SB1565 - Relating to a school district's grievance procedure and to certain public school requirements and prohibitions regarding instruction and diversity, equity, and inclusion duties and the loss of funding for public schools that fail to comply with those provisions.

      By: Creighton S.B. No. 1565     A BILL TO BE ENTITLED   AN ACT   relating to a school district's grievance procedure and to certain   public school requirements and prohibitions regarding instruction   and diversity, equity, and inclusion duties and the loss of funding   for public schools that fail to comply with those provisions.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 1, Education Code, is amended by adding   Section 1.007 to read as follows:           Sec.   1.007.     COMPLIANCE WITH MANDATORY POLICY. (a) In this   section, "public elementary or secondary school" means a school   district and a district, campus, program, or school operating under   a charter under Chapter 12.           (b)     A public elementary or secondary school, the school's   governing body, and the school's employees shall implement and   comply with each policy the school is required to adopt under this   code or other law.          SECTION 2.  Subchapter A, Chapter 11, Education Code, is   amended by adding Section 11.005 to read as follows:           Sec.   11.005.     PROHIBITION ON DIVERSITY, EQUITY, AND   INCLUSION DUTIES. (a) In this section, "diversity, equity, and   inclusion duties" means:                 (1)     influencing hiring or employment practices with   respect to race, sex, color, or ethnicity except as necessary to   comply with state or federal antidiscrimination laws;                 (2)     promoting differential treatment of or providing   special benefits to individuals on the basis of race, color, or   ethnicity;                 (3)     developing or implementing policies, procedures,   or training programs that reference race, color, ethnicity, gender   identity, or sexual orientation except as necessary to comply with   state or federal law;                 (4)     compelling, requiring, inducing, or soliciting   any person to provide a diversity, equity, and inclusion statement   or giving preferential consideration to any person based on the   provision of a diversity, equity, and inclusion statement; and           (b)     Except as required by state or federal law, a school   district:                 (1)     may not assign diversity, equity, and inclusion   duties to any person; and                 (2)     shall prohibit a district employee, contractor, or   volunteer from engaging in diversity, equity, and inclusion duties.           (c)     A school district shall adopt a policy and procedure for   the appropriate discipline, including termination, of a district   employee or contractor who engages in or assigns to another person   diversity, equity, and inclusion duties.           (d)     Nothing in this section may be construed to limit or   prohibit a school district from acknowledging or teaching the   significance of state and federal holidays or commemorative months   and how those holidays or months fit into the themes of history and   the stories of this state and the United States of America in   accordance with the essential knowledge and skills adopted under   Subchapter A, Chapter 28.          SECTION 3.  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)     diversity, equity, and inclusion duties   under Section 11.005 .          SECTION 4.  Section 26.011, Education Code, is amended to   read as follows:          Sec. 26.011.   LOCAL GRIEVANCE PROCEDURE [ COMPLAINTS ].   (a)  The board of trustees of each school district shall adopt a   grievance procedure under which the board shall :                 (1)   address each grievance [ complaint ] that the board   receives concerning a violation of the prohibition under Section   11.005 or of a right guaranteed by this chapter :                       (A)     if the grievance is filed not later than six   school weeks after the date on which the parent received notice of   an incident giving rise to the grievance; or                       (B)     regardless of whether the grievance was filed   during the period prescribed by Paragraph (A) if the grievance was   informally brought to the attention of school district personnel   during that period;                 (2)     allow a parent at any time before a final decision   by the board to provide additional evidence regarding the parent's   grievance; and                 (3)     allow a parent to file more than one grievance at   the same time .          (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. 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 board of trustees of a school district shall ensure   a grievance procedure adopted under Subsection (a):                 (1)     authorizes a parent to file a grievance with the   principal of the district campus the parent's child attends or the   person designated by the district to receive grievances for that   campus;                 (2)     requires that a principal or the person designated   by the district to receive grievances for a campus:                       (A)     acknowledge receipt of a grievance under   Subdivision (1) not later than two school business days after   receipt of the grievance; and                       (B)     not later than the 14th school business day   after receipt of a grievance described by Subdivision (1), provide   to the parent who submitted the grievance written docu [Text truncated for display. Full text available on LegiScan.]