85R9670 KKA-F
 
  By: King of Uvalde H.B. No. 1669
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to appeals and complaints arising from school laws brought
  by parents and public school students; authorizing the award of
  attorney's fees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 7.057, Education Code, is amended by
  adding Subsection (c-1) and amending Subsection (e) to read as
  follows:
         (c-1)  Except as otherwise provided by this subsection, if
  the commissioner determines that an appeal brought by a parent or
  student against a school district is frivolous, as defined by
  Section 11.1511(b-1), the commissioner may order the parent or
  student to pay the district's reasonable attorney's fees. The
  commissioner shall consider an appeal brought against a school
  district by a parent or student relating to a matter excluded from
  the applicability of this section by Subsection (e)(1) to be
  frivolous and shall order the parent or student to pay the
  district's reasonable attorney's fees.
         (e)  This section does not apply to:
               (1)  a complaint concerning a student's participation
  in an extracurricular activity that does not involve a violation of
  a right guaranteed by Chapter 26;
               (2)  a case to which Subchapter G, Chapter 21, applies;
  or
               (3) [(2)]  a student disciplinary action under Chapter
  37.
         SECTION 2.  Section 11.1511, Education Code, is amended by
  adding Subsection (b-1) to read as follows:
         (b-1)  Under the process required by Subsection (b)(13),
  district administrators and the board of trustees are not required
  to provide a hearing regarding a frivolous complaint. In this
  subsection, "frivolous complaint" means a complaint brought by a
  parent or student that is without merit and is brought with the
  intent to harass, annoy, threaten, or vex the school district, a
  member of the board of trustees of the school district, a school
  district employee, or a parent of a student enrolled in the school
  district.
         SECTION 3.  Section 26.011, Education Code, is amended to
  read as follows:
         Sec. 26.011.  COMPLAINTS. (a) The board of trustees of each
  school district shall adopt a grievance procedure under which the
  board shall address each complaint that the board receives
  concerning violation of a right guaranteed by this chapter.
         (b)  The board of trustees of a school district is not
  required by Subsection (a) or Section 11.1511(b)(13) to address a
  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.
         SECTION 4.  This Act applies only to an appeal or complaint
  brought on or after the effective date of this Act. An appeal or
  complaint brought before the effective date of this Act is covered
  by the law in effect on the date the appeal or complaint was
  brought, and the former law is continued in effect for that purpose.
         SECTION 5.  This Act takes effect September 1, 2017.