The 89th Legislative Session in Review | Page 55

@ Grievances

• Expands grievances beyond rights created under the TEC to include violations local board policy violations and any provision of the TEC

• Allows board to delegate grievance hearings to a 3-member board committee that can make grievance decisions on behalf of the board

• Requires adoption of a grievance policy that: o Provides multi-level review, including:

■ Review by campus principal or his / her designee( if a campus issue) or by a central office administrator( if a non-campus issue)

■ Appeal to the superintendent or his / her designee

■ Appeal to the Board o o

Prohibits retaliation Allows for recusal if the administrator or trustee hearing the grievance is the subject of the grievance and escalation to the next level if necessary because of recusal o Record creation and retention, where the record must include:

■ Documents submitted by the grievant

■ Documents determined to be relevant by school staff

■ Written record of the decision at each level, which must include an explanation of the basis for the decision( s) and references the documents / evidence that support the decision( s) o

o

Permits filing of new documents or claims at any point in the grievance process Allows board or admin to send a grievance back to a lower level of review for additional fact-finding at any point in the grievance process o Allows trustees to file grievances but not vote on their own o Requires reassignment of misfiled grievances o Recognizes the attempted filing date to be the official filing date, even if filed incorrectly o Requires resolution on the merits despite procedural errors or issues with the type of relief requested o Allows grievant to choose open or closed session( unless legally restricted)

• Allows the Commissioner to report individual educators to SBEC for retaliation violations he determines occured

• Requires districts to develop and post grievance procedures / forms on their website and in handbooks, and allow electronic filing, and requires this information o be submitted to the TEA

@ Hearing Requirements

• All non-board decisions must include in writing, remedies and appeal instructions / timelines

• Board-level hearings require 5-day advance notice of new outside evidence and must be audio / video recorded or transcribed

@ Annual Report of Grievances

• Requires districts to annually report all grievances filed, including resolutions and corrective actions

• Requires TEA to publish an annual report by Dec 1 with statewide data including the number, resolutions, and corrective action

Timelines for Parent / Student Grievances

• Initial Filing Deadlines: o 60 days from the date the parent knew or had reason to know of the facts underlying their complaint o If the grievant attempted to informally resolve their complaint, whichever is later:

■ 90 days from the date the parent knew or had reason to know of the facts

■ 30 days from the date the district provided the information about how to provide a grievance

• Appeal Filing: o At least 20 days to file after decision

• Scheduling Hearings( nonboard): o Held within 10 days of filing o Written decision within 20 days of the hearing

• Hearings( board): o Held within 60 days of prior decision o Board ruling within 30 days of hearing

Commissioner Authority / TEA Re p orting on Grievances

• Grants Commissioner authority to: o Investigate confidentiality / FERPA violations o Collaborate with federal agencies to investigate o Require district FERPA compliance

• Requires superintendents of districts with 5 + grievance losses in a year to testify before SBOE

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