88(3) HB 89 - Introduced version - Bill Text
 
 
  By:  Patterson H.B.  No.  89
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the establishment of an ombudsman for parents of
  children enrolled in public school.
               BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
               SECTION  1.    Subtitle E, Title 2, Education Code, is amended
  by adding Chapter 26A to read as follows:
  CHAPTER 26A. OMBUDSMAN
  SUBCHAPTER A. GENERAL PROVISIONS
               Sec.  26A.001.    DEFINITION. In this chapter, "ombudsman"
  means the individual who has been appointed as the ombudsman under
  this chapter.
  SUBCHAPTER B. APPOINTMENT AND ADMINISTRATION
               Sec.  26A.051.    APPOINTMENT OF OMBUDSMAN. (a) The State
  Board of Education shall appoint an ombudsman for parents of
  children enrolled in public school to serve at the will of the
  board.
               (b)    To be eligible for appointment as ombudsman, a person:
                           (1)    must be:
                                       (A)    a resident of this state; and
                                       (B)    a parent of a child enrolled in a school
  district or open-enrollment charter school; and
                           (2)    may not be a current or former elected official.
               (c)    The ombudsman is administratively attached to the
  agency.
               (d)    From money appropriated for the purpose, the ombudsman
  may employ staff to assist the ombudsman in performing the
  ombudsman's duties under this chapter.
               Sec.  26A.052.    COMMUNICATION AND CONFIDENTIALITY. (a) A
  person may communicate with the ombudsman regarding a complaint by
  telephone, mail, e-mail, or any other means the ombudsman
  determines to be feasible, secure, and generally accessible.
               (b)    Information received by the ombudsman regarding a
  complaint is confidential and not subject to disclosure under
  Chapter 552, Government Code. The ombudsman shall maintain the
  information in a manner that preserves the information's
  confidentiality.
               (c)    The disclosure of confidential information to the
  ombudsman under this chapter does not constitute a waiver of
  confidentiality. Any information disclosed to the ombudsman under
  this chapter remains confidential and privileged following
  disclosure.
               (d)    This section does not prohibit the ombudsman from
  communicating with the agency, the State Board of Education, or a
  school district or open-enrollment charter school regarding
  confidential information disclosed to the ombudsman by the agency,
  board, district, or school.
               Sec.  26A.053.    PUBLIC OUTREACH. The ombudsman shall
  collaborate with the agency to develop and implement an annual
  outreach plan to promote awareness of the ombudsman among parents
  of children enrolled in a school district or open-enrollment
  charter school.
  SUBCHAPTER C. DUTIES AND POWERS
               Sec.  26A.101.    DUTIES AND POWERS OF OMBUDSMAN. (a) The
  ombudsman serves as a neutral party in assisting parents of
  children enrolled in a school district or open-enrollment charter
  school with complaints regarding issues involving the agency, the
  State Board of Education, or a school district or open-enrollment
  charter school.
               (b)    The ombudsman shall develop and implement statewide
  procedures to:
                           (1)    receive complaints from parents of children
  enrolled in a school district or open-enrollment charter school
  regarding unethical conduct or a violation of state or federal law
  relating to public education or agency procedure or policy by:
                                       (A)    the agency, the State Board of Education, or
  a school district or open-enrollment charter school; or
                                       (B)    an employee of the agency, the State Board of

Statutes affected:
Introduced: ()