SB813 - Relating to the creation of grievance boards with concurrent jurisdiction over certain appeals involving the administration of public education.

  89R5534 BCH-D     By: Hughes S.B. No. 813       A BILL TO BE ENTITLED   AN ACT   relating to the creation of grievance boards with concurrent   jurisdiction over certain appeals involving the administration of   public education.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 8, Education Code, is amended by adding   Subchapter F to read as follows:   SUBCHAPTER F. GRIEVANCE BOARDS           Sec.   8.201.     DEFINITION. In this subchapter, "grievance   board" means a grievance board established under this subchapter by   the executive director of a regional education service center.           Sec.   8.202.     ESTABLISHMENT. The executive director of each   regional education service center shall establish and operate a   grievance board. A grievance board shall exercise jurisdiction   only within the regional boundaries of the center, as established   by the commissioner under Section 8.001(c).           Sec.   8.203.     COMPOSITION. A grievance board is composed of   five members appointed by the executive director of each regional   education service center as follows:                 (1)     one member who is a school administrator employed   by a school district served by the center;                 (2)     two members who are classroom teachers employed by   a school district served by the center; and                 (3)     two members who are parents of students attending   public schools located in a school district served by the center.           Sec.   8.204.     DUTIES AND POWERS. (a) A person may appeal in   writing to a grievance board established under this subchapter a   grievance over which the board has jurisdiction in the same manner   in which an appeal is made to the commissioner under Section 7.057,   as provided by Subsection (b).           (b)     A grievance board has concurrent jurisdiction with the   commissioner regarding a grievance that may be appealed under   Section 7.057 if:                 (1)     the person aggrieved resides within the regional   boundaries of the regional education service center;                 (2)  the grievance involves:                       (A)     an action or decision of the board of   trustees of a school district served by the regional education   service center;                       (B)  the school laws of this state; or                       (C)     a provision of a written employment contract   between a school district served by the regional education service   center and a school district employee, if the violation causes or   would cause monetary harm to the employee; and                 (3)     the person aggrieved appeals to the grievance   board not later than the 60th day after the person exhausts the   person's options under the grievance procedure established by the   board of trustees of a school district under Section 26.011.           (c)     Except as provided by Subsection (d) and subject to   Subsection (e), a grievance board shall hold a hearing and issue a   decision without cost to the parties involved not later than the   60th day after the date an appeal is filed with the grievance board.           (d)     Subject to Subsection (e), in an appeal involving the   actions or decisions of the board of trustees of a school district,   a grievance board shall, not later than the 90th day after the date   the appeal is filed, hold a hearing and issue a decision based on a   review of the record developed at the district level under a   substantial evidence standard of review.           (e)     The parties to an appeal to a grievance board may agree   in writing to extend, by not more than 30 days, the period for a   hearing and decision under Subsection (c) or (d), as applicable.           (f)     A grievance board may issue a decision only by the   majority vote of its members.           (g)     A person is not required to appeal to a grievance board   before:                 (1)     appealing to the commissioner under Section 7.057;   or                 (2)  pursuing a remedy under a law:                       (A)     outside of Title 1 or this title to which   Title 1 or this title makes reference; or                       (B)     with which Title 1 or this title requires   compliance.           (h)     A person may file an appeal either with a grievance   board established under this subchapter or with the commissioner   under Section 7.057, but may not file an appeal with respect to the   same grievance with both a grievance board and the commissioner.           Sec.   8.205.     HEARINGS. In conducting a hearing under this   subchapter, each member of a grievance board has the same authority   relating to discovery and conduct of a hearing as a hearing examiner   has under Subchapter F, Chapter 21.           Sec.   8.206.     OFFICERS. A grievance board shall elect from   among its members by a majority vote the chair of the board. The   chair serves a term of one year.           Sec.   8.207.     TERM OF OFFICE. The board members serve   staggered terms of two years, with the terms of two members expiring   on January 1 of each even-numbered year and the terms of three   members expiring on January 1 of each odd-numbered year.           Sec.   8.208.     GROUNDS FOR REMOVAL OF BOARD MEMBER. (a) It is   a ground for removal from a grievance board that a member:                 (1)  commits malfeasance of office;                 (2)     cannot, because of illness or disability,   discharge the member's duties for a substantial part of the member's   term;                 (3)     is absent from more than half of the regularly   scheduled board meetings that the member is eligible to attend   during a calendar year, unless the absence is excused by majority   vote of the board;                 (4)     does not have at the time of appointment the   qualifications required by Section 8.203; or                 (5)     does not maintain during service on the board the   qualifications required by Section 8.203.           (b)     The validity of an action of a grievance board is not   affected by the fact that it was taken when a ground for removal of a   board member existed.           Sec.   8.209.     COMPENSATION AND REIMBURSEMENT. A member of a   grievance board is not entitled to compensation from the regional   educational service center but is entitled to reimbursement with   center funds for necessary expenses incurred in performing duties   as a board member.           Sec.   8.210.     JUDICIAL REVIEW. (a) A person aggrieved by a   board's decision may appeal to a district court with jurisdiction   over the county in which the regional education service center that   established the grievance board is located.           (b)     If the aggrieved party is a school district, the appeal   may be filed in a district court with jurisdiction over the county   in which the school district is located.           (c)     An appeal under this section must be made by serving the   board's chair with citation issued and served in the manner   provided by law for civil suits. The petition must state the action   or decision from which the appeal is taken. At trial, the court   shall determine all issues of law and fact, except as provided by   Section 33.081(g).          SECTION 2.  (a) Not later than January 1, 2026, each   executive director of a regional education service center shall:                (1)  provide for the establishment and operation of a   grievance board, as required by Section 8.202, Education Code, as   added by this Act; and                (2)  appoint the members of the center's grievance   board, as required by Section 8.203, Education Code, as added by   this Act.          (b)  A grievance board established under Subchapter F,   Chapter 8, Education Code, as added by this Act, may not take action   until a majority of the members of the board have taken office.          SECTION 3.  This Act applies only to an appeal brought on or   after the effective date of this Act. An appeal brought before the   effective date of this Act is covered by the law in effect on the   date the appeal was brought, and the former law is continued in   effect for that purpose.          SECTION 4.  This Act takes effect September 1, 2025.