HB 4292 — 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.

Summary

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.

Bill Text

Compared against the Texas statutes as published AI-generated reading aid — verify against the official bill.

This bill amends 3 section(s) of the Texas statutes: Section 12, Education Code, Section 26.011, Education Code, Section 25.087, Education Code.

• commissioner the school laws of this or school commissioner 240th 60 commissioner commissioner → inspector general or open-enrollment charter school governing body or federal law a policy adopted by a school district board of trustees or open-enrollment charter school governing body; or (C) or open-enrollment charter school or school or open-enrollment charter school inspector general 60th or school seven inspector general 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. or open-enrollment charter school's inspector general (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.

  amended

• the school laws of this or school 240th 60 → or open-enrollment charter school governing body or federal law a policy adopted by a school district board of trustees or open-enrollment charter school governing body; or (C) or open-enrollment charter school or school or open-enrollment charter school 60th or school seven 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. or open-enrollment charter school's (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.

  amended

• (3) "Inspector general" means the inspector general appointed under Subchapter E, Chapter 7.

  amended

• Section 12, Education Code

  (4) → the grievance procedure required by Section 26.011; (4) (5)

  amended

• Section 26.011, Education Code

  COMPLAINTS complaint complaint → GRIEVANCE PROCEDURE grievance a , of a board of trustees policy, or of a provision of this title grievance , of a board of trustees policy, or of a provision of this title (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 attorne

  amended

• (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.

  amended

• (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.

  amended

• Section 25.087, Education Code

  (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.

  amended

Action History

1. April 01, 2025

   Referred to Public Education

2. April 01, 2025

   Read first time

3. March 11, 2025

   Filed

Sponsors

• Matt Shaheen · Primary

Subjects