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:                                  (a)  an open meeting if requested by   the person who filed the grievance; and                                  (b)  recorded by audio or video   recording or by court reporter by the board of trustees, separate   from any other recording the board of trustees is required to make   of the meeting;                            (ii)  written notice of the proposed date,   time, and location of the hearing described by Subparagraph (i)   provided to the person who filed the grievance not later than the   seventh day after the date on which the appeal was initiated;                            (iii)  the consent of the person who filed   the grievance to the date and time of the hearing described by   Subparagraph (i);                            (iv)  the provision of all material,   including any video footage, the district will use at the hearing to   the person who filed the grievance not later than the third business   day before the date on which the hearing is held, redacted only as   authorized by law; and                            (v)  a written decision by the board of   trustees and, if applicable, relief, which may not include remand   to the district, not later than the seventh business day after the   date on which the hearing is held;                (5)  the person who filed the grievance to be notified   before the conference or hearing, as applicable, of:                      (A)  the school district's legal representation;                      (B)  each attorney employed by or under contract   with the school district who was involved in the matter giving rise   to the grievance before the grievance was filed and the nature of   the attorney's involvement; and                      (C)  the person responsible for investigating the   grievance at each level of review described by Subdivision (4);                (6)  except as provided by Subsection (d), the addition   of evidence to the record throughout the grievance procedure,   regardless of when the evidence was discovered; and                (7)  for a grievance alleging a violation of law or a   board of trustees policy, the grievance to proceed directly to the   level of review described by Subdivision (4)(C).          (d)  The board of trustees of a school district may not use at   a hearing described by Subsection (c)(4)(C)(i) any material not in   the record developed at the level of review described by Subsection   (c)(4)(A) or (B).          (e)  Notwithstanding any other provision of this section, a   person involved in the matter that gave rise to a grievance,   including school district staff or legal counsel, may not   participate in the grievance procedure adopted under Subsection (a)   for that grievance.  In the event of a conflict of interest   described by this subsection for a person required to hear the   grievance under Subsection (c)(4):                (1)  the district must select a person who does not have   a conflict of interest to hear the grievance at the applicable level   of review;                (2)  the person who filed the grievance may contest the   person selected under Subdivision (1) if the person who filed the   grievance believes the selected person is conflicted as described   by this subsection or was not chosen in good faith; and                (3)  if the district and the person who filed the   grievance cannot agree on a person to hear the grievance, the   grievance must be heard by the board of trustees of the district in   accordance with Subsection (c)(4)(C).          (f)  A school district may not require a person who files a   grievance to submit a desired relief for the grievance.  If desired   relief is submitted by the person, the district must allow the   person to amend the desired relief during the grievance procedure.          (g)  A member of a school district board of trustees may file   a grievance with the district.  The member may not vote on matters   related to that grievance.          (h)  If, during the investigation of a grievance, a school   district discovers an unreported violation of a right guaranteed by   this chapter, of board of trustees policy, or of a provision of this   title, the district shall open a new investigation into the   unreported violation.          (i)  A school district may not be represented by an attorney   at a conference or hearing held under Subsection (c)(4) unless the   person who filed the grievance is represented by an attorney at the   conference or hearing.          (k)  Each absence of a student due to a safety concern during   the pendency of a grievance filed by or on behalf of the student   regarding that safety concern is counted as two absences for   purposes of calculating a school district's average daily   attendance.          (l)  The superintendent of a school district is responsible   for ensuring that the grievance procedure adopted under Subsection   (a) is followed and may not delegate that responsibility to another   person.  If the State Board for Educator Certification determines   that a superintendent has not ensured that the grievance procedure   is followed, the board may:                (1)  issue an inscribed reprimand to be placed on the   superintendent's certification records for a period of at least   five years; or                (2)  revoke the superintendent's certification.          (m)  At the beginning of each school year, a school district   shall provide to each student and the parent of each student   enrolled in the district written notice regarding the district's   grievance procedure adopted under Subsection (a).  The notice:                (1)  may not be combined with any other notice or   information provided to the parent; and                (2)  must include a detailed description of the   grievance procedure, including the levels of review, any time   limits provided, and the manner in which the person assigned to hear   a grievance is selected.          (n)  A school district shall post in a prominent location on   the district's Internet website the grievance procedure adopted   under Subsection (a) and instructions regarding how to file a   grievance.          (o)  A school district shall provide to each person who files   a grievance an optional survey on the person's experience with and   satisfaction with the results of the grievance procedure adopted   under Subsection (a).          (p)  Each school district shall include the following   information in the district's Public Education Information   Management System (PEIMS) report:                (1)  data relating to grievances filed with the   district during the preceding school year, disaggregated by the   level of review described by Subsection (c)(4), including:                      (A)  the number of grievances filed;                      (B)  the subject matter of each grievance;                      (C)  the number of grievances dismissed; and                      (D)  the number of grievances for which relief was   granted; and                (2)  the results of the survey submitted under   Subsection (o).          (q)  The commissioner may adopt rules as necessary to   implement this section.          SECTION 6.  (a)  This section takes effect only if H.B. 1025,   89th Legislature, Regular Session, 2025, becomes law.          (b)  Section 26.011, Education Code, as amended by this Act,   is amended by adding Subsections (j) and (r) to read as follows:          (j)  A school district may not retaliate against a student or   parent who files a grievance or a student on whose behalf a   grievance is filed.  If the inspector general determines that a   district has retaliated against a student or parent in violation of   this subsection:                (1)  the inspector general shall:                      (A)  investigate the grievance, if the grievance   has not yet been resolved;                      (B)  require the district to preserve all district   records until the audit described by Paragraph (C) is completed;                      (C)  not later than the 30th day after the date on   which the determination was made, conduct an audit of the district;                      (D)  if the inspector general determines that a   district educator has retaliated against a student or parent in   violation of this subsection, report the educator to the State   Board for Educator Certification for investigation; and                      (E)  report the determination to the commissioner   for purposes of Subdivision (2); and                (2)  the commissioner may withhold approval for the   guarantee of the district's bonds by the permanent school fund   under Subchapter C, Chapter 45.          (r)  In this section, "inspector general" means the   inspector general appointed under Subchapter E, Chapter 7.          SECTION 7.  (a)  This section takes effect only if H.B. 1025,   89th Legislature, Regular Session, 2025, does not become law.          (b)  Section 26.011, Education Code, as amended by this Act,   is amended by adding Subsection (j) to read as follows:          (j)  A school district may not retaliate against a student or   parent who files a grievance or a student on whose behalf a   grievance is filed.  If the agency determines that a district has   retaliated against a student or parent in violation of this   subsection:                (1)  the agency shall:                      (A)  investigate the grievance, if the grievance   has not yet been resolved;                      (B)  require the district to preserve all district   records until the audit described by Paragraph (C) is completed;                      (C)  not later than the 30th day after the date on   which the determination was made, conduct an audit of the district;   and                      (D)  if the agency determines that a district   educator has retaliated against a student or parent in violation of   this subsection, report the educator to the State Board for   Educator Certification for investigation; and                (2)  the commissioner may withhold approval for the   guarantee of the district's bonds by the permanent school fund   under Subchapter C, Chapter 45.          SECTION 8.  Section 25.087, Education Code, is amended by   adding Subsection (b-10) to read as follows:          (b-10)  A school district shall excuse a student from   attending school for an absence due to a safety concern regarding   which a grievance filed by or on behalf of the student is pending   under Section 26.011.  A student whose absence is excused under this   subsection may not be penalized for that absence and shall be   allowed a reasonable time to make up school work missed on those   days.  If the student satisfactorily completes the school work, the   day of absence shall be counted as a day of compulsory attendance.          SECTION 9.  This Act applies beginning with the 2025-2026   school year.          SECTION 10.  Except as otherwise provided by this Act, 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.