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A BILL TO BE ENTITLED
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AN ACT
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relating to appeals and complaints arising from school laws brought |
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by parents and public school students; authorizing the award of |
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attorney's fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 7.057, Education Code, is amended by |
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adding Subsection (c-1) and amending Subsection (e) to read as |
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follows: |
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(c-1) Except as otherwise provided by this subsection, if |
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the commissioner determines that an appeal brought by a parent or |
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student against a school district is frivolous, as defined by |
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Section 11.1511(b-1), the commissioner may order the parent or |
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student to pay the district's reasonable attorney's fees. The |
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commissioner shall consider an appeal brought against a school |
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district by a parent or student relating to a matter excluded from |
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the applicability of this section by Subsection (e)(1) to be |
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frivolous and shall order the parent or student to pay the |
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district's reasonable attorney's fees. |
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(e) This section does not apply to: |
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(1) a complaint concerning a student's participation |
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in an extracurricular activity that does not involve a violation of |
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a right guaranteed by Chapter 26; |
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(2) a case to which Subchapter G, Chapter 21, applies; |
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or |
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(3) [(2)] a student disciplinary action under Chapter |
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37. |
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SECTION 2. Section 11.1511, Education Code, is amended by |
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adding Subsection (b-1) to read as follows: |
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(b-1) Under the process required by Subsection (b)(13), |
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district administrators and the board of trustees are not required |
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to provide a hearing regarding a frivolous complaint. In this |
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subsection, "frivolous complaint" means a complaint brought by a |
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parent or student that is without merit and is brought with the |
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intent to harass, annoy, threaten, or vex the school district, a |
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member of the board of trustees of the school district, a school |
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district employee, or a parent of a student enrolled in the school |
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district. |
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SECTION 3. Section 26.011, Education Code, is amended to |
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read as follows: |
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Sec. 26.011. COMPLAINTS. (a) The board of trustees of each |
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school district shall adopt a grievance procedure under which the |
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board shall address each complaint that the board receives |
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concerning violation of a right guaranteed by this chapter. |
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(b) The board of trustees of a school district is not |
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required by Subsection (a) or Section 11.1511(b)(13) to address a |
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complaint that the board receives concerning a student's |
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participation in an extracurricular activity that does not involve |
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a violation of a right guaranteed by this chapter. |
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SECTION 4. This Act applies only to an appeal or complaint |
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brought on or after the effective date of this Act. An appeal or |
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complaint brought before the effective date of this Act is covered |
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by the law in effect on the date the appeal or complaint was |
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brought, and the former law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2017. |