disciplinary alternative education program or to expel the student;                      (S)  the right under Section 37.0151 to report to   local law enforcement certain conduct constituting assault or   harassment;                      (T)  a parent's right to information regarding the   provision of assistance for learning difficulties to the parent's   child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);                      (U)  establishment of residency under Section   25.001;                      (V)  school safety requirements under Sections   37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085,   37.1086, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, and   37.2071 and Subchapter J, Chapter 37;                      (W)  the early childhood literacy and mathematics   proficiency plans under Section 11.185;                      (X)  the college, career, and military readiness   plans under Section 11.186; [ and ]                      (Y)  parental options to retain a student under   Section 28.02124 ; and                       (Z)     the grievance procedure under Section   26.011 .          SECTION 3.  This Act applies beginning with the 2025-2026   school year.          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.