SB812 - Relating to the grievance procedure in public schools.

  89R5535 BCH-D     By: Hughes S.B. No. 812       A BILL TO BE ENTITLED   AN ACT   relating to the grievance procedure in public schools.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter D, Chapter 11, Education Code, is   amended by adding Section 11.1517 to read as follows:           Sec.   11.1517.     STANDARD GRIEVANCE PROCEDURE. (a) The   grievance procedure adopted under Section 11.1511(b)(13) must:                 (1)  provide for:                       (A)  a complaint to be filed in writing with the:                             (i)     principal of the campus at which a   student is enrolled or a school employee works;                             (ii)     principal of the campus closest to the   place of employment of a district employee who does not work at a   school; and                             (iii)     principal of the campus closest to   the home address of a member of the public;                       (B)     a determination to be issued by the principal   on the complaint not later than the 21st day after the date the   complaint is filed;                       (C)     if the principal does not grant the requested   relief, an appeal on written request to the school district   superintendent or the superintendent's designee that includes a   review of all documents considered by the principal;                       (D)     a determination to be issued by the   superintendent or the superintendent's designee not later than the   21st day after the date the appeal is filed;                       (E)     if the superintendent or the   superintendent's designee does not grant the requested relief, an   appeal on written request to the board of trustees of the district   that includes a review of all documents considered by the principal   and the superintendent or the superintendent's designee;                       (F)     a determination to be adopted by the board of   trustees of the district not later than the 60th day after the date   the appeal is filed; and                       (G)     if the board of trustees of the district does   not grant the requested relief, notice to the parent regarding the   parent's right to file an appeal with the commissioner under   Section 7.057; and                 (2)  be:                       (A)     posted in a prominent location on the   district's Internet website, along with instructions on how a   complaint may be filed; and                       (B)     provided to each district employee and to the   parent of each student enrolled in the district at the beginning of   each school year and on request.           (b)  The agency shall:                 (1)     adopt a model grievance procedure for use by   school districts under this section; and                 (2)     post on the agency's Internet website a copy of the   model grievance policy and general guidelines regarding how a   complaint may be filed with a school district under this section or   appeal a district's decision under Section 7.057.           (c)     A grievance procedure adopted under this section may not   require a complainant to file a complaint within a specified period   of time.           (d)     The board of trustees of a school district is not   required to address a 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   section 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.          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 standard grievance procedure under   Section 11.1517 .          SECTION 3.  Section 28.004(i-1), Education Code, is amended   to read as follows:          (i-1)  A parent may use the grievance procedure adopted under   Section 11.1517 [ 26.011 ] concerning a complaint of a violation of   this section.          SECTION 4.  Section 28.017(d), Education Code, is amended to   read as follows:          (d)  If a school district does not comply with the   requirements of Subsection (c), a parent of a student enrolled in   the district may file a complaint in accordance with the district's   grievance procedure developed under Section 11.1517 [ 26.011 ].          SECTION 5.  Section 28.0211(f-3), Education Code, is amended   to read as follows:          (f-3)  The board of trustees of each school district shall   adopt a policy consistent with the grievance procedure adopted   under Section 11.1517 [ 26.011 ] to allow a parent to contest the   content or implementation of an accelerated education plan   developed under Subsection (f).          SECTION 6.  Section 26.011, Education Code, is repealed.          SECTION 7.  This Act applies beginning with the 2025-2026   school year.          SECTION 8.  As soon as practicable and not later than   December 31, 2025, the commissioner of education shall adopt rules   regarding the grievance procedure in the public schools of this   state.          SECTION 9.  This Act takes effect immediately if it receives   a vote o [Text truncated for display. 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