Three education-related bills are working their way through the Texas legislature, and show promise of one day becoming law. Here’s what you need to know:

HB 53

HB 53 would prevent a governmental unit from entering into a settlement of $30,000 or more if the agreement includes a confidentiality or nondisclosure provision. The House has already passed HB 53, and it is headed to a Senate committee.

HB 53 could substantially impact settlement agreements involving schools, especially in employment or special education due process cases. Settlements in these cases often exceed the $30,000 threshold, and usually contain confidentiality requirements. Human resources staff, special education directors, and school attorneys should keep an eye on HB 53, and be prepared to revise future settlement agreements accordingly.

HB 1669

HB 1669 seeks to end frivolous and serial grievances. The bill would allow a school board to not address a complaint concerning a student’s participation in an extracurricular activity that does not involve a violation of student rights. It would also allow administrators or the board to not provide hearings on “frivolous complaints,” and grant the commissioner authority to order a parent or student to pay the district’s attorney’s fees for a frivolous appeal. Proponents of the measure believe it could finally remedy the longstanding problem of parents filing numerous petty grievances that force schools to waste time and incur legal costs. Opponents of the bill fear it would discourage families from filing legitimate complaints with the district. The House passed HB 1669, and it is now in the Senate committee.

SB 2141

SB 2141 would establish a code of ethics and professional conduct for non-attorney advocates who represent parents in due process cases. While Texas law permits these individuals to represent parents without a law license (much to the chagrin of attorneys), non-attorney advocates are not currently subject to any binding ethical standards.

SB 2141 would require a lay representative to enter into a contract with his or her client agreeing to abide by a code of ethics and professional conduct during the period of representation, and to utilize a process for resolving any disputes between the advocate and parent. The written agreement for representation would be confidential and could not be disclosed unless required by law. The bill has been placed on the Senate calendar.

 Keep your eye on the ARBH Bulletin for more updates from this legislative session.